2018-179 - Laserfiche WebLink

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5. In the event the Developer has not received its Land Development Permit or its Certificate of Completion for Arabella Reserve by the time the County is ready to issue a Notice to Proceed with construction of the 58`x' Avenue Improvement Project, the Developer shall permit the County or the County's contractor, to construct the necessary stormwater improvements within the easements as described in Exhibit "C". The Developer shall be compensated pro rata for any work performed up to the issuance of the Notice to Proceed. 6. As a condition of project approval, the Developer is required to construct a 5' wide concrete sidewalk along its 58h Avenue border. Since the County plans to expand 58th Avenue at this location to a four lane road, the Developer shall not be required to construct the required sidewalk on 58th Avenue and shall compensate the County $17,982.00 prior to issuance of the Certificate of Completion of Arabella Reserve and the County shall be responsible for including the construction of the sidewalk with the 58h Avenue project. 7. At the time of issuance of a Certificate of Completion for Arabella Reserve, the County shall compensate the Developer $83,226.78 as depicted in Exhibit "D" attached and incorporated herein by reference. DOT Compliance: All road construction by the Developer pursuant to this Agreement shall be in compliance with Florida Department of Transportation standards. 9. Miscellaneous: A. In the event of any litigation arising out of this Agreement, the prevailing parry shall recover attorneys' fees and costs from the non -prevailing party. B. No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto. C. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. D. This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any parties hereto. This Agreement shall not be effective unless signed by the Developer and the County.