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15 Willie naflee Bond:
<br />1 he i)I VLL.OPUR agrees to convey all right, title, and interest in the aforementioned utility improvements to
<br />INDIAN Il1VFR COUNTY and provide a Maintenance Bond, subject to the COUNTY'S approval, issued by a
<br />reputable surety company authorized to do business in the State of Florida, for a period of tine year alter the
<br />C:OUNCY's acceptance of tt►e improventents.'I'he value of the M;►intenance Bond shall he 25 percent ol'the total
<br />cunstniclion value of the utility improvements. At the COUN`I'Y's sole discretion, tilt COUNTY mai , accept a
<br />Letter of Credit, draw oil a reputable financial institulion Inc.Ued within 200llyilcs of Vero Beach, Florid;', in lieu Ill'
<br />a surety hand.
<br />Ire. Multiple (,.Molle marls:
<br />Phis Af rccnu.nl may IV executed in it number of identical counterparts which, taken shall crntstitute
<br />collectively one (1) Agreettlent; hilt in making proof' of this Agreement, it Shall urn he nccesstuy to produce or
<br />account for more than one such counterpart executed by the party to he charged.
<br />17 l'crr�,►ttti:
<br />The DIVHI_OpIR shall he responsible for obtaining all construction arid operating permits required for the
<br />construction, delivery, use and monitoring of the water distributed to and wastewater collected from the subject
<br />property. If, through tto fauh of the parties involved, any federal, state or local government ur agency (excluding
<br />the cOUNl'Y) fails to issue necessary permits, or bails to f;rant necessary approvals, or requires it material change in
<br />Ole system, then to file extent necessary and if passible, the parties agree io negotiate an amendment to the
<br />Agreement to reflect the change in eonulition. If the COUNTY determines that it is impossible or impracticable to
<br />perform under the terms of this Agreement because ol'thc above, then this Agreement shall terminate and the parties
<br />shall have na further obligations to elicit other.
<br />'Che DEVfiL,OPER shall comply with reasonable request by the C."OUN'i'Y concerning on-site operations and
<br />maintenance inchuling hot not limited to all FIAT regulations relating to bacteriological and hydrostatic testing,
<br />cross connection control, monitoring, color -coding of water and wastewater equipment.
<br />IH. Recotdim, of Agreement:
<br />"Chis Agreement may he recorded in the official records of indium [liver C'ttunly by the C'OUNi'Y. if recorded, file
<br />obligations defined in this Agreement shall run with the land and shall bind subsequent owners ol, the property for
<br />file term of this Agreement. The I)IsVI1.0>I'1.R shall pay for all recording cost.
<br />1tJ „!�,wur�ibili.ty_I invalid Provision:
<br />If any provision of file Agrccrment is held to lye illegal, invalid lir unarforecahlc funder present or future laws, sec r
<br />Provision shall be fully severable; this Agreement shall he construed and enforced as il'such illegal, invalid lir
<br />unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of Ibis
<br />Agreement shall remain h►1'ull force and effect and shall not he affected by such illegal, invalid, or unenforceable
<br />provision lir by its severance front this Agreement.
<br />20...._'1 erm:
<br />i'hc term of this Agreement is five (5) yours. Unless otherwise: agreed to by the panics in writing, this Agreement
<br />shall not he renewed a►nomatically for successive terms. Notwithstanding tilt+ foregoing, this Agreement shill be
<br />coterminous with I -I UT Permit for construction and with the County's Utility Construction Permit, whichever
<br />provides it shorter time period, but shall be not more than five (5) years from the date of issuance. The County may
<br />terminate this Agreement early in its side discretion it' it determines that the developn►om project intemled to he
<br />served by the improvements is suspended or dist:ontint"l.
<br />,I uric of t `sclice:
<br />iow is of the essence of this Agreement; however, if the l incl (hoc of ,uty period tivhich is set out in any provision
<br />'I
<br />of this Agreement Calls run a Saturday, Sunday fir Icgal hoiithy un�Icr the It«vs ol'the ��tatc of Florida, then, in such
<br />event, the. tittle of such period shall he cxlendetl to the acre ttti, F�hich i5 not n Saturday, Sunday or ictal httlitlay.
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