2023-061A - Laserfiche WebLink

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follow the schedule outlined below: Off-site watermain identified as Item IRC -1 in Exhibit B to be paid once completion of all necessary testing, acceptance of Florida Department of Environmental Protection (FDEP) Certification Of Completion, final close out of the FEC permit for work within the FEC right of way, and acceptance of the watermain dedication to Indian River County Department of Utility Services (IRCDUS) through a Bill of Sale, per (IRCDUS) Water & Wastewater Utility Standards, May 2019 or latest edition, granting of all items set forth in section 9 below, and payment to the COUNTY of $5,435.56 for the fees paid by COUNTY to FEC. 2. Amendment: This Agreement may be modified only by a written instrument executed by all parties to the Agreement. 3. Assignability: Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY. 4. Authority: Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. 5. Captions: Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. 6. Construction Plans, Technical Specifications and Contract Documents: The DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilities Construction Permit (UCP) to the Indian River County Utilities Department, Florida Department of Environmental Protection (FDEP) and all other necessary permits. The DEVELOPER shall not commence construction until all permits are approved and obtained. 7. Definition All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. 8. DEVELOPER'S Obligations: -Page 2 - C:\USLItS\CiCUSECW'L'llAfA\LOCAL\MICI2OSUFI\WINWWSUNI;'1CAC11E\WNIEN'r.UUrLWK1NLXUFIU7G\UtV A(i EEMEN1 LAWKS NES1-DRAFT -1.31.2023.WC