2023-059A - Laserfiche WebLink

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The DEVELOPER shall bear the entire cost of engineering design, permitting and inspection fees required for DEVELOPER's obligations listed in Section 1.A. C. Reimbursement The DEVELOPER shall reimburse the COUNTY for a portion of the funds necessary for the COUNTY to complete the lift station improvements as detailed in approved construction plans. DEVELOPER shall reimburse COUNTY the sum of $160,163.39, which is the agreed upon cost share to install the DEVELOPER provided materials and equipment listed in Exhibit "B". D. Notice to Proceed The COUNTY shall issue the contractor a Notice to Proceed (NTP) to perform the work upon receipt of the reimbursement detailed in 1.C. above from the DEVELOPER. 2. Amendment: This Agreement may be modified only by a written instrument executed by all parties to the Agreement. 3. 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. 4. 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. S rlofinitinn 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. 6. DEVELOPER'S Obligations: The procurement and installation of the DEVELOPER's obligations listed in Section A shall be the DEVELOPER's responsibility and expense until such time the completion of necessary testing, acceptance and dedication of the DEVELOPER's obligations listed in Section A to Indian River County Department of Utility Services (IRCDUS) per (IRCDUS) Water & Wastewater Utility Standards, May 2019 or latest edition. Installation of the generator shall be subject to COUNTY review and approval. Entire Agreement This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there are no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. 8. Governing Law & Jurisdiction: This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such state, and all actions arising out of this Agreement shall be brought in Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for the Southern District of Florida. All of the parties to this Agreement have participated freely in the -Page 3 - FAMLITIES\W_UTILITY -AGENDA TEMPLATE & GUIDELINES\2023 AGENDA ITEMS\032823\GRIFF0N DEVELOPERS AGREEMENT2 I D109 DEV AGREEMENT GRIFFON REV 022221. DOCX