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2023-202
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Last modified
10/16/2023 3:26:49 PM
Creation date
10/16/2023 2:33:17 PM
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Template:
Official Documents
Official Document Type
Developer's Agreement
Approved Date
09/12/2023
Control Number
2023-202
Agenda Item Number
12.G.2.
Entity Name
Indigo Vero, LLC
Subject
Developers Agreement, 46th Place at Tracking Station Park
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c. County will be the permittee for any FDOT permit required and that the Developer <br />will be responsible for obtaining the permit. <br />d. The costs of the Improvements shall be apportioned such that the Developer shall <br />pay for eighty percent (80%) of the total cost of the Improvements and County shall <br />pay for twenty percent (20%) of the total cost of the Improvements. The parties <br />agree that the estimate of costs attached hereto as Exhibit "C" represent amounts <br />consistent with the intent of the parties. <br />e. Developer shall post a construction bond as required by the Indian River County <br />Code of Ordinances Chapter 312.11 -Performance Security. <br />f. County will reimburse Developer for its agreed upon, proportionate share of the <br />total cost of the Improvements upon the completion of the Improvements and the <br />provision of evidence of payment for all costs and expenses associated with the <br />Improvements. More specifically, Developer shall advance and pay all costs and <br />expenses associated with the completion of the Improvements and shall obtain all <br />releases and lien waivers from each party providing services, labor and/or materials <br />for the completion of the Improvements. Upon the completion of the Improvements, <br />Developer shall present evidence of payment and the aforementioned lien <br />clearances to County who shall reimburse Developer for its agreed upon and <br />proportionate share of the costs for the completion of the Improvements. County <br />shall pay all amounts due Developer under this agreement within forty-five (45) <br />days of the delivery of the documents and payment evidence required hereby. <br />g. The County shall not withhold any approval or permit, nor shall it deny <br />concurrency, because of the condition or state of any intersection in the County as <br />long as the Developer is in compliance with this Developer's Agreement. <br />h. County and Developer will coordinate construction schedules so that Tracking <br />Station Park will be open for normal vehicular traffic during the regular, posted hours <br />for park access. Closures of the park, if any, shall be coordinated with the County <br />and posted at least fourteen (14) days in advance of the park closing. Developer shall <br />provide for maintenance of traffic continuity as required by its construction <br />schedules. Developer shall coordinate construction of 46th Place with adjacent <br />business operators (CVS and 7-11) to keep the closure of each businesses <br />ingress/egress driveways to a minimum and that any closures of the driveways be <br />noticed to said operators in advance. <br />i. In the event the Developer has not received its Land Development Permit, <br />Certificate of Completion for Indigo Vero Beach or other administrative <br />authorization(s) or permit(s) required for the completion of the Development by the <br />time the County is ready to issue a Notice to Proceed with construction of the <br />Improvements to the extent necessary and applicable, the Developer shall permit <br />the County or the County's contractor, to construct the necessary Improvements and <br />the County shall permit the Developer to do so as well. <br />j. Compliance: All road construction by the Developer pursuant to this Agreement <br />shall be in compliance with all applicable, governing standards. <br />2 <br />
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