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1999-279
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1999-279
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Last modified
1/9/2024 2:04:22 PM
Creation date
1/9/2024 2:03:56 PM
Metadata
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Template:
Official Documents
Official Document Type
Developer's Agreement
Approved Date
11/02/1999
Control Number
1999-279
Entity Name
Alfred P. Scopinich
Subject
Developers Agreement Constructiion of off-Site Utilities.
Seminole Shores Lane
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r-1 <br />d) Record Drawings (hand copy and electronic format — AutoCAD rel. 14,0) <br />1 SC - It. FntircAAgleemcnt. <br />This Agreement embodies the entire agreement between the parties dative to the subject matter <br />hereof, and there is no oral or written agreements between the parties, nor any representations made by <br />either party relative to the subject matter hereof, which are not expressly sej forth herein. <br />+£' _ !� [iavertri_ng_I-aw & lurisdicti n; f <br />This Agreement shall be governed by the laws of the State of Florida and the laws of the United <br />States pertaining to transactions in such State and all actions aris"tng out of this Agreement shall be <br />brougbt in Indian River COUNTY. All of the panics to this agreement have participated freely to the <br />negotiation and preparation bercof; accordingly, this Agn ement shall not be more strictly construed <br />against any one of the parties hereto. <br />- 13. 1gmAgC <br />DEVELOPER agrees to ensure that the selected Contractor for the project provides insurance <br />coverage in accordance with Indian River County Utilities Department requirements. In addition, Indian <br />River County shall be named as an additional insured and the Developer shall provide an or gi" <br />certificate of insurance to the COUNTY. <br />SC - 14 Maintenance Bond <br />The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility <br />improvements to Indian River County, Florida, and provide a Maintenance Bond for a period of ane -year <br />after release of final payment by the COUNTY. The value of the Maintenance Bond shall be twenty-five <br />percent (25%n) of the total construction value of the utility improvements - <br />Sc - 0. M l ` le unto <br />This Agreement may be executed in a number of identical counterparts which, taken together, shall <br />constitute collectively one (l) agreement, but in making proof of this Agreement, it shrill not be <br />necessary to produce or account for more than one such counterpart executed by the party to be charged. <br />SC - 16. Permits.. <br />The DEVELOPER shall be responsible for obtaining all construction and operating permits required <br />for the construction, delivery, use and monitoring of the water distributed and wastewater collected to the <br />subject property. If, through no fault of the parties involved, any fcdcral, state or local government or <br />agency (excluding the COUNTY) fail to issue necessary permits, grant necessary approvals, or require a <br />material change in the system, then to the extent necessary and if possible, the parties agree to negotiate <br />an amendment to the Agreement to reflect the change in condition If it becomes impossible or <br />impracticable to perform under the terms of this Agreement because of the above, then this Agreement <br />shall terminate and the parks shall have no further obligations to the other. <br />The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site <br />operations and maintenance including but not limited to all FDEP regulations relating to bacteriological <br />and hydrostatic testing, cross connection control, monitoring, color -coding of water and wastewater <br />equipment. <br />SC - 17. Re rdin f A icemen <br />'Me Agreement shall be recorded in the public records of Indian River County. Tire obligations <br />defined in this Agreement shall be a condition, which shall run with the land and sball bind subsequent <br />owners of the property for the term of this Agreement. <br />De++eS—r's Agraa«ent <br />Alfred P. &&pinch <br />Page 4 or 8 <br />c.9,,, rwrw FIMP". amt Aw Wn &5—Armmmd-D— -Apun*U-9M A,bu,. W"&SO— cr« <br />
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