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1999-309
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1999-309
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Last modified
1/18/2024 3:03:09 PM
Creation date
1/18/2024 3:02:52 PM
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Official Documents
Official Document Type
Developer's Agreement
Approved Date
12/07/1999
Control Number
1999-309
Entity Name
John Lloyd
Subject
Developers Agreement for Woodmere Center Force Main Construction
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L <br />n.� <br />prior to submittal to the permitting agencies must approve all plans and specifications. The <br />DEVELOPER shall be responsible for all costs associated with the design, permitting and construction of <br />the offsite facilities (which includes but is not limited to transmission lines, valves, fittings, hydrants, <br />meters, and associated appurtenances) whether designed, permitted or constructed by the DEVELOPER <br />or the COUNTY. <br />The design, permitting, construction, operation and maintenance of all 99:0W water and wastewater <br />utilities which is on or solely dedicated to the DEVELOPER's property (including but not limited to <br />water meter, transmission lines, pumps, valves, storage facilities,) shall be the DEVELOPER's <br />responsibility and expense. Construction of on-site water and wastewater utilities shall be subject to <br />COUNTY review and approval. <br />'Ile DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER's side of <br />the water meter, however the DEVELOPER shall not be deemed to own the water and the transfer or sale <br />of water is prohibited. <br />The DEVELOPER may not transfer or sell water or wastewater capacityto any pally for use offsite <br />of the property. <br />59--10— Easerocn <br />The DEVELOPER shall convey to the COUNTY an exclusive casement for the water and <br />wastewater utilities. In addition, the DEVELOPER shall grant to the COUNTY a non-exclusive ingress - <br />egress casement necessary for the COUNTY to install, maintain, operate and monitor the water and <br />wastewater utilities, within the public right-of-way including but not limited to water lines, services, <br />laterals, manholes, meters, lift station, sewer, remote monitoring <br />After the COUNTY'S final inspection of the off-site water and wastewater facilities for conformance <br />with the approved plans and specifications, the DEVELOPER shall convey all the offsite facilities to the <br />COUNTY. The conveyance shall include, but not be limited to the following documents, in a form <br />acceptable to the COUNTY: <br />a) Bill of Sale <br />b) Grants of Easements <br />c) Maintenance Bond <br />d) Record Drawings (hard copy and electronic format - AutoCAD rel. 14.0) <br />SC -11_ Entire Agreement: <br />This Agreement embodies the entire agreement between the parties relative 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 set forth herein. <br />SC - l2 Governing Law & Jurisdiction: <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 arising out of this Agreement shall be <br />brought in Indian River COUNTY. All of the parties to this agreement have participated freely in the <br />negotiation and preparation hereof, accordingly, this Agreement shall not be more strictly construed <br />against any one of the parties hereto. <br />SC - 13. Insurance: <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 />Ne .kVa'e Ap—t <br />Woodmen Trade Cm <br />C:%9%e L,kFd.,,Njat- Woodmae Trade CentefA9-1-[krelopna Apern kW -1— T.& Cmta Nor 1999 doe <br />
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