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1999-310
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1999-310
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Last modified
1/18/2024 3:12:25 PM
Creation date
1/18/2024 3:11:32 PM
Metadata
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Template:
Official Documents
Official Document Type
Interlocal Agreement
Approved Date
12/07/1999
Control Number
1999-310
Entity Name
Indian River Farms Water Control District
Subject
Permit & Interlocal Agreements/Yearly Lease Agreements
10" Tertiary Treated Sanitary Sewer Effluent line: (82nd Ave; US Hwy 1 to Lift Station:
Sand Ridge Golf Course So to Hawks Nest Golf Course; Oslo Rd from 27th Ave;
6th Ave SW& Sunrise DR; Storm Grove Road-57h Street to East Hobart Rd-77th St (Cy)
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0 <br />River County shall be named as an additional insured and the Developer shall provide an original <br />certificate of insurance to the COUNTY. <br />SC - 14 Main nange 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 one-year <br />after release of final payment by the COUNTY. The value of the Maintenance Bond shall be twenty-five <br />percent (25%) of the total construction value of the utility improvements. <br />Sc - 15 Multiple Cvuntervarts; <br />This Agreement may be executed in a number of identical counterparts which, taken together, shall <br />constitute collectively one (1) agreement. but in making proof of this Agreement, it shall not be <br />necessary to produce or account for more than one such counterpart executed by the party to be charged. <br />SC - 16.Pgrmits: <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 federal, state or local government or <br />agency (excluding the COUNTY) fail to issue necessary permits, grant necessan 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 parties 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 />Rr�ingvt•Attretmcnt <br />The Agreement shall be recorded in the public records of Indian River County. The obligations <br />defined in this Agreement shall be a condition, which shall run with the land and shall bind subsequent <br />owners of the property for the term of this Agreement, <br />(- .....evcralrilily / Invalid Pruvision; <br />If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or <br />future law's, such provision shall be fully severable. this Agreement shall be construed and enforced as if <br />such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the <br />remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by <br />such illegal, invalid, or unenforceable provision or by its severance from this Agreement. <br />Sc - 19. Term: <br />The term of this Agreement is five (5) Ncars. Unless otherwise authorized in writing this Agreement <br />shall be to be renewed automatically for successive terms at the expiration of any preceding term. The <br />Terns of this Agreement shall run concurrently with FDEP Permit to Construction and with the County's <br />Utility Construction Permit whichever is less but shall be not more than five 5 - •ears from the date of <br />issuance. <br />C.St,m Wyk Fdm'P,.J t -W --Ib erc Tnde CmtttUpt d-Nev kven Ar W -lb -I Tnda Cent -Nov 1999 da <br />N'o.d—T.& C -W <br />
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