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2000-197
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2000-197
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Last modified
4/22/2024 11:28:15 AM
Creation date
4/22/2024 11:27:46 AM
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Template:
Official Documents
Official Document Type
Developer's Agreement
Approved Date
06/20/2000
Control Number
2000-197
Entity Name
ABC Construction Corp.
Subject
Developers Agreement for Chesser Gap Charter Junior High, Inc.
Sebastian Off-Site Utilities/Water Main
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40 <br />Cl <br />40 <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 one: -year <br />after acceptance by the COUN'T'Y. Tl.c value of de Maintenance Bond shall be tive.ty-five percent (250/a) <br />of the total construction value of die utility improvements. <br />SC 15. Multiple CounteiRarts: <br />'Phis Agrccrnent may be executed in a nunibcr of identical counterparts which, taken together, shall <br />constitute collectively one (1) agreement; but in making proof of this Agreement, it shall not be necessary <br />to produce or account for more titan 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 periniv; required <br />for the construction, delivery, use and monitoring of die water distributed and wastewater collected from <br />the subject property. If, through no fault of the parties involved, any federal, state or local goverrnncnt or <br />agency (excluding die COUNTY) fail to issue necessary permits, grant necessary approvals, or require a <br />material change hi the system, then to the extent necessary and if possible, die parties agree to negotiate an <br />amendment to the Agreement to reflect die change in condition. If it becomes impossible or impracticable <br />to perform under the terms of this Agreement because of the above, then this Agreement shall terminate and. <br />the parties sl.all have no further obligations to the other. <br />The DEVELOPER shall comply with rtwonablc request by die COUNTY concerning on-site <br />operations and mainicntu.co including but not limited to all FDEP regulations relating to bacteriological and <br />hydrostatic testing, cross connection control, color -coding of water and wastewater equipment. <br />SC - 17. Recording ofAarccrr.ent: <br />'I'l.c Agreement sl.all be recorded in die public records of Indian River County. The obligations defined <br />in this Agreement shall be a condition, etihich shall run with the land and shall bind sub,; que t owners of <br />the property for the term of this Agreement. <br />SC - I f3. Severability 1 Invalid Provision: <br />If any provision of the Agrewrnent is held to be illegal, invalid or unenforceable under present or fixture <br />laws, such provision shall be fully severable; this Agre cn.cnt shall be construed and enforced as if such <br />illegal, invalid or une.forumblc provision had never comprised a pari of this Agre mcnt, and the resntininb <br />provisions of this Agreement shall remain in full force; and effect and shall not he affect"] by such ilLgal, <br />invalid, or unenforceable provision or by its severmtec from this Agreement. W <br />SC - 19. 'I'crm: t <br />ly.o tarn of dais Agreement is five 5 cars. Unless otherwise authorized in writing this Agreement f <br />sl.all nut be renewed automatically for successive temps at the expiration. of any preceding tern.. The <br />Terms of this Agreement shall run concurrently with FDEP Permit to Construction and with die County's r <br />Utility Construction Permit whichever is less but shall be: not inure thatt tiveA:5_'-Acus froni the date of Co <br />Co <br />issuance. <br />SC - 20. time of Essenco: <br />Time is of the essence of this Agrw;incait; however, if the feud [fate of any period which is set out in <br />any provision of thus Agreement falls on a Saturday, Sunday or legal holiday under the laws of the United <br />IkvcjkTm*%&'fL lklsl <br />Pago 4 49 <br />k!tNil0.iam'i rt' ij rY•hNtIIhFF.Rtldq tui Alublyv4volructwn t"nmdlyklw.M Gapt'twtar 1.,Nx4k'Ir Aa 4lei. tk�.l �a+A�rrnx+n: ii <br />
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