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2000-234
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Last modified
4/26/2024 2:10:21 PM
Creation date
4/26/2024 2:09:47 PM
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Template:
Official Documents
Official Document Type
Developer's Agreement
Approved Date
08/01/2000
Control Number
2000-034
Agenda Item Number
11.H.4.
Entity Name
Smigiel Partners IV Ltd
Subject
Developers Agreement Water's Edge Subdivision
Force Main Construction
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40 <br />do <br />C� <br />preparation hereof; accordingly, this Agreement shall not be more strictly construed against any one of the <br />parties hereto. <br />S - 13, Insurwim <br />DEVELOPER agrees to ensure that the selected Contractor for the project provides insurance; coverage <br />in accordance with Indian River County Utilities Department requirements. In addition, Indian River <br />Countv shall be named as an additional insured and the Developer shall provide an original certificate of <br />insurance to the COUNTY. <br />SC - ld. Maintenan Band <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 COUNTY. The value of the Maintenance Bond shall be twenty-five percent (25%) <br />of the total construction value of the utility improvements. <br />5C 15. Multiple Counti arts: <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 necessary <br />to produce or account for more than one such counterpart executed by the party to be charged. <br />SC - 16. Perrmits: <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 Fedora], 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 acid if possible, the parties agree to negotiate in <br />amendment to the Agreement to reflect the change in condition. If it becomes impossible or impracticable <br />to perfonn under the terms of this Agreement because of the above, then this Agreement shall terminate and <br />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 and <br />hydrostatic testing, cross connection control, monitoring, color -coding of water olid wastewater equipment. <br />SC - 17. Recording of Agr ement: <br />The Agrwncnt shall be recorded in the public records of hidian River County. The obligations defined <br />in this Agreement shall be a condition, which shall run with the land and shall bind subsequent ow7iers of <br />the property for the term of this Agreement. <br />SC - 18. Seyerabillt / Inglid Provision: <br />if any provision of the Agreement is held to be illegal, invalid or imcnforccablc under present or future <br />laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such <br />illegal, invalid or unenforceable provision lead never comprised a part of this Agreement, and the remaining <br />provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, <br />invalid, or unenforceable provision or by its severance from this Agreement. <br />C - 19. Term: <br />Pap a A,rr, <br />ru¢rw+rru.nY•rH, ru:rlv�aiti~y�+. IAIiI/x iWW4f,p—A.W"J'dW,sR A(Uw.loL;okAttWA Mv, <br />Ik�ri�pat'R ,Ay�air,nd <br />
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