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2024-083
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Last modified
5/16/2024 11:28:40 AM
Creation date
5/16/2024 11:27:34 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Developer's Agreement
Approved Date
04/09/2024
Control Number
2024-083
Agenda Item Number
8.V.
Entity Name
Sam’s Hobby Barn, Samuel F. Gagliano, Trustee
Subject
Developers Agreement to Provide the Utility Improvement to Connect to the Regional
Water Main and Force Main Facilities
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the termination of the existing 8 -inch diameter sewer force main to the south property line of <br />the Subject Property, a distance of approximately 240 linear feet. <br />2. Reimbursement: <br />The COUNTY shall reimburse the DEVELOPER pursuant to the provisions of Section 201.11, of <br />the Code, for funds advanced by DEVELOPER to oversize the off-site sewerforce main. COUNTY <br />shall reimburse DEVELOPER in accordance with Exhibit "B" for oversizing and extending the off- <br />site sewer force main. The actual reimbursement amounts shall be based on Exhibit "B" but in <br />no event shall the County cost share exceed $6,730.80. <br />Within 30 calendar days of acceptance of the bill of sale for the sewer main and submittal of <br />the necessary maintenance security, COUNTY shall reimburse DEVELOPER its share of the cost <br />of the sewer main, as set forth in Exhibit "B". <br />3. Amendment: <br />This Agreement may be modified only by a written instrument executed by all parties to the <br />Agreement. <br />4. Assignability: <br />Either party may assign this Agreement so long as the assignment bears acknowledgment of the <br />assignee and the other party. However, the rights granted herein shall run with the land and <br />are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the <br />right under this Agreement to freely transfer the rights and obligations granted by this <br />Agreement, the DEVELOPER, nor any assignee, shall have the right to transfer these rights to <br />another property unless this Agreement is amended in writing. <br />5. Authority: <br />Each party hereto represents and warrants to the other that the execution of this Agreement <br />and any other documents required or necessary to be executed pursuant to the provisions <br />hereof are valid, binding obligations and are enforceable in accordance with their terms. <br />6. Captions: <br />Captions, if included, in this Agreement are included for convenience only and are not to be <br />considered in any construction or interpretation of this Agreement or any of its provisions. <br />7. Construction Plans, Technical Specifications and Contract Documents: <br />The DEVELOPER agrees to complete a final set of construction drawings and make submission <br />for a Utilities Construction Permit (UCP) to IRCDUS, to Indian River County Public Works for a <br />Page 2 <br />
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