2000-348 - Laserfiche WebLink

Home Browse Search

• 40 i B. 10 -inch Diameter Force Main alon the South Relief Canal:: The DEVELOPER shall furnish and install a 10 -inch diameter force main along the south right of way of the South Relief Canal, from Dixie Hwy. East, for a distance of approximately 1,180 linear feet, to an existing point of connection adjacent to the FECRW right of way. A sketch of the proposed improvement is also depicted in Exhibit "A." Reimbursement: Upon payment of capacity charges, the COUNTY shall provide for 100% of the above project costs, with immediate reimbursement to the DEVELOPER based on an itemized invoice of installed materials on a percentage complete basis (less 10% retainage) monthly, with final payment and release of retainage at the time the above referenced facilities are dedicated to and accepted by the COUNTY. Reimbursement shall be in the form of check from the COUNTY, and shall not exceed the amount of $136,433,00 (see attached Exhibit B). C. 4 -inch Diameter Force Main alon 4"' Street: The DEVELOPER shall furnish and install a 4 -inch diameter force main from Old Dixie Hwy. East alone 41" Street to the east property line of the subject project for a distance of approximately 335 linear feet. A sketch of the proposed improvement is depicted in Exhibit "A." 'Reimbursement: The COUNTY shall reimburse the DEVELOPER pursuant to the provisions of Section 261.11 of The Code of Indian River County for funds advanced by DEVELOPER to construct facilities in accordance with the COUNTY's Master Pian, less the cost of the DEVELOPER's front footage line extension fees. The funds to reimburse the DEVELOPER shall come from the connection charges of other properties, which use the constructed lines and facilities, based on their share of the hydraulic capacity used. The obligation of the COUNTY to make reimbursement to DEVELOPER shall expire five years from the date of the Agreement. 2. Amendment: This Agreement may be modified only by a written instrument executed by all parties to the Agreement. 3. Assggnabili Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement. Neither the DEVELOPER nor the assignee shali have the right to transfer these rights to another property unless this Agreement is amended in writing. , -_t 4. Auth ri Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the � provisions hereof are valid, binding obligations and are enforceable in accordance with w their terms. +' df70�)1Lrli�i>�;N:Ju��a ulll :5 PL1 a. �aeF 4'thS:kS F,,r. :+l>.