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2000-363
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2000-363
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Last modified
8/20/2024 11:41:26 AM
Creation date
8/20/2024 11:40:56 AM
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Official Documents
Official Document Type
Developer's Agreement
Approved Date
12/05/2000
Control Number
2000-363
Agenda Item Number
11.H.1.
Entity Name
Daniel Scully
Subject
Developer's Agreement Utility Improvements and Water Main Extension
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• <br />C> <br />SC - 9. DEVELOPER's Obligations: <br />The DEVELOPER shall prepare at its own expense, pines, specifications, agreement, advertisement, <br />general conditions, hereinafter referred to as the "contract doclnncnis", for the lines and facilities necessary <br />to deliver the water utilities from the COUNTY'S facilities. 'file COUNTY prior to submittal to [lie <br />permitting agencies must approve all plans and SpWifieatioats. The DEVELOPM shall be responsible for <br />all costs associated with the design, permitting and construction of the offsite facilities (which includes but <br />is not limited to transmission lines, valves, fittings, hydrants, meters, and associated appurtenances) <br />whether designed, permitted or constructed by tile DEVELOPER or the COUNTY. <br />The design, permitting, construction, operation and maintenance of all on-site water and wastewater <br />utilities which is on or solely dedicated to the DEVELOPER's property (including but not limiled to Water <br />meter, transmission lines, pinups, valves, storage facilities,) shall be tlae DEVELOPIR's responsibility and <br />expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review and <br />approval. <br />.rhe DEVELOPER shall be drained in possession of the potable water on the DEVELOPER's side of <br />the water mcter, however the DEVELOPER shall not Etc doomed to own lite water and (lie transfer or sale <br />of water is prohibited. <br />The DEVELOPER may not transfer or sell water or wastewater capacity to alily party for use offsite of <br />the property. <br />SC 10. Conveya nee of Ut i I i ly facilities: <br />After the COUNTY'S final inspection of the old site water .and wastewater facilities for conformance <br />with the approved plans and specifications, the DEVELOPER shall convey all the offsite flcilities to the <br />COUNTY. The conveyance may "include, any of lite following documents as necessary, to a iiarnu <br />acceptable to the COUNTY: <br />a) Bill of Sale <br />b) t irant% of i:asclments <br />C) Maintenance Build <br />d) Record Urnwings ($lard copy and clectrnnie format — AutoCAD rel. 14.0) <br />SC - H. Full ire Agraxmca1: <br />This Agreement embodies the entire agreement between the Pardo' relative to the subject matter hereof, <br />and there is no oral or written ag,recments between the parties, nor any rcprcsclualions made by either party <br />relative to the subject platter hereof; which are not expressly set bulla herein. <br />SC - 12. Govcrtink; l.aw & ]urisdictiow, <br />This Agreement shall be governed by the law$ ol' the State of I-lorida and the laws of the United States- <br />pertaining <br />tatespertaining to transactions in such State anti all ac lions arising out of this Abrsx:tnent shall be brought ht <br />Indian River COUNTY. All of the parties to this agrtemem have participated freely in the negotiation and <br />preparation lucroof; accordingly, this Agreement shall not be more strictly construed against ;any one of the <br />parties hereto. <br />SC 13. Insurance: <br />1)WELOPER at rus to ensure Lbat the selected Con[raclor for the project provides insurance coverage <br />in accordance with Indian River County Utilities Department icquiremeols. In addition, Indian River <br />D VV10VWr'5 Agl"nMIT <br />Pap .1 orf- <br />
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