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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
Metadata
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Template:
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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40 <br />• <br />i <br />County shall be named as an additional insured and the Developer shall provide in original certificate of <br />insurance to the COUNTY. <br />SC - 14. Maintenance Bond <br />Tho DEVELOPER agrees to convey all right, title and interest in ilrc aforementioned utility <br />improvements to Indian River County, Florida, and provide a Maintenance Bond for a period of ane -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 />SC - 15. Multiple Counterparts; <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, Permits: <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 federal, state or local government or <br />agency (excluding time COUNTY) fail to issue necessary permits, grant necessary approvals, or require a <br />material change in the system, then to the extent necessary and if possible, the parties agree to negotiate an <br />amendment to the Agreement to reflect the change in condition. If it becomes impossible or impracticable <br />to perform under the terns 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 />Thu DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site <br />operations and maintenance including but not limited to all F'DEP regulations relating; to bacteriological and <br />hydrostatic testing, cross connection control, monitoring, color -coding of mvator and wastewater equipment. <br />SC - IT Recordinu ofAurccmcnt: <br />The Agreement shall be recorded in the public records of Indian River County. The obligations defined <br />in this Agreement shall be a condition, which shall ran with the land and shall bind subsequent oivners of <br />the property for the tern of this AAuru;nient. <br />SC - 18. Scverabilitv I Invalid provision: <br />If any provision of the Agrocnicnt is held to be illegal, invalid or unenforceable 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 had never comprised a part of this Agreement, mid the remaining <br />provisions of this Agreement shall remain in full force and ciTect and shall not be affected by such illegal, <br />invalid, or unenforceable provision or by its severance from this Agreement - <br />SC - 19. Term: <br />T The term of this Agreement is five (5) y[ar5. Unless Ot11erA5'i$e authorized in writing t1tIS Agreement <br />shall not be renewed automatically for successive terms at the expiration of any preceding term. The <br />Tcrms of this Ag;rccment shall run concurrwntly with PDEP Permit to Construction and witli the County's <br />Utility Construction Permit whichever is less but shall be not more than five (5) -`'ears from the date of <br />issuance. <br />MA'CIUpa", r'Agwall'Rq <br />Page -146 <br />F'%UNa. trnLrFY-LNU1S F:] 1N(T,Vmpn 1.'WnW [i+ru4a,v�v 1'mnrt�';tikxtL hr Ik +i'ue Al,m Exe�aaxn'Imrripn Apcenxra-n�hh ingMna Upve N'W Hsn kgfaee n <br />tk,rkT.. ,Al—d W 2), zero aloe <br />
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