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2003-181
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2003-181
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Last modified
11/15/2016 1:04:38 PM
Creation date
9/30/2015 6:41:40 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/22/2003
Control Number
2003-181
Agenda Item Number
11.J.1
Entity Name
Graves Brothers Company
Subject
Developer's Agreement Off-Site Utilities
Area
West side of US Highway 1 from 84th St. to 87th St.
Archived Roll/Disk#
3162
Supplemental fields
SmeadsoftID
3321
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The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations and <br /> maintenance including but not limited to all FDEP regulations relating to bacteriological and hydrostatic testing , <br /> cross connection control , monitoring , color-coding of water and wastewater equipment . <br /> 18 . Recording of Agreement <br /> This Agreement may be recorded in the official records of Indian River County by the COUNTY. If recorded, the <br /> obligations defined in this Agreement shall run with the land and shall bind subsequent owners of the property for <br /> the term of this Agreement. The DEVELOPER shall pay for all recording cost. <br /> 19 . Severability / Invalid Provision : <br /> If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws , such <br /> provision shall be fully severable ; this Agreement shall be construed and enforced as if such illegal, invalid or <br /> unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this <br /> Agreement shall remain in full force and effect and shall not be affected by such illegal , invalid, or unenforceable <br /> provision or by its severance from this Agreement. <br /> 20 . Term: <br /> The term of this Agreement is five ( 5 ) years . Unless otherwise agreed to by the parties in writing, this Agreement <br /> shall not be renewed automatically for successive terms . Notwithstanding the foregoing, this Agreement shall be <br /> coterminous with FDEP Permit for construction and with the County ' s Utility Construction Permit, whichever <br /> provides a shorter time period, but shall be not more than five ( 5 ) years from the date of issuance . The County may <br /> terminate this Agreement early in its sole discretion if it determines that the development project intended to be <br /> served by the improvements is suspended or discontinued. <br /> 21 . Time of Essence : <br /> Time is of the essence of this Agreement; however, if the final date of any period which is set out in any provision of <br /> this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of Florida, then, in such <br /> event, the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday. <br /> REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY <br /> Page 5 <br />
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