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2003-008
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2003-008
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Last modified
9/2/2016 11:36:54 AM
Creation date
9/30/2015 6:14:56 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/07/2003
Control Number
2003-008
Agenda Item Number
11.H.1.
Entity Name
IR Mall Associates, LTD
Subject
Construction of on-site utilities
Area
Indian River mall
Archived Roll/Disk#
3160
Supplemental fields
SmeadsoftID
2793
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The DEVELOPER has completed a final set of construction drawings and has made submission <br /> for and secured a Utilities Construction Permit from the Indian River County Utilities <br /> Department and Florida Department of Environmental Protection (FDEP). The DEVELOPER <br /> shall not commence construction until all permits are approved and obtained. <br /> 7. Definition: <br /> All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, <br /> as the identity of the party or parties may require. <br /> 8. DEVELOPER'S Obligations: <br /> The design, permitting, construction, operation and maintenance of all on-site water and <br /> wastewater utilities which is on or solely dedicated to the DEVELOPER's property(including but <br /> not limited to water meter, transmission lines, pumps, valves, storage facilities, etc.) shall be the <br /> DEVELOPER's responsibility and expense. Construction of on-site water and wastewater <br /> utilities shall be subject to COUNTY review and approval. <br /> 9. Entire Agreement: <br /> This Agreement embodies the entire agreement between the parties relative to the subject <br /> matter hereof, and there is no oral or written agreements between the parties, nor any <br /> representations made by either party relative to the subject matter hereof, which are not <br /> expressly set forth herein. <br /> io. Governing Law&Jurisdiction: <br /> This Agreement shall be governed by the laws of the State of Florida and the laws of the United <br /> States pertaining to transactions in such state, and all actions arising out of this Agreement shall <br /> be brought in Indian River County, Florida, or, in the event of federal jurisdiction, the United <br /> States District Court for the Southern District of Florida. All of the parties to this Agreement <br /> have participated freely in the negotiation and preparation hereof. Accordingly, this Agreement <br /> shall not be more strictly construed against anyone of the parties hereto. <br /> ii. Insurance and Indemnification: <br /> The DEVELOPER shall ensure that, at least ten (io) days prior to the commencement of any <br /> work, the selected contractor and any subcontractor provides to the COUNTY a certificate of <br /> commercial general liability insurance with a reputable insurance company subject to approval <br /> by the COUNTY's risk manager in an amount not less than $1,000,000 combined single limit <br /> for bodily injury and property damage in accordance with the COUNTY's Administrative Policy <br /> Manual. The DEVELOPER shall ensure that, at least ten (1o) days prior to the commencement <br /> of any work the selected contractor and any subcontractor provides to the COUNTY a certificate <br /> of business auto liability insurance with a reputable insurance company subject to approval by <br /> the COUNTY's risk manager in an amount not less than $i,000,000 per occurrence combined <br /> single limit for bodily injury and property damage in accordance with the COUNTY's <br /> Administrative Policy Manual. The commercial general liability and auto liability insurance <br /> policies shall name Indian River County, a political subdivision of the State of Florida, as an <br /> additional insured. In addition,the DEVELOPER shall ensure that,at least ten(1o) days prior to <br /> the commencement of any work the selected contractor and any subcontractor provides to the <br /> C\DOCUME-1\gambillm\LOCALS-1\Temp\C.Lotus.Notes.Deta%greemeM-On Site Utilities doc <br /> Page 3 of 10 <br />
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