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2003-078a
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2003-078a
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Last modified
9/28/2016 10:54:57 AM
Creation date
9/30/2015 6:26:46 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/01/2003
Control Number
2003-078a
Agenda Item Number
11.H.5.
Entity Name
Poplar Development, Inc.
Subject
Constriction of off-site utilities agreement
Area
41st Street from 58th Ave west
Archived Roll/Disk#
3160
Supplemental fields
SmeadsoftID
3201
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The DEVELOPER shall pay line extension fees in the amount of $ 15 .77 per foot of property frontage of <br /> the proposed sewer line. The DEVELOPER' S fee for this portion is tabulated below : <br /> Frontage Total Frontage Cost per Front Footage $/ ft. Developer Cost <br /> 41 s' Street F 970 if $ 15 . 77 $ 15 ,296 . 90 <br /> 2 . Amendment: <br /> This Agreement may be modified only by a written instrument executed by all parties to the Agreement. <br /> 3 . Assignability: <br /> Either party may assign this Agreement. However, the rights granted herein shall run with the land and are <br /> not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this <br /> Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not <br /> have the right to transfer these rights to another property unless this Agreement is amended in writing by the <br /> assignee and the COUNTY. <br /> 4 , Authority: <br /> Each party hereto represents and warrants to the other that the execution of this Agreement and any other <br /> documents required or necessary to be executed pursuant to the provisions hereof are valid, binding <br /> obligations and are enforceable in accordance with their terms . <br /> 5 . Bidding and Award: <br /> Bid proposals and engineering costs related to the work described herein shall be subject to approval by the <br /> Indian River County Department of Utility Services . The DEVELOPER shall submit to the Department of <br /> Utility Services for review at least three (3 ) bid estimates from licensed and qualified utility contractors. The <br /> term "qualified" shall be as determined by the COUNTY. The COUNTY ' s reimbursement of construction <br /> costs to the DEVELOPER shall be conditioned upon the Utility Services Department ' s approval of project <br /> costs. The DEVELOPER shall not commence work unless the Utility Services Department provides written <br /> approval of the final construction cost. The COUNTY may require redesign and/or re-bid if, in the <br /> COUNTY' s sole discretion, project costs significantly exceed those contained in Exhibit `B . " <br /> 6 . Captions : <br /> Captions, if included, in this Agreement are included for convenience only and are not to be considered in <br /> any construction or interpretation of this Agreement or any of its provisions. <br /> 7 . Construction PIans Technical Specifications and Contract Documents : <br /> The DEVELOPER agrees to complete a final set of construction drawings and make submission for a <br /> Utilities Construction Permit to the Indian River County Utilities Department and Florida Department of <br /> Environmental Protection (FDEP). The DEVELOPER shall not commence construction until all permits are <br /> approved and obtained. <br /> 8 . Definition <br /> All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity <br /> of the party or parties may require. <br /> 9. DEVELOPER ' s Obligations : <br /> Page 2 <br />
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