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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 agrees to convey all right, title, and interest in the aforementioned utility improvements <br /> to INDIAN RIVER COUNTY and provide a Maintenance Bond, subject to the COUNTY's approval, issued <br /> by a reputable surety company authorized to do business in the State of Florida, for a period ofone year after <br /> the COUNTY's acceptance of the improvements. The value of the Maintenance Bond shall be 25 percent of <br /> the total construction value of the utility improvements . At the COUNTY's sole discretion, the COUNTY <br /> may accept a Letter of Credit, drawn on a reputable financial institution located within 200 miles of Vero <br /> Beach, Florida, in lieu of a surety bond. <br /> 16. 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 to <br /> produce or account for more than one such counterpart executed by the party to be charged. <br /> 17. Permits : <br /> The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the <br /> construction, delivery, use and monitoring of the water distributed to and wastewater collected from the <br /> subject property. If, through no fault of the parties involved, any federal, state or local government or agency <br /> (excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, or requires 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 the COUNTY determines that it is <br /> impossible or impracticable to perform under the terms of this Agreement because of the above, then this <br /> Agreement shall terminate and the parties shall have no further obligations to each other. <br /> 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 <br /> testing, 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 <br /> recorded, the obligations defined in this Agreement shall run with the land and shall bind subsequent owners <br /> of the property for 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, <br /> such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, <br /> invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining <br /> provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, <br /> invalid, or unenforceable 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 <br /> Agreement shall not be renewed automatically for successive terms . Notwithstanding the foregoing, this <br /> Agreement shall be coterminous with FDEP Permit for construction and with the County' s Utility <br /> Construction Permit, whichever provides a shorter time period, but shall be not more than five (5) years from <br /> the date of issuance. The County may terminate this Agreement early in its sole discretion if it determines <br /> that the development project intended to be 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 <br /> provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of <br /> Page 5 <br />
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