2004-299 - Laserfiche WebLink

Home Browse Search

r or, j � . � � � L Reimbursement: The COUNTY shall reimburse the DEVELOPER based on an itemized invoice of installed materials on a complete basis after the above-referenced facilities are dedicated to and accepted by the COUNTY. The funds to reimburse the DEVELOPER shall derive from the connection charges of other properties that use the constructed lines and facilities based on their share of the front footage of each individual property. The COUNTY ' S obligation to make reimbursement to the DEVELOPER shall expire lvk (144 ye m the date of this Agreement. (See Exhibit ` B ") Futur pa is to the DEVELOPER: When individual lot connects to this water system within the Vi nexA k S ears, the DEVELOPER will be reimbursed by the COUNTY for a portion of the water system along Massey Road, less the DEVELOPER' S share. The reimbursement formula will be derived as follows : The cost for this water system is $70,933 . 62 , which divided by the total 2000 linear feet of lot frontage benefiting from the water main equals $ 35 .47 . This $ 35 .47 per linear foot is multiplied by the front footage per lot to give a lot cost that is reimbursed to the DEVELOPER. An example below is for the DEVELOPER ' S lot (See Exhibit "A") $70,933 . 62 divided by 2000 linear feet is $35 .47 . The front footage of developer' s lot measures148 . 00 linear feet, times the unit cost of 35 .47 equals $5 ,249 . 56. The maximum reimbursement for this water system is $70, 933 . 62 less $5 ,249 . 56 or $65 ,684 . 06 to be reimbursed to the DEVELOPER as others connect to the system up to a thk (N year period from the date of execution of this agreement. 2 . Amendment: This Agreement may be modified only by a written instrument executed y Pall parties to the Agreement. 3 . Assignability: Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY. 4 . Authority: Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and is enforceable in accordance with their terms . 5 . Bidding and Award : The DEVELOPER shall use the County ' s public competitive bid process for all off-site utilities to be constructed under this Agreement, and Developer further agrees fully and timely to cooperate with the COUNTY in the public competitive bidding of the construction of off-site utilities described in this Agreement. The DEVELOPER shall timely provide the Indian River County Purchasing Division with sufficient information, including, without limitation, the nature of the project, where the plans may be purchased, the purchase price of the plans in an amount not to exceed One Hundred Dollars ($ 100 . 00), the proposed date of bid opening, and all other necessary and required competitive bid details to ensure sufficient public notice of the construction of off- site utilities described in this Agreement to enable the COUNTY to post a notice on DemandStar. The DEVELOPER agrees that the Indian River County Purchasing Division shall conduct the public competitive bid process for the construction of off-site utilities described in this Agreement to obtain bona fide bids from licensed and qualified utility contractors, and such bids to be publicly opened and read aloud . The DEVELOPER shall cause the DEVELOPER ' s consulting engineer to review the bids received by the Indian River County Purchasing Division, and to make Page 2 C:\DOCUMENTS AND SETTINGS\CAROLE\MY DOCUMENTS\MGB CONSTRUCTIOMDEVELOPERS AGREEMENT 7.28-04.DOC