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2004-299
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2004-299
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Last modified
10/3/2016 11:27:00 AM
Creation date
9/30/2015 8:27:06 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/23/2004
Control Number
2004-299
Agenda Item Number
11.J.2
Entity Name
William Ballough
Subject
Off-Site Water System Utilities
Area
945 Sebastian Blvd.#3
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4745
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ORIGINAL h <br /> The DEVELOPER shall convey to the COUNTY a utility easement for the water and wastewater utilities <br /> for the COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the <br /> private right-of-way including, but not limited to, water lines, services, laterals, manholes, meters, lift <br /> station, sewer, remote monitoring and related utility structures . <br /> After the COUNTY ' S final inspection of the off-site water and wastewater facilities for conformance with <br /> the approved plans and specifications, the DEVELOPER shall convey all the off-site facilities together <br /> with an interest in land, as may be required by the COUNTY, to the COUNTY. The conveyance shall <br /> include any of the following documents as may be required by the COUNTY, in a form acceptable to the <br /> COUNTY : <br /> a) Bill of Sale <br /> b) Grants of Easements <br /> c) Maintenance Bond <br /> d) Record Drawings (hard copy and electronic format — AutoCAD rel . 14 . 0 or higher) <br /> 11 . Entire Agreement <br /> This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, <br /> and there is no oral or written agreements between the parties, nor any representations made by either party <br /> relative to the subject matter hereof, which are not expressly set forth herein . <br /> 12 . Governing Law & Jurisdiction : <br /> This Agreement shall be governed by the laws of the State of Florida and the laws of the United States <br /> pertaining to transactions in such state, and all actions arising out of this Agreement shall be brought in <br /> Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for <br /> the Southern District of Florida. All of the parties to this Agreement have participated freely in the <br /> negotiation and preparation hereof. Accordingly, this Agreement shall not be more strictly construed <br /> against any one of the parties hereto . <br /> 13 . Insurance and Indemnification : <br /> The DEVELOPER shall ensure that, at least ten ( 10) days prior to the commencement of any work, the <br /> selected contractor and any subcontractor provides to the COUNTY a certificate of commercial general <br /> liability insurance with a reputable insurance company subject to approval by the COUNTY ' s risk <br /> manager in an amount not less than $3 ,000 ,000 combined single limit for bodily injury and property <br /> damage in accordance with the COUNTY ' s Administrative Policy Manual . The DEVELOPER shall <br /> ensure that, at least ten ( 10) days prior to the commencement of any work the selected contractor and any <br /> subcontractor provides to the COUNTY a certificate of business auto liability insurance with a reputable <br /> insurance company subject to approval by the COUNTY ' s risk manager in an amount not less than <br /> $3 ,000 , 000 per occurrence combined single limit for bodily injury and property damage in accordance <br /> with the COUNTY ' s Administrative Policy Manual . The commercial general liability and auto liability <br /> insurance 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 ( 10) days prior to the <br /> commencement of any work the selected contractor and any subcontractor provides to the COUNTY a <br /> certificate of worker ' s compensation insurance with a limit of $ 100 , 000 for each accident, $500 ,000 <br /> disease (policy limit) and $ 100,000 disease (each employee) in accordance with the COUNTY ' s <br /> Administrative Policy Manual . The DEVELOPER shall provide to the COUNTY at least thirty (30) days ' <br /> written notice by registered mail, return receipt requested, addressed to the COUNTY' s risk manager, prior <br /> to cancellation or modification of any required insurance . <br /> The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY ' s officers, <br /> Page 4 <br /> C:\D000MENTS AND SETTINGS\CAROLE\MY DOCUMENTS\MGB CONSTRUCTION\DEVELOPERS AGREEMENT 7-28-04.DOC <br />
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