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2006-125
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2006-125
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Last modified
7/26/2016 3:56:55 PM
Creation date
9/30/2015 9:39:22 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/11/2006
Control Number
2006-125
Agenda Item Number
11.J.1.
Entity Name
Hala A. Shalhoub
Subject
Off-Site Utilities for Dr. Shalhoub Office Building
Area
1302 River Reach Dr.
Supplemental fields
SmeadsoftID
5593
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15. Maintenance Bond : <br /> 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, <br /> issued by a reputable surety company authorized to do business in the State of Florida, for a period of one <br /> year after the COUNTY's acceptance of the improvements . The value of the Maintenance Bond shall be <br /> 25 percent of the total construction value of the utility improvements. At the COUNTY's sole discretion, <br /> the COUNTY may accept a Letter of Credit, drawn on a reputable financial institution located within 200 <br /> miles of Vero 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 <br /> to 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 <br /> the 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 <br /> agency (excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, or <br /> requires a material change in the system, then to the extent necessary and if possible, the parties agree to <br /> negotiate an amendment to the Agreement to reflect the change in condition. If the COUNTY determines <br /> that it is impossible or impracticable to perform under the terms of this Agreement because of the above, <br /> then this 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 <br /> and maintenance including but not limited to all FDEP regulations relating to bacteriological and <br /> hydrostatic 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 <br /> owners 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 <br /> laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such <br /> illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the <br /> remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by <br /> such illegal, 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 <br /> from the date of issuance . The County may terminate this Agreement early in its sole discretion if it <br /> determines that the development project intended to be served by the improvements is suspended or <br /> 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 /> F UTILITIES UTILITY � ENGINEERING PROJECTS - UTILITY CONSTRUCTION PERMITS SEBASTIAN - SHALHOUB WATER NUN EXTENSION UCP a505HALHOUB FINAL DEVELOPER E AGREEMENT <br /> AIARCII U. 3006.DOC I - - <br />
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