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2006-300
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2006-300
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Last modified
8/25/2016 3:10:49 PM
Creation date
9/30/2015 10:00:20 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/05/2006
Control Number
2006-300
Agenda Item Number
11.J.1.
Entity Name
Highpointe, LLC
Subject
Off-site utitlities for High Pointe Subdivision
Supplemental fields
SmeadsoftID
5804
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standard form, drawn and payable by a financial institution located within Florida. The value of the <br /> maintenance security shall be twenty-five percent (25%) of the total construction value of the utility <br /> improvements as certified by the Developer's licensed engineer and approved in writing by the County. <br /> 15 . 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 /> 16 . 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 /> 17 . 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 /> 18 . 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 /> 19. 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 /> 20. 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 6 - <br /> 1`V4 87AM6FIIRENDPD:NIGH POINDDOCUA SV.ETTERSA FA M7-13L SYEARAGREF W - DEVELOPERSAGRF.EM - DEVELOPWW OF OFF-SITEG711TIESREV., I.W1 COUNTY <br /> STANDARD WITH PAY NT WNDDBMANO STA ,D <br />
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