2007-044 - Laserfiche WebLink

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B . 6- inch Diameter Master Planned Force Main along 37'h Street from 58'h Avenue to Vero Village' s west property line: The DEVELOPER shall furnish and install 4,000 LF of 6" force main from 58'h Avenue to the site ' s western property line. Reimbursement: 1 . Master Planned Force Main The COUNTY shall reimburse the DEV ELOPER based on an itemized invoice ofthe installed material on a complete basis after the above-referenced facilities are dedicated to and accepted by the COUNTY. The COUNTY ' S reimbursement for the 2, 640 LF of master planned force main shall be in the form of chA from the COUNTY, and shall not exceed the amount of $ 71 ,636. 75 (see attached Exhibit C). 2. Non-Master Planned Force Main The COUNTY shall reimburse the DEVELOPER for the 1 ,340 LF of non-master planned force main based on an itemized invoice of the installed material 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 property area (acreage) (See Exhibit E), and paid to the DEVELOPER after the other properties pay their fair share. The COUNTY will act as a pass-through agent. The COUNTY ' s obligation to make reimbursement to DEVELOPER shall expire five (5) years from the date of this Agreement. Reimbursement for the non-master planned force main shall be in the form of check from the COUNTY, and shall not exceed the amount of $ 18,501 .32 (see attached Exhibit C). 2 . Amendment: This Agreement may be modified only by a written instrument executed by all 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. Authoritv : 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 are 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 Page 2 of 7