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2007-044
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2007-044
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Last modified
5/3/2016 2:26:35 PM
Creation date
9/30/2015 10:34:25 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/06/2007
Control Number
2007-044
Agenda Item Number
11.J.4
Entity Name
Vero Village, LLC
Subject
Off-Site Utilities 37th St. between 58th and 66th Ave.
Area
6355-6375 37th St. Oak Chase Subdivision
Project Number
06-398
Supplemental fields
SmeadsoftID
6112
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Division, and to make a written recommendation to the County ' s Department of Utility Services for award <br /> of the bid to a licensed and qualified utility contractor. The term 'qualified" shall be as determined by the <br /> County. The COUNTY ' s reimbursement of construction costs to the DEVELOPER shall be conditioned <br /> upon the approval of all project costs by the County' s Department of Utility Services. Bid proposals and <br /> engineering costs related to the work described herein shall be subject to prior approval by County ' s <br /> Department of Utility Services. The DEVELOPER shall not commence work unless the County ' s <br /> Department of Utility Services provides written approval of the final construction cost and the final project <br /> cost. The COUNTY may require redesign and/or re-bid if; in the COUNTY ' s sole discretion, project costs <br /> significantly exceed those contained in Exhibits `B" and "C". <br /> 6. Captions : <br /> Captions, if included, in this Agreement are included for convenience only and are not to be considered in <br /> any construction or interpretation of this Agreement or any of its provisions . <br /> 7. Construction Plans. Technical Specifications and Contract Documents : <br /> The DEVELOPER agrees to complete a final set of construction drawings and make submission for a <br /> Utilities Construction Permit to the Indian River County Utilities Department and Florida Department of <br /> Environmental Protection (FDEP). The DEVELOPER shall not commence construction until all permits <br /> are approved and obtained . <br /> 8 . Definition <br /> All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the <br /> identity of the party or parties may require. <br /> 9. DEVELOPER' s Obligations : <br /> The DEVELOPER shall prepare at its own expense, plans, specifications, Agreement, advertisement, <br /> general conditions, hereinafter referred to as the "contract documents", for the lines and facilities necessary <br /> to deliver the water and wastewater utilities from the COUNTY ' S facilities. All plans and specifications <br /> shall be subject to the COUNTY' s approval prior to the DEVELOPER' s application . The DEVELOPER <br /> shall be responsible for all costs associated with the design, permitting and construction of the offsite <br /> facilities (which includes but is not limited to transmission lines, valves, fittings, hydrants, meters, and <br /> associated appurtenances) whether designed , permitted or constructed by the DEVELOPER or the <br /> COUNTY. <br /> The design, permitting, construction, operation and maintenance of all on-site water and wastewater <br /> utilities which is on or solely dedicated to the DEVELOPER' s property (including but not limited to water <br /> meter, transmission lines, pumps, valves, storage facilities, etc.) shall be the DEVELOPER' s responsibility <br /> and expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review <br /> and approval . <br /> The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER' s side of the <br /> water meter, however the DEVELOPER shall not be deemed to own the water, and the transfer or sale of <br /> water by the DEVELOPER is prohibited. <br /> The DEVELOPER may not transfer or sell water or wastewater capacity to any parry for use off-site of the <br /> property . <br /> Page 3 of 7 <br />
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