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2003-109
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2003-109
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Last modified
10/13/2016 4:21:22 PM
Creation date
9/30/2015 6:30:20 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/06/2003
Control Number
2003-109
Agenda Item Number
11.H.1.
Entity Name
Atlantic Coast Construction & Development, Inc.
Subject
providing water and wastewater facilities
Area
Tropical Isle/Park Lake Estates - 8730 US Hwy 1
Archived Roll/Disk#
3161
Supplemental fields
SmeadsoftID
3234
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subject property . If, through no fault of the parties involved, any federal, state or local government or agency <br /> (excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, or requires a <br /> material change in the system, then to the extent necessary and if possible, the parties agree to negotiate an <br /> amendment to the Agreement to reflect the change in condition. If the COUNTY determines that it is <br /> impossible or impracticable to perform under the terms of this Agreement because of the above, then this <br /> 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 and <br /> maintenance including but not limited to all FDEP regulations relating to bacteriological and hydrostatic <br /> 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 owners <br /> of the property for the term of this Agreement. The DEVELOPER shall pay for all recording cost. <br /> 19 . Severabilitv / Invalid Provision : <br /> If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws, <br /> such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, <br /> invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining <br /> provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal , <br /> 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 from <br /> the date of issuance. The County may terminate this Agreement early in its sole discretion if it determines <br /> that the development project intended to be served by the improvements is suspended or 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 /> Florida, then, in such event, the time of such period shall be extended to the next day which is not a Saturday, <br /> Sunday or legal holiday. <br /> Page 5 <br /> l'JESSICAC\DOCUMENTS AND SE'CIPiGSIBYRNEl01\MY DOCUMUNPS1MY DOCUMENTSISPECSIDEVEL AGREE'02-121B DEVEL SEWER.DOC <br />
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