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2006-293A
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2006-293A
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Last modified
8/25/2016 1:59:25 PM
Creation date
9/30/2015 9:59:13 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
08/22/2006
Control Number
2006-293A
Agenda Item Number
Administrators signature
Entity Name
Westfield of Vero Development Company
Subject
construction of sidewalk improvements -Westfield Subdivision
Project Number
SD-03-11-26-SIDE
Supplemental fields
SmeadsoftID
5791
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Developer shall remain responsible for utility meter boxes , sewer clean <br /> outs, and drainage culvert Inverts , to be in good repair, accessible, correctly plumbed, <br /> and not covered with topsoil, concrete or Impervious material for the 3-year <br /> maintenance period commencing after County issuance of a Certificate of Completion . <br /> Notice of this ongoing responsibility shall be provided by Developer to any subsequent <br /> builder/homeowner. <br /> Satisfactory completion in accordance with the land development permit, <br /> plans , specifications, and ordinance requirements of Indian River County shall be <br /> determined by the County and shall be indicated by specific written approval of the <br /> Public Works Director or his designated representative, after receipt of a signed and <br /> sealed Certificate of Completion from the project engineer of record . <br /> 6 . In the event the Developer shall fail or neglect to fulfill Its <br /> obligations under this contract and as required by the Indian River County Code, the <br /> Developer, as principal, and the letter(s) of credit shall be jointly and severally liable to <br /> pay for the cost of construction and Installment of the required improvements to the final <br /> total cost, including but not limited to engineering , construction , legal and contingent <br /> costs , Including reasonable attorney's fees Incurred by the County, together with any <br /> damages, either direct or consequential , which the County may sustain as a result of <br /> the failure of Developer to carry out and execute all provisions of this contract and <br /> applicable ordinances of the County. In no event, however shall the liability of the <br /> underwriting bank under this paragraph exceed the total amount of the original <br /> obligation stated in the letter(s) of credit, less any approved reductions thereto. <br /> 7. The parties agree that the County at Its option shall have the right, <br /> but not the obligation, to construct and install or, pursuant to receipt of competitive bids , <br /> cause to be constructed and Installed the required improvements in the event <br /> Developer shall fail or refuse to do so in accordance with the terms of this contract. <br /> Developer expressly agrees that the County may demand and draw upon the existing <br /> letter(s) of credit for the final total cost of the improvements. Developer shall remain <br /> wholly liable for any resulting deficiency, should the latter(s) of credit be exhausted prlor <br /> to completion of the required improvements. In no event shall the County be obligated <br /> to expend public funds, or any funds other than those provided by the Developer, or the <br /> underwriting bank to construct the required improvements . <br /> S . Any letter(s) of credit provided to the County by Developer with <br /> respect to this contract shall exist solely for the use and benefit of the County and shall <br /> not be construed or intended in any way, expressly or impliedly, to benefit or secure <br /> payment to any subcontractor, laborer, materialman or other party providing labor, <br /> material , supplies, or services for construction of the required improvements, or to <br /> benefit any lot purchaser(s), unless the County shall agree otherwise in writing . <br /> 9 . This agreement is the full and complete understanding of the <br /> parties and shall not be construed or amplified by reference to any other agreement, <br /> discussion , or understanding, whether written or oral , except as specifically mentioned <br /> 3 <br /> F:4AttomeyWancy\DocS\PLANlwwtfiald k for con.doo <br /> 08 /03 / 2006 TSU 9 : 37 [ JOB N0 . 78291 Z D0 . <br />
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