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2006-107B
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2006-107B
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Last modified
8/10/2016 10:42:17 AM
Creation date
9/30/2015 9:37:29 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
04/04/2006
Control Number
2006-107B
Agenda Item Number
7. P. B.
Entity Name
Serenoa LLC
Subject
Serenoa Phase I-construction of required improvments
Project Number
SD-03-06-17-CFC (98110046-52519)
Supplemental fields
SmeadsoftID
5571
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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 letter(s) of credit be exhausted prior <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 />8. 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:Wttorney\Nancy\DOCS\FORMS�serenoa k for con w loc.doc <br />
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