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2005-118
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2005-118
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Last modified
7/14/2016 1:41:39 PM
Creation date
9/30/2015 8:36:28 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/05/2005
Control Number
2005-118
Agenda Item Number
7.F.
Entity Name
Sunland Development, Inc.,
Serenoa LLC
Subject
Developers Agreement Road Construction
Area
5th St. SW Lexington Place
Supplemental fields
SmeadsoftID
4855
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give SERENOA the right to assume the management duties of SUNLAND under this section and <br /> any other management duties or rights accruing to SUNLAND under this Agreement, and upon <br /> such assumption SUNLAND will have been deemed to have given SERENOA such equivalent <br /> authorities as those originally granted by SERENOA to SUNLAND under this Agreement. <br /> 5 . COST OF CONSTRUCTION OF THE ROAD PROJECT. On behalf of both <br /> DEVELOPERS , SUNLAND shall seek bids from road construction contractors authorized to do <br /> business in Indian River County, Florida for the construction of the Road Project according to <br /> the Construction Plans . SUNLAND shall solicit a minimum of three (3 ) bids . The <br /> DEVELOPERS shall mutually agree upon the road contractor who is to be awarded the contract <br /> for the construction of the Road Project . SERENOA and SUNLAND agree to each pay fifty <br /> percent (50%) of the total construction cost of the Road Project . SUNLAND will invoice <br /> SERENOA at the end of every month which will be due on the 15th of the following month . <br /> 6 . HABITAT MITIGATION AND RESTORATION COSTS , The <br /> DEVELOPERS agree to undertake such habitat mitigation and restoration projects necessary to <br /> obtain development permits for the Road Project as set forth in the Construction Plans and other <br /> documents generated by regulatory agencies . On behalf of both DEVELOPERS , SUNLAND <br /> shall seek bids from contractors authorized to perform habitat mitigation and restoration in <br /> Indian River County, Florida for the construction of such habitat mitigation and restoration <br /> projects . SUNLAND shall solicit a minimum of three (3 ) bids . The DEVELOPERS shall <br /> mutually agree upon the contractor who is to be awarded the contract for the construction of such <br /> habitat mitigation and restoration projects . SUNLAND and SERENOA agree to each pay fifty <br /> percent ( 50%) of the total construction cost of these habitat mitigation and restoration projects , <br /> including, but not limited to , compliance costs, permitting costs , design costs , and construction <br /> costs . SUNLAND and SERENOA agree to each allow such habitat mitigation and restoration <br /> projects to be constructed on their individual properties , in such way as to incur the least overall <br /> cost to the DEVELOPERS , as set forth in the Construction Plans and other documents generated <br /> by regulatory agencies . Each Party may increase the amount of habitat mitigation and <br /> restoration on their individual property provided such Party pays for the increase in cost as a <br /> result of such increased habitat mitigation and restoration . Should the DEVELOPERS be <br /> required by any state or federal agencies to monitor, track, or maintain any of the habitat <br /> mitigation and restoration projects created in conjunction with this Agreement, SUNLAND and <br /> SERENOA agree to each pay fifty percent (50 %) of such costs for a period of five (5 ) years, <br /> after which each DEVELOPER agrees to pay one hundred percent ( 100%) of the costs of <br /> monitoring and maintenance of any habitat mitigation or restoration projects constructed on their <br /> individual properties . <br /> 7. STORMWATER AND DRAINAGE . SUNLAND and SERENOA agree that <br /> all stormwater from the Road Project will be diverted into individual storm water facilities as <br /> approved by the COUNTY on their respective individual properties . <br /> 8 . FINANCIAL ABILITY TO PERFORM OBLIGATIONS . Each <br /> DEVELOPER individually warrants that they are financially able to perform their obligations <br /> under this Agreement . Each DEVELOPER agrees to post a performance bond equal to 55 % of <br /> 3 of 9 <br />
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