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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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r <br /> the Road Project . The COUNTY shall be named as payee on the any such performance bond . <br /> The performance bonds shall be rated by Best ' s at no less than A+ 15 . <br /> 9. CONTRIBUTION BY THIRD PARTIES . SUNLAND and SERENOA agree <br /> that any monies contributed to the Parties for the construction of the Road Project and any other <br /> projects undertaken pursuant to this Agreement by the COUNTY or any other entity not a Party <br /> to this Agreement, including the State of Florida, shall be applied on a pro -rata basis towards the <br /> construction of such project . <br /> 10. ADMINISTRATION OF CONSTRUCTION CONTRACTS . SUNLAND <br /> shall administer the DEVELOPERS ' obligations under any contract entered into with a <br /> contractor for the construction of the Road Project or other projects undertaken pursuant to this <br /> Agreement. Both SERENOA and SUNLAND will be required to execute the contracts with the <br /> various firms retained to prepare the Construction Plans , the contractors, all change orders, and <br /> modifications . In addition, SERENOA hereby irrevocably gives SUNLAND the authority to <br /> approve all job requests , including the required documentation to be submitted in connection <br /> with such job requests , back charges, and other documents required by the contractors or <br /> COUNTY to be executed by the DEVELOPERS in connection with the construction of the Road <br /> Project or other projects undertaken pursuant to this Agreement . <br /> 11 . LITIGATION INVOLVING THE ROAD PROJECT OR PROJECTS . In the <br /> event of any litigation involving the Road Project or other projects undertaken pursuant to this <br /> Agreement, and including litigation with the contractors , any subcontractor, sub-subcontractor, <br /> or material men , the DEVELOPERS shall jointly select an attorney to represent them and shall <br /> equally share in the costs of prosecuting or defending any such litigation . <br /> 12 . INSURANCE . The DEVELOPERS agree to each obtain general liability <br /> insurance in an amount not less than One Million Dollars ($ 1 , 000 , 000 . 00) per occurrence , with a <br /> deductible not greater than Ten Thousand Dollars ($ 10 , 000 . 00) or such other amount of coverage <br /> and deductible as may be agreed by both parties . Each OWNER will be named as an additional <br /> insured on the other OWNERS ' general liability policy of insurance until the Road Project are <br /> accepted by the COUNTY . In addition, SUNLAND shall require the contractors selected to <br /> construct the Road Project and any projects undertaken pursuant to this Agreement to obtain, <br /> maintain , and furnish to DEVELOPERS and COUNTY such insurance as deemed necessary by <br /> SUNLAND . COUNTY shall be listed as an additional insured on all such insurance policies , <br /> except workers ' compensation insurance . Such insurance policy shall be primary and non- <br /> contributory with any insurance of COUNTY . <br /> 13 . ACCESS AND ACCEPTANCE BY COUNTY. COUNTY hereby grants <br /> DEVELOPERS the right to enter on any land owned or on any right of way owned or controlled <br /> by the COUNTY within the Road Project as depicted on Exhibit "C " . Prior to the issuance of a <br /> certificate of occupancy to SUNLAND or SERENOA for their respective properties , the Road <br /> Project shall be completed in a form acceptable to the COUNTY . Upon completion of <br /> construction of the Road Project as outlined in the Construction Plans , the DEVELOPERS agree <br /> to convey, and COUNTY hereby agrees to accept and maintain , the Road Project and any right <br /> of way created in conjunction therewith as specified in the Construction Plans together with any <br /> 4 of 9 <br />
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