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2005-186
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2005-186
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Last modified
7/20/2016 1:33:03 PM
Creation date
9/30/2015 8:48:42 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/24/2005
Control Number
2005-186
Agenda Item Number
11.I.6
Entity Name
County, Harbor Trade Centre, LLC
Wahoo Management Inc.
Subject
Harbor Trade Center
Tri-party Developers Agreement 45th St. Improvements
Area
45th St. east U.S 1
Project Number
2001060232
Supplemental fields
SmeadsoftID
4965
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the COUNTY, but not later than June 15 , 2005 , at a cost to the COUNTY of $ 10 . 00 per square foot or <br /> $ 149050 .00 . <br /> 5 . INSURANCE . The DEVELOPERS agree to obtain general liability insurance in an amount not less <br /> than One Million Dollars ($ 1 ,000 , 000 . 00) per occurrence, with a deductible not greeter than Ten <br /> Thousand Dollars ($ 10 , 000 . 00) or such other amount of coverage and deductible as nay be agreed by <br /> both parties . DEVELOPER shall require the contractors selected to construct the Road Project to <br /> obtain, maintain, and furnish to DEVELOPERS and COUNTY such other insurance as deemed <br /> necessary by DEVELOPERS . COUNTY shall be listed as an additional insured on E 11 such insurance <br /> policies, except workers ' compensation insurance . Such insurance policy shall be primary and <br /> noncontributory with any insurance of COUNTY. <br /> 6 , ACCESS AND ACCEPTANCE BY COUNTY. COUNTY hereby grants DEVELOPERS the right <br /> to enter on any land owned or on any right of way owned or controlled by the CO Y within the <br /> Road Project as depicted on Exhibit "C" . Prior to the issuance of a certificate of occupancy to <br /> DEVELOPERS for their respective properties, the Road Project shall be completed In a form <br /> acceptable to the COUNTY. Upon completion of construction of the Road Project a outlined in the <br /> Construction Plans , the DEVELOPERS agree to convey, and COUNTY hereby agrees to accept and <br /> maintain, the Road Project as specified in the Construction Plans together with any 1 andscaping <br /> required by the COUNTY as specified in the Construction Plans . The DEVELOPERS shall be <br /> responsible for any right-of--way permits necessary under this paragraph. The DEVELOPERS agree <br /> to warranty the physical improvements constituting the Road Project and any landscaping conveyed <br /> to COUNTY for a period of one ( 1 ) year from the date of conveyance . <br /> 7 . INDEMNITY. Each DEVELOPER shall defend, indemnify, and hold the COUNTI I harmless of and <br /> from any and all liens, claims, actions , loss, cause, damages , and/or expenses (including reasonable <br /> attorneys fees, and costs) arising out of or in any way related to the performance or nonperformance <br /> by a DEVELOPER or such DEVELOPER ' S agents, employees, contractors, subcontractors, or <br /> licensees under this Agreement. In respect to the Road Project, this indemnity shall survive the <br /> completion of the construction of the Road Project, but shall terminate upon acceptaoice of the Road <br /> Project by COUNTY. <br /> 8 . The DEVELOPERS shall be responsible for all construction coordination including advertisement for <br /> bids, contractor selection and construction inspections . <br /> 9 . No amendment, modification, change , or alteration of this Agreement shall be valid or binding unless <br /> accomplished in writing and executed by all of the parties hereto . <br /> 10 . This Agreement shall be binding upon the parties and shall inure to the benefit of tht parties hereto <br /> and their successors , and assigns . <br /> 3 <br />
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