2008-324 - Laserfiche WebLink

Home Browse Search

compacting the material after it is placed on the sites. The County makes no warranty or guarantee that the excavated material is suitable to be used as construction grade fill material. Credit Union and Elwill shall have the right to test/review material to be excavated as to its suitability and refuse such material if deemed unsuitable. Credit Union and Elwill shall be responsible for such testing. Credit Union and Elwill maw employ a surveyor/engineer to oversee the placement and spreading of the excavated material up to approximate elevation 24.0. Following completion of the placement of fill, Credit Union and Elwill shall comply with any St. Johns River Water management District Requirements for erosion control. 4) The COUNTY shall be responsible for the construction of the retention pond, installation of pipes and Oslo Road widening and improvements including advertisement for bids, contractor selection and construction inspection. 5) The Parties agree to use their best efforts to coordinate the planning, design, engineering, permitting and construction of the pond and spreading of the excavated material. Each Party shall obtain any permits necessary for their own properties and projects. The Parties also agree to use their best efforts to accommodate the timing of each other's projects with respect to construction of the pond and spreading the excavated fill material. The Project site may be cleared by the Parties and the County may begin placing fill on the Project site prior to site plan release so long as the County has approved the stormwater plans for the Project and the County has received a notice of "No Objection" from the St. John's River Water Management District concerning the stormwater plans. 6) In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs. 7) No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto. 8) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 9) This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any party hereto. 10) This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian k3