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2004-283
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2004-283
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Last modified
9/30/2016 1:41:07 PM
Creation date
9/30/2015 8:25:09 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/09/2004
Control Number
2004-283
Agenda Item Number
11.J.3
Entity Name
Indian River Associates II,LLLP
Subject
Off-Site Utilities Construction Falcon Trace
Area
2105 20th Ave. SW
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4728
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the date of this Agreement. The DEVELOPER ' S share for this portion is tabulated below : <br /> Frontage Total Frontage Costper Front Footage ($/ ft. ) Developer Cost <br /> 21570 21570 $ 15 . 77 $407529 <br /> 2 . Amendment : <br /> This Agreement may be modified only by a written instrument executed by all parties to the Agreement. <br /> 3 . Assignability: <br /> Either party may assign this Agreement. However, the rights granted herein shall run with the land and are <br /> not the personal property of the DEVELOPER. Therefore , while the DEVELOPER has the right under <br /> this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall <br /> not have the right to transfer these rights to another property unless this Agreement is amended in writing <br /> by the assignee and the COUNTY . <br /> 4 . Authority: <br /> Each party hereto represents and warrants to the other that the execution of this Agreement and any other <br /> documents required or necessary to be executed pursuant to the provisions hereof are valid, binding <br /> obligations and are enforceable in accordance with their terms . <br /> 5 . Bidding and Award: <br /> The DEVELOPER shall use the County' s public competitive bid process for all off-site utilities to be <br /> constructed under this Agreement, and Developer further agrees fully and timely to cooperate with the <br /> COUNTY in the public competitive bidding of the construction of off-site utilities described in this <br /> Agreement. The DEVELOPER shall timely provide the Indian River County Purchasing Division with <br /> sufficient information, including, without limitation, the nature of the project, where the plans may be <br /> purchased, the purchase price of the plans in an amount not to exceed One Hundred Dollars ($ 100 . 00), the <br /> proposed date of bid opening, and all other necessary and required competitive bid details to ensure <br /> sufficient public notice of the construction of off-site utilities described in this Agreement to enable the <br /> COUNTY to post a notice on DemandStar. The DEVELOPER agrees that the Indian River County <br /> Purchasing Division shall conduct the public competitive bid process for the construction of off-site <br /> utilities described in this Agreement to obtain bona fide bids from licensed and qualified utility <br /> contractors , and such bids to be publicly opened and read aloud. The DEVELOPER shall cause the <br /> DEVELOPER ' s consulting engineer to review the bids received by the Indian River County Purchasing <br /> Division, and to make a written recommendation to the County ' s Department of Utility Services for award <br /> of the bid to a licensed and qualified utility contractor. The term "qualified" shall be as determined by the <br /> County. The COUNTY ' S reimbursement of construction costs to the DEVELOPER shall be conditioned <br /> upon the approval of all project costs by the County ' s Department of Utility Services . Bid proposals and <br /> engineering costs related to the work described herein shall be subject to prior approval by County' s <br /> Department of Utility Services . The DEVELOPER shall not, commence work unless the County ' s <br /> Department of Utility Services provides written approval of the final construction cost and the final project <br /> cost . The COUNTY may require redesign and/or re-bid if, in the COUNTY ' S sole discretion, project costs <br /> significantly exceed those contained in Exhibit "C " Items A, B , and C on pages 11 , 12 and 13 of this <br /> agreement. <br /> HIFALCON TRAMUTE.ITY AGREEMENT REVISED V9.DOC . 3 - <br />
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