HomeMy WebLinkAboutVenture Out NoticeVENTURE THREE
FORM 101
Revised 3 Mar 2020
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VENTURE HARBOUR INC.
VENTURE OUT AT INDIAN RIVER INC.
VENTURE OUT AT ST. LUCIE INC.
NOTICE
This form must be attached and made part of all drawings or plans regarding the installation, construction,
remodeling, setting or resetting of any permanent structure, concrete work, or any'other type of work that
may be effected by the rules, regulations and bylaws of any of the above associations.
This form shall also serve as notice to the owner or owners of Lot # r that the owner or owners
or their agents of Lot # i1 shall solely or jointly be responsible for the proper setting and
compliance of all rules, regulations and bylaws of any of the above associations, and the Codes, Laws,
Rules and Regulations pertaining to said work as set forth by St. Lucie County. This form does not
absolve the OWNER(s) of the need'to,ob'tain any necessary St Lucie County permits, PRIOR to
start of work.
The owner (s) or their agents, by signing this form, shall hold harmless any of the above associations, its
officers, directors and committee personnel as pertains to its and their duties and responsibilities as the
administration of said work. The OWNER (s) or their agents are also responsible to ensure their
contractor(s) abides by the rules set forth in Appendix A of this form.
Sa d$L ork i_s approved a's per th'e�drmeris ons howrilorrr at ached plamor�driawri g,
Scope of Work (attach drawings)
Date Submitted to Association: _
Association Building Conunittee: Vtia�^'u
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By: Print &
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Owner, Owners, or Agent for Lot #_ Q Phone:
By: Print & Sign_ &/' gtht •, t�_ Cry � ,� t , , '� Date: /
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By: Print & Sign
Date:
By: Print & Sign
Date:
V3 Form 101_Mar 2020 Page 1
.~ . VENTURE THREE
FORM 101
ReN iced 1 Tear 2020
INDEMNIFICATION AGREEMENT
For Lot # f'
This Indemnification Agreement is made and entered into by and between the
OWNER, this BUILDER and VENTURE III, INC., including its constituent components of
Venture Out at St. Lucie, Inc., Venture Out at Indian River, Inc., and Venture Harbor
(collectively hereinafter referred to as "Venture III").
WITNESETH
WHEREAS, Builder is making certain improvements to the job site owned by
Owner and located within the community served by Venture III; and
WHEREAS, as a result of the construction activities, Builder will be using some
of the common facilities owned and maintained by Venture III, including, without limitation, the
roads and water and sewer lines (collectively the "Common Facilities"); and
WHEREAS, Venture III, as a condition of allowing Builder to use the Common
Facilities, requires Builder and Owner to indemnify them for any damage to the Common
Facilities caused by Builder or Builder's agents.
THE parties agree as follows:
1. Damage, Duty to Repair Builder agrees that in the event Builder, any agent,
subagent, subcontract or, materialman, guest, servant, employee, or independent contractor
working for Builder (collectively `Builder's Agents") cause any damage to the Common
Facilities, Builder agrees that within 21 days of notice from Venture III, Builder shall completely
repair any damage to the Common Facilities caused by Builder or Builder's Agents, provided,
however, in the case of any damages to utility lines, such damages shall be repaired immediately
based upon a telephone call.
2• Indemnification. Builder hereby agrees to irrevocably indemnify, save harmless
and pay to Venture III, and/or Owner, against any loss, cost, damage or liability arising directly
or indirectly out of Builder's use of the Common Facilities. The indemnification and obligation
to pay shall include all expenses, including attorneys' fees at trial or on appeal, judgments, fines,
loss, damage or liability whatsoever.
3. Engagement of Counsel Venture III shall have the right to engage its own
counsel to defend any claim or action or threatened claim or action for which indemnification,
save harmless and obligation to pay is covered by paragraph 2 above.
4. Indemnification Not Exclusive. The indemnification provided hereunder shall
not be deemed as exclusive of any rights to which Venture III may be entitled under any statute,
V3 Form 101 Mar 2020
— Page 2
VENTURE THREE
FORM 101
Revised 1 Mar 2020
rule of law, regulation or any theory, of law. Where any other remedy provides broader rights of
indemnification than the rights provided herein, the other remedies shall control.
5. Miscellaneous.
Amendment. This Agreement may not be altered, changed or amended except by
an instrument in writing signed by the parties hereto.
Venue and Jurisdiction. This Agreement shall be governed by and construed
under the laws of the State of Florida, and venue for any litigations shall lie in St. Lucie County,
Florida.
Attorneys' Fees. In connection with any litigation arising out of this Agreement,
the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including
paralegal charges.
V3 Form 101_Mar 2020 Page 3