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HomeMy WebLinkAboutVenture Out NoticeVENTURE THREE FORM 101 Revised 3 Mar 2020 ;�00�-o 3 1 (� 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 By: Print & By: Print & By: Print & Sign L ; j-A l° ,,,��) 9 Fate: �' N Date: 3 0*) Date: 7 Owner, Owners, or Agent for Lot #_ Q Phone: By: Print & Sign_ &/' gtht •, t�_ Cry � ,� t , , '� Date: / w 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