Common use of Roadway Drainage Facilities Clause in Contracts

Roadway Drainage Facilities. Roadway drainage facilities, either onsite or offsite, if not commingled or combined with drainage facilities for the Project or any other facilities or developments along the routes of the Roadway Improvements, shall be owned, operated and maintained by the County or FDOT, as applicable, subsequent to the expiration of the one (1) year maintenance guarantee period as set forth herein, and shall be designed, permitted and constructed in accordance with Paragraph 4.g., above. If the drainage facilities for the Roadway Improvements are commingled or combined with drainage facilities of the Project or any other facilities or developments along the route of the Roadway Improvements, all such drainage facilities shall remain owned by the underlying landowner (including the Developer where applicable), and operation and maintenance of same shall be the responsibility of the respective underlying landowner, or another County-approved responsible entity designated by such owner (e.g., homeowner's association, property owner's association, or community development district). The underlying landowner shall be responsible for the design, permitting and construction of all such commingled or combined drainage facilities in accordance with Paragraph 4.g., above, unless otherwise approved by the County or unless the Developer elects to be responsible, in which event approval by the County shall not be required. Appropriate easements to the County and/or FDOT, as applicable, shall be provided on all lands owned by the Developer with respect to the Roadway Improvements, so that the County and/or FDOT has the ability to maintain the facilities associated with the Roadway Improvements in the event the Developer defaults on its obligation to maintain the facilities. The County and/or FDOT, as applicable, shall determine whether roadway drainage facilities may be commingled or combined in accordance with this paragraph; provided, however, roadway drainage facilities shall not be commingled or combined for S.R. 56 unless specifically approved by FDOT.

Roadway Drainage Facilities. Roadway drainage facilities, either onsite on-site or offsiteoff- site, if not commingled or combined with drainage facilities for the Project or any other facilities or developments along the routes route of the Required Roadway Improvements, Improvements shall be owned, operated operated, and maintained by the County FDOT or FDOT, COUNTY as applicable, subsequent to the expiration of the one (1) year maintenance guarantee Maintenance Guarantee period as set forth herein. The DEVELOPER may, and however, request of the COUNTY that the DEVELOPER, Community Development District (CDD), or other legal entity as may be approved by the COUNTY, be allowed to maintain these facilities for the COUNTY roadways. If such request is granted, the DEVELOPER or CDD, as applicable, shall be designedprovide appropriate easements to the COUNTY so that the COUNTY has the ability to maintain the facilities in the event the DEVELOPER or CDD, permitted and constructed in accordance with Paragraph 4.g.as applicable, abovedefaults on its obligations to maintain the facilities. If the Required Roadway Improvements drainage facilities for the Roadway Improvements are commingled or combined with drainage facilities of the Project or any other facilities or developments along the route of the Required Roadway Improvements, all such drainage facilities shall remain owned by the underlying landowner (land owner, including the Developer DEVELOPER where applicable), and operation and maintenance of the same shall be the responsibility of the respective underlying landowner, or another County-approved responsible entity designated by such land owner (e.g., homeowner's association, property owner's association, CDD or community development districtother similar legal entity as may be approved by the COUNTY). The underlying landowner (CDD or other similar legal entity as may be approved by the COUNTY) shall be responsible for the design, permitting permitting, and construction of all such commingled or combined drainage facilities in accordance with Paragraph 4.g., abovefacilities, unless otherwise approved by the County or unless the Developer elects to be responsible, in which event approval by the County shall not be requiredCOUNTY. Appropriate easements to the County and/or FDOTFDOT or COUNTY, as applicable, shall be provided on all lands owned by the Developer with respect to DEVELOPER and shall be obtained from all other underlying land owners, by condemnation if necessary, of land containing drainage facilities serving the Required Roadway Improvements, including those facilities that are commingled or combined, so that the County and/or FDOT or COUNTY has the ability to maintain the facilities associated with the Required Roadway Improvements in the event the Developer defaults DEVELOPER or other respective underlying land owners default on its (their) obligation to maintain the facilities. The County and/or FDOT, as applicable, shall determine whether roadway Commingling or combining of drainage facilities may be commingled or combined in accordance with this paragraph; provided, however, roadway drainage facilities for the S.R. 54 Improvement Pipeline Projects shall not be commingled or combined for S.R. 56 allowed unless specifically approved in writing by the FDOT.

Roadway Drainage Facilities. Roadway drainage facilities, either onsite on-site or offsiteoff- site, if not commingled or combined with drainage facilities for the Project or any other facilities or developments along the routes route of the Roadway Improvements, Improvements shall be owned, operated operated, and maintained by the County or FDOT, as applicable, subsequent to the expiration of the one three (13) year maintenance guarantee Defect Guarantee period as set forth herein. Developer may, and however, request of the County that Developer, Community Development District (CDD), or other legal entity as may be approved by the County, be allowed to maintain these facilities for the County roadways. If such request is granted, Developer or CDD, as applicable, shall be designedprovide appropriate easements to the County so that the County has the ability to maintain the facilities in the event Developer or CDD, permitted and constructed in accordance with Paragraph 4.g.as applicable, abovedefaults on its obligations to maintain the facilities. If the Roadway Improvements drainage facilities for the Roadway Improvements are commingled or combined with drainage facilities of the Project or any other facilities or developments along the route of the Roadway Improvements, all such drainage facilities shall remain owned by the underlying landowner (land owner, including the Developer where applicable), and operation and maintenance of the same shall be the responsibility of the respective underlying landowner, or another County-approved responsible entity designated by such land owner (e.g., homeowner's association, property owner's association, CDD or community development districtother similar legal entity as may be approved by the County). The underlying landowner (CDD or other similar legal entity as may be approved by the County) shall be responsible for the design, permitting permitting, and construction of all such commingled or combined drainage facilities in accordance with Paragraph 4.g., abovefacilities, unless otherwise approved by the County or unless the Developer elects to be responsible, in which event approval by the County shall not be requiredCounty. Appropriate easements to the County and/or FDOTCounty, as applicable, shall be provided on all lands owned by Developer and shall be obtained from all other underlying land owners, by condemnation if necessary (subject to the Developer with respect to provisions hereof concerning the awarding of the TDF Credits), of land containing drainage facilities serving the Roadway Improvements, including those facilities that are commingled or combined, so that the County and/or FDOT has the ability to maintain the facilities associated with the Roadway Improvements in the event the Developer defaults or other respective underlying land owners default on its (their) obligation to maintain the facilities. The County and/or FDOT, as applicable, shall determine whether roadway drainage facilities may be commingled or combined in accordance with this paragraph; provided, however, roadway drainage facilities shall not be commingled or combined for S.R. 56 unless specifically approved by FDOT.

Roadway Drainage Facilities. Roadway drainage facilities, either onsite on-site or offsiteoff- site, if not commingled or combined with drainage facilities for the Project or any other facilities or developments along the routes route of the Required Roadway Improvements, Improvements shall be owned, operated operated, and maintained by the County FDOT or FDOT, COUNTY as applicable, subsequent to the expiration of the one (1) year maintenance guarantee Maintenance Guarantee period as set forth herein. The DEVELOPER may, and however, request of the COUNTY that the DEVELOPER, Community Development District (CDD), or other legal entity as may be approved by the COUNTY, be allowed to maintain these facilities for the COUNTY roadways. If such request is granted, the DEVELOPER or CDD, as applicable, shall be designedprovide appropriate easements to the COUNTY so that the COUNTY has the ability to maintain the facilities in the event the DEVELOPER or CDD, permitted and constructed in accordance with Paragraph 4.g.as applicable, abovedefaults on its obligations to maintain the facilities. If the Required Roadway Improvements drainage facilities for the Roadway Improvements are commingled or combined with drainage facilities of the Project or any other facilities or developments along the route of the Required Roadway Improvements, all such drainage facilities shall remain owned by the underlying landowner (land owner, including the Developer DEVELOPER where applicable), and operation and maintenance of the same shall be the responsibility of the respective underlying landowner, or another County-approved responsible entity designated by such land owner (e.g., homeowner's association, property owner's association, CDD or community development districtother similar legal entity as may be approved by the COUNTY). The underlying landowner (CDD or other similar legal entity as may be approved by the COUNTY) shall be responsible for the design, permitting permitting, and construction of all such commingled or combined drainage facilities in accordance with Paragraph 4.g., abovefacilities, unless otherwise approved by the County or unless the Developer elects to be responsible, in which event approval by the County shall not be requiredCOUNTY. Appropriate easements to the County and/or FDOTFDOT or COUNTY, as applicable, shall be provided on all lands owned by the Developer with respect to DEVELOPER and shall be obtained from all other underlying land owners, by condemnation if necessary, of land containing drainage facilities serving the Required Roadway Improvements, including those facilities that are commingled or combined, so that the County and/or FDOT or COUNTY has the ability to maintain the facilities associated with the Required Roadway Improvements in the event the Developer defaults DEVELOPER or other respective underlying land owners default on its (their) obligation to maintain the facilities. The County and/or FDOT, as applicable, shall determine whether roadway Commingling or combining of drainage facilities may be commingled or combined in accordance with this paragraph; provided, however, roadway drainage facilities for the U.S. Highway 19 Pipeline Projects shall not be commingled or combined for S.R. 56 allowed unless specifically approved in writing by the FDOT.

Roadway Drainage Facilities. Roadway drainage facilities, either onsite on-site or offsiteoff- site, if not commingled or combined with drainage facilities for the Project or any other facilities or developments along the routes route of the Required Roadway Improvements, shall be owned, operated operated, and maintained by the County or FDOT, as applicableCOUNTY, subsequent to the expiration of the one (1) year maintenance guarantee Maintenance Guarantee period as set forth herein. The DEVELOPER may, and however, request of the COUNTY that the DEVELOPER, Community Development District (CDD), or other legal entity as may be approved by the COUNTY be allowed to maintain these facilities for the COUNTY roadways. If such request is granted, the DEVELOPER or CDD, as applicable, shall be designedprovide appropriate easements to the COUNTY so that the COUNTY has the ability to maintain the facilities in the event the DEVELOPER or CDD, permitted and constructed in accordance with Paragraph 4.g.as applicable, abovedefaults on its obligations to maintain the facilities. If the Required Roadway Improvements drainage facilities for the Roadway Improvements are commingled or combined with drainage facilities of the Project or any other facilities or developments along the route of the Required Roadway Improvements, all such drainage facilities shall remain owned by the underlying landowner (land owner, including the Developer DEVELOPER, where applicable), and operation and maintenance of the same shall be the responsibility of the respective underlying landowner, or another County-approved responsible entity designated by such land owner (e.g., homeowner's association, property owner's association, CDD or community development districtother similar legal entity as may be approved by the COUNTY). The underlying landowner (CDD or other similar legal entity as may be approved by the COUNTY) shall be responsible for the design, permitting permitting, and construction of all such commingled or combined drainage facilities in accordance with Paragraph 4.g., abovefacilities, unless otherwise approved by the County or unless the Developer elects to be responsible, in which event approval by the County shall not be requiredCOUNTY. Appropriate easements to the County and/or FDOT, as applicable, COUNTY shall be provided on all lands owned by the Developer with respect to DEVELOPER and shall be obtained from all other underlying land owners, by condemnation if necessary, of land containing drainage facilities serving the Required Roadway Improvements, including those facilities that are commingled or combined, so that the County and/or FDOT COUNTY has the ability to maintain the facilities associated with the Required Roadway Improvements in the event the Developer defaults DEVELOPER or other respective underlying land owners default on its (their) obligation to maintain the facilities. The County and/or FDOT, as applicable, shall determine whether roadway Commingling or combining of drainage facilities may be commingled or combined in accordance with this paragraph; provided, however, roadway drainage facilities for the Required Roadway Improvements shall not be commingled or combined for S.R. 56 allowed unless specifically approved in writing by FDOTthe COUNTY.

Roadway Drainage Facilities. Roadway drainage facilities, either onsite on-site or offsiteoff-site, if not commingled or combined with drainage facilities for the Project or any other facilities or developments along the routes route of the Required Roadway Improvements, Improvements shall be owned, operated operated, and maintained by the County FDOT or FDOT, the COUNTYCounty as applicable, subsequent to the expiration of the one onethree (113) year maintenance guarantee Maintenance Guarantee period as set forth herein. The DEVELOPERDeveloper may, and however, request of the COUNTYCounty that the DEVELOPERDeveloper, Community Development District (CDD), or other legal entity as may be approved by the COUNTYCounty, be allowed to maintain these facilities for the COUNTYCounty roadways. If such request is granted, the DEVELOPERDeveloper or CDD, as applicable, shall be designedprovide appropriate easements to the COUNTYCounty so that the COUNTYCounty has the ability to maintain the facilities in the event the DEVELOPERDeveloper or CDD, permitted and constructed in accordance with Paragraph 4.g.as applicable, abovedefaults on its obligations to maintain the facilities. If the Required Roadway Improvements drainage facilities for the Roadway Improvements are commingled or combined with drainage facilities of the Project or any other facilities or developments along the route of the Required Roadway Improvements, all such drainage facilities shall remain owned by the underlying landowner (land owner, including the Developer DEVELOPERDeveloper where applicable), and operation and maintenance of the same shall be the responsibility of the respective underlying landowner, or another County-approved responsible entity designated by such land owner (e.g., homeowner's association, property owner's association, or community development districtCDD or other similar legal entity as may be approved by the COUNTYCounty). The underlying landowner (or CDD or other similar legal entity as may be approved by the COUNTYCounty) shall be responsible for the design, permitting permitting, and construction of all such commingled or combined drainage facilities in accordance with Paragraph 4.g., abovefacilities, unless otherwise approved by the County or unless the Developer elects to be responsible, in which event approval by the County shall not be requiredCOUNTYCounty. Appropriate easements to the County and/or FDOTFDOT or the COUNTYCounty, as applicable, shall be provided on all lands owned by the Developer with respect to DEVELOPERDeveloper and shall be obtained from all other underlying land owners, by condemnation if necessary, of land containing drainage facilities serving the Required Roadway Improvements, including those facilities that are commingled or combined, so that the County and/or FDOT or COUNTYCounty has the ability to maintain the facilities associated with the Required Roadway Improvements in the event the Developer defaults DEVELOPERDeveloper or other respective underlying land owners default on its (their) obligation to maintain the facilities. The County shall cooperate with the efforts of the Developer and/or the Parcel B landowner to obtain the FDOT, as applicable, shall determine whether roadway 's approval for such landowner to retain ownership of any drainage facilities may be commingled or combined located within Parcel B, together with the right of such landowner to aesthetically improve and maintain such drainage facilities, provided that an easement is granted to the FDOT in accordance with the other terms of this paragraph; provided, however, roadway . Commingling or combining of drainage facilities for the S.R. 54-Rrelated Required Roadway Improvements shall not be commingled or combined for S.R. 56 allowed unless specifically approved in writing by the FDOT.

Roadway Drainage Facilities. Roadway drainage facilities, either onsite on-site or offsiteoff- site, if not commingled or combined with drainage facilities for the Project or any other facilities or developments along the routes route of the Required Roadway Improvements, Improvements shall be owned, operated operated, and maintained by the County FDOT or FDOT, the COUNTY as applicable, subsequent to the expiration of the one (1) year maintenance guarantee Maintenance Guarantee period as set forth herein. The DEVELOPER may, and however, request of the COUNTY that the DEVELOPERDeveloper, Community Development District (CDD), or other legal entity as may be approved by the COUNTYCounty, be allowed to maintain these facilities for the COUNTYCounty roadways. If such request is granted, the DEVELOPERDeveloper or CDD, as applicable, shall be designedprovide appropriate easements to the COUNTYCounty so that the COUNTYCounty has the ability to maintain the facilities in the event the DEVELOPERDeveloper or CDD, permitted and constructed in accordance with Paragraph 4.g.as applicable, abovedefaults on its obligations to maintain the facilities. If the Required Roadway Improvements drainage facilities for the Roadway Improvements are commingled or combined with drainage facilities of the Project or any other facilities or developments along the route of the Required Roadway Improvements, all such drainage facilities shall remain owned by the underlying landowner (land owner, including the Developer DEVELOPERDeveloper where applicable), and operation and maintenance of the same shall be the responsibility of the respective underlying landowner, or another County-approved responsible entity designated by such land owner (e.g., homeowner's association, property owner's association, or community development district). The underlying landowner shall be responsible for the design, permitting and construction of all such commingled CDD or combined drainage facilities in accordance with Paragraph 4.g., above, unless otherwise approved by the County or unless the Developer elects to be responsible, in which event approval by the County shall not be required. Appropriate easements to the County and/or FDOT, other similar legal entity as applicable, shall be provided on all lands owned by the Developer with respect to the Roadway Improvements, so that the County and/or FDOT has the ability to maintain the facilities associated with the Roadway Improvements in the event the Developer defaults on its obligation to maintain the facilities. The County and/or FDOT, as applicable, shall determine whether roadway drainage facilities may be commingled or combined in accordance with this paragraph; provided, however, roadway drainage facilities shall not be commingled or combined for S.R. 56 unless specifically approved by FDOT.approved