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2008-160
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2008-160
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Last modified
4/4/2016 10:52:15 AM
Creation date
10/1/2015 12:11:28 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/20/2008
Control Number
2008-160
Agenda Item Number
8.K.
Entity Name
NAP Indian River LLC
North American Properties
Subject
Developer's Agreement Harbor Point Intersection improvements
Commercial shopping center
Area
53rd St. East of US 1
Supplemental fields
SmeadsoftID
7033
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River County, Florida. Time shall be of the essence . <br /> I. This Agreement shall be deemed prepared jointly by each of the parties hereto and <br /> shall be construed on parity as between the parties. There shall be no canon of construction for or <br /> against any party by reason of the physical preparation of this Agreement. <br /> J. Whenever the singular number is used in this Agreement and when required by <br /> the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall <br /> each include the others. <br /> K. County and Developer shall grant such further assurances and provide such <br /> additional documents as may be reasonably required by one another from time to time, and cooperate <br /> fully with one another in order to carry out the terms and conditions hereof and comply with the <br /> express intention of this Agreement. <br /> L. Failure to insist upon strict compliance with any of the terms, covenants, or <br /> conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any <br /> waiver or relinquishment of any right or power hereunder at any one time or times be deemed a <br /> waiver or relinquishment of such right or power at any other time or times. <br /> M. All words, terms and conditions contained herein are to be read in concert, <br /> each with the other, and a provision contained under one paragraph may be considered to be equally <br /> applicable under another in the interpretation of this Agreement. <br /> N. The words herein and hereof and words of similar import, without reference <br /> to any particular section or subdivision of this Agreement, refer to this Agreement as a whole rather <br /> than to any particular section or subdivision hereof. <br /> O. In the event any term, condition, or clause of this Agreement is declared to <br /> be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or <br /> unenforceability shall not affect or alter the legality or enforceability of any remaining term, <br /> condition, or clause hereof, provided of the parties, as set forth in this Agreement. <br /> P . Time is of the essence as to all matters in this Agreement. <br /> Q. In the event state or federal laws are enacted after the execution of this <br /> Agreement, which are applicable to and preclude in whole or in part the parties ' compliance with <br /> the terms of this Agreement, then in such event this Agreement shall be modified or revoked as is <br /> necessary to comply with such laws, in a manner which best reflects the intent of this Agreement. <br /> This Agreement shall not be construed or characterized as a development agreement under the <br /> Florida Local Government Development Agreement Act. <br /> R. Only ifthe total cost of construction ofthe Roadway Improvements, excluding <br /> the site-related improvements described herein, exceeds the total amount of transportation impact <br /> fees associated with the Project, and the Developer submits invoices to the County for payment <br /> pursuant to paragraph 4 herein, then the Developer shall solicit public bids for construction of the <br /> 7 <br />
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