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2008-161
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2008-161
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Last modified
4/4/2016 11:03:37 AM
Creation date
10/1/2015 12:11:36 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/20/2008
Control Number
2008-161
Agenda Item Number
8.L.
Entity Name
NAP Indian River II LLC
Subject
Developer's Agreement The Landings intersection improvements
Area
US 1 and 53rd St. The Landings
Supplemental fields
SmeadsoftID
7034
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additional off-site improvements, other than the payment of or credits toward applicable impact <br /> fees . <br /> H. This Agreement and all matters arising hereunder shall be governed by and <br /> construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian <br /> River County, Florida. Time shall be of the essence. <br /> 1. This Agreement shall be deemed prepared jointly by each of the parties <br /> hereto and shall be construed on parity as between the parties . There shall be no canon of <br /> construction for or 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 <br /> by the context, the same shall include the plural; and the masculine, feminine, and neuter genders <br /> shall 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 <br /> cooperate fully with one another in order to carry out the terms and conditions hereof and comply <br /> with the 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 <br /> any waiver or relinquishment of any right or power hereunder at any one time or times be deemed <br /> a 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 <br /> equally 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 <br /> rather 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 /> 6 <br />
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