2013-178 - Laserfiche WebLink

Home Browse Search

This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such state, and all actions arising out of this Agreement shall be brought in Indian River County , Florida, or, in the event of federal jurisdiction, the United States District Court for the Southern District of Florida. All of the parties to this Agreement have participated freely in the negotiation and preparation hereof. Accordingly , this Agreement shall not be more strictly construed against any one of the parties hereto . E . Recording of Agreement: This Agreement may be recorded in the official records of Indian River County by the COUNTY . If recorded, the obligations defined in this Agreement shall run with the land and shall bind subsequent owners of the property for the term of this Agreement. The DEVELOPER shall pay for all recording cost. F . Severability / Invalid Provision : If any provision of the Agreement is held to be illegal , invalid or unenforceable under present or future laws , such provision shall be fully severable ; this Agreement shall be construed and enforced as if such illegal , invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal , invalid, or unenforceable provision or by its severance from this Agreement. G . Term : The term of this Agreement is five ( 5 ) years . Unless otherwise agreed to by the parties in writing, this Agreement shall not be renewed automatically for successive terms . Notwithstanding the foregoing, this Agreement shall be coterminous with FDEP Permit for construction and with the County ' s Utility Construction Permit, whichever provides a shorter time period, but shall be not more than five ( 5 ) years from the date of issuance . The County may terminate this Agreement early in its sole discretion if it determines that the development project intended to be served by the improvements is suspended or discontinued . - THE REST OF THIS PAGE LEFT BLANK INTENTIONALLY - - 4 -