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JUN �15 1983 Boa '5PAcf <br />a <br />0 <br />C <br />0 <br />J <br />LL <br />I <br />0 <br />a <br />W <br />M <br />0 <br />M <br />W <br />0 <br />f <br />W <br />F <br />0 <br />LL <br />W <br />W <br />2 <br />0 <br />damages of Fifty ($50.00) Dollars per day that said deficiency or <br />default exists from the date of said hearing held by the Board; <br />and the Board may further limit or restrict this franchise or <br />franchise territory or may terminate and cancel the same in whole <br />or in part if proper reasons thereby are found by the Board. If <br />the Board enters,an order pursuant to such hearing and the Utility <br />feels aggrieved by any such order, the Utility may seek review of <br />the Board's action by filing a petition for Writ of Certiorari in <br />the Circuit Court of the County. <br />SECTION XXII <br />Nothing in this franchise shall prevent landowners from <br />exercising their vested rights or privileges as set forth and <br />contained in any license issued to any utility heretofore granted <br />by the Board pursuant to Section 125.42, Florida Statutes. <br />SECTION XXIII <br />It is specifically agreed by and between the parties hereto <br />that this franchise shall be considered a franchise agreement <br />between Utility and County and as such a contractural instrument <br />recognized under the Statutes and Laws of the State of Florida. <br />This Franchise Agreement is not intended to create rights or <br />actions running in favor of third parties, except as herein <br />specifically provided. <br />SECTION XXIV <br />Provisions herein to the contrary notwithstanding, the <br />Utility shall not be liable for the non-performance or delay in <br />performance of any of its obligations undertaken pursuant to the <br />terms of this franchise where said failure or delay is due to <br />causes beyond the Utility's control, including, without <br />limitation, causes such as "Acts of God", unavoidable casualties, <br />labor disputes, etc. <br />SECTION XXV <br />The franchise area is intended to be developed as a <br />condominium development with a condominium association organized <br />pursuant to Chapter 718, Florida Statutes. Anything herein to the <br />contrary notwithstanding, the Board agrees that the Utility may <br />assign this franchise to such association at any time after its <br />formation, subject to such association agreeing to the terms and <br />=16 <br />M <br />