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FEL2017-019
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FEL2017-019
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8/16/2018 9:20:30 AM
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9/1/2017 12:14:19 PM
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4-28-17 <br />determined by the City when requested by the City. <br />8. In the event of a violation of any of the provisions contained in this Agreement, the City shall <br />have the right to refuse to issue any Building Permits or Certificates of Occupancy as the <br />case may be for the development of the Property until such violation(s) is/are corrected. This <br />Agreement may also be enforced by all appropriate Sections of the Code of Ordinances and <br />the Land Development Code of the City, as they may be amended, as well as through Code <br />Enforcement action and/or other appropriate legal action. <br />9. Owner/Developer, upon execution of this Agreement, shall pay to the City the cost of <br />recording Ordinance No. 2017-19 in the Indian River County Clerk's Office. <br />10. This Annexation is subject to various provisions contained in Chapter 171 Florida Statutes, <br />Municipal Annexation or Contraction. A substantial portion of the boundary of the Property <br />is contiguous to the City. "Contiguous" is defined in Section 171.031(11) F.S. to mean "that <br />a substantial part of a boundary of the territory sought to be annexed by a municipality is <br />cotenninous with a part of the boundary of the municipality." Should there be any legal <br />challenge to the annexation of the Property, whether based on contiguity, enclaves, <br />Comprehensive Plan inconsistencies, zoning or otherwise, the Owner/Developer agrees to <br />assume all risk to Owner/Developer associated with the challenge. The Owner/Developer <br />further agrees to indemnify and hold harmless the City from all claims, suits, judgments, <br />attorneys' fees and costs in any way arising out of or relating to the annexation of the <br />Property. <br />11. This Agreement shall be binding on and inure to the benefit of the parties hereto and their <br />successors or assigns. This Agreement shall run with the Property and be binding upon any <br />person, firm or other entity who may become the successor in interest directly or indirectly to <br />the Property, and such successor shall be subject to the above referenced conditions as <br />approved by the City Council on i > %- 2017. In the event a court of <br />competent jurisdiction issues a final order declaring the annexation to be in violation of the <br />law, the Owner/Developer agrees that the City will adopt an ordinance in accordance with <br />Section 171.051 for the sole purpose of contraction of the municipal boundaries to remove <br />the Property from the City limits, without any liability whatsoever to the City. <br />{00058250.DOC.1 } EXHIBIT `B" <br />To ORDINANCE No. 2017-19 <br />--- Page 3 of 5 <br />
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