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