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2018-179
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2018-179
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Last modified
3/6/2024 2:37:13 PM
Creation date
9/21/2018 12:20:37 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Developer's Agreement
Approved Date
09/18/2018
Control Number
2018-179
Agenda Item Number
12.F.1.
Entity Name
GRBK GHO Arabella Reserve LLC
Waterway Village
Subject
Developer's Agreement Intersection Improvements Single Fmaily Home subdivision
Area
Waterway Village 49th Street and 58th Avenue
Project Number
49th Street and
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E. The obligations of the Developer to this Agreement are expressly <br />conditioned upon the Developer's decision, at the Developer's sole <br />discretion, to proceed with the development of Arabella Reserve. <br />F. No Building Permit, Certificate of Completion, or Certificate of Occupancy <br />shall be withheld or delayed by the County for Arabella Reserve or any <br />portion thereof, nor shall the County delay or withhold any other required <br />permits, provided that the Developer is in compliance with this Agreement, <br />all applicable laws and regulations. <br />G. Except as described herein, and in the plans submitted by the Developer and <br />approved by the County, the County shall not require the Developer to <br />construct, contribute to, or share in the costs of any off-site improvements <br />other than the payment of impact 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 <br />hereunder shall lie in Indian River County, Florida. Time shall be of the <br />essence. <br />I. 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 <br />be no canon of construction for or against any party by reason of the <br />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, <br />feminine, and neuter genders shall each include the others. <br />K. The County and the Developer shall grant such further assurances and <br />provide such additional documents as may be reasonably required by one <br />another from time to time, and cooperate fully with one another in order to <br />carry out the terms and conditions hereof and comply with the express <br />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 <br />conditions, nor shall any waiver or relinquishment of any right or power <br />hereunder at any one time or times be deemed a waiver or relinquishment <br />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 <br />4 <br />
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