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1s <br />Section 4. Recording. <br />This Contract shall be recorded in the Public Records of Indian River County and will run with <br />the land. <br />Section 5. Binding Effect. <br />This Contract is final and binding on the Owner and County, including their heirs, successors, and <br />future assigns. Upon the transfer of the Property, County shall be immediately paid the impact <br />fees owed on the Property as set forth in section 3, above. <br />Section 6. Governing Law; Venue; Attorney Fees. <br />This Contract shall be construed, governed and interpreted according to the laws of the State of <br />Florida. Venue for resolution of any dispute shall be in Indian River County, Florida. Owner and <br />County shall bear their own attorney fees in any dispute arising under this Contract. <br />Section 7. Entire Agreement; Amendments. <br />This instrument constitutes the entire agreement between the parties and supersedes all previous <br />discussions, understandings, and agreements between the parties relating to the subject matter of <br />this Contract. Amendments to or assignments of the provisions of this Contract shall be made by <br />the parties only in writing by written amendment or other appropriate written document. This <br />Contract may be executed in separate counterparts, each of which shall be deemed to be an original <br />and all of which together shall constitute one and the same instrument. <br />Section 8. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's <br />sovereign immunity. <br />Section 9. No Third Party Beneficiaries. <br />Except as otherwise expressly provided herein, this Contract is solely for the benefit of the named <br />parties, and no enforceable right or cause of action shall accrue hereunder to or for the benefit of <br />any entity or individual not a named party hereto. <br />IN WITNESS THEREOF, the parties have set their hands and seals -the date entered below. <br />ATTEST: Jeffrey R. Smith, Clerk of <br />Circuit Court & Comptroller <br />By: <br />Deputy Clerk <br />Approved as to form and legal sufficiency: <br />By: <br />Reingold, County Attorney <br />BOARD OF COUNTY CON <br />INDIAN RIVER COUNTY <br />IM <br />Bob Solari, Chairman <br />BCC approved: December 11, 2018 <br />Page 2 of 4 <br />PAffomeylDylanlImpact Fee Payment Deferral Contract docx <br />