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• w WWD 65-I9 City's regulations/codes, shall be constructed at the expense of and by the Developer as approved by the City. 6. Developer shall contract for solid waste pick up services to serve the Development. 7. The Owner has represented to the City that the Property consists of various platted lots and abandoned road right-of-way. Prior to Final Development Plan approved for the Project and future development activity on the Property, the Owner shall enter into a Unity of Title combining all of the lots, including abandoned road right-of-way and if directed by the City, a cross access agreement with the adjacent property owner(s), all subject to approval 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 further Building Permits or Certificates of Occupancy as the case may be for the entire Property until such violation(s) is/are corrected and 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, upon execution of this Agreement, shall pay to the City the cost of recording Ordinance No. 2019-03 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 or otherwise, the Owner/ agrees to assume all risk to Owner associated with the challenge. The Owner 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, including the defense of any challenge to the Annexation. [00104802.DOC.1 ) EXHIBIT"C" To ORDINANCE No.2019-03 -Page 3of5-