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W WD 6.6-19 <br />City's regulations/codes, shall be constructed at the expense of and by the Developer as <br />approved by the City. <br />6. Developer shall contract for solid waste pick up services to serve the Development. <br />7. The Owner has represented to the City that the Property consists of various platted lots and <br />abandoned road right-of-way. Prior to Final Development Plan approved for the Project and <br />future development activity on the Property, the Owner shall enter into a Unity of Title <br />combining all of the lots, including abandoned road right-of-way and if directed by the City, <br />a cross access agreement with the adjacent property owner(s), all subject to approval by the <br />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 further Building Permits or Certificates of Occupancy as <br />the case may be for the entire Property until such violation(s) is/are corrected and 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, upon execution of this Agreement, shall pay to the City the cost of recording <br />Ordinance No. 2019-03 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 />coterminous 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 or otherwise, the Owner/ agrees to assume all risk to <br />Owner associated with the challenge. The Owner further agrees to indemnify and hold <br />harmless the City from all claims, suits, judgments, attorneys' fees and costs in any way <br />arising out of or relating to the annexation of the Property, including the defense of any <br />challenge to the Annexation. <br />(00104802.DOC.1) EXHIBIT "C" <br />To ORDINANCE No.-2019-03 <br />-Page3of5-- <br />