Laserfiche WebLink
It is specifically agreed by and between the parties hereto that <br />this franchise shall be considered a franchise agreement between the <br />Utility and the County and as such a contractural instrument recognized <br />under the Statutes and laws of the State of Florida. This franchise <br />agreamnt is not intended to create rights or actions running in favor <br />of third parties, except as herein specifically provided. <br />SFLTION XXV <br />NON-PERFOMM E <br />provisions herein to the contrary notwithstanding, the Utility <br />shall not be liable for the non-performance or delay in pecfoxnance of <br />my of its obligations undertaken pursuant to the terns of this <br />franchise where said failure or delay is due to causes beyond the <br />Utility's control, including, without limitation, causes such as "Acts <br />of God", unavoidable casualties, labor disputes, etc. <br />SECTION XXVI <br />IFIIEM OF FRANCHISE AREA <br />The franchise area is intended to be developed as a condcminum <br />developuent with a co dminum association organized pursuant to chapter <br />718, Florida Statutes. Anything herein to the contrary notwithstanding, <br />the Board agrees that the Utility nay assign this franchise to such <br />association at any time after its formation, subject to such association <br />agreeing to the terns and conditions hereof and pursuant to the public <br />hearing re3uixarents set forth under Section XII hereof. <br />SFLTIM XXVII <br />If any word, sections, clause or part of this resolution is held <br />invalid, such portion stall be deemed a separate and indepedent part <br />and the score shall not invalidate the ransirder. <br />IN WITNESS WHEREW, The Board of County CamSssioners of Indian <br />River County, Florida has caused this franchise to be executed in the <br />name of the County of Indian River by the Chairman of the Board of <br />County Crnmissioners and its seal to be affixed and attested by its <br />Clerk, all pursuant to the resolution of the Board of County <br />Comd.ssionses adopted on the 7rh day ofce t>mh>r , 1983. <br />Signed, sealed and delivered MUNN OF IMIAN RIVER; FLORIDA <br />in the presence of: <br />�il/RX fly-f-9-ctad <br />BY <br />Richard N. Bird, Chairman <br />Board <br />A19vnvnd a r <br />� aml lr,9ml" <br />15 <br />aryi�t. 3ra g <br />�, syiilY Attor <br />