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r• <br />C. UTILITIES AND DEVELOPER AGREE: <br />1. The parties understand that the main extension and service availability <br />charges set forth herein must receive prior approval of the City of Sebastian and that <br />should such approval not be given. the parties shall be relieved of all obligations <br />under this agreement. Additionally. the jurisdiction affecting service to developer <br />may be contested by Indian. River County. Should it ultimately be determined that <br />Indian River County and not the City of Sebastian is the agency having jurisdiction <br />over the Utilities to service the Developer, Utilities shall be relieved of any <br />responsibility hereunder. <br />2. This Agreement shall be governed by applicable rules„ laws and regulations <br />of any goverimental body, federal, state, or local, including departments and agencies <br />having jurisdiction of THE CITY OF SEBASTIAN The partes agree to be <br />bound by such increase or decrease in gallonage amounts and rates which may be pre- <br />scribed, from time to time, by said body or other agency having jurisdiction thereof. <br />3. This Agreement shall be binding upon the successors, assigns and legal <br />representatives of the respective parties hereto. <br />4. This Agreement shall not be assigned without the prior written consent of <br />Utilities, which consent shall not be unreasonably withheld. <br />5. Any notice required to be given pursuant to the terms of this Agreement <br />shall be deemed properly given when sent by United States Certified Mail, Return <br />Receipt Requested, to the respective parties herein, at the last known address of <br />either of the parties. <br />6. Water and sewer line extensions will be made to the property .line at suck <br />points as are mutually agreed to by Customer and Utilities. <br />7. Failure of Developer to comply in any respect with the provisions of this <br />Agreement shall result in termination of this Agreement. Utilities shall give thirty <br />(30) days written notice of any default under this Agreement and failure of Developer <br />to correct default shall result in automatic termination. <br />8. Unless sooner terminated as provided in paragraph (7) above, termination of <br />this Agreement, by either party, shall be upon application to and approval by the <br />appropriate governmental authority. <br />LEGj61.41.14 <br />6 <br />