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,, .. <br />for the use of the public road:;; as shall now or hereafter be established <br />by regulations of the County. The County shall have the right when <br />special circumstances exist to detennine the t:iJre during which such <br />construction shall be done. <br />SEX:TION XXII <br />DEFAULT OF FRANCHISE <br />If the Utility fails or refuses to prarptly faithfully keep, <br />perfonn and abide by each and all of the tenns and conditions of this <br />franchise, then the Board shall give the Utility written notice of such <br />deficiencies or defaults and a reasonable t:iJre within which the Utility <br />shall reiredy the saire, which notice shall specify the deficiency or <br />default. If the Utility fails to rerredy such deficiency or default <br />within a reasonable t:iJre, the Board may thereafter schedule a hearing <br />concerning the sane with reasonable notice thereof to the Utility, and <br />after such hearing at which all interested parties shall be heard, the <br />Board may levy liquidated damages of no less than fifty dollars ($50) <br />per day that said deficiency or default exists fran the date of said <br />hearing held by the Board; and the Board may further limit or restrict <br />this franchise or franchise territory or r,ay tenninate and cancel the <br />sarre in whole or in part if proper reasons thereby are found by the <br />Board. If the Board enters an order pursuant to such hearing and the <br />Utility feels aggrieved by any such order, the Utility may seek review <br />of the Board's action by filing a petition for Writ o f Certiorari in the <br />Circuit Court of the County. <br />SEX:TION XXIII <br />RIGHTS OF IANDCWNERS <br />Nothing in this franchise shall prevent landowners fran exercising <br />their vested rights or privileges as set forth and contained in any <br />license issued to any utility heretofore granted by the Board pursuant <br />to Section 125.42, Florida Statutes. <br />SEX:TION XXIV <br />CXNl'RACI'UAL AGREEMENT <br />It is specifically agreed by and be~en the parties hereto that <br />this franchise shall be considered a franchise agreerrent between the <br />Utility and the County and as such a contractural instrurrent recognized <br />under the Statutes and Laws of the State of Florida. Thi s franchise <br />agreement is not intended to creat e rights or actions running in favor <br />of third parties, except as herein specifically provided. <br />SEX:TION XXY <br />t-X:N-PERFORMANCE <br />14