1983-108 - Laserfiche WebLink

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Provisions herein to the contrary notwithstanding, the Utility shall not be liable for the non-perfonrance or delay in performance of any of its obligations undertaken pursuant to the terms of this franchise where said failure or delay is due to causes beyond the Utility 's control, including, without limitation, causes such as "Acts of God", unavoidable casualties, labor disputes, etc. SFX:I'ION XXVI lN1.'ENI' OF FRANCHISE ARFA The franchise area is intended to be developed as a condcrninum developrent with a condaninum association organized pursuant to chapter 718, Florida Statutes. Anything herein to the contrary notwithstanding, the Board agrees that the Utility rray assign this franchise to such association at any tirre after its forrration, subject to such association agreeing to the terms and conditions hereof and pursuant to the public hearing requirerrents set forth under Section XII hereof . SFX:I'ION XXVII EXEX:l1I'ION OF FRANCHISE If any word, sections, clause or f.ilt of this resolution is held invalid, such portion shall be deaned a separate and independent part and the sarre shall not invalidate the remainder. IN WITNESS WHERIDF, The Board of County Coomi.ssioners of Indian River County, Florida has caused this franchise to be executed in the narre of the County of Indian River by the Chairrran of the Board of County Carmissioners and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Carmissioners adopted on the ~ day of November , 1983. Signed, sealed and delivered in the presence of: COUNTY OF INDIAN RIVER, FLORIDA By ~ , . . Richard~:, .. Bird, Chairman Board o f County Carmissioners ACCEPI'ANCE OF FRANCHISE BAYSIDE Ul'ILITIES, a Florida Partnership, does hereby accept the foregoing franchise, and for their successors and assigns does hereby covenant and agree to canply with and abide by all of the terms, conditions and provisions therein set forth and contained. 15