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40 <br />of <br />of the Board's action by filing a petition for Writ of Certiorari in the <br />Circuit Court of the county. <br />SECTION XXIII <br />RIGHTS OF J hNDOWNERS <br />Nothing in this franchise shall prevent landowners from 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 />SECTION XXIV <br />COlMAC TUAL AGRGEfi'Il"sN'P <br />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 i,nstrmert re ize <br />under the Statutes and Laws of the State of Florida. This franchise <br />agreement is not intended to create rights or actions running in favor <br />of third parties, except as herein specifically provided. <br />SECTION XXV <br />NON-P�RMANCE <br />Provisions herein to the contrary notwithstanding, the Utility <br />shall not be liable for the non-performance or delay in performance of <br />any of its obligations undertaken pui.suant to the terms 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 />err+ TMI VV%1T <br />INTENT OF FRANCHISE AREA <br />The franchise area is intended to be developed as a condominum <br />developm -it with a condominum association organized pursuant to chapter <br />718, Florida Statutes. Anvthing herein to the contrary notwithstanding, <br />the Board agrees that the Utility may assign this franchise to such <br />association at any time after its formation, subject to such association <br />agreeing to the terms and conditions hereof and pursuant to the public <br />hearing requirements set forth under Section XII hereof. <br />SWVION XXVII <br />EXECUTION OF FRANCHISE <br />If any word, sections, clause or part of this resolution is held <br />invalid, such portion shall be deemed a separate and independent part <br />and the same shall not invalidate the remainder. <br />IN WITNESS WHEREOF, The Board of County Commissioners 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 Chaintizn of the Board of <br />15 <br />