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14. Multiple Counterparts: <br />This Agreement maybe executed in a number of identical counterparts which, taken together, <br />shall constitute collectively one (1) Agreement; but in making proof of this Agreement, it shall <br />not be necessary to produce or account for more than one such counterpart executed by the <br />party to be charged. <br />15. Permits: <br />The DEVELOPER shall be responsible for obtaining all construction and operating permits <br />required for the construction, delivery, use and monitoring of the water distributed to and <br />wastewater collected from the DEVELOPER property (Lost Tree Preserve Plan Development). If, <br />through no fault of the parties involved, any federal, state or local government or agency <br />(excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, <br />or requires a material change in the system, then to the extent necessary and if possible, the <br />parties agree to negotiate an amendment to the Agreement to reflect the change in condition. <br />If the COUNTY determines that it is impossible or impracticable to perform under the terms of <br />this Agreement because of the above, then this Agreement shall terminate and the parties shall <br />have no further obligations to each other. <br />The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site <br />operations and maintenance prior to County acceptance including but not limited to all FDEP <br />regulations relating to bacteriological and hydrostatic testing, cross connection control, <br />monitoring, color -coding of water and wastewater equipment. <br />16. Recording of Agreement: <br />This Agreement may be recorded in the official records of Indian River County bythe COUNTY. <br />If recorded, the obligations defined in this Agreement shall run with the land and shall bind <br />subsequent owners of the property for the term of this Agreement. The DEVELOPER shall pay <br />for all recording costs. <br />17. Severability / invalid Provision: <br />If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or <br />future laws, such provision shall be fully severable; this Agreement shall be construed and <br />enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this <br />Agreement, and the remaining provisions of this Agreement shall remain in full force and effect <br />and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance <br />from this Agreement. <br />18. Term: <br />The term of this Agreement is five (5) years. Unless otherwise agreed to by the parties in <br />writing, this Agreement shall not be renewed automatically for successive terms. <br />Notwithstanding the foregoing, this Agreement shall be coterminous with FDEP Permit for <br />construction and with the County's Utility Construction Permit, whichever provides a shorter <br />time period, but shall be not more than five (5) years from the date of issuance. The County <br />-Page 5 - <br />C:WSk:KS1GCMSEC1Al'1'llATAUACALWCROSOFIAWINWWSUNI iCACIIE\CONIEN'I'.OU71WKU3LXU807Z1UEV AWLEEMENI HAWKS N8S1-DRAFT -1.31-2023DOC <br />