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authorizing said construction in the sane manner as permits are <br />authorized in the County for the use of the public roads as shall now or <br />hereafter be established by regulations of the County. The County shall <br />have the right when special circumstances exist to determine the time <br />during which such construction shall be done. <br />2. Prior to the issuance of a construction permit, certification <br />fran the Indian River County Fire Department must be obtained certifying <br />fire flow requirenients have been met. <br />via-AUi 7i itT.-rii7 <br />DEFAULT OF FRANCHISE <br />1. If the Utility fails or refuses to pranptly faithfully keep, <br />perform and abide by each and all of the terms and conditions of this <br />franchise, then the Board shall give the Utility written notice of such <br />deficiencies or defaults and a reasonable time within which the Utility <br />shall remedy the same, which notice shall specify the deficiency or <br />default. <br />2. If the Utility fails to remedy such deficiency or default <br />within a reasonable time, the Board may thereafter schedule a hearing <br />concerning the same 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 frau 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 may terminate and cancel the <br />same 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 of Certiorari in the <br />Circuit Court of the County. <br />SECTION XXIII <br />RIGHTS OF LANDOWNERS <br />Nothing in this franchise shall prevent landowners frau 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 />CONPRACiM AGREIIMERr <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 instrument recognized <br />under the Statutes and Laws of the State of Florida. This franchise <br />14 <br />