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1999-115
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1999-115
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Last modified
8/1/2023 9:49:00 AM
Creation date
8/1/2023 9:48:52 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Developer's Agreement
Approved Date
04/27/1999
Control Number
1999-115
Entity Name
Lone Cabbage Trading Co. (Welton Convenience Store)
Subject
Developers Agreement for Soutbound Right Turn Lane along US Hwy 1 North of
53rd St./Two/Three Lane Roadway along 53rd St between US Hwy 1 & Old Dixie
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.m/tn(oonvC --nd--g.'-(P D) <br />S. Time is of the essence as to all matters pertaining to this Agreement. <br />6. In the event of any litigation arising out of this Agreement, the prevailing patty shall <br />be entitled to reimbursement of the costs and expenses thereof from the non - <br />prevailing party or parties, including reasonable attorneys' fees and including such <br />costs, expenses, and fees incurred on appeals of such litigation. <br />7. No amendment, modification, change, or alteration of this Agreement shall be valid <br />or binding unless accomplished in writing and executed by all of the parties hereto. <br />• <br />8. This Agreement shall be binding upon and inure to the beaefit of the parties hereto <br />and their personal representatives, heirs, successors, aad assigns. <br />• 9. This Agreement contains the entire agreement and understanding between the parties. <br />No rcpresentation, statement, reckai, undertaking, or promise not specifically set <br />forth herein shall be binding on any party hereto. <br />10. This Agreement and all matters arising hereunder shall be goverriccl by zind construed <br />in accordance with the laws of the State of Florida. Vcrme hereunder shall lie in <br />Indian River County, Florida. <br />H. This Agreement shall be deemed prepared jointly by each of the parties hereto and <br />shall be construed on a parity as between the parties. There shall be no canon of <br />construction for or against any party by reason of the physical preparation of this <br />Agreement. <br />12. Whenever the singular number is used in this Agreement and when required by the <br />context, the same shall include the plural: and the masculine, feminine, and neuter <br />genders shall each include the others. <br />13. COUNTY and i EVI;LOPER shall grant such further assurances and provide such <br />additional documents as may be required by one another from time to time, and <br />cooperate; fully with one another in order to carry out the teens and conditions hereof <br />and comply with the express intention of this Agreement. <br />14, Failure to insist upon strict compliance with any of the terms, covenants, or <br />conditions herein shall not he deemed a waiver of such terms, covenants, or <br />conditions, nor shall any waiver or relinquishment of any right or power hereunder <br />a► any one tinme or tinies he deemed a waiver or relinquishment of such right or power <br />at any other lime or times. <br />1.5. All words, ternis, and conditions contained herein are to be read in concert, each with <br />the other, and a provision contained under one paragraph may be considered to be <br />equally applicable under another in the interpretation of this Agreement. <br />16. The words herein and hereof and words of similar import, without reference to any <br />particular section or subdivision of this Agreement, refer to this Agreement as a <br />whole rather than to any particular section or subdivision hereof. <br />17. In the event any term, condition, or clause of this Agreement is declared to be illegal <br />or unenforceable by a count of competent jurisdiction, such declaration of illegality <br />or unenforceability shall not affect or alter the legality or enforceability of any <br />remaining teen, condition, or clause hereof, provided of the parties, as set forth in <br />this Agreement. <br />
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