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1999-180
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1999-180
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Last modified
8/21/2023 2:12:07 PM
Creation date
8/21/2023 2:11:56 PM
Metadata
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Template:
Official Documents
Official Document Type
Developer's Agreement
Approved Date
07/06/1999
Control Number
1999-180
Entity Name
Tri Partners, LLC
Subject
Agreement Paving part of 19th Ave SW, 20th Ave SW, 10th St. SW, Culvert of E-8 Canal
Provide Stormwater Treatment
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n NO allicaulmuni, modification, change, or alteration of this Agreement shall <br />! ® g be valid <br />or binding unless accomplished in writing and executed by all of the parties hereto. <br />1 i . This Agreement shall be binding upon and inure to the benefit of the parties hereto <br />and their personal representatives, heirs, successors, and assigns. <br />12. This Agreement contains the entire agreement and understanding between the parties. <br />® No represei.tation, statement, recital, undertaking, or promise not specifically set <br />forth herein shall be binding on any party hereto. <br />13. This Agreement and all matters arising hereunder shall be governed by and construed <br />in accordance with the laws of the State of Florida. Venue hereunder shall lie in <br />Indian River County, Florida. <br />14. 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 />15. 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 />16. COUNTY and DEVELOPER shall grant such fiu-ther 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 terms and conditions hereof <br />and comply with the express intention of this Agreement. <br />17. Failure to insist upon strict compliance with any of the terms, covenants, or <br />conditions herein shall not be deemed a waiver of such terms, covenants, or <br />conditions, nor shall any waiver or relinquishment of any right or power hereunder <br />at any one time or times be deemed a waiver or relinquishment of such right or power <br />at any other time or times. <br />18. All woi ds, terms, and conditions contained herein are to be read in concert, each with <br />the other, and a nrevision rn„ twined under orc _ ______ <br />paragiapii may be considered to be <br />equally applicable under another in the interpretation of this Agreement. <br />19. The words herein and hereof and words of similar hiiport, 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 />20. In the event any term, condition, or clause of this Agreement is declared to be illegal <br />or unenforceable by a court of competent iurisdictinn <br />. A 111v6duly <br />or unenforceability shall not affect or alter the legality or enforceability of any <br />remaining term, condition, or clause hereof, provided of the parties, as set forth in <br />this Agreement. <br />21. If a special assessment project is approved for 19th Avenue S.W. <br />by the Board of County Commissioners, the Developer shall be <br />41 <br />reimbursed all those payments made by the property owners (other <br />than. the Developer) within the Special Assessment Benefit area. <br />3 <br />
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