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1999-256
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1999-256
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Last modified
12/11/2023 11:02:31 AM
Creation date
12/11/2023 11:02:16 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/05/1999
Control Number
1999-256
Entity Name
Red Stick Golf Club
Subject
Reclaimed Water Use Agreement
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approvals, or require 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. If it <br />becomes impossible or impracticable to perform under the terms of this Agreement because of the above, <br />then this Agreement shall terminate and the parties shall have no further obligations to the other. <br />Amendment: <br />A written instrument executed by the party or parties to be bound thereby may only amend this <br />Agreement. <br />SC - 12. Assignability: <br />Either party may assign this Agreement, however, the rights granted herein shall nun with the <br />land and are not considered the personal property of the DEVELOPER. Therefore, while the <br />DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by <br />this Agreement, the assignee shall not have the right to use the reclaimed water anywhere but on the <br />property unless this Agreement is amended in writing by the assignee and the COUNTY to provide <br />otherwise. <br />SC- d3. Authority <br />Each party hereto represents and wan -ants to the other that the execution of this agreement and <br />any other documents required or necessary to be executed pursuant to the provisions hereof are valid, <br />binding obligations and are enforceable in accordance with their terms. <br />SC - 14. Captions: <br />Captions, if included, in this Agreement are included for convenience only and are not to be <br />considered in any construction or interpretation of this Agreement or any of its provisions. <br />SC - 15. Definition <br />All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as <br />the identity of the party or parties may require. <br />SC - 15. Entire Agreement: <br />This Agreement embodies the entire agreement between the parties relative to the subject matter <br />hereof, and there is no oral or written agreements between the parties, nor any representations made by <br />either party relative to the subject matter hereof, which are not expressly set forth herein. <br />SC - 17. Governing Law & Jurisdiction: <br />This Agreement shall be governed by the laws of the State of Florida and the laws of the United <br />States pertaining to transactions in such State and all actions arising out of this Agreement shall be <br />brought in Indian River COUNTY. All of the parties to this agreement have participated freely in the <br />negotiation and preparation hereof, accordingly, this Agreement shall not be more strictly construed <br />against any one of the parties hereto. <br />SC - 18. Multiple Counteroarts: <br />This Agreement may be 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 not be <br />necessary to produce or account for more than one such counterpart executed by the party to be charged. <br />SC -19. Recording of Agreement: <br />The Agreement shall be recorded in the public records of Indian River County. The obligations <br />defined in this Agreement shall be a condition, which shall run with the land and shall bind subsequent <br />owners of the property for the term of this Agreement. <br />SC - 20. _ Severability / Invalid provision: <br />If any provision of the Agreement is held to be illegal, linvwfid or ununforccabie undcr present or <br />future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if <br />such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the <br />remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by <br />such illegal, invalid, or unenforceable provision or by its severance from this Agreement. <br />SC - 21. Time of Essence: <br />Time is of the essence of this Agreement; however, if the final date of any period which is set out <br />in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the <br />United States or the State of Florida, then, in such event, the time of such period shall be extended to the <br />next day which is not a Saturday, Sunday or legal holiday. <br />Page 4 or G <br />Reekinwd Nater <br />Agremrent. Aug 23. 1 Kr) <br />cam.. rbyt+sa..m.>u.tw:a.icotic w,...e.k.cerm.eww,kw�+ctcotrcam.Irc )uyxu,tvwbttya W <br />
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