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2025-073
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2025-073
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Last modified
4/14/2025 3:31:49 PM
Creation date
4/14/2025 3:03:14 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Developer's Agreement
Approved Date
03/25/2025
Control Number
2025-073
Agenda Item Number
11.a.1.
Entity Name
Meritage Homes of Florida, Inc.
Subject
Developer’s Agreement for Fair Share Roadway Improvement Contribution,
Right of Way Dedications and Associated Roadway and Drainage Improvements
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specifically set forth herein shall be binding on any parties hereto. This Agreement <br />shall not be effective unless signed by the Developer and the County and recorded <br />within 14 days of execution in the Public Records of Indian River County as is <br />required by Florida Statute § 163.3239. <br />G. This Agreement and all matters arising hereunder shall be governed by and <br />construed in accordance with the laws of the State of Florida. Venue hereunder <br />shall lie in 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 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 />I. 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 />J. The County and Developer shall grant such further assurances and provide such <br />additional documents as may be reasonably required by one another from time to <br />time and cooperate fully with one another in order to carry out the terms and <br />conditions hereof and comply with the express intention of this Agreement. <br />K. 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 <br />power at any other time or times. Further, the fact that this Agreement does not <br />detail all laws, rules, regulations, permits, conditions, terms and restrictions that <br />must be satisfied to complete the development contemplated by this Agreement <br />shall not relieve any party, or its successors in interest, of the obligation to comply <br />with the law governing such permit requirements, conditions, terms, and <br />restrictions. <br />L. All words, terms, and conditions contained herein are to be read in concert each <br />and with the other, and a provision contained under one paragraph may be <br />considered to be equally applicable under another in the interpretation of this <br />Agreement. <br />M. The words herein and hereof and words of similar import, without referenced to <br />any particular section or subdivision of this Agreement, refer to this Agreement as <br />a whole rather than to any particular section or subdivision hereof. <br />N. In the event any term, condition, or clause of this Agreement is declared to be illegal <br />or unenforceable by a court of competent jurisdiction, such declaration of illegality <br />or unenforceability shall not affect or alter the legality or enforceability of any <br />PC <br />4856-8263-0075, v. 6 <br />
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