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2004-312
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2004-312
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Last modified
11/14/2016 11:50:01 AM
Creation date
9/30/2015 8:28:12 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/07/2004
Control Number
2004-312
Agenda Item Number
11.I.6
Entity Name
Shelby Homes at Oslo ,Inc.
Subject
Developer's Agreement Bradford Place Subdivision
Area
27th Ave. and Oslo Rd.
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4758
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C. This Agreement shall be binding upon and inure to the benefit f the parties <br /> hereto and their successors , and assigns . <br /> D. This Agreement contains the entire agreement and understanding between the <br /> parties . No representation , statement , recital , undertaking , or promise not s ecifically set <br /> forth herein shall be binding on any party hereto . This Agreement shall not be effective <br /> unless signed by Developer and County. <br /> E . The obligations of the Developer to this Agreement are expressl conditioned <br /> upon the Developer' s decision , at Developer' s sole discretion , to proceed wit 1 the Project . <br /> F . Except for the aforementioned intersection improvement contributic ns the County <br /> shall not require Developer to construct , contribute to or share in the costs of any off-site <br /> improvements other than the payment of applicable impact fees . <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 shall lie in <br /> Indian River County, Florida . <br /> H . This Agreement shall be deemed prepared jointly by each of the parties hereto <br /> and 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 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 genders <br /> shall each include the others . <br /> J . 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 time , and <br /> cooperate fully with one another in order to carry out the terms and conditions hereof and <br /> 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 conditions , nor <br /> shall any waiver or relinquishment of any right or power hereunder at any one time or times <br /> be deemed a waiver or relinquishment of such right or power at any other time or times . <br /> L. All words , terms , and conditions contained herein are to be read in oncert , each <br /> with 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 /> M . 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 asa whole rather <br /> 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 <br /> illegal or unenforceable by a court of competent jurisdiction , such declaration of illegality or <br /> 3 <br />
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