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2004-299
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2004-299
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ORIGINAL <br /> The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations <br /> and maintenance including but not limited to all FDEP regulations relating to bacteriological and <br /> hydrostatic testing, cross connection control, monitoring, color-coding of water and wastewater equipment. <br /> 18 . Recording of Agreement : <br /> This Agreement may be recorded in the official records of Indian River County by the COUNTY. If <br /> recorded, the obligations defined in this Agreement shall run with the land and shall bind subsequent <br /> owners of the property for the term of this Agreement. The DEVELOPER shall pay for all recording cost. <br /> 19 . Severability / Invalid Provision : <br /> If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future <br /> laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such <br /> 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 u enforceable provision or by its severance from this Agreement. <br /> 20 . Term: <br /> The term of this Agreement is rs . Unless otherwise agreed to by the parties in writing, this <br /> Agreement shall not be renewed automatically for successive terms . Notwithstanding the foregoing, this <br /> Agreement shall be coterminous with FDEP Permit for construction and with the County' s Utility <br /> Construction Permit, whichever provides a shorter time period, but shall be not more than te�rfA!Q) ears <br /> from the date of issuance . The County may terminate this Agreement early in its sole discretion if it <br /> determines that the development project intended to be served by the improvements is suspended o� <br /> discontinued . <br /> 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 in any <br /> provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of <br /> Florida, then, in such event, the time of such period shall be extended to the next day which is not a <br /> Saturday, Sunday or legal holiday. <br /> Remainder of Page Intentionally Left Blank <br /> ( continued For Signature Page ) <br /> Page 6 <br /> CADOCUMENTS AND SETTINGSCAROLEIMY DOCUMENTS\MGB CONSTRUCTIOMDEVELOPERS AGREEMENT 7-28-04.DOC <br />
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