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5 . 8 . RECORDING OF AGREEMENT. The Agreement shall be recorded in the public <br /> records of Indian River County at the sole cost of Developer. The obligations defined in this <br /> Agreement shall be a condition , which shall run with the land and shall bind subsequent owners <br /> of the Property for the term of this Agreement . <br /> 5 . 9 . SEVERABILITY . If any provision of the Agreement is held to be illegal , invalid or <br /> unenforceable under present or future laws , such provision shall be fully severable , this <br /> Agreement shall be construed and enforced as if such illegal , invalid or unenforceable provision <br /> had never comprised a part of this Agreement, and the remaining provisions of this Agreement <br /> shall remain in full force and effect and shall not be affected by such illegal , invalid , or <br /> unenforceable provision or by its severance from this Agreement. <br /> 5 . 10. TIME OF ESSENCE . Time is of the essence of this Agreement; however, if the <br /> final date of any period which is set out in any provision of this Agreement falls on a Saturday , <br /> Sunday or legal holiday under the laws of the United States or the State of Florida , then , in such <br /> event , the time of such period shall be extended to the next day which is not a Saturday , <br /> Sunday or legal holiday. <br /> 5 . 11 . BACKGROUND RECITALS . The Background Recitals are true and correct and <br /> form a material part of this Agreement . <br /> IN WITNESS WHEREOF , the COUNTY and DEVELOPER have caused this Agreement <br /> to be executed in their respective names as of the date first set forth above . <br /> Tarmac America LLC <br /> p <br /> Print Name (�: i s e/ e 'P/+ i TErl%-' By: <br /> Print Name _ uPnNPv)i Ec Printed name and title <br /> State of Florida <br /> County of fro tua, —d <br /> 3rd <br /> The 11 foregoing instrument was acknowledged before me this day of <br /> &f-y / , 2007 by llaldv as of <br /> Tarmar Afrlr"r-t CA t , a t4o71j4e4 L_ta.&I 61 <br /> on behalf of the The subscribe g party is <br /> personally known to me or produced as <br /> identification . ���--- <br /> Notary Public <br /> Print Name: 0, 1 R1 f e, K � er5en <br /> Commission No. <br /> Expiration Date <br /> N eo No(a7 +'.,e c Mate of Flo' da <br /> � „iarre F Ae erson <br /> My Cmeson DD401504 <br /> 6 <br />