Laserfiche WebLink
15 . Multiple Counterparts : <br /> This Agreement may be executed in a number of identical counterparts which, taken together, shall <br /> 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 <br /> charged. <br /> 16 . Permits : <br /> The DEVELOPER shall be responsible for obtaining all construction and operating permits required <br /> for the construction, delivery, use and monitoring of the water distributed to and wastewater collected <br /> from the subject property. If, through no fault of the parties involved, any federal , state or local <br /> government or agency (excluding the COUNTY) fails to issue necessary permits, or fails to grant <br /> necessary approvals, or requires a material change in the system, then to the extent necessary and if <br /> possible, the parties agree to negotiate an amendment to the Agreement to reflect the change in <br /> condition . If the COUNTY determines that it is impossible or impracticable to perform under the <br /> terms of this Agreement because of the above , then this Agreement shall terminate and the parties <br /> shall have no further obligations to each other. <br /> The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site <br /> operations and maintenance including but not limited to all FDEP regulations relating to <br /> bacteriological and hydrostatic testing, cross connection control , monitoring, color-coding of water <br /> and wastewater equipment . <br /> 17 . 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 <br /> cost. <br /> 18 . Severability / Invalid Provision : <br /> If any provision of the Agreement is held to be illegal , invalid or unenforceable under present or <br /> future laws, such provision shall be fully severable; this Agreement shall be construed and enforced <br /> as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, <br /> and the remaining provisions of this Agreement shall remain in full force and effect and shall not be <br /> affected by such illegal , invalid, or unenforceable provision or by its severance from this Agreement . <br /> 19 . Term : <br /> The term of this Agreement is five (5) years . Unless otherwise agreed to by the parties in writing, this <br /> Agreement shall not be renewed automatically for successive terms . Notwithstanding the foregoing, <br /> this 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 five (5) <br /> years from the date of issuance . The County may terminate this Agreement early in its sole discretion <br /> if it determines that the development project intended to be served by the improvements is suspended <br /> or discontinued . <br /> 20 . 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 <br /> any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the <br /> State of Florida, then, in such event, the time of such period shall be extended to the next day which is <br /> not a Saturday, Sunday or legal holiday. <br />