4/22/2016 11:36:09 AM
9/30/2015 10:28:31 PM
Official Document Type
Agenda Item Number
Odyssey (II) DP V LLC
Developer's Agreement Sunrise Plaza
Intersection SR 60 & 58th Ave.
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concurrency certificate, as reflected in the attached Exhibit "C ." <br /> 7. In the event of any litigation arising out of this Agreement, each party shall bear its own <br /> attorney fees and costs . <br /> 8 . No amendment, modification, change, or alteration of this Agreement shall be valid or <br /> binding unless accomplished in writing and executed by all of the parties hereto. <br /> 9. This Agreement shall be binding upon and inure to the benefit of the parties hereto and <br /> their successors, and assigns. <br /> 10 . This Agreement contains the entire agreement and understanding between the parties. No <br /> representation, statement, recital, undertaking, or promise not specifically set forth herein <br /> shall be binding on any party hereto. <br /> 11 . This Agreement and all matters arising hereunder shall be governed by and construed in <br /> accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian <br /> River County, Florida. <br /> 12. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall <br /> be construed on parity as between the parties. There shall be no canon of construction for <br /> or against any parry by reason of the physical preparation of this Agreement. <br /> 13 . 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 /> 14. COUNTY and DEVELOPER shall grant such further assurances and provide such <br /> additional documents as may be required by one another from time to time, and cooperate <br /> fully with one another in order to carry out the terms and conditions hereof and comply <br /> with the express intention of this Agreement. <br /> 15 . Failure to insist upon strict compliance with any of the terms, covenants, or conditions <br /> herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any <br /> waiver or relinquishment of any right or power hereunder at any one time or times be <br /> deemed a waiver or relinquishment of such right or power at any other time or times. <br /> 16 . All words, terms, and conditions contained herein are to be read in concert, each with the <br /> other, and a provision contained under one paragraph may be considered to be equally <br /> applicable under another in the interpretation of this Agreement. <br /> 17. 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 as a whole <br /> 3 <br />
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