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13-2535 Voluntary Development Commitment Agmt - Nieuport Partners II, LLC
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13-2535 Voluntary Development Commitment Agmt - Nieuport Partners II, LLC
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
9/23/2013
Doc Number
13-2535
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Book 9182 Pagge 713 <br />Instrument# 2018087497 <br />I <br />enumerated! in this Section is beyond the control and without the fault or negligence of <br />the party seeking relief under this Section. <br />24. DEFAULT: OPPORTUNITY TO CURE. Should either party desire to <br />declare the other party in default of any term or condition of this Agreement, the non - <br />defaulting party shall provide the defaulting parry a written notice of default. The written <br />notice shall,: at a minimum, state with particularity the nature of the default, the manner <br />in which the default can be cured, and a reasonable time period of not less than thirty <br />(30) days in; which the default must be cured. No action may be taken in a court of law <br />on the basis that a breach of this Agreement has occurred until such time as the <br />requirements of this paragraph have been satisfied. <br />25. TERMINATION. The City shall have the unconditional right, but no <br />obligation, to terminate this Agreement, without notice or penalty, if Developer fails to <br />receive building permits and substantially commence construction of the Project within <br />three (3) years of the Effective Date of this Agreement. If the City terminates this <br />Agreement,.the City shall record a notice of termination in the public records of <br />Seminole County, Florida. <br />26. DURATION OF AGREEMENT. The duration of this Agreement shall be <br />for a term of twenty (20) years from the Effective Date of this Agreement. If <br />development of the Developer's Property is not completed in accordance with the terms <br />and conditions of this Agreement and applicable laws of the State of Florida, Seminole <br />County and the City of CasseIbeny, Florida, within twenty (20) years from the Effective <br />Date of this Agreement, then and in that -event, this Agreement shall be null and void <br />and the City of Casselberry shall not be precluded, prohibited or estopped from <br />redesignating and/or rezoning all or any portion of the Developer's Property. <br />27. ASSIGNMENT. This Agreement cannot be assigned without the express <br />written consent of the. City. <br />IN WITNESS WHEREOF, the parties hereto have each caused these presents to <br />be executed by its undersigned officer thereunto duly authorized as of the day and year <br />first above written. <br />[signatures to follow] <br />Page 7 <br />
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