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2003-026
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2003-026
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Last modified
9/6/2016 10:19:01 AM
Creation date
9/30/2015 6:16:51 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/04/2003
Control Number
2003-026
Agenda Item Number
7.B.B.
Entity Name
Lucinda W.Eddy
Subject
Agreement to Purchase and Sell Real Estate
Area
Indian River County 24th. Avenue South of 1st Street 7BB
Archived Roll/Disk#
3160
Supplemental fields
SmeadsoftID
2813
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w <br /> ti <br /> 8. Miscellaneous. <br /> 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the <br /> laws of the State of Florida. Venue shall be in Indian River County for all state court matters,and in <br /> the Southern District of Florida for all federal court matters. <br /> 8.2 Condemnation. In the event that all or any part of the Property shall be acquired or <br /> condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation <br /> proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have <br /> the option to either terminate this Agreement,and the obligations of all parties hereunder shall cease, <br /> or to proceed,subj ect to all other terms,covenants,conditions,representations and warranties of this <br /> Agreement,to the Closing of the transaction contemplated hereby and receive title to the Property; <br /> receiving,however, any and all damages,awards or other compensation arising from or attributable <br /> to such acquisition or condemnation proceedings. County shall have the right to participate in any <br /> such proceedings. <br /> 8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties <br /> with respect to this transaction and supersedes all prior agreements, written or oral, between the <br /> Seller and the County relating to the subject matter hereof. Any modification or amendment to this <br /> Agreement shall be effective only if in writing and executed by each of the parties. <br /> 8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and <br /> obligations under this Agreement without the prior written consent of the other party. The terms <br /> hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors <br /> and assigns. <br /> 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by <br /> certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile <br /> transmission, as follows: <br /> If to Seller: Lucinda W. Eddy <br /> 7745 Indian Oaks Drive#H-310 <br /> Vero Beach, FL 32966 <br /> If to County: Indian River County <br /> 1840 25"'Street, Vero Beach,FL 32960 <br /> Attn: William M. Napier,Public Works Dept. <br /> Either party may change the information above by giving written notice of such change as provided <br /> in this paragraph. <br /> 8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, <br /> representation or warranty made in this Agreement by or on behalf of either party, or in any <br /> instruments delivered pursuant hereto or in connection herewith,shall survive the Closing Date and <br /> the consummation of the transaction provided for herein. The covenants, agreements and <br /> undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on <br /> only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor <br /> may they be relied upon,by any other person whatsoever. <br /> Standard Agreement—Indian River County and Lucinda W.Eddy 3 <br />
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