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2008-424
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2008-424
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Last modified
4/21/2016 10:46:04 AM
Creation date
10/1/2015 1:13:14 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/16/2008
Control Number
2008-424
Agenda Item Number
13.B.1
Entity Name
Timothy and Joshana Tynes
Subject
Mermaid Carwash 43rd Ave. expansion
Area
1935 43rd. Ave.
Supplemental fields
SmeadsoftID
8247
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8 . 3 Waiver and Release of Claims of Eminent Domain . This agreement represents the <br /> full and final satisfaction of any and all claims Seller may have in Eminent Domain <br /> with respect to the Property, fees and costs . <br /> 8 .4 Assignment and Binding Effect . Neither County nor Seller may assign their rights <br /> and obligations under this Agreement without the prior written consent of the other <br /> party . The terms hereof shall be binding upon and shall inure to the benefit of the <br /> parties hereto and their successors and assigns . <br /> $ . 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 <br /> facsimile transmission , as follows : <br /> If to Seller: Timothy E . Tynes and Joshana Tynes <br /> And Mermaid Carwash , Inc . <br /> 1935 43`d Avenue <br /> Vero Beach , FL 32960 <br /> If to Seller' s Attorney : Tileston , Simon and Holloway, P . A . <br /> David W . Holloway, Esq . <br /> 1711 Gunn Highway <br /> Odessa , FL 33556- 1909 <br /> If to County : Indian River County <br /> County Attorney's Office <br /> 1801 27`h Street <br /> Vero Beach , FL . 32960 <br /> Either party may change the information above by giving written notice of such <br /> change as provided in this paragraph . <br /> 8 . 6 Survival and Benefit. Except as otherwise expressly provided herein , each <br /> agreement , representation or warranty made in this Agreement by or on behalf of <br /> either party , or in any instruments delivered pursuant hereto or in connection <br /> herewith , shall survive the Closing Date and the consummation of the transaction <br /> provided for herein . The covenants , agreements and undertakings of each of the <br /> parties hereto are made solely for the benefit of, and may be relied on only by the <br /> other party hereto , its successors and assigns , and are not made for the benefit of, <br /> nor may they be relied upon , by any other person whatsoever. <br /> 8 . 7 Attorney's Fees and Costs . In any claim or controversy arising out of or relating to <br /> this Agreement, each party shall bear its own attorney' s fees , costs , and expenses . <br /> 8 . 8 . Counterparts, This Agreement maybe executed in two or more counterparts , each <br /> one of which shall constitute an original . <br /> 5 <br />
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