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2009-041
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2009-041
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Last modified
3/2/2016 1:16:58 PM
Creation date
10/1/2015 3:16:27 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Change Order
Approved Date
02/10/2009
Control Number
2009-041
Agenda Item Number
8.L.
Entity Name
Ocean Gate General Contractors
Subject
Change Order No.3 Wabasso Beach Park Restoration
Sanitary sewer connection Frost property
Area
Wabasso Beach Park
Project Number
0612
Supplemental fields
SmeadsoftID
10455
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6 . 2 Taxes . All taxes and special assessments which are a lien upon the property on or <br /> prior to the Closing Date (except current taxes which are not yet due and payable) <br /> shall be paid by the Seller . <br /> 7 . Closina Costs ; Expenses . County shall be responsible for preparation of all Closing <br /> documents . <br /> 7 . 1 County shall pay the following expenses at Closing : <br /> 7 . 1 . 1 The cost of recording the Easement and any release or satisfaction obtained by <br /> Seller pursuant to this Agreement. <br /> 7 . 1 . 2 Documentary Stamps required to be affixed to the Easement . <br /> 7 . 1 . 3 All costs and premiums for the owner's marketability title insurance commitment and <br /> Policy , if any . <br /> 7 . 2 Seller shall pay the following expenses at or prior to Closing : <br /> 7 . 2 . 1 All costs necessary to cure title defect( s ) or encumbrances , other than the <br /> Permitted Exceptions , and to satisfy or release of record all existing mortgages , liens or <br /> encumbrances upon the Easement . <br /> 8 . Miscellaneous , <br /> 8 . 1 Controllinq Law. This Agreement shall be construed and enforced in accordance <br /> with the laws of the State of Florida . Venue shall be in Indian River County for all state <br /> court matters , and in the Southern District of Florida for all federal court matters . <br /> 8 . 2 Entire Agreement . This Agreement constitutes the entire agreement between the <br /> parties with respect to this transaction and supersedes all prior agreements , written or <br /> oral , between the Seller and the County relating to the subject matter hereof. Any <br /> modification or amendment to this Agreement shall be effective only if in writing and <br /> executed by each of the parties . <br /> 8 . 4 Assi.. inment 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 <br /> terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and <br /> their successors 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: Anne Frost, as Trustee of the Anne Frost Irrevocable Trust <br /> 4 <br />
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