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2009-118
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2009-118
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Last modified
3/7/2016 12:00:44 PM
Creation date
10/1/2015 3:31:30 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/21/2009
Control Number
2009-118
Agenda Item Number
12.I.1
Entity Name
O'Neal Thomas Lester
Subject
Right of Way Acquisition 66th Ave. expansion
Area
7115 66th Ave.
Supplemental fields
SmeadsoftID
10612
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7 . 1 County shall pay the following expenses at Closing : <br /> 7 . 1 . 1 The cost of recording the warranty deed 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 warranty deed . <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 Permitted <br /> Exceptions , and to satisfy or release of record all existing mortgages , liens or <br /> encumbrances upon the Property . <br /> 8 , Miscellaneous . <br /> 8 . 1 Controlling Law , This Agreement shall be construed and enforced in accordance with <br /> the laws of the State of Florida . Venue shall be in Indian River County for all state <br /> court <br /> matters , and in the Southern District of Florida for all federal court matters . <br /> 8 . 2 Condemnation . In order for the County to proceed with its road expansion plans , the <br /> County needs to purchase property to be used as right- of-way from Seller . The County is <br /> prepared to take the Property by using its power of eminent domain . <br /> 8 . 3 Entire Agreement . This Agreement constitutes the entire agreement between the <br /> parties with respect to this transaction and supersedes all prior agreements , written or oral , <br /> between the Seller and the County relating to the subject matter hereof . Any modification or <br /> amendment to this Agreement shall be effective only if in writing and executed by each of the <br /> parties . <br /> 8 . 4 Assignment and Bing[ 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 their <br /> 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 : Collins , Brown , Caldwell , Barkett & Garavaglia , Chartered <br /> Barkett/O ' Neal , Thomas L . Jr . <br /> 756 Beachland Boulevard <br /> 4 <br />
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