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2007-026A
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2007-026A
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Last modified
4/22/2016 2:25:13 PM
Creation date
9/30/2015 10:32:44 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/23/2007
Control Number
2007-026A
Agenda Item Number
9.A.2
Entity Name
Lincoln Land Development,LLC
Subject
Option Agreement Sebastian Harbour
Area
Sebastian Harbour
Supplemental fields
SmeadsoftID
6088
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22 . SEVERABILITY. In the event any of the provisions of this Agreement are deemed <br /> to be unenforceable , the enforceability of the remaining provisions of this Agreement shall <br /> not be affected . <br /> 23 . SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's <br /> heirs , legal representatives , successors and assigns will be bound by it . Upon Purchaser's <br /> approval of this Agreement and Purchaser's exercise of the option , Purchaser and <br /> Purchaser's successors and assigns will be bound by it. Whenever used , the singular shall <br /> include the plural and one gender shall include all genders . <br /> 24 . ENTIRE AGREEMENT. This Agreement contains the entire agreement between <br /> the parties pertaining to the subject matter contained in it and supersedes all prior and <br /> contemporaneous agreements , representations , and understandings of the parties . No <br /> supplement, modification or amendment to this Agreement shall be binding unless <br /> executed in writing by the parties . <br /> 25 . WAIVER . Failure of Purchaser or Seller to insist upon strict performance of any <br /> covenant or condition of this Agreement, or to exercise any right herein contained , shall not <br /> be construed as a waiver or relinquishment for the future of any such covenant , condition <br /> or right ; but the same shall remain in full force and effect. <br /> 26 . AMENDMENTS . No modification , amendment or alteration hereto , shall be <br /> effective or binding upon any of the parties hereto until it has been executed by all of the <br /> parties hereto . <br /> 27 . ADDENDUM . Any addendum attached hereto that is signed by the parties shall be <br /> deemed a part of this Agreement. <br /> 28 . NOTICE . Whenever either party desires or is required to give notice unto the other, <br /> it must be given by written notice, and either delivered personally or mailed to the <br /> appropriate address indicated on the first page of this Agreement, or such other address as <br /> is designated in writing by a party to this Agreement. <br /> 29 . SURVIVAL. The covenants , warranties , representations, indemnities and <br /> undertakings of Seller set forth in this Agreement shall survive the closing , the delivery and <br /> recording of the deed described in paragraph 8 . of this Agreement and Local Government's <br /> possession of the Property. <br /> 30 . CONDITIONS PRECEDENT. The following are the conditions precedent for <br /> Purchaser to exercise the option granted under this Agreement: ( 1 ) Receipt of a Survey <br /> supporting the Purchase Price ; (2) Receipt of satisfactory environmental site <br /> assessment(s) as set forth herein , to include all successively required phases of <br /> environmental site assessments/audits; (3) Receipt of a satisfactory Survey; (4) The <br /> existence of no uncured Title Defects , except as otherwise set forth in this Agreement; (5) <br /> The receipt of an opinion of Bond Counsel for Indian River County that the exercise of the <br /> 6 <br />
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