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2009-027
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2009-027
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Last modified
3/2/2016 9:39:47 AM
Creation date
10/1/2015 1:19:09 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/03/2009
Control Number
2009-027
Agenda Item Number
8.R.
Entity Name
Edward and Leona Peterson
Subject
Temporary Construction Easement
Area
4311 9th Pl.
Supplemental fields
SmeadsoftID
8567
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receiving, however, any and all damages, awards or other compensation arising from or attributable <br /> to such acquisition or condemnation proceed <br /> such proceedings . ngs . County shall have the right to participate in any <br /> 4 . 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 /> Any modification or amendment to this <br /> Seller and the County relating to the subject matter hereof <br /> Agreement shall be effective only if in writing and executed by each of the parties . <br /> 4 . 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 /> 4 . 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, as follows : <br /> If to Seller: Edward and Leona Peterson 33 - 39 - 09 -00008 - 0070- 00001. . 0 <br /> 4311 9th Place <br /> Vero Beach, Florida 32966 <br /> If to County: Indian River County <br /> 180127" Street, Vero Beach , FL 32960 <br /> Attn : Bob Webb Land Acquisition <br /> Either party may change the information above by giving written notice of such change as provided <br /> in this paragraph. <br /> 4 . 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 <br /> instruments delivered pursuant hereto or in connection herewithin <br /> , shall survive the Closiyin� g Date anor d <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 /> 4 . 7 Attorney ' s Fees and Costs In any claim or controversy arising out of or relating to this <br /> Agreement, each party shall bear its own attorney ' s fees, costs and expenses . <br /> 4 . 8 . Counterparts . This Agreement may be executed in two or more counterparts , each one of <br /> which shall constitute an original . <br /> 4 . 9 . County Approval Required : This Agreement is subject to approval by Indian River County as <br /> set forth in paragraph 2 . <br /> 4 . 10 Beneficial Interest Disclosure : In the event Seller is a partnership, limited partnership, <br /> corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a <br /> fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to <br /> this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section <br /> 286 . 23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes <br /> F:Tngineering\Robert Webb�iotice to owner\petersonPurchase � greement. 43rd . doc <br />
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