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2006-261
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2006-261
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Last modified
8/24/2016 10:48:07 AM
Creation date
9/30/2015 9:53:13 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/18/2006
Control Number
2006-261
Agenda Item Number
7.U.
Entity Name
Mercedes Homes, Inc.
Subject
purchase of Right-of-Way- Barber Street
Area
129 Bristol St.
Supplemental fields
SmeadsoftID
5749
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c ' <br /> . v <br /> 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 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 /> 7 .2 .2 Documentary Stamps required to be affixed to the warranty deed. <br /> 7. 3 The Seller and County shall each pay their own attorneys ' fee . <br /> 8 . 0 Miscellaneous. <br /> 8 . 1 Controlling Law. This Agreement shall be construed and enforced in accordance with the <br /> laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in <br /> the Southern District of Florida for all federal court matters. <br /> 8 .2 Condemnation. In the event that all or any part of the Property shall be acquired or <br /> condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation <br /> proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have <br /> the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, <br /> or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this <br /> Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; <br /> receiving, however, any and all damages, awards or other compensation arising from or attributable <br /> to such acquisition or condemnation proceedings . County shall have the right to participate in any <br /> such proceedings. <br /> 8 . 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 /> Seller and the County relating to the subject matter hereof. Any modification or amendment to this <br /> Agreement shall be effective only if in writing and executed by each of the parties . <br /> 8 .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 /> 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 /> F:\Engineering\Robert Webb\mercedeshomebristolydAgreement. loc <br />
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