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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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If to Seller: Mercedes Homes Inc. <br /> 3585 SW Corporate PKWY <br /> Palm City, Fl . 34990 <br /> If to County: Indian River County <br /> 1840 25th Street, Vero Beach, FL 32960 <br /> Attn: Ron Callahan/En ineerina Division <br /> Either party may change the information above by giving written notice of such change as provided <br /> in this paragraph. <br /> 8 . 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 party, or in any <br /> instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and <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 /> 8 . 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 /> 8 . 8 . Counterparts. This Agreement may be executed in two or more counterparts, each one of <br /> which shall constitute an original. <br /> 8 . 9. County Approval Required: This Agreement is subject to approval by the Indian River <br /> County as set forth in paragraph 2 . <br /> 8 . 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 swom 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 /> Section 286.23 (3 )(a), the beneficial interest in any entity registered with the Federal Securities and <br /> Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for <br /> sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that <br /> Seller is not required to disclose persons or entities holding less than five (5 %) percent of the <br /> beneficial interest in Seller. <br /> 8 . 11 Special Conditions : County may at its own expense, obtain a boundary survey of the Exhibit <br /> "A" property. If the size of the property differs from the size shown on the tax map, County shall <br /> within fifteen ( 15) days following the Effective Date of this Agreement, determine whether or not <br /> the size difference substantially affects County' s planned use for the Property. If County determines <br /> that the size difference renders the Property unsuitable for County ' s planned use, County shall within <br /> said fifteen (15) days, terminate this Agreement by written notice to Seller, whereupon it shall be of <br /> no further force and effect. <br /> FAEngineering\Robert Webb\mercedeshomebristolydAgreement4loc <br />
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