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This document prepared by and return to : 11/9/04wcg(PWD)jwd <br /> Indian River County <br /> Public Works Department <br /> f 840 25a' Street <br /> Vero Beach, Fl . 32960 <br /> Therefore, at closing, the COUNTY shall pay to the DEVELOPER $ a o , g 9 n . t o <br /> by locally drawn certified check, cashier ' s check or wire transfer. <br /> 5 . Conveyance : Conveyance shall be made by statutory Warranty Deed, or by County Deed, as <br /> appropriate . <br /> 6 . Evidence of Title : Each party will be responsible to provide its own title insurance at its <br /> own expense as to the property it acquires . <br /> 7 . Costs : Other than title insurance, each party shall bear its own costs, including documentary <br /> stamps and recording fees, if any. <br /> s . Closing Dates This transaction will be closed on or before the thirtieth day following <br /> execution of the Developer' s Agreement and this Agreement by Indian River County, but not <br /> later than January 31 , 2005 , unless extended in writing by the parties . <br /> 9 . Property Condition : COUNTY and DEVELOPER acknowledge and agree that each will <br /> take title to the property in its present condition, "as is, where is , and with all faults" . <br /> 10 . Brokers : Neither COUNTY nor DEVELOPER has utilized the services of any brokers or <br /> licensed real estate professionals concerning this transaction. <br /> 11 . Attorney ' s Fees and Costs : If any dispute arises under the terms of this Agreement, the <br /> prevailing party shall be entitled to recover attorney' s fees and costs from the party not <br /> prevailing . <br /> 12 . Default: In the event transaction is not closed due to the default or failure on the partof <br /> either party to perform under the terms and conditions herein, the other party may seek <br /> specific performance, damages , or both. <br /> 13 . Waiver of Jury Trial: In the event of a dispute arising hereunder, COUNTY and <br /> 2 <br /> JAPlanning & Zoning\AGUERREVERE, ENRIQUE\Agreement to Exchange Real Property 1108 04 .wpd.doc <br />