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2009-079
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2009-079
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Last modified
3/4/2016 10:55:22 AM
Creation date
10/1/2015 3:23:18 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/17/2009
Control Number
2009-079
Agenda Item Number
13.C.
Entity Name
Vista Properties of Vero Beach
Subject
Purchase Agreement Drainage Easement
66th Avenue expansion
Area
6600 20th Ave.
Supplemental fields
SmeadsoftID
10528
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available to advise the County as to the location of underground drainage and irrigation <br /> lines . <br /> 6 . Representations of the County . <br /> 6 . 1 The County affirms and warrants that a licensed engineer has calculated the <br /> amount of the additional drainage which will result from the Drainage Easement and has <br /> determined that there is sufficient capacity in the currently existing lakes to accommodate <br /> the stormwater runoff from 66th Avenue in its expanded condition . If a written report has <br /> been prepared for the County , the same shall be provided to the Seller prior to executing <br /> this contract . <br /> 6 . 2 The County certifies that the only stormwater runoff that will be drained onto Seller' s <br /> Property will be only that which is collected on 66th Avenue between State Road 60 and <br /> 26th Street . <br /> 6 . 3 The County will provide written confirmation from St . John ' s Water Management <br /> District that this proposed contract and the proposed additional stormwater runoff drainage <br /> will not violate the Seller' s existing St . John ' s Water Management District permit . <br /> 6 . 4 Upon completion of the project all drainage pipes will be completely submerged so <br /> that no pipe will be visible above the surface of the water during periods of normal water <br /> level as determined by the St . John ' s Water management District permit . <br /> 7 . Default . <br /> 7 . 1 In the event the County shall fail to perform any of its obligations hereunder , the <br /> Seller shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice <br /> delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor <br /> any other person or party shall have any claim for specific performance , damages , or <br /> otherwise against the County ; or ( ii ) waive the County ' s default and proceed to Closing . <br /> 7 . 2 In the event the Seller shall fail to perform any of its obligations hereunder , the <br /> County shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice <br /> delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor <br /> any other person or party shall have any claim for specific performance , damages or <br /> otherwise against the Seller ; or ( ii ) obtain specific performance of the terms and conditions <br /> hereof ; or ( iii ) waive the Seller' s default and proceed to Closing : <br /> 8 . Closing . <br /> 8 . 1 The closing of the transaction contemplated herein (" Closing " and " Closing Date " ) <br /> shall take place within 45 days of the Effective Date of this agreement . The parties agree <br /> that the Closing shall be as follows : <br /> ( a ) The Seller shall execute and deliver to the County a warranty deed conveying <br /> 4 <br />
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