2012-016 - Laserfiche WebLink

Home Browse Search

IV A 7r77 VIV VV IV 0 41 vvvv Vero South in order to have a code enforcement lien being placed on Vero South ' s common property. The County is not obligated to deviate from their normal practices or use foreclosure proceedings to attempt to satisfy its code enforcement lien . 5 . It is anticipated that Vero South will fail to make the necessary financial arrangements to satisfy the costs of the Project or satisfy the code enforcement lien whether by loan , special assessment or other means . Given that the code enforcement process may take an extended Vi period of time to result in an enforceable lien, the Barketts agree to begin and prosecute any reasonable available legal or equitable means to collect the cost of construction of the Project from Vero South and/or any of its landowners in order to pay for the costs of construction of the Project . 6 . The parties agree that if either of them collect any funds from Vero South or its property IV owners in payment of the costs of the Project, the parties shall share the funds equally. The party receiving the funds shall advise the other within three business days of receipt of the funds and after deposit of the funds and having the clear the depositor ' s bank, shall remit one IV I half of the amount of the funds received to the other within ten business days . 7 . Upon completion of the Project, Vero South shall continue to be responsible for maintenance of the Project and their property . 8 . The parties further agree that by completing the Project, the County is acting in the health, safety and welfare of its citizens . Repair of the culvert will insure the residents of the 16 unit South Vero townhomes will have safe ingress and egress , that police , fire and other emergency responders will be able to respond to a call in a timely manner and the business owners and their customers will be able to safely access the locations in order to maintain their livelihoods . 9 . In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs . 10 . No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto . 11 . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors , and assigns . 12 . This Agreement contains the entire agreement and understanding between the parties . No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any party hereto . F :\Attorney\BiMDevelopers Agreements\Barkett South Vero Culvert Rep3r Agreement. doc Ik 13 f ^ { $ 4 > l i a . ,. 3✓ ,e . . . ,�' . . . .. . . . ,. r. . �. . , . . , .. . - _ .: ., , .... ., , . . . _ .. . . . tet, . . a . Y