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2011-226
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2011-226
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Last modified
2/17/2016 1:03:48 PM
Creation date
10/1/2015 4:56:37 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/01/2011
Control Number
2011-226
Agenda Item Number
8.M.
Entity Name
Beatty, Byron & Coleen
Subject
Right of Way purchase agreement 66th Ave. expansion
Area
North side of 12th St. Intersection 66th Ave.
Supplemental fields
SmeadsoftID
11669
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Original <br /> 8A 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 <br /> terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and <br /> their successors and assigns . <br /> 8 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed <br /> by certified mail , return receipt requested , or if sent via "overnight" courier service or <br /> facsimile transmission , as follows : <br /> If to Seller: Byron H . and Colleen M . Beatty <br /> 81566 th Avenue <br /> Vero Beach , FL 32966 <br /> If to County: Indian River County <br /> 1801 27th Street <br /> Vero Beach , FL . 32960 <br /> Attn : Land Acquisition/Louise Gates <br /> Either party may change the information above by giving written notice of such change as <br /> provided in this paragraph . <br /> 8 . 6 Survival and Benefit. Except as otherwise expressly provided herein , each <br /> agreement , representation or warranty made in this Agreement by or on behalf of either <br /> party , or in any instruments delivered pursuant hereto or in connection herewith , shall <br /> survive the Closing Date and the consummation of the transaction provided for herein . <br /> The covenants , agreements and undertakings of each of the parties hereto are made <br /> solely for the benefit of, and may be relied on only by the other party hereto , its successors <br /> and assigns , and are not made for the benefit of, nor may they be relied upon , by any other <br /> person whatsoever. <br /> 8 . 7 Attorney's Fees and Costs . In any claim or controversy arising out of or relating to <br /> this 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 <br /> one of which shall constitute an original . <br /> 8 . 9 . County Approval Required : This Agreement is subject to approval by the Indian <br /> River County as set forth in paragraph 2 . <br /> 8 . 10 Beneficial Interest Disclosure : In the event Seller is a partnership , limited <br /> partnership , corporation , trust, or any form of representative capacity whatsoever for <br /> others , Seller shall provide a fully completed , executed , and sworn beneficial interest <br /> disclosure statement in the form attached to this Agreement as an exhibit that complies <br /> with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of this <br /> Agreement by the County. However, pursuant to Florida Statutes Section 286 . 23 (3) (a) , <br /> the beneficial interest in any entity registered with the Federal Securities and Exchange <br /> Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose interest is for <br /> 5 <br />
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