2011-032 - Laserfiche WebLink

Home Browse Search

If to County : Indian River County 1801 27th Street Vero Beach , FL 32960 Attn : Public Works Director Either party may change the information above by giving written notice of such change as provided in this paragraph . 9 . 6 Survival and Benefit . Except as otherwise expressly provided herein , each agreement , representation or warranty made in this Agreement by or on behalf of either party , or in any instruments delivered pursuant hereto or in connection herewith , shall survive the Closing Date and the consummation of the transaction provided for herein . The covenants , agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto , its successors and assigns , and are not made for the benefit of, nor may they be relied upon , by any other person whatsoever . 9 . 7 Attorney' s Fees and Costs . In any claim or controversy arising out of or relating to this Agreement , each party shall bear its own attorney' s fees , costs and expenses . 9 . 8 . Counterparts . This Agreement may be executed in two or more counterparts , each one of which shall constitute an original . 9 . 9 . County Approval Required : This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2 . 9 . 10 . Beneficial Interest Disclosure : Since Seller is a corporation Seller shall provide a fully completed , executed , and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of this Agreement by the County . However , pursuant to Florida Statutes Section 286 . 23 ( 3 ) ( a ) , the beneficial interest in any entity registered with the Federal Securities and Exchange Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose interest is for sale to the general public , is exempt from disclosure ; and where the Seller is a non - public entity , that Seller is not required to disclose persons or entities holding less than five ( 5 % ) percent of the beneficial interest in Seller . 9 . 11 Seller shall have the option to design a joint stormwater retention pond that meets the stormwater needs of both the Seller and the County . Any such joint stormwater retention pond shall be designed to have no adverse impacts to the County ' s 66th Avenue Project drainage . The County shall have the right to review and approve of the design of any joint stormwater retention pond . Any expansion of the County' s stormwater retention pond on Parcel 406 shall be at the Seller' s sole expense . The County and Seller shall grant each other any 5