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2010-138
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2010-138
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Last modified
2/16/2016 11:12:05 AM
Creation date
10/1/2015 1:33:39 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/01/2010
Control Number
2010-138
Agenda Item Number
8.O.
Entity Name
Nadeau, Raymond
Subject
Purchase Agreement, Recorded Deed
Area
66th Avenue, 4th - 12th Streets
Supplemental fields
SmeadsoftID
9216
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8 . 0 Miscellaneous . <br /> 8 . 1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws <br /> of the State of Florida. Venue shall be in Indian River County for all state court matters , and in <br /> the Southern District of Florida for all federal court matters . <br /> 8 . 2Condemnation. In the event that all or any part of the Property shall be acquired or condemned <br /> for any public or quasi -public use or purpose , or if any acquisition or condemnation proceedings <br /> shall be threatened or begun prior to the Closing of this transaction, County shall have the option to <br /> either terminate this Agreement, and the obligations of all parties hereunder shall cease , or to <br /> proceed , subject to all other terms, covenants , conditions , representations and warranties of this <br /> Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property ; <br /> receiving, however, any and all damages , awards or other compensation arising from or attributable <br /> to such acquisition or condemnation proceedings . County shall have the right to participate in any <br /> such proceedings . <br /> 8 . 3 Entire Agreement . This Agreement constitutes the entire agreement between the parties with <br /> respect to this transaction and supersedes all prior agreements, written or oral , between the Seller <br /> and the County relating to the subject matter hereof. Any modification or amendment to this <br /> Agreement shall be effective only if in writing and executed by each of the parties . <br /> 8 . 4 Assignment and BindingENeither County nor Seller may assign its rights and obligations <br /> under this Agreement without the prior written consent of the other party . The terms hereof shalt be <br /> binding upon and shall inure to the benefit of the parties hereto and their successors and assigns . <br /> 8 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed by certified <br /> mail , return receipt requested, or if sent via " overnight" courier service , as follows : <br /> If to Seller : Raymond Nadeau <br /> 4881 Jorgensen Road <br /> Fort Pierce , FL 34981 <br /> If to County : Indian River County <br /> 1801 27 ` ' Street, Vero Beach , FL 32960 <br /> Attn : Bob Webb Land Acquisition <br /> Either party may change the information above by giving written notice of such change as provided <br /> in this paragraph . <br /> 8 . 6 Survival and Benefit . Except as otherwise expressly provided herein , each agreement, <br /> representation or warranty made in this Agreement by or on behalf of either party , or in any <br /> instruments delivered pursuant hereto or in connection herewith , shall survive the Closing Date and <br /> the consummation of the transaction provided for herein . The covenants , agreements and <br /> undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on <br /> only by the other party hereto , its successors and assigns , and are not made for the benefit of, nor <br /> may they be relied upon , by any other person whatsoever . <br /> 8 . 7Attorney ' s Fees and Costs . In any claim or controversy arising out of or relating to this <br /> Agreement, each party shall bear its own attorney ' s fees , costs and expenses . <br /> 8 . 8 . Counterparts . This Agreement maybe executed. in two or more counterparts , each one of which <br /> shall constitute an original . <br /> F :AGngineering\Robert Webb\66th ave south\Nadeau4thstcorner5ippurchaseagree. doc <br />
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