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2012-119
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Last modified
12/30/2015 10:03:30 AM
Creation date
10/1/2015 4:53:15 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Settlement Agreement
Approved Date
06/19/2012
Control Number
2012-119
Agenda Item Number
13.A.
Entity Name
Vista Plantation Association
Subject
Settlement Agreement 66th Avenue Project
Area
Vista Plantation Condominium NW Corner of SR 60 and 66th Avenue
Supplemental fields
SmeadsoftID
11653
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9 . 3 Entire Agreement. This Agreement constitutes the entire agreement <br /> between the Parties with respect to this transaction and supersedes all prior <br /> agreements , written or oral, between the Association and the County, relating to <br /> the subject matter hereof. Any modification or amendment to this Agreement <br /> shall be effective only if in writing and executed by each of the Parties .. <br /> 9 . 4 Assignment and Binding Effect. Neither County nor Association may <br /> assign its rights and obligations under this Agreement without the prior written <br /> consent of the other Party.. The terms hereof shall be binding upon and shall <br /> inure to the benefit of the Parties hereto and their successors and assigns . <br /> 9 . 5 Notices Any notice shall be deemed duly served if personally served <br /> or if mailed by certified mail, return receipt requested , or if sent via "overnight" <br /> courier service or facsimile transmission , as follows: <br /> If to Association : Vista Plantation Association , Inc. <br /> 49 Plantation Drive <br /> Vero Beach , FL 32966 <br /> Attn ; Manager and President <br /> If to County: Indian River County <br /> 180127" Street <br /> Vero Beach , FL 32960 <br /> Attn ; Public Works .Director <br /> Either Party may change the .information above by giving written notice of such, <br /> change as provided in this paragraph . <br /> 9 .6 Survival and Benefit. Except as otherwise expressly provided herein , <br /> each agreement, representation or warranty made in this Agreement by or on <br /> behalf . of either Party, or in any instruments delivered pursuant hereto , or in <br /> connection herewith , shall survive the Closing Date and the consummation of the <br /> transaction provided for herein . The covenants , agreements and undertakings of <br /> each of the Parties hereto are made solely for the benefit of, and may be relied. <br /> on only by the other Party hereto , its successors and assigns, and are not made <br /> for the benefit. of, nor may they be relied upon , by any other person whatsoever. <br /> 9 . 7 Attorney's Fees and Costs . In any claim or controversy arising out of or <br /> relating to this Agreement, . each .Party shall bear its own attorney's fees, costs <br /> and expenses; except where Florida law provides for prevailing party attorney <br /> fees in which case the latter shall control . <br /> 9 . 8 .. Counterparts. This Agreement may be executed in two or more <br /> counterparts , each one of which shall constitute an original . Each. Party shall <br /> deliver 2 fully executed originals to the other Party. <br /> 7 <br />
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