2010-120 - Laserfiche WebLink

Home Browse Search

12. Indian River Farms Water Control District Ripht-Of-Way: Indian River Farms Water Control District ("District") is in possession of right-of-way which traverses Waterway Village, and which is more particularly described on Composite Exhibit "D" attached hereto and made a part hereof ("District Right -of -Way"). The Developer and the District have entered into an agreement ("Agreement") which provides that the District shall convey title to the District Right -of -Way to the County, to be held in escrow, until the County can comply with the terms of this paragraph. The County hereby agrees to convey to the Developer, by County deed, if appropriate, or by abandonment to the Developer as the adjacent property owner, the District Right -of -Way, as part of the consideration of this Amended Agreement. The Developer shall be responsible for obtaining its own title insurance, and any costs associated with said conveyance, including surveys, documentary stamps, or recording fees. If the County is unable to convey title to the District Right -of -Way to the Developer by September 8, 2006, then the Developer shall have the option to direct the Escrow Agent under the Agreement, to return the deed for the District Right -of -Way back to the District and return to the Developer the Purchase Price held in escrow under the Agreement. The County's conveyance of the District Right -of -Way to the Developer shall be a release of any interest the County has in the District Right -of -Way. 13. Attachment to Amended and Restated Development Order: Upon approval and execution by the Developer and the County, this Amended Agreement shall be attached as an exhibit to the Amended and Restated Development Order, in accordance with the terms of the Amended and Restated Development Order. 14. Failure to Perform: If the Developer fails to perform its obligations as set forth in this Amended Agreement, the County shall give the Developer written notice of such failure and a sixty day opportunity to cure, provided that if such failure cannot reasonably be cured within such sixty day period and the Developer shall have commenced to cure such failure within such sixty day period and thereafter diligently and expeditiously proceeds to cure the same, such sixty day period shall be extended for so long as it shall reasonably require the Developer in the exercise of due diligence to cure such failure. Upon the failure of the Developer to timely cure its failure to perform its obligations in accordance herewith, then the County shall have the option of electing to seek specific performance of such obligations or to treat the vesting for traffic concurrency provided for in Subsection 3.A. above as terminated. 15. Miscellaneous: A. In the event of any litigation arising out of this Amended Agreement, the prevailing party shall recover attorneys' fess and costs for the non -prevailing party. B. No amendment, modification, change, or alteration of this Amended Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto. RM:7031940:9 Page 10 of 14