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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) <br />(a), the beneficial interest in any entity registered with the Federal Securities and <br />Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose <br />interest is for sale to the general public, is exempt from disclosure; and where the Seller <br />is a non-public entity, that Seller is not required to disclose persons or entities holding <br />less than five (5%) percent of the beneficial interest in Seller. <br />9. Lease -back: The County shall execute and deliver to Seller a lease of the <br />Property at the Closing. The term of the lease shall begin the day of the Closing and <br />end thirty (30) days prior to the County's start date on construction of CR 510 on the <br />Property, but in no event sooner than one (1) year after the Closing. The lease <br />payment shall be one dollar ($1.00) per year. <br />10. Wye River Farms, Inc. This Agreement is based on Indian River County's project <br />specifications attached hereto as composite Exhibit "B" and as said plans relate to the <br />parcel described in Exhibit "A" and the remainder being implemented by County. <br />Accordingly, if the project is not so implemented, Seller shall have the same remedies <br />as would have been afforded to them had the case been resolved by verdict with said <br />plans and specifications having been made a part of the record at trial. Central & <br />Southern Florida Flood Control District v. Wye River Farms, Inc., 297 So.2d 323 (Fla. <br />4th DCA 1974); cert. denied 310 So.2d 745 (Fla. 1975). This provision shall survive the <br />closing. <br />IN WITNESS WHEREOF, the undersigned have executed this Agreement as of <br />the date first set forth above. <br />SELLER: <br />INDIAN RIVER COUNTY, FLORIDA <br />BOARD OF COUNTY COMMIISSIONERS <br />By: BY: <br />Lydib K. Broxton Wesley S. Davis, CHAThTOh <br />Date Signed: <br />Date Signed: December 23, 2008 <br />Page 6 of 7 <br />