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2015-211
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Last modified
3/31/2017 8:54:25 AM
Creation date
11/5/2015 1:10:54 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/03/2015
Control Number
2015-211
Agenda Item Number
8.H.
Entity Name
Ineos New Planet Bioenergy LLC
Subject
Right of Way property
Area
Oslo Road (9th Street SW) to 12th Street
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Original <br />7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller <br />pursuant to this Agreement. <br />7.1.2 Documentary Stamps required to be affixed to the warranty deed. <br />7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, <br />if any. <br />7.2 Seller shall pay the following expenses at or prior to Closing: <br />7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted <br />Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances <br />upon the Property. <br />8. Miscellaneous. <br />8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the <br />laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and <br />in the Southern District of Florida for all federal court matters. <br />8.2 Condemnation. In the event that all or any part of the Property shall be acquired or <br />condemned for any public or quasi -public use or purpose, or if any acquisition or condemnation <br />proceedings shall be threatened or begun prior to the Closing of this transaction, County shall <br />have the option to either terminate this Agreement, and the obligations of all parties hereunder <br />shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and <br />warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive <br />title to the Property; receiving, however, any and all damages, awards or other compensation <br />arising from or attributable to such acquisition or condemnation proceedings. County shall have <br />the right to participate in any such proceedings. <br />8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties <br />with respect to this transaction and supersedes all prior agreements, written or oral, between the <br />Seller and the County relating to the subject matter hereof. Any modification or amendment to <br />this Agreement shall be effective only if in writing and executed by each of the parties. <br />8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and <br />obligations under this Agreement without the prior written consent of the other party. The terms <br />hereof shall be binding upon and shall inure,, to the benefit of the parties hereto and their <br />successors and assigns. <br />8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by <br />certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile <br />transmission, as follows: <br />4 <br />
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