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2017-013
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2017-013
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Last modified
1/26/2017 10:51:15 AM
Creation date
1/26/2017 10:51:14 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/24/2017
Control Number
2017-013
Agenda Item Number
8.G.
Entity Name
Divosta Homes
Subject
Transit Station License Agreement
49th St. Bus Shelter
Area
49th St .Lakes at Waterway Village
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Section 9 - Notices. Any notice, request, demand, approval, consent or other <br /> communication which Licensor or Licensee may be required or permitted to give to the other <br /> party shall be in writing and shall be mailed or hand delivered to the other party at the addresses <br /> set forth below: <br /> If to Licensor: DiVosta Homes, L.P. <br /> 1400 Indian Creek Parkway <br /> Jupiter, FL 33458 <br /> Attn: Brent Baker <br /> If to Licensee: Executive Director <br /> Go Line Transit System <br /> c/o Senior Resource Association, Inc. <br /> 694 14th Street <br /> Vero Beach, FL 32960 <br /> or to such other address as either party shall have designated by notice to the other pursuant to <br /> this paragraph. The time of the rendition of such notice shall be one of the following: (1) two (2) <br /> days after same is deposited in an official United States Post Office with postage prepaid, and <br /> with certified or registered mail, return receipt requested; (2) the date of when same is hand <br /> delivered; or,(3) the date delivered by overnight courier with confirmation of delivery required. <br /> Section 10 - Authorization. Licensor and Licensee hereby represent and warrant to the <br /> other that as of the date of this Agreement, the undersigned are duly authorized to execute this <br /> Agreement on behalf of Licensor and Licensee, respectively. <br /> Section 11 - Choice of Law; Venue. This Agreement and the provisions contained <br /> herein shall be construed, controlled, and interpreted in accordance with the laws of the State of <br /> Florida. Venue for any dispute arising as a result of this Agreement shall be Indian River <br /> County. <br /> Section 12 - Compliance. Licensee agrees to comply with all applicable laws, rules, <br /> codes, and/or other regulation governing such operation; obtain any and all necessary consents or <br /> approvals, and to display same as required by any law, rule, code, or regulation. <br /> Section 13 - Attorneys' Fees. In connection with any legal proceedings arising out of <br /> this Agreement, the prevailing party shall be entitled to recover its costs, expenses, attorney and <br /> paralegal fees, including without limitation, those incurred whether or not litigation is <br /> commenced, and also those incurred at trial and in any administrative, arbitration, mediation, <br /> bankruptcy or appellate proceedings. <br /> Section 14 - Time of the Essence. Time is of the essence of the Agreement. <br /> Section 15 - Severability. If any sentence, phrase, paragraph, provision or portion of this <br /> Agreement is for any reason held invalid or unconstitutional by any court of competent <br /> jurisdiction, such holding shall not affect the validity of the remaining portion hereto. <br /> WPBDOCS 9023418 2 3 <br />
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