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persons, which the County has the right to limit to those families who have relatives buried at the <br />Oslo Cemetery. <br />5. Modifications. This Gift Agreement may be amended only by a written <br />instrument executed and acknowledged by the Owner and County, and owners of any parcels <br />benefiting from and burdened by any easement or easements, or rights or duties related thereto, <br />being modified in any way by such amendment. <br />6. Venue. The venue of any litigation arising out of the Agreement shall be in Indian <br />River County, Florida. <br />7. Value. Owner shall convey the Property without any representations or warranties <br />regarding headstones, grave plates, fixtures or improvements. Owner shall obtain from a <br />qualified, independent appraiser a good faith estimate of the Property's value as a cemetery. <br />8. Governing Law. The laws of the State of Florida shall govern this Gift <br />Agreement. Any provisions of this Gift Agreement which shall prove to be invalid, void or <br />illegal shall in no way affect, impair or invalidate any other provisions hereof. <br />9. Burial rights. of Jane Grey -Benitez. The Owner and County hereby agree that <br />Jane Gregory -Benitez lka Jane Louise Gregory and her husband Bonifacio "Ben" Benitez or any <br />other two unnamed family members that Jane Louise. Gregory -Benitez may designate shall have <br />full burial rights with respect to the two plots on the Property indicated by the blue rectangular <br />area of Exhibit "C" hereto. Burial rights to two plots may later be relocated within the Property <br />by the written agreement of Jane Gregory -Benitez, or Owner if Jane Gregory -Benitez is <br />Mabe <br />deceased, and the County. �y cohtM/SS <br />INDIAN RIVER COUNTY Do OF /on✓�� ', <br />COUNTY COMMISSIONEfi <br />Michael W. Gregory, M.D., individually Bob Solari, Chairman°•�92'• o����• <br />d/b/a Oslo Cemetery, Inc., <br />unincorporated <br />Approved by BCC 12-18-18 <br />Attest <br />Jeffrey R. Smith, Clerk of Circuit Court <br />and Comptroller <br />l� • <br />B: <br />Deputy Clerk <br />Approved as to Form and Legal Sufficiency <br />r <br />ylan emgold <br />County Attorney <br />-2- <br />02073544.x1 <br />