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2020-072
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2020-072
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Last modified
3/1/2021 2:57:50 PM
Creation date
4/21/2020 3:58:02 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/14/2020
Control Number
2020-072
Agenda Item Number
8.C.
Entity Name
Chane, Alan and Abbe
Subject
Agreement to Purchase and Sell Real Estate
Right-of-Way Purchase
Warranty Deed
Area
5776 37th Street
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7.1.3 All costs and premiums for the owner's marketability title insurance commitment and <br />policy, if any. <br />7.2. All costs necessary to cure title defect(s) or encumbrances, other than the Seller <br />Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or <br />encumbrances upon the Property. <br />8. Miscellaneous. <br />8.1 Controlling Law. This Agreement shall be construed and enforced in accordance <br />with the laws of the State of Florida. Venue shall be in Indian River County for all state <br />court matters, and 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 <br />condemnation proceedings shall be threatened or begun prior to the Closing of this <br />transaction, County shall have the option to either terminate this Agreement, and the <br />obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, <br />covenants, conditions, representations and warranties of this Agreement, to the Closing of <br />the transaction contemplated hereby and receive title to the Property; as well as receiving, <br />however, any and all damages, awards or other compensation arising from or attributable <br />to such acquisition or condemnation proceedings. County shall have the right to participate <br />in any such proceedings. <br />8.3 Entire Agreement. This Agreement constitutes the entire agreement between the <br />parties with respect to this transaction and supersedes all prior agreements, written or <br />oral, between the Seller and the County relating to the subject matter hereof. Any <br />modification or amendment to this Agreement shall be effective only if in writing and <br />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 <br />terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and <br />their 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 />If to Seller: Alan Chane and Abbe Chane <br />780 231d Avenue <br />Vero Beach, FL 32962 <br />If to County: Indian River County <br />1801 27th Street <br />Vero Beach, FL. 32960 <br />Attn: Land Acquisition/Monique Filipiak <br />Fax Number: (772) 778-9391 <br />4 <br />
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