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2022-107
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2022-107
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7/13/2022 3:12:12 PM
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6/24/2022 12:18:49 PM
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If COMPANY seeks the Community Development Director's consent for a <br />Transfer, COMPANY shall submit to the Community Development Director a <br />written request therefore, accompanied by the following documentation: (i) the <br />name, address, and telephone number of the proposed Transferee; (ii) a description <br />of the business and jobs, including wages, to be created in COUNTY; and (iii) a <br />financial statement or other reasonably detailed financial information concerning <br />the proposed Transferee. If the Community Development Director withholds the <br />consent to Transfer, COMPANY may appeal to the County Administrator. If the <br />County Administrator withholds the consent to Transfer, COMPANY may appeal <br />to the Board of County Commissioners. COMPANY acknowledges and agrees <br />that: (a) the County Administrator or his designee, or the Indian River County <br />Board of County Commissioners, has the right to request any additional <br />information deemed necessary to make the decision relating to consent to the <br />Transfer; and (b) if appealed to the Board of County Commissioners such request <br />for a Transfer is expressly subject to the approval of the Transfer by the Board of <br />County Commissioners, and such Transfer shall become effective only when <br />signed by the Transferee and approved by the Board, which consent shall not be <br />unreasonably withheld. <br />The foregoing covenant shall be binding on the permitted successors or assigns of <br />COMPANY. The prohibition on Transfers shall not prohibit a change in the form <br />in which COMPANY conducts business. COMPANY will be released from further <br />liability under this Agreement in the event of an approved Transfer; provided that <br />the COUNTY's consent to any Transfer will not otherwise relieve COMPANY <br />from any pre-existing obligation to COUNTY under this Agreement. <br />15. Conflict of Interest. COMPANY represents that it presently has no interest and <br />shall acquire no interest, either direct or indirect, which would conflict in any <br />manner with the performance of services required hereunder, as provided for in <br />Florida Statutes Part III, Chapter 112. COMPANY further represents that no <br />person having any interest shall be employed for said performance. <br />16. Notices. All notices required in this Agreement shall be sent by certified mail, <br />return receipt requested and if sent to COUNTY shall be mailed to: <br />Community Development Director <br />Indian River County <br />1801 270i Street <br />Vero Beach, Florida 32960 <br />and if sent to COMPANY shall be mailed to (or current, official address): <br />1991 740i Ave., Suite B <br />Vero Beach FL 32966 <br />17. Entire Agreement. COUNTY and COMPANY agree that this Agreement sets forth <br />the entire Agreement between the parties, and that there are no promises or <br />understandings other than those stated herein. None of the provisions, terms and <br />-9- <br />
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