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2024-071
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2024-071
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Last modified
4/4/2024 11:44:20 AM
Creation date
4/4/2024 11:43:23 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/19/2024
Control Number
2024-071
Agenda Item Number
10.A.2.
Entity Name
Mod Units LLC
Subject
Economic Development Ad Valorem Tax Exemption Agreement
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11. Transfer of Property Subject to Exemption. Business shall notify County of any transfer <br />of real or personal property subject to the Exemption, within thirty (30) days of such transfer. <br />12. Form of Notice. Any notice hereunder shall be in writing and delivered by (a) certified <br />mail, return receipt requested, (b) overnight or priority mail, in a form providing proof of receipt, or (c) <br />hand delivery, with a written acknowledgment of receipt by the recipient. <br />13. Interpretation. This Agreement has been submitted for equal review and scrutiny by both <br />parties, and both parties agree that it fairly and accurately sets forth the terms of their agreement. In <br />any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation <br />without consideration or weight being given to the fact that it was initially prepared or drafted by any <br />particular party. <br />14. Severability. Each provision of this Agreement is deemed to be separate and divisible. If <br />any provision shall be held invalid, the remaining provisions shall remain in full force and effect. <br />15. Governing Law. This Agreement shall be governed by and interpreted in accordance with <br />the laws of the State of Florida. <br />16. Jurisdiction and Venue. Exclusive jurisdiction for any proceedings arising out of or <br />relating to this Agreement shall be in the circuit court of the State of Florida. Venue shall be in Indian <br />River County, Florida. <br />17. Attorney's Fees, etc. In any legal proceedings arising out of or relating in any way to this <br />Agreement, the prevailing party shall recover from the non -prevailing party all fees, costs, and expenses, <br />including, without limitation, reasonable attorney's fees at all trial, appellate, and collection levels. <br />18. Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY WAIVES <br />TRIAL BY JURY OF ANY ISSUE ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT. ALL <br />SUCH ISSUES SHALL BE RESOLVED BY NON -JURY TRIAL. <br />Page 4 of 5 <br />
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