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2008-107
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2008-107
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Last modified
3/29/2016 10:43:37 AM
Creation date
10/1/2015 12:03:41 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/08/2008
Control Number
2008-107
Agenda Item Number
8.LLL
Entity Name
Banack Family Ltd.
Subject
Land Purchase 66th Avenue Expansion
Area
SW corner of 66th Ave. and 57th St.
Supplemental fields
SmeadsoftID
6953
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IIV . V I II I . V <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 eFall "ereundep shall ceaseo v, to proceed , subject to all uther tenrits, <br /> t <br /> covenants, conditions , representations and warranties of this Agreement, to the Closing of <br /> the transaction contemplated hereby and receive title to the Property; receiving , however, <br /> any and all damages , awards or other compensatfon arising from or attributable to such <br /> acquisition or condemnation proceedings. County shall have the right to participate in any <br /> 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 blotices, 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: The Banack Family Ltd, Partnership <br /> 6125 Atlantic Blvd. <br /> Vero Beach, FL. 32966 <br /> If to Seller's Attorney: Fixel, Maguire & Willis <br /> 1010 Executive Center Dr. <br /> Suite 121 <br /> Orlando, FL, 32803 <br /> 5 <br />
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