2008-359 - Laserfiche WebLink

Home Browse Search

7 . Each of Baytree and Marbrisa acknowledge and agree to require their coastal engineering firm ; a ) sign the completion certificate that is required for final acceptance of the Dune Project in a timely manner; b ) promptly transmit the completed certificate of final completion to the County' s Project Manager; .and c) approve any and all contractor invoices as required in connection with the Dune Project and promptly transmit the approved contractor invoices to the County' s Project Manager, 8 . Any notice , request , demand , consent , approval or other communication required or permitted by this Agreement shall be given or made in writing and shall be served , as elected by -the party giving such notice , by any of the following methods : ( 1 ) Hand delivery to the other party ; or ( 2 ) Delivery by commercial overnight courier service ; or ( 3 ) Mailed by registered or certified mail ( postage prepaid ) , return receipt requested at the addresses of the parties shown below : Indian River County : Indian River County Public Works Department Attn : Mr: James Gray , Jr. 4375 43rd Ave . Unit 102 Vero Beach , Florida 32967 Baytree Condominium Association , Inc . : Attn : Mrs . Gayle LeGore 8384 Calamandren Way Vero Beach , Florida 32963 Marbrisa Homeowners Association , Inc . , Attn : Mr. Jerry Wilhelm , President c/o Elliott Merrill Community Management 835 20th Place Vero Beach , Florida 32960 9 . The validity , interpretation , construction , and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida , only . The location for settlement of any and all claims , controversies , or disputes , arising out of or relating to any part of this Agreement , or any breach hereof, as well as any litigation between the parties , shall be Indian River County, Florida for claims brought in state court , and the Southern District of Florida for those claims justiciable in federal court . 10 . This Agreement incorporates and includes all prior and contemporaneous negotiations , correspondence , conversations , agreements , and understandings applicable to the matters contained herein and the parties agree that there are no commitments , agreements , or understandings concerning the subject matter of this Agreement that are not contained herein . Accordingly , it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements , whether oral or written . It is further agreed that no modification , amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by all parties . 3