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2008-256
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2008-256
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Last modified
4/8/2016 11:38:00 AM
Creation date
10/1/2015 12:29:19 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/19/2008
Control Number
2008-256
Agenda Item Number
8.M.
Entity Name
David Eldell and Alfredia Bender
Subject
Right of Way Acquisition CR 510 Project
Area
5730 85th St.
Project Number
0610
Supplemental fields
SmeadsoftID
7528
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ORIGINAL <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: David Eldell and Alfredia Bender <br /> POB 700574 <br /> Wabasso , FL 32970-0574 <br /> If to County : Indian River County <br /> 1801 27th Street <br /> Vero Beach , FL . 32960 <br /> Attn : Land Acquisition/Louise Gates <br /> Either party may change the information above by giving written notice of such change as <br /> provided in this paragraph . <br /> 8 . 6 Survival and Benefit . Except as otherwise expressly provided herein , each <br /> agreement , representation or warranty made in this Agreement by or on behalf of either <br /> party , or in any instruments delivered pursuant hereto or in connection herewith , shall <br /> survive the Closing Date and the consummation of the transaction provided for herein . <br /> The covenants , agreements and undertakings of each of the parties hereto are made <br /> solely for the benefit of, and may be relied on only by the other party hereto , its successors <br /> and assigns , and are not made for the benefit of, nor may they be relied upon , by any other <br /> person whatsoever. <br /> 8 . 7 Attorney's Fees and Costs . In any claim or controversy arising out of or relating to <br /> this Agreement , each party shall bear its own attorney' s fees , costs , and expenses . <br /> 8 . 8 . Counterparts . This Agreement may be executed in two or more counterparts , each <br /> one of which shall constitute an original . <br /> 8 . 9 . County Approval Required : This Agreement is subject to approval by the Indian <br /> River County as set forth in paragraph 2 . <br /> 8 . 10 Beneficial Interest Disclosure : In the event Seller is a partnership , limited <br /> partnership , corporation , trust , or any form of representative capacity whatsoever for <br /> others , Seller shall provide a fully completed , executed , and sworn beneficial interest <br /> disclosure statement in the form attached to this Agreement as an exhibit that complies <br /> with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of this <br /> Agreement by the County . However, pursuant to Florida Statutes Section 286 . 23 (3) (a) , <br /> the beneficial interest in any entity registered with the Federal Securities and Exchange <br /> 5 <br />
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