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2009-172
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2009-172
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Last modified
3/9/2016 1:32:48 PM
Creation date
10/1/2015 3:38:26 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/09/2009
Control Number
2009-172
Agenda Item Number
13.A.
Entity Name
Gary D. Brown
Subject
Right of Way purchase 66th Ave. expansion
Area
53rd. St. and 66th Ave.
Supplemental fields
SmeadsoftID
10698
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10 . 7 Counterparts , This Agreement may be executed in two or more counterparts , <br /> each one of which shall constitute an original . <br /> 10 . 8 County Approval Required : This Agreement is subject to approval by the Indian <br /> River County as set forth in paragraph 2 . <br /> 10 . 9 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 236 . 23 prior to approval of this <br /> Agreement by the County . However , pursuant to Florida Statutes Section 286 . 23 ( 3 ) <br /> ( a ) , the beneficial interest in any entity registered with the Federal Securities and <br /> Exchange Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose <br /> interest is for sale to the general public , Is exempt from disclosure ; and where the Seller <br /> is a non - public entity , that Seller is not required to disclose persons or entities holding <br /> less than five ( 5 % ) percent of the beneficial interest in Seller . <br /> 11 , Wye River Farms. Inc. This Agreement is based on Indian River County' s project <br /> specifications attached hereto as composite Exhibit " B" and as said plans relate to <br /> Parcels No . 119 and the remainder being implemented by County . Accordingly , if the <br /> project is not so implemented , Sellers shall have the same remedies as would have <br /> been afforded to them had the case been resolved by verdict with said plans and <br /> specifications having been made a part of the record at trial . Central & Southem Florida <br /> Flood Control District v. Wye River Farms, Inc. , 297 So . 2d 323 ( Fla . 4th DCA 1974 ) ; <br /> cert. denied 310 So . 2d 745 ( Fla . 1975 ) . This provision shall survive the closing . <br /> IN WITNESS WHEREOF , the undersigned have executed this Agreement as of <br /> the date first set forth above . <br /> SELLER : INDIAN RIVER COUNTY , FLORIDA <br /> BOA1 OF COU ! 41"Y COMMISSIONERS <br /> By : <br /> ary D . Brown , Trustee Wesley S . Davis , Chairman <br /> Date Signed :.•` / 't Date Signed : _ June 9 . 2CC9 __.. � .._ <br /> A r • v%ed as to for an I t sufficiency : Attest : J . K . Barton , Clerk <br /> By iv4, <br /> William K . DeBraal Deputy Clerk <br /> Deputy County Attorney Date Signed : June 9 , 20()9 <br /> 52 -0?- 1041 /403\20 <br /> Page 6 of 6 <br />
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