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ive title to the Proerty * eement to the Closing of the transaction contemplated her ensaanon arising from or attribuptable Agr and all damages , awards or other comp receiving, however , any to such acquisition or condemnation proceedings . County shall have the right to participate in any such proceedings . tire agreement arties 8 . 3 Entire Af�re�nt• This Agreement constitutesthe en agreements , written or oral, between the with respect to this transaction and supersedes all p Seller and the County relating to the subject matter executed by each l off the piaems amendment to this Agreement shall be effective only if in writing and Y n � c; ment and Binding Effect. Neither County nor Seller may assign its rights and 864tiout prior p The terms obligations under this Agreement nure to the benefit of the parties her t hand their successors hereof shall be binding upon and shall and assigns . ot_ ices . Any notice shall be deemed duly served if personally served or if mailed. by g , s N certified mail , return receipt requested, or if sent via "overnight" courier service , as follows : If to Seller: Michael L . and Diana Ciemko 116043 rd Avenue Vero Beach, Florida 32960 If to County : Indian River County 1841 27th Street, Vero Beach, FL 32960 Attn: Bob Webb Land Acquisition change the information above by giving written notice of such change as provided may Either party in this paragraph. 8 , 6 Survival and Benefit . Except as otherwise expressly byeorlon beha fdherein, each of either partyagreement " green a}. representation or warranty made m this Agreementsurvive instruments delivered pursuant hereto or in connect f r herei ith, Thll covenants , losing D is and the consummation of the transaction provided be on undertakings of each of the parties hereto are made solely and for are not mlade fordthe benefitlofanor only by the other party hereto , its successors and g may they be relied upon, by any other person whatsoever . ut of or relating to this 8 . 7 Attorney' s Fees and Costs . In any claim or controversy arising o Agreement, each party shall bear Its own attorney ' s fees , costs and expenses . 868 . Counterparts • This Agreement may be executed in two or more counterparts , each one of which shall constitute an original . ent is subject to approval by Indian River County as 8 . 9 . County Approval Required : This Agreem set forth in paragraph 2 . 8 . 10 Beneficial Interest Disclosure : In the event whatsoever er is a r partners' Se ler shited all provide corporation, trust, or any form of representative capacity form to full completed, executed, and sworn beneficial in er st the iscl�o s onssure eof FloridaeStatutes S ctdion Y this Agreement as ro exhibit that complies Agreement by with all County . However, pursuant to Florida Statutes 286 . 23 prior to approval of this entity registered with the Federal Securities and Section 286 .23 (3 )(a) , the beneficial interest in any tY g Exchange Commission, or registered pursuant to Chaptledr`517 , Florida the1Selletr is sale to the general public , is exempas, whose interest g non publicentity, that t from disclosure , FA\Engineering\Robert Webb\43rd ave . capital\43rd Ave\43rd Ave_Land Acquisition\Parcel 160_Ciemko Michael\Purchase Agreement.Ciemko . 052009 .doc -