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7 . Prorations . All taxes and special assessments which are a lien upon the property on or <br /> prior to the Closing Date (except current taxes which are not yet due and payable) shall be <br /> paid by the Seller. If the Closing Date occurs during the time interval commencing on <br /> November 2 and ending on December 31, Seller shall pay all current real estate taxes and <br /> special assessments levied against the Property, prorated based on the ' ' due date " of such <br /> taxes established by the taxing authority having jurisdiction over the Property. If the Closing <br /> Date occurs between January 1 and November 1 , the Seller shall, in accordance with Florida <br /> Statutes Section 196. 29.5, pay an amount equal to the current real estate taxes and <br /> assessments, prorated to the Closing Date. <br /> 8 . Miscellaneous. <br /> 8 . 1 Controlling Law. This Agreement shall be construed and enforced in accordance with <br /> the laws of the State of Florida. Venue shall be in Indian River County for all state court <br /> matters, and in the Southern District of Florida for all federal court matters . <br /> 8 .2 Convevance in Lieu of Eminent Domain . It is understood by the parties that this contract <br /> is entered by SELLER under the threat and in lieu of condemnation. <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 . <br /> The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto <br /> and their successors and assigns . <br /> 8 . 5 Notices . Any notice shall be deemed duly served if personally served or if mailed <br /> by certified mail, return receipt requested, or if sent via "ovemight" courier service or <br /> facsimile transmission, as follows : <br /> If to Seller: Lucien Clark <br /> 324 12'h Street Gulf <br /> Marathon, FL 33050 <br /> If to County : Indian River County <br /> 1801 27`h Street, Vero Beach, FL 32960 <br /> Attn : Pamela Stewart, Land Acquisition Manager <br /> Either party may change the information above by giving written notice of such change as provided <br /> in this paragraph. <br /> 8 . 6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, <br /> representation or warranty made in this Agreement by or on behalf of either party, or in <br /> any instruments delivered pursuant hereto or in connection herewith, shall survive the <br /> Closing Date and the consummation of the transaction provided for herein. The <br /> covenants, agreements and undertakings of each of the parties hereto are made solely for <br /> 3 <br /> F:\Engineering\Robert Webb\lclarkpuragree.doc <br />