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2008-108
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2008-108
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Last modified
2/13/2017 4:18:48 PM
Creation date
10/1/2015 12:04:33 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/08/2008
Control Number
2008-108
Agenda Item Number
10.A.3
Entity Name
St. Johns River Water Management District
SJRWMD
Subject
Assignment,Settlement, and Covenant Appeal Corrigan family
Sand Lakes tract
Area
Sand Lakes Tract
Project Number
Case # WMD-07-017
Supplemental fields
SmeadsoftID
6956
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demands of whatever nature, whether for personal injury or death of <br /> employees or loss of or damage to personal property, and hereby assumes full <br /> responsibility for any accident, death, dismemberment, temporary or <br /> permanent disability resulting to any servants, agents or designated <br /> employees as a result of the authorization granted by this Agreement. <br /> ( 4) Buyer further agrees, to the extent allowed by law, to <br /> indemnify and hold harmless Seller, its successors or assigns , from any <br /> liability, costs and expenses, attorneys' fees, due to injury to or death of any <br /> person or persons, whomsoever, including employees, agents or <br /> representatives of the parties hereto, or third persons, or for any loss or <br /> damage to property arising from or in connection with the use or occupancy <br /> of Seller's property, or from ingress or egress from this Property. <br /> (5) Should Buyer engage any other party to perform this work, <br /> the responsibilities of Buyer will be equally applicable should any property <br /> damage, injury or death occur to any person or persons as a result of actions <br /> of that third party. <br /> (6 ) Notwithstanding anything in this Paragraph 8 below to the <br /> contrary, the .parties agree that both Corrigan and the District have <br /> previously received and been provided a Phase I Environmental Site <br /> Assessment of the Property under previously contemplated transactions, and <br /> the parties agree to be reasonable in their review of any new Environmental <br /> Assessments and not object to matters shown therein unless the same are <br /> new matters that did not appear in the prior Assessments . <br /> (C) Pryor to the closing date, a Phase I Environmental Site <br /> Assessment of Parcel 1 of the Property may be completed by the Buyer , The <br /> Assessment shall be addressed to the Buyer or shall be certified as being for <br /> the benefit of the Buyer as well as the Seller, entitling Buyer to rely on the <br /> report to the same extent as the Seller. Any subsequent amendments and/or <br /> reports relating to the property shall also be for the benefit of and delivered <br /> to the Buyer. The District has provided to Corrigan a Phase I Environmental <br /> Site Assessment, which said site assessment was previously performed on <br /> Parcel 2 . Corrigan agrees to close on the exchange based upon that report. <br /> If the Level I Environmental Audit reveals areas of environmental concern <br /> that warrant further investigation, the Buyer may, with Seller' s consent, or <br /> Seller may commence an appropriate Phase II Environmental Assessment <br /> within 30 days of receipt of the Phase I Environmental Audit, utilizing <br /> methods and access accommodations as provided in Section 7(B)( 1) of this <br /> Agreement. The Seller shall participate with Buyer in the development of <br /> the objectives of the Environmental Assessment(s) and any subsequent <br /> environmental surveys that may be necessary in defining the scope of the <br /> issues to be addressed in such reports, In the event Seller fails to consent to <br /> Buyer obtaining the Phase 11 Assessment, or fails to obtain its own Phase II <br /> Assessment, Buyer may terminate this Agreement and have no further <br /> obligations hereunder. <br /> 6 <br /> 448 <br />
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