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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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increase or decrease to the extent that regulatory permitting is required, <br /> Corrigan agrees to secure any such additional permit. The conveyance into <br /> the District shall reflect the retention of these rights via a flowage easement . <br /> (C) Corrigan shall have an examination period of thirty (30) <br /> days from the effective date of the Agreement to inspect, analyze and approve <br /> all conditions governing Parcel 2. <br /> (D) The Warranty Deed from Corrigan to the District as to <br /> Parcel 1 shall include an assignment of Corrigan's" non-exclusive perpetual <br /> drainage and flowage easement" as to the Parcel 1 acreage, which was <br /> reserved by Corrigan in that certain Special Warranty Deed recorded on July <br /> 17, 2003 in Official Records Book 1615, Page 2157 , in Indian River County, <br /> Florida, reserving unto Corrigan the rights to continue the indicated uses. <br /> 31. This paragraph is intensionally omitted. <br /> 32. Assignment. The District may assign its right under this <br /> Agreement as to the purchase of Parcel 1, including Corrigan's reserved <br /> flowage rights for the benefit of Parcel 1, as described in paragraph 30(D). <br /> Such assignment shall not affect the Closing Date or any other provision of <br /> this Agreement, and any such assignment shall not release the District from <br /> any liability hereunder. <br /> 33 . Inadmissibility in Legal Proceedings. The parties agree that <br /> a portion of the consideration for this Agreement involves settlement of <br /> disputed claims, including the purchase by the District of the Hold Harmless <br /> Agreement provided for in paragraph 30(A) . In the event this Agreement <br /> does not result in a Closing for any reason, this Agreement shall not be <br /> admissible in any future legal proceedings regarding disputed claims by <br /> Corrigan involving alleged flooding of Corrigan lands . By entering into this <br /> Agreement the District does not make any admission, express or implied, as <br /> to the validity of any such claims. <br /> 34. Effective Date. For all purposes of this Agreement, the <br /> Effective Date hereof shall mean the date when the last of the Seller or the <br /> Buyer has executed the same, and that date shall be inserted at the top of the <br /> first page hereof. <br /> 35 . Nature of Transaction - Involuntary Conversion . Corrigan <br /> has advised the District that Corrigan plans to complete the transactions <br /> contemplated by this Agreement as a tax free exchange and involuntary <br /> conversion under Sections 1031 and 1033, respectively, of the Internal <br /> Revenue Code of 1956, as amended (the "Code"), and the applicable treasury <br /> regulations promulgated thereunder . The District agrees that it will <br /> cooperate in all reasonable ways to facilitate Corrigan's desire to effectuate <br /> said exchange and conversion . In that regard, each of the parties <br /> acknowledges and agrees that the transactions contemplated by this <br /> Agreement constitute the sale and exchange of the Corrigan's Property under <br /> threat or imminence of requisition or condemnation and a compulsory or <br /> involuntary conversion of Corrigan's Property. <br /> 14 <br /> 456 <br />
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