Laserfiche WebLink
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(1)). <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 />M <br />456 <br />