Laserfiche WebLink
7. Upon closing with Corrigan and closing on the District -County Exchange, the County and <br />the District shall file a Stipulation for Dismissal with FLWAC in substantially the same <br />form as provided in attached Exhibit H. <br />This Agreement shall become effective on the date when the last of the parties has <br />executed this Agreement, which date shall be inserted at the top of the first page hereof. <br />Any provision of this Agreement that by its nature requires action on the part of either <br />party after closing on the District -County Exchange shall survive the closing. <br />10. The District, as owner of the majority interest in the Property after the District -County <br />Exchange, shall be solely responsible for defending the title to the Property against third - <br />party claims and shall act with reasonable care in defending such title, including taking <br />appropriate and necessary action with regard to the title insurance policy the District has <br />obtained to insure its interest in the Property. This obligation shall not extend to the <br />exceptions to title listed in Section B -II of the District's current title policy, which have <br />been reviewed and accepted by the County. <br />11. This Agreement shall be enforceable in a court of competent jurisdiction. It is agreed that <br />venue shall lie in Indian River County because the Property is located in Indian River <br />County. This Agreement shall not be construed to preclude any applicable legal remedy <br />in law or equity, including specific performance. <br />12. The parties shall record a document in the public records of Indian River County, as <br />provided in Exhibit I, to provide notice of record that the Property is subject to the terms <br />and conditions of this Agreement and the use limitations provided for in the Plan. <br />13. This Agreement constitutes the entire agreement of the parties. There are no <br />understandings dealing with the subject matter hereof other than those contained herein. <br />This Agreement may not be modified, changed or amended, except in writing signed by <br />the parties or their authorized representatives. <br />14. This Agreement shall be construed and interpreted according to the laws of the State of <br />Florida. It shall not be construed more strictly against one party than against the other <br />merely by virtue of the fact that it may have been prepared by counsel for one of the <br />parties, it being recognized that the parties have contributed substantially and materially <br />to the preparation hereof. <br />