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2009-238
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2009-238
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Last modified
3/14/2016 12:06:28 PM
Creation date
10/1/2015 3:50:14 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/08/2009
Control Number
2009-238
Agenda Item Number
13.A.
Entity Name
Dabner,Mary (Elvester B. Mowatt estate)
Subject
Right of Way acquisition CR510
Area
8540 64th Ave. Sebastian
Supplemental fields
SmeadsoftID
10789
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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 <br /> rights and obligations under this Agreement without the prior written consent of the <br /> other party . The terms hereof shall be binding upon and shall inure to the benefit of the <br /> parties hereto and their successors and assigns , including the Estate of Elvester B . <br /> Mowatt in the event Elvester B . Mowatt passes away before the closing of this <br /> agreement. <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 "overnight" courier service or <br /> facsimile transmission , as follows : <br /> If to SELLER : Mary Dabner, Guardian for Elvester Mowatt <br /> c/o Michael J . Swan , Esquire <br /> Rossway, Moore & Taylor <br /> 5070 North Highway Al <br /> Suite #200 <br /> Vero Beach , Florida 32963 <br /> If to SELLER` s Attorney : Fixel , Maguire & Willis <br /> 1010 Executive Center Dr. <br /> Suite 121 <br /> Orlando , Florida 32803 <br /> If to COUNTY : Indian River County <br /> 1840 25th Street <br /> Vero Beach , Florida 32960 <br /> Attn : Land Acquisition <br /> Either party may change the information above by giving written notice of such change <br /> as provided in this paragraph . <br /> 8 . 6 Survival and Benefit . Except as otherwise expressly provided herein , each <br /> agreement, representation or warranty made in this Agreement by or on behalf of either <br /> party, or in any instruments delivered pursuant hereto or in connection herewith , shall <br /> survive the Closing Date and the consummation of the transaction provided for herein . <br /> The covenants , agreements and undertakings of each of the parties hereto are made <br /> solely for the benefit of, and may be relied on only by the other party hereto , its <br /> successors and assigns , and are not made for the benefit of, nor may they be relied <br /> upon , by any other person whatsoever. <br /> Page 5 of 7 <br />
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