2009-238 - Laserfiche WebLink

Home Browse Search

8 . 7 Attorney's Fees and Costs . In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attomey's fees , costs , and expenses . 8 . 8 Counterparts , This Agreement may be executed in two or more counterparts , each one of which shall constitute an original . 8 . 9 County Approval Required : This Agreement is subject to approval by Indian River County as set forth in paragraph 2 . 8 . 10 Beneficial Interest Disclosure : In the event SELLER is a partnership , limited partnership , corporation , trust , or any form of representative capacity whatsoever for others , SELLER shall provide a fully completed , executed , and swom beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286 .23 prior to approval of this Agreement by the COUNTY. However, pursuant to Florida Statutes Section 286 . 23 (3 ) ( a ) , the beneficial interest in any entity registered with the Federal Securities and Exchange Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose interest is for sale to the general public , is exempt from disclosure ; and where the SELLER is a non-public entity , that SELLER is not required to disclose persons or entities holding less than five ( 5 % ) percent of the beneficial interest in SELLER . 8 . 11 Lydia Broxton Remainder Tract: In further consideration of SELLER agreeing to this transaction , COUNTY consents to convey to SELLER the two remainder tracts highlighted in the color blue on Exhibit "C" attached hereto ( 35 ' X 60 ' and 50 ' X 60 ' ) previously owned by Lydia Broxton that were a portion of total takes by Indian River County . 9 . Wye River Farms, Inc. This Agreement is based on Indian River County' s project specifications attached hereto as composite Exhibit " D " and as said plans relate to the project and the remainder being implemented by County. Accordingly , if the project is not so implemented , Sellers shall have the same remedies as wouid have been afforded to them had the case been resolved by verdict iNith said plans and specifications having been made a part of the record at trial . Central & Southem Florida Flood Control District v. Wye River Farms, Inc. , 297 So . 2d 3230 ( Fla . 4th DCA 1974 ) ; cert. denied 310 So . 2d 745 ( Fla . 1975 ) . This provision shall survive the closing . IN WITNESS WHEREOF , the undersigned have executed this Agreement as of the date first set forth above . SELLER : 1 INDIAN RIVER COUNTY , FLORIDA BOARD F COUNTY COMMISSIONERS By: MarPakfivr Wesley S . Davis , Chairman Gua dian r Ivester Mowatt Date Signed : Date Signed : September 8 , 2009 Page 6 of 7