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2008-008
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2008-008
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Last modified
3/21/2016 9:53:57 AM
Creation date
9/30/2015 11:51:55 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/08/2008
Control Number
2008-008
Agenda Item Number
7.DD
Entity Name
Sarah E. Fender
Subject
Purchase Agreement
Area
8525 US Highway 1 Sebastian
Supplemental fields
SmeadsoftID
6827
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8 . 1 Controlline Law. This Agreement shall be construed and enforced in accordance with the <br /> laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in <br /> the Southern District of Florida for all federal court matters . <br /> 8 .2 Condemnation. In the event that all or any part of the Property shall be acquired or <br /> condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation <br /> proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have <br /> the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, <br /> or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this <br /> Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; <br /> receiving, however, any and all damages, awards or other compensation arising from or attributable <br /> to such acquisition or condemnation proceedings. County shall have the right to participate in any <br /> such proceedings . <br /> 8 . 3 Entire Agreement. This Agreement constitutes the entire agreement between the parties <br /> with respect to this transaction and supersedes all prior agreements, written or oral, between the <br /> Seller and the County relating to the subject matter hereof. Any modification or amendment to this <br /> Agreement shall be effective only if in writing and executed by each of the parties . <br /> 8 .4 Notices. Any notice shall be deemed duly served if personally served or if mailed by <br /> certified mail , return receipt requested, or if sent via "overnight" courier service, as follows: <br /> If to Seller: Sarah E. Fender <br /> 8801 S . Indian River Drive <br /> Ft. Pierce, FL 33450 <br /> If to County: Indian River County <br /> 1801 27"' Street, <br /> Vero Beach, FL 32960 <br /> Attn : Pamela Stewart, Land Acquisition Manager <br /> Either party may change the information above by giving written notice of such change as provided <br /> in this paragraph. <br /> 8 . 5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, <br /> representation or warranty made in this Agreement by or on behalf of either party, or in any <br /> instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and <br /> the consummation of the transaction provided for herein. The covenants, agreements and <br /> undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on <br /> only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor <br /> may they be relied upon, by any other person whatsoever. <br /> 8 .6 Attorney' s Fees and Costs. In any claim or controversy arising out of or relating to this <br /> Agreement, each party shall bear its own attorney' s fees, costs and expenses . <br /> 8 .7. Counterparts. This Agreement may be executed in two or more counterparts, each one of <br /> which shall constitute an original. <br /> 8 . 8 . County Approval Required: This Agreement is subject to approval by Indian River County as <br /> set forth in paragraph 2 . <br /> 3 <br />
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