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2009-264
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Last modified
3/15/2016 12:07:11 PM
Creation date
10/1/2015 3:54:53 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/06/2009
Control Number
2009-264
Agenda Item Number
13.B
Entity Name
Janie Greene, Ellis and Kathleen Greene
Subject
Right of Way Acquisition 66th Avenue
Area
NE corner of 53rd St. and 66th Ave.
Supplemental fields
SmeadsoftID
10834
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10 . 2 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 Sellers 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 /> 10 . 3 Assignment and Binding Effect . Neither the County nor Sellers may assign their <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 . <br /> 10 . 4 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 Sellers : Janie E . Greene <br /> Ellis and Kathleen F . Greene <br /> 207538 th Avenue <br /> Vero Beach , Florida 32960 <br /> If to Sellers ' Attorney : Raymer F . Maguire III <br /> Fixel , Maguire & Willis <br /> 1010 Executive Center Drive <br /> Suite 121 <br /> Orlando , Florida 32803 <br /> If to County: Indian River County <br /> 1801 27t' Street <br /> Vero Beach , Florida 32960 <br /> Attn : Land Acquisition/Louise Gates <br /> Either party may change the information above by giving written notice of such change <br /> as provided in this paragraph . <br /> 10 . 5 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 /> 10 . 6 Attorney's Fees and Costs . In any claim or controversy arising out of or relating <br /> to this Agreement , each party shall bear its own attorney' s fees, costs , and expenses . <br /> Page 5 of 7 <br />
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