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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 . 7 Counterparts , This Agreement may be executed in two or more counterparts , <br /> each one of which shall constitute an original . <br /> 10 . 8 County Approval Required : This Agreement is subject to approval by Indian River <br /> County as set forth in paragraph 2 . <br /> 10 . 9 Beneficial Interest Disclosure : In the event Sellers are a partnership , limited <br /> partnership , corporation , trust , or any form of representative capacity whatsoever for <br /> others , Sellers shall provide a fully completed , executed , and sworn beneficial interest <br /> disclosure statement in the form attached to this Agreement as an exhibit that complies <br /> with all of the provisions of Florida Statutes Section 286 . 23 prior to approval of this <br /> Agreement by the County . However, pursuant to Florida Statutes Section 286 . 23 ( 3 ) <br /> ( a ) , the beneficial interest in any entity registered with the Federal Securities and <br /> Exchange Commission , or registered pursuant to Chapter 517 , Florida Statutes , whose <br /> interest is for sale to the general public , is exempt from disclosure ; and where the <br /> Sellers are a non-public entity , that Sellers are not required to disclose persons or <br /> entities holding less than five ( 5 % ) percent of the beneficial interest in Sellers . <br /> 11 . Driveway Connections : In order that trucks , trailers and other agricultural <br /> equipment can safely ingress/egress the property , the County agrees to be responsible <br /> for the following : twenty-four foot (24' ) driveway constructed at Station 509 + 90 . 22 on <br /> 53 Id Street and a twenty-four foot (24 ' ) driveway constructed just west of the southeast <br /> corner of the remainder property . Daniel L . Morris , P . E . , of Morris Engineering, Inc . , <br /> has prepared a sketch depicting the location of the proposed center of the driveway <br /> connection at Station 509 + 90 . 22 . See attached Exhibit " C" . <br /> 12 . Grandfather Clause : The County shall document in a separate letter or <br /> document Sellers' right to divide the remainder property into four single family residence <br /> parcels even though none of the parcels will be the minimum five acres required by <br /> current zoning . <br /> 13 . Artesian Well , The County hereby agrees to be responsible for the artesian well <br /> that exists in the area of taking . The artesian well has a turn valve installed but no other <br /> equipment exists . If the County intends to cap the well , County agrees to do so at its <br /> own expense and will relieve Sellers from any liability associated with the well . <br /> 14 . Wye River Farms , Inc. This Agreement is based on Indian River County' s project <br /> specifications and as said plans relate to Parcel Nos . 165 and 166 and the remainder <br /> being implemented by the County . Accordingly , if the project is not so implemented , <br /> Sellers shall have the same remedies as would have been afforded to them had the <br /> case been resolved by verdict with said plans and specifications having been made a <br /> part of the record at trial . Central & Southern Florida Flood Control District v. Wye River <br /> Farms, Inc. , 297 So . 2d 323 ( Fla . 4th DCA 1974) ; cert. denied 310 So . 2d 745 ( Fla . <br /> 1975 ) . This provision shall survive the closing. <br /> Page 6 of 7 <br />
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