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2003-317
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2003-317
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Last modified
12/19/2016 2:14:04 PM
Creation date
9/30/2015 7:08:33 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/18/2003
Control Number
2003-317
Agenda Item Number
11.J.1
Entity Name
Indian River Industrial Center
Subject
Right of Way Acquisition
Area
41st St. between 43rd. and 58th Ave.
Archived Roll/Disk#
3208
Supplemental fields
SmeadsoftID
3533
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r <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 Assignment and Binding Effect . Neither County nor Seller may assign its rights and <br /> obligations under this Agreement without the prior written consent of the other party. The terms <br /> hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors <br /> and assigns . <br /> 8 . 5 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 or facsimile <br /> transmission , as follows : <br /> If to Seller: Seller: Indian River Industrial Center, Inc . (Jeff Thompson) <br /> Address : 2307 Seville Avenue <br /> City, State , Zip : Vero Beach , Florida 32960 <br /> If to County: Indian River County <br /> 1840 25th Street, Vero Beach , FL 32960 <br /> Attn : _Ron Callahan/En in�g Division <br /> Either party may change the information above by giving written notice of such change as provided <br /> in this paragraph . <br /> 8 . 6 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 . 7 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 . 8 . Counterparts . This Agreement may be executed in two or more counterparts , each one of <br /> which shall constitute an original . <br /> 8 . 9 . County Approval Required: This Agreement is subject to approval by the Indian River <br /> County as set forth in paragraph 2 . <br /> Standard Agreement to Purchase and Sell 3 <br /> Real Estate — Indian River Industrial Center, Inc. <br /> Parcel ID No. 28-32-39-00001 -0060-00001 . 0 <br />
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