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2009-127
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2009-127
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Last modified
3/7/2016 12:31:16 PM
Creation date
10/1/2015 3:32:51 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/05/2009
Control Number
2009-127
Agenda Item Number
8.T.
Entity Name
Herbert T. James Jr. Trustee of Herbert T James Revocable Trust-
Subject
Right of Way Acquisition 66th Avenue
Area
53rd. Street
Supplemental fields
SmeadsoftID
10621
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ORIGINAL <br /> If to Seller : <br /> Herbert T . James , Jr. , Trustee <br /> Herbert T . James , Jr. Revocable Trust - 1991 <br /> 819625 th Street <br /> Vero Beach , FL 32960 <br /> If to County . Indian River County <br /> 1801 27th Street <br /> Vero Beach , FL . 32960 <br /> Attn : Land Acquisition/Louise Gates <br /> Either party may change the information above by giving written notice of such change as <br /> provided 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 <br /> and 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 <br /> on only by the other party hereto , its successors and assigns , and are not made for the benefit <br /> of, nor 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 <br /> of 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 /> 8 . 10 Beneficial Interest Disclosure : In the event Seller is a partnership , limited partnership , <br /> corporation , trust , or any form of representative capacity whatsoever for others , Seller shall <br /> provide a fully completed , executed , and sworn beneficial interest disclosure statement in the <br /> form attached to this Agreement as an exhibit that complies with all of the provisions of Florida <br /> Statutes Section 286 . 23 prior to approval of this Agreement by the County . However , pursuant <br /> to Florida Statutes Section 286 . 23 ( 3 ) ( a ) , the beneficial interest in any entity registered with the <br /> Federal Securities and Exchange Commission , or registered pursuant to Chapter 517 , Florida <br /> Statutes , whose interest is for sale to the general public , is exempt from disclosure ; and where <br /> the Seller is a non - public entity , that Seller is not required to disclose persons or entities holding <br /> less than five ( 5 % ) percent of the beneficial interest in Seller . <br /> 8 . 11 Fees and Costs : County is willing to pay a reasonable attorney ' s fee to review the <br /> sale documents and provide legal advice as to the Seller' s best interests . <br /> 5 <br />
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