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2014-051A
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2014-051A
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Last modified
11/17/2015 9:35:51 AM
Creation date
10/1/2015 6:03:49 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/15/2014
Control Number
2014-051A
Agenda Item Number
8.G.
Entity Name
Atelier Architecture Engineering Construction
Subject
Archie Smith Fish House Restoration
Area
1740 N. Indian River Drive Sebastian
Supplemental fields
SmeadsoftID
13111
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Page 21 of 23 <br /> 4. Suspension period. Suspensions will remain in effect until the Grantee has taken corrective action <br /> to the satisfaction of the Department or given written evidence satisfactory to the Department that <br /> corrective action will be taken, or until the Department terminates the grant. The grant shall be <br /> terminated by the Department if the Grantee fails to respond in writing to a notification of <br /> suspension within thirty (30) calendar days of receipt of such notification by the Grantee. <br /> B . Termination. . Termination is the cancellation of grant assistance, in whole or in part, under a grant or <br /> project at any time prior to the date of completion. <br /> 1 . Termination for cause. The Department shall have the authority to cancel this Agreement because of <br /> failure of the Grantee to fulfill its obligations under this Agreement or any other past or present <br /> grant award agreement with the Division of Historical Resources or any other Division within the <br /> Department of State . Satisfaction of obligations by the Grantee shall be determined by the <br /> Department. The Department shall provide the Grantee a written notice of default letter. The <br /> Grantee shall have fifteen ( 15) calendar days to cure the default, unless it is determined by the <br /> Department that the default is of a nature that cannot be cured. If the default is not cured by the <br /> Grantee within the stated period, the Department shall terminate this Agreement. Notice shall be <br /> sufficient if it is delivered to the party personally or mailed to its specified address. In the event of <br /> termination of this Agreement, the Grantee will be compensated for any work satisfactorily <br /> completed in accordance with this Agreement prior to notification of termination. <br /> 2. Termination for convenience. The Department or the Grantee may terminate the grant in whole or <br /> in part when both parties agree that the continuation of the Project would not produce beneficial <br /> results commensurate with the further expenditure of funds. The two parties will agree upon the <br /> termination conditions, including the effective date, and in the case of partial terminations, the <br /> portion to be terminated . <br /> 3 . Termination by Grantee . The Grantee may unilaterally cancel the grant at any time prior to the first <br /> payment on the grant although the Department must be notified in writing prior to cancellation. <br /> After the initial payment, the Project may be terminated, modified, or amended by the Grantee only <br /> by mutual agreement of the Grantee and the Department. Request for termination prior to <br /> completion must fully detail the reasons for the action and the proposed disposition of the <br /> uncompleted work. <br /> 4. Commitments . When a grant is terminated, the Grantee will not incur new obligations for the <br /> terminated portion after the notification of the effective date of termination. The Grantee will cancel <br /> as many outstanding obligations as possible. The Department will allow full credit to the Grantee <br /> for the Department's share of the noncancelable obligations properly incurred by the Grantee prior <br /> to termination . Costs incurred after the effective date of the termination will be disallowed. <br /> XIX. Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau of <br /> Historic Preservation, Division of Historical Resources, Florida Department of State, R. A. Gray Building, 500 <br /> South Bronough Street, Tallahassee, Florida 32399-0250, for the Department, and to 180127s Street, <br /> Administrative Building A, Vero Beach, Florida 32960 for the Grantee. Unless the Grantee has notified the <br /> Department in writing by return receipt mail of any change of address, all notices shall be deemed delivered if <br /> sent to the above address. <br /> XX. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or <br /> increases the limits of its liability, upon entering into this contractual relationship. <br /> X7Q.This instrument and the Attachments hereto embody the whole Agreement of the parties. There are no <br /> provisions, terms, conditions, or obligations other than those contained herein; and this Agreement shall <br /> supersede all previous communications, representations or agreements, either verbal or written, between the <br /> parties. No change or addition to this Agreement and the Attachments hereto shall be effective unless in <br /> writing and properly executed by the parties. <br /> All written approvals referenced in this Agreement must be obtained from the parties ' grant administrators or their <br /> designees. The Department and the Grantee have read this Agreement and the Attachments hereto and have affixed <br /> their signatures : <br /> DOS Form No. HR3 El 208GAASM <br /> Weren - <br /> Were= Rule IA 39. 009(1)(b), FRC <br />
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