2010-309 - Laserfiche WebLink

Home Browse Search

VI. Amendments - The parties may amend this Agreement only by mutual written agreement of the parties . VII. Assignment of Interest - Neither party will assign or transfer any interest in this Agreement without prior written consent of the other party . VIII. Insurance — County represents that it is self- funded or insured for liability insurance . MRC will procure and maintain insurance for its responsibilities on all St . Sebastian River Greenway assemblage properties throughout the entire term of this Agreement as described in Attachment C . IX. Permits - County is responsible to obtain and pay for all necessary permits , permit application fees, licenses or any fees required for development of the St . Sebastian River Greenway land assemblage except for the MRC parcels . X. Independent Contractor - In the performance of this Agreement , MRC is acting in the capacity of an independent contractor and not as an agent , employee , partner, joint venturer , or associate of the County . MRC is solely responsible for the means , method , technique , sequence , and procedure utilized by MRC in the full performance of this Agreement . XI. Project Records - All records relating in any manner whatsoever to the project, which are in the possession of MRC shall be made available to the County for inspection and copying upon written request of the County and shall be kept for a period of five ( 5 ) years after the completion of all work to be performed or as required by Chapter 1. 1. 9 , Florida Statutes (Public Records ) and schedules published by the Bureau of Archives and Records Management , whichever shall be greater . Additionally , said records shall be made available , upon request by the County to any State , federal , or other regulatory authorities and any such authority may review, inspect and copy such records , except as considered confidential under Chapter 119 , Florida Statutes , XII . FCT and Consistency with Bond Requirements - The Parties acknowledge and agree that : ( i ) if any properties subject to this MOA is also subject to FCT Requirements , should any inconsistencies occur, then the Parties will work together to resolve such inconsistencies so that the FCT Requirements will be met ; and ( ii ) the Property was purchased using bond proceeds from the tax exempt general obligation bonds issued by Indian River County and the use of the Property pursuant to this MOU must be consistent with the " bond covenants and restrictions " , including, without limitation , that any use of the Property must be open to the general public . XIII . Project 'Termination — The County may , at its sole discretion , terminate this Agreement upon ninety (90 ) days notice to the MRC . Upon termination of this agreement , both the MRC and the County shall be free of any obligation arising out of this agreement . - 4 - FACommunily Development\Users\ ROLAND\LAAC\ Russell - SSRG\Russell North Parcels MRC - County MOA . doe