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2013-069
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2013-069
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Last modified
10/30/2015 11:26:31 AM
Creation date
10/1/2015 5:14:20 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Memorandum
Approved Date
04/02/2013
Control Number
2013-069
Agenda Item Number
8.K.
Entity Name
Sebastian Inlet District
Subject
Beach Nourishment Memorandum of Understanding
Beach Preservation Plan Habitat Conservation Plan
Area
Sebastian Inlet
Supplemental fields
SmeadsoftID
11846
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for restoring the beach , the District has the option to fund a portion of the restoration as the <br /> local cost-share . Quantities of sand taken from the inlet system or funded by the District <br /> will be calculated as a sand bypass volume credit . The County and the District will <br /> coordinate closely following emergency events to determine the most efficient and <br /> expeditious manner of beach protection . <br /> 7 . Notices. Any notice , request, demand , consent , approval or other <br /> communication required or permitted by this Agreement shall be given or made in writing <br /> and shall be served , as elected by the party giving such notice , by any of the following <br /> methods : ( 1 ) Hand delivery to the other party ; or (2 ) Delivery by commercial overnight <br /> courier service ; or ( 3) Mailed by registered or certified mail (postage prepaid ) , return <br /> receipt requested at the addresses of the parties shown below : <br /> Indian River County : <br /> Indian River County Public Works Department <br /> Attn : Public Works Director <br /> 180127 th Street <br /> Vero Beach , Florida 32960 <br /> Fax: (772) 778-9391 <br /> Sebastian Inlet District. <br /> Attn : Martin Smithson , Administrator <br /> 114 Sixth Avenue <br /> Indialantic , Florida 32903 <br /> Fax : (321 ) 951 -8182 <br /> Notices shall be effective when received at the address as specified above . Either party <br /> may change its address , for the purposes of this section , by written notice to the other <br /> party given in accordance with the provisions of this section . <br /> 8 . Govemina Law; Venue . The validity , interpretation , construction , and effect of <br /> this Agreement shall be in accordance with and governed by the laws of the State of <br /> Florida , only . The location for settlement of any and all claims , controversies , or disputes , <br /> arising out of or relating to any part of this Agreement, or any breach hereof, as well as any <br /> litigation between the parties , shall be Indian River County , Florida for claims brought in <br /> state court , and the Southern District of Florida for those claims justifiable in federal court. <br /> Because it is impossible to ascertain damages if either party should breach this <br /> agreement, the parties hereto are limited to bringing an action in the event of breach for <br /> specific performance <br /> 9 . Merger, modification. This Agreement incorporates and includes all prior and <br /> contemporaneous negotiations , correspondence , conversations , agreements , and <br /> understandings applicable to the matters contained herein and the parties agree that there <br /> are no commitments , agreements , or understandings concerning the subject matter of this <br /> Agreement that are not contained herein . Accordingly, it is agreed that no deviation from <br /> the terms hereof shall be predicated upon any prior representations or agreements , <br /> whether oral or written . It is further agreed that no modification , amendment, or alteration <br /> 4 <br />
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