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2013-185
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2013-185
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Last modified
12/8/2015 1:40:20 PM
Creation date
10/1/2015 5:35:05 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Memorandum of Understanding
Approved Date
09/17/2013
Control Number
2013-185
Agenda Item Number
8.R.
Entity Name
Waterway Village Homeowners Assoc.
DiVosta Homes
Subject
Memorandum of Understanding
Landscaping Right of Way
Area
53rd Street
Supplemental fields
SmeadsoftID
12284
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permit or application fees which might otherwise be associated with work as <br /> described herein within the County right-of-way- <br /> 4 , This MOU may only be modified in writing by mutual agreement of both parties. <br /> 5 . To the extent allowed by law, the County agrees to hold harmless the Association <br /> from any liability which may arise from the Association ' s performance of the <br /> work described herein. <br /> 6 . The Association shall defend, hold harmless, and indemnify the County, including <br /> its County' s commissioners, employees, and agents from and against any and all <br /> claims , causes of action, losses, damages, expenses (including reasonable <br /> attorneys fees) and other liabilities of any type whatsoever, arising out of or <br /> relating to Association' s negligence, intentional misconduct, or violation of this <br /> MOU or applicable law. <br /> T General Liability Insurance : The Association shall obtain and keep in force a <br /> general liability insurance policy, occurrence based, with a general aggregate limit <br /> of no less than $300,000. 00 and a single occurrence limit of $200,000 .00 . The <br /> County shall be named as additional insured . <br /> Workers Compensation and Employees Liability : The Association shall ensure <br /> that any contractor or subcontractor providing labor pursuant to this <br /> Memorandum of Understanding shall maintain Workers Compensation in <br /> accordance with the laws of the State of Florida. <br /> Automobile Insurance : If applicable, the Association shall ensure that any <br /> contractor or subcontractor providing labor pursuant to this Memorandum of <br /> Understanding shall maintain Automobile Insurance in accordance with the laws <br /> of the State of Florida. <br /> 8 . This MOU may only be terminated by either party by providing ninety (90) days <br /> written notice to the other party at the appropriate address below: <br /> If to the Association : Waterway Village Homeowners Association, Inc . <br /> c/o Capital Realty Advisors, Inc. <br /> 600 Sandtree Drive, Suite # 109 <br /> Palm Beach Gardens, FL 33403 <br /> With a copy to : Bruce Barkett <br /> Collins, Brown, Caldwell, Barkett, <br /> Garavaglia & Lawn, Chartered <br /> P .O . Box 64-3686 <br /> Vero Beach, FL 32964-3686 <br /> If to the County: Indian River County <br /> J:\Bruce\clients\Divosta Homes, L.P\MEMORANDUM OF UNDERSTANDING 8 . 14. 13 clean.docx <br />
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