2008-098 - Laserfiche WebLink

Home Browse Search

16. The County may enter into agreements with third parties to develop and implement the Plan or to subcontract day-to-day management responsibilities upon the Property to private consultants or contractors, environmental, educational or governmental organizations and agencies consistent with the Plan; provided however, that any such third party agreements shall be subject to the prior written approval of District, which shall not be unreasonably withheld, and such third parties shall agree to comply with the terms and conditions of this Agreement. Any such agreements necessary for routine maintenance or previously agreed upon minor improvement of the Property shall not require District's written approval. All concessionaires, organizations and agencies shall be required to obtain from an insurance company licensed in the State of Florida and acceptable to the District liability or indemnity insurance providing for mutually acceptable minimum limits per person in any one claim, and aggregate limits for any number of persons or claims arising from any one incident and with respect to bodily injuries or death resulting therefrom, and for damage to property suffered or alleged to have been suffered by any person or persons resulting from operations under any agreement between either party and its concessionaires or organizations. The District shall be named as an additional insured for any such policies. 17. The District and the County and any other governmental entities involved in management - related activities on the Property shall, throughout the term of this Agreement, maintain in force a program of insurance or self-insurance covering their liabilities as prescribed by section 768.28, Florida Statutes. Nothing in this Agreement shall be construed as a waiver of the parties' sovereign immunity in excess of the waiver set forth in section 768.28, Florida Statutes, or any other provision of. law. The District's liability is further limited by recreational use immunity set forth in section 373.1395, Florida Statutes, and nothing in this Agreement shall be construed as a limitation upon the District's right to assert such immunity. The County shall not take any action that interferes with the application of such immunity. There shall be no charge for public recreational use of the Property. 18. During the term of this Agreement, the County shall pay all taxes (including, but not limited to, intangible personal property taxes and ad valorem taxes or special non -ad valorem assessments) that may be levied or assessed against the Property or the County's improvements and personal property. The County shall cause any third party management agreements to include a provision passing on the responsibility for payment of such taxes to third party managers or users, in which event the County shall monitor the third party manager to ensure that such taxes have been paid. The County may, at its own expense and in its own name and behalf or in the name and behalf of another party, contest any such taxes or special assessments. The District shall cooperate fully with the County in any such contest. 19. This Agreement may be terminated by either party for a material breach hereof. In such event, the terminating party shall give the non -terminating party not less than ninety (90) days written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. The non -terminating party shall have ninety (90) days to cure the breach, or such other time as agreed upon by the parties. If the non -terminating party fails to cure the breach within the specified time period, the terminating party shall issue a Termination for Page 5 of 9 North Sebastian Conservation Area Addition Management Agreement Draft