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2015-064A
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2015-064A
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5. <br />project entrance of the completed project, which shall indicate that the DISTRICT contributed funds <br />for the PROJECT. The wording of the sign required by this paragraph shall be approved by the <br />DISTRICT's staff before construction and installation of said sign. This sign shall contain the <br />DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the <br />PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's <br />participation. For all other type projects, the PROJECT SPONSOR shall acknowledge the <br />DISTRICT where feasible, in concurrence with the DISTRICT staff's recommendations. <br />19. PROJECT MAINTENANCE - When and as applicable, the PROJECT SPONSOR <br />agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements <br />and will pay all expenses required for such purposes. The PROJECT improvements shall be <br />maintained in accordance with the standards of maintenance for other local facilities owned and <br />operated by project sponsor, and in accordance with applicable health standards. PROJECT <br />facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue <br />deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it <br />has full legal authority and financial ability to operate and maintain said PROJECT facilities and <br />improvements. <br />20. FEES — Any fees charged for this PROJECT shall be reasonable and the same for <br />the general public of all member counties. The PROJECT SPONSOR must demonstrate that a <br />minimum of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and <br />improvements throughout the anticipated 25 -year life of a development project or the design life of <br />other project types, as applicable. <br />21. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely <br />responsible for the wrongful acts of its employees, contractors and agents. However, nothing <br />contained herein shall constitute a waiver by either party of its sovereign immunity under Section <br />768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its <br />employees, commissioners and agents are solely providing funding assistance for the PROJECT and <br />are not involved in the design, construction, operation or maintenance of the PROJECT. <br />22. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to <br />inspect said PROJECT and any and all records related thereto at any time. <br />23. RIGHTS AND DUTIES - The rights and duties arising under this Agreement shall <br />inure to the benefit of and be binding upon the parties hereto and their respective successors and <br />assigns, and shall, unless the context clearly requires otherwise, survive completion of the <br />6 <br />
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