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2015-243
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2015-243
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Last modified
3/31/2017 10:25:20 AM
Creation date
12/17/2015 10:57:24 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/15/2015
Control Number
2015-243
Agenda Item Number
8.N.
Entity Name
Florida Inland Navigation District
Subject
Archie Smith Fish House Phase IIA
Dock Restoration
Area
Archie Smith Fish House
Project Number
IR-15-62
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or <br />public dedication ceremony for the PROJECT facility. <br />9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records <br />supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the <br />Final Payment is released by the DISTRICT, except that such records shall be retained by the <br />PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or <br />special audit that starts prior to the expiration of the three-year retention period. <br />10. DEFAULT AND REMEDIES — In the event of a breach of any of the terms of this <br />Agreement by the PROJECT SPONSOR, the DISTRICT shall provide written notice to the <br />PROJECT SPONSOR, which shall have sixty (60) days in which to cure the breach. If the <br />PROJECT SPONSOR fails to cure the breach within the cure period, the DISTRICT shall have the <br />right, but not the obligation, to demand that the PROJECT SPONSOR immediately refund the <br />ASSISTANCE AMOUNT to the extent paid, . PROJECT SPONSOR shall refund the full amount <br />of the ASSISTANCE AMOUNT to DISTRICT, whereupon this Agreement, and all further rights <br />thereunder, shall be terminated. If the DISTRICT does not demand reimbursement as aforesaid, the <br />DISTRICT may exercise any and all other remedies available at law or in equity. With respect to <br />the PROJECT SPONSOR's obligations under Sections 15, 17 and 20, PROJECT SPONSOR <br />acknowledges that breach by PROJECT SPONSOR of one or more of its obligations under said <br />sections might cause the DISTRICT to suffer irreparable harm, namely harm for which damages <br />would be an inadequate remedy. PROJECT SPONSOR further acknowledges that the DISTRICT <br />might suffer irreparable harm due to delay if as a condition to obtaining an injunction, restraining <br />order, or other equitable remedy with respect to such a breach the DISTRICT were required to <br />demonstrate that it would suffer irreparable harm. The parties therefore intend that if the PROJECT <br />SPONSOR breaches one or more of its obligations under Sections 15, 17 or 20, the DISTRICT, in <br />addition to such other remedies which may be available, shall have the right to seek specific <br />performance and injunctive relief. and for purposes of determining whether to grant an equitable <br />remedy any court will assume that the breach would cause the DISTRICT irreparable harm.. The <br />provisions of this section shall survive completion of the PROJECT. <br />11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is <br />hereby designated as the DISTRICT's Project Manager for the purpose of this Project Agreement <br />and shall be responsible for monitoring performance of its terms and conditions and for approving <br />all reimbursement requests prior to payment. <br />
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