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12/16/2014 (6)
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12/16/2014 (6)
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3/10/2021 10:01:46 AM
Creation date
3/23/2016 9:07:36 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
12/16/2014
Meeting Body
Board of County Commissioners
Book and Page
321
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H:\Indian River\Network Files\SL00000H\S0004S5.tif
SmeadsoftID
14301
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20. 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 />21. 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 />22. 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 />PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder <br />without the express prior written consent of the DISTRICT. <br />23. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be <br />deemed a waiver of any other breach of the same or different provision. <br />24. NOTICE - Any notice required to be given pursuant to the terms and provisions of <br />this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return receipt <br />requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be <br />effective on the date indicated on the return receipt. <br />To the DISTRICT at: <br />Florida Inland Navigation District <br />1314 Marcinski Road <br />Jupiter, Florida 33477-9498 <br />To the PROJECT SPONSOR at: <br />Indian River County <br />Attention: Chief of Environmental Planning, Community Development <br />1801 27th Street Bldg A <br />Vero Beach, FL 32960 <br />25. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is <br />that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to <br />be, an agent, partner, or joint venturer with the PROJECT SPONSOR. <br />6 <br />143 <br />
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