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06/7/2016 (3)
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06/7/2016 (3)
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Last modified
4/29/2025 12:09:04 PM
Creation date
9/29/2016 10:25:07 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
06/07/2016
Meeting Body
Board of County Commissioners
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Section I1 —Liability <br />11.01 Liability for Damage or In ury: The County shall not be responsible for any loss, <br />damage or injury which may be sustained by any party or persons at the Premises other than the <br />damage or injury caused solely by the negligence of the County. <br />11.02 The League is an Independent Operator: Except for when it is inconsistent with the <br />Little League Charter Rules, the League is, and shall be at all times, an independent operator that <br />is responsible to all parties for all of its acts or omissions. <br />Section 12 — Insurance <br />12.01 Insurance: The League shall procure and maintain throughout the term of this <br />Agreement comprehensive general.] iability insurance providing for a minimum of $300,000.00 <br />per occurrence. The insurance shall be written on a policy and company acceptable to the <br />County's Risk Management Division and shall have at least an A- VII rating with A.M. Best. <br />The name of the insured must be the League and the County must be named as an additional <br />insured. Within five (5) days of the execution of this Agreement, the League shall provide the <br />County with a certificate of insurance showing the additionally insured and specifying the <br />deductible of said policy. A new certificate of insurance must be delivered to the County no later <br />than October 1 st of each following year. The certificate shall provide for thirty (30) days prior <br />written notice from the insurer to County of any cancellation or amendment to said insurance <br />policy. In the event the League fails to deliver said certificate -to the County in the above stated <br />manner, the County.may cancel this Agreement or, but shall not be obligated to, procure the <br />required policy. <br />Section 13 — Termination <br />13.01 Termination: The County shall have the right to terminate this Agreement without <br />cause provided the County gives the League six (6) months notice. If this Agreement is <br />terminated without cause, the League shall have the option to take over the responsibilities ser <br />forth in. Section 7.01. The County shall also have the. right to terminate this Agreement with <br />cause. If the League fails to maintain the required insurance pursuant to Section 12, the County <br />may automatic terminate this Agreement With the exception of Section 12, if the League <br />defaults in performing any of its obligations or breaches any of the material terms of this <br />Agreement, the County will serve written notice on the League and give it thirty, (30) calendar <br />days to cure the default or breach. If the League does not cure the .default or, breach within the <br />thirty (30) day time period, the County may immediately terminate this Agreement and repossess <br />the .Premises. This Agreement is subject to annual budget and/or appropriation by the Board of <br />County Commissioners and staffing allocation by the County Administrator. <br />13.02 Mediation' In the event of a dispute between the parties in connection with this <br />Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding <br />mediation prior to fling a lawsuit. The parties shall agree on a mediator chosen from a list of <br />certified mediators available from the Clerk of Court for Indian River County. The fee of the <br />mediator shall be shared equally by the parties. To the extent allowed by law, the mediation <br />C• <br />73 <br />
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