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2017-044A
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2017-044A
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Last modified
9/13/2017 11:11:20 AM
Creation date
4/10/2017 1:46:50 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/07/2017
Control Number
2017-044A
Agenda Item Number
13.A.
Entity Name
Indian River Land Trust
Subject
Oyster Bar Marsh Trail
Comprehensive Agreement
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expend any sum in excess of available private dollars, state and federal grants or appropriations, <br /> or to involve any party in any contract or other obligation for further expenditure of money in <br /> excess of such grants, appropriations or private allocations. <br /> XIV. Insurance and Indemnification - County represents that it is self-funded or insured for <br /> liability insurance. IRLT will procure and maintain insurance for its responsibilities on all Oyster <br /> Bar Marsh Trail properties throughout the entire term of this Agreement, which shall include <br /> $500,000 combined single limit for general liability. "Indian River County, Florida" shall be an <br /> additional insured on IRLT's insurance policies. IRLT contractors shall provide automobile and <br /> workers' compensation insurance as approved by the County Risk Manager prior to <br /> commencement of any construction. IRLT shall defend, hold harmless and indemnify the County <br /> with respect to any and all actions, causes of action, liabilities, losses, damages or expenses <br /> (including reasonable attorneys' fees) arising out of or relating to any negligence, intentional <br /> misconduct, breach of this Agreement or breach of applicable law by IRLT in conjunction with <br /> any of the activities described in this Agreement. This section XIV shall survive the termination <br /> of this Agreement with respect to any acts or omissions occurring prior to the date of termination. <br /> XV. Public Construction Bond — If applicable and required under Florida law, IRLT shall <br /> require its contractor(s)to, in accordance with section 255.05,Florida Statutes, execute and record <br /> in the public records of the County, a public construction bond with a surety insurer authorized to <br /> do business in this state as surety, in an amount equal to the contract price, and listing Indian River <br /> County as the project Owner. These Bonds shall remain in effect at least until one year after the <br /> date when final payment becomes due, except as provided otherwise by law. <br /> XVI. Permits - County shall be responsible for obtaining and paying for all necessary County <br /> permits and approvals, County permit application fees, licenses or any fees required by the County <br /> for development of the Oyster Bar Marsh Trail improvements. IRLT shall be responsible for <br /> obtaining and paying for all necessary state and federal jurisdictional environmental agency <br /> permits, permit application fees, licenses or any fees required by such agencies for development <br /> of the Oyster Bar Marsh Trail improvements. IRLT shall provide the County,including the County <br /> Parks Division, with a copy of all permit applications for facilities on the Oyster Bar Marsh Trail <br /> for review and written approval prior to submittal to State and federal regulatory agencies. IRLT <br /> will provide the County, including the County Parks Division, with all comments from regulatory <br /> agencies prior to responding to agency requests for design changes, or any other changes that may <br /> affect the County's management of the Oyster Bar Marsh Conservation Area. IRLT shall not <br /> commit or otherwise obligate the County to fulfill wetland mitigation that may be necessary for <br /> such permits, without prior written consent of the County. <br /> XVII.Independent Contractor- In the performance of this Agreement, IRLT is acting in the <br /> capacity of an independent contractor and not as an agent, employee, partner, joint venturer, or <br /> associate of the County. IRLT is solely responsible for the means, method, technique, sequence, <br /> and procedure utilized by IRLT in the full performance of this Agreement. <br /> XVIII. Public Records Compliance - Indian River County is a public agency subject to <br /> Chapter 119, Florida Statutes. IRLT shall comply with Florida's Public Records Law and <br /> specifically shall: <br /> 5 <br />
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