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2019-002
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2019-002
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Last modified
12/27/2019 11:57:56 AM
Creation date
1/14/2019 4:28:40 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/08/2019
Control Number
2019-002
Agenda Item Number
8.E.
Entity Name
Department of Economic Opportunity (DEO)
Subject
Grant to construct educational living shoreline demo
Change in scope from original
Area
Round Island Park
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DocuSign Envelope ID: 4F49ED83-A0E8-4535-BBB4-F1419D233380 <br />Agreement # P0307 <br />property in the amount of the funding provided by this Agreement for the purchase of or <br />improvements to the real property for five years from the date of purchase or the completion of <br />the improvements or as further required by law. <br />Upon the Expiration Date of the Agreement, Grantee shall be authorized to retain ownership of <br />the improvements to real property set forth in this Agreement in accordance with the following: <br />Grantee is authorized to retain ownership of the improvements to real property so long as: (1) <br />Grantee is not sold, merged or acquired; (2) the real property subject to the improvements is <br />owned by Grantee; and (3) the real property subject to the improvements is used for the purposes <br />provided in this Agreement. If within five years of the termination of this Agreement, Grantee is <br />unable to satisfy the requirements stated in the immediately preceding sentence, Grantee shall <br />notify DEO in writing of the circumstances that will result in the deficiency upon learning of it, but <br />no later than 30 calendar days prior to the deficiency occurring. In such event, DEO shall have the <br />right, within its sole discretion, to demand reimbursement of part or all of the funding provided <br />to Grantee under this Agreement. <br />S. CONSTRUCTION AND INTERPRETATION <br />The title of and the section and paragraph headings in this Agreement are for convenience of <br />reference only and shall not govern or affect the interpretation of any of the terms or provisions <br />of this Agreement. The term "this Agreement" means this Agreement together with all <br />attachments and exhibits hereto, as the same may from time to time be amended, modified, <br />supplemented, or restated in accordance with the terms hereof. The use in this Agreement of the <br />term "including" and other words of similar import mean "including, without limitation" and <br />where specific language is used to clarify by example a general statement contained herein, such <br />specific language shall not be deemed to modify, limit, or restrict in any manner the construction <br />of the general statement to which it relates. The word "or" is not exclusive and the words <br />"herein," "hereof," "hereunder," and other words of similar import refer to this Agreement, <br />including any Exhibits and Attachments, and not to any particular section, subsection, paragraph, <br />subparagraph, or clause contained in this Agreement. As appropriate, the use herein of terms <br />importing the singular shall also include the plural, and vice versa. The reference to an agreement, <br />instrument, or other document means such agreement, instrument, or other document as <br />amended, supplemented, and modified from time to time to the extent permitted by the <br />provisions thereof and the reference to a statute means such statute as amended from time to <br />time and includes any successor legislation thereto and any regulations promulgated thereunder. <br />All references to "$" shall mean United States dollars. The term "Grantee" includes any person <br />or entity which has been duly authorized to and has the actual authority to act or perform on <br />Grantee's behalf. The term "DEO" includes the State of Florida and any successor office, <br />department, or agency of DEO, and any person or entity which has been duly authorized to and <br />has the actual authority to act or perform on DEO's behalf. The recitals of this Agreement are <br />incorporated herein by reference and shall apply to the terms and provisions of this Agreement <br />and the Parties. Time is of the essence with respect to the performance of all obligations under <br />this Agreement. The Parties have participated jointly in the negotiation and drafting of this <br />Agreement, and each Party has read and understands this Agreement. In the event an ambiguity <br />or question of intent or interpretation arises, this Agreement shall be construed as if drafted <br />jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring <br />any Party by virtue of the authorship of any of the provisions of this Agreement. <br />Page 13 of 37 <br />Rev. 9/27/18 <br />
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