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2019-019
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2019-019
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Last modified
12/27/2019 12:05:42 PM
Creation date
2/13/2019 9:34:24 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/05/2019
Control Number
2019-019
Agenda Item Number
8.D.
Entity Name
Middleton' Fish Camp
Subject
Assignment and license agreement to Roy Bass from Joneal Middleton
Area
Blue Cypress Lake Park
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11. Cancellation. This Agreement may be terminated by the County at any time on <br />notification by any state or federal environmental regulatory agency that a serious health <br />hazard exists from continued use of the Park. In such an event, Roy Bass shall make <br />no claim against County for any damages. Roy Bass may cancel this agreement at any <br />time by giving the County ninety (90) days written notice. At the termination of this <br />Agreement from whatever cause, it shall be Roy Bass's responsibility to restore the Park <br />to a condition no worse than what would be reasonably expected with normal wear and <br />tear. <br />12. Assignment. The Agreement may be assigned or transferred only with the <br />written approval of the County. <br />13. Hold Harmless. Roy Bass shall defend, indemnify and hold the County <br />harmless from any and all claims for damages as a result of the negligence of Roy Bass, <br />except for those claims arising out of the County's own negligence. <br />14. Governing Law. This Agreement shall be governed by the laws of the State of <br />Florida. Venue for any lawsuit shall be in Indian River County, or in the event of a federal <br />jurisdiction, in the United States District Court for the Southern District of Florida. <br />15. Improvements to the Property. Roy Bass shall obtain the County's written <br />permission before constructing any improvements to the Park. At the termination of the <br />Agreement, Roy Bass shall be permitted to remove any personal property not attached <br />to any buildings. Fixtures or equipment attached to the property shall become the <br />property of the County. <br />16. Breach of Agreement. A breach by Roy Bass of any of its obligations under this <br />Agreement shall be grounds for the County to terminate this Agreement, except that <br />before such termination, Roy Bass shall be given written notice with thirty (30) days to <br />cure the breach. In the event of a lapse of insurance as set forth in paragraph 9, Roy <br />Bass shall have 30 days to reinstate the insurance and shall agree to suspend all <br />operations and use of the Park until insurance is reinstated. Failure to timely reinstate <br />the insurance or use of the Park while there is no insurance may subject IRLAX to <br />automatic termination of this Agreement. <br />17. Condition of the Licensed Premises. The Park property is licensed in "as is" <br />condition without warranty or representation as to its condition. Roy Bass has examined <br />the Park property and agrees that they are acceptable and suitable for Roy Bass's use. <br />4 <br />
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