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for restoring the beach, the District has the option to fund a portion of the restoration as the <br />local cost -share. Quantities of sand taken from the inlet system or funded by the District <br />will be calculated as a sand bypass volume credit. The County and the District will <br />coordinate closely following emergency events to determine the most efficient and <br />expeditious manner of beach protection. <br />7. Notices. Any notice, request, demand, consent, approval or other <br />communication required or permitted by this Agreement shall be given or made in writing <br />and shall be served, as elected by the party giving such notice, by any of the following <br />methods: (1) Hand delivery to the other party; or (2) Delivery by commercial overnight <br />courier service; or (3) Mailed by registered or certified mail (postage prepaid), return <br />receipt requested at the addresses of the parties shown below: <br />Indian River County: <br />Indian River County Public Works Department <br />Attn: Public Works Director <br />1801 27th Street <br />Vero Beach, Florida 32960 <br />Fax: (772) 778-9391 <br />Sebastian Inlet District. <br />Attn: Martin Smithson, Administrator <br />114 Sixth Avenue <br />Indialantic, Florida 32903 <br />Fax: (321) 951-8182 <br />Notices shall be effective when received at the address as specified above. Either party <br />may change its address, for the purposes of this section, by written notice to the other <br />party given in accordance with the provisions of this section. <br />8. Governing Law; Venue. The validity, interpretation, construction, and effect of <br />this Agreement shall be in accordance with and governed by the laws of the State of <br />Florida, only. The location for settlement of any and all claims, controversies, or disputes, <br />arising out of or relating to any part of this Agreement, or any breach hereof, as well as any <br />litigation between the parties, shall be Indian River County, Florida for claims brought in <br />state court, and the Southern District of Florida for those claims justifiable in federal court. <br />Because it is impossible to ascertain damages if either party should breach this <br />agreement, the parties hereto are limited to bringing an action in the event of breach for <br />specific performance <br />9. Merger; modification. This Agreement incorporates and includes all prior and <br />contemporaneous negotiations, correspondence, conversations, agreements, and <br />understandings applicable to the matters contained herein and the parties agree that there <br />are no commitments, agreements, or understandings concerning the subject matter of this <br />Agreement that are not contained herein. Accordingly, it is agreed that no deviation from <br />the terms hereof shall be predicated upon any prior representations or agreements, <br />whether oral or written. It is further agreed that no modification, amendment, or alteration <br />45 <br />4 <br />