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BICYCLE REPAIR STATION INSTALLATION AGREEMENT <br />THIS AGREEMENT made this 10th day of September, 2019, by and between <br />Indian River County ("IRC"), whose point of contact is IRC, Parks and Conservation Resources <br />Division, 5500 77th Street, Vero Beach, FL 32967, and Vero Cycling Inc. ("VCP') a nonprofit <br />501(c)(4), whose contact address is 5107 Formosa Circle., Vero Beach, Fl 32967 <br />IT IS THEREFORE, AGREED as follows: <br />1. IRC agrees to furnish a sixty-four (64) square foot concrete slab along the Trans -Florida <br />Central Railroad Trail and outside of the Right of Way, west of WW Ranch Road (entrance <br />road to -Fran B. Adams Park). <br />2. IRC retains the sole discretion on any sponsorships or material wraps that are placed on the <br />bicycle repair station by VCI. VCI must submit requests to IRC for approval of these items <br />before placing them on the repair station. <br />3. VCI agrees to furnish and install the bicycle repair station on the concrete section that is <br />supplied by IRC. (See'Exhibit A for example). <br />4. VCI agrees to maintain and/or repair the bicycle repair station on an as -needed basis per the <br />best practices for this type of equipment. VCI shall include contact information for the public <br />to report any issues with the machine directly to VCI. <br />5. VCI agrees to maintain and/or replace the sponsorship wrap on the machine as—needed. <br />6. VCI agrees to indemnify, defend, and hold IRC harmless in any action brought against IRC <br />based upon a negligent or intentional act of VCI as it relates to the bicycle repair station <br />whatsoever; and this agreement in no way waives the sovereign immunity of IRC in any <br />action brought against it. <br />7. To the extent allowed by law, IRC agrees to indemnify, defend, and hold VCI harmless in <br />any action brought against it for the gross negligence of IRC or any of its employees <br />operating in furtherance of this agreement. <br />8. If at any time IRC determines that the bicycle repair station needs to be removed or replaced, <br />IRC reserves the right to take this action. VCI also has the right to remove the station if they <br />feel it is no longer serving the intended purpose or due to repetitive damage. <br />IN WITNESS WHEREOF, the Board has executed this Donation of a Bicycle Repair <br />Stand as of the date approved below. <br />BOARD OF COUNTY COMMISSI10'. <br />INDIAN RIVER COUNTY, FLORIDA <br />�, A Qo' fit® !1J , rc y <br />BY: ,Cl-C� /"-' a �c <br />Bob Solari, Chairman <br />BCC Approved: September..10 , 0 9.0R\.... <br />1 <br />APPROVED AS TO FORM <br />AND LEGAL SUFFICIENCY <br />BY�s <br />LiYLAN IEINGOLD <br />COUNTY ;ATO R N EY <br />