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2019-199A
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2019-199A
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Last modified
12/30/2019 3:02:37 PM
Creation date
12/30/2019 3:01:47 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/19/2019
Control Number
2019-199A
Agenda Item Number
15.B.4.
Entity Name
Atlas Organics Indian River, LLC
Subject
Agreement for the SWDD yard waste processing and recycling services
Area
Indian River County
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I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms <br />and conditions for performance and furnishing of the Work. <br />J. Prior to the Commencement Date, Contractor shall provide proof of lease or copy of lease (which <br />may be redacted in Contractor's sole discretion), with the Indian River Eco -District for the use of <br />the Compost Facility to match the term of this Agreement. <br />ARTICLE 7A — OWNER COVENANTS <br />(a) Compliance with Applicable Laws. Owner shall at all times comply with all applicable <br />laws in connection with the Project, the relevant areas of the Yard Waste Facility, and their respective <br />maintenance and operation, including, without limitation, such laws pertaining to the health and safety <br />of persons and property. <br />(b) Security. Owner provides the Yard Waste Facility "As is" which includes a perimeter <br />fence and gates for security of the Project and to protect the Project against loss, theft, damage and <br />vandalism. If, at the request of Contractor, Owner is required to incur any out-of-pocket costs in <br />connection with the installation of fencing or other security equipment requested by Contractor, <br />Contractor shall pay any such costs agreed between the Parties. <br />(c) Non -Interference with Project. Owner, at the Yard Waste Facility, shall not touch, <br />disturb, move or otherwise physically interfere with, and shall ensure that no person, including, without <br />limitation, its employees and other agents, contractors and guests, touches, disturbs, moves or <br />otherwise physically interferes with, the Project in any way without the prior written consent of <br />Contractor unless, in the event of an emergency, the Owner does so for the health and safety of persons <br />and property. <br />(d) Notice of Damage. Owner shall promptly notify Contractor of any matters it is aware of <br />pertaining to any damage to or loss of the use of the Project or that could reasonably be expected to <br />adversely affect the Project. <br />(e) Liens. Owner shall not directly or indirectly cause, create, incur, assume or suffer to exist <br />any liens on or with respect to the Project or any interest therein. If Owner breaches its obligations <br />under this Article, it shall immediately notify Contractor in writing, shall promptly cause such lien to be <br />discharged and released of record without cost to Contractor, and shall indemnify Contractor against all <br />costs and expenses (including reasonable attorneys' fees and court costs at trial and on appeal) incurred <br />in discharging and releasing such lien. <br />(f) Consents and Approvals. Owner shall secure and maintain, and shall deliver to <br />Contractor copies of, all consents, approvals, permits, licenses, and authorizations relating to the <br />performance of Owner's obligations and the rights granted by Owner hereunder, and which are required <br />by the terms, conditions or provisions of any restriction or any agreement or instrument to which Owner <br />is a party or by which Owner is bound. Owner shall also provide reasonable assistance to Contractor in <br />completing applications for approvals and consents with respect to which Contractor has primary <br />responsibility. <br />ARTICLE 7B - LICENSE AND ACCESS TO SITE <br />Page 10 of 22 <br />
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