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2021-066
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2021-066
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Last modified
5/20/2021 11:16:56 AM
Creation date
4/27/2021 12:12:53 PM
Metadata
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Template:
Official Documents
Official Document Type
Interlocal Agreement
Approved Date
04/20/2021
Control Number
2021-066
Agenda Item Number
13.A.
Entity Name
City of Fellsmere
Subject
Interlocal Agreement Certificate of Competence issued by Indian River County Building Department
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the Doctrine of Sovereign Immunity of Section 768.28, Florida Statutes, and the Florida <br />Constitution. <br />SECTION 8. BUSINESS RELATIONSHIP. The City and the County are not partners, or joint <br />ventures or agents of each other for any activities pursuant to this Agreement, and no such <br />relationship between them shall be deemed to exist by virtue of this Agreement. <br />SECTION 9. CONSTRUCTION. The headings of the sections of this Agreement are for the <br />purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions <br />contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to <br />the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may <br />require. The parties hereby acknowledge and agree that each was properly represented by counsel <br />and this Agreement was negotiated and drafted at arm's length so that the judicial rule of <br />construction to the effect that a legal document shall be construed against the draftsperson shall be <br />inapplicable to this Agreement. <br />SECTION 10. MERGER AND MODIFICATION. This Agreement incorporates and includes <br />all prior and, contemporaneous negotiations, correspondence, conversations, agreements or <br />understandings applicable to the matters contained herein and the parties agree that there are no <br />commitments, agreements, or understandings of any nature whatsoever concerning the subject <br />matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no <br />deviation from the terms hereof shall be predicated upon any prior or contemporaneous <br />representations or agreements, whether oral or written, unless the provisions of the parol evidence <br />rule applies. <br />SECTION 11. GOVERNING LAW AND VENUE. This Agreement, including all attachments <br />hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit <br />brought by either party against the other party or otherwise arising out of this Agreement shall be <br />in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District <br />Court for the Southern District of Florida. <br />SECTION 12. CONFLICT. To the extent of any conflict between this Agreement .and any <br />existing City or County agreement, this Agreement will be deemed to be controlling. This <br />Agreement is not intended to amend or repeal any existing City or Indian River County ordinance. <br />SECTION 13. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion <br />of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent <br />jurisdiction, such section, subsection, sentence, clause, phrase, or portion shall be deemed a <br />separate, distinct, and independent provision and such holding shall not affect the validity of the <br />remaining portions of this Agreement. <br />0 <br />
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