2021-163 - Laserfiche WebLink

Home Browse Search

other transit stations currently used by County. If as a result of County's construction of a Transit Station, West Vero is required by federal, state, or local law, ordinance, order etc., to make any improvements, changes or alterations ("Improvements") to the property on which the Transit Station is located, in order to comply with such laws, such collateral Improvements shall be the responsibility of County. All costs associated with such collateral Improvements shall be borne by County. Section 3 - Term. This Agreement shall commence on the date included in the introductory paragraph of this Agreement (the "Date of Commencement") and, unless extended by the undersigned, shall terminate on the earlier of. (i) five (5) years from the Date of Commencement; or (ii) thirty (30) days after notice is given by either party of the desire to terminate the Agreement. At the time this Agreement is terminated, County shall remove the Transit Station_and all of the County equipment at the Transit Site and upon removal of the Transit Station, County shall return the Transit Site to substantially the condition existing prior to the installation of the Transit Station. Section 4 - Effective Date. Subject to the terms of Section 3 above, this Agreement shall become effective upon being executed by the parties hereto and shall remain in full force and effect until such time as either party terminates this Agreement as provided in Section 3 hereof. Section 5 - Damaae to the Transit Station. County shall be responsible for day-to-day normal and customary maintenance of the Transit Site and the Transit Station, and every part thereof, including, but not limited to, washing the Transit Station from time to time and picking up trash on the Transit Station on a regular basis. County shall be responsible for all maintenance, including, but not limited to, painting, removal of graffiti, and concrete repair, as well as the repair of any damage to the Transit Station caused by County and it's agents. Such repair will be commenced within three (3) days after County is notified by West Vero, in writing, of such damage. If County shall fail to maintain the Transit Station in a clean manner, West Vero shall have the right, but not the obligation, to clean (or cause to be cleaned by an outside company) the Transit Station after three (3) days written notice to County. Section 6 - Security. West Vero shall not be responsible for providing security for the Transit Site or for any persons using the Transit Station._The County agrees to indemnify and hold West Vero (and its members, officers and employees) harmless from all loss, cost, damage and/or claim incurred by them in connection with the Transit Station. The foregoing indemnity shall survive the expiration or sooner termination of this Agreement. Section 7 - No Partnership. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood that nothing contained herein, or any acts of the parties hereto other than the relationship of West Vero and County. Section 8 - Notices. Any notice, request, demand, approval, consent or other communication which West Vero or County may be required or permitted to give to the other party shall be in writing and shall be mailed or hand delivered to the other party at the addresses Page 2 of 7