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2022-018
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2022-018
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Last modified
3/11/2022 11:09:50 AM
Creation date
2/22/2022 11:37:59 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/01/2022
Control Number
2022-018
Agenda Item Number
8.K.
Entity Name
Friends of St. Sebastian River, Inc.
Subject
License Agreement for the South Prong Preserve Conservation Area “Ryall House”
7780 85th Street
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evidence of such approval to the County prior to the commencement of <br />construction or installation of any such alterations, additions and improvements. <br />All alterations, additions or improvements shall be constructed in accordance with <br />all applicable building codes, laws and regulations. All of FSSR's alterations, <br />additions and improvements shall be deemed to be a part of the Premises, and <br />FSSR shall be obligated to maintain and repair the same. All alterations, <br />additions and improvements in or to the Premises shall, when made, become the <br />property of the County and shall be surrendered to the County upon the <br />termination of this License Agreement, whether by lapse of time or otherwise. <br />FSSR shall indemnify, hold harmless and defend the County from and against any <br />and all claims, losses, liabilities, costs, damages and expenses (including court <br />costs and attorneys' fees at or before the trial level and in any appellate <br />proceedings) arising out of or relating to any alterations, additions or <br />improvements made by FSSR in or to the Premises (notwithstanding County's <br />prior written consent thereto. As used in this section, an alteration, addition and <br />improvement shall mean a structural change or fixture attached to any building <br />such that it becomes a part of the building. <br />12. CONSTRUCTION LIENS. FSSR agrees that it will make full and prompt <br />payment of all sums necessary to pay for the costs of all repairs and permitted <br />alterations, additions, improvements, changes and other work done by FSSR in or <br />to the Premises and further agrees to indemnify, save harmless and defend the <br />County from and against any and all costs and liabilities, including reasonable <br />attorney's fees incurred by the County and against any and all construction, <br />materialmen's, laborers' and other statutory or common law liens which may be <br />asserted, claimed or charged against all or any part of the Premises arising out of <br />or from such work. Notwithstanding anything to the contrary set forth in this <br />License Agreement, in no event shall the interest of the County in all or any part <br />of the Premises be subject to any construction, materialman's, laborers' or other <br />statutory or common law lien for improvements or work made or done by or at the <br />instance of FSSR, whether or not the same shall be made or done with the consent <br />of the County or by agreement between Lessee and the County. All persons <br />dealing with or contracting with FSSR or any contractor of FSSR are hereby put <br />on notice of the foregoing provision. In the event any notice, claim or lien shall <br />be asserted or recorded against the interest of the County in the Premises on the <br />account of or extending from any improvement or work made or done by or at the <br />instance of FSSR, or any person claiming by, through or under FSSR, or from any <br />improvement or work the cost of which is the responsibility of FSSR, then FSSR <br />agrees to have such notice, claim or lien canceled, discharged, released or <br />transferred to other security in accordance with applicable Florida Statutes within <br />thirty (30) days after notice to FSSR by the County, and in the event FSSR fails to <br />do so, FSSR shall be considered in default under this License Agreement. FSSR <br />agrees to join the County, at County's request, in the execution of a short form of <br />license, pursuant to section 713.10, Florida Statutes, to be recorded in the Public <br />Records of Indian River County, Florida for the purpose of giving constructive <br />notice of the provisions of this subparagraph. <br />3 <br />
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