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06/07/2022
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06/07/2022
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Last modified
7/26/2022 1:34:44 PM
Creation date
7/26/2022 10:46:59 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
06/07/2022
Meeting Body
Board of County Commissioners
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Section 13 — Termination and Breach of the Agreement <br />13.01 Termination: The County shall have the right to terminate this Agreement without cause and <br />thereby end any and all obligations created by this Agreement subject to sixty (60) days' notice to <br />the Foundation. <br />13.02 Breach of the Agreement: It is a breach of this Agreement if the Foundation fails to maintain <br />the required insurance pursuant to Section 12, and the County may automatically terminate this <br />Agreement. With the exception of Section 12, if the Foundation defaults in performing any of its <br />obligations or breaches any of the material terms of this Agreement, the County will serve written <br />notice on the Foundation and give it thirty (30) calendar days to cure the default or breach. If the <br />Foundation does not cure the default or breach within the thirty (30) day time period, the County <br />may immediately terminate this Agreement. <br />13.03 Mediation: In the event of a dispute between the parties in connection with this Agreement, <br />the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation <br />prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified <br />mediators available from the Clerk of Court for Indian River County. The fee of the mediator shall <br />be shared equally by the parties. To the extent allowed by law, the mediation process shall be <br />confidential, and the results of the mediation or any testimony or argument introduced at the <br />mediation shall be admissible as evidence in any subsequent proceeding concerning the disputed <br />issue. <br />Section 14 — Notice <br />14.01 Notice: Wherever in this Agreement it shall be required or permitted that notice or demand <br />be given or served by either party to or on the other, such notice or demand shall not be deemed to <br />have been duly given or served unless in writing and either personally delivered or forwarded by <br />registered or certified mail, postage prepaid, to the respective addresses hereinafter set forth. <br />To County: <br />Recreation Program Manager <br />1590 9" St S.W. <br />Vero Beach, Florida 32962 <br />With Copy To: <br />Indian River County Attorney <br />1801 27th Street <br />Vero Beach, Florida 32960 <br />To Foundation: <br />Calvin Moment, President <br />Vero Beach Foundation Indians Football and Cheer Corporation <br />8526 105'h Ave <br />Vero Beach, FL 32967 <br />7 <br />
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