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1999-038
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1999-038
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Last modified
7/10/2023 10:55:35 AM
Creation date
7/10/2023 10:55:28 AM
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Official Documents
Official Document Type
Easement
Approved Date
02/02/1999
Control Number
1999-038
Subject
R/W Easement for Pelican Island National Wildlife Refuge
Construction, Mainternance of Entrance Roads, Parking Lots, Utilities & Restrooms
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1-] <br />40 <br />(8) That all or any part of the rights-of-way granted may be terminated by the Director, <br />Fish and Wildlife Service for failure to comply with any or all of the terms or <br />conditions of this grant, or for non-use for a 2 -year period, or abandonment of the <br />rights-of-way granted. In the event of noncompliance, the Regional Director will <br />notify the permittee in writing of the corrections needed, and the permittee shall have <br />a period of sixty (60) days from the date of the notice to complete corrective action. <br />However, in the event of extenuating circumstances such as adverse weather <br />conditions, disturbance of wildlife during periods of peak concentrations, or other <br />compelling reasons, the Regional Director may grant an extension of time which in <br />his/her judgment is reasonably necessary. In the event of termination of an easement <br />or permit for noncompliance, non-use, or abandonment, a written notice of <br />termination will be furnished to the permittee. <br />(9) To restore the land to its original condition to the entire satisfaction of the Service, <br />so far as it is reasonably possible to do so upon revocation and termination of the <br />right-of-way, unless this requirement is waived in writing. <br />(10) In the event Indian River County decides to abandon this project, it will notify U. S. <br />Fish and Wildlife Service, in writing of its intent to abandon the easements and any <br />and all facilities thereupon, and the U. S. Fish and Wildlife Service shall have the <br />right to terminate the easements and have the option to take possession of the then <br />existing or remaining facilities, unless this option is waived in writing by the Service. <br />(11) To keep the project leader informed at all times of his/her address, and, in case of <br />corporations, of the address of its principal place of business and the names and <br />addresses of its principal officers. <br />(12) That in the construction, operation, and maintenance of the project, he/she shall not <br />discriminate against any employee or applicant for employment because of race, <br />creed, color, or national origin and shall require an identical provision to be included <br />in all subcontracts. <br />(13) That the allowance of the right-of-way shall be subject to the express condition that <br />the exercise thereof will not unduly interfere with the management, administration, <br />or disposal by the United States of land affected thereby, and that the applicant agrees <br />and consents to the occupancy and use by the United States, its grantees, permittees, <br />CD <br />or lessees of any part of the right-of-way not actually occupied or required by the <br />... <br />applicant for the purpose of the granted rights or the full and safe utilization thereof. <br />N <br />CJl <br />(14) That the right-of-way herein granted shall be subject to the express covenant that any <br />CO <br />facility constructed thereon will be modified or adapted if such is found by the <br />Regional Director, Fish and Wildlife Service, to be necessary, ry, without liability or <br />expense to the United States, so that such facility will not conflict with the use and <br />occupancy of the land for any authorized works which may hereafter be constructed <br />t`J <br />thereon under the authority of the United States. <br />
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