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2024-127
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2024-127
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Last modified
7/11/2024 11:10:25 AM
Creation date
7/11/2024 11:07:08 AM
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Template:
Official Documents
Official Document Type
First Amendment
Approved Date
06/18/2024
Control Number
2024-127
Agenda Item Number
8.J.
Entity Name
Florida Inland Navigation District
Subject
First Amendment to Termination of Lease Agreement and Release of Easement
for the Recreational use of Lands within the Dredged Material Management Area IR-14
Document Relationships
2024-128
(Cover Page)
Path:
\Official Documents\2020's\2024
2024-129
(Cover Page)
Path:
\Official Documents\2020's\2024
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />FWC Agreement No. 24030 <br />Such notice shall give the other party ten working days from receipt of the notice to respond in <br />writing. <br />ii. If the party initiating such notice is not satisfied with the response, then it shall invoke this clause <br />initiating non-binding mediation by sending a demand for mediation in writing to the other party <br />within seven (7) days. <br />iii. The Parties have two weeks after notice to agree in writing upon a mediator. <br />iv. If the Parties cannot agree upon a Florida Supreme Court certified mediator, then the Parties shall <br />request the Chief Judge of the Second Judicial Circuit in Leon County, Florida, to appoint a Florida <br />Supreme Court certified mediator. <br />a. The mediator's fees shall be born equally by the Parties involved in the mediation and shall pay <br />all of its own attorneys' fees and expenses related to the mediation unless otherwise agreed. <br />b. Unless otherwise agreed by the Parties in writing, such mediation shall take place within forty- <br />five (45) days of the appointment of, or agreement to, the mediator if the mediator's schedule so <br />allows. <br />c. The terms of this Agreement and any dispute relating thereto will be governed by the laws of <br />the State of Florida, any litigation will be brought in the state or federal court in and for <br />Tallahassee, Florida, and you agree to submit to the exclusive jurisdiction of the state and <br />federal courts located in and for the Leon County, State of Florida. <br />d. All Parties agree to negotiate in good faith in an effort to settle any dispute. All Parties shall <br />have a representative present at mediation with the authority to settle the case. <br />V. Any resolution achieved at mediation shall be set forth in a written settlement agreement. <br />vi. The Recipient shall require all the dispute resolution provisions and requirements set out in this <br />Section in each contract it makes with any Subcontractor, material supplier, equipment supplier, or <br />fabricator. <br />vii. In no event shall the demand for mediation be made after the date when institution of legal or <br />equitable proceedings based on such claim, dispute, or other matter in question would be barred by <br />the applicable statute of limitations, or otherwise. <br />Unless otherwise agreed in writing, the Recipient shall carry on the Work and maintain its performance of this <br />Agreement during any claim, dispute, or mediation. <br />If any matter sought to be mediated by the Commission or the Recipient involves a claim or other matter by or <br />against the Consultant, any Subcontractor, any Separate Contractor, or any other third party, or any such entity is <br />reasonably necessary to be joined in the mediation to permit a full and complete disposition of the dispute <br />submitted hereunder, then the Consultant, Subcontractor, Separate Contractor or third party shall be joined by <br />personal service of the notice demanding mediation. <br />Such termination of the mediation shall not preclude any party from commencing any judicial proceeding in a <br />court of competent jurisdiction in Leon County, Florida, providing the claims sought to be decided are not <br />otherwise barred. <br />Any demand for mediation and any answer to such demand must contain a written statement of each claim <br />alleged and the dollar amount in controversy sought in each claim. <br />Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 24 of 29 <br />
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