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D. Notwithstanding anything in this Agreement to contrary, the parties hereby agree that Orchid plans on <br />utilizing painted mast arms for the Traffic Signals instead of galvanized mast arms. Because it is the policy of <br />FDOT to only utilize galvanized mast arms for its traffic signals, neither the County nor FDOT shall be responsible <br />for the maintenance of the paint coating on the Traffic Signals' mast anus, but rather, Orchid shall be solely <br />responsible for the costs and expenses of maintaining the paint coating on the Traffic Signals' mast arms. <br />2. TERM OF AGREEMENT, <br />A. The initial term of this Agreement shall commence on and expire on <br />Thereafter, this Agreement shall be subject to automatic, consecutive five (5) year extensions, coinciding with the <br />fiscal year of the County, until, the earlier of. (i) either party provides to the other party written notice of its intention <br />to terminate this Agreement at least one hundred -eighty (180) days in advance of the then outstanding expiration <br />date; or (ii) both parties mutually agree in writing to terminate this Agreement. <br />B. Modifications, additions, or deletions to this Agreement, other than updating the notice information in <br />Section 3 of this Agreement, shall not be enforceable unless such modifications, additions, or deletions are in a <br />written addendum executed by both parties, and such addendum shall meet all appropriate terms and conditions of <br />the County Agreement (as amended). <br />3. NOTICE TO THE COUNTY FOR REPAIR, <br />A. Notice to the County for repair will be accomplished directly to the following Personnel: <br />County Traffic Engineer <br />Indian River County <br />1801 2701 Street <br />Vero Beach, FL 32960 <br />(772)226-1568 <br />B. Orchid hereby designates the following individuals or officers (each a "Designee") as its exclusive <br />authorized agents for communication with the County of any notice to proceed with repairs or reconstruction: <br />Francis X. Kelly <br />Community Association Board President <br />Orchid Island Golf & Beach Community Association, Inc. <br />1 Beachside Drive <br />Orchid, FL 32963 <br />C. It shall be the responsibility of Orchid, or any Designee, to notify and request from the County that <br />repairs or reconstruction of the Traffic Signals is necessary prior to the County being obligated to perform any <br />maintenance or repair obligations hereunder. All notices and requests must include a general description of the <br />problem or deficiency of the Traffic Signals, and shall be communicated to the County by Orchid, or its Designee, <br />at the County's above address. For the avoidance of doubt, the County shall not be required to perform any <br />maintenance or repair obligations under this Agreement, nor shall the County be held in breach of this Agreement <br />for its non-performance of any maintenance or repair obligations hereunder, in the event that Orchid, or its Designee, <br />fails to properly give County prior notice and requests in accordance with this Section 3. <br />4. RESPONSE TIME, <br />A. It is the County's goal to use its best efforts to respond to any notice or request for emergency <br />repairs of the Traffic Signals within a "Zero Response Time"; provided, however, in no event shall the County <br />2 <br />