Laserfiche WebLink
County agrees that the Easement Property may only be used for the ingress, egress, and staging for the <br />installation of a permanent electric line and no other purpose. This Agreement is not assignable to any <br />other party. <br />County's use of the Easement Property shall be conducted in accordance with all applicable laws, rules, <br />codes and regulations, and in a manner so as not to impose or incur any lien or penalty for nonpayment <br />upon the Easement Property. Any such liens or penalties shall be discharged within fifteen (15) days after <br />receipt of notice of such matters from Owner. <br />County will properly flag all section corners, quarter corners, and other survey monuments lying within <br />the Easement Property. County shall bear any survey costs for resetting these monuments if they are <br />disturbed by County in any way. <br />Upon completion of the installation, the County and/or its subcontractor(s) shall promptly restore any <br />portion of the Easement Property and any other property owned by Owner disturbed by the ingress, <br />egress, staging, fortification, and execution of any works, including but not limited to trenching, <br />dewatering and any other methods employed by County or its contractors, to substantially the same <br />condition as existed prior to County's use of the Easement Property, which includes removing the <br />temporary construction facilities, debris, and roadmaking material, leveling off the area, restoring any <br />surface area disturbed in the exercise of the easement rights created hereunder, and restoration of sod <br />and other vegetation with fill soil and native grass. <br />To the extent allowed by law, County shall indemnify and hold harmless the OWNER from and against any <br />and all claims, liabilities, losses, damage, or causes of action to both persons and property, which may <br />arise from or be attributable to use by County or any of its respective agents, officers, or employees of <br />the Easement Property or exercise of rights under this Agreement, except to the extent caused solely by <br />OWNER's negligence or willful misconduct. <br />County shall maintain premises liability insurance coverage through the term of this Agreement and <br />provide proof of such instance to OWNER for the duration of the term of this agreement. The policy must <br />provide minimum limits for bodily injury and property darnage as required by Florida law and include the <br />OWNER as an additional named insured. Prior to placing any equipment, materials, or personnel on the <br />Easement Property, County shall provide OWNER with a certificate of insurance evidencing such insurance <br />required hereunder. <br />County shall advise the OWNER in writing in advance of commencement, and upon completion, of <br />construction within the Easement Property. <br />This Agreement shall expire upon the earlier of (1) completion of the Project and restoration work, or (2) <br />August 31, 2025, provided that the restoration and indemnification obligations of County set forth herein <br />shall survive the expiration of this Agreement. Upon request, after the Project and restoration work has <br />been completed, County will execute a termination of this Agreement in recordable form and cause such <br />termination to be recorded in the Official Records of Indian River County. <br />A breach of any provision of this Agreement that is not cured within thirty (30) days after the breaching <br />party's receipt of notice from the non -breaching party detailing such breach (subject to extension in the <br />event the breach cannot reasonably be cured within thirty (30) days and the breaching party is diligently <br />pursuing a cure of the breach) shall constitute a default of this Agreement. In the event of a default by <br />Page 2 of 4 <br />