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2024-297
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2024-297
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Last modified
1/7/2025 2:44:23 PM
Creation date
1/7/2025 2:41:46 PM
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Template:
Official Documents
Official Document Type
Easement
Approved Date
11/25/2024
Control Number
2024-297
Agenda Item Number
No Agenda Item
Entity Name
Waste Management Inc. of Florida
Subject
Temporary Construction Easement and License Agreement at Red Stick Golf Course
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A TRUt COPY <br />CERTIFICAtION ON LAST PAGE <br />RYAN L. OUTLER, CLERK <br />and its contractors, subcontractors and agents to pass through the Operations Area <br />to and from the Temporary Access Drive. <br />4. Maintenance and Restoration of Easement Property. County agrees to maintain the <br />Easement Property and to pay all costs and expenses in connection therewith. County will properly flag <br />all section corners, quarter corners, and other survey monuments lying within the Easement Property. <br />County shall bear any survey costs for resetting these monuments if they are disturbed by County in any <br />way. Upon completion of the Project, the County and/or its subcontractor(s) shall restore all portions of <br />the Property disturbed, damaged or altered by the ingress, egress, staging, and fortification to its <br />condition as existed prior to commencement of the Easement, which includes removing the temporary <br />construction facilities, debris, and roadmaking material, leveling off the area, and restoring of sod and <br />other vegetation with fill soil and native grass (the "Restoration Work"). <br />5. Termination. This Agreement (and the Easement and License granted herein) shall <br />automatically terminate and expire upon the earlier to occur of (a) the County's completion of the Project <br />and the Restoration Work, or (b) December 31, 2025 (such earlier occurrence being the "Termination <br />Date"). The County shall notify OWNER in writing of its completion of the Project and Restoration Work <br />and, In the event such Termination Date is prior to August 31, 2025, County shall, if requested by OWNER, <br />execute and deliver to OWNER in recordable form a document acknowledging termination of this <br />Agreement. <br />6. Indemnification and Insurance. To the extent allowed by law, County shall indemnify and <br />hold harmless the OWNER from and against any and all claims, liabilities, losses, damage, or causes of <br />action to both persons and property, which may arise from any misconduct, negligent act, or omissions <br />of either the County or any of its respective agents, officers, or employees in connection with the <br />performance of this Agreement. <br />County shall maintain premises liability insurance coverage through the term of this Agreement <br />and provide proof of such instance to OWNER for the duration of the term of this Agreement. In addition, <br />County shall require that all contractors or others performing work on behalf of, or at the direction of, <br />County in connection with the Project, shall maintain insurance with such coverages and coverage limits <br />as may be reasonably required by OWNER and, in any event, must provide such minimum limits for bodily <br />injury and property damage as required by Florida law. All policies maintained pursuant hereto shall <br />include the OWNER as an additional named insured. <br />7. Compliance with Laws. County acknowledges that County's compliance with all <br />applicable federal, state and local statutes, laws, ordinances and regulations in its use of the Easement <br />Property, including but not limited to all building codes and zoning restrictions, is a condition of this <br />Easement. <br />8. Default. OWNER shall provide County with written notice of any failure to perform or <br />comply with the terms and conditions contained herein to be performed by County. If County fails to cure <br />such default within twenty (20) days of receipt of written notice of default, OWNER shall, in addition to <br />any other remedies available at law or in equity, have the right to: <br />(a) Terminate this Agreement by giving written notice of such termination to County in <br />accordance with the provisions hereof; or <br />License Agreement <br />8350 58TH AVE <br />Initials <br />Page 3 of 6 <br />
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