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03/17/2015
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03/17/2015
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Last modified
3/16/2018 4:21:33 PM
Creation date
7/14/2015 9:57:08 AM
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Meetings
Meeting Type
Regular Meeting
Document Type
Agenda Packet
Meeting Date
03/17/2015
Meeting Body
Board of County Commissioners
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Florida Statutes: <br />334.044(7) <br />850-035-01 <br />PAVEMENT MANAGEMENT <br />OGC - 02/15 <br />Page 12 o122 <br />which consent will not be unreasonably withheld. Any assignment, sublicense, or transfer <br />occurring without the required written approval will be null and void. The Department will <br />at all times be entitled to assign or transfer its rights, duties, or obligations under this <br />Agreement to another governmental agency in the State of Florida, upon giving prior <br />written notice to the Recipient. In the event that the Department approves transfer of the <br />Recipient's obligations, the Recipient remains responsible for all work performed and all <br />expenses incurred in connection with this Agreement. <br />22. All notices pertaining to this Agreement are in effect upon receipt by either party, shall be in <br />writing, and shall be transmitted either by personal hand delivery; United States Post Office, <br />retum receipt requested; ovemight express mail delivery, email, or facsimile. The addresses <br />and the contact persons set forth below for the respective parties shall be the places where <br />notices shall be sent, unless prior written notice of change of address is given. <br />TO DEPARTMENT: <br />Florida Department of Transportation <br />3400 W. Commercial Blvd. <br />Fort Lauderdale, Florida 33309 <br />Attn: Leos Kennedy, Jr. <br />Copy: Project Manager, Christine Fasiska <br />2nd Copy: District's General Counsel <br />TO RECIPIENT: <br />Indian River County <br />1801 27th Street <br />Vero Beach, Florida 32960 <br />Attn: Christopher J. Kafer, Jr. <br />Copy: Indian River County's General Counsel <br />23. All words used herein in the singular form shall extend to and include the plural. All words <br />used in the plural form shall extend to and include the singular. AD words used in any <br />gender shall extend to and include all genders. <br />24. This Agreement shall not be renewed. Any extension shall be in writing and executed by <br />both parties and shall be subject to the same terms and conditions set forth in this <br />agreement. <br />25. This Agreement shall not be construed to grant any third party rights. <br />26. In no event shall the making by the Department of any payment to the Recipient constitutes <br />or be construed as a waiver by the Department of any breach of covenant or any default <br />which may then exist on the part of the Recipient, and the making of such payment by the <br />Department while any such breach or default shall exist shall in no way impair or prejudice <br />any right or remedy available to the Department with respect to such breach or default. <br />27. This Agreement embodies the entire agreement of the parties. There are no provisions, <br />terms, conditions, or obligations other than those contained in this Agreement. This <br />Agreement supersedes all previous communication, representation, or agreement, either <br />48 <br />
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