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A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK M')A BEWFEl I)Ri' ;ND INDIAN RIVER t 0i'WTI' FOR Iiil TRANS FL TRAIN AT ST SEBASTIAN RIVER PRLSERVE )T•l'rG PARK 4.2 This MOA may be terminated by GRANTOR for cause. Termination pursuant to this section shall include, but not be limited to, failure to suitably perform the work or failure to continuously perform GRANTEE'S work in a manner calculated to meet or accomplish the objectives of GRANTOR as set forth in this MOA. 4.3 Notice of termination shall be provided in accordance with Paragraph 25 of this MOA, 5 UNDUE WASTE. GRANTEE shall not commit undue waste to the premises. GRANTEE shall restore landscape features damaged duriiig construction to the satisfaction of the manager of the Park ("Park Manager"). Vegetation shall be replaced with plants approved by the Park Manager and district biologist. 6, CONFORMITY This MOA shall conform to all terms and conditions of the Board of Trustees' Lease No. 4397 and any subsequent management lease from the Board of Trustees, as lessor to GRANTOR, as lessee. 7 RIGHT OF INSPECTION• GRANTOR or its duly authorized agent shall have the right at any time to inspect the works and operation of GRANTEE pertaining to this MOA. 8 PROPERTY RIGHTS This MOA constitutes permissive use only, and the placing of permanent facilities or related structures upon the premises, other than the improvements designed, constructed or installed by GRANTEE as pan of the Trans Florida Trail project or additional improvements that may be approved by GRANTOR, is prohibited. GRANTEE agrees that it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the premises, by virtue of this MOA or its occupancy or use hereunder 9 USE OF PROPERTY This MOA shall be non-exclusive. GRANTOR, or its duly authorized agent, shall retain the right to enter the premises covered by this MOA or to engage in management activities not inconsistent with the Park's land management plan and the use herein provided for, and GRANTOR shall retain the right to grant compatible uses of the premises subject to this MOA to third parties during the term of this MOA. 10 NO INTEREST IN LAND. The parties agree that the rights herein conveyed by this MOA are permissive rights only and shall not operate to create or vest any real property rights or interest in GRANTEE. I 1 LIABILITY Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 12. APPLICABLE LAW This MOA shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. 13 AMENDMENTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this MOA and executed by GRANTOR and GRANTEE. 14 ENTIRE AGREEMENT This MOA incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this MOA that are not contained in this MOA. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions Page 2 of 7