2015-205 - Laserfiche WebLink

Home Browse Search

II A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 'vIOA BEA' PEEN DRP AND INDIAN RIVER COi;N11' FOR THE TRANS 19. TRAIL A1' Sl' SEHAsmAN RIVER PRESERVE STATE PARK contained herein shall be effective unless contained in a written document in accordance with Paragraph 13 above. 15 SUCCESSION OF AGREEMENT This MOA and the rights and obligations contained herein shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 16. ASSIGNMENT This MOA is personal to GRANTEE and may not be transferred or assigned without the prior written approval of GRANTOR. Notwithstanding the foregoing, GRANTOR and GRANTEE recognize and agree that some or all of the activities permitted under this MOA may be performed by GRANTEE or GRANTEE'S contractor under separate agreement with GRANTEE. Such performance by GRANTEE'S contractor does not create or impose any duty or responsibility between GRANTOR and GRANTEE, nor does it relieve GRANTEE of any duty, responsibility, or liability under this MOA. 17 REMOVAL OF DEBRIS GRANTEE shall clear, remove and pick up all of GRANTEE'S and its contractor's debris including but not limited to herbicide containers, oil containers, papers, discarded tools and trash foreign to the work locations and dispose of the same offsite in such a manner as to leave work locations clean and free of any such debris on a daily basis. 18 ARCHAEOLOGICAL AND HISTORIC SITES. Execution of this MOA in no way affects either of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the Division of Historical Resources of the State of Florida Department of State ("DHR"). If a historical site is uncovered during the duration of this project, GRANTEE will be responsible for any associated costs, such as archaeological testing and excavation, required by DER. 19 TRIPLICATE ORIGINALS This MOA is executed in triplicate originals each of which for all purposes shall be considered an original. 20. COMPLIANCE WITH LAWS This MOA is contingent upon and subject to GRANTEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida, the United States or of any political subdivision or agency thereof. 21 RESPONSIBILITY FOR COMPLIANCE. The parties hereto contemplate the performance of all or a part of the activities authorized herein by GRANTEE. Notwithstanding the foregoing, GRANTEE shall bear the full and ultimate responsibility and liability to GRANTOR for the faithful and timely compliance with the terms and conditions set forth herein. 22. TITLE. GRANTOR neither warrants title to the premises nor guarantees the suitability of the premises for any particular use. 23 DAMAGE. GRANTEE shall not damage the premises, or unduly interfere with public or private rights therein. 24 TERMINATION' GRANTEE by acceptance of this MOA, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of GRANTEE, its successors and assigns. In the event GRANTEE fails or refuses to comply with the provisions and conditions herein set forth or in the event GRANTEE violates any of the provisions and conditions herein, GRANTOR, shall give notice to GRANTEE that curative action must be completed within thirty (30) days. In the event that the matter is not resolved within the thirty (30) day curative period, GRANTOR may elect to terminate this MOA by means of a letter of termination. In the event that this MOA is terminated by GRANTOR, all rights inuring to GRANTEE or its successors shall cease upon the effective date of the letter of termination with the exception of those activities necessary to Page 3 of 7