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A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK �1O.5 I:EWTEE\ DRP 1ND INDIAN RIVER. uO1IN Y FOR 171E TRANS FL IR All. \l' ST SEEM STIA N RIVER PRESER V E kTE.PARK demobilize and remove personnel and equipment, but GRANTEE'S obligations and responsibilities under Paragraph 26. of this MOA shall survive termination. 25 NOTICE. All notices given under this MOA shall be in writing and shall be served by certified mail including, but not limited to, notice of any violation served pursuant to Section 253 04, Florida Statutes, to the last address of the party to whom notice is to be given, as designated by such party in writing. GRANTOR and GRANTEE hereby designate their address as follows: GRANTEE. Indian River County, Public Works Department 1801 276 Street Vero Beach, FL 32960 Attention. Chris Mora, Public Works Director GRANTOR. State of Florida Department of Environmental Protection Division of Recreation and Parks Office of Park Planning 3900 Commonwealth Boulevard Mail Station 525 Attention. Sine A. Murray, Environmental Administrator 26. REMOVAL OF EQUIPMENT Upon termination or expiration of this MOA, the removable equipment and removable improvements placed on the premises by GRANTEE that have not become a permanent part of the premises and are not desired by GRANTOR, shall be removed by GRANTEE, at its sole cost and expense, within thirty (30) days after the termination or expiration of this MOA. Further, GRANTEE shall restore the premises to substantially the same or better condition than it was upon the effective date of this MOA. 27 ENFORCEMENT OF PROVISIONS No failure, or successive failures, on the part of GRANTOR to enforce any provision nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right to GRANTOR to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 28. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES Fee title to the premises is held by the Board of Trustees and GRANTOR has a leasehold interest in the premises. GRANTEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property contained in the premises including, but not limited to, mortgages or construction liens against the premises or against any interest of the Board of Trustees or GRANTOR therein. 29 PARTIAL INVALIDITY If any term, covenant, condition or provision of this MOA shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 30 SPECIAL CONDITIONS The following special conditions shall apply to this MOA. 1 GRANTEE shall give no less than 24 hour notification to the Park Manager and district biologist prior to entering the Park to conduct work at any time. 2. It is understood and agreed that the Park Manager or district biologist shall have the authority to direct GRANTEE or GRANTEE'S local representative onsite and to cease activities in cases where public safety is jeopardized or for failure to follow the project design, or if the work is causing other undesirable impacts to the Park's resources or safety 3 GRANTEE shall not remove or destroy any trees, shrubs, or other vegetation (other than targeted exotic species) in any of the areas where the project will take place, unless agreed upon in advance by the Park Manager or district biologist. Page 4 of 7