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2003-028
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2003-028
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Last modified
9/6/2016 10:39:00 AM
Creation date
9/30/2015 6:17:07 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
02/04/2003
Control Number
2003-028
Agenda Item Number
7.D.D.
Entity Name
Sebastian Inlet State Park
Subject
Beach renourishment use agreement
Archived Roll/Disk#
3160
Supplemental fields
SmeadsoftID
2817
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s <br /> 7 . PROPERTY RIGHTS : This use agreement constitutes permissive <br /> use only, and the placing of temporary or permanent facilities or <br /> related structures upon public property pursuant to this use <br /> agreement is prohibited. GRANTEE agrees that it does not and <br /> shall not claim at any time any interest or estate of any kind or <br /> extent whatsoever in the premises, by virtue of this use <br /> agreement or its occupancy or use hereunder. <br /> 8 . USE OF PROPERTY: This use agreement shall be non-exclusive . <br /> GRANTOR, or its duly authorized agent, shall retain the right to <br /> enter the premises covered by this use agreement or to engage in <br /> management activities not inconsistent with the use herein <br /> provided for, and GRANTOR shall retain the right to grant <br /> compatible uses of the premises subject to this use agreement to <br /> third parties during the term of this use agreement . <br /> 9 . LIABILITY: Each party is responsible for all personal <br /> injury and property damage attributable to the negligent acts or <br /> omissions of that party and the officers, employees and agents <br /> thereof . Nothing herein shall be construed as an indemnity or a <br /> waiver of sovereign immunity enjoyed by any party hereto, as <br /> provided in Section 768 . 28, Florida Statutes, as amended from <br /> time to time, or any other law providing limitations on claims . <br /> 10 . ASSIGNMENT: This use agreement is personal to GRANTEE and <br /> may not be transferred or assigned without the prior written <br /> approval of the GRANTOR; however, the GRANTOR and GRANTEE <br /> recognize and agree that some or all of the activities permitted <br /> under this use agreement may be performed by GRANTEE or its <br /> contractor under separate agreement with the GRANTEE . Such <br /> performance by GRANTEE does not create or impose any duty or <br /> responsibility between the GRANTOR and the GRANTEE, nor does it <br /> relieve the GRANTEE of any duty, responsibility, or liability <br /> under this use agreement . <br /> 11 . REMOVAL OF DEBRIS : GRANTEE shall clear, remove and pick up <br /> all of the Army Corps of Engineers' and its contractor ' s debris <br /> including but not limited to mud containers, oil containers, <br /> Page 3 of 47 Pages <br /> Temp. Use Agreement No. U-0307 <br />
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