6/28/2016 10:45:40 AM
9/30/2015 11:25:57 PM
Official Document Type
Agenda Item Number
Trustees of Internal Improvement Trust Fund State of Florida
Beach Re-Nourishment Use Agreement
Sebastian Inlet State Park
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access, starting dates, location of pipeline within the Park and the distance of dredged material disposal into the <br /> Park, shall be identified at the pre-construction meeting and approved by the Park Manager and/or DRP. Issues <br /> arising from the pre-construction meeting will be resolved by mutual agreement between GRANTOR and <br /> GRANTEE. <br /> 6. RIGHT OF INSPECTION: GRANTOR, DRP or their duly authorized agents shall have the right at any <br /> time to inspect the works and operation of GRANTEE, pertaining to this use agreement. <br /> 7. PROPERTY RIGHTS: This use agreement constitutes permissive use only, and the placing of temporary <br /> or permanent facilities or related structures upon public property pursuant to this use agreement is prohibited. <br /> GRANTEE agrees that it does not and shall not claim at any time any interest or estate of any kind or extent <br /> whatsoever in the premises, by virtue of this use agreement or its occupancy or use hereunder. <br /> 8. USE OF PROPERTY: This use agreement shall be non-exclusive. GRANTOR, DRP, or their duly <br /> authorized agents, shall retain the right to enter the premises covered by this use agreement or to engage in <br /> management activities not inconsistent with the use herein provided for, and GRANTOR shall retain the right to <br /> grant compatible uses of the premises subject to this use agreement to third parties during the term of this use <br /> agreement. <br /> 9. LIABILITY: In consideration of the privilege herein granted, GRANTEE will not claim any damages <br /> from GRANTOR or DRP in connection with or on account of any injuries or damages arising in or on the <br /> premises while being used by GRANTEE and its agents, representatives and employees. GRANTEE shall <br /> maintain a program of insurance covering its liabilities as prescribed by Section 768.28, F.S., and shall be <br /> responsible for the acts or omissions of its officers, employees, representatives, and agents in the event that such <br /> acts or omissions result in injury to persons or damage to property. GRANTOR does not warrant or represent <br /> that the premises are safe or suitable for the purpose for which GRANTEE is permitted to use them, and <br /> GRANTEE assumes all risks in its use. <br /> 10. ASSIGNMENT: This use agreement is personal to GRANTEE and may not be transferred or assigned <br /> without the prior written approval of GRANTOR <br /> it . REMOVAL OF DEBRIS: GRANTEE shalt clear, remove and pick up all of its debris including but not <br /> limited to mud containers, oil containers, papers, discarded tools and trash foreign to the work locations and dispose of <br /> the same offsite in such a manner as to leave work locations clean and free of any such debris on a daily basis. <br /> 12. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this use agreement in no way affects either of <br /> the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of <br /> archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from <br /> the Division of Historical Resources, State of Florida Department of State. <br /> 13. TRIPLICATE ORIGINALS : This use agreement is executed in triplicate originals each of which for all <br /> purposes shall be considered an original. <br /> 14. COMPLIANCE WITH LAWS: This use agreement is contingent upon and subject to GRANTEE <br /> obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and <br /> laws of the State of Florida, the United States or of any political subdivision or agency thereof. <br /> 15 . RESPONSIBILITY FOR COMPLIANCE: GRANTEE shall bear the full and ultimate responsibility and <br /> liability to GRANTOR for the faithful and timely compliance with the terms and conditions set forth herein. <br /> 16. TITLE: GRANTOR neither warrants title to the premises nor guarantees the suitability of the premises for any <br /> particular use. <br /> 17. DAMAGE: GRANTEE shall not damage the premises, or unduly interfere with public or private rights <br /> therein. <br /> 18. VENUE: GRANTEE waives venue as to any litigation arising from matters relating to this use <br /> agreement and any such litigation between GRANTOR and GRANTEE shall be limited and maintained only in <br /> Leon County, Florida - <br /> 19. "TERMINATION: GRANTEE by acceptance of this use agreement, binds itself, its successors and <br /> assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shalt be <br /> deemed covenants of GRANTEE, its successors and assigns. In the event GRANTEE fails or refuses to comply <br /> with the provisions and conditions herein set forth or in the event GRANTEE violates any of the provisions and <br /> conditions herein, the GRANTOR shall give notice to GRANTEE that curative action must be completed within <br /> Page 2 of 7 <br /> Use Agreement U-0354 <br />
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