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2007-374
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2007-374
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Last modified
6/28/2016 10:45:40 AM
Creation date
9/30/2015 11:25:57 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/06/2007
Control Number
2007-374
Agenda Item Number
7.X.
Entity Name
Trustees of Internal Improvement Trust Fund State of Florida
Subject
Beach Re-Nourishment Use Agreement
Area
Sebastian Inlet State Park
Project Number
U-0354
Supplemental fields
SmeadsoftID
6670
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thirty days. In the event that the matter is not resolved within the thirty day curative period, GRANTOR may <br /> elect to terminate this use agreement by means of a letter of termination notifying GRANTEE that the use <br /> agreement is terminated. In the event that this use agreement is terminated by GRANTOR, all rights inuring to <br /> GRANTEE or its successors shall cease upon the effective date of the letter of termination with the exception of <br /> those activities necessary to demobilize and remove personnel and equipment but GRANTEE'S obligations and <br /> responsibilities under paragraphs 9 and 21 of this use agreement shall survive termination. <br /> 20. NOTICE: All notices required to be given by GRANTOR to GRANTEE or by GRANTEE to <br /> GRANTOR by this use agreement or applicable law or administrative rules shall be sufficient if sent by U.S. <br /> Mail to the following address: - <br /> If for GRANTEE: <br /> Jonathon Gorham <br /> Coastal Resource Manager <br /> Indian River County Public Works Department <br /> 4375 43rd Avenue, Unit 102 <br /> Vero Beach. Florida 32967 <br /> If for GRANTOR: c/o State of Florida Department of Environmental Protection <br /> Division of Recreation and Parks <br /> Office of Park Planning, Mail Station 525 <br /> 3900 Commonwealth Boulevard <br /> Tallahassee, Florida 32399-3000 <br /> Attention: Bureau Chief <br /> GRANTEE, GRANTOR, and their respective successors shall notify each other by certified mail of any <br /> changes to the above addresses at least ten ( 10) days before the change is effective. <br /> 21 . REMOVAL OF EQUIPMENT: If GRANTEE does not remove any equipment occupying the premises <br /> after expiration or cancellation of this use agreement within sixty days of the date of expiration or effective date <br /> of the letter of termination referenced in paragraph 19, such equipment will be deemed forfeited to GRANTOR, <br /> and GRANTOR may authorize removal and may sell such forfeited equipment. However, such remedy shall be <br /> in addition to all other remedies available to GRANTOR under applicable laws, rules and regulations including <br /> the right to compel removal and the right to impose administrative fines. <br /> 22. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of GRANTOR to <br /> enforce any provision nor any waiver or successive waivers on its part of any provision herein, shall operate as <br /> a discharge thereof or render the same inoperative or impair GRANTOR to enforce the same upon any renewal <br /> thereof or in the event of subsequent breach or breaches. <br /> 23 . AGREEMENT: This use agreement is the entire and only agreement between the parties. Any <br /> amendment or modification to this use agreement must be in writing and must be accepted, acknowledged and <br /> executed by GRANTEE and GRANTOR. <br /> 24. SOVEREIGNTY SUBMERGED LANDS: This use agreement does not authorize the use of any lands <br /> located water ward of the erosion control line or any other applicable mean or ordinary high water line of any <br /> lake, river, stream, creek bay, estuary, or other water body or the waters or the air space above. <br /> 25. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the premises is held <br /> by GRANTOR and DRP has a leaschold interest in the premises. GRANTEE shall not do or permit anything to <br /> be done which purports to create a lien or encumbrance of any nature against the real property contained in the <br /> premises including, but not limited to, mortgages or construction liens against the premises or against any <br /> interest of GRANTOR or DRP therein. <br /> 26. GOVERNING LAW: This use agreement shall be governed by and interpreted according to the laws of the <br /> State of Florida. <br /> 27. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this use agreement shall be <br /> ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force <br /> and effect and shall in no way be affected, impaired or invalidated. <br /> 28. SPECIAL CONDI'r1ONS: GRANTEE, GRANTEE' S designee, employees, agents and assigns shall <br /> comply with the following special conditions which are a part of this use agreement: <br /> Page 3 of 7 <br /> Use Agreement U-0354 <br />
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