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2009-090
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Last modified
3/4/2016 1:46:16 PM
Creation date
10/1/2015 3:24:38 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/07/2009
Control Number
2009-090
Agenda Item Number
8.D.
Entity Name
City of Sebastian
Subject
County Road 512 Right of Way Maintenance Agreement
Resolution 2009-034
Area
County Road 512
Supplemental fields
SmeadsoftID
10543
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6 . This Agreement may be terminated under any one ( 1 ) of the following conditions : <br /> a. By the County , if the City fails to perform its duties under Paragraph 3 , <br /> following ten ( 10) days written notice . <br /> b . By the County, for refusal by the City to allow public access to all documents , <br /> papers , letters , or other material subject to the provisions of Chapter 119 , Florida <br /> Statutes , and made or received by the AGENCY in conjunction with this Agreement . <br /> c . By the City, if it provides written notice of its intent to terminate this <br /> agreement . Upon written notice by the City, the County shall have two options : <br /> ( 1 ) . Direct the City to remove all improvements within the Project area. <br /> Once notice has been provided to the City to remove the improvements from the project <br /> area, the City shall have 30 days to complete the required work ; or, <br /> (2) The County may take over and maintain the project at its own <br /> expense , in which case the City is relieved from any further obligations hereunder . <br /> 7 . The term of this Agreement commences upon execution . <br /> 8 . The City is a municipality under the laws of Florida and agrees to be fully <br /> responsible for acts and omissions of their agents or employees . Nothing in this <br /> agreement shall be construed or interpreted to serve as a waiver of sovereign immunity <br /> by any party . Nothing herein shall be construed as consent by a state agency or political <br /> subdivision of the State of Florida to be sued by third parties in any matter arising out of <br /> this Agreement or any other contract . In the event that City contracts with a third party to <br /> provide the services set forth herein, any contract with such -third party shall include the <br /> following provisions : <br /> a. City ' s contractor shall at all times during the term of this Agreement keep and <br /> maintain in full force and effect, at contractor' s sole cost and expense , Comprehensive <br /> General Liability with minimum limits of $ 1 , 000 , 000 . 00 per occurrence combined single <br /> limit for Bodily Injury Liability and Property Damage Liability and Worker' s <br /> Compensation insurance with minimum limits of $ 500 , 000 . 00 per Liability . Coverage <br /> must be afforded on a form no more restrictive that the latest edition of the <br /> Comprehensive General Liability and Worker' s Compensation policy without restrictive <br /> endorsements , as filed by the Insurance Services Office and shall name County as an <br /> additional insured . <br /> b . City ' s contractor shall furnish City with Certificates of Insurance of <br /> Endorsements evidencing the insurance coverage ' s specified herein prior to the beginning <br /> performance of work under this Agreement . <br /> c . Coverage is not to cease and is to remain in full force and effect ( subject to <br /> cancellation notice) until all performance required of City ' s contractor is completed . All <br /> policies must be endorsed to provide City with at least thirty ( 30) days notice of <br /> cancellation and or/or restriction . If any of the insurance coverages will expire prior to <br /> the completion of work, copies of renewal policies shall be furnished at least ( 30) days <br /> prior to the date of expiration . <br /> 9 . This writing embodies the entire Agreement and understanding between the <br /> parties hereto and there are no other Agreements and understanding , oral or written, with <br /> reference to the subject matter hereof that are not merged herein and superseded hereby . <br /> 3 <br />
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