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2003-214
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Last modified
11/18/2016 11:16:44 AM
Creation date
9/30/2015 6:44:12 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Interlocal Agreement
Approved Date
08/19/2003
Control Number
2003-214
Agenda Item Number
11.I.4
Entity Name
Indian River Farms Water Control District
St. Johns River Water Management District
Subject
Implementation of east IRC Master Stormwater Management Plan
Archived Roll/Disk#
3162
Supplemental fields
SmeadsoftID
3364
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without limitation , the United States Army Corps of Engineers , St . Johns River Water <br /> Management District , and Florida Inland Navigation District . Subject to obtaining all <br /> applicable and cost effective permits , the County shall bid , and cause the design and <br /> construction of, the mangrove polishing systems . The parties acknowledge and agree <br /> that Projects A-4 , A-51 A-6 , and A-7 shall be completed prior to the commencement of <br /> construction of Projects A- 12 and B- 3 . Upon the installation of Projects A- 12 and B - 3 , <br /> the County shall maintain such mangrove polishing systems at no cost to the District . <br /> The District does hereby grant to the County a right of access on , over , and across the <br /> District' s rights of way for the useful life of the structures and mangrove polishing <br /> systems herein described for purposes of construction , operation , maintenance , and <br /> repair of said structures and mangrove polishing systems . This provision shall survive <br /> the expiration or sooner termination of this Agreement and the grant of such access <br /> shall be for the useful life of each structure and the associated mangrove polishing <br /> system installed by the County . <br /> 4 . Unless otherwise terminated as provided herein , this Agreement shall have a <br /> term commencing on the Effective Date first set forth above and ending on August 19 , 2013 . <br /> Thereafter , this Agreement shall automatically renew on the same terms and conditions , for <br /> one ( 1 ) renewal term of ten ( 10 ) years . At the end of the renewal term , the parties <br /> shall <br /> renegotiate the terms of this Agreement . In the event either party desires to terminate this <br /> Agreement at any time during the initial term or any successive term , the party seeking to <br /> terminate the Agreement must provide at least ninety ( 90 ) days prior written notice to other <br /> party . The obligations of the County and the District under this Agreement are subject to the <br /> availability of funds lawfully appropriated for its purposes by each of the Indian River County <br /> Board of County Commissioners and the Board of Supervisors of the Indian River Farms <br /> Water Control District . <br /> 5 . This Agreement may be amended only by written agreement of the parties . A <br /> party requesting an amendment of this Agreement must propose such amendment in writing <br /> to the other party at least ninety ( 90 ) days prior to the proposed effective date of the <br /> amendment . <br /> 6 . The laws of the State of Florida shall govern all aspects of this Agreement . In <br /> the event it is necessary for either party to initiate legal action regarding this Agreement , <br /> venue shall be in the Nineteenth Judicial Circuit for claims under state law and in the <br /> Southern District of Florida for any claim that is justiciable in federal court . Solely to the <br /> extent permitted by Florida law , and in no event greater than the limits set forth in Florida <br /> N <br /> Statutes section 768 . 28 , the County hereby indemnifies the District and its officers and <br /> employees against all claims , losses , and liabilities (specifically excluding attorneys ' fees and <br /> expenses ) caused solely by the negligent acts or omissions of the County , its employees , O <br /> and elected officials arising out of, under , or in connection with , the County ' s performance to <br /> under this Agreement . Nothing contained herein shall be deemed or construed to provide , <br /> directly or indirectly , an indemnity from the County for any negligent acts or omissions of the <br /> District , its agents and employees arising out of, under , or in connection with this Agreement . <br /> Solely to the extent permitted by Florida law , and in no event greater than the limits set forth <br /> 4 <br />
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