HomeMy WebLinkAbout2023-077AMENDMENT NO. 2 TO WASTEWATER TREATMENT AGREEMENT
This Amendment No. 2 ("Amendment") to Wastewater Treatment Agreement (the "Wastewater Treatment
Agreement") is made and entered into this 18th of April 2023 (the "Effective Date") by and between the
Indian River County Solid Waste Disposal District, a special dependent district of Indian River County, Florida (the
"District") and Indian River Sustainability Center, LLC ("IRSC" or the "Company"). All capitalized terms used herein
but not otherwise defined will have the meanings ascribed to them in the Wastewater Treatment Agreement.
WHEREAS, on July 13, 2021, the District and IRSC (collectively, the "Parties") entered into the Wastewater
Treatment Agreement which governs the interaction, rights and responsibilities of the District and IRSC with
respect to designing, furnishing and operating a wastewater treatment plant (collectively, the "Evaporation
Plant") to treat landfill leachate from the District's landfill located in Vero Beach FL (the "Landfill"); and
WHEREAS, on March 31, 2023, the members of the IRSC have been amended to include solely Heartland Water
Technology, Inc. ("Heartland") and Proximo Energy, LLC ("Proximo").
WHEREAS, the Parties now desire to make three (3) changes to the Wastewater Treatment Agreement
(collectively, the "Changes") as more fully described in this Amendment (as contemplated in Section 5.2 of the
Wastewater Treatment Agreement):
WHEREAS, the Changes fall within the following categories: (i) reimbursement for costs and expenses incurred
by Heartland on behalf of the District related to certain scope changes (collectively, "Costs Related to Certain
Scope Changes"); (ii) reimbursement for costs and expenses which will be incurred by IRSC due to certain
Temporary Fixes (as defined below) which the District now plans to implement (collectively, "Costs Related to
Temporary Fixes"); and (iii) certain language relating to a release requested by the District in connection with
the approved design of the roll -off boxes (the "Roll -off Box Modification").
NOW, THEREFORE, in consideration of the mutual promises contained herein, it is agreed between the
District and IRSC as follows:
COSTS RELATED TO CERTAIN SCOPE CHANGES
A. Background
There are three (3) scope changes included in this Section relating to the following provisions in the
Wastewater Treatment Agreement:
(a) Under the terms of Section 3.3(c), "The District shall obtain all necessary Permits to allow for
installation and operation of the Evaporation Plant at the Evaporation Plant Site including
without limitation the Permits that are listed on Appendix D hereof." One such permit required
to be secured was a building permit.
(b) The Division of Responsibilities that is found in Appendix C Part 2 of the Wastewater Treatment
Agreement as amended by the First Amendment (the "DOR") contemplates that the District is
responsible for supply and installation of the Landfill Gas (LFG) and Nat Gas supply for thermal
energy.
(c) The Wastewater Treatment Agreement did not contemplate the need for IRSC to integrate with
Page 1 of 6
a site -wide SCADA system.
As to item (a) above, although IRSC had committed to provide technical assistance to the District in
securing permits, the District representatives asked IRSC to take on more responsibility to secure the
building permit than originally contemplated. Specifically, the District asked IRSC to take the lead to
complete the work necessary to secure the Building Permit on its behalf as soon as possible. As a
result, IRSC devoted unexpected internal engineering time and incurred costs from outside
consultants (e.g., Carlson) in order to meet the District's needs in this regard.
As to item (b) above, the District asked IRSC to take over responsibility for preparing the site,
completing the design and pouring the concrete for the natural gas pad foundation on its behalf.
As to item (c) above, due to permitting requirements surrounding the Crom tank, the District now
needs IRSC to integrate with the District's site wide SCADA system.
B. Breakdown of Costs Related to Certain Scope Changes
The following is a breakdown of the costs and expenses incurred by IRSC in this regard on behalf of
the District and includes both third party costs and internal engineering time:
COSTTOTAL
COST EACH
I UNITS
I MANUFACTURER
DESCRIPTION
Permit Related Costs
$5,360.46
$5,360.46 1
CEC
Permit fee's related to building permit tasks
$21,047.50
$21,047.50 1
CEC
CEC engineering hours related to building permit
tasks
NG Pad Costs
$1,000.00
$1,000.00 1
Broadway
Broadway Engineering
$1,512.00 $1,512.00 1 Belmore Belmore Concrete Construction
$251.00 $251.00 1 CEC CEC 10% markup on Belmore and Broadway
SCADA Integration
$477.19 $477.19 1 HWT HWT electrical hardware for fiber conversion
$120.00 $120.00 1 Dahlen Update prints due to SCADA change
The total value of Costs Related to Certain Scope Changes as described above is $29,768.15 (the "Scope
Change Amount").
C. Payment Terms
In the First Amendment to the Wastewater Treatment Agreement, the District received a credit of
$240,000 (the "Credit") related to some scope changes agreed to at the time the First Amendment was
executed. IRSC will invoice the District for the Scope Change Amount and then apply it to reduce the Credit. The
remaining amount of the Credit after this deduction is $210,231.85 (the "Remaining Credit").
Page 2 of 6
11. COSTS RELATED TO TEMPORARY FIXES
A. Background
Section 3.2 of the Wastewater Treatment Agreement and the DOR provide that both during the
Start-up Phase and during the Operating Term, the District will be responsible for, among other things: (i)
supplying to the Evaporation Plant (a) Wastewater for treatment which will be stored in the District Storage
Tank, and (b) landfill gas that needs to be routed into the Evaporation Plant in sufficient quantities and
quality for the Company to treat the Wastewater.
For reasons outside of IRSC's control, the District informed IRSC that (i) it will not be ready to make
the District Storage Tank available to IRSC during the planned Start Up Phase and for some time following COD
(the "Tank Issue"); and (ii) it will not complete the work for the landfill gas transfer system during the Start Up
Phase or for some time following COD (the "Gas Line Issue"). As a result, IRSC has worked with the District to
develop a plan to complete certain temporary fixes to the Tank Issue and the Gas Line Issue in order not to
further delay the Start Up Phase or COD (collectively, the "Temporary Fixes"). These Temporary Fixes will be
paid for and implemented by the District in accordance with the Parties' mutually agreed to plan for the
Temporary Fixes; putting them in place will give the District time to complete work as contemplated originally
under the Wastewater Treatment Agreement (the "Originally Planned Work").
B. Breakdown of Costs Related to Temporary Fixes
Unfortunately, installation by the District of the Temporary Fixes and completion of the Originally
Planned Work as contemplated will result in the need for IRSC to devote certain previously unbudgeted
engineering time and complete two separate recommissioning exercises (each an "Occurrence" and collectively,
the "Additional IRSC Work").
The time spent by IRSC engineers to support the District in development of the Temporary Fixes, and
to validate and confirm the workability of the proposed Temporary Fixes was extensive. That said, IRSC proposes
charging the District for only 22 hours or $2,640 ("Supplemental Engineering Cost").
The following is a cost breakdown for the Additional IRSC Work per Occurrence that will be required
each time Evaporation Plant is ready to be recommissioned:
1. Engineering Support ..................................................................................................... $960 per day
2. Site Installation and Support by Heartland Field Crew......................................................$840 per day
3. Travel and Per Diem (Lodging, Food & local transportation) . ..........................................Billed at Cost
If due to circumstances on the ground, additional time is needed for IRSC to complete the required
work of any Occurrence beyond that described above, IRSC will change the District on a T&M basis at the rates
listed below:
Service Manager: $150 per hour
Engineering: $120 per hour
Service Technician: $105 per hour
Travel and Per Diem (Lodging, Food & local transportation): Billed at Cost
During the period while IRSC is operating the Evaporation Plant with the Temporary Fixes in place,
any rights of the District (under the Wastewater Treatment Agreement or otherwise) to penalize IRSC for failure
Page 3 of 6
to meet its contractual performance requirements or claim a Company Event of Default will be suspended; such
rights will be reinstated once the Originally Planned Work is fully completed by the District and the Evaporation
Plant has been fully and finally re -commissioned.
C. Payment Terms
IRSC will invoice the District for Supplement Engineering Cost promptly after execution and approval
by the District of this Second Amendment.
IRSC will invoice the District for Additional IRSC Work relating to the Tank Issue promptly following
completion of the portion of the Additional IRSC Work relating to the Tank Issue.
IRSC will invoice the District for the portion of the Additional IRSC Work relating to the Gas Line Issue
promptly following completion of the portion of the Additional IRSC Work relating to the Gas Line Issue.
Each amount invoiced will be applied to the Remaining Credit until it is exhausted, after which any
amounts remaining due and payable by the District for Costs Related to Temporary Fixes will be due and payable
within thirty (30) days of receiving the applicable invoice.
Ill. ROLL -OFF BOX MODIFICATION
A. Background
The design basis for IRSC's Evaporation Plant being built by IRSC to treat the District's leachate
contemplated the installation of metal stands to hold the roll -off boxes where residual will be collected following
leachate processing. Under the Wastewater Treatment Agreement, the District is the party who is solely
responsible for disposal of all residual material collected in the roll -off boxes.
The District plans to have that activity performed by its subcontractor, Republic Services ("Republic")
once the Evaporation Plant is operational. Republic has asked the District for some contractual protection in the
event that it damages the roll of boxes or the stand while removing residual. Since IRSC has no direct legal
relationship with Republic, IRSC has proposed that the District and IRSC amend the Wastewater Services
Agreement to address this concern.
B. Modifications to the Wastewater Treatment Agreement to Address Roll Off Box Issue
1. Section 3.2 of the Wastewater Treatment Agreement is hereby amended to add the following
as a new subsection (f) as follows:
"(f) The Company will work with the District and its vendor Republic Services ("Republic") to
develop standard operating procedures for Republic to use when removing residual from
the Evaporation Plant ("Residual Removal SOPS") and a process to ensure that personnel
charged with removing residual from the Plant have been properly trained and certified by
IRSC ("Certified Operators"). IRSC has already modified certain aspects on the Evaporation
Plant to reduce the risk that the roll off boxes or stands will be damaged in the ordinary
course of business (e.g., adding a concrete barrier in front of the stands holding the roll -off
boxes)."
2. Section 7.2 of the Wastewater Treatment Agreement is hereby amended to add the following
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as a new subsection (c) as follows:
"(c) Claimable Damages for Certain Roll Off Box Issues.
(i) Except as otherwise provided in this Section 7.2(c), the Company hereby agrees to
release the District from liability for the cost of repairing or replacing the stands or
the roll -off boxes in the event the stands or roll -off boxes themselves are
damaged by the District or Republic (or other Certified Operator) while residual is
being loaded or offloaded from the roll -off boxes ("Claimable Damages").
(ii) A given damage will only be deemed to be a Claimable Damage if the cause of
such damage is not due to Republic or the District's negligence, willful
misconduct, use of personnel who are not Certified Operators or failure to follow
the Residual Removal SOPS. This release will mean that if any such Claimable
Damages occur, the Company will forgo its rights hereunder to seek recourse or
reimbursement, directly or indirectly, from the District for the cost of such repair
or replacement of the roll off boxes or stands.
(iii) Any other claims that the Company may have that relate to damages that don't
constitute Claimable Damages (e.g., the cost of cleaning up a leachate spill that
occurred as a result of such damage to the roll -off -boxes or stands) will continue
to be governed by the terms of this Agreement.
(iv) Notwithstanding anything to the contrary contained herein, nothing in this letter
is intended to modify any of the obligations of the parties under the Agreement or
release the District or Republic in the event any of their actions or omissions
causes damage to any other property, processes or persons or prevents the
Company from timely performance of its obligations under the Agreement."
The rest of this page is left intentionally blank.
Page 5 of 6
This Amendment is effective on the date first written above. Except as expressly modified by this
Amendment, all other terms of the Wastewater Treatment Agreement remain in full force and effect.
ATTEST: Jeffrey R. Smith, Clerk INDIAN RIVER COUNTY SOLID "
y •"'pti1MlSg ' •.
WASTE DISPOSAL DISTRICT
By: By:
Deputy Clerk eph H. larman, Chairmak 'Q
District Approved: April 18, 2023';9,.'••..:
VER COCA
APPROVED:
By:
Michael . Zito
Interim County Administrator
APPROVED AS TO LEGAL
FOR7DReingold AND SUFFICIENCY:
By:
County Attorney INDIAN RIVER SUSTAINABILITY CENTER, LLC
WITNESSES: By: Heartland Water Technology, Inc.,
itsM Waging Member
t`tir¢ �CNy
Nam . Susan C. Portin
Title: EVP, Business and Legal Affairs
/ Date:
APPROVED:
By:
e6;2
Name: Alain Castro
Title: Managing Partner, Proximo Energy
Date: 01hl 1-7-3
Page 6 of 6
IN WITNESS WHEREOF, the Parties have caused this instrument to be executed as
of the day and year first above written.
ATTEST: Jeffrey R. Smith, Clerk
By:
Deputy Clerk
APPROVED:
By:
Mich e . Zito
Interim County Administrator
APPROVED AS TO LEGAL
FORM AND SUFFICIEN
By:
Djled�Reingold
County Attorney
INDIAN RIVER COUNTY •••••"•••••
•••Mrphr
sS/ ••,
SOLID WASTE DISPOSAL DIST �'✓F `•..
By- 7,
sep H. , Chairman Qe
District Approved: April 1&; :�2 �.gtiR
''••. !VER C6�.
[Executions Continued on Following Page]
4
Execution Page Continued — FirstAmended and Restated Site Access Agreement
WITNESSES:
INDIAN RIVER SUSTAINABILITY
CENTER,LLC
By: Heartland Water Technology, Inc.,
its anaging Memb
Name: Susan C. Portin
Title: EVP, Business and Legal Affairs
Date:���
APPROVED:
By: CACOMA-^rr
Name: Alain Castro
Title: Managing Partner, Proximo Energy
Date:
L4".
..A -9
INDIAN RIVER SUSTAINABILITY
CENTER,LLC
By: Heartland Water Technology, Inc.,
its anaging Memb
Name: Susan C. Portin
Title: EVP, Business and Legal Affairs
Date:���
APPROVED:
By: CACOMA-^rr
Name: Alain Castro
Title: Managing Partner, Proximo Energy
Date:
Exhibit "A"
The "Premises"
SKETCH AND DESCRIPTION
LEASE PREMISE PARCEL
13th STREET SW
THIS PARCEL
TRACT 12 TRACT 11 TRACT 10 TRACT
SECTION 25,
--TOWNSHIP 33 SOUTH_ , !L11 RANGE 38 EAST
TRACT 13 TRACT 14 TRACT 15 TRACT 16 Q
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NOTES:
1. BEARING SHOWN HEREON ARE BASED ON FOUND MONUMENTS FOR THE NORTH LINE OF TRACT 12 AND TRACT 11, AS
MEASURED, BEARING SOUTH 89°41'37" EAST.
2. THIS SKETCH AND DESCRIPTION CONSISTS OF 3 SHEETS, AND EACH SHEET SHALL NOT BE CONSIDERED FULL, VALID
AND COMPLETE UNLESS ATTACHED TO EACH OTHER.
3. THIS SKETCH AND DESCRIPTION WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, NO INFORMATION
REGARDING EASEMENTS, RIGHTS-OF-WAY, AND/OR OWNERSHIP WAS PROVIDED TO OR PURSUED BY THE
UNDERSIGNED. ENCUMBRANCES OTHER THAN SHOWN HEREON MAY EXIST. THIS DOCUMENT IS SUBJECT TO
PERTINENT EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS OF RECORD, IF ANY. ENCUMBRANCES OTHER THAN
SHOWN HEREON MAY EXIST.
4. THIS SKETCH AND DESCRIPTION IS IN DRAFT FORM TO SUBMIT TO OBTAIN A TITLE REPORT AND/OR TITLE
COMMITMENT ONLY. CARSON ENVIRONMENTAL CONSULTANTS, PC. WILL REVISE AND FINALIZE THIS SKETCH AND
DESCRIPTION AFTER RECEIPT OF THE TITLE REPORT AND AFTER COMPLETION OF A PARTIAL BOUNDARY SURVEY OF
THE OWNERS PARCEL.
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION AND OTHER PERTINENT DATA SHOWN HEREON, OF THE ABOVE
DESCRIBED PROPERTY, CONFORMS TO THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN THE STATE OF FLORIDA,
AS OUTLINED IN RULES 5J-17.051 AND 5J-17.052, (FLORIDA ADMINISTRATIVE CODE) AS ADOPTED BY THE DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981,
AS AMENDED, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES AND THAT SAID SURVEY IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION FROM NOVEMBER 2021.
DATE OF LAST FIELD WORK NOVEMBER 3, 2021.
FIELDBOOK: IRC, PGS 1 - 3
THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS MESSINA JR., PSM#6559. ON
THE DATE ADJACENT TO THE SEAL
THIS SURVEY MAP OR COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
SEAL OR A UNIQUE ELECTRONIC SIGNATURE OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR NICHOLAS ME I R THE FIRM
AND MAPPER UNDER CHAPTER RULES 5J-17.061 & 5J-17.062 FLORIDA ADMINISTRATIVE CODE. FLORIDA PROFESSIONAL SURVEYOR AND MAPPER NO 6559
PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE CARLSON ENVIRONMENTAL CONSULTANTS, PC
SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. LICENSED BUSINESS NUMBER #8396
UPDATES and/or REVISIONS DATE BY CICD PROJECT: CARLSON ENVIRONMENTAL CONSULTANTS, PC
REVISED NORTH BOUNDARY 03/28/23 NM LEASE PREMISE PARCEL FOR 305 SOUTH MAIN STREET (704)289-9765
INDIAN RIVER COUNTY LANDFILL MONROE, NORTH CAROLINA 28112 FAX (704) 283-9755
EVAPORATOR SITE CEC LB# 8386 SCALE: NTS PROJECT NO.: 208.04.11
DWG: IRC-SD-Lease-Revised2
CLIENT: DATE: FEB 11, 2022
HEARTLAND WATER TECHNOLOGY - < -,r
WWW.CECENV.COM SHEET NO.: 1 OF 3
SKETCH AND DESCRIPTION
LEASE PREMISE PARCEL
DESCRIPTION:
A PORTION OF TRACT 9, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST
GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25
OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA NOW LYING IN INDIAN RIVER COUNTY, FLORIDA.
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 9; THENCE NORTH 89°43'10" WEST, ALONG THE
NORTH LINE OF SAID TRACT 9, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00°14'46" WEST, ALONG THE
WEST RIGHT-OF-WAY OF 74TH/ AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 1310 PAGE 1368, OF
THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, A DISTANCE OF 773.09 FEET; THENCE WEST, A DISTANCE
OF 87.97 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE WEST, A DISTANCE OF 77.20 FEET TO THE
POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 56°14123", FOR AN ARC LENGTH
OF 24.54 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 51.00 FEET, A CENTRAL ANGLE OF
40°00'01 ", FOR ARC LENGTH OF 35.60 FEET; THENCE NORTH 60°48'56" WEST, ALONG A LINE NON -TANGENT
FROM THE LAST DESCRIBED CURVE, A DISTANCE OF 44.56 FEET; THENCE WEST, A DISTANCE OF 212.02
FEET; THENCE NORTH 50016'09" EAST, A DISTANCE OF 37.55 FEET; THENCE EAST, A DISTANCE OF 156.25
FEET; THENCE NORTH 36°35'28" EAST, A DISTANCE OF 12.45 FEET; THENCE NORTH, A DISTANCE OF 22.65
FEET; THENCE EAST, A DISTANCE OF 19.75 FEET; THENCE NORTH, A DISTANCE OF 34.35 FEET; THENCE
EAST, A DISTANCE OF 142.25 FEET; THENCE SOUTH, A DISTANCE OF 32.00 FEET; THENCE EAST, A
DISTANCE OF 22.50 FEET; THENCE SOUTH, A DISTANCE OF 49.00 FEET TO THE POINT OF BEGINNING;
SAID LANDS SITUATE IN CITY OF VERO BEACH, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 19,607
SQUARE FEET OR 0.450 ACRES, MORE OR LESS.
UPDATES and/or REVISIONS I DATE I BY I CWD PROJECT'.
REVISED NORTH BOUNDARY 03101/23 NM
CLIENT
LEASE PREMISE PARCEL FOR
INDIAN RIVER COUNTY LANDFILL
EVAPORATOR SITE
HEARTLAND WATER TECHNOLOGY
CARLSON ENVIRONMENTAL CONSULTANTS, PC
305 SOUTH MAIN STREET (704) 283-9765
MONROE, NORTH CAROLINA 28112 FAX (704) 283-9755
CEC LB# 8396 I SCALE: NTS PROJECT NO.'. 208.04.11
DWG: IRC-SD-Lease-ReWi d2
DATE: FEB 11, 2022
WWW.CECENV.COM SHEET NO.: 2 OF 3
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NOTES:
1. BEARING SHOWN HEREON ARE BASED ON FOUND MONUMENTS FOR THE NORTH LINE OF TRACT 12 AND TRACT 11, AS
MEASURED, BEARING SOUTH 89°41'37" EAST.
2. THIS SKETCH AND DESCRIPTION CONSISTS OF 8 SHEETS, AND EACH SHEET SHALL NOT BE CONSIDERED FULL, VALID
AND COMPLETE UNLESS ATTACHED TO EACH OTHER.
3. THIS SKETCH AND DESCRIPTION WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, NO INFORMATION
REGARDING EASEMENTS, RIGHTS-OF-WAY, AND/OR OWNERSHIP WAS PROVIDED TO OR PURSUED BY THE
UNDERSIGNED. ENCUMBRANCES OTHER THAN SHOWN HEREON MAY EXIST. THIS DOCUMENT IS SUBJECT TO
PERTINENT EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS OF RECORD, IF ANY. ENCUMBRANCES OTHER THAN
SHOWN HEREON MAY EXIST.
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY THAT THIS SKETCH AND DESCRIPTION AND OTHER PERTINENT DATA SHOWN HEREON, OF THE ABOVE
DESCRIBED PROPERTY, CONFORMS TO THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN THE STATE OF FLORIDA,
AS OUTLINED IN RULES 5J-17.051 AND 5J-17.052, (FLORIDA ADMINISTRATIVE CODE) AS ADOPTED BY THE DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981,
AS AMENDED, PURSUANT TO CHAPTER 472.027, FLORIDA STATUTES AND THAT SAID SURVEY IS TRUE AND CORRECT TO
THE BEST OF MY KNOWLEDGE AND BELIEF AS SURVEYED UNDER MY DIRECTION IN FEBRUARY 2022.
DATE OF LAST FIELD WORK FEBRUARY 17, 2022.
FIELDBOOK: IRC, PGS 1 - 3
THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY NICHOLAS MESSINA JR., PSM#6559. ON
THE DATE ADJACENT TO THE SEAL
THIS SURVEY MAP OR COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
SEAL OR A UNIQUE ELECTRONIC SIGNATURE OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR NICHOLAS MESSINA JR., FOR THE FIRM
AND MAPPER UNDER CHAPTER RULES 5J-17.061 & 5J-17.062 FLORIDA ADMINISTRATIVE CODE. FLORIDA PROFESSIONAL SURVEYOR AND MAPPER NO 6559
PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE CARLSON ENVIRONMENTAL CONSULTANTS, PC
SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. LICENSED BUSINESS NUMBER #8396
UPDATES and/or REVISIONS DATE BY C1cD PROJECT: CARLSON ENVIRONMENTAL CONSULTANTS, PC
REVISED PER TITLE REPORT AND SURVEY 3/18/22 NM LW ACCESS EASEMENT FOR LEASE PREMISE 305 SOUTH MAIN STREET (704) 283-9765
INDIAN RIVER COUNTY LANDFILL MONROE, NORTH CAROLINA 0112 FAX(704)283-9755
EVAPORATOR SITE CEC LB# 8396 I SCALE: N/A PROJECT NO.: 208.04.11
DWG: IRC -SD -Access Easement
CLIENT: �, -.' DATE: FEB28,2022
HEARTLAND WATER TECHNOLOGY SHEET No.:
WWW.CECENV.COM 1 OF 8
SKETCH AND DESCRIPTION
ACCESS EASEMENT
DESCRIPTION: ACCESS EASEMENT
A PORTION OF TRACT 9, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL
PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA NOW LYING IN INDIAN RIVER COUNTY, FLORIDA.
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT 9; THENCE NORTH 89°43'10" WEST, ALONG THE NORTH
LINE OF SAID TRACT 9, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00°14'46" WEST, ALONG THE WEST RIGHT-OF-WAY
OF 74TH AVENUE, AS RECORDED IN OFFICIAL RECORDS BOOK 1310 PAGE 1368, OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, A DISTANCE OF 81.71 FEET TO THE POINT OF BEGINNING #1; THENCE CONTINUE SOUTH 00°14'46"
WEST, A DISTANCE OF 53.00 FEET; THENCE SOUTH 89°50'00" WEST, A DISTANCE OF 37.30 FEET TO THE POINT OF
CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY. THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE
HAVING A RADIUS OF 100.00 FEET; A CENTRAL ANGLE OF 24°19'24", FOR AN ARC LENGTH OF 42.45 FEET TO THE
POINT OF TANGENCY; THENCE SOUTH 65°30'36" WEST, A DISTANCE OF 28.82 FEET TO THE POINT OF CURVATURE OF
A CURVE CONCAVE NORTHWESTERLY. THENCE SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A
RADIUS OF 100.00 FEET; A CENTRAL ANGLE OF 24°19'24", FOR AN ARC LENGTH OF 42.45 FEET TO THE POINT OF
TANGENCY; THENCE SOUTH 89°50'00" WEST, A DISTANCE OF 306.66 FEET; THENCE NORTH 87°28'55" WEST, A
DISTANCE OF 115.55 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY. THENCE
SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 FEET; A CENTRAL ANGLE OF
93°38'55", FOR AN ARC LENGTH OF 122.59 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01°07'49" EAST, A
DISTANCE OF 472.68 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY. THENCE
SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 75.00 FEET; A CENTRAL ANGLE OF 88°52'12"
FOR AN ARC LENGTH OF 116.33 FEET TO THE POINT OF TANGENCY; THENCE EAST, A DISTANCE OF 135.00 FEET; THE
LAST DESCRIBED COURSE BEING ALONG THE SOUTH LINE OF A LEASE PREMISE PARCEL AND A WESTERLY
EXTENSION THEREOF;THENCE SOUTH, A DISTANCE OF 15.00 FEET; THENCE WEST, A DISTANCE OF 146.79 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY. THENCE SOUTHWESTERLY, ALONG THE ARC OF
SAID CURVE HAVING A RADIUS OF 75.00 FEET; A CENTRAL ANGLE OF 35°19'19", FOR AN ARC LENGTH OF 46.24 FEET
TO THE POINT COMPOUND CURVATURE OF A CURVE CONCAVE EASTERLY. THENCE SOUTHWESTERLY AND
SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET; A CENTRAL ANGLE OF
107°56'08", FOR AN ARC LENGTH OF 47.10 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 52°52'19" EAST, A
DISTANCE OF 52.29 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE
SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 59.00 FEET; A CENTRAL ANGLE OF 14°44'19",
FOR AN ARC LENGTH OF 15.18 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 38°08'01" EAST, A DISTANCE OF
28.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY. THENCE SOUTHEASTERLY,
ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 78.00 FEET; A CENTRAL ANGLE OF 52°59'42", FOR AN ARC
LENGTH OF 72.15 FEET TO THE POINT OF TANGENCY; THENCE NORTH 88°52'17" EAST, A DISTANCE OF 268.59 FEET
TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY. THENCE EASTERLY AND NORTHERLY,
ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 35.00 FEET; A CENTRAL ANGLE OF 88°42'55", FOR AN ARC
LENGTH OF 54.19 FEET TO THE POINT OF TANGENCY; THENCE NORTH 00°09'22" EAST, A DISTANCE OF 20.62 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE NORTHERLY, ALONG THE ARC OF SAID
CURVE HAVING A RADIUS OF 85.00 FEET; A CENTRAL ANGLE OF 31 °37'27", FOR AN ARC LENGTH OF 46.92 FEET TO THE
POINT OF TANGENCY; THENCE NORTH 31°28'05" WEST, ALONG A LINE NON -RADIAL TO THE NEXT DESCRIBED
COURSE, A DISTANCE OF 42.67 FEET TO A POINT ON THE ARC OF A CURVE WHOSE RADIUS POINT BEARS NORTH
16°14'22" WEST FROM THE LAST DESCRIBED POINT; THENCE NORTHEASTERLY, ALONG THE ARC OF SAID CURVE AND
ALONG THE SOUTH OF SAID LEASE PREMISE PARCEL, HAVING A RADIUS OF 51.00 FEET, A CENTRAL ANGLE OF
34°13'42", FOR AN ARC LENGTH OF 30.47 FEET; THENCE SOUTH 31°28'05" EAST, ALONG A LINE NON -RADIAL FROM THE
LAST DESCRIBED COURSE, A DISTANCE OF 43.66 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHWESTERLY. THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 115.00 FEET; A
CENTRAL ANGLE OF 31°37'27", FOR AN ARC LENGTH OF 63.47 FEET TO THE POINT OF TANGENCY; THENCE SOUTH
00°09'22" WEST, A DISTANCE OF 28.32 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY.
THENCE SOUTHEASTERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET; A
CENTRAL ANGLE OF 97°52'35", FOR AN ARC LENGTH OF 42.71 FEET TO THE POINT
UPDATES and/or REVISIONS DATE I
By CWD PROJECT: CARLSON ENVIRONMENTAL CONSULTANTS, PC
ACCESS EASEMENT FOR LEASE PREMISE
305 SOUTH MAIN STREET (704) 283-9765
INDIAN RIVER COUNTY LANDFILL MONROE,NORTHCAROLINA 28„2 FAX(704)283-9755
EVAPORATOR SITE CEC LB# 8396 I SCALE. N/A PROJECT NO.: 20 .04.11
DWG: IRC -SD -Access Easement
CLIENT: DATE: FEB 28, 2022
HEARTLAND WATER TECHNOLOGY WWW.CECENV.COM SHEET NO.:2 OF 8
SKETCH AND DESCRIPTION
ACCESS EASEMENT
DESCRIPTION: ACCESS EASEMENT (CONTINUED)
OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHWESTERLY; THENCE EASTERLY, NORTHEASTERLY AND
NORTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 68.00 FEET; A CENTRAL ANGLE OF 82°16'47", FOR
AN ARC LENGTH OF 97.65 FEET TO THE POINT OF TANGENCY; THENCE NORTH, A DISTANCE OF 44.56 FEET TO THE
POINT OF CURVATURE OF A CURVE CONCAVE SOUTHWESTERLY. THENCE NORTHERLY AND NORTHEASTERLY,
ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 44.00 FEET; A CENTRAL ANGLE OF 70°29'27", FOR AN ARC
LENGTH OF 54.13 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70°29'27" WEST, A DISTANCE OF 37.59 FEET;
THENCE EAST, A DISTANCE OF 38.94 FEET; THENCE NORTH, A DISTANCE OF 11.66 FEET; THE LAST TWO (2)
DESCRIBED COURSE BEING ALONG THE SOUTH LINE AND THE EAST LINE OF SAID LEASE PREMISE PARCEL. THENCE
SOUTH 70°29'27" EAST, A DISTANCE OF 4.78 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHWESTERLY. THENCE SOUTHEASTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS
OF 68.00 FEET; A CENTRAL ANGLE OF 70°29'27", FOR AN ARC LENGTH OF 83.66 FEET TO THE POINT OF TANGENCY;
THENCE SOUTH, A DISTANCE OF 44.56 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY.
THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 92.00
FEET; A CENTRAL ANGLE OF 88°52'17", FOR AN ARC LENGTH OF 142.70 FEET TO THE POINT OF TANGENCY; THENCE
SOUTH 88°52'17" WEST, A DISTANCE OF 353.45 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
NORTHEASTERLY. THENCE WESTERLY AND NORTHWESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF
102.00 FEET; A CENTRAL ANGLE OF 52°59'42", FOR AN ARC LENGTH OF 94.34 FEET TO THE POINT OF TANGENCY;
THENCE NORTH 38°08'01" WEST, A DISTANCE OF 28.37 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE
SOUTHWESTERLY. THENCE NORTHWESTERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF
35.00 FEET; A CENTRAL ANGLE OF 52°35'02", FOR AN ARC LENGTH OF 32.12 FEET TO THE POINT OF TANGENCY;
THENCE SOUTH 89°16'57" WEST, A DISTANCE OF 45.02 FEET; THENCE NORTH 01°07'49" WEST, A DISTANCE OF 812.98
FEET; THENCE NORTH 89°50'00" EAST, A DISTANCE OF 90.21 FEET TO A POINT, SAID POINT HEREINAFTER TO BE
KNOWN AS REFERENCE POINT "A"; THENCE CONTINUE NORTH 89°50'00" EAST, A DISTANCE OF 583.27 FEET TO THE
POINT OF BEGINNING #1;
LESS AND EXCEPT
A PORTION OF TRACT 9, SECTION 25, TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO THE LAST GENERAL
PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA NOW LYING IN INDIAN RIVER COUNTY, FLORIDA.
COMMENCE AT SAID REFERENCE POINT "A". THENCE SOUTH 00°10'00" EAST, A DISTANCE OF 30.81 FEET TO THE
POINT OF BEGINNING #2; THENCE NORTH 89°50'00" EAST, A DISTANCE OF 458.88 FEET TO THE POINT OF CURVATURE
OF A CURVE CONCAVE SOUTHWESTERLY. THENCE SOUTHEASTERLY AND SOUTHERLY, ALONG THE ARC OF SAID
CURVE HAVING A RADIUS OF 10.00 FEET; A CENTRAL ANGLE OF 109°07'33", FOR AN ARC LENGTH OF 19.05 FEET TO
THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE NORTHWESTERLY. THENCE SOUTHWESTERLY AND
WESTERLY, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 35.00 FEET; A CENTRAL ANGLE OF 70°52'27", FOR
AN ARC LENGTH OF 43.29 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89°50'00" WEST, A DISTANCE OF 304.62
FEET; THENCE NORTH 87°28'55" WEST, A DISTANCE OF 131.49 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE NORTHEASTERLY. THENCE NORTHWESTERLY AND NORTHERLY, ALONG THE ARC OF SAID CURVE HAVING A
RADIUS OF 15.00 FEET; A CENTRAL ANGLE OF 87°18'55", FOR AN ARC LENGTH OF 22.86 FEET TO THE POINT OF
TANGENCY; THENCE NORTH 00°10'00" WEST, A DISTANCE OF 0.67 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE SOUTHEASTERLY. THENCE NORTHERLY AND NORTHEASTERLY, ALONG THE ARC OF SAID CURVE HAVING A
RADIUS OF 15.00 FEET; A CENTRAL ANGLE OF 90°00'00", FOR AN ARC LENGTH OF 23.56 FEET TO THE POINT OF
BEGINNING #2.
SAID LANDS SITUATE IN CITY OF VERO BEACH, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 83,255 SQUARE FEET OR
1.911 ACRES, MORE OR LESS.
UPDATES and/or REVISIONS DATE By CKD PROJECT CARLSON ENVIRONMENTAL CONSULTANTS, PC
ACCESS EASEMENT FOR LEASE PREMISE
INDIAN RIVER COUNTY LANDFILL MONROE, FAX n04)2839755
EVAPORATOR SITE CEC LB# 6396 SCALE: N/A PROJECT NO.. 208 04.11
DWG: IRC -SD -Access Easement
CLIENT: DATE: FEB 28, 2022
HEARTLAND WATER TECHNOLOGY COM ` SHEET NO.: 3 OF 8
N -L INE, S 1/2, SECT/ON 25-33-38 I N. L/NE TRA CT9
LESS & EXCEPT I
PROPOSED ACCESS E SEMEN J
SKETCH AND DESCRIPTION
LEGEND:
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P.B.
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Parcel ID: 33382500001009000001.0
OWNER: INDIAN RIVER COUNTY
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Address: 1325 74TH AV SW, VERO BEAC , FL
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PROJECT:
ACCESS EASEMENT FOR LEASE PREMISE
INDIAN RIVER COUNTY LANDFILL
EVAPORATOR SITE
CARLSON ENVIRONMENTAL
305 SOUTH MAIN STREET
MONROE, NORTH CAROLINA 28112
CONSULTANTS, PC
(704) 283-9785
FAX (704) 283-9755
CEC LB# 8398 SCALE: 1'=1W
PROJECT NO.: 208.04.11
"'
` `
DWG: IRC -SO -Access Easement
CLIENT:
HEARTLAND WATER TECHNOLOGY`
DATE: FEB 28, 2022
SHEET NO.:
4 OF 8
WWW.CECENV.COM
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TRACT 9
lao m y SECTION 25,
A z TOWNSHIP 33 SOUTH, 50' 30' 50' S0'
° RANGE 38 EAST
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Prepared by and after recording return to:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
THIS FIRST AMENDED AND RESTATED SITE ACCESS AGREEMENT
("Access Agreement') is made effective as of the 12th day of April , 2023
(the `Effective Date"), by and between INDIAN RIVER SUSTAINABILITY CENTER,
LLC ("Operator'), and INDIAN RIVER COUNTY SOLID WASTE DISPOSAL
DISTRICT, a special dependent district of Indian River County, Florida ("District").
Operator and District are referred to herein collectively as the "Parties" and individually
as a 46p 19
RECITALS
WHEREAS, Operator and District entered into that certain Wastewater
Treatment Agreement, dated as of July 13, 2021 (as such may be further amended or
assigned from time -to -time, collectively, the "Treatment Agreement'), pursuant to which
Operator is authorized to install, operate, maintain, repair, replace and remove a 30,000
gallons -per -day wastewater evaporation plant featuring a Type 3 LM -HTS Heartland
Concentratofrm System (collectively, the "Project") located on certain real property,
improvements and appurtenances as more particularly described on Exhibit "A" attached
hereto and by reference incorporated herein (the "Premises").
WHEREAS, pursuant to the terms of the Treatment Agreement, the Operator will
process (by evaporation) the District's wastewater at the Project for the term of the
Treatment Agreement, provided that the District provides sufficient quantities of
wastewater and other required inputs as required in the Treatment Agreement, which
items include, without limitation, access to the Premises.
WHEREAS, District and Operator entered into a Site Access Agreement dated
June 7, 2022 (the "Original Agreement"), whereby District granted access to the Premises
to Operator in order to allow Operator to perform its duties and obligations under the
Treatment Agreement.
WHEREAS, the District and Operator desire to replace the Original Agreement
with this Access Agreement, in order to update the boundaries of the Premise.
NOW, THEREFORE, in consideration of good and valuable considerations,
including, without limitation, and where applicable, each Party's respective duties and
obligations under the Treatment Agreement, the Parties agree as follows:
1. Grant and Term. From and after the Effective Date, and continuing until
the earlier of the termination of the Treatment Agreement but not later than twenty (20)
years from the Commercial Operation Date of the Project as defined in the Treatment
Agreement, District grants to Operator the right to access and to conduct all activities
necessary to perform its obligations and to enjoy any rights it may have under the
Treatment Agreement, including but not limited to the operation, maintenance, service,
repair and removal of the Project in accordance with the terms and provisions of the
Treatment Agreement, including, without limitation, access from 6:OOAM to 6:OOPM
daily and off -hours with adherence to the District's site access protocols.
2. Consideration. In consideration of the right to access and use the
Premises, Operator shall pay to the District the sum of $1.00.
3. Indemnification. In addition to any other obligations that Operator has
under the Treatment Agreement, Operator hereby agrees to protect, indemnify, defend
and hold harmless District, along with its employees, tenants, invitees, contractors,
lenders and agents from any and all claims, losses, damages, expenses, liabilities,
demands and causes of action arising from, caused by, related to or involving (i) the entry
onto or use of the Premises by Operator, or by the Operator's contractors, agents and/or
consultants ("Operator's Consultants"), including, but not limited to, performance of
construction or maintenance work relating to the Project, or (ii) any acts, omissions or
negligence of Operator or Operator's Consultants.
4. No Modification. Nothing herein shall be deemed to modify or amend the
terms and provisions of the Treatment Agreement or limit any party's duties, obligations,
rights and interests thereunder.
5. Assignment. The District shall not assign any of its rights or obligations
hereunder without the prior written consent of the Operator. The Operator may assign
(including any collateral assignment) any of its rights and obligations hereunder to any
lender providing financing for the benefit of the Operator.
6. Severability. If any provision of this Access Agreement is held to be illegal,
invalid or unenforceable, (a) the legality, validity and enforceability of the remaining
provisions of this Access Agreement shall not be affected or impaired thereby and (b) the
parties shall endeavor in good faith negotiations to replace the illegal, invalid or
unenforceable provision with valid provisions the economic effect of which comes as close
as possible to that of the illegal, invalid or unenforceable provision. The invalidity of a
provision of this Access Agreement in a particular jurisdiction shall not invalidate or render
unenforceable such provision in any other jurisdiction.
7. Counterparts. This Access Agreement may be executed by the Parties and
transmitted electronically or by facsimile in as many counterparts as the Parties may
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deem necessary and convenient, and all such counterparts taken together shall constitute
but one and the same instrument.
8. Entire Agreement. This Access Agreement contains the entire
understanding and agreement of the Parties with respect to its subject matter, and
supersede any prior understandings or agreements, whether written, oral or otherwise.
9. Governing Law. This Access Agreement shall be governed by the laws of
the State of Florida, without regard to the conflicts of law principles that would result in
the application of any law other than the law of the State of Florida. THE PARTIES
HEREBY IRREVOCABLY SUBMIT TO THE NONEXCLUSIVE JURISDICTION OF
ANY STATE OR FEDERAL COURT IN FLORIDA WITH RESPECT TO ANY
ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS ACCESS
AGREEMENT. EACH PARTY HERETO IRREVOCABLY AND
UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY ACTION, SUIT OR
PROCEEDING RELATING TO A DISPUTE AND FOR ANY COUNTERCLAIM
WITH RESPECT THERETO.
[SEPARATE SIGNATURE PAGES ATTACHED]
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