Posner Park LLP Agreement Transit Stop.pdf - Polk County

out of the design, construction, operation and maintenance of Bus Route 427, transit shelters,
pads and associated facilities resulting therefrom. Nothing herein either express or implied
shall be deemed a waiver of POLK COUNTY’s sovereign immunity under Section 768.28,
Florida Statutes. None of the Parties shall be responsible for any kind of regulatory violation,
fine, cost, damage or claim for damages caused by or arising out of, in whole or in part, any
other Party’s negligent conduct.
11. The effective date of this AGREEMENT shall be the last date in which this
AGREEMENT is executed by one of the Parties (hereinafter known as “EFFECTIVE
DATE”).
12. This AGREEMENT and the rights and obligations of POLK COUNTY and
OWNER hereunder shall be interpreted, governed by, construed under, and enforced in
accordance with the applicable laws of the State of Florida, and the Laws of Polk County, and
any amendments thereto in effect as of the EFFECTIVE DATE of this AGREEMENT.
13. Each Party shall bear its own expense for any litigation resulting from this
AGREEMENT, which shall include but not be limited to attorney fees and applicable courts
costs, including appellate proceedings.
14. If any section, phrase, sentence or portion of this AGREEMENT is, for any
reason, held to be invalid by any court of competent jurisdiction, such portion shall be deemed
as a separate, distinct, and independent provision, and such holding shall not affect the
validity of the remaining portions hereof.
15. This AGREEMENT shall be binding upon and inure to the benefit of all
successors and/or assigns of the Parties hereto.
16. This AGREEMENT contains the entire understanding between the Parties and
the Parties agree that no representation was made by or on behalf of either that is not
contained in those agreements, and that in entering into this AGREEMENT none relied upon,
or were entitled to rely upon, any representation not herein specifically set forth.
17. This AGREEMENT may be signed in counterparts, each of which, taken
together, shall be deemed an original hereof.
18. This AGREEMENT shall not be modified in any way, unless such
modifications are mutually agreed to by the Parties and are in the form of a written
amendment that is properly executed by the authorized representatives for each Party hereto.
19. This AGREEMENT shall be filed with the Clerk of the Circuit Court for Polk
County, Florida, pursuant to Florida Statutes, Section 163.01(11).
20. This AGREEMENT shall remain in effect for a term of three (3) years from
the EFFECTIVE DATE and may be renewed for additional three (3) year terms if agreed to in
writing by the parties hereto prior to expiration of the term in effect at the time of renewal.
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