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t.t:,,1t• U1.:, :•1,,,11 {•• t't,a.'• c't'rl i•; I11,• l.(Aiiit iii Ilii: ;.I,Ih. I, 1 I1,• tt <br />use under the provisions Of this section. <br />Upon completion; the County shall make a certificate to the Depart - <br />meet stating for -each parcel the instruments vesting the free, clear <br />and unencumbered title thereto in the State and certifying the removal <br />b 'ld' nd/or Other structures <br />of all occupants, tenants, fences, ui ings a <br />hat <br />and improvements and adjustment of all facilities and cerin the tate <br />the free, clear and unencumbered title thereto is vested in the State <br />and that all physical encumbrances are removed and that said rights of <br />way are ready for construction of said portion of said Section. <br />3. 'Commencing with the date when the Department shall begin <br />construction operations on said portion of said Section, and at all <br />times thereafter for so long as said portion of said Section shall <br />continue to be a part of the State System of Roads, the County, solely <br />at its own expense, shall save, defend and keep the State of Florida, <br />and the Department, its officers, employees and contractors harmless. <br />from any and all damages, claims or injuries, actions at law or suits <br />in equity arising from or growing out of any defect or alleged defect .. <br />affecting the title or right of possession of the State of Florida <br />for the use of said road, to any portions. of the lands, borrow pits <br />and easements required by the Department for said portion of said Sec- <br />tion as aforesaid, or because of the lack of title or right of posses <br />sion thereto or by reason of encumbrances thereon, or failure to have <br />removed occupants, tenants, fences, buildings and/or other structures <br />and improvements or made or caused to be made adjustments of utilities <br />and facilities thereon, and the County agrees to pay and discharge all. <br />lawful claims, damages; judgments, decrees and any other expenses <br />arising from or growing out of such claims, injuries, actions or suits. <br />4. The Department agrees, at the direction of the County, by <br />resolution attached hereto and made a part hereof, to pay for items set <br />forth in Paragraph 6 below, either from proceeds of STATE OF FLORIDA <br />DEPARTMENT OF GENERAL SERVICES bonds issued for the purpose of construct- <br />ing this project, or from secondary gasoline tax funds. (Articel XII, <br />Section 9(4), of the Florida Constitution, and Section 335.041, Florida <br />Statutes, as amended). <br />5. The County agrees that its acquisition of said rights of way, <br />hnrt*ow hi t r; and t•.Irt Haut(;: :01,111 III n( 1Jtr- <br />Ih•1•.11"1111,•111 Illn',tl 1,•,•.II1 rll IlnIIt,•,•':::.11 r .111,1 I,t,.tr.•1' Illl,,ilp.11 I,r11 11,au <br />Book '15 ?A�z268 <br />