5/8/1974 - Laserfiche WebLink

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i SECTION 111 There is hereby granted by the County to the Company the non-exclusive franchise, right and privilege to erect, construct, operate and maintain a sewer system within the prescribed territory as herein provided and for these purposes to collect and dispose of sewage within the territory and for these purposes to estab- lish the necessary facilities and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenances necessary therefor in, along, under and across the public alleys, streets, roads, highways and other public places of the County; provided, however, that the County reserves the right to permit the use of such public places for any and all o"er lawful purposes and subject always to the paramount right of the public In and to such public places. SECTION IV The territory In which this franchise shall be applicable is all that part of Indian River County, Florida, described as follows: All of Government Lots 3, 4, 5, 6, 7 and 8, Section 8, Township 33 South, Range 40 East, and Government Lot 1, Section 9, Town- ship 33 South, Range 40 East, lying and being in Indian River County, Florida. I. SECTION V The Company shall at all times during the life of this franchise be subject 11 ? i to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide. Itis expressly understood and agreed by and between the Company and the County that the Company shall save the County and members of the Board harm- ' less from any loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligency on the part of the Company in the construction, operation or maintenance under the terms of this franchise. The parties agree that, in the construction of this section, the claim of any person resulting .from negligence on the part of the Company may be prosecuted - I directly by such person against the Company as if no governmental immunity accrued to the County by virtue of the Company's use of a public place of the County. The County shall notify the Company promptly after presentation of any claim or demand. -2- (1 Smith, Heath, Smith 8 O'Haire, Attorneys At Law, P. O. Box 518, Vero Beach, Florida 32960 DSI( 20 PAGE 16 .