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r : � <br />�-� AN � 2 1 PF: <br />BOOK 61 E 1® <br />9®5 5/7/85 (23b) C.A. <br />HOLD HARMLESS AGREEMENT <br />BETWEEN THE CITY OF VERO BEACH AND INDIAN RIVER COUNTY <br />RE <br />SOUTH BEACH WATER SERVICE REFUND <br />THIS AGREEMENT, made this 19th day of June , 1985 by and <br />between the City of Vero Beach, a municipal corporation of the State of Florida, <br />hereinafter referred to as the "CITY", and Indian River County, a political <br />subdivision of the State of Florida, hereinafter referred to as the "COUNTY", <br />WITNESSETH: <br />w <br />WHEREAS, on September 16, 1981 the CITY and the COUNTY entered into an <br />agreement which is attached hereto as exhibit "A" which specified certain rights <br />and responsibilities of the parties with respect to ultimate provision of potable <br />water service to the south beach area in Indian River County, and <br />WHEREAS, pursuant to paragraph 7 of that agreement if the COUNTY was <br />unable to provide this water service to the south beach as referenced in the <br />contract then the COUNTY was to return to the CITY all assets in existence on the <br />k <br />date of the agreement, certain other improvements, and "any remaining <br />unexpended escrow funds plus accrued interest", and <br />WHEREAS, the COUNTY is willing to return these funds to the CITY provided <br />that the CITY hold the COUNTY harmless from any and all claims regarding these <br />funds from those customers who advanced the funds, and <br />WHEREAS, it is only right that the governmental agency receiving the money <br />should accept responsibility concerning that money, <br />NOW THEREFORE, the CITY and the COUNTY agree as follows: <br />1. The COUNTY shall return the unspent escrow funds plus interest held by <br />the COUNTY pursuant to the terms of the Agreement between the CITY and the <br />COUNTY dated September 16, 1981, less a G a A charge not to exceed 5% of the <br />adjusted cost of the improvement, including the site work for the fire district. See <br />attached exhibit "B". <br />2. In return for the return of the money referenced in paragraph 1 the CITY <br />holds the COUNTY harmless from any and all claims regarding these funds from <br />customers of the system who advanced the money. <br />IN WITNESS WHEREOF, the undersigned CITY and COUNTY have executed _ <br />this agreement on the date first above written by their respective Chairman and <br />Mayor. <br />