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2015-033
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2015-033
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Last modified
4/18/2018 3:55:00 PM
Creation date
4/27/2016 10:42:01 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Interlocal Agreement
Approved Date
03/03/2015
Control Number
2015-033
Agenda Item Number
8.I
Entity Name
Indian River Farms Water Control District
Subject
Permit and Interlocal Agreement IRC-1
Installation of Force Main
Area
Lateral "D" Canal
Project Number
IRC-1
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liability or responsibility in connection therewith. The parties having expressly <br />negotiated to allocate all risk and expense in connection therewith to Permittee. <br />4. That this Permit is subject always to the paramount right of the District to keep <br />and maintain its drainage district functions and operations, and is subject to <br />revocation and cancellation upon sixty days' notice from District to the Permittee. <br />5. Solely to the extent permitted by Florida law, and in no event greater than the <br />limits set forth in Florida Statues, Section 768.28, the Permittee agrees to <br />indemnify the District, its agents, officers supervisors, and employees against all <br />claims, losses and liabilities, (specifically excluding attorneys' fees and expenses) <br />caused solely by the negligent acts or omissions of the Permittee, its employees, <br />and elected officials performance under this Agreement. Nothing contained <br />herein shall be deemed or construed to provide, directly or indirectly, an <br />indemnity from the Permittee for any negligent acts or omissions of the District, <br />its agents and employees arising out of, under, or in connection with this <br />Agreement. <br />6. Permittee is cautioned that electrical, water, sewer, gas or other installations or <br />utilities may be located within the permit area, and Permittee shall use diligent <br />efforts to first detect and locate all such installations and shall coordinate <br />construction with all other lawful users of said right-of-way. Permittee shall be <br />liable for all damages proximately resulting from its interference with or <br />interruption of services provided by other lawful right-of-way users. <br />7. The District may, on sixty (60) days' written notice to the Permittee, require <br />cessation of use into District's facilities, removal or alteration of any installation <br />or construction on District right-of-way. <br />8. Any construction on District right-of-way or property and cleanup shall be <br />completed promptly by Permittee and in a workmanlike manner with minimum <br />disturbance to existing berm, channel slopes and grade with proper restoration and <br />planting of any disturbed areas to prevent erosion within ten days after completion <br />of construction or installation. <br />2 <br />
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