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FEB 12 1991 <br />7. The permission to use right of way for a potable water well shall <br />be the subject of a license between Indian River County and the <br />property owner. The license shall include- at a minimum the <br />following conditions: <br />a) The license may be cancelled at any time for any public <br />purpose by the County and the applicant shall remove the <br />well immediately. <br />b) The license shall terminate when County potable water is <br />available. The licensee shall immediately remove the well <br />from the right of way and connect to County water after <br />paying the appropriate fees. <br />c) The license shall contain a hold harmless clause in favor of <br />the County. <br />d) The licensee takes the license with full knowledge that if <br />the license is cancelled, it will, in all likelihood, render the <br />residence being served uninhabitable until County potable <br />water is available. Further, that the County shall in no <br />way be held responsible for any damage or costs that may <br />result from the cancellation of the license. <br />e) Service may be interrupted from time to time for various <br />reasons and the County shall in no way be held responsible <br />for any damage or costs that may result from any <br />interruption of service. <br />8. If the right of way sought to be used for a potable water well <br />includes right of way adjacent to property owned by someone <br />other than the licensee, the license shall be on a non- <br />interference basis, present and future, to the non -applicant <br />owner's right to use his property for any lawful purpose. <br />9. This policy statement shall be made part of and incorporated in. <br />the license agreement. <br />10. The license agreement shall be recorded and shall be binding on <br />all heirs, assigns, and purchasers. <br />Administrator Chandler noted that Staff was directed to work <br />up the above policy in light of the request by Mr. St. Pierre to be <br />allowed to place his well in front of his lot in the County road <br />right of way. Staff is recommending the policy set out above and <br />if the Commission concurs, he would also recommend approval of Mr. <br />St. Pierre's earlier request. <br />52 <br />