04/11/2017 (2) - Laserfiche WebLink

Metadata

Thumbnails

Annotations

Page 2of5 BK: 30]] PG: 2469 the landowner's property to the District sub -lateral system. All secondary drainage must enter the District system via culvert or pipe from adjacent property, approved and permitted by the Water Control District. Section 3. The parties agree that County will grade only roads that are existing and are currently utilized by the District for maintenance purposes as set out in Exhibit "A." The burden will be on the District and property owners within District to move any encroachments on said roads and to assist County wherever feasible to facilitate the grading operation. Section 4. The term of this Restated Agreement shall be for three years, commencing on the Effective Date of this Restated Agreement. The parties may agree to two additional one year renewal terms of the Restated Agreement, by agreeing in writing at least 90 days prior to the expiration of the initial or renewal term. The parties to this Restated Agreement understand that this Restated Agreement may be terminated by either at any time in the future for any reason. The purpose of this Restated Agreement is simply to satisfy the need within District for grading service through the cooperation of two governmental bodies. Section 5. Solely to the extent permitted by law, and for tort actions, in no event greater than the limits set forth in Florida Statutes, Section 768.28, if the District is an agency of subdivision under Florida Statutes, Section 768.28, the District agrees to Indemnify County, its agents, officers, supervisors and employees against all claims, losses and liabilities, (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts of the District, Its employees, and elected officials arising from performance under this Restated Agreement. Nothing herein shall be deemed or construed to provide, directly or indirectly; an indemnity from the District for any negligent acts or omissions of the County, its agents and employees arising out of, under, or in connection with this Restated Agreement. Similarly, the County agrees to Indemnify the District its agents, officers, supervisors and employees against all claims, losses and liabilities, (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts of the County, its employees, and elected officials performance under this Restated Agreement. Section 6. Except as otherwise expressly provided herein, this Restated Agreement is solely for the benefit of the named parties, and no enforceable right or cause of action shall accrue hereunder to or for the benefit of any entity or individual not a named party hereto. Section 7. Any notice required hereunder shall be in writing and shall be delivered by personal delivery, courier, express or overnight mail, or certified mail, return receipt requested, addressed to the appropriate party as follows: If to County: Public Works Director Indian River County 180127th Street Vero Beach, Florida 32960 If to District: Feilsmere Water Control District Superintendent of Plant and Operations PO Box 438 Felismere FL 32948 http://ori.indian-river.org////DocumentIGetDocumentForPrintPNG/?request=AQAAA.NCM... 4/5/2017 P6