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MOTION WAS MADE by Commissioner Adams, SECONDED by <br />Commissioner Bird, to approve the right-of-way <br />agreement with the Florida East Coast Railway <br />Company (FEC), as recommended by staff. <br />Under discussion, Commissioner Macht questioned the validity <br />of the clause in the contract stating that the FEC is not liable <br />for anything their people do, intentionally or unintentionally. <br />Attorney Vitunac advised that the standard FEC agreement has <br />been used for 80 years, and if we try to change one word they will <br />refuse to give us the permit. Officials in cities and counties all <br />sign the standard agreement and are waiting for a case to come up <br />in Court. <br />THE CHAIRMAN CALLED FOR THE QUESTION. <br />It was voted on and carried unanimously. <br />LICENSE AGREEMENT <br />IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD <br />NORTH ROSELAND ROAD FORCE MAIN - CHANGE ORDER NO. 3 AND FINAL PAY <br />REQUEST <br />The Board reviewed the following memo dated January 11, 1994: <br />DATE: JANUARY 11, 1994 <br />TO: JAMES E. CHANDLER <br />COUNTY ADMINISTRAT R <br />FROM: TERRANCE G. PINTO <br />DIRECTOR OF U RLI VICES <br />PREPARED <br />AND STAFFED <br />BY: <br />SUBJECT: <br />BACKGROUND <br />WILLIAM F. <br />CAPITAL PF <br />OF <br />NORTH ROSELAND ROAD F <br />INDIAN RIVER COUNTY P <br />FINAL PAY REQUEST AND <br />SERVICES <br />MAIN <br />T NO. IIS -92 -34 -CS <br />GE ORDER <br />On August 10, 1993, the Indian River County Board of County <br />Commissioners approved a contract with Treasure Coast Contracting in <br />the amount of $151,815.10 for the above -referenced project. We are <br />now ready to make final payment to the contractor for this project <br />as it is complete and cleared for service. Two change orders <br />previously had been approved on this contract for the connection of <br />the New Horizons Mobile Home Park; even though we are making final <br />payment on Roseland Road, the New Horizons portion will remain open <br />until completion. <br />43 <br />BOOK , 91 FAGS613 <br />�� 25 1994 <br />