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2018-275
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Last modified
7/26/2023 12:13:00 PM
Creation date
12/7/2018 2:30:46 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/04/2018
Control Number
2018-275
Agenda Item Number
12.G.2.
Entity Name
City of Fellsmere
Subject
Water Wastewater and Reclaimed Water Franchise Agreement
Area
Fellsmere
Alternate Name
Franchise Agreement
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highways, or other public places made necessary by the widening, grading, paving or <br />otherwise improving by FELLSMERE of any of the present or future streets, avenues, <br />alleys, bridges, highways, easements, or other public places used or occupied by <br />COUNTY, except, however, COUNTY shall be entitled to reimbursement of its costs as <br />may be provided by law. <br />Section 16. Liability and Indemnification. FELLSMERE shall in no way be liable or <br />responsible for any accident or damage that may occur in the construction, installation, <br />maintenance, or operation by COUNTY of the water, wastewater and reclaimed water <br />facilities hereunder, and the acceptance approval of this Franchise Agreement by <br />COUNTY shall be deemed an agreement on the part of COUNTY to indemnify and hold <br />FELLSMERE harmless against any and all liability, loss, cost, damage, or expense <br />which may accrue to FELLSMERE by reason of the negligence or misconduct of <br />COUNTY in its performance of such construction, installation, maintenance, repair, or <br />operation of the water, wastewater and reclaimed water systems pursuant to this <br />Franchise Agreement (but excluding to the extent any such claim is based on the <br />negligence of FELLSMERE), including but not limited to attorneys' fees, experts' fees, <br />and costs incurred for defending any and all such claims or suits against FELLSMERE, <br />through trial and all appellate proceedings and proceedings for determination of <br />entitlement to and amount of such fees and costs: Such indemnification obligation of <br />COUNTY shall survive expiration or termination of this Franchise Agreement for any <br />covered claim accruing prior to such expiration or termination. However, such obligation <br />to indemnify FELLSMERE shall be subject to the limitations set forth in section 768.28, <br />Florida Statutes, as may be applicable. <br />Section 17. Assignment. COUNTY may assign this Franchise Agreement and the <br />Franchise, provided that such assignee assumes all the obligations of COUNTY <br />hereunder and such assignment is approved by FELLSMERE, whose approval shall not <br />be unreasonably withheld. <br />Section. 18. Time of the Essence. Time is of the essence in the performance of each <br />and every provision of this Franchise Agreement. <br />Section 19. Acts of God. Provisions herein to the contrary notwithstanding, COUNTY <br />shall not be liable for the non-performance or delay in performance of any of its <br />obligations undertaken pursuant to the terms of this Franchise Agreement, where said <br />failure or delay is due to any cause beyond COUNTY's control including, without <br />limitation, "Acts of God," unavoidable casualties, and labor disputes. <br />Section 20. Notices. Any delivery of notice required or permitted to be made <br />hereunder may be made by personal delivery, courier, or mailing a copy thereof <br />addressed to the appropriate party as follows: <br />If to FELLSMERE: City Manager <br />City of Fellsmere <br />Page 5 of 7 <br />
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