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11/22/2016 (3)
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11/22/2016 (3)
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12/10/2020 1:35:59 PM
Creation date
12/10/2020 1:32:55 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
11/22/2016
Meeting Body
Board of County Commissioners
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powers or duties of said district or the supervisors thereof and to include parkways, bridges,. <br />landscaping, irrigation, drainage, bicycle and jogging paths, street lighting, traffic signals, <br />road striping, and all other customary elements of a modern road system as a component <br />of such roadways and roads. <br />Section 6. Although the County has the right to maintain the roads within the rights-of- <br />way described in the Agreement, the District still the responsibility to alter, construct and maintain <br />canals, ditches, drainage pipes, bridges and other drainage facilities within such rights-of-way. <br />'Section 7. Solely to the extent permitted by law, and in no event greater than the limits set <br />forth in Florida Statutes, Section 768.28, if the District is an agency of subdivision under Florida <br />Statutes, Section 768.28, the District agrees to fully defend, indemnify, protect and hold harmless <br />the County, its agents, officials and employees from any actions, claims or demands which anyone <br />(individual or corporation) may hereafter bring or assert on account of any damages or claims of <br />any type whatsoever which may arise from this Agreement including, but not limited to, claims <br />for contribution, indemnification, subrogation or for pro rata share of responsibility pursuant to <br />the Tort Reform and Insurance Act of 1986 and subsequent amendments including all attorneys' <br />fees; interest, and costs of any kind (not limited to taxable costs) associated with said lawsuits or <br />claims and expressly agrees to pay all costs and attorneys' fees incurred in defending said lawsuits <br />or claims and any resulting awards or judgments in full arising out of said lawsuits or claims, <br />including interest thereon. <br />Section 8. Except as otherwise expressly provided herein, this Agreement is solely for the <br />benefit of the named parties, and no enforceable right or cause of action shall accrue hereunder to <br />or for the benefit of any entity or individual not a named party hereto. <br />Section 9. Any notice required hereunder shall be in writing and shall be delivered by <br />personal delivery, courier, express or overnight mail, or certified mail, return receipt requested, <br />addressed to the appropriate party as follows: <br />If to County: Public Works Director <br />Indian River County <br />1801 27Th Street <br />Vero Beach, Florida 32960 <br />If to District: <br />IN WITNESS THEREOF, the parties have set their hands and seals the date, entered <br />below. <br />157 <br />
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