2021-151A - Laserfiche WebLink

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AGREEMENT TO DEFEND, HOLD HARMLESS AND INDEMNIFY THIS AGREEMENT is made this / day of October, 2021 between Robert Marks Enterprises, LLC, a Florida limited liability company, whose mailing address is 1100 Brook Street NE, Palm Bay, FL 32905 ("Marks"), and the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, (County) whose mailing address is 180127th Street, Vero Beach, Florida 32960. WITNESSETH: WHEREAS, Marks is the owner of the parcel of land on the Indian River Lagoon, located at 13225 North Indian River Drive, (see the attached survey) which lies on both sides of Indian River Drive, and is located in unincorporated Indian River County, Florida; and WHEREAS, Marks submitted an Indian River County Right -of -Way Permit Application, Permit No. 2021091296, for installation of an electric line underneath Indian River Drive, from the western part of the property to the eastern part of the property; and WHEREAS, Indian River County owns and maintains Indian River Drive at this location; and WHEREAS, the County intends to approve the Permit Application so longs as Marks agrees to defend, hold harmless and indemnify the County from any future damage that may occur to the electric line. NOW, THEREFORE, in consideration of good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The above recitals are true and accurate. 2. Indemnification. in exchange for permit approval of installation of an electric line underneath Indian River Drive, Marks agrees to defend, hold harmless and indemnify Indian River County, its commissioners, officers, employees and agents, from and against any and all damages, claims, suits, liabilities, losses and expenses, including, without limitation, reasonable attorney's fees (collectively "Claims") brought by any person or entity whatsoever associated with the electric line. 3. Permit Application. The terms and conditions of Indian River County Right -of -Way Permit Application, Permit No. 2021091296 are included as a part of this Agreement by reference and Marks agrees to follow the terms of the Permit during installation of the electric line. 4. Repair of the Electric Line. The County shall have no duties whatsoever concerning the electric line.