2023-009 - Laserfiche WebLink

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Conveyance Project not less than one hundred eighty (180) days prior to commencing construction, which notice shall include an anticipated completion date for such Project ("Anticipated Completion Date"). (b) County shall obtain District approval of the design of the Access Crossing Structure prior to commencing installation, which approval shall not be unreasonably withheld so long as the design provides for a maximum allowable head loss through the Structure that is not greater than 0.05 feet based upon design flow. The District and County shall confer to develop a mutually acceptable solution if the above maximum allowable head loss through the Access Crossing Structure is not obtainable due to the limited available width of the District drainage right-of-way. (c) County agrees to complete construction of the Access Crossing Structure not later than the Anticipated Completion Date. County further agrees that the Access Road shall be subject to removal by District if the Access Crossing Structure is not completed by the actual completion date of the Conveyance Project. Section 3. Indemnification of District. Solely to the extent permitted by law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28, the County agrees to fully defend, indemnify, protect and hold harmless the District, its agents, officials and employees from any actions, claims or demands which anyone (individual or corporation) may hereafter bring or assert on account of any damages or claims of any type whatsoever which may arise from this Agreement including, but not limited to, claims for contribution, indemnification, subrogation or for pro rata share of responsibility pursuant to the Tort Reform and Insurance Act of 1986 and subsequent amendments including all attorneys' fees, interest, and costs of any kind (not limited to taxable costs) associated with said lawsuits or claims and expressly agrees to pay all costs and attorneys' fees incurred in defending said lawsuits or claims and any resulting awards or judgments in full arising out of said lawsuits or claims, including interest thereon. Section 4. No Third -Party Beneficiary. Except as otherwise expressly provided herein, this 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 5. Notices. 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 1801 27`h Street Vero Beach, Florida 32960 If to District: District Manager Sebastian River Improvement District c/o Special District Services, Inc. 2501A Burns Road Palm Beach Gardens, Florida 33410