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1980-088
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1980-088
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Last modified
2/28/2023 12:16:32 PM
Creation date
2/28/2023 12:15:52 PM
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Resolutions
Resolution Number
1980-088
Approved Date
09/10/1980
Subject
Village Green Phase 4 Water & Sewerage System Franchise (Florida Atlantic Assoc.)
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SECTION V <br />® It is expressly understood and agreed by and between Florida - <br />Atlantic Associates, a New York General Partnership, and the County that <br />the Partnership shall save the County and members of the Board harmless <br />® from any loss sustained by the County on account of any suit, judgment, <br />execution, claim or demand whatsoever resulting from negligence on the <br />e part of Florida -Atlantic Associates, a New York General Partnership, in <br />the construction, operation or maintenance of the water and sewerage <br />systems under the terms of this franchise. The parties agree that, in the <br />construction of this section, the claim of any person resulting from negli- <br />gence on the part of the Partnership may be prosecuted directly by such <br />person against the Partnership as if no governmental immunity accrued to <br />the County by virtue of Florida -Atlantic Associates, a New York General <br />Partnership, use of a public place of the County. The County shall notify <br />the Partnership promptly after presentation of any claim or demand. <br />SECTION VI <br />The Partnership shall maintain and operate its water and sewage <br />plants and systems and render efficient service in accordance with the rules <br />and regulations as are or may be set forth by the Board from time to time, <br />which shall include but not be limited to "Construction Specifications for <br />Water Distribution and Sewage Collection Facilities" promulgated by the <br />City of Vero Beach, Water and Sewer Department, November 1, 1977, or <br />as amended. The County shall require the Partnership to comply with the <br />above standards as they relate to material specifications and compaction <br />requirements immediately surrounding the pipes and structures. Prior to <br />the issuance of a construction permit, the County shall also require the <br />Partnership's project engineer to certify that the material to be used will <br />meet the standards as set forth in said "Construction Specifications" of the <br />City of Vero Beach, Water and Sewer Department, adopted November 1, 1977, <br />or as amended. Upon approval by the County of the plants and systems, a <br />-4- <br />GORDON B. JUHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA <br />
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