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1986-049
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1986-049
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Last modified
5/23/2023 2:22:39 PM
Creation date
5/23/2023 2:22:22 PM
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Resolutions
Resolution Number
1986-049
Approved Date
08/06/1986
Subject
Franchise Agreement between IRC & Consolidated Vista Development Corporation;
known as the "Coralstone Club Utility Co. Wastewater System Franchise"
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4. The right is hereby reserved to the County to adopt, in <br />addition to the provisions herein contained and existing applicable <br />resolutions or laws, such additional regulations and increased fees <br />and charges as it shall find necessary in the exercise of the police <br />power and lawful authority vested in said County. The County shall <br />have the right, but not the duty, to inspect all construction or <br />installation work performed. <br />5. Franchisee understands that the County is now <br />considering the extension of the County wastewater system to this <br />franchise area. Should the County extend the county system, this <br />agreement shall be considered a temporary wastewater franchise and <br />upon the demand of the County, franchisee shall discontinue its <br />wastewater operation and immediately connect to the County system <br />and shall pay to the County all the sums due under the County's <br />then existing standard schedule of rates and fees. <br />SECTION IV <br />TERRITORY/FRANCHISE AREA <br />The territory in which this franchise shall be applicable is all <br />that part of Indian River County, Florida, located within the <br />following described boundary lines, to wit: <br />See Exhibit "A" attached hereto and incorporated herein. <br />SECTION V <br />HOLD HARMLESS CLAUSE <br />It is expressly understood and agreed by and between the Utility <br />and the County that the Utility shall save the County and members of <br />the Board of County Commissioners harmless from any loss sustained <br />by the County on account of any suit, judgement, execution, claim or <br />demand whatsoever resulting from any acts whatsoever from <br />negligence, or intentional, wanton, willful or reckless acts on the <br />part of the Utility in the construction, operation or maintenance of <br />the wastewater system under the terms of this franchise. The <br />parties agree that in the construction of this section, the claim of <br />any person resulting from negligence on the part of the Utility may <br />be prosecuted directly by such person against the Utility. The <br />County shall notify the Utility promptly after presentation of any <br />claim or demand. <br />-3- <br />
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