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ORIGINAL
<br />PERMIT AND INTERLOCAL AGREEMENT 00-3 71
<br />(No.1 RC -5)
<br />i I ilS H.-.RMIT AND INTERLOCAL AGREEMENT. dated dry of
<br />2001, by and between INDIAN RIVER FARMS WATER
<br />CONTROL DISTRICT, a drainage district organized and existing; under the General
<br />Drainage Laws of the State of Florida, whose address is 4400 2U' Street, Vero Beach,
<br />Florida, hereinafter referred to as the "District", and the INDIAN RIVER COUNTY, a
<br />political subdivision of the State of Florida, hereinafter referred to as the "Permittee".
<br />NOW, THEREFORE, the District does hereby grant unto the Permittee a permit
<br />for a period of one (1) year from January 1, 2001, unless sooner terminated as hereinafter
<br />provided, to maintain, inspect, operate and repair it 24 finer -optic cable, at a depth of 30",
<br />ander District right-of-way two feet inside the North right-of-way line of the Main Canal
<br />for a distance of 9,150 lineal feet (1.73 miles), with detectable marking tape and 12"
<br />cover, at the locations and in accordance with the plans and specifications provided to
<br />Carter Associates, Ine. prepared b Precision Construction Services, Inc., and, by
<br />reference, made a part hereof, together with the right of ingress and egress on and over
<br />the properly at said locations; provided, however, that as a condition precedent to tite
<br />rights herein granted, Permittee agrees to :and with the District as foliows:
<br />1. That the construction and installation of fiber-optic cable shall be in exact
<br />conformity with the plans prepared by Precision Construction Services, Inc., provided to
<br />Carter Associates, Inc.
<br />2. The rights shall extend only for fiber-optic cable used exclusively by Indian
<br />River County or by a consortium of Indian River County, the School District of Indian
<br />river County and the City of Vero Beach (unless otherwise agreed to by District) and
<br />belonging to the Permittee and the Permittee shall not have any right to assign or sublet
<br />this Permit or any part thereof unto a third party.
<br />3. Permittee assumes fish responsibility for the operation and maintenance of said
<br />fiber optic cable and shall save and hold harmless District from any expense, loss,
<br />damage or claim in regard thereto, and the District assumes and shall have no liability in
<br />connection therewith.
<br />4, That this Permit is subject always to the paramount right of the District to keep
<br />and maintain its drainage district functions and operations, and is subject to revocation
<br />and cancellation upon thirty days' notice from District to the Permittee.
<br />5. In no event shall the District be liable for tiny damages done or caused by the
<br />District to the public, to Pennittec or any other person, using right-of-way or property
<br />subject to this Permit, and Permittee shall save the District, its officers, agents,
<br />supervisors, and employees harmless from any costs, charge or expense or claim or
<br />demand of any person against tine District arising from or pertaining to any use made of
<br />the property or structures subject to this Permit. Permittee: shall, its a condition to the
<br />cf cctiveness of this Permit, provide to District evidence satisfactory to District, of
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