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2000-377
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2000-377
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Last modified
8/20/2024 1:09:38 PM
Creation date
8/20/2024 1:09:26 PM
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Official Documents
Official Document Type
Interlocal Agreement
Approved Date
12/19/2000
Control Number
2000-377
Agenda Item Number
7.C.
Entity Name
Indian River Farms Water Control District
Subject
Permit and Interlocal Agreement for Fiber Optic Cable Right of Way
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or District, nor permit anything to obstruct the flow of water, and shall save and hula <br />District harmless from any expense, loss or damage to District or others by any sac:h <br />discharge or obstruction, remedying or removing the same immediately upon request by <br />District. <br />12. This Permit shall exist only so long as Permittee may be in full compliance <br />with all requirements of the Department of Environmental Protection for the State of <br />Florida, as such requirements relate to this project, and if, at any time, the Permittee shall <br />fail to meet such requirements, then this Permit shall, ipsofacto, immediately become null <br />and void. <br />13. Permittee, its a condition to the continuance of this Permit, shall reimburse <br />District, immediately of demand, for any fees for testing or other professional services, <br />costs or expenses to District associated with or arising from Permittee's use of District <br />right-of-way. <br />14. The Permittee shall pay to (lie District an annual rental of Two Thousand <br />Seventy Six and No/100 Dollars ($2.076.00), payable in advance. in addition to the <br />pemiit fee payable hereunder, if the permit applied for or the use for which the permit is <br />granted requires engineering or legal work for purposes of processing and approval by <br />District, then Permittee shall pay promptly when invoiced all engineering and legal fees <br />incurred by District in connection herewith and shall indemnify District for the same, <br />saying and holding District harmless from any liability in connection therewith. <br />15. This Permit shall be effective January 1, 2001 and continue for a period of <br />one (1) year unless sooner terminated as provided hereiim <br />16. In the event that this Pennit is canceled or terminated, the Permittee shall, at <br />its expense, promptly remove the fiber optic cable from the right-of-way for the District. <br />17. This Permit shall be considered to be a license only, for the limited purpose <br />of installation, placement and maintenance of the improvements specified on the face <br />hereof, and does not convey any other right, title or interest of tine District in the subject <br />right-of-way property. <br />18. Permittee assumes full responsibility for any construction, operation or <br />maintenance on District property or right-of-way subject to the Permit and understands <br />and agrees that Permittee's use of District property for Permittee's purposes and benefit is <br />at Permittee's sole risk; any loss or damage to Permittee's property, installations, <br />facilities or person tel while on District property or eight -of -way, regardless of the cause <br />of the same, including, without limitation, negligence or want or Care oil (he part of <br />District, its agents or employees, whether by reason of the provisions of Chapter 556, <br />Florida Statutes, or otherwise, is Permittee's mid not District's and, as a condition of this <br />Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone <br />claiming by, through or under Permittee, shall have any claire or cause of action against <br />District by reason of such loss or damage. The panics hereto further acknowledge and <br />agree that District has no obligation to allow Permittee to enter upon or use of District's <br />3 <br />
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