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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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property or right-of-way, and claves so only in consideration of permitsce's release of <br />District from any responsibility or liability whatsoever, including for damage cause by <br />District's negligence, now or in the future, and Permittee agrees that it is able, at its own <br />expense, to insure against loss or damage, without granting any right of subrogation to <br />claims against District or Permittee is a self -insurer, warranting and representing to <br />District that Permittee assumes all risk of loss or damage, and shall save and hold <br />harmless District from any expense, loss, damage or claim in regard thereto, and the <br />District assumes and shall have no liability in connection therewith including, without <br />limitation, attorneys' fees, fines and penalties. <br />19. This Permit may not be assigned or subietted to a think party and any transfer <br />of Permittee's property abutting District's property or right-of-way shall, ipsofacto and <br />without more, cancel, nullify and revoke this Permit. <br />20, Should Permittee, during the term hereof, become a "member operator", as <br />defined by Florida Statutes, Section 556.102.(7), then such membership shall, ipsofacto <br />and without more, cancel, nullify and revoke this Permit. <br />21. Perrnittee's obligations under Paragraphs 3, 5 and 18 may be affected by <br />Florida :Statutes' re.strictions on hold harmless clauses. <br />22, In consideration of the grant of this Permit, Perinittec, if a public or private <br />body with the power of eminent domain, expressly waives and relinquishes any power of <br />eminent domain or condemnation of the property as to which this Permit applies for the <br />use for which the Permit is granted. This clause shall survive termination or expiration of <br />this Permit. <br />IN WITNESS WHEREOF, said District has caused these presents to be <br />executed in its name by its Secretary and its corporate seal hereto affixed, by due <br />authority of its board of Supervisors, this / _day of 2001. <br />Signed, sea] and delivered <br />in the presence of: <br />INDIAN RIV FARMS R <br />CQNTR© T <br />` v xiy: <br />S. J, s, ceretary <br />{Seal'} <br />Permittee hereby accepts the terms of this Permit, and covenants and agrees that <br />,V111 coitnply with the terms and conditions of this Permit. — 1 — <br />Dated this 19thday of December 2000, ' <br />Signed, sealed and delivered <br />in the presence of: (Seal) a . <br />INDIAN RIVER COUNTY <br />as to Permittec <br />U <br />By:N 0 �.. <br />Fran Ti. Adams, Chairman <br />BCC Approved: 12-19-2000 <br />
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