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951, in said County, as shown on right of way map, duly certified as provided by law, on file
<br />In the Office of the Clerk.of the Circuit Court of said County, and on file in the office of
<br />the Department at Tallahassee, Florida, and in the judgment of the Department said location
<br />and survey have been found to be practicable and to the best interest of the State, and
<br />WHEREAS, The Department has requested and authorized said County, solely at its ex-
<br />pense, to secure by gift, purchase or condemnation the lands and property necessary for such
<br />right of way, easements for outfall ditches and borrow pits for said project shown on said
<br />map, and such as may hereafter be found necessary by the Department for said Project, and
<br />SAS, The Hoard of County Commissioners of said County, ata meeting duly called
<br />and held on the lst day of April A. D., 1941, adopted a Resolution (copy being hereto attached
<br />as a part hereof, marked Exhibit "A"), signifying its agreement to comply with the Department's
<br />said requests, and authorizing its Chairman and Clerk, on its behalf, to execute this Contract.
<br />NOW, THEREFORE, in consideration of the premises and of the mutual undertakings here-
<br />inafter set forth, the parties mutually covenant and agree as followst
<br />1. The County shall forthwith furnish the Department with a title search made by a
<br />reliable Abstractor or Abstract Company, or by the County Attorney, showing the present owner-
<br />ship and record description of each parcel of land over which said right of way and/or easement€
<br />extend, as shown on said right of way map on file with said County and Department, together with
<br />all unsatisfied or outstanding recorded liens or encumbrances, leases and tax deeds, tax liens
<br />and tax certificates held by parties other than the State. Thereupon the Department shall pre-
<br />pare and furnish to the County the deseriptions.of said right of way and/or easements to be
<br />acquired from each of the several parcels of lands, or interests therein, as shown by said title
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<br />search. The furnishing of said descriptions shall be solely for the assistance of the County
<br />and nothing in this paragraph shall be taken or construed as.the Department's acceptance of the
<br />title, or quality of the title, to the land or easements shown, and shall not release or re-
<br />lieve the County of its agreement herein to furnish the Department free, clear and unencumbered
<br />title to the land required for said right of way and easements, or from any of its covenants
<br />hereunder.
<br />2. After the Department has furnished the County said descriptions the County shall
<br />proceed forthwith, solely at its own expense, to acquire by gift, purchase or condemnation,
<br />free clear, and unencumbered title to the land so required as aforesaid for said project by the
<br />Department for said right of way and easements, and convey or vest the same to or in the State
<br />of Florida for the use of said State Road, by good and sufficient deed or deeds, and deliver
<br />to the .State Road Department said lands physically clear of all occupants, tenants, buildings
<br />and/or other structures situate upon or encroaching within the limits of the lands required for
<br />said project. Any land to which the County has heretofore acquired free, clear and unencumber-
<br />ed title, which may be necessary for said right of way and/or easements, shall be conveyed by
<br />the County to the State for the said use under the provisions of this section. 3f the County
<br />within a reasonable time, to be determined by the Department taking into consideration all the
<br />circumstances and conditions involved, should fail to comply herewith, then and in such event
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<br />the Department may, at its election abandon the project or proceed after giving the County due
<br />notice thereof to acquire said right of way and easement$,at the expense of the County, and all
<br />sums so advanced by the Department shall be repaid to it by the County upon demand.
<br />3. Commencing with the date when the Department shall begin construction operations
<br />on said project, and at all times thereafter for so long as said project shall continue to be
<br />part of the State system of roads, the County shall save, defend and keep the State of Florida
<br />and the State Road department, its officers, employees and contractors harmless from any and a.
<br />damages, claims, or injuries, actions at law or suits in equity arising from or growing out of
<br />any defect or alleged defect affecting the title or because of t e' ack of or
<br />right
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