|
and conditions involved, should fail to comply herewith, then and in such event the Department
<br />may, at its election abandon the construction of said portion of said Section, or proceed after;
<br />giving the County due notice thereof to acquire said right of way and easements,'at the expense
<br />of the County, and all sums so advanced by the Department shall be repaid to it by the County
<br />upon demand.
<br />3. Commencing with the date when the Department shall begin construction operations
<br />�! on said portion of said Section, and at all times thereafter for so long as said portion of said
<br />Section shall continue to be a part of ,the State System of Roads, the County shall save,defend,
<br />and keep the State of Florida, and the State Road Department, its officers, employees and con-
<br />tractors harmless from any and all damages, claims, or injuries, actions at law or suits In
<br />equity arising from or growing out of`any defect or alleged defect affecting the title, or be -
<br />fl cause of the lack of title or right of possession of the State of Florida for the use of said
<br />;road, to any portions of those lands and easements required by the Department for said portion
<br />of said Section as aforesaid, and the County agrees to pay and discharge all lawful claims,
<br />C r
<br />damages, judgments, decrees and>anny other expenses arising from or growing out of such claims,
<br />,injuries, actions or suits.
<br />4. After the acquisition of said right of way and easements by said County and the
<br />acceptance,,of same as satisfactory by the Department, the Department agrees to construct the
<br />aforesaid portion of said Section at the earliest date it determines practicable, and appro-
<br />priate or cause to be appropriated the funds for said construction.
<br />IN WITNESS WHEREOF the Department has caused this agreement to be executed in dupli-
<br />cate by its Chairman and its Secretary, and its official seal to be;affixed; and the County
<br />has caused it to be executed by its Chairman and its Clerk, and its official seal to be affixed,
<br />the day and year first above -written.
<br />ATTEST: J R McClure (ST. RD. DEPARTMENT SEAL)
<br />Secretary.
<br />Signed, sealed and delivered in the presence of:
<br />L A Fualei .ir.
<br />ii Margaret Perkins
<br />+As to the Department.
<br />�; ATTEST: -D elas Baker,
<br />Clerk of Circuit Court and Ex -
<br />i offic&oClerk of the Board of Co-
<br />ruutr Commiaa ones'%'.
<br />Signed, sealed and delivered in the presence of:
<br />;,;Leila Gray
<br />G'�Freda Wright
<br />a�As to the County
<br />STATE ROAD DEPARTMENT OF FLORIDA
<br />BY: F. E. Balls$ Chairman
<br />( SEAL )
<br />LEGAL FORM APPROVED
<br />Calvin in J has n
<br />ATTORNEY :8 D
<br />COUNTY OF INDIAN RIVER, FLORIDA
<br />W. C. Graves, Jr., Chariman
<br />(SEAL)
<br />(CIRCUIT COURT SEAL)
<br />APPROVED AS TO EXECUTION
<br />Calvin Johnson
<br />Attorney for the Department
<br />-----------------------------m-
<br />CEIJNTY COMMISSIONERS' RESOLUTION- STATE ROAD DEPARTMENT
<br />On motion of Commission S. E. Glover, seconded by Commissioner R. W. Graves, the fol -
<br />dowing resolution was adopted:
<br />WHEREAS, The State Road Department of Florida has authorized and requested Indian
<br />River County, to furnish the necessary rights of way and easements for that portion of Section I
<br />8501, State Road No. 4, from St. Lucie County Line to Overpass Project NRH 140, which has been
<br />surveyed and located by the State Road Department as shown by map on file in the office of the
<br />Clerk of the Circuit Court of said County,, and in the office of the said Department at Tallaha-
<br />see' and
<br />1
<br />Fi
<br />F
<br />1
<br />D
<br />1
<br />
|