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<br />visions of this section. If the County within a reasonable time, to be determined by the
<br />�a Department taking into consideration all the circumstances and conditions involved' should
<br />fait to comply here*ith, then and in such event the Department may' . at its election- abandon
<br />the construction of said portion of said Section, or proceed after giving the County due
<br />'i li
<br />notice thereof to acquire said right of way and easements, at the expense of the County, and
<br />all 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 operationns
<br />on said portion of said Sections and at all times -thereafter for so long as said portion of
<br />said Section shall continue to be a part of the State System of Roads,.the County shall save'
<br />I
<br />defend and keep the State of Florida, and the State Road Department, its officers, employees
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<br />�j and contractors harmless from any and all damages, claims or injuries, actions at law or V
<br />ysuits in. equity arising from or growing out of any defect or allebod defect affecting the ti t14
<br />'� or because of the lack of title or right or possession of the State of Florida for the use of
<br />V said road, to any portions of those lands and easement required by the Department for said f�
<br />portion of said Section as aforesaid, and the County agrees to pay and discharge all lawful
<br />claims, damages+ judgments, decrees and any other expenses arising from or growing out'of
<br />j' such claims, injuries, actions or suits.
<br />4. After the acquisition of said right of way and easements by said County and
<br />i
<br />f the acceptance of same as satisfactory by the Department, the Department agrees to construct
<br />the aforesaid portion.of said Section at the earliest date it determines practicable, and
<br />appropriate or cause to be appropriated the funds for said construction.
<br />IN WITNESS WHEREOF the Department has caused this agreement to be executed in
<br />duplicate by its Chairman and its Secretary, and its official seal to be affixed; and the
<br />County has caused it to.be executed by the Chairman and'its Clerk' and its official seal to be
<br />affixed, the day and year first above written.
<br />Signed, sealed and delivered in the.
<br />j presence oft
<br />i
<br />am,r,�,o k�ar aret P®rrMns ,- wa�a
<br />. EL4101KI Jr.,
<br />Asto the Department.
<br />STATE- R©AD DEPARTMENT OF FLORIDA
<br />BY: F2 E. Awalsm ., ,,_9 CHAIRMAN
<br />(SEAL) ATTEST:moi Ro McGlure �, SECRETARY
<br />(CO. C -'S SEAL)
<br />Signed, sealed and delivered
<br />i; in the presence of: (CLK. CT. SEAL)
<br />2nothy G. Laufer
<br />Ruth Glover
<br />As to the County
<br />COUNTY OF INDIAN RIFER' FLORIDA
<br />J1, C. ftgygs Jr,, CHAIRMAN
<br />ATTESTS P-agI a Bgktr.
<br />Clerk of Circuit Court and
<br />officio Clerk of -the Board of County
<br />Commissioners
<br />On motion of Commissioner Cdr. Vickers, seconded by Commissioner Mr. Relseth, the
<br />following resolution was adopteds
<br />WHEREAS, the State Road Department of Florida- has authorised and requested Indian
<br />River County to furnish the necessary rights of way and easements for that portion of Section
<br />8802, State Road 512, extending from State Road No. 60 north and northeasterly to State Road
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<br />No. 507 in Fellsmere, and that portion of Section 88049 State Road 5129 extending through the
<br />Torn of Fellsmere, which has been surveyed and located by the State Road Department as shoe
<br />by map on file in the office of the Clerk of the Circuit 'Court of said County, and in the
<br />office of the said Department at Tallahassee, and
<br />WHEREAS, The said Department will not begin construction of said portion of said
<br />Section in said County until title to all land necessary for said portion of said Section has
<br />i been conveyed to or vested in said State
<br />by said County,
<br />and said
<br />lands
<br />physically cleared of
<br />all occupants, tenants, buildings and/or
<br />other structures
<br />situate
<br />upon
<br />or encroaching within
<br />;I the limits of the lands required for said
<br />portion of said
<br />Section;
<br />now,
<br />therefore, be it
<br />
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