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PERMIT AND INTERLOCAL AGREEMENT <br /> (No. IRC-5) <br /> THIS PERMIT and INTERLOCAL AGREEMENT, dated this 44 day of <br /> alt-9-1403, by and between INDIAN RIVER FARMS WATER CONTROL <br /> DISTRICT,a drainage district organized and existing under the General Drainage Laws of the State <br /> of Florida, whose address is 4400 20th Street, Vero Beach, Florida, hereinafter referred to as the <br /> "District", and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, <br /> hereinafter referred to as the "Permittee," <br /> NOW, THEREFORE, the District does hereby grant unto the Permittee a permit for a <br /> period of 36 months from January 1, 2002, unless sooner terminated as hereinafter provided, to <br /> install,maintain, inspect, operate and repair a 24 fiber-optic cable,at a depth of 30",under District <br /> right-of-way two feet inside the North right-of-way line of the Main Canal for a distance of 9,150 <br /> lineal feet (1.73 miles), with detectable marking tape and 12" cover, at the locations and in <br /> accordance with the plans and specifications provided to Carter Associates, Inc., prepared by <br /> Precision Construction Services, Inc.,and,by reference,made a part hereof,together with the right <br /> of ingress and egress on and over the property at said locations; provided, however, that as a <br /> condition precedent to the rights herein granted,Permittee agrees to and with the District as follows: <br /> 1. That the construction and installation of fiber-optic cable shall be in exact conformity with <br /> the plans prepared by Precision Construction Services, Inc. provided to Carter Associates, Inc. <br /> 2. The rights shall extend only for fiber-optic cable used exclusively by Indian River County <br /> (unless otherwise agreed to by District)and belonging to the Permittee and the Permittee shall not <br /> have any right to assign or sublet this Permit or any part thereof unto a third party. <br /> 3. Permittee assumes full responsibility for the construction,operation and maintenance of <br /> said fiber-optic cable and shall save and hold harmless District from any expense, loss, damage or <br /> claim in regard thereto,and the District assumes and shall have no liability in connection therewith. <br /> 4. That this Permit is subject always to the paramount right of the District to keep and <br /> maintain its drainage district functions and operations,and is subject to revocation and cancellation <br /> upon thirty days' notice from District to the Permittee. <br /> 5. Solely to the extent permitted by Florida law, and in no event greater than the limits set <br /> forth in Florida Statutes,§768.28,the Permittee agrees to indemnify the District,its agents,officers, <br />