2008-108 - Laserfiche WebLink

Home Browse Search

i "Corrigan Lands'). Therefore, on this date, and subject to the terms contained below, Releasors hereby release and hold harmless the District for all past, present, and future claims by Releasors ("Released Claims') for any flooding or seepage on Cotrigan Lands as a result of the District's activities on lands owned by the District as a part of or in conjunction with the Upper St. Johns River Basin Project ("Project"). District and Corrigan acknowledge that there presently exists upon Corrigan Lands certain berms, dikes, or levee systems (hereinafter collectively the "Water Control Structures') a portion of which are situate upon the western portion of the Corrigan Lands lying adjacent to a Project reservoir, and Iocated generally east of the eastern boundary and shoreline of the Project reservoir. The parties acknowledge that. (i) the intended purpose of the Water Control Structures is to protect Corrigan Lands from Bre movement of water firm the ' Project reservoir (in the form of flooding, seepage or other means) on to Corrigan Lands; and (ii) Corrigan is the owner of the Water Control Structures, and District claims no ownership, possessory interest, or right of use thereof; and (iii) Corrigan shall hereafter be allowed to perfrim such management, maintemmov, and improvement activities upon and about the Water Control Structures to serve the intended purpose indicated above and to protect the Corrigan interests, from and after the Effective Date herooCprovided, however, that nothing contained herein shall be construed to eliminate applicable governmental permitting requirements, constitute the issuance of a District permit, or otherwise waive the regulatory or permitting authority of the District. Releasors shall be solely responsible for management, maintenance and Protection of the Corrigan Lands by utilizing the Water Control Structures and any other facilities necessary to protect Corrigan Lands from flooding, provided the District conducts its F water management activities is accordance with Paragraph 7-09 e. and Figure 7-4 of the Preliminary Water Control Manual, Central and Southern Project for Flood Control and Other Purposes, Upper St, Johns River Basin, U.S. Array, Corps of Engineers, September 1991 (copy attached hereto as Exhibit "A'). In the event the District fails to conduct its water management activities as set forth herein and above, then Releasors and the District may negotiate an equitable settlement for repair of such damage, or Releasors may undertake any remedies available by law to cure, correct, repair or otherwise rectify any damage to Corrigan Lands resulting From such flooding or seepage, Any claims by Carrigan would be for damages and/or injunctive relief arising on of said failure and not relate back or include any claims previously released herein above. however, this paragraph does not prevent the District from maintaining ' water levels in Blue Cypress Water Management Area that are lower than the elevations specified in Paragraph 7-09 e. and Figure 74. 2. sl Fees. Corrigan acknowledges and agrees that the Released Claims include all claims for costs, expenses and attorneys' fees, taxable or otherwise, incurred by Corrigan. i 3 . Authorit Y. Corrigan represents and warrants that Corrigan has the sole right and exclusive authority to execute this Agreement and to receive the aforesaid consideration, on behalf of itself and on bebalf of any entity that could assert a Released Claim through Corrigan and agrees to hold the District harmless from any such claim. 4. Amendment, It is expressly understood and agreed that this Agreemem may not be altered, amended, modified or otherwise changed in any respect whatsoever except by a writing duly executed by authorized representatives of the parties hereto. Corrigan hereby agrees that Corrigan will make no claim at any time or place that this Agreement has been orally altered or modified or otherwise changed by oral communication of any kind or character. 2 469