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2003-214
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Entry Properties
Last modified
11/18/2016 11:16:44 AM
Creation date
9/30/2015 6:44:12 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Interlocal Agreement
Approved Date
08/19/2003
Control Number
2003-214
Agenda Item Number
11.I.4
Entity Name
Indian River Farms Water Control District
St. Johns River Water Management District
Subject
Implementation of east IRC Master Stormwater Management Plan
Archived Roll/Disk#
3162
Supplemental fields
SmeadsoftID
3364
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in Florida Statutes section 768 . 28 , the District hereby indemnifies the County and its officers <br /> and employees against all claims , losses , and liabilities (specifically excluding attorneys ' fees <br /> and expenses) caused solely by the negligent acts or omissions of the District , its <br /> employees , and elected officials arising out of, under , or in connection with , the District' <br />s <br /> performance under this Agreement . Nothing contained herein shall be deemed or construed <br /> to provide , directly or indirectly , an indemnity from the District for any negligent acts or <br /> omissions of the County , its agents and employees arising out of, under , or in connection <br /> with this Agreement . <br /> 7 . This Agreement incorporates and includes all prior and contemporaneous <br /> negotiations , correspondence , conversations , agreements , and understandings applicable to <br /> the matters contained herein and the parties agree that there are no commitments , <br /> agreements , or understandings concerning the subject matter of this Agreement that are not <br /> contained in this Agreement . Accordingly , it is agreed that no deviation from the terms <br /> hereof shall be predicated upon any prior or contemporaneous representations or <br /> agreements , whether oral or written . <br /> 8 . If any term or provision of this Agreement or the application thereof to any <br /> person or circumstance shall , to any extent , be held invalid or unenforceable for the <br /> remainder of this Agreement , then the application of such term or provision to persons or <br /> circumstances other than those as to which it is held invalid or unenforceable shall not be <br /> affected , and every other term and provision of this Agreement shall be deemed valid and <br /> enforceable to the extent permitted by law . <br /> 9 . This Agreement shall become effective upon execution by both parties and <br /> filing with the Clerk of the Circuit Court for Indian River County . <br /> 10 . Any notice , request , demand , consent , approval or other communication <br /> required or permitted by this Agreement shall be given or made in writing and shall be served <br /> ( as elected by the party giving such notice ) by any of the following methods : ( i ) hand delivery ; <br /> ( ii ) delivery by commercial overnight courier service ; ( iii ) mailed by registered or certified mail <br /> ( postage prepaid ) , return receipt requested ; or ( iv) faxed . Notice given in accordance with <br /> the provisions of this paragraph shall be deemed to be delivered and effective on the date of <br /> hand delivery or on the second day after the date of the deposit with an overnight courier or <br /> on the date upon which the return receipt is signed or delivery is refused or the notice <br /> is � <br /> designated by the postal authorities as not delivered if mailed . Facsimile transmission is a% <br /> effective when received , provided , however, that facsimile transmissions received ( i . e . printed ) N <br /> after 5 : 00 p . m . or on weekends or holidays , will be deemed received on the next day that is not 14*0 <br /> a weekend day or a holiday . Changes in the respective address to which such notice is to be <br /> directed may be made from time to time by written notice . For purposes of notice the o <br /> addresses are as follows : cn <br /> vv- <br /> J <br /> 5 <br />
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