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2004-315H
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2004-315H
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Last modified
11/14/2016 1:39:55 PM
Creation date
9/30/2015 8:28:57 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Interlocal Agreement
Approved Date
12/14/2004
Control Number
2004-315H
Agenda Item Number
7.M.
Entity Name
Indian River Farms Water Control District
Subject
Permit and Interlocal Agreement IRC-9
Area
Lateral H Canal
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4769
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may be subject to increase to reflect increases in costs to District of permitting the use of <br /> its rights of way, by others . In addition to the permit fee payable hereunder, if the permit <br /> applied for or the use for which the permit is granted requires engineering or legal work <br /> for purposes of processing and approval by District, then Permittee shall pay promptly <br /> when invoiced all engineering and legal fees incurred by District in connection herewith <br /> and shall indemnify District for the same , saving and holding District harmless from any <br /> liability in connection therewith . <br /> 15 . This Permit shall be effective January 1 , 2005 and continue for a period of <br /> sixty (60) months unless sooner terminated as provided herein . <br /> 16 . In the event that this Permit is canceled or terminated , the Permittee shall , at <br /> its expense , promptly remove the sewer force main from the right-of- way of the District . <br /> 17 . This Permit shall be considered to be a license only , for the limited purpose <br /> of installation, placement and maintenance of the improvements specified on the face <br /> hereof, and does not convey any other right, title or interest of the District in the subject <br /> right-of-way property . <br /> 18 . Permittee assumes full responsibility for any construction, operation or <br /> maintenance on District property or right-of-way subject to the Permit and understands <br /> and agrees that Permittee ' s use of District property for Permittee ' s purposes and benefit <br /> is at Permittee ' s sole risk; any loss or damage to Permittee ' s property , installations , <br /> facilities or personnel while on District property or right-of-way , from any cause <br /> whatsoever, whether by reason of the provisions of Chapter 556 , Florida Statutes , or <br /> otherwise, is Permittee ' s and not District ' s and, as a condition of this Permit, Permittee <br /> promises , covenants and agrees that neither Permittee , nor anyone claiming by , through <br /> or under Permittee , shall have any claim or cause of action against District by reason of <br /> such loss or damage . The parties hereto further acknowledge and agree that District has <br /> no obligation to allow Permittee to enter upon or use District ' s property or right-of-way , <br /> and does so only in consideration of Permittee ' s release of District from any <br /> responsibility or liability whatsoever, now or in the future , and Permittee agrees : that it <br /> is able, at its own expense, to insure against loss or damage, without granting any right of <br /> subrogation to claims against District, or Permittee is a self-insurer, warranting and <br /> representing to District that Permittee assumes all risk of loss or damage , and shall save <br /> 4 <br />
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