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HomeMy WebLinkAbout1999-31011 11 PERMIT AND INTERLOCAL AGREEMENT (No. IRC -1) THIS PERMIT and INTERLOCAL AGREEMENT, dated this _ day of 2000 by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 440020'" Street, Vero Beach, Florida, hereinafter referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee". NOW, THEREFORE, the District does hereby grant unto the Permittee a permit for a period of one (1) year from January 1, 2000, unless sooner terminated as hereinafter provided, to maintain, inspect, operate and repair a 24" diameter sanitary sewer force main on, over and across District right-of-way crossing the Lateral "D" Canal at the Southeast comer of the Indian River County West Regional Wastewater Treatment Plant site, and then running East along South side of lateral "D" right-of-way for 1,365 lineal feet (0.2585 miles) to the East side of 82nd Avenue at the locations and in accordance with the plans and specifications attached hereto and marked "Exhibit A" and signed by the parties and, by reference, made apart hereof, together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of force main has been in exact conformity with the as -built plans prepared by Masteller & Moler Associates, Inc., marked "Exhibit A". 2. The rights shall extend only for force main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a third party. 3. Permittee assumes full responsibility for the operation and maintenance of said force main and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. 4. That this Permit is subject always to the paramount right of the District to keep i and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon thirty days' notice from District to the Permittee. 5. In no event shall the District be liable for any damages done or caused by the District to the public, to Permittee or any other person, using right -of --way or property subject to this Permit, and Permittee shall save the District, its officers, agents, supervisors, and employees harmless from any costs, charge or expense or claim or demand of any person against the District arising from or pertaining to any use made of the property or structures subject to the Permit. Permittee shall, as a condition to the D • • Smith Warehouse is currently under design and construction may not run concurrently with Woodmere Trade Center. Therefore it is agreed that the DEVELOPER install a 6 -inch sewer force main if the 6 -inch force main is not installed along High Street under the Smith Warehouse Developers Agreement or its sequel. If the force main proposed by the Smith Warehouse Developer's Agreement is not constructed, the DEVELOPER shall furnish and install a 6 -inch PVC force main along the west side of High Street from CR -512 to 2' Street. The DEVELOPER shall make connection to an existing 8 -inch force main located on CR -512. The proposed force main shall extend along Higi Street to the intersection of 2" Street for a total of 300 +/- lineal feet. The Developer shall pay line extension fees in the amount of $15.77 per foot of property frontage of the proposed wastewater line. The DEVELOPER'S fee for this portion is tabulated below: Woodmere Rd, F%mage Total Frontage Cost per Front Footage (5/ft.) Developer Cost L— —210 _ 210 _ - —515.77 i 53,311.70 $B K -inch Diameter Water Main along ►Hgh Street from CR-512to 2" Street: The DEVELOPER shall furnish and install a 8 -inch PVC water main along the east Side of High Street from CR -512 to 2`1 Street to Woodmere Road and along the north side of Woodmere Road from High Street to Old Dixie Highway. Make connection to a proposed 8 -inch water main to be located on the east side of High Street and 2' Street, as per the Smith Warehouse Developer' Agreement. The new water main shall extend south along High Street from 2' Street to the intersection of Woodmere Road and travel eastward along Woodmcre to the west right-of-way line of Old Dixie Highway for a total of 947 +/- lineal feet The Developer is relying upon the construction of a water main along High Street to be installed by others (Smith Warehouse Development, Randy Mosby as Engineer -of -Record). Smith Warehouse is currently under design and construction may not run concurrently with Woodmere Trade Center. Therefore it is agreed that the DEVELOPER install an 8 -inch water main if the 6 - inch force main is not installed along High Street under the Smith Warehouse Developer's Agreement or its sequel. If the water main proposed by the Smith Warehouse Developer's Agreement is not constructed, the DEVELOPER shall furnish and install a 6 -inch PVC water main along the east side of High Street from CR -512 to 2"' Street. The DEVELOPER shall make connection to an existing 16 -inch water main located on CR -512. The proposed water main shall extend along High Street to the intersection of 2"' Street for a total of 300 +/- lineal feet. The Developer shall pay line extension fees in the amount of $11.25 per foot of property frontage of the proposed water line. The DEVELOPER'S fee for this portion is tabulated below: Woodmere Rd. Frontage Total Frontage Cost per Front Footage ($/ft.) Developer Cost 210 210 -1 511.25 - $2,362.50 .7ar.lopa,Apee -d Woodmen Trade Cada CAStel. NYW FdaT .J d-Wood—T.&C.WeArrarron-D.wlopae Areemad,Wmd-1 Trdo Creta Nov 1999 doe s C. County Reimbursement: Reimbursement shall be in the form of check from the COUNTY, and shall not exceed the amount of 42 809.68 (see Exhibit -B), The COUNTY shall reimburse the DEVELOPER based on an itemized invoice; of installed materials on a percentage comp!ete basis (less 10% retainage) monthly, with final payment and release of retainage at the time the above referenced facilities are dedicated to and accepted by the COUNTY. SC - 2. Amy_nftcnt: A written instrument executed by the party or parties to be bound thereby may only amend this Agreement. SC - 3, Assi ili Either party may assign this Agreement, however, the rights granted herein shall run with the land and are not considered the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY to provide otherwise. SC - 4, Authori Each party hereto represents and warrants to the other that the execution of this agreement and any other documents required or necessary to be executed pursuant to the provisions hemof are valid, binding obligations and are enforceable in accordance with their terns. Bidding Award : The Indian River County Department of Utility Services shall review and approve bid proposals and engineering costs related with the Work described herein. At least three (3) bid estimates from qualified utility contractors must be submitted to the Department of Utility Services for review. Approval of project costs will be a condition of the Utility Department's reimbursement for construction. Furthermore, no work shall commence until the Utility Department provides written approval of the final construction cost. The County may require redesign and / or rebid if project costs significantly exceed that contained in Exhibit B. SC - 6. Captions-- Captions, aptions:Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. SC 7. Construction Plans, Technical SMcifi_cations and Contract Documents The DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilities Construction Permit to the Indian River County Utilities Department and Florida Department of Environmental Protection (FDEP). Prior to construction, all permits must be approved. SC - 8. Definition All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. SC - 9 DEVELOPER's Oblivations: The DEVELOPER shall prepare at its own expense, plans, specifications, agreement, advertisement, general conditions, hereinafter referred to has the "contract documents", for the lines and facilities necessary to deliver the water and wastewater utilities from the COUNTY'S facilities. The COUNTY De1awyer'a Ar -1 Woo,bm Trde Center C �S em Doyle Fr;OlProjat - Wood—Trade Cent&AyrMm 1 • Derek M Ago,.. ,% Wacd—e 7 r.& Cd. Nov 1999 doe L n.� prior to submittal to the permitting agencies must approve all plans and specifications. The DEVELOPER shall be responsible for all costs associated with the design, permitting and construction of the offsite facilities (which includes but is not limited to transmission lines, valves, fittings, hydrants, meters, and associated appurtenances) whether designed, permitted or constructed by the DEVELOPER or the COUNTY. The design, permitting, construction, operation and maintenance of all 99:0W water and wastewater utilities which is on or solely dedicated to the DEVELOPER's property (including but not limited to water meter, transmission lines, pumps, valves, storage facilities,) shall be the DEVELOPER's responsibility and expense. Construction of on-site water and wastewater utilities shall be subject to COUNTY review and approval. 'Ile DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER's side of the water meter, however the DEVELOPER shall not be deemed to own the water and the transfer or sale of water is prohibited. The DEVELOPER may not transfer or sell water or wastewater capacityto any pally for use offsite of the property. 59--10— Easerocn The DEVELOPER shall convey to the COUNTY an exclusive casement for the water and wastewater utilities. In addition, the DEVELOPER shall grant to the COUNTY a non-exclusive ingress - egress casement necessary for the COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the public right-of-way including but not limited to water lines, services, laterals, manholes, meters, lift station, sewer, remote monitoring After the COUNTY'S final inspection of the off-site water and wastewater facilities for conformance with the approved plans and specifications, the DEVELOPER shall convey all the offsite facilities to the COUNTY. The conveyance shall include, but not be limited to the following documents, in a form acceptable to the COUNTY: a) Bill of Sale b) Grants of Easements c) Maintenance Bond d) Record Drawings (hard copy and electronic format - AutoCAD rel. 14.0) SC -11_ Entire Agreement: This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there is no oral or written agreements between the parties, nor any representations made by either party relative to the subject. matter hereof, which are not expressly set forth herein. SC - l2 Governing Law & Jurisdiction: This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such State and all actions arising out of this Agreement shall be brought in Indian River COUNTY. All of the parties to this agreement have participated freely in the negotiation and preparation hereof, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. SC - 13. Insurance: DEVELOPER agrees to ensure that the selected Contractor for the project provides insurance coverage in accordance with Indian River County Utilities Department requirements. In addition, Indian Ne .kVa'e Ap—t Woodmen Trade Cm C:%9%e L,kFd.,,Njat- Woodmae Trade CentefA9-1-[krelopna Apern kW -1— T.& Cmta Nor 1999 doe 0 River County shall be named as an additional insured and the Developer shall provide an original certificate of insurance to the COUNTY. SC - 14 Main nange Bond The DEVELOPER agrees to convey all right, title and interest in the aforementioned utility improvements to Indian River County, Florida, and provide a Maintenance Bond for a period of one-year after release of final payment by the COUNTY. The value of the Maintenance Bond shall be twenty-five percent (25%) of the total construction value of the utility improvements. Sc - 15 Multiple Cvuntervarts; This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) agreement. but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party to be charged. SC - 16.Pgrmits: The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the construction, delivery, use and monitoring of the water distributed and wastewater collected to the subject property. If, through no fault of the parties involved, any federal, state or local government or agency (excluding the COUNTY) fail to issue necessary permits, grant necessan approvals, or require a material change in the system, then to the extent necessary and if possible, the parties agree to negotiate an amendment to the Agreement to reflect the change in condition. If it becomes impossible or impracticable to perform under the terms of this Agreement because of the above, then this Agreement shall terminate and the parties shall have no further obligations to the other. The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations and maintenance including but not limited to all FDEP regulations relating to bacteriological and hydrostatic testing, cross connection control, monitoring, color -coding of water and wastewater equipment. Rr�ingvt•Attretmcnt The Agreement shall be recorded in the public records of Indian River County. The obligations defined in this Agreement shall be a condition, which shall run with the land and shall bind subsequent owners of the property for the term of this Agreement, (- .....evcralrilily / Invalid Pruvision; If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future law's, such provision shall be fully severable. this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement. Sc - 19. Term: The term of this Agreement is five (5) Ncars. Unless otherwise authorized in writing this Agreement shall be to be renewed automatically for successive terms at the expiration of any preceding term. The Terns of this Agreement shall run concurrently with FDEP Permit to Construction and with the County's Utility Construction Permit whichever is less but shall be not more than five 5 - •ears from the date of issuance. C.St,m Wyk Fdm'P,.J t -W --Ib erc Tnde CmtttUpt d-Nev kven Ar ­ W -lb -I Tnda Cent -Nov 1999 da N'o.d—T.& C -W 40 G C SC - 20 Time of Essence: Time is of the essence of this Agreement; however, if the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the United States or the State of Florida, then, in such event, the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday. IN WITNESS WHEREOF, the COUNTY and DE`/ELOPER have accepted, made and executed this Agreement upon the terms and conditions above stated on day and year first above written. DEVELOPER: John Llovd .� By: �Wee(sigrt ature) (signature) 1, �yQ/VGS Pnnte Name 1 ss ( ig ure) STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this \`t'_M_ day of g;�jq�k.__._. 1949, by who is personally known to me or who has produced _ as identification and who did take off. Notary• Public Name: 0AILSTRUBHAR }4 r 4 Commission Number. Cs -_ Commission Expiration: 14ousr10rAny FlalDwysaawaeo warn (Notary tamp ;,k •, /ynarvrt Woodad�Tndt Cagy C\Savar Doyk Fda',Proj- - W—dmm Trade Ca"I AF -1 • Drarelopm Apeemart Woo&e Tnh Cams Nor 1999 dm 40 • • • STATE OF FLORIDA COUNTY OF INDIAN RIVER ATTEST. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA B?AKe,4nthR Jef�gyChainnan f�,.-� Before me personally appeared KennethR_Maeht�S , as Chairman of the Board of COUNTY Commissioners, and''AiRILIA as Deputy Clerk, to me well known instrument, and they acknowledge before me they executed same. Witness my hand and official seals this 7th day of 1999. Notarn Public i Name: Kimberly E MdiiWU Commission Number: Commission Expiration: Moberly E Mossung > A My COMMI "I cc&54U t)"Es >utY iS 2003 •x¢.�•' raaonauroorFwrwA+ctW- 1`1— " A dmi n Utilities Fltck M C'Star. ale FaaTmixt • Wuod.. Trde CmdeM1Al*w-d - D—kVm App aT� W00&—T.& Cm[a dor 1999 dm alt n.�twa•..+�-,tee W..do,e,. Thee Cad. [i?ITTiLl LEGAL D9KR TWM AMD PLAT Al L OF LOTS 3 - 5, BLOCK 1, SEBASTIAN GROVES ESTATES ACCORDING TO TFIE PLAT T MF: R.F,OF AS RF CORDF.I) IN PLAT BOOK 5, PAGE 85 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID LANDS LYING IN INDIAN RIVER COUNTY, FLORIDA. k,<I.•�rr t Apm.,,n,t ��,..�,•.,�r[$ 14 cr„� s EXHIBIT B PROJECT COST ESTLNtATE ESTQL4TED COST OF DIPROVEhiENTS: Item Description Estimated Unit of Measure ----Unit Price Total Price Quantity Dia PVC Force 943 Ft. S11.50 $10,844.50 Main a 2. 4" Dia. PVC Force 40 Ft. 58.50 $340.00 3. Main 4" Restrainers 2 Each 540.00 580.00 4, 6" Restrainers 10 Each _ 550.00 5500.00 5. 6" Tee 1 ,-- Each 5221.00 $221.00 6. 6" 22.5 Degrce Fittin I Each _ S110.00 $110.00 7. 6" x 4" Reducer 1 Each S120.00 S120.00 8. 2" Air Release Valve _ 1 Each S1,100.00 _S1,100.00 Gate Valve 1 Each S575.00 _ 5575.00 10. 4" Gate Valve 1 _ Each 5100.00 _ 5400.00 11. _ Jute erConnrction 1 _ Each _ 51,200.00 S1,200.00 12. 1 ''/i' Water Service 1 _ Each_S257.00 _5257.00 13. Fire Hydrant & 6" Gate 2 _ _ Each 52,050.00 S4,100.00 Valve -- 14. 2" Blowoff 2 _ Each _ _ $1,100.00 $2,200.00 _ 1 Each $302.00 15. 16. 8" Tee 8" Restrainers 14 Each _$302.00 i $83.57 S1,169.98 17. 8" 22.5 Degree Fitting 1 Each 5257.00 5257.00 18. 19. 8" Gate Valve 8" Dia. PVC Water 2 947 Each Ft. 5810.00 514.00 $1,620.00 $13,258.00 _ 20. Main _ Pavement Restoration 634SF -- -- ____S4,25 $2,694.50 ------ _ Subtotal -_. $41,348.98. - - -- Contingeac (4710% S4 134.90 _ Engineering, Surveying & $3,000.00 Administration Total Improvement Cost_ _ $48,483.88 _ Estimated County Share 542,809.68 - ._ ­--- cc fle In Developer s Agreement W°odmem bade Center Page 9 of 10 40 • • EXHIBIT C PROJECT SKETCH OF I,MPORVENIENTS uram ua a.om�n \ as DISI u O `podua rw wi • 0 effectiveness of this Permit, provide to District evidence satisfactory to District, protecting the interests of District and naming District as an additional insured. The certificate of insurance must contain a provision that thirty (30) days notices will be given to the District at its address in Vero Beach, Florida, before any cancellation of such insurance may become effective. This Permit shall be null and void of insurance coverage as described above is not in effect. 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 7. The District may, on thirty (30) days' written notice to the Permittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. g. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 9. The Permittee shall at all times maintain markers above ground at 100 foot intervals to show the location of any underground objects. The force main shall be constructed and installed to permit the crossing of heavy equipment used by the District for the maintenance of its laterals, sublaterals and canals and for any similar heavy equipment used by land owners within the District. In any case where the force main crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then upon twenty-four (24) hours' notice, Permittee shall, at Pernittee's sole cost and expense, be available at the location of, and arrange for such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger of prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the force main within the said right-of-way in order that the location of name shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. 11. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the now of water, and shall save and hold 2 40 O O District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request by District. 12. This Permit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipsofacto, immediately become null and void. 13. Permittee, as a condition to the continuance of this Permit, shall reimburse District, immediately on demand, for any fees for testing or other professional services, costs or expenses to District associated with or arising from Permittee's use of District right-of-way. 14. The Permittee shall pay to the District an annual rental of Three Hundred Ten and No/100 Dollars ($310.00), payable in advance. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same, saving and holding District hamiless from any liability in connection therewith. 15. This Permit shall be effective January 1, 2000 and continue for a period of one (1) year unless sooner terminated as provided herein. 16. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 17. This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right -of --way property. 18. Permittee assume full responsibility for any construction, operation or maintenance on District property or right-of-way subject to the Permit and understands and agrees that Permittee's use of District property for Permittee's purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right-of-way, regardless of the cause of the same, including, without limitation, negligence or want or care on the part of District, its agents or employees, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's property or right-of-way, and does so only in consideration of Permittee's release of PERMIT AND INTERLOCAL AGREEMENT (No. IRC -2) THIS PERMIT and INTERLOCAL AGREEMENT, dated this _ day of 2000 by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 440020" Street, Vero Beach, Florida, hereinafter referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee'. NOW, THEREFORE, the District does hereby grant unto the Pcmtittee a permit for a period of one (1) year from January 1, 2000, unless sooner terminated as hereinafter provided, to maintain, inspect, operate and repair a 6" PVC force main located 5 feet inside the North right-of-way of the South Relief Canal from U.S. Highway No. I easterly to the vicinity of the lift station at the locations and in accordance with plans and specifications attached hereto and marked "Exhibit A" and signed by the parties and, by reference, made apart hereof, together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of force main has been in exact conformity with the as -built plans prepared by Masteller & Moler Associates, Inc., marked "Exhibit A". 2. The rights shall extend only for force main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a third party. 3. Permittee assumes full responsibility for the operation and maintenance of said force main and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. 4. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon thirty days' notice from District to the Permittee. 5. In no event shall the District be liable for any damages done or caused by the District to the public, to Permittee or any other person, using right-of-way or property subject to this Permit, and Permittee shall save the District, its officers, agents, supervisors, and employees harmless from any costs, charge or expense or claim or demand of any person against the District arising from or pertaining to any use made of the property or structures subject to the Permit. Permittee shall, as a condition to the effectiveness of this Permit, provide to District evidence satisfactory to District, protecting the interests of District and naming District as an additional insured. The certificate of insurance must contain a provision that thirty (30) days notices will be given do • to the District at its address in Vero Beach, Florida, before any cancellation of such insurance may become effective. This Permit shall be null and void of insurance coverage as described above is not in effect. 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 7. The District may, on thirty (30) days' written notice to the Permittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. 8. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 9. The Permittee shall at all times maintain markers above ground at 100 foot intervals to show the location of any underground objects. The force main shall be constructed and installed to permit the crossing of heavy equipment used by the District for the maintenance of its laterals, sublaterals and canals and for any similar heavy equipment used by land owners within the District. In any case where the force main crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and expense, be available at the location of, and arrange for such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger of prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the force main within the said right-of-way in order that the location of name shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. 11. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request by District. 2 40 • • 12. This Permit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipsofacto, immediately become null and void. 13. Permittee, as a condition to the continuance of this Permit, shall reimburse District_, immediately on demand, for any fees for testing or other professional services, costs or expenses to District associated with or arising from Permittee's use of District 3 right-of-way. 14. The Permittee shall pay to the District an annual rental of Three Hundred Two and No/100 Dollars ($302.00), payable in advance. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same, saving and holding District harmless from any liability in connection therewith. 15. This Permit shall be effective January 1, 2000 and continue for a period of one (1) year unless sooner terminated as provided herein. 16. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 17. This Permit shall be considered to be a license only, for the limited purpose j of installation, placement and maintenance of the improvements specified on the face (j hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 18. Permittee assumes full responsibility for any construction, operation or maintenance on District property or right-of-way subject to the Permit and understands and agrees that Permittee's use of District property for Permittee's purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right-of-way, regardless of the cause of the same, including, without limitation, negligence or want or care on the part of District, its agents or employees, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's property or right-of-way, and does so only in consideration of Permittee's release of District from any responsibility or liability whatsoever, including for damage caused by District's negligence, now or in the future, and Permittee agrees that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to 3 • • claims against District or Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. 19. This Permit may not be assigned or subletted to a third part and any transfer of Permittee's property abutting District's property or right-of-way shall, ipsofacto and without more, cancel, nullify and revoke this Permit. 20. Should Permittee, during the term hereof, become a "member operator", as defined by Florida Statutes, Section 556.102(7), then such membership shall, ipsofacto and without more, cancel, nullify and revoke this Permit, 21. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. His clause shall survive termination or expiration of this Permit. IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this _ day of ,2000. Signed, sealed and delivered in the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT as to District By: John S. J. Amos, Secretary (SEAL) Permittee hereby accepts the terms of this Permit, and covenants and agrees that it will comply with the terms and conditions of this Permit. Dated thisjtj day of December 1000Dt 1999. Signed, sealed and delivered Bence of: ilac • ec INDIAN RIVER CO N v�Gt By as to Perm tee neth . Macht,Chairman (SEAL) Inpm f.rDr La IDo/Dtt0 Atlmin. ale Loges ' 9.�dge1 Ulilillec 1 [J 4 ���� 9�ck Mqr 40 • • PERMIT AND INTERLOCAL AGREEMENT (No. IRC -3) THIS PERMIT and INTERLOCAL AGREEMENT, dated this _ day of 12000 by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 440020' Street, Vero Beach, Florida, hereinafter referred to as the "District', and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee". NOW, THEREFORE, the District does hereby grant unto the Permittee a permit for a period of one (1) year from January 1, 2000, unless sooner terminated as hereinafter provided, to maintain, inspect, operate and repair a 12" PVC treated effluent force main located 5 feet inside the East right-of-way of the Lateral "G" Canal from Sand Ridge Golf Course southerly to Hawks Nest Golf Course, the crossing of Lateral "G" Canal with an 8" treated effluent line an Westward extension thereof along the Northerly side of Sub - lateral G-5 and crossing of Sub -lateral G-5 to discharge into Sand Ridge Golf Course Lake No. 6 at the locations and in accordance with the plans and specifications attached hereto and marked "Exhibit A" and signed by the parties and, by reference, made apart hereof, together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of force main has been in exact conformity with the as -built plans prepared by Masteller, Moler & Mayfield marked "Exhibit A". 2. The rights shall extend only for force main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a j third party. I 3. Permittee assumes full responsibility for the operation and maintenance of said + force main and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. 4. That this Permit is subject always to the paramount right of the District to keep land maintain its drainage district functions and operations, and is subject to revocation and cancellation upon thirty days' notice from District to the Permittee. 5. In no event shall the District be liable for any damages done or caused by the District to the public, to Permittee or any other person, using right-of-way or property subject to this Permit, and Permittee shall save the District, its officers, agents, supervisors, and employees harmless from any costs, charge or expense or claim or demand of any person against the District arising from or pertaining to any use made of the property or structures subject to the Permit. Permittee shall, as a condition to the 40 0 C effectiveness of this Permit, provide to District evidence satisfactory to District, protecting the interests of District and naming District as an additional insured. The certificate of insurance must contain a provision that thirty (30) days notices will be given to the District at its address in Vero Beach, Florida, before any cancellation of such insurance may become effective. This Permit shall be null and void of insurance coverage as described above is not in effect. 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 7. The District may, on thirty (30) days' written notice to the Permittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. 8. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of concoction or installation. 9. The Permittee shall at all times maintain markers above ground at 100 foot intervals to show the location of any underground objects. The force main shall be constructed and installed to permit the crossing of heavy equipment used by the District for the maintenance of its laterals, sublaterals and canals and for any similar heavy equipment used by land owners within the District. In any case where the force main crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and expense, be available at the location of, and arrange for such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger of prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the force main within the said right-of-way in order that the location of name shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. 11. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold 2 40 to District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request by l District. 12, This Permit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipsofacto, immediately become null and void. 13. Permittee, as a condition to the continuance of this Permit, shall reimburse District, immediately on demand, for any fees for testing or other professional services, costs or expenses to District associated with or arising from Permittee's use of District right-of-way. y{ 14. The Permittee shall pay to the District an annual rental of Two Thousand Four Hundred Thirteen and 20/100 Dollars ($2,413.20), payable in advance. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for 1 the same, saving and holding District harmless from any liability in connection therewith. i 15. This Permit shall be effective January 1, 2000 and continue for a period of one (1) year unless sooner terminated as provided herein. 16. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 17. This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 18. Permittee assumes full responsibility for any construction, operation or maintenance on District property or right-of-way subject to the Permit and understands and agrees that Permittee's use of District property for Permittee's purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right-of-way, regardless of the cause of the same, including, without limitation, negligence or want or care on the part of District, its agents or employees, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's property or right-of-way, and does so only in consideration of Permittee's release of 4D as to District John S. J. Amos, Secretary (SEAL) Permittee hereby accepts the terms of this Permit, and covenants and agrees that it will comply with the terms and conditions of this Permit. Dated this 7th day of December : waj 999. Signed, sealed and delivered aresence�f INDIAN RIVERCOU) By: as to PermilWee lqenneth R. Macht, Chairman (SEAL -, Indm rete C, AOP—d at, Admin Logai 4 Butl9ef 11 ^,ll , ,itiec girk Mg, �/ District from any responsibility or liability whatsoever, including for damage caused by District's negligence, now or in the future, and Permittee agrees that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to claims against District or Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. 19. This Permit may not be assigned or subletted to a third part and any transfer of Permittee's property abutting District's property or right-of-way shall, ipsofacto and without more, cancel, nullify and revoke this Permit. 20. Should Permittee, during the term hereof, become a "member operator", as defined by Florida Statutes, Section 556.102(7), then such membership shall, ipsofacto and without more, cancel, nullify and revoke this Permit. 21. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. His clause shall survive termination or expiration of this Permit. IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this _ day of _12000. Signed, sealed and delivered in the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT as to District John S. J. Amos, Secretary (SEAL) Permittee hereby accepts the terms of this Permit, and covenants and agrees that it will comply with the terms and conditions of this Permit. Dated this 7th day of December : waj 999. Signed, sealed and delivered aresence�f INDIAN RIVERCOU) By: as to PermilWee lqenneth R. Macht, Chairman (SEAL -, Indm rete C, AOP—d at, Admin Logai 4 Butl9ef 11 ^,ll , ,itiec girk Mg, �/ J • PERMIT AND INTERLOCAL AGREEMENT (No. IRC -4) THIS PERMIT and INTERLOCAL AGREEMENT, dated this _, day of 2000 by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 440020i4 Street, Vero Beach, Florida, hereinafter referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee". NOW, THEREFORE, the District does hereby grant unto the Permittee a permit for a period of one (1) year from January t, 2000, unless sooner terminated as hereinafter provided, to maintain, inspect, operate and repair a force main in District right-of-way along Oslo Road from 27* Street easterly, with two crossing extensions South across sub - lateral E -8/J-2 canal, to Lateral "P' Canal; the crossing of Lateral "P' Canal (approximately 100 feet North of Oslo Road Bridge); and force main North and 5 feet inside the East right-of-way of the Lateral "J" Canal for a distance of 2,250 lineal feet (0.4261 miles) at locations and in accordance with the plans and specifications attached hereto and marked "Exhibit A" and signed by the parties and, by reference, made apart hereof, together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of force main has been in exact conformity with the as -built plans prepared by Masteller & Moler Associates, Inc. marked "Exhibit A". 2. The rights shall extend only for force main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a third party. 3. Permittee assumes full responsibility for the operation and maintenance of said force main and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. 4. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon thirty days' notice from District to the Permittee. 5. In no event shall the District be liable for any damages done or caused by the District to the public, to Permittee or any other person, using right-of-way or property subject to this Permit, and Permittee shall save the District, its officers, agents, supervisors, and employees harmless from any costs, charge or expense or claim or demand of any person against the District arising from or pertaining to any use made of the property or structures subject to the Permit. Permittee shall, as a condition to the 40 effectiveness of this Permit, provide to District evidence satisfactory to District, protecting the interests of District and naming District as an additional insured. The certificate of insurance must contain a provision that thirty (30) days notices will be given to the District at its address in Vero Beach, Florida, before any cancellation of such insurance may become effective. This Permit shall be null and void of insurance coverage as described above is not in effect. 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. i 7. The District may, on thirty (30) days' written notice to the Permittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. 8. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 9. The Permittee shall at all times maintain markers above ground at 100 foot intervals to show the location of any underground objects. The force main shall be constructed and installed to permit the crossing of heavy equipment used by the District for the maintenance of its laterals, sublaterals and canals and for any similar heavy equipment used by land owners within the District. In any case where the force main crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and expense, be available at the location of, and arrange for such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger of prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the force main within the said right-of-way in order that the location of name shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. 11. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold 2 40 • District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request by District. 12. This Permit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipsofacto, immediately become null and void. 13. Permittee, as a condition to the continuance of this Permit, shall reimburse District, immediately on demand, for any fees for testing or other professional services, Ila costs or expenses to District associated with or arising from Pemrittee's use of District right-of-way. 14. The Permittee shall pay to the District an annual rental of Five Hundred Eleven and 32/100 Dollars ($511.32), payable in advance. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same, saving and holding District harmless from any liability in connection therewith. 15. This Permit shall be effective January 1, 2000 and continue for a period of one (1) year unless sooner terminated as provided herein. 16. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 17. This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 18. Permittee assumes full responsibility for any construction, operation or maintenance on District property or right-of-way subject to the Permit and understands and agrees that Permittee's use of District property for Permince's purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right-of-way, regardless of the cause of the same, including, without limitation, negligence or want or care on the part of District, its agents or employees, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's property or right-of-way, and does so only in consideration of Permittee's release of A District from any responsibility or liability whatsoever, including for damage caused by District's negligence, now or in the future, and Permittee agrees that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to claims against District or Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. 19. This Permit may not be assigned or subletted to a third part and any transfer of Pennittee's property abutting District's property or right-of-way shall, ipsofacto and without more, cancel, nullify and revoke this Permit. 20. Should Permittee, during the term hereof, become a "member operator', as defined by Florida Statutes, Section 556.102(7), then such membership shall, ipsofacto and without more, cancel, nullify and revoke this Permit. 21. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. His clause shall survive termination or expiration of this Permit. IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this _ day of 2000. Signed, scaled and delivered in the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT as to District By: John S. J. Amos, Secretary (SEAL) Permittee hereby accepts the terms of this Pemtit, and covenants and agrees that it will comply with the terms and conditions of this Permit. Dated this 7th day of December '20ROX 1999. Signed, sealed and delivered —r presence yof- %lied INDIAN RI ER COUNTY By: Chairman as to Permi ee meth R. Macht, Chairman kRiGkMgr. 4 • PERMIT AND INTERLOCAL AGREEMENT (No. IRC -6) THIS PERMIT and INTERLOCAL AGREEMENT, dated this _ day of 12000 by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 440020' Street, Vero Beach, Florida, hereinafter referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee". NOW, THEREFORE, the District does hereby grant unto the Permittee a permit for a period of one (1) year from January 1, 2000, unless sooner terminated as hereinafter provided, to maintain, inspect, operate and repair a 20" diameter tertiary treated sanitary sewer effluent line on, over and across 3.83 linear miles of District right-of-way described as follows: The West 10' of the East 50 feet of the South 1,630 feet of Section 5, Township 33 South, Range 38 East; and The West 10' of the East 50 feet of Section 32, Township 33 South, Range 39 East; and The North 30' of the South 100 feet of Sections 33, 34 and the West I %z of section 35, Township 39 East at the locations and in accordance with the plans and specifications attached hereto and marked "Exhibit A" and signed by the parties and, by reference, made apart hereof, together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of force main has been in exact conformity with the as -built plans prepared by Carter Associates, Inc., entitled "Indian River County Florida, South Regional Effluent Reuse Transmission Main, County Project No. US -94 -02 -ED". 2. The rights shall extend only for force main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permince shall not have any right to assign or sublet this Permit or any part thereof unto a third party. 3. Permittee assumes full responsibility for the operation and maintenance of said force main and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. 4. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon thiny days' notice from District to the Permittee. • 5. In no event shall the District be liable for any damages done or caused by the District to the public, to Permittee or any other person, using right-of-way or property subject to this Permit, and Permittee shall save the District, its officers, agents, supervisors, and employees harmless from any costs, charge or expense or claim or demand of any person against the District arising from or pertaining to any use made of the property or structures subject to the Permit. Permittee shall, as a condition to the effectiveness of this Permit, provide to District evidence satisfactory to District, protecting the interests of District and naming District as an additional insured. The certificate of insurance must contain a provision that thirty (30) days notices will be given to the District at its address in Vero Beach, Florida, before any cancellation of such insurance may become effective. This Permit shall be null and void of insurance coverage as described above is not in effect. 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 7. The District may, on thirty (30) days' written notice to the Permittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. g. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 9. The Permittee shall at all times maintain markers above ground at 100 foot intervals to show the location of any underground objects. The force main shall be constructed and installed to permit the crossing of heavy equipment used by the District for the maintenance of its laterals, sublaterals and canals and for any similar heavy equipment used by land owners within the District. In any case where the force main crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and expense, be available at the location of, and arrange for such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger of prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the force main 2 within the said right-of-way in order that the location of name shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. 11. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request by District. 12. This Permit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipsofacto, immediately become null and void. 13. Permittee, as a condition to the continuance of this Permit, shall reimburse District, immediately on demand, for any fees for testing or other professional services, costs or expenses to District associated with or arising from Permittee's use of District right-of-way. 14. The Permittee shall pay to the District an annual rental of Four Thousand Five Hundred Ninety Six and No/100 Dollars ($4,596.00), payable in advance. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same, saving and holding District harmless from any liability in connection therewith. 15. This Permit shall be effective January I, 2000 and continue for a period of one (1) year unless sooner terminated as provided herein. 16. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 17. This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 18. Permittee assumes full responsibility for any construction, operation or maintenance on District property or right-of-way subject to the Permit and understands and agrees that Permittee's use of District property for Permittee's purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right-of-way, regardless of the cause of the same, including, without limitation, negligence or want or care on the part of 3 • • District, its agents or employees, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's property or right-of-way, and does so only in consideration of Permittee's release of District from any responsibility or liability whatsoever, including for damage caused by District's negligence, now or in the future, and Permittee agrees that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to claims against District or Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. 19. This Permit may not be assigned or subletted to a third part and any transfer of Permittee's property abutting District's property or right-of-way shall, ipsofacto and without more, cancel, nullify and revoke this Permit. 20. Should Permittee, during the term hereof, become a "member operator", as defined by Florida Statutes, Section 556.102(7), then such membership shall, ipsofacto and without more, cancel, nullify and revoke this Permit. 21. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. His clause shall survive termination or expiration of this Permit. IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this _ day of ,2000. Signed, sealed and delivered in the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT as to District By: John 5.1. Amos, Secretary (SEAL) 4 • Permittee hereby accepts the terms of this Permit, and covenants and agrees that it will comply with the terms and conditions of this Permit. Dated this 7th day of December .RRRR, 1999. Signed, sealed and delivered int esence of: �J INDIAN VER COUNTY By a G aswPem»tt a Kenneth R. Macht, Chairman (SEAL) MB.dg. e�le��",�)�� PERMIT AND INTERLOCAL AGREEMENT (No. IRC -7) THIS PERMIT and INTERLOCAL AGREEMENT, dated this _ day of 2000 by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 440020' Street, Vero Beach, Florida, hereinafter referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee". NOW, THEREFORE, the District does hereby grant unto the Permittee a permit for a period of one (1) year from January 1, 2000, unless sooner terminated as hereinafter provided, to construct, maintain, inspect, operate and repair a 10" diameter sanitary sewer force main on, over and across District right-of-way on the northerly right-of-way of Lateral B-10 Canal between 6' Avenue SW and Sunrise Drive, for approximately 1,500 lineal feet at the locations and in accordance with the plans and specifications prepared by Masteller & Moler, Inc. Engineering, Plan Sheets 33! And 33B of 39, attached hereto and marked "Exhibit A" and signed by the parties and, by reference, made apart hereof, together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of force main shall be in exact conformity with the plans prepared by Masteller & Moler Associates, Inc. marked "Exhibit A'. 2. The rights shall extend only for force main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a third parry. 3. Permittee assumes full responsibility for the operation and maintenance of said force main and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. 4. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon thirty days' notice from District to the Permittee. 5. In no event shall the District be liable for any damages done or caused by the District to the public, to Permittee or any other person, using right-of-way or property subject to this Permit, and Permittee shall save the District, its officers, agents, supervisors, and employees harmless from any costs, charge or expense or claim or demand of any person against the District arising from or pertaining to any use made of the property or structures subject to the Permit. Permittee shall, as a condition to the effectiveness of this Permit, provide to District evidence satisfactory to District, 40 O O protecting the interests of District and naming District as an additional insured. The certificate of insurance must contain a provision that thirty (30) days notices will be given to the District at its address in Vero Beach, Florida, before any cancellation of such insurance may become effective. This Permit shall be null and void of insurance coverage as described above is not in effect. 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 7. The District may, on thirty (30) days' written notice to the Pemtittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. g. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of of all construction. II. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such 2 construction or installation. 9. The Permittee shall at all times maintain markers above ground at 100 foot intervals to show the location of any underground objects. The force main shall be constructed and installed to permit the crossing of beavy equipment used by the District for the maintenance of its laterals, sublalerals and canals and for any similar heavy equipment used by land owners within the District. In any case where the force main crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and expense, be available at the location of, and arrange for such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger of prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the force main within the said right-of-way in order that the location of name shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. II. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such 2 to • C: discharge or obstruction, remedying or removing the same immediately upon request by District. 12. This Permit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipsofacto, immediately become null and void. 13. Permittee, as a condition to the continuance of this Permit, shall reimburse District, immediately on demand, for any fees for testing or other professional services, costs or expenses to District associated with or arising from Permittee's use of District y right-of-way. 14. The Permittee shall pay to the District an annual rental of Three Hundred 1 Thirty Six and No/100 Dollars (5336.00), payable in advance. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred iby District in connection herewith and shall indemnify District for the same, saving and holding District harmless from any liability in connection therewith. 15. This Permit shall be effective January 1, 2000 and continue for a period of one (1) year unless sooner terminated as provided herein. 16. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 17. This Permit shall he considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject i right-of-way property. 18. Permittee assumes full responsibility for any construction, operation or maintenance on District property or right-of-way subject to the Permit and understands and agrees that Permittee's use of District property for Permittee's purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right -of --way, regardless of the cause of the same, including, without limitation, negligence or want or care on the part of District, its agents or employees, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's property or right-of-way, and does so only in consideration of Permittee's release of District from any responsibility or liability whatsoever, including for damage caused by 3 40 i A District's negligence, now or in the future, and Permittee agrees that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to claims against District or Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. 19. This Permit may not be assigned or subletted to a third part and any transfer of Pernittee's property abutting District's property or right-of-way shall, ipsofacto and without more, cancel, nullify and revoke this Permit. 20. Should Permittee, during the term hereof, become a "member operator', as defined by Florida Statutes, Section 556.102(7), then such membership shall, ipsofacto and without more, cancel, nullify and revoke this Permit. 21. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. His clause shall survive termination or expiration of this Permit. IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this _ day of 2000. Signed, sealed and delivered in the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT as to District By: John 5.1. Amos, Secretary (SEAL) Permittee hereby accepts the terms of this Permit, and covenants and agrees that it will comply with the terms and conditions of this Permit. Dated this 7th _day of Oecemhpr 1999. Signed, sealed and delivered i1t resenee of: • INDIAN RIVER COUNTY B 4: % v 1? y: c as toP� nneth R. Macht, Chairman (SEAL) 1r4m apm C� Applmd Me Adml, / ( '� LC gal 4 uuuu« i II i• tr.�l HICk Mgr. PERMIT AND INTERLOCAL AGREEMENT (No. IRC -8) THIS PERMIT and INTERLOCAL AGREEMENT, dated this _ day of ,2000 by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 440020° Street, Vero Beach, Florida, hereinafter referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee". NOW, THEREFORE, the District does hereby grant unto the Permittee a permit for a period of one (1) year from January 1, 2000, unless sooner terminated as hereinafter provided, to maintain, inspect, operate and repair a re -use force main on, over and across District right-of-way of the Lateral "G" Canal from the South line of the Northwest '/. of Section 15, Township 32 South, Range 39 East (Storm Gtove Road -57' Street), northerly to the North line of Section 4, Township 32 South, Range 39 East (Hobart Road -7r Street) for 15,181 lineal feet (2,875 miles) in accordance with the plans and specifications for Indian River County Project No. US -95 -24 -DC, entitle "Wastewater Interconnect for Hobart to Gifford W. W.T.P.'S", prepared by Carter Associates Inc., and dated September 10, 1996, made a part hereof by reference, together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of force main shall be in exact conformity with the as -built plans prepared by Carter Associates, Inc., as described above. 2. The rights shall extend only for force main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a third party. 3. Permittee assumes full responsibility for the operation and maintenance of said force main and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. 4. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon thirty days' notice from District to the Permittee. 5. In no event shall the District be liable for any damages done or caused by the District to the public, to Permittee or any other person, using right-of-way or property subject to this Permit, and Permittee shall save the District, its officers, agents, supervisors, and employees harmless from any costs, charge or expense or claim or demand of any person against the District arising from or pertaining to any use made of the property or structures subject to the Permit. Permittee shall, as a condition to the 40 0 effectiveness of this Permit, provide to District evidence satisfactory to District, protecting the interests of District and naming District as an additional insured. The certificate of insurance must contain a provision that thirty (30) days notices will be given to the District at its address in Vero Beach, Florida, before any cancellation of such insurance may become effective. This Permit shall be null and void of insurance coverage as described above is not in effect. 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 7. The District may, on thirty (30) days' written notice to the Permittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. 8. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 9. The Permittee shall at all times maintain markers above ground at 100 foot intervals to show the location of any underground objects. The force main shall be constructed and installed to permit the crossing of heavy equipment used by the District for the maintenance of its laterals, sublaterals and canals and for any similar heavy I equipment used by land owners within the District. In any case where the force main crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and expense, be available at the location of, and arrange for such installation, repair or replacement 1 with personnel and equipment to insure that the force main does not endanger of prevent 11 the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the force main within the said right-of-way in order that the location of name shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. 11. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold 2 40 District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request by District. 12. This Permit shall exist only so long as Pennittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipsofacto, immediately become null and void. 13. Permittee, as a condition to the continuance of this Permit, shall reimburse District, immediately on demand, for any fees for testing or other professional services, costs or expenses to District associated with or arising from Permittee's use of District right-of-way. 14. The Permittee shall pay to the District an annual rental of Three Thousand Four Hundred Fifty and No/100 Dollars ($3,450.00), based on a charge of $1,200.00 per lineal mile, payable in advance. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same, saving and holding District harmless from any liability in connection therewith. 15. This Permit shall be effective January 1, 2000 and continue for a period of one (1) year unless sooner terminated as provided herein. 16. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 17. This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 18. Permittee assumes full responsibility for any construction, operation or maintenance on District property or right-of-way subject to the Permit and understands and agrees that Permittee's use of District property for Permittee's purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right-of-way, regardless of the cause of the same, including, without limitation, negligence or want or care on the part of District, its agents or employees, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's 3 • • properly or right-of-way, and does so only in consideration of Permittee's release of District from any responsibility or liability whatsoever, including for damage caused by District's negligence, now or in the future, and Permittee agrees that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to claims against District or Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. 19. This Permit may not be assigned or subletted to a third part and any transfer of Permittee's property abutting District's property or right-of-way shall, ipsofacto and without more, cancel, nullify and revoke this Permit. 20. Should Permittee, during the tern hereof, become a "member operator', as defined by Florida Statutes, Section 556.102(7), then such membership shall, ipsofacto and without more, cancel, nullify and revoke this Permit. 21. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. His clause shall survive termination or expiration of this Permit. IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this _ day of ,2000. Signed, sealed and delivered in the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT as to District By: (SEAL) 4 John S. J. Amos, Secretary El Permittee hereby accepts the terms of this Permit, and covenants and agrees that it will comply with the terms and conditions of this Permit. Dated this 7th day of December ,LGKt11. 1999 Signed, sealed and delivered esence of: as to Pei tee INDIANIVERCOUNTY ay; ! enneth R. Macht, Chairman (SEAL) �++an :.,v Li I,xweE pM acm�n 2 Lagni Budget utmnec 9icM Mq,