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HomeMy WebLinkAbout2009-334 PERMIT AND INTERLOCAL AGREEMENT CU t Ll (No. IRC-1) THIS PERMIT and INTERLOCAL AGREEMENT, dated this 15_ day of December ,200 9 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-7305 4"' 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 sixty (60) months from January 1, 2010, unless sooner terminated as hereinafter provided, to construct, 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 corner 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 82"d 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 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 f 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 installation, operation and maintenance of said force main and shall expressly assume all risk of loss to or in connection with the same, including without limitation, any expense, loss, damage or claim from any cause whatsoever, and the District assumes and shall have no liability or 1 SneadSoft ReDnnt Date:Friday,March 18,2016-10:36:42-OFficiatDocuments:6690,Attachment Id 1,Page 1 1 responsibility in connection therewith . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 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 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statues , Section 768 . 28 , the Permittee agrees to indemnify the District, its agents , officers supervisors, and employees against all claims , losses and liabilities , (specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee, its employees , and elected officials performance under this Agreement . Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement. 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 so 2 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 . 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. 3 14 . The Permittee shall pay to the District an annual rental of Three Hundred Eighty Severn and 75 / 100 Dollars ($ 387 . 75 ) , payable in advance ; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . 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 , 2010 and continue for a period of sixty (60) months 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 this 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, from any cause whatsoever, 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 4 ty 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 . 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. 3 liability whatsoever, 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 , ipso facto and without more , cancel , nullify and revolve 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 , ipso facto 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 . This 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 , 200_. Signed, sealed and delivered In the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT By : David E . Gunter, Secretary as to District ( 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 15 day of December , 2009 . INDIAN RIVER COLTNT ' r Tel , t. By : 4 _ .... Chairm�ri ell Date Signed : December tl5 , 2009 ;a, l i ATTEST : J . K . Barton, Cleric Tel By : T viii _ Deputy Clerk APPROVED : Joseph A . I aiird,� County Administrator App d as to Form and Legal Sufficiency pp � g Y By : 4% owlol. County Attorney 6 ,y 14 . The Permittee shall pay to the District an annual rental of Three Hundred Eighty Severn and 75 / 100 Dollars ($ 387 . 75 ) , payable in advance ; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . 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 , 2010 and continue for a period of sixty (60) months 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 this 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, from any cause whatsoever, 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 4 A PERMIT AND INTERLOCAL AGREEMENT (No . IRC -2) THIS PERMIT and INTERLOCAL AGREEMENT, dated this 15 day of December , 2009 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 7305 4t" 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 sixty (60) months from January 1 , 2010 , unless sooner terminated as hereinafter provided, to construct, 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 . 1 easterly to the vicinity of the lift station 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 a part 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 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 construction, 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 . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 1 y ro 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 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes , Section 768 . 28 , the Permittee agrees to indemnify the District, its agents , officers , and employees against all claims , looses , and liabilities (specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under, or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with the Agreement 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 cable markers above ground at 100 foot intervals to show the location of any underground objects . The force main shall be so 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 2 liability whatsoever, 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 , ipso facto and without more , cancel , nullify and revolve 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 , ipso facto 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 . This 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 , 200_. Signed, sealed and delivered In the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT By : David E . Gunter, Secretary as to District ( 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 15 day of December , 2009 . d 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 undertake such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger or 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 same 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 Three Hundred Seventy Five and No/ 100 Dollars ($ 375 . 00) , payable in advance ; effective on each 3 a anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . 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 , 2010 and continue for a period of sixty (60) months 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 this 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, now or in the future , and 4 INDIAN RIVER COLTNT ' r Tel , t. By : 4 _ .... Chairm�ri ell Date Signed : December tl5 , 2009 ;a, l i ATTEST : J . K . Barton, Cleric Tel By : T viii _ Deputy Clerk APPROVED : Joseph A . I aiird,� County Administrator App d as to Form and Legal Sufficiency pp � g Y By : 4% owlol. County Attorney 6 e 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 , ipso facto 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 , ipso facto 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 . This 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 , 200_ . Signed, sealed and delivered In the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT By : David E . Gunter, Secretary as to the District ( SEAL) 5 L 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 15 day of December , 2009. INDIA VER COUNT1T By : . r .. Chairman Date Signed : December 15 , 2009 ATTEST : J . K . Barton, Clerk By : e O' A Deputy Clerk r A P OVED : _ By : Jose Bird, County Administrator A Toed as to Form and Legal Sufficiency pp g Y By : 61! County Attorney 6 A PERMIT AND INTERLOCAL AGREEMENT (No . IRC -2) THIS PERMIT and INTERLOCAL AGREEMENT, dated this 15 day of December , 2009 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 7305 4t" 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 sixty (60) months from January 1 , 2010 , unless sooner terminated as hereinafter provided, to construct, 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 . 1 easterly to the vicinity of the lift station 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 a part 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 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 construction, 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 . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 1 /i PERMIT AND INTERLOCAL AGREEMENT (No . IRC - 3 ) THIS PERMIT and INTERLOCAL AGREEMENT, dated this 15 day of December , 2009 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 7305 4th 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 sixty (60) months from January 1 , 2010 , unless sooner terminated as hereinafter provided, to construct, 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 a part 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 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 third party . 3 . Permittee assumes fiill responsibility for the construction, 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 . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 1 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 . Solely to the extent permitted by Florida law , and in no event greater than the limits set forth in Florida Statutes , Section 768 . 28 , the Permittee agrees to indemnify the District, its agents , officers , and employees against all claims , losses , and liabilities , ( specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under, or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide , directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement . 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 cable 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 2 y ro 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 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes , Section 768 . 28 , the Permittee agrees to indemnify the District, its agents , officers , and employees against all claims , looses , and liabilities (specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under, or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with the Agreement 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 cable markers above ground at 100 foot intervals to show the location of any underground objects . The force main shall be so 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 2 d 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 undertake such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger or 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 same 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 Three Hundred Seventy Five and No/ 100 Dollars ($ 375 . 00) , payable in advance ; effective on each 3 .q s 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 or 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 same 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, ipso facto , 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 Sixteen and 501100 Dollars ($ 3 , 016 . 50) , payable in advance ; effective on each 3 i anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . 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 , 2010 and continue for a period of sixty (60) months 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 this 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, now or in the future , and 4 a anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . 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 , 2010 and continue for a period of sixty (60) months 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 this 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, now or in the future , and 4 e 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 , ipso facto 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 , ipso facto 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 . This 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 , 200_ . Signed, sealed and delivered In the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT By : David E . Gunter, Secretary as to the District ( SEAL) 5 i ; e } 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 , ipso facto 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 , ipso facto 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 , 200_. Signed, sealed and delivered in the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT By : David E . Gunter, Secretary as to District (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 15 day of December , 2009 5 } J INDIAN RIVE R. COU�lTY Chairman: ? Date Signed: Dbtember 10 ()_9 ATTEST : J . K: 9dftion Clerk, By : cu .C...� Deputy Clerk APPROVED : . > : , o 'seph A . wird, County Administrator App rood as to Form and Legal Sufficiency By : County Attorney 6 L 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 15 day of December , 2009. INDIA VER COUNT1T By : . r .. Chairman Date Signed : December 15 , 2009 ATTEST : J . K . Barton, Clerk By : e O' A Deputy Clerk r A P OVED : _ By : Jose Bird, County Administrator A Toed as to Form and Legal Sufficiency pp g Y By : 61! County Attorney 6 /i PERMIT AND INTERLOCAL AGREEMENT (No . IRC - 3 ) THIS PERMIT and INTERLOCAL AGREEMENT, dated this 15 day of December , 2009 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 7305 4th 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 sixty (60) months from January 1 , 2010 , unless sooner terminated as hereinafter provided, to construct, 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 a part 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 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 third party . 3 . Permittee assumes fiill responsibility for the construction, 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 . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 1 4 � 0 poy PERMIT AND INTERLOCAL AGREEMENT (No . IRC -4) THIS PERMIT and INTERLOCAL AGREEMENT, dated this 15 day of December , 2009 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 7305 4th 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 sixty months (60) months from January 1 , 2010 , unless sooner terminated as hereinafter provided, to construct, maintain, inspect , operate and repair a force main in District right-of-way along Oslo Road from 27th Street easterly, with two crossing extensions South across sub-lateral E- 8 /J-2 canal , to Lateral "J" Canal ; the crossing of Lateral "J" 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 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 a part 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 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 construction, 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 1 s no liability in connection therewith . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 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 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes , Section 768 . 28 , the Permittee agrees to indemnify the District, its agents , officers , and employees against all claims , losses , and liabilities , (specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under, or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide , directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement . 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 cable markers above ground at 100 foot intervals to show the location of any underground objects . The force main shall be 2 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 . Solely to the extent permitted by Florida law , and in no event greater than the limits set forth in Florida Statutes , Section 768 . 28 , the Permittee agrees to indemnify the District, its agents , officers , and employees against all claims , losses , and liabilities , ( specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under, or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide , directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement . 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 cable 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 2 .q s 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 or 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 same 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, ipso facto , 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 Sixteen and 501100 Dollars ($ 3 , 016 . 50) , payable in advance ; effective on each 3 ;Q constructed and installed to permit the crossirig 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 or 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 . 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 , ipso facto , 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 . 3 4 14 . The Permittee shall pay to the District an annual rental of Six Hundre& Thirty Nine and 151100 Dollars ($ 639 . 15 ) , payable in advance ; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . 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 , 2010 and continue for a period of sixty (60) months 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 4 i anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . 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 , 2010 and continue for a period of sixty (60) months 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 this 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, now or in the future , and 4 i ; e } 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 , ipso facto 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 , ipso facto 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 , 200_. Signed, sealed and delivered in the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT By : David E . Gunter, Secretary as to District (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 15 day of December , 2009 5 property or right-of-way, and does so only in consideration of-Permittee ' s release of - - District from any responsibility or liability whatsoever, 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, ipso facto 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 , 200_1 Signed, sealed and delivered in the presence of. INDIAN RIVER FARMS WATER CONTROL DISTRICT By : David E . Gunter, Secretary as to District (SEAL) 5 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 15 day of December , 200_. � f INDIAN RIVER COUNTY Byjr,e Chairman L _ Date Signed : December 15_ ; _209 . ATTEST : J . K . Barton, Clerk By : — Deputy Cleric APPROVED : BB � � J seph A .`' Baird, ounty Administrator 4 Ap�x ved as to Form and Legal Sufficiency By : _ ,( � &P'Wk� County Attorney 6 } J INDIAN RIVE R. COU�lTY Chairman: ? Date Signed: Dbtember 10 ()_9 ATTEST : J . K: 9dftion Clerk, By : cu .C...� Deputy Clerk APPROVED : . > : , o 'seph A . wird, County Administrator App rood as to Form and Legal Sufficiency By : County Attorney 6 4 � 0 poy PERMIT AND INTERLOCAL AGREEMENT (No . IRC -4) THIS PERMIT and INTERLOCAL AGREEMENT, dated this 15 day of December , 2009 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 7305 4th 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 sixty months (60) months from January 1 , 2010 , unless sooner terminated as hereinafter provided, to construct, maintain, inspect , operate and repair a force main in District right-of-way along Oslo Road from 27th Street easterly, with two crossing extensions South across sub-lateral E- 8 /J-2 canal , to Lateral "J" Canal ; the crossing of Lateral "J" 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 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 a part 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 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 construction, 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 1 ERMIT AND INTERLOCAL—AGREEMENT— COP (No . IRC - 6) THIS PERMIT and INTERLOCAL AGREEMENT , dated this 15 day of December , 200 9 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 7305 4th Street, Vero Beach, Florida, hereinafter referred to as the "District" , and the INDIAN RIVER COUNT', 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 from January 1 , 2010 , until December 31 , 2010 , unless sooner terminated as hereinafter provided, to construct, 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 %2 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 effluent line shall be in exact conformity with the 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 reuse main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the 1 w Permittee 'shallenot have any right to assign or sublet this Permit or ariy-partthereofunto-a third party. 3 . Permittee assumes full responsibility for the construction, operation and maintenance of said effluent line 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 . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee 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 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes , Section 768 . 28 , the Permittee agrees to indemnify the District its agents , officers , agents , and employees against all claims , losses , and liabilities , (specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under, or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide , directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement . 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 2 s no liability in connection therewith . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 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 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes , Section 768 . 28 , the Permittee agrees to indemnify the District, its agents , officers , and employees against all claims , losses , and liabilities , (specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under, or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide , directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement . 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 cable markers above ground at 100 foot intervals to show the location of any underground objects . The force main shall be 2 ;Q constructed and installed to permit the crossirig 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 or 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 . 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 , ipso facto , 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 . 3 isturbance o exisfing 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 effluent line 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 effluent line 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 effluent line does not endanger or 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 effluent line within the said right-of-way in order that the location of same 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 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 3 –to- meet such requirements ,—then this Permit shaYl—igso facto ,—immediately--b�ecome 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 Five Thousand Seven Hundred Forty Five and No/ 100 Dollars ($ 5 , 745 . 00) , payable in advance) ; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . 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 , 2010 and continue until December 31 , 2014 , 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 this 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 4 4 14 . The Permittee shall pay to the District an annual rental of Six Hundre& Thirty Nine and 151100 Dollars ($ 639 . 15 ) , payable in advance ; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . 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 , 2010 and continue for a period of sixty (60) months 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 4 property or right-of-way, and does so only in consideration of-Permittee ' s release of - - District from any responsibility or liability whatsoever, 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, ipso facto 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 , 200_1 Signed, sealed and delivered in the presence of. INDIAN RIVER FARMS WATER CONTROL DISTRICT By : David E . Gunter, Secretary as to District (SEAL) 5 a istrict, i s agen s 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, 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 , ipso facto 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 , ipso facto 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 . This clause shall survive termination or expiration of this Permit . 5 IN WITNESS WHEREOF , sa.ic�istrict as caused t ese presents o e executed in its name by its Secretary and its corporate seal hereto affixed , by due authority of its Board of Supervisors , this day of 52002 , Signed, sealed and delivered in the presence of. INDIAN RIVER FARMS WATER CONTROL DISTRICT as to District BY : David E . Gunter, 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 15 day of December , 200 9. INDIAN RIVER COUNTY, By : � / 7 Chairman Date Signed : D_ ce ember 15_. � �1 ATTEST : J . K . Barton, Clerk By : Deputy Clerk A OVED : d 00 J Joseph A . Baird , County Administrator Aoved as to Form and Legal Sufficiency By : CSC/ ✓ L /u� County Attorney 6 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 15 day of December , 200_. � f INDIAN RIVER COUNTY Byjr,e Chairman L _ Date Signed : December 15_ ; _209 . ATTEST : J . K . Barton, Clerk By : — Deputy Cleric APPROVED : BB � � J seph A .`' Baird, ounty Administrator 4 Ap�x ved as to Form and Legal Sufficiency By : _ ,( � &P'Wk� County Attorney 6 ERMIT AND INTERLOCAL—AGREEMENT— COP (No . IRC - 6) THIS PERMIT and INTERLOCAL AGREEMENT , dated this 15 day of December , 200 9 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 7305 4th Street, Vero Beach, Florida, hereinafter referred to as the "District" , and the INDIAN RIVER COUNT', 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 from January 1 , 2010 , until December 31 , 2010 , unless sooner terminated as hereinafter provided, to construct, 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 %2 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 effluent line shall be in exact conformity with the 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 reuse main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the 1 v ^DA PERMIT AND INTERLOCAL AGREEMENT (No . IRC - 7) THIS PERMIT and INTERLOCAL AGREEMENT, dated this 15 day of December , 2009 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 7305 4t" 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 sixty (60) months from January 1 , 2010 , until December 31 , 2014 , 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 6t" 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 33A And 33B of 39 , attached hereto and marked "Exhibit A" and signed by the parties and, by reference , made a part 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 party . 3 . Permittee assumes full responsibility for the construction, 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 . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 1 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 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes , Section 768 . 28 , the Permittee agrees to indemnify the District , its agents , officers , and employees against all claims , losses , and liabilities , (specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under, or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the Districts , its agents and employees arising out of, under, or in connection with this Agreement . 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 so 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 2 w Permittee 'shallenot have any right to assign or sublet this Permit or ariy-partthereofunto-a third party. 3 . Permittee assumes full responsibility for the construction, operation and maintenance of said effluent line 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 . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee 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 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes , Section 768 . 28 , the Permittee agrees to indemnify the District its agents , officers , agents , and employees against all claims , losses , and liabilities , (specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under, or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide , directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement . 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 2 isturbance o exisfing 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 effluent line 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 effluent line 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 effluent line does not endanger or 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 effluent line within the said right-of-way in order that the location of same 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 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 3 a 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 undertake such installation, repair, replacement with personnel and equipment to insure that the force main does not endanger or 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 same 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 , ipso facto , 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 Hundred Twenty and No/ 100 Dollars ($ 420 . 00) , payable in advance ; effective on each anniversary 3 i 1 b date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . 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 , 2010 and continue until December 31 , 2014 , 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 District from any responsibility or liability whatsoever, now or in the future , and 4 –to- meet such requirements ,—then this Permit shaYl—igso facto ,—immediately--b�ecome 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 Five Thousand Seven Hundred Forty Five and No/ 100 Dollars ($ 5 , 745 . 00) , payable in advance) ; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . 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 , 2010 and continue until December 31 , 2014 , 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 this 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 4 a istrict, i s agen s 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, 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 , ipso facto 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 , ipso facto 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 . This clause shall survive termination or expiration of this Permit . 5 .o 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 , ipso facto 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 , ipso facto 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 . This 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 1200 ._ Signed, sealed and delivered In the presence of: INDIAN RIVER FARMS WATER CONTROL, DISTRICT as to District By : David E . Gunter, 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 . 5 Dated this 15 day of December , 2009 . INDIAN RIVER COUNTY' 1 a. . ll C11 By : Chairman Date Signed : December 1 `T2009 1 15 i ti t .t FL` ATTEST : J . K . Barton, Clerk Deputy Clerk APPROVED : By , a i seph A Baird , County Administrator App ved as to Form and Legal Sufficiency County Attorney 6 IN WITNESS WHEREOF , sa.ic�istrict as caused t ese presents o e executed in its name by its Secretary and its corporate seal hereto affixed , by due authority of its Board of Supervisors , this day of 52002 , Signed, sealed and delivered in the presence of. INDIAN RIVER FARMS WATER CONTROL DISTRICT as to District BY : David E . Gunter, 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 15 day of December , 200 9. INDIAN RIVER COUNTY, By : � / 7 Chairman Date Signed : D_ ce ember 15_. � �1 ATTEST : J . K . Barton, Clerk By : Deputy Clerk A OVED : d 00 J Joseph A . Baird , County Administrator Aoved as to Form and Legal Sufficiency By : CSC/ ✓ L /u� County Attorney 6 v ^DA PERMIT AND INTERLOCAL AGREEMENT (No . IRC - 7) THIS PERMIT and INTERLOCAL AGREEMENT, dated this 15 day of December , 2009 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 7305 4t" 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 sixty (60) months from January 1 , 2010 , until December 31 , 2014 , 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 6t" 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 33A And 33B of 39 , attached hereto and marked "Exhibit A" and signed by the parties and, by reference , made a part 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 party . 3 . Permittee assumes full responsibility for the construction, 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 . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 1 Q PERMIT AND INTERLOCAL AGREEMENT % (No . IRC - 8 ) THIS PERMIT and INTERLOCAL AGREEMENT, dated this 15 day of December , 2009 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 7305 4th 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 sixty (60) months from January 1 , 2010 , unless sooner terminated as hereinafter provided, to construct, 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 '/a of Section 15 , Township 32 South, Range 39 East ( Storm Grove Road- 57th Street) , northerly to the North line of Section 4 , Township 32 South, Range 39 East (Hobart Road- 77th 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 , entitled "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 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 construction, 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 1 b no ,.liability in connection therewith . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 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 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes , Section 768 . 28 , the Permittee agrees to indemnify the District, its agents , officers , and employees against all claims , losses , and liabilities , (specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees and elected officials arising out of, under , or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide , directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement . 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 2 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 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes , Section 768 . 28 , the Permittee agrees to indemnify the District , its agents , officers , and employees against all claims , losses , and liabilities , (specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under, or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the Districts , its agents and employees arising out of, under, or in connection with this Agreement . 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 so 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 2 a 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 undertake such installation, repair, replacement with personnel and equipment to insure that the force main does not endanger or 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 same 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 , ipso facto , 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 Hundred Twenty and No/ 100 Dollars ($ 420 . 00) , payable in advance ; effective on each anniversary 3 `o , t 4 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 or 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 . 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 , ipso facto , 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. 3 14 . The Permittee shall pay to the District an annual rental of Four Thousand Three Hundred Twelve and 501100 Dollars ($4 , 312 . 50) , based on a charge of $ 1 , 500 . 00 per lineal mile , payable in advance ; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . 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 , 2010 and continue for a period of sixty (60) months 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 4 i 1 b date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . 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 , 2010 and continue until December 31 , 2014 , 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 District from any responsibility or liability whatsoever, now or in the future , and 4 .o 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 , ipso facto 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 , ipso facto 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 . This 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 1200 ._ Signed, sealed and delivered In the presence of: INDIAN RIVER FARMS WATER CONTROL, DISTRICT as to District By : David E . Gunter, 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 . 5 i 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, 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, ipso facto 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 , 200_. Signed, sealed and delivered in the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT as to District By : David E . Gunter, Secretary ( SEAL) 5 a 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 15 day of December , 2009 . all INDIA RIVERCOUNTYIle oil ✓ �. : o Chairman Date Signed : December 15 , 2009 - , ATTEST : J . K . Barton, Clerk By : (I. ' Deputy Clerk APPROVED : v \ ,1 1 B �✓l toseph A . $ aird , County Administrator ed as to Form and Legal Sufficiency County Attorney 6 Dated this 15 day of December , 2009 . INDIAN RIVER COUNTY' 1 a. . ll C11 By : Chairman Date Signed : December 1 `T2009 1 15 i ti t .t FL` ATTEST : J . K . Barton, Clerk Deputy Clerk APPROVED : By , a i seph A Baird , County Administrator App ved as to Form and Legal Sufficiency County Attorney 6 Q PERMIT AND INTERLOCAL AGREEMENT % (No . IRC - 8 ) THIS PERMIT and INTERLOCAL AGREEMENT, dated this 15 day of December , 2009 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 7305 4th 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 sixty (60) months from January 1 , 2010 , unless sooner terminated as hereinafter provided, to construct, 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 '/a of Section 15 , Township 32 South, Range 39 East ( Storm Grove Road- 57th Street) , northerly to the North line of Section 4 , Township 32 South, Range 39 East (Hobart Road- 77th 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 , entitled "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 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 construction, 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 1 PERMIT AND INTERLOCAL AGREEMENT (No . IRC -9) THIS PERMIT and INTERLOCAL AGREEMENT, dated this 15 day of December , 2009 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 7305 4 1 Street, Vero Beach, Florida, hereinafter referred to as the "District" , and 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 sixty (60) months from January 1 , 2010 , unless sooner terminated as hereinafter provided, to construct, maintain, inspect, operate and repair a 16 " diameter PVC sanitary sewer force main on, over and across District right-of-way crossing the Lateral "H " Canal at the east side and adjacent to pre- existing 16 " diameter reuse force main for 1490 lineal feet (0 . 282 miles) 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 a part 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 party. 3 . Permittee assumes full responsibility for the installation, operation and maintenance of said force main and shall expressly assume all risk of loss to or in connection with the same, including without limitation any expense, loss , damage or claim from any cause whatsoever, and the District assumes and shall have no liability or responsibility in connection therewith . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 1 V 4 . That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district and water control functions and operations , and is subject to revocation and cancellation upon thirty days ' notice from District to the Permittee . 5 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes Section 768 . 28 , the Permittee agrees to indemnify the District, its agents , officers , and employees against all claims , losses , and liabilities , (specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under , or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide , directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement . 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 so 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 2 b no ,.liability in connection therewith . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 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 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes , Section 768 . 28 , the Permittee agrees to indemnify the District, its agents , officers , and employees against all claims , losses , and liabilities , (specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees and elected officials arising out of, under , or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide , directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement . 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 2 `o , t 4 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 or 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 . 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 , ipso facto , 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. 3 0 9 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 b 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 . 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, ipso facto , 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 Hundred Twenty Three and 00/ 100 Dollars ($ 423 . 00), payable in advance ; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee 3 may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . 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 , 2010 and continue for a period of sixty (60) months 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, from any cause whatsoever, 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, 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 4 14 . The Permittee shall pay to the District an annual rental of Four Thousand Three Hundred Twelve and 501100 Dollars ($4 , 312 . 50) , based on a charge of $ 1 , 500 . 00 per lineal mile , payable in advance ; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . 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 , 2010 and continue for a period of sixty (60) months 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 4 i 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, 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, ipso facto 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 , 200_. Signed, sealed and delivered in the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT as to District By : David E . Gunter, Secretary ( SEAL) 5 ; P d 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 , ipso facto 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 , ipso facto 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. ,F 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 , 200_1 Signed, sealed and delivered In the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT as to District By : David E . Gunter, Secretary ( SEAL) 5 O 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 15 day of December , 200 9 INDIAN RIVER COUNTY By : Chairman Date Signed : December 15 , 2009L• . ATTEST : J . K. Barton, Clerk Deputy Clerk -P�PROVED : B os�eph A . aird , County Adminis rator Appr6v9d as to Form and Legal Sufficiency By : L(0,� — I-01-f 1 County Attorney 6 a 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 15 day of December , 2009 . all INDIA RIVERCOUNTYIle oil ✓ �. : o Chairman Date Signed : December 15 , 2009 - , ATTEST : J . K . Barton, Clerk By : (I. ' Deputy Clerk APPROVED : v \ ,1 1 B �✓l toseph A . $ aird , County Administrator ed as to Form and Legal Sufficiency County Attorney 6 PERMIT AND INTERLOCAL AGREEMENT (No . IRC -9) THIS PERMIT and INTERLOCAL AGREEMENT, dated this 15 day of December , 2009 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 7305 4 1 Street, Vero Beach, Florida, hereinafter referred to as the "District" , and 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 sixty (60) months from January 1 , 2010 , unless sooner terminated as hereinafter provided, to construct, maintain, inspect, operate and repair a 16 " diameter PVC sanitary sewer force main on, over and across District right-of-way crossing the Lateral "H " Canal at the east side and adjacent to pre- existing 16 " diameter reuse force main for 1490 lineal feet (0 . 282 miles) 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 a part 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 party. 3 . Permittee assumes full responsibility for the installation, operation and maintenance of said force main and shall expressly assume all risk of loss to or in connection with the same, including without limitation any expense, loss , damage or claim from any cause whatsoever, and the District assumes and shall have no liability or responsibility in connection therewith . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 1 1F+ PERMIT AND INTERLOCAL AGREEMENT t ' (No . IRC - 10) THIS PERMIT and INTERLOCAL AGREEMENT, dated this 15 day of December ,2009 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 7305 4th Street, Vero Beach, Florida, hereinafter referred to as the "District" , and 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 sixty (60) months from January 1 , 2010 , unless sooner terminated as hereinafter provided, to construct, maintain, inspect, operate and repair a 24 " diameter PVC sanitary sewer force main on, over and across District right-of-way within and along the Lateral "B " Canal right-of-way for the 1 . 5 lineal mile section located from 8th Street to 5th Street S . W . 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 Kimley -Horn & 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 installation, operation and maintenance of said force main and shall expressly assume all risk of loss to or in connection with the same, including without limitation any expense , loss , damage or claim from any cause whatsoever, and the District assumes and shall have no liability or responsibility in connection therewith . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 4 . That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district and water control functions and operations , and is 1. A subject to revocation and cancellation upon thirty days ' notice from District to the Permittee . 5 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes Section 768 . 28 , the Permittee agrees to indemnify the District, its agents , officers , and employees against all claims , losses , and liabilities , (specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under, or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide , directly or indirectly , an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement . 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 so 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 2 V 4 . That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district and water control functions and operations , and is subject to revocation and cancellation upon thirty days ' notice from District to the Permittee . 5 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes Section 768 . 28 , the Permittee agrees to indemnify the District, its agents , officers , and employees against all claims , losses , and liabilities , (specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under , or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide , directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement . 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 so 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 2 0 9 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 b 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 . 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, ipso facto , 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 Hundred Twenty Three and 00/ 100 Dollars ($ 423 . 00), payable in advance ; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee 3 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 undertake such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger or 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 . 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 , ipso facto , 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 Two Thousand Two Hundred Fifty and 00/ 100 Dollars ($2 ,250 . 00) , payable in advance , representing One Thousand Five Hundred and 00/ 100 Dollars ($ 1 , 500 . 00) per lineal mile ; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting 3 the use of its rights of way, by others . 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 , 2010 and continue for a period of sixty (60) months 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 this 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, from any cause whatsoever, 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, 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 4 may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others . 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 , 2010 and continue for a period of sixty (60) months 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, from any cause whatsoever, 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, 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 4 ; P d 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 , ipso facto 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 , ipso facto 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. ,F 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 , 200_1 Signed, sealed and delivered In the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT as to District By : David E . Gunter, Secretary ( SEAL) 5 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 , ipso facto 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 , ipso facto 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 . This 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 , 200_. Signed, sealed and delivered In the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT as to District By : David E . Gunter , 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 15 day of December 52009 5 INDIAN RIVER COUNTY, FI RIDA BOARD OF COUNTY COMjML 1-Sk01' Li2,S Chairman Date Signed : December 15 . , 200`9 ATTEST : J . K . Barton, Clerk By : Deputy Clerk APPROVED : .t y ,X , . J seph A . Baird , County Administrator Approved as to Form and Legal Sufficiency By : County Attorney 6 O 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 15 day of December , 200 9 INDIAN RIVER COUNTY By : Chairman Date Signed : December 15 , 2009L• . ATTEST : J . K. Barton, Clerk Deputy Clerk -P�PROVED : B os�eph A . aird , County Adminis rator Appr6v9d as to Form and Legal Sufficiency By : L(0,� — I-01-f 1 County Attorney 6 1F+ PERMIT AND INTERLOCAL AGREEMENT t ' (No . IRC - 10) THIS PERMIT and INTERLOCAL AGREEMENT, dated this 15 day of December ,2009 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 7305 4th Street, Vero Beach, Florida, hereinafter referred to as the "District" , and 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 sixty (60) months from January 1 , 2010 , unless sooner terminated as hereinafter provided, to construct, maintain, inspect, operate and repair a 24 " diameter PVC sanitary sewer force main on, over and across District right-of-way within and along the Lateral "B " Canal right-of-way for the 1 . 5 lineal mile section located from 8th Street to 5th Street S . W . 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 Kimley -Horn & 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 installation, operation and maintenance of said force main and shall expressly assume all risk of loss to or in connection with the same, including without limitation any expense , loss , damage or claim from any cause whatsoever, and the District assumes and shall have no liability or responsibility in connection therewith . The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee . 4 . That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district and water control functions and operations , and is 1. A subject to revocation and cancellation upon thirty days ' notice from District to the Permittee . 5 . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes Section 768 . 28 , the Permittee agrees to indemnify the District, its agents , officers , and employees against all claims , losses , and liabilities , (specifically excluding attorneys ' fees and expenses) caused solely by the negligent acts or omissions of the Permittee , its employees , and elected officials arising out of, under, or in connection with, the Permittee ' s performance under this Agreement . Nothing contained herein shall be deemed or construed to provide , directly or indirectly , an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement . 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 so 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 2 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 undertake such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger or 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 . 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 , ipso facto , 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 Two Thousand Two Hundred Fifty and 00/ 100 Dollars ($2 ,250 . 00) , payable in advance , representing One Thousand Five Hundred and 00/ 100 Dollars ($ 1 , 500 . 00) per lineal mile ; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months , the annual fee may be subject to increase to reflect increases in costs to District of permitting 3 the use of its rights of way, by others . 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 , 2010 and continue for a period of sixty (60) months 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 this 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, from any cause whatsoever, 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, 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 4 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 , ipso facto 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 , ipso facto 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 . This 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 , 200_. Signed, sealed and delivered In the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT as to District By : David E . Gunter , 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 15 day of December 52009 5 INDIAN RIVER COUNTY, FI RIDA BOARD OF COUNTY COMjML 1-Sk01' Li2,S Chairman Date Signed : December 15 . , 200`9 ATTEST : J . K . Barton, Clerk By : Deputy Clerk APPROVED : .t y ,X , . J seph A . Baird , County Administrator Approved as to Form and Legal Sufficiency By : County Attorney 6