Reso 2015-2492 - Laserfiche WebLink

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CFN:20150634460 BOOK 29800 PAGE 2670 GATEWAY PARK, ID#21699a the COUNTY which shall indemnify and protect the COUNTY from all claims, actions, judgments, liability, loss, cost and expense, including reasonable attorney's fees, related to work performed by the CITY pursuant to such permits. The security shall be furnished prior to the start of construction and shall be in an amount equal to the COUNTY'S cost estimate for the permit work. The CITY shall have sixty (60) days to resolve any claims by a permittor. Otherwise, the DEPARTMENT shall be entitled to pay said claims from the security. The CITY shall be liable for all costs in excess of the security, subject to the limitations of Section 786.28, Florida Statutes. 15. TREATMENT AND TRANSMISSION CAPACITY. In addition to the covenants and conditions set forth herein, sewer service to be rendered by the COUNTY is subject to the following: a. Issuance of a valid operation permit by the State of Florida for the COUNTY'S sewage treatment facility serving the CITY'S property which allows additional • connections, b. Sufficient available capacity in the COUNTY'S sewer system and connection approval, as specified in paragraph 3 herein, However, in no event will the COUNTY be obligated to supply any more sewage treatment capacity in any one year than is called for by the building connection schedule attached hereto and made a part hereof as Exhibit"C". Any variation from said connection schedule which results in increased yearly.demand on the sewage treatment facility capacity of the COUNTY not specifically provided for in Exhibit"C"shall be subject to.the written approval and consent of the DEPARTMENT and shall be dependent on the various restrictions placed on the disposal of sewage by local, state and federal government agencies and the physical limitations on.the COUNTY'S treatment capacity. If the CITY does not utilize the yearly amount of sewage treatment facility allocation specified in Exhibit"C", said amount • will be available to the CITY in the next calendar year subject to the limitations and provisions specified herein. 16. ALLOCATION OF CAPACITY. The COUNTY agrees to include the aforesaid allocation in its regional sanitary sewer system, once the CITY is granted necessary sewer allocation, as specified in paragraph 4 hereinabove. However, it is mutually agreed and understood by the COUNTY and the CITY that the allocation of capacity by the COUNTY does not guarantee the ability of the COUNTY to receive and dispose of sewage originating from the CITY'S property. Capacity allocation is subject to local, state and federal agencies and other regulatory bodies having jurisdiction. In connection therewith, the CITY agrees that the COUNTY shall not be liable or in any way responsible for any costs, claims or losses incurred by the CITY as a result of actions by regulatory bodies,which are related to capacity allocation. Page 6of13