§ 72-692. Stipulations.

(a)

Permissive use. A use permit is a license for a permissive use only, and the placing of facilities upon county property pursuant to the permit shall not operate to create or to vest any property right in the holder thereof, and the issuance of a use permit does not relieve the permittee of the need for obtaining any other permits that may be required by the appropriate authorities. The permittee shall be responsible for maintenance of all such facilities permitted except for those conveyed to the public and accepted for maintenance by the county.

(b)

Assumption of risk. The rights and privileges herein set out are granted only to the extent of the county's right, title and interest in the land to be entered upon and used by the applicant; and the applicant shall at all times assume all risk of and defend the County of Volusia from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercise by the applicant of the aforesaid rights and privileges.

(c)

Encroachment or interference. The construction and/or maintenance of a utility or facility shall not interfere or encroach upon the property and rights of a prior occupant.

(d)

Relocation or protection of facilities. In the event of widening, repair, reconstruction or improvement of county property, including, but not limited to, installation of pavement, drainage structures or sidewalks, the permittee shall, upon notice by the CDE, relocate or protect existing facilities to clear such construction at no cost to the county.

(Ord. No. 96-32, § XXXV, 12-19-96; Ord. No. 2008-25, § III, 12-4-08)