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` IS <br />SEP 11$2 <br />RESOLUTION NO. 82- 84 <br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS <br />OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE <br />ACCEPTANCE AND APPROVAL OF AN INDEMNIFICATION <br />AGREEMENT FOR CERTAIN ENCROACHMENTS WITHIN SHE <br />COUNTY RIGHT-OF-WAY FOR 1ST STREET S.W. <br />WHEREAS, during the improvement of 1st Street S.W., the <br />County Engineer discovered that there presently exist certain <br />encroachments within a portion of the right-of-way dedicated <br />previously to the County by the developer of the Bobbi "J" <br />Subdivision; and <br />WHEREAS, upon request by the County, the -encroachments <br />have been removed by the owner, with the exception of a portion of <br />a concrete archway and driveway structure, three --domesticated - - - <br />trees, -and a sprinkler fixture, none of which appear to present a <br />major hazard to right-of-way users; and <br />WHEREAS, to effectively reduce any remaining potential <br />liability to the County for permitting the remaining obstructions, <br />the owner has executed the attached indemnity agreement and has <br />obtained insurance coverage to support his promise of indemnity; <br />and <br />WHEREAS, the removal of the major obstructions together <br />with indemnification by the owner for those remaining isa reason- <br />able solution to the matter at hand. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the foregoing <br />recitals are ratified and affirmed, and the Chairman and Clerk are <br />authorized to execute the attached indemnification agreement and <br />have same filed with the Clerk of the Board. <br />The foregoing resolution was offered by Commissioner <br />Lyons who moved its adoption. The motion was <br />seconded by Commissioner Bird and, upon being put to a <br />vote, the vote was as follows: <br />Chairman Don C. Scurlock, Jr. Aye <br />Vice -Chairman A. Grover Fletcher Aye <br />Commissioner Patrick B. Lyons Aye <br />Commissioner William C. Wodtke, Jr. Aye <br />Commissioner Dick Bird Aye <br />The Chairman thereupon declared the resolution duly <br />