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2/28/96(reso\dep)Vk <br />RESOLUTION NO. 96-32 <br />A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, TO THE <br />STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION <br />GIVING ASSURANCES THAT THE SUBMERGED OFF -SHORE BREAKWATER <br />PROJECT (PEP REEF) WILL BE CONDUCTED IN ACCORDANCE WITH <br />THE TEST PLAN. <br />WHEREAS, on June 21, 1995, Permit No. DBS -9A-0342 was approved by the <br />Department of Environmental Protection (DEP); and <br />WHEREAS, this permit allows Indian River County to construct a <br />submerged, off -shore breakwater, i.e., the PEP Reef, in certain coastal areas <br />of Indian River County; and <br />WHEREAS, the permit is subject to some 18 conditions established by the <br />DEP; and <br />WHEREAS, condition #2 of the permit, subsection 2.2, is a requirement <br />that the County give written assurance, inter alia, that the project will be <br />conducted in accordance with the permit and plan as approved by the DEP; and <br />WHEREAS, Indian River County is willing to accept the permit subject to <br />the aforementioned condition and is willing to give the requested assurance; <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS -OF <br />INDIAN RIVER COUNTY, FLORIDA, that: <br />1. The County assures the DEP that the project will be conducted in <br />accordance with the test plan as approved by the DEP. <br />2. The County commits itself to removing the project, if required to, and <br />to restoring any damaged areas to pre -installation conditions, if <br />necessary, at the County's own expense. <br />3. The County agrees to hold the State of Florida and the DEP harmless from <br />any liability associated with this project, to the extent allowed by <br />Florida law. <br />The resolution was moved for adoption by Commissioner Mac h t <br />and the motion was seconded by Commissioner Eggert , and, upon being put <br />to a vote, the vote was as follows: <br />Chairman Fran B. Adams Aye <br />Vice Chairman Carolyn K. Eggert Aye <br />Commissioner Richard N. Bird Nay <br />Commissioner Kenneth R. Macht Aye <br />Commissioner John W. Tippin Aye <br />The Chairman thereupon declared the resolution duly passed and adopted <br />this 5 day of March , 1996. <br />st: <br />Jeffr Barton, Vrlerjk <br />March 5, 1996 <br />BOARD OF COUNTY COMMISSIONERS <br />INDIAN RIVER COUNTY, FLORIDA <br />By 1zzz9an&. 23o <br />Fran B. Adams <br />Chairman <br />34 BOOK 97 PAGE 458 <br />