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I„ 1 2/28/96(reso\dep)Vk RESOLUTION NO. 96- 32 A RESOLUTION 01 INDIAN RIVER COUNTY, FLORIDA, TO THE STATE OF FLORIDA, DEPARTMENT OF ENVI=RONMENTAL PROTECTION GIVING ASSURANCES THAT THE SUBMERGED OFF -SHORE BREAKWATER PROJECT (PEP REEF) WILL BE CONDUCTED IN ACCORDANCE WITH THE TEST PLAN. WHEREAS, on June 21, 1995, Permit No. DBS -9A-0342 was approved by the Department of Environmental Protection (DEP); and WHEREAS, this permit allows Indian River County to construct a submerged, off -shore breakwater, i.e., the PEP Reef, in certain coastal areas of Indian River County; and WHEREAS, the permit is subject to some 18 conditions established by the DEP; and WHEREAS, condition N2 of the permit, subsection 2.2, is a requirement that the County give written assurance, inter e;lia, that the project will be conducted in accordance with the permit and plan as approved by the DEP; and WHEREAS, Indian River County is willing to accept the permit subject to the aforementioned condition and is willing to give the requested assurance; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County assures the DEP that the project will be conducted in accordance with the test plan as approved by the DEP. 2. The County commits itself to removing the project, if required to, and to restoring any damaged areae to pre -installation conditions, if necessary, at the County's own expense. 3. The County agrees to hold the State of Florida and the DEP harmless from any liability associated with this project, to the extent allowed by Florida law. The resolution was moved for adoption by Commissioner MaCht and the motion was seconded by Commissioner Egg ert , and, upon being put to a vote, the vote was as follows: Chairman Fran B. Adams Aye Vice Chairman Carolyn K. Eggert Aye Commissioner Richard N. Bird Nay Commissioner Kenneth R. Macht Aye Commissioner John W. Tippin Aye (page one of two)