HomeMy WebLinkAbout1982-084RESOLUTION NO. 82- 84
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE
ACCEPTANCE AND APPROVAL OF AN INDEMNIFICATION
AGRE-PNENT FOR CERTAIN ENCROACHMENTS WITHIN THE
COONTY RIGHT-OF-WAY FOR IST STREET S.W.
WHEREAS, during the improvement of. 1st Street S.W., the
County Engineer discovered that there presently exist certain
encroachments within a portion of the right-of-way dedicated
previously to the County by the developer of the Bobbi "J"
Subdivision; and
WHEREAS, upon request by the County, the encroachments
have been removed by the owner, with the exception of a portion of
a concrete archway and driveway structure, three domesticated
trees, and a sprinkler fixture, none of which appear to present a
major hazard to right-of-way users; and
WHEREAS, to effectively reduce any remaining potential
liability to the County for permitting the remaining obstructions,
the owner has executed the attached indemnity agreement and has
obtained insurance coverage to support his promise of indemnity;
and
WHEREAS, the removal of the major obstructions together
with indemnification by the owner for those remaining is a reason-
able solution to the matter at hand.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the foregoing
recitals are ratified and affirmed, and the Chairman and Clerk are
authorized to execute the attached indemnification agreement and
have same filed with the Clerk of the Board.
The foregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was
seconded by Commissioner Bird and, upon being put to a
vote, the vote was as follows:
Chairman Don C. Scurlock, Jr. Aye
Vice -Chairman A. Grover Fletcher Aye
Commissioner Patrick B. Lyons Aye
Commissioner William C. Wodtke, Jr. Aye
Commissioner Dick Bird Aye
The Chairman thereupon declared the resolution duly
Be
passed and adopted this 1st day of September, 1982.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY C
DON C. ScuR 01U, JR.
Chairman 1!
Attest:.,+GQ,
FREDA WRIGHT. Cl k
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AP4Assist
TO'.ORM ��ANF . IENC�By
R AULLCounty Attorney
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�lYF}j BOARD OF COUNTY COMMISSIONERS GARY M, BRANDENBURG
1840 25th Street, Vero Beach, Florida 32950 County Attorney
* (305) 567-6000
Board of County Commissioners
1840 25th Street
Vero Beach, Florida 32960
Re: Indemnification of Indian River County for
Right -of -Way Encroachments
Gentlemen:
We, William B. Herrick and Minerva T. Herrick, his spouse, are the
owners of Lot 1, Bobbi "J" Subdivision, Plat Book 9, Page 13,
Public Records of Indian River County, Florida, also known as 3620
l.st Street S.W., Vero Beach, Florida. Over the years in the
development of our lot, certain encroachments onto the adjacent
County right-of-way occurred and presently exist. These
encroachments are indicated in the attached drawing and include a
concrete archway, a portion of a concrete driveway, two citrus
trees, a palm tree, and a sprinkler pipe.
I.n consideration of the County's allowing the above encroachments
to remain in the right-of-way for our enjoyment, we hereby agree
to indemnify, hold harmless, and defend on behalf of the County,
against any and all claiiits Lor injury or LOSS to property,
persons, or life, which are alleged to have resulted from the
existence of said encroachments within the right -of. -way.
We further agree to maintain .liability insurance coverage against
this risk in the amount of $100,000 per claimant/$300,000 per
occurrence, and to name Indian River County as payee or co-insured
on said policy. Evidence of coverage in the form of a certificate
of insurance shall be presented to the County within twenty days
of the date of this letter. We shall also have our insurance
company provide the County with thirty days notice prior to any
termination of the policy so that necessary adjustments can be
made.
In witness whereof, we have placed our signatures this I ,day
of 1982. l
Wi ess WILLIAM B. HERRICK
7�,ACCEPTED BY
BOARD OF COUNTY COMMISSI NERS W17RVA T. HE-16I_�7 -- ---
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DON SCURIOC ,J..; airman
Attest:
Fit— ED WRIGH,r, Cle
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CERTIFICATE OF INSURANCE
BLOOMINGTON, ILLINOIS
This is to certify that the Company indicated above has the following insurance in force:
POLICY MORTGAGEE
POLICY EXPIRATION LOAN NUMBER
NUMBER_ 79-0394907-0 _DATE 8 /2,183—(IF APPLICABLE)
NAME AND ADDRESS OF PARTY TO WHOM NAME AND ADDRESS OF
CERTIFICATE IS ISSUED OTHER INTERESTED PARTY
F 7 r
Board of County Commissioners ADDITIONAL INSURED:
of Indian River County Indian River County
1840 25th Street 1840 25th Street
Vero Beach, F1 32960 Vero Beach, F1 32960
L J L J
LOCATION OF UNIT (IF DIFFERENT THAN SHOWN ABOVE)
NAMEOF William B. & Minerva Herrick
INSURED
(ASSOCIATION)
ADDRESS P.O. Box 6501 Vero Beach, F1 32960 _
LOCATION OF PREMISES: (IF DIFFERENT THAN SHOWN ABOVE)
No.1 3620 1st Street, S.W., Vero Beach, F1 32960
No. 2
No. 3
No. 4
Premises described above and with respect to those coverages and kindsof property for which a specific limit of liability is shown below ar,
subject to all of the terms of the original policy available at the Office of the AssociationorNamedlnsured including forms and endorsement
made a part thereof:
--- __--- Ll LIABILITY —
COVERAGE_ eiag I cI coy _ emv.nLota No_ .PPuc.+utc
A. Budding(s) ' xyu,uuu
SECTION B.Pe""'Property --------S-70,000-S -- ---$$- ---- -
I Add!. Cov- (Specify by Narne)
PROPERTY S 5 3 S
COVERAGE -- ------ $ ---- — S -- S ----- S
--
3--
SECTION - COVERAGE - LIMIT OF LIABILITY-
_— S300,00.0_ aggrege�
C Bodily nd Persoal Inl iy and P ope ty D mye L at Iny $300,000 each -occurrence
D. Premises Medical Payments $
each Verson S ' each acC rdent
LIABILITY - - ---- OIIO---- ---
COVERAGE
THIS CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE A . ! { 1 Y NOR
NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE AFFORDED BY THE Pp ��+�••r�
. rh (,rice Insurance Agency, Inc.
Smile A. Oak Plaza
Vcm tie,ich. t of ida 32tki(1
11hnne U11. ;tLYt :kl-I1lM,
Agent -_ State Farm 8/20/82
Sipnaturx of Auth—iz.d Ypr►santative Tith• Dete - - -
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