HomeMy WebLinkAboutRes 1967-306 Authorizing Mayor and Village Clerk to Enter into Indemnity Agreement with NPB Utilities Inc. concerning 10 inch water main over Earman River•
RESOLUTION NO. 306-67
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN INDEMNITY AGREEMENT WITH NORTH PALM BEACH
UTILITIES, INC., A FLORIDA CORPORATION, GIVING THE UTILITY COMPANY THE POWER TO EXERCISE
ALL RIGHTS AND PRIVILEGES CONCERNING A TEN INCH WATER MAIN OVER THE EARMAN RIVER ON
STATE ROAD NO. 5, AND IMPOSING UPON IT ALL THE RESPONSIBILITIES UNDER A PERMIT GRANTED
BY THE STATE ROAD DEPARTMENT TO COMPLY WITH REQUIREMENTS OF THE STATE ROAD DEPARTMENT
PERMIT. -
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
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Section 1. The Mayor and the Village Clerk be, and they are hereby, authorized
to sign Indemnity Agreement attached hereto as Exhibit A on behalf of the Village of
North Palm Beach, granting to North Palm Beach Utilities, Inc., a. Florida. corporation,
the right and privilege to exercise all the powers granted by a. permit covering the
construction, operation and maintenance of a ten inch diameter water main and other
appurtenances across the Earman River on State Road No. 5 which was granted by the
State Road Department of Florida, and imposing upon North Palm Beach Utilities, Inc.,
a Florida corporation, the duty to discharge all responsibilities imposed upon the Village
of North Palm Beach by the State Road Department in the permit referred to above.
Section 2. The Village Clerk is hereby authorized to affix the Village Seal
to said Indemnity Agreement.
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ATTEST:
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PASSED AND ADOPTED THIS 25 DAY OF APRIL, 1967.
Village Clerk
MAYOR
t-1.9i0 /7' 4
INDEMNITY AGREEMENT
THIS AGREEMENT, made and entered into this day of
.f , 1967, between the VILLAGE OF NORTH PALM BEACH,
+'FLORIDA, a Florida municipal corporation, and NORTH PALM BEACH
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UTILITIES, INC., a -Florida corporation.
WHEREFORE, in consideration of the sum of Ten Dollars
and other good and valuable consideration the receipt and
sufficiency whereof are hereby acknowledged, the parties hereto
stipulate that the VILLAGE OF NORTH PALM BEACH, FLORIDA, is the
holder of a permit issued by the State Road Department of Florida
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dated the / day of /07 Q.(//c/Y , 1967, granting an applica-
tion to the VILLAGE OF NORTH PALM BEACH, FLORIDA, to construct,
operate and maintaina ten inch diameter water main and other
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appurtenances across the Earman River on State Road No. 5, located
in Palm Beach County, Florida.
IT IS FURTHER ACKNOWLEDGED that NORTH PALM BEACH_
UTILITIES, INC. shall have the right to exercise all of the__rigpts
and privileges and the duty to discharge all of the responsibili-
ties contemplated by the above permit, except as this may be
modified in writing executed by both parties, and that in further
consideration thereof NORTH PALM BEACH UTILITIES, INC. stipulates
and agrees as follows:
To indemnify and save harmless the VILLAGE OF NORTH
PALM BEACH, FLORIDA,
might suffer or incur due.to NORTH PALM BEACH UTILITIES, INC.
exercising any of the rights and privileges granted by said
permit. This indemnification shall include any loss or_damage
'whatsoever incurred by__operation of the following Paragraphs 7,
.10, 13 and 14 contained inthe_above described permit. Said
from any loss or damage whatsoever which it
paragraphs are as follows:
"7. Any and all damage or injury, done or caused_
said highway or any portion thereof in the
construction, operation, maintenance or repair
of -said facility shall be immediately repaired
and reconstructed under the supervision and to
the satisfaction of the State Highway Engineer;
and in the event the holder shall fail, neglect,
or refuse to repair and reconstruct said
damage or injury to said -highway immediately,
the same may be done by the State and the -----
expense and cost thereof shall immediately be
repaid by the holder to the State.
10. Whenever necessary for the construction,
repair, improvement, alteration -or -relocation of all, or_any portion of said highway as de- -
termined by the State Highway Engineer, any'
or all of said poles, wires, pipes, cables or
other facilities and appurtenances authorized
hereunder, shall be immediately removed froth_ said highway, or reset or relocated thereon-_
as required by the State Highway Engineer;= -
and at the expense of the holder. -
13. It is understood and agreed that the rights_ -
and privileges herein set out are granted -
only to the extent of the state's right,
title and interest in the land to be entered
upon and used by the holder, and the holder= -
will, at all times, assume all risk of and__
indemnify and save harmless the State of
Florida and the Department from and against —:any and all loss, damage, cost or expense - -
arising in any manner on account of the -
exercise or attempted exercise by -said holder
of the aforesaid rights and privileges.
14. The holder shall save and keep the State of -
Florida harmless from any and all damages -,"claims,
or injuries that may occur by reason of the - -
construction, maintenance and -operation of
said facility."
IN WITNESS WHEREOF, the parties hereto have executed
this agreement the day and year first above written.
(Village Seal)
ATTEST:
II
VILLAGE OF NORTH PALM BEACH, FLORIDA
BY
Its' Mayor
WITNESSES:
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5 V
NORTH3Ath BE}1'CH UTILITIES '-INC. (SEAL'',
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Attest:
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