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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 N0. 306-67 i 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 CQNCERNING A TEN INCH WATER MAIN OVER THE EARMAN RIVER ON STATE ROAD N0. 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: i~1 Section 1. The Mayor and the Village Clerk be, and they a.re hereby, authorized to sign Indemnity Agreement a.tta.ched hereto a.s Exhibit A on behalf o£ 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 Ea.rman River on State Road No. 5 which was granted by-the State Road Department of Florida., a:nd imposing upon North Palm Beach Utilities, Inc., a Florida. corporation, the duty to discharge a.11 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 Vi1la.ge Seal to said Indemnity Agreement. PASSED AND ADOPTED THIS 25 DAY OF APRIL, 1967. n LJ MAYOR ATTEST: Vi1la.ge Clerk L .~ ~ ~ _~ __ ~~ INDEMNITY' AGREEMENT __ _ THIS AGREEMENT, made and entered into this .~~ .day of I! `~ ~ ~'h (;~ 1967 , between the VILLAGE OF NORTH PALM BEACH, FLORIDA, a I'1ori.da municipal corporation, and NOP.TH PALM BEACH UTILITIES INC., a Florida corporation: WI3EREFORE, in consideration of the sum of Ten Do11a=s and other good and valuable consideration the receipt and su#ficiency whereof are hereby acknowledged, the parties hereto stipulate that the VILLAGE OF IJORTH PALM BEACH, FLORIDA, is the holder of a permit issued by the State Road Department of Florida, dated the ~ day of ~ , 1967, granting an applica- tion to the VILLAGE OF NORTH PALM BEACH, FLORIDA, 'to construct, operate and maintain a ten inc:z diameter water main and_Qther appurtenances across the Earman_River on State Road No. 5, located in Palm Beach County, Florida. IT IS FURTHER ACKNOWLEDGED,that NORTH PALP1 BEACN_ UTILITIESt INC, shall have the right to exercise, all_of the__rig~itsl and privileges and the duty to discharge all o£ 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: 1~ To indemnify and save-harmless the VILLAGE, OF NORTH (PALM BEACH, FLORIDA, from any loss or damage whatsoever which it might suffer or incur due.to NORTH P~LM.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, ;1U, 13 and 14 contained in_thF_above described permit. Said paragraphs are as_follows:- - r ~- "7. Any and all damage or injury, done or ca~ased_. 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, alter atiori or_"relocation'_ of a11, or_.any portion of said highway as de- termined by ahe State Highway Engineer, any" or all of said poles, wires, pipes, cables or other facilities and appurtenances authorized hereunder, shall be immediately removed from _ - said highway, or reset .or relocated thereon- _ as-required by t72e State Highway Engineer= and at the expense o£ 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. iri 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-T°` arising in any manner on account of the ._ exercise or attempted-exercise by said holder. of the aforesaid rights and pr ivileges._ , 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 off - said facility." IN WITNESS WHEREOF, the parties her et o_. have executed .this agreement the day and year -first above written. (Village Seal) ATTEST- VILLAGE OF NORTH PALM BEACH,. FLORIDA i Its Mayor --,a ,a: t. ~-Wi=t =~;~,~::.,. ~..,, • :s:., -:: . -. - WITN~E,S(~SES: ~' ~ `~ `i1 -, ~-,o r I ^~-~" 1 SC_\I Z~ L"_. B CIi UTILITIES,'-INC. (S ?. i.~ / - ~i _ J .~~ Attest: ~''_.~~=_.~ -3- -