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-
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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:- -
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"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
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- ~i _ J
.~~
Attest: ~''_.~~=_.~
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