Item V11
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20. 2002
Division:
County Administrator
Bulk Item: Yes ~ No
Department: County Administrator
AGENDA ITEM WORDING:
Authorization for the County Administrator to sign Policyholders' Release of all Claims of the County
and Hold Harmless Agreement from the Spiegel Grove sinking.
ITEM BACKGROUND:
See attached letter dated November 7, 2002 from James S. Lupino, Esquire of the Law Offices of
Hershoff, Lupino & Mulick, L.L.P.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
ST AFF RECOMMENDATIONS:
Approval.
TOTAL COST:
-0-
BUDGETED: Yes
No
COST TO COUNTY: -0-
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
DIVISION DIRECTOR APPROVAL:
OMB/Purchasing _ Risk Management _
~.Q,
::::,.,
James L. Roberts
APPROVED BY: County Arty _
DOCUMENT A TION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #~
ATIORNEYS AT LAw
JAY A. HERsHOFF
JAMES S. LuplNO
NICHOLAS W. MUUCK
KUJIT A. VON GoNTJ!N
JESSICA RonIENBERG
MICHELLI! D. YANCHULA
RusSJ!LL A. YAGJ!L
November 7,2002
Law Offices
Hershoff, Lupino "'''Mulick, L.1J,
90130 OLD HIGHWAY
TAVERNJJ!R, FWRlDA 33070
(305) 852-8440 . (305) 852-8848 FAX
LAND USI! COORDINATOR
P1rrER D, BACHIlLER
OF COUNSJ!L
J. Au.1SON DBFooR. n
James L. Roberts, County Administrator
Monroe County
1100 Simonton Street
Key West, FL 33040
Re: Spiegel Grove Release
Dear Mr. Roberts:
Enclosed please find a Release in favor of Ace USA, Inamar Underwriting Agency, Inc.,
Inamar Ocean Marine Insurance, Indemnity Insurance Company of North America, and
London & Norforlk, Ltd as given by County of Monroe c/o Key Largo Chamber of
Commerce, Key Largo Chamber of Commerce d/b/a! Upper Keys Artificial Reef
Coordinating Committee, Bay Bridge Enterprises, First State Bank, TIB Bank of the Keys,
Marad, U.S. Dept of Transportation, Maritime Office of Marine Insurance, and Fish &
Wildlife ConseIVation Commission, Division of Marine Fisheries. This Release is being sent
to you in conjunction with the settlement entered into by the Key Largo Chamber of
Commerce resulting from the navigational hazard caused by the premature sinking of the
Spiegel Grove. Inasmuch as you were named on the insurance policy to indemnify you from
any claimed losses resulting from such an incident, your execution of the Release is
necessary. You, of course, did not incur any loss as a result, as all losses were borne and all
expenses of salvage were incurred by the Key Largo Chamber of Commerce. Thus, these
monies are going to defray the cost of the said salvage operations.
We request that you sign this Release and return it to me as quickly as possible. If you have
any questions, please feel free to call.
ES S. LUPINO, ESQUIRE
S mdb
closure
POLICYHOLDERS' RELEASE OF ALL CLAIMS
AND HOLD HARMLESS AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
That COUNTY OF MONROE CIO KEY LARGO CHAMBER OF COMMERCE
("MONROE"); KEY LARGO CHAMBER OF COMMERCE ("KLCC"); KEY LARGO
CHAMBER OF COMMERCE D/BIA UPPER KEYS ARTIFICIAL REEF COORDINATING
COMMITTEE ("UKARCC"); BAY BRIDGE ENTERPRISES, L.L.C. ("BBE"); FIRST
STATE BANK ("FSB"); TIBB BANK OF THE KEYS ("TBK"); MARAD, U.S.
DEPARTMENT OF TRANSPORTATION, MARITIME OFFICE OF MARINE
INSURANCE e"lVIARAD"); and FISH & WILDLIFE CONSERVATION COMMISSION,
DIVISION OF MARINE FISHERIES ("FWCC"), the named insureds on the Marine Policy No.
HU 212490 and the Protection and Indemnity Policy number (HU 212481) issued for the vessel
known as the "USS SPEIGEL GROVE" (hereinafter referred to as "Re1easors"), in consideration
of One-Hundred Eighty-Five Thousand and 00/100 ($185,000.00) dollars in lawful money of the
United States of America, ($175,000 to the insureds, $10,000 for their counsel fees) to them in hand
paid by or on behalf of ACE USA, INAMAR UNDERWRITING AGENCY, INC., INAl\'IAR
OCEAN MARINE INSURANCE, INDEMNITY INSURANCE COMPANY OF NORTH
AMERICA, and LONDON & NORFOLK, LTD., their officers, directors, re-insurers, brokers,
agents, attorneys, adj usters, surveyors, representatives, successors and assigns, (hereinafter referred
to as "Releasees"), hereby release and forever discharge the Releasees, their heirs, executors,
administrators, successors and assigns of and from all manner of action and actions, cause and causes
Initials:
MONROE
KLCC
UKARCC
BBE
FSB
TBK
MARAD
FWCC
10f8
Policyholder's Release of all Claims
and Hold Harmless Agreement
of action, suits, debts, sums of money, accounts, bills, contracts, controversies, agreements,
promises, damages, judgments, executions, claims and demands whatsoever, in law, in equity or in
Admiralty, which the Releasors ever had, now have or which their heirs, executors, administrators,
successors and assigns hereinafter can, shall or may have, including any and all actions, causes of
action, damages, claims or demands ofwhatever nature against Releasees which relate to and/or arise
from the sinking of the USS SPIEGEL GROVE, preparations of whatsoever nature incident to the
project to sink the USS SPIEGEL GROVE to create an artificial reef/dive site, salvage efforts,
efforts to refloat the USS SPIEGEL GROVE, efforts to remove the vessel as an obstruction to
navigation; any and all expenses incurred to comply with any directive from any source regarding
the USS SPIEGEL GROVE, and any and all expenses or damages of whatsoever other nature
incurred or sustained relating to the project of sinking the vessel "USS SPIEGEL GROVE" at Key
Largo Florida.
IT IS FURTHER ACKNOWLEDGED that payment of the aforementioned funds in the
amount of $185,000.00 ($175,000 to the insureds, $10,000 for their counsel fees) totally and
completely discharges the Releasees from any obligation under the aforementioned policies,
including, but not limited to, payment for sue and labor expenses, salvage expenses, repairs costs,
storage fees, hull and machinery damage, and any and all interest and attorney's fees that may have
been incurred as a result of the subject claim and litigation which might have been initiated.
Initials:
MONROE
KLCC
UKARCC
BBE
FSB
TBK
MARAD
FWCC
20f8
Policyholder's Release of all Claims
and Hold Harmless Agreement
IN FURTHER CONSIDERATION of such payment, Releasors hereby represent and
warrant to each Releasee that they agree to indemnify each of them and to hold each of them
harmless against any and all actions, causes of action, damages, claims or demands of whatever
nature asserted by any other party or entity arising from the subject claims, vessel damage and/or
repairs, including but not limited to Resolve Marine Group, Inc., Resolve Marine Services, Inc.,
Resolve Towing & Salvage, Inc., Hutchings & Sons, Blackbeard Marine Towing, Tow Boat D.S"
Smith Maritime, Ocean Towing Corporation, as well as any other third party who may have a claim
and/or lien for services, repairs, necessaries or other materials provided to the Releasors and/or the
vessel "USS SPIEGEL GROVE" as a result of the subject claim, and from all damages, costs and
expenses including, but not limited to, attorney's fees and costs which the Releasees herein may bear
and incur by reasons thereof.
IT IS FURTHER ACKNOWLEDGED that we, the authorized representatives of
COUNTY OF MONROE C/O KEY LARGO CHAMBER OF COMMERCE ("MONROE:);
KEY LARGO CHAMBER OF COMMERCE ("KLCC"); KEY LARGO CHAMBER OF
COMMERCE D/B/A UPPER KEYS ARTIFICIAL REEF COORDINATING COMMITTEE
("UKARCC"); BAY BRIDGE ENTERPRISES, L.L.C. ("BBE"); FIRST STATE BANK
("FSB"); TIBB BANK OF THE KEYS ("TBK"); MARAD, U.S. DEPARTMENT OF
TRANSPORT A TION, MARITIME OFFICE OF MARINE INSURANCE ("MARAD"); and
FISH & WILDLIFE CONSERVATION COMMISSION, DIVISION OF MARINE
Initials:
MONROE
KLCC
UKARCC
BBE
FSB
TBK
MARAD
FWCC
3of8
Policyholder's Release of all Claims
and Hold Harmless Agreement
FISHERIES ("FWCC"), have read this release and hold harmless agreement and we know and
understand the full contents and effect of it, each of us are duly authorized to execute this Release
and bind our respective organization, and we fully and knowingly contract with the Releasees, in our
capacity as the named insureds, to release them from any and all claims, damages, judgments, costs
and demands, as set forth above, and that we have been fully and independently advised by our own
counsel regarding the effect of this release and hold harmless agreement.
WE FURTHER AUTHORIZE payment of the settlement funds by check(s) made payable
to "Hershoff, Lupino and Mulick Trust Account" and authorize delivery of such check(s) to James
Lupino, Esq. to hold in trust until the original ofthis Release is executed by all contemplated parties,
the original executed Release is furnished to David J. Horr, Esq. (counsel for Releasees) and written
authorization is furnished by Mr. Horr to Mr. Lupino to release the settlement proceeds.
IN WITNESS WHEREOF, the Releasors intending to be legally bound, have hereby
executed this Release on this
day of
2002.
SIGNED, SEALED AND DELIVERED IN PRESENCE OF:
WITNESS
As Authorized Representative of
COUNTY OF MONROE C/O KEY
LARGO CHAMBER OF COMMERCE
WITNESS
STATE OF
)
) SS:
)
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
who is personally known to me or who has produced
identification.
as
SWORN TO AND SUBSCRIBED before me this _ day of
,2002.
40f8
Policyholder's Release of all Claims
and Hold Harmless Agreement
Seal:
(sign)
NOTARY PUBLIC,
State of
at Large
WITNESS
As Authorized Representative of
KEY LARGO CHAMBER OF COMMERCE
WITNESS
STATE OF
)
) SS:
)
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
who is personally known to me or who has produced
identification.
as
SWORN TO AND SUBSCRIBED before me this _ day of
,2002.
Seal:
(sign)
NOTARY PUBLIC,
State of
at Large
As Authorized Representative of
KEY LARGO CHAMBER OF COMMERCE
DIBI A UPPER KEYS ARTIFICIAL REEF
COORDINATING COMMITTEE
WITNESS
WITNESS
STATE OF
)
) SS:
)
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
who is personally known to me or who has produced
identification.
as
SWORN TO AND SUBSCRIBED before me this _ day of
,2002,
Seal:
(sign)
NOT ARY PUBLIC,
State of
at Large
5of8
Policyholder's Release of all Claims
and Hold Harmless Agreement
WITNESS
As Authorized Representative of BAY
BRIDGE ENTERPRISES, L.L.c.
WITNESS
STATE OF
)
) SS:
)
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
who is personally known to me or who has produced
identification.
as
SWORN TO AND SUBSCRIBED before me this _ day of
,2002.
Seal:
(sign)
NOTARY PUBLIC,
State of
at Large
WITNESS
As Authorized Representative of FIRST
STATE BANK
WITNESS
STATE OF
)
) SS:
)
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
who is personally known to me or who has produced
identification.
as
SWORN TO AND SUBSCRIBED before me this _ day of
,2002.
60fS
Policyholder's Release of all Claims
and Hold Harmless Agreement
Seal:
(sign)
NOTARY PUBLIC,
State of
at Large
WITNESS
As Authorized Representative of TIBB
BANK OF THE KEYS
WITNESS
COUNTY OF
)
) SS:
)
STATE OF
BEFORE ME, the undersigned authority, personally appeared
who is personally known to me or who has produced
identification.
as
SWORN TO AND SUBSCRIBED before me this _ day of
,2002.
Seal:
(sign)
NOTARY PUBLIC,
State of
at Large
As Authorized Representative of
MARAD, u.s. DEPARTMENT OF
TRANSPORTATION, MARITIME
OFFICE OF MARINE INSURANCE
WITNESS
WITNESS
STATE OF
)
) SS:
)
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
who is personally known to me or who has produced
identification.
as
SWORN TO AND SUBSCRIBED before me this _ day of
,2002.
70f8
Policyholder's Release of all Claims
and Hold Harmless Agreement
Seal:
(sign)
NOTARY PUBLIC,
State of
at Large
As Authorized Representative of
FISH & WILDLIFE CONSERVATION
COMMISSION, DIVISION OF MARINE
FISHERIES
WITNESS
WITNESS
STATE OF
)
) SS:
)
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared
who is personally known to me or who has produced
identification.
as
SWORN TO AND SUBSCRIBED before me this
day of
,2002.
Seal:
(sign)
NOTARY PUBLIC,
State of
at Large
80r8