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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