Resolution 112-1983
RESOLUTION NO. 112 -1983
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE AN INDEMNIFICATION AND HOLD HARMLESS AGREE-
MENT BY AND BETWEEN MONROE COUNTY, FLORIDA, GANGL Y
PROPERTIES, INC., AND UPPER KEYS MARINE, INC. WITH
REGARD TO THE CONSTRUCTION OF DUCK KEY BRIDGE #4.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commissioners
of Monroe County, Florida is hereby authorized to execute an Indemni-
fication and Hold Harmless Agreement by and between Monroe County,
Florida, Gangly Properties, Inc., and Upper Keys Marine, Inc. a copy
of same being attached hereto, with regard to the construction of
Duck Key Bridge #4.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the 15th day of April, A.D. 1983.
(Seal)
BOARD OF COUNTY COMMISSIONERS
OF rONROE COUNTY, FLORIDA
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By [!
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D Alp!JI ur l~"'~ITE'" CLPUK,
Attest:. ~ II n.O'~i.., ...u
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C erk
APPROVED AS TO FORM
'D :AL SUFFICIENCY.
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BY ~ ..~_- _
Attorney'. OUice
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT entered into by and between Monroe County,
Florida, party of the first part, Gangley Properties, Inc., party
of the second part, and Upper Keys Marine, Inc., party of the
third part, now:
WIT N E SSE T H
WHEREAS, that the party of the first part has asked the party
of the second and third part to enter into an agreement concerning
an aerial easement across that property described as Lot 38 & 38A,
Harbor Island, Duck Key, amended plat of Harbor Island, Monroe
County, Florida, for the purpose of completing Duck Key Bridge #4,
and
WHEREAS, the party of the second part does wish to cooperate
with the party of the first part in facilitating the construction
of said bridge, and
WHEREAS, the party of the second part has been asked to enter
into an AERIAL EASEMENT AGREEMENT with the party of the first part,
and in so doing, the parties do desire to protect completely the
party of the second, and
WHEREAS, it has been brought to the attention of the party of
the first part and the party of the third part that certain parts
of the aforementioned lots are now being used for storage and for
the use of heavy equipment and that therefore, the party of the
first part joins together with the party of third part, and agrees
that said use should be indenmified and that the party of the second
part should be protected completely from any harm or damages done
to said property because of the use of the aerial easement or for
the use of storage of equipment or materials in the furthering of
construction of said bridge.
FOR AND IN CONSIDERATION of Ten Dollars paid by the party of
the first part and party of the third part to the party of the second
part, the parties of the first part and third part agree as follows:
(1) That the aforesaid parties of the first part and the
third part, Monroe County, Florida, and Upper Keys Marine, Inc.,
do hereby hold harmless the party of the second part from and and
all liability whatsoever, whether it be personal or otherwise, for
the use of said property as per the AERIAL EASEMENT heretofore
referred to.
(2) That said HOLD HARMLESS AGREEMENT entered into by the
parties hereto, does include any personal liability for injury or
harm done to anyone or their property on said lands during the time
that said Aerial Easement is enforced and being utilized by the
County.
(3) That the party of the first part and party of the third
part agrees with the part of the second part, that in the event
that any litigation against said party of the second part arlses
because of the use of said property for either the aerial easement
or for the storage of equipment and/or materials, that said action
will be defended by the party of the first part and the party of
the third part at no expense to the party of the second part.
(4) That at the conclusion of the construction of the Duck
Key Bridge #4, the party of the first part and party of the third
part do agree that said property shall be restored to the condition
that it was in prior to the granting of the easement right for the
use of said property ln any fashion by the contractor or his agents
in the construction of the Duck Key Bridge #4.
IN WITNESS WHEREOF, we have affixed our hands and seals on
this 15th day of
April
, A.D. 1983.
By
M C airman 0 t e oar
of County Commissioners of
Monroe County, Florida
(S EAL)
Attest: "-K
,I ,'If V': ". . t,
RxLPH u. ~~. ClLR
~,' ~. r~,O.t.
ler
;.
(SEAL)
Attest:
Secretary
( SEA L)
Attest:
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Secrfttary ;/
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GANGLEY PROPERTIES, INC.
By
President
UPPER KEYS MARINE, INC.
BY/?-
President
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