HomeMy WebLinkAboutAgreementHOLD HARMLESS AND INDEMNIFICATION
UNITED CHURCH OF SEBASTIAN hereby accepts ownership of the special needs swing
set and playground equipment described in the City of Sebastian Resolution R-16-32, and
accepts all responsibility for its removal from city property, its transportation, installation at a
site chosen by the Church, and the equipment's future use.
UNITED CHURCH OF SEBASTIAN does hereby defend, indemnify and hold harmless the
City and its council members, officers, employees and agents, from any and all losses,
damages, expenses (including attorney's fees and costs) and other liabilities of any type
whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract,
or breach of applicable law by the Church, its employees, agents, subcontractors, or other
persons or entities incident to the removal, transportation, installation and future use of the
special needs swing set and playground equipment identified in City of Sebastian Resolution
R-16-32.
Witness:
STATE OF FLORIDA
United Church of Sebastian
Date: c?ll-? f/7
COUNTY OF: Indian River County
I hereby certify that on this I S day of TQ jb 2017 personally appeared
�ay t H (i1ASLh h pt^ who ispersonally known to me or has D L
produced identification. Type of identification produced: L D L
and,w4o executed the for oing document
Official Signje of Notary Public
ME:]
Y IANUNAswnWFF962766 Febmary 21.2020 ThvTmyFain lnsurance800385.7019
Notary Seal
RESOLUTION NO. R-16-32
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, DECLARING CERTAIN PERSONAL PROPERTY
(SPECIAL NEEDS SWING SET AND PLAYGROUND EQUIPMENT)
SURPLUS; ESTABLISHING THE VALUE OF SUCH PROPERTY, AND
AUTHORIZING THE DONATION THEREOF TO THE UNITED
CHURCH OF SEBASTIAN WITH CONDITIONS; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City owns certain personal property — a special needs swing set and
playground equipment - currently installed with Friendship Park in the immediate vicinity of the
Sebastian Police Department Building, in, and
WHEREAS, the City plans additional improvements to Police Department which will
utilize the special needs park property, and
WHEREAS, the City Manager does not recommend the relocation of such personal
property to another location due to its age and physical condition;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, as follows:
SECTION 1. The City Council of the City of Sebastian hereby declares the special
needs swing set and playground equipment, located in Friendship Park, see attached, to be
surplus personal property of the City.
SECTION 2. The City Council hereby determines that such personal property has no
monetary value.
SECTION 3. The City has received a request from the United Church of Sebastian to
donate such personal property to the church.
SECTION 4. The City Council hereby authorizes the City Manager to donate the
subject personal property to the United Church of Sebastian upon the following conditions:
1. The United Church of Sebastian accepts ownership of surplus personal
property and contemporarily indemnifies the City with regard to its removal,
transportation, installation and use in a manner acceptable to the City Attorney, and
2. The United Church of Sebastian physically removes such personal property
from Friendship Park on or before February 1, 2017, or such later date as may be
authorized in writing by the City Manager.
SECTION 5. In the event the foregoing provisions of Section 4 of this Resolution are not
fulfilled in accordance with their terms, this Resolution shall be deemed rescinded.
SECTION 6. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
SECTION 7. EFFECTIVE DATE. This Resolution shall take effect upon its adoption.
The foregoing Resolution was passed for adoption by Council Member
Cov , was seconded by Council Member McPartlan and upon being put to
a vote, the vote was as follows:
Mayor McPartlan
Vice Mayor Coy aye
Councilmember _Dodd aye
Councilmember Hill aye
Councilmember Kinchen aye
The Mayor thereupon declared this Resolution duly passed and adopted this 23rd day of
November , 2016.
CITY OF SEBASTIAN,L/
By. ��
Bob McPartlan, Mayor
ATTEST:
'2ottt( W�
V46.� nette Williams, MMC
y Clerk
Approved as to Form and Content for
Rel�nce by the City of Sebastian Only:
Robert A. Ginsburg, tity Attorney
Friendship Park
Sebastian, Florida
Mulch
Fall
Zone
Platform
NOTES:
1.) Rubber Surface to butt to existing sidewalk.
2.) 12" Plastic Borders to have 6" reveal.
3.) Taper where mulch to Rubber Surface.
Tot Beit
Seat Seat
EPDM Pour In Place
Rubber Surfacing
Plastic Borders
Seat
5 Ft. 10 Ft. 20 Ft.
27'-5"
Friendship Park
Sebastian, Florida
37'-4"
Double Slide
(SLO-013) Pipe Panel
Mahon Play
(PPR-KO07)
Arched Clbnber
a. (CLM-003)
PDP Sotety
Step & Stairs EPDM Pwr In Place J
(CLM-010) Rubber Surluang
- we'll Slide
Jb a3 si - ---`� (SLD -G007)
Elba. Slide Pommel Climber
(SLD-KOOI) (CLU -031) Arched Cham
Climber
(CLU -00s)
z
0
s
Dwble Arch Root
(ROOF -010-7)
Colors:
Posts---- Green
Decks---- Green
Roofs---- Blue w/Yellow
Slides -----Red
Panels---- Yellow
Climbers ---Blue
Structure
(25'-4"x15'-6")
Fall
Zone
(37'-4"x27'-6")
Max.
Fall
Height (51")
Fall
Zone
(Surface Area)
935
Sq.
Ft. As Shown
For
Ages
2-12
Capacity
28 Children
Vr iorldship Parr k
seba,tiall. Florida
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