HomeMy WebLinkAboutEXECUTIVE ORDER 04-02
Executive Order No. 04-02
WHEREAS, the clam farming industry plays an important role in Sebastian's economic
vitality; and
WHEREAS, the hurricanes have caused extensive damage to the infrastructure utilized
for clam farming operations within the City; and
WHEREAS, cooperation between government and our local commercial interests is
important in the recovery process for our community;
ACCORDINGLY, under the authority vested in me as City Manager under the existing
State of Emergency Operations, I issue the following Executive Order:
1. The Riverview Park Twin Piers shall be available for mooring of clam fanning
vessels by special permit only under the following limited circumstance and only upon
satisfaction of all conditions set forth herein:
a. The permit granting a right to launch shall be limited to members of the clam farming
industry operating within the community as of September 1,2004.
b. The permit applicant must supply proof of either Sebastian residency or a valid City of
Sebastian occupational license for the business.
c. The permit applicant must execute the Waiver, Release, Assumption of Risk and
Indemnification Agreement attached hereto as Exhibit "A".
2. A permit holder shall obey all lawful orders of City personnel in use of the facility
and shall display the permit on the vessel at all times.
3. This permit may be revoked if the City Manager in his sole discretion determines that
it is in the public interest. Nothing herein shall establish a vested right to the use of the facilities.
4. Absent revocation by the City Manager, a permit issued hereunder shall be valid for a
three-month period, subject to renewal.
ORDERED this ,II d-- day of October, 2004.
ATrES~AL):
BY:~~.O Yr;~ "
Sally A Mai~
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
j~,c::~
WAIVER, RELEASE, ASSUMPTION OF RISK AND
INDEMNlFICA nON AGREEMENT
IN AND FOR CONSIDERATION of acceptance of an application for a Special Permit
for the temporary aquaculture operations from City facilities, the sufficiency of which is
acknowledged by the parties, the Undersigned hereby waives any and all duties the CITY OF
SEBASTIAN may have at law or equity to protect the Undersigned from hazardous conditions at
the City's Riverview Park Twin Piers and its related facilities and, further, the Undersigned
hereby releases the City from any and all claims of any nature whatsoever relating to use of City
facilities pursuant to the above-mentioned Special Permit.
The Undersigned recognizes the existence of hazardous or potentially hazardous
conditions resulting from recent hurricanes at said facilities and that said facilities were not
designed with .this use in mind but, with full cogni7,ance of the danger presented by these
conditions, does willfully assume the risk of use thereof, and shall indemnify, defend and hold
CITY harmless from any claims relating thereto.
AGREED TO this _ day of October, 2004.
Applicant
STATE OF FLORIDA,
COUNTY OF INDIAN RIVER
SUBSCRIBED BEFORE ME, an officer duly authorized in the State aforesaid and in the
County aforesaid to take acknowledgment, by who is
personally known to me or who presented as
identification this _ day of October, 2004.
Notary Public
State of Florida
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