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HomeMy WebLinkAbout2014 - Hold Harmless Agreementa CR OF SE§AS HOME OF PELICAN ISLAND OFFICE OF THE CITY MANAGER 1225 MAIN STREET — SEBASTIAN, FL 32958 PHONE 772 - 388 -8200 — FAX 772 -581 -0149 j iffin@cityofsebastian.ore — www.cityofsebastian.org Indemnification and Hold Harmless Agreement Assumption of Risk Waiver THIS AGREEMENT entered into this 2ND day of June 2014, between The CITY OF SEBASTIAN (City) whose address is: 1225 Main Street, Sebastian, FL 32958, a Florida municipal corporation, and FISHERMAN'S LANDING SEBASTIAN, INC. (FLS), a non - profit corporation organized under the laws of the State of Florida whose address is: PO Box 782038, Sebastian, FL 32958 -2038, and provides that: IN AND FOR CONSIDERATION of the exchange of mutual promises set forth herein, the sufficiency of said consideration being hereby acknowledged, it is agreed as follows: 1. It is the desire of both parties that FLS shall conduct the limited Demolition (demo) of the Fish House building and "Raceways" located at 1532 Indian River Drive, Sebastian, FL 32958. The scope of the FLS participation is that FLS shall "demo" the subject building (old Fish House) to its concrete base floor and remove and discard raceway structures. 2. It is understood and agreed by both parties that FLS may utilize any discarded materials for their /its own use. It is further understood that any demo of the structures will be for the aforementioned structures only. Any pilings, catwalks, appurtenance, or supporting structures will not be included in the demo process. 3. Term of this agreement is for the duration of the participant's engagement in the demo process but shall not extend beyond 30 days from this agreement without mutual agreement by the parties. FLS agrees to indemnify and hold harmless the City Of Sebastian, its employees or assigns from any and all claims for damages and/or liability in any way, and from ANYONE arising from the preparation for, participation in, or any /all matters arising out of usage of City property during the stated period, for the stated purpose. 4. FLS insures that all personnel involved in the stated purpose of this agreement shall be properly trained, shall have proper safety equipment, and shall ensure that industry standard environmental and disposal regulations are strictly in place with supervisory oversight to insure compliance. In addition, FLS insures that they will coordinate all activities with utilities and cooperating agencies. 5. In the event any provisions of this Agreement are required to be enforced, the prevailing party shall be entitled to attorney's fees and costs associated with any such proceeding at law or in equity. AGREED TO on the date first set forth above. CITY OF SEBASTIAN, FLORIDA Joseph Griffin City Manager Tim Adams, President Fisherman's Landing Sebastian, Inc. CITY OF SEBASTIAN, FLORIDA 1225 Main Street Sebastian, FL 32958 Ph: 772 -589 -5537 Fax: 772 -589 -2566 E -Mail : city@eityofsebastian.org BUILDING PERMIT = 00�3�1 PERMIT INFORMATION____ Permit #: �4 Issued: 5707I�014 Permit Type: DEMOLITION Class of Work: DEMOLITION Proposed Use: COMMERCIAL Sq. Feet: East. Value: Cost: 2,400.00 Total Fees: 109.00 Amount Paid: 109.00 Date Paid: 5/07/2014 ___ CONTRACTOR- INFORMATION Name: HOMEOWNER - Addr• LOCATION INFORMATI Address: 1532 INDIAN RIVER DF 14- 001361 SEBASTIAN, FL Township: 31 Range: 39 Lot(s): S 13 FT OF Block: 1 Section: 06 Book: 001 Page: 001593 Subdivision: MIDDLETONS SUB OF CITY OF Parcel Number: 31390600001001000002.0 OWNER INFORMATION __.Name: CITY OF SEBASTIAN - -- -- Address: 1225 MAIN ST SEBASTIAN, FL 32958 Phone: Lic: Phone: 772 - 589 -5330 Wor esEMOLITION OF OTD _FISFfNOTJSE_ APPLICATION FEES DEMOt7TION /RAZING— -- "- fi05.00 —DBPR - 'BCAIB -FEE CITY OF I H15 rtKMI I t5tGUMt5 NULL AND VOID IF CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHINF6 MONTHS FROM ISSUANCE, OR IF CONSTRUCTION IS SUSPENDED, OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME. THE CONTRACTOR-HAS-CE RTI FIED-BY SIGNATURE-GF- APPLICATION-,THIS DOCUMENT-AND-PLANS-AND SPECIFICATIONS -ARE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER _ SPECIFIED HEREIN OR NOT. NOTICE' IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER ____ _ _ GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS, STATE AGENCIES. OR FEDERAL AGENCIES. ** WARNING TO OWNER ** YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR - - NOTI -CE Cf COMMENCEMENT- THIS PERMIT IS APPROVED ON THIS DATE PURSUANT TO THE FLORIDA BUILDING CODE. - WAYNE ESELTINE, BUILDING OFFICIAL. - - THIS PERM I T SHA L L BE A VA ILA BLE ON SITE AT ALL TIMES. INSPECTIONS SHALL BE COMPLETED PRIOR TO PERMIT EXPIRATION TO A VOID ADDITIONAL FEES. rage i or i Wayne Eseltine From: Vogt, Charles L [Charles.Vogt @flhealth.gov] Sent: Friday, May 02, 2014 11:47 AM To: Wayne Eseltine Subject: RE: Fisherman's Landing Mr. Eseltine, Please be advised that our decision (in this particular case) not to require an asbestos survey or a pre -demo inspection for the structure at the aforementioned address is based upon reasonable evidence described to us that water / wastewater utilities, asbestos and hazardous materials are not a factor in the removal of the structure. In the event that these areas of concerns are discovered and become a factor involved in this demolition, all work shall be discontinued until verification has been made by this office and that any and all corrective actions necessary have been appropriately made. If there are questions, please contact 772.794.7440 Charles (CV) Vogt ESIII FDOH in IRC From: Wayne Eseltine [ mailto :weseltine @cityofsebastian.org] Sent: Friday, May 02, 2014 11:37 AM To: Vogt, Charles L Cc: Joseph Griffin Subject: Fisherman's Landing Charles, We have a request to remove the old fish house at Fisherman's Landing. It is a wood frame structure with a metal roof. There are no interior finishes, just stud walls with wood lapped siding. The structure will be removed down to the existing concrete slab that is above the pilings. Does the Health Dept. have any concerns regarding an asbestos survey. Thanks. Wayne Eseltine, CBO Building Director City of Sebastian 772 - 388 -8235 5/7/2014 CITYOF Nfi � t gtr t r HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET - SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589 -5537 . FAX (772) 589 -2566 DEMOLITION PERMIT AFFIDAVIT Permit No. 40/so Tracking No. J I/ary In accordance with EPA guidelines Demolition is a "Construction Activity" The NPDES Stormwater Program regulates Construction Activities. Project Name: t1 ou�S a ti Address: ( fS 3Q ' !' l t���V e- - Contractor Name: Phone: Circl®r/N e Y o Thi s project contributes stormwater discharges to surface waters of the state or into a municipal separate storm sewer system. (MS4) Y or�) his project disturbs one or more acres of land. Less than one acre is included if the activity is part of a larger common plan of development or sale that will meet or exceed the one acre threshold. (i.e. a subdivision or linear projects that will ultimately exceed one acre of disturbance) If you answered Yes to any of the previous questions, you must submit a Notice of Intent (NOI) with the Department of Environmental Protection to obtain a Generic Permit for Stormwater Discharge from Large and Small Construction Activities as required by Rule 62- 621.300(4) National Pollutant Discharge Elimination System ( NPDES) You must also provide a Stormwater Pollution Prevention Plan ( SWPPP) to be reviewed and approved by the City. For more information: go to http: / /www.dep.state.f1.us/ water /stormwater /npdes /permits- forms. Also contact Margaret Reynolds, Environmental Planner in Growth Management for NOI and SWPPP forms and approval at 388 -8212. I certify that the information submitted is, to the best of my knowledge and belief is true, accurate and complete. I am a are there are strict penalties for submitting false information. Contractor Signature: Date:'