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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 phl.1 11 ';,qfv Flitt-1 pf i'l". /sir.