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HomeMy Public PortalAbout2012-19 Approving an agreement witht Consultatio Key Biscayne LLC re the Beach Renorishment ProjectRESOLUTION NO. 2012-19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AN AGREEMENT WITH CONSULTATIO KEY BISCAYNE LLC FOR A TEMPORARY ACCESS LICENSE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT RELATING TO THE BEACH RENOURISHMENT PROJECT; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") has finalized the environmental permitting for the Village Beach Renourishment Project (the "Project"); and WHEREAS, the Village's permit for the Project provides for access to and from the public right of way to the beach through a portion of the Consultatio Key Biscayne LLC (the "Consultatio") property; and WHEREAS, Consultatio and the Village desire to enter into a Temporary Access License, Indemnification and Hold Harmless Agreement, in substantially the form attached hereto as Exhibit "A," (the "Agreement") for the Project; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above stated recitals are hereby adopted, confirmed and incorporated herein. Section 2. Agreement Approved. The Village Council hereby approves the Agreement in substantially the form attached hereto as Exhibit "A." Section 3. Village Manager Authorized. The Village Manager is hereby authorized to execute the Agreement, in substantially the form attached hereto as Exhibit "A," subject to the Village Attorney's approval as to legal form and sufficiency. Section 4. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 24rh day of April , 2012. CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK, APPROVED AS TO FORM AND LEGAL SUFFICIE '" VILLAGE AT 0 2 H. CAPLAN