Interoffice Memorandum
COMMUNITY AND ENVIRONMENTAL SERVICES DEPARTMENT
APPROY£D
. , ORNIGE COUNTY BOARD
DE COUNtY COMMISSIONERS
APR «I 5 2D11 £!-M (lOS
AGENDA ITEM
March 21, 2011
TO:
Mayor Teresa Jacobs -And-
Board of County Commissioners FROM: Lori Cunniff, Manager Environmental Protection Division SUBJECT: AprilS, 2011, Consent Item
Hold Harmless and Indemnification Agreement for the Eugene and
Susan McKinney Dock Construction Permit No. 10-055
On January 4,2011, the Board of County Commissioners accepted the recommendation of the
Environmental Protection Commission to uphold the Environmental Protection Officer's
recommendation to approve a variance from Orange County Code, Chapter 15, Article IX,
Section l5-342(d), Dock Construction Permit No.1 0-055. This permit allows the dock on the
subject property to remain in its current configuration, below the Normal High Wat~
Elevation (NHWE). As required by permit, the permittee has executed a Hold Harmless and~
Indemnification Agreement between themselves and Orange County for the dock being built
below the NHWE.
Approval of the Hold Harmless and Indemnification Agreement is the final requirement of the
permit. The Hold Harmless and Indemnification Agreement has been approved as to form by
the Orange County Attorney's Office.
ACTION REQUESTED: Approval of the Hold Harmless and Indemnification
Agreement between Eugene J. McKinney and Susan G.
McKinney and Orange County for Dock Construction
Permit No. 10-055 on Lake Georgia. District 5
Attachments
KTHINT/ERJ/LC:rb
c: Ajit Lalchandani, County Administrator
Ray Hanson, Acting Deputy County Administrator
Melvin Pittman, Director, Community and Environmental Services Department
Joel D. Prinsell, Deputy County Attorney, Orange County Attorney's Office
Tara Gould, County Attorney, Orange County Attorney's Office
Elizabeth R. Johnson, Environmental Programs Administrator, EPD
Neal Thomas, Environmental Program Supervisor, EPD
Kristin Harbin, Sr. Environmental Specialist, EPD
«­
""PROVED
i'r ORANGE COUNTV
BOARD
QIi COUNt! COMMISSIONERS
APR 0 5 20U
eM let>
Instrument prepared by: Eugene J. and Susan G. McKinney 9813 Lake Georgia Drive Orlando, Florida 32811 HOLD HARMLESS AND INDEMNIFICATION AGREEMENT ParcelId. No.: 06-22-31-4444-00-130 This Hold Harmless and Indemnification Agreement (the "Agreement") is made by and
between EUGENE J. MCKINNEY AND SUSAN G. MCKINNEY, as husband and wife, whose
mailing address is 9873 Lake Georgia Drive, Orlando, Florida 32817 (the "Homeowners"), and
ORANGE COUNTY, a charter county and political subdivision of the State of Florida, whose
mailing address is clo Orange County Administrator, P.O. Box 1393, Orlando, Florida 32802­
1393 (the "County").
WITNESSETH:
WHEREAS, the Homeowners hold fee simple title to property located at 9873 Lake
Georgia Drive, Orlando, Florida which is more particularly described in Exhibit "A" attached
hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, Section 15-342(d), Article IX, Chapter 15, of the Orange County Code,
requires that the floor elevation of all docks be a minimum of one (1) foot above the established
control elevation or normal high water elevation; and
WHEREAS, the normal high water elevation of Lake Georgia was approved by the
.
Orange County Board of County Commissioners (the "Board") in 1983 at 59.5 feet; and
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WHEREAS, historical water elevation data indicates that the nonnal high water
elevation of Lake Georgia has not been achieved since April of 1961 and that the current average
water elevation is approximately 54.83 feet; and
WHEREAS, based upon the current water elevation data for Lake Georgia, the
Homeowners sought a variance from the County to allow the construction of a boat dock (the
"Improvements") three (3) feet below the established nonnal high water elevation for Lake
Georgia, four (4) feet below the required minimum floor elevation; and
WHEREAS, the Homeowners were granted approval of the variance subject to the
conditions ratified or established by the Board in its January 4, 2011 meeting, including, but not
limited to the execution and recordation of an agreement to hold the County harmless from any
damage, injury or destruction reSUlting from the variance approval; and
WHEREAS, since this Agreement will be executed and recorded in the Official Records
of Orange County, this Agreement serves as notice that the Improvements may be constructed or
may have been constructed below the required minimum floor elevation as authorized by a
variance approved with conditions ratified or established by the Board at its meeting on January
4,2011.
NOW, THEREFORE, in consideration of the sum ofTEN DOLLARS in hand paid by
Homeowners to County, the mutual agreements, benefits, obligations, covenants, tenus,
conditions and restrictions contained herein, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1.
RECITALS. The above recitals are true and correct and are hereby incorporated
as a material part of this Agreement by this reference.
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2.
HOLD HARMLESS AND INDEMNIFICATION.
The Homeowners, on
behalf of themselves, and their successors, assigns, heirs, grantees, representatives, invitees, and
permittees, hereby assume sole and entire responsibility for any and all damage to property
sustained as a result of the County's granting of the variance request on January 4, 2011. The
Homeowners hereby release, indemnity, defend (with legal counsel acceptable to the County),
and hold harmless the County, its Board members, officers, employees, contractors, agents and
elected and appointed officials from and against any and all claims, suits, judgments, demands,
liabilities, damages, costs and expenses (including but not limited to attorneys' fees, paralegals'
fees, consultants' fees and costs at all administrative, pretrial, trial and appellate levels) of any
kind or nature whatsoever, including without limitation damage to property, arising out of or
related in any way to the activities or operations on or use of the Improvements resulting from the
County's granting of the variance request on January 4,2011.
3.
COVENANTS RUNNING WITH THE LAND. This Agreement shall run with
the Property. It is further intended that this Agreement shall be binding on all parties having any
right, title or interest in the Property described herein or any portion thereof, their heirs,
representatives, successors and assigns.
4.
AMENDMENTfI'ERMINATION.
This Agreement may be amended or
terminated only by express written instrument approved by the Board and the Homeowners.
5.
APPLICABLE LAW. This Agreement and the provisions contained herein shall
be construed, controlled and interpreted according to the laws of the State of Florida.
6.
RECORDATION. An executed original of this Agreement shall be recorded, at
the Homeowners' expense, in the Official Records of Orange County, Florida.
Page 3 of6
7.
EFFECTIVE DATE. This Agreement shall become effective on the date of
execution by the County or the date of execution of the Homeowners, whichever is 1ater.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be du1y
executed by their respective duly authorized representatives on the dates set forth below.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By:
$
d'..~4 ... , L
Te saJacobs
Orange County Mayor
ATIEST: Martha O. Haynie, County Comptroller
As Clerk of the
,~.-.By:
Date:
APH 0 5 2011
e.l!6»
-c. -c::) /
HOMEOWNERS: By: Print Name:
~M.D ~'1
Print Name:
f L<J r:" tJ(,f2-, I~ .M/C a1t~
~~J!cAL
"
Date: Page 4 of6
By:
Date:
{
,
STATE OF FLORIDA
COUNTY OF ORANGE
l
tfi
The foregoing instrument was acknowledged before me this
day of
M~
, 2011, by Eugene J. McKinney and Susan G. McKinney, who are
p~rsonally~ me or who have produced
as identification.
R1CHARDCHOY
Notary Public, State of Florida
Commlssion# 00908965
My comm. expires Sept 29. 2013
Notary Public, State of Florida
My Commission Expires:_ _-+--,r-=:.=+-j~'-'
(Seal)
Page 5 0[6
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel Identification No.: 06-22-31-4444-00-130
Lot] 3, Lake Georgia Shores, according to the Plat thereof, as recorded in Plat Book S, Page 65,
of the Public Records of Orange County, Florida. Together with that certain perpetual easement
for ingress/egress described in Deed Book 1020, Page 247.
Together with:
Commence at the southwest corner of Lot 12, Lake Georgia Shores, according to the plat thereof,
as recorded in Plat Book S, Page 65, of the Public Records of Orange County, Florida; thence run
S45 '29' 13"E along the southerly line of said Lot 12 a distance of 10.00 feet; thence continue
along said southerly line S79'02' 17"E a distance of 19.08 feet for a point of beginning; thence
run N49'39'04"E a distance of32.06 feet to a point on a line parallel with the southerly line of
said Lot 12; thence run S79'02' 17"E along said paralJelline a distance of83.6 feet more or Jess
to the Normal High Water Line to a point on said southerly line of Lot 12; thence run
N79'02' 17"W along said line a distance of 106.8 feet more or less to the point of beginning.
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