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Resolution 172-1987 Jeff Fisher, Director Extension Services RESOLUTION NO. 172-1987 A RESOLUTION OF THE BOARD OF COUNTY COMJ:.lIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CHAIRMAN OF SAID BOARD TO EXECUTE AN AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND REEF RELIEF, INC., CONCERNING MAINTENANCE OF CERTAIN BOAT MOORINGS LOCATED IN MONROE COUNTY, FLORIDA. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby authorizes the Mayor and Chairman of the Board to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Reef Relief, Inc., a copy of same being attached hereto, concerning maintenance of certain boat moorings loated in Monroe County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 7th day of April, A.D. 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) cr" ATTEST: DANNY: 1.. KO~GE, Clerk J /~ ~L~ ~~-<;:.,. J!)L ERK r APPI OilEO AS TO FORM A, LEG /L Sl:FF.IC';JCY~j). (i BY (!'. ~ Attorney's Office . A G R E E MEN T THIS AGREEMENT made this day of 1987, by and between the Board of County Commissioners of Monroe County, Florida, hereinafter referred to as "County" and Reef Relief, Inc., a non-profit Florida corporation, hereinafter referred to as "Reef Relief". WIT N E SSE T H: WHEREAS, the County desires to place boat moorings at selected sites throughout Monroe County, Florida, in an effort to provide anchoring services to boaters in Monroe County, Florida, and WHEREAS, Reef Relief desires to maintain said moorings, NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed by and between the parties hereto as follows: 1. Reef Relief and the County shall follow all rules and regulations of the Florida Department of Natural Resources and Boating Improvement Fund. 2. Reef Relief will accept full legal and financial responsibility for the maintenance of the moorings for 20 years. Work will be done at the demand of the Monroe County Boatinq Improvement Fund Administrator. 3. Reef Relief will make no changes in design, materials, or location of the moorings during the maintenance program without permission of the Monroe County Boating Improvement Administrator. 4. County will construct or cause to be constructed the moorings through its resources according to the specifications and parameters contained in exhibits A and B, attached, but will make no contribution to the maintenance program. 5. Reef Relief will organize and supervise an ongoing inspection program as part of the overall maintenance program and will provide to the County Boating Improvement Fund Administrator a semi-annual statistical report on inspection and maintenance activity. 6. Reef Relief accepts responsibility for the maintenance of all parts and components of the buoy system except for the stainless steel eyebolt and placement thereof designated in the County's proposal as "anchor installation" (see Exhibit B, p. 6). 7. Reef Relief agrees to hold the County harmless from all claims arising from, and in all other respects concerning, main- tenance, but not installation of, of the County's boat moorings. In addition, Reef Relief will defend any and all causes of action or claims stemming from its maintenance, but not installation of, County's boat moorings. IN WITNESS WHEREOF, the parties have caused this Agreement to be entered into on the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: MAYOR/CHAIRMAN (SEAL) Attest: CLERK REEF RELIEF, INC. BY: , i , . .,,\ " \ ^, $RES'lJ~~ ( SEAL) At~~ SECRE A Y '. -'IP ,'I7(WED AS TO FORM " "- ) {Ujill.. SUFFICIEl'.iCY. !j " IJ "/~. /1 / ./ --. -~~~I '." ,'" n"'J>'~ / .' .... ,", ~ ' ~...'-~. B_g_B_~_~_tl_~_U_I THIS AGREEMENT MADE THIS day of 1987, by and be~ween, hereinafter called the "Contractor," and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the County of Monroe, State of Florida, hereinafter called the "Owner." WITNESSETH, that the Contractor and the Owner for the consideration hereinafter named agree as follows: 1. The Contractor shall furnish all the materials and perform all the work as required by the Specifications for Boating Improvement Fund Project known as the Reef Moorings of Key West, Monroe County, Florida, a copy of which is attached hereto and made a part hereof. The Contractor is y.esponsible for obtaining all necessary permits to do this work. 2. The work to be performed under the contract shall be commenced within 60 days from date Owner provides Notice to Proceed and to be completed within 120 days of that date. Notice will not be given until all necessary permits are obtained. 3. Further, the parties agree that if the Notice to Proceed has not been given by Owner to Contractor on or before July 10, 1987, that this Agreement shall be null and void. 4. Further, the work to be performed under the contract is contingent upon receipt of appropriate grant monies from the State Department of Natural Resources, Boating Improvement Fund. In the event this grant is denied, this Agreement is null and void. It is also agreed that the Contractor understands the rules of the Department of Natural Resources, Boa~ing Improvement Fund and will comply with said rules along with the rules and procedures instituted bi~he Owner to insure an orderly progress to the project. 5. The Owner shall pay to the Contractor for the performance of the contract the sum of dollars ( ) upon completion by Contractor and ! , , acceptance by Owner, subject to terms and:~ondltlons of ~ . paragraphs one through four above. ! \ Ii '~""'~'T~!!~ "!'f.'I""..~.._~._, Page 1 of 2 Pages Exr.~it "A" .. .. .,' ~,.,jf-rf~f r;.-..,~...,1A '" q :11 :1 ~ I ~ I ij i !' I' ;~ f f ;1 Ii ~ " :1' :'1 I :.i I iill "~I 6. The attached Specifications and Plans together with! this Agreement. form the contract and they are as fully apart of this contract as if herein repeated. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first written above. By. ,"___ President/Representative (Seal) Att.est: Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By_ Mayor/Chairman (Seal) Attest: Clerk J; lil . .:: ~ : ." ! i ~ ~, , 1 p 2 of 2 ~ages i:! ! 'f, ; i II I: I:, II !, :1';' , : ,~ , '''~''''I\,('' , , , I ' .':1