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Resolution 269-1981 . -- - -'--i ~-,- ~-',,"- RESOLUTION NO.269 -1981 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A PROJECT AGREEMENT - DEVELOPMENT BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES AND MONROE COUNTY, FLORIDA - BOATING IM- PROVMENT FUND PROJECT ON KEMP CHANNEL BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Chairman of the Board of County Commissioners of Monroe County, Florida, 1S hereby authorized to execute a Project Agreement - Development by and between the State of Florida Department of Natural Resources and Monroe County, Florida, a copy of same being attached hereto, for Boating Improvement Fund Project on Kemp Channel. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 22nd day of September, A.D. 1981. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B (SEALY, Attest: RAlPIHt wum,. CIIRK ~'{?.: ,.1M. PuJ.w o.~ lerk. · .4PPROVED A' TO FORM A"fA-~ 8Y ~~ Q..(A-:-Ic./ . Atrom~; Office - ~ STATE OF ?LORID~ DEPA-~TME~T OF ~dTCR;L RESOURCSS Florida Boating Improvement Program Project dg=ea~ent - Development This agreement ~ade and entered into by and between ~~e State of Florida Depar~~ent of Natural Resources, hereinafter called DEPARTMENT, and Monroe County hereinafter called County , in furtherance of an approved recreational program involving the parties hereto in pursuance of which the parties hereto agree as follows: 1. The DEPARTMENT has found the improvement of recre- ational boating to be the primary purpose of the project known as Kemp Channel Markers and enters into this Agreement wi~~ ~~e County to carry out its obligations described in the project de- scription attached hereto and made a part of ~~is Agreement as Exhibit "An. 2. The. County agrees to carry out its obligations as set forth in Exhibit "A" hereto and convenants that it has the full legal authority and capability to do so. 3. The County agrees to complete said project on or before August 24 i 1983 In the event said project is not completed on or before August 24,1983 , the County agrees to return to the DEPARTMENT any and all unexpended funds the DEPARTMENT may have provided the County for said project. 4. The County agrees to appoint an official Liaison Agent to be responsible for the successful accomplisr~ent of the County's obligations toward said project, the prompt L~plementation of ~~e articles of this Agreement, and the submission of progress reports everyone hundred and eighty (180) days from ~~e date of the excu- tion of this Agreement until said project is completed by the County, and all County obligations set fort.~ in Exhibit "A" hereto have been met. Page 1 of 3 Pages DNR 42-017 Rev. 8-1-80 S. The DEP.~q~XE~T agrees, i~ consideration of ~~e promises made by the County herein, to tender to the Co~~t7 f~,ds in the amount of $ 13,327.00 to be used for the accom- plishment of the obligations made in Exhibit "A". 6. The County agrees to return to the DEPF~TMENT all funds tendered for said project in ~~e event said project becomes utilized for other than boating related purposes. 7. In the event unexpended funds exist at ~~e co~pletion of said project, as described in Exhibit "A", the County agrees to return said unexpended funds to the DEPARTMENT wi thin sixt-j' (60) days after said project completion. 8. In the event the DEPARTMENT should demand a return of any or all funds tendered pursuant to paragraph 5 of this Agreement, the County agrees to return said funds to the DEPART- MENT within sixty (GO) days.. If not returned within sixty (60) days, the County understands and agrees that any and/or all of said unreturned funds constitute a legal debt to the DEPARTMENT, which from that point, shall be due and payable with such interest as _the DEPA...~TMENT may determine. Any furth.er Counj:y requests for funding from the DEPARTMENT shall be denied until the debt of said unreturned funds shall have been satisfied. 9. In the event the County elects to implement a user fee system for any of its facilities funded by the Florida Boating Improvement Program, the County agrees to impose such fees uniformly among the users regardless of race, sex, age, religion, or other condition or the political jurisdiction in which ~~e user may reside. 10. The DEPARTMENT reserves ~~e right to hencefor~~ inspect the project as well as the right to audit any and all financial records pertaining to said project at reasonable times. 11. Any inequities ~~at subsequently appear in ~~is Agre~~ent shall be subject to negotiation upon wri~ten request of either party, and ~~e parties agree to negotiate in good fai~~ as to.any such inequities. 12. This Agreement is executed in duplicate, each copy Page 2 of 3 Pages DNR 42-017 Rev. 8-1-80 of which shall fo= all pu=~oses be conside=ed an original. IN WIT~SS TSE?ZTO, ~~e parties hereto have caused these presents to be executed by t~e officer or agents ~~ereunto lawfully au~~orized. EXECUTIVE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES By: Elton J. Gissendanner Executive Director Its Agent for this Purpose Attest: for this se Attest: Effective Date: o~ Page 3 of 3 Pages DNR 42-017 Rev. 8-1-80