Addendum 02/11/1999
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ADDENDUM TO CO-OPERATIVE AGREEMENT Z ).:'" \0 -
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This addendum is made by and among Monroe County, Florid.~ Count-&5
Sponsor), the South Florida Resource Conservation and Development . ~ci~nc;:o
(Council), and the Natural Resources Conservation Service, United State~. ar~e~
of Agriculture (NRCS), to a co-operative agreement among the parties, ~ @y e.bK~
West and the Village of Islamorada, for the removal of debris deposited in can~ bcp
Hurricane Georges. A copy of the co-operative agreement is attached and
incorporated by reference.
In consideration of the mutual promises and consideration described below, the
County Sponsor, Council and NRCS hereby agree:
Section 1.) The co-operative agreement, as among the County Sponsor,
Council and NRCS only, is hereby modified by the following terms and conditions:
a.) The certification concerning real property rights required in
paragraph 83 may be satisfied by a license granted by a property owner to the County
Sponsor that authorizes access to the owner's property and holds the NRCS harmless
from any damages to the owner's property caused as a result of the canal debris
removal. A copy of an acceptable license form is attached to this addendum and
made a part of it.
b.) The engineering firm employed by the Council is responsible for
doing the work necessary to obtain whatever state and federal permits are required for
the removal of the canal debris, although the permit(s) may be issued in the name of
the County Sponsor if required by the issuing agency. The County Sponsor will
cooperate with the Council's engineer in obtaining the necessary permits.
c.) The County Sponsor's funding of its portion of the cooperative
agreement is dependent on a grant of approximately $533,000 from the State of
Florida. If that grant is denied, or reduced below $533,000, the County Sponsor may
terminate the co-operative agreement vis a vis the County Sponsor. If the County
Sponsor terminates the co-operative agreement due to the failure of State funding, the
County Sponsor must promptly repay NRCS for funds received (and not spent on canal
debris removal or the associated engineering and administrative costs) but is otherwise
not liable or obligated to the Councilor NRCS by way of damages, conversion or under
any other cause of action, claim, or legal theory.
d.) Before the County Sponsor may deposit any funds in the escrow
account described in the co-operative agreement attachment C, the Council must
provide a written request to the County Sponsor's Engineer for an escrow account
deposit describing with particularity the work performed that justifies the deposit. If the
County Sponsor's Engineer approves the deposit request he must forward it to Clerk of
the Circuit Court for payment to the escrow agent. The escrow agent may then
release the funds to the Council. The Council, in establishing and funding the escrow
account described in the co-operative agreement attachment C, must keep the
County Sponsor's account separate from the accounts of the municipalities and must
not commingle funds paid into the County Sponsor's escrow account with the funds of
the municipalities or funds of other agency or agencies.
Section 2.) The modifications to the co-operative agreement set forth in this
addendum supersede and take precedence over any contrary terms in the co-
operative agreement.
IN WI1~S'SnWHEREOF, the parties hereto have executed this Addendum to Co-
Operative .tt:gr:g~rilEmt on the dates set forth below.
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(SEAL)
ATTEST: DANNY L. KbLHAGE, CLERK
By Sib 0..\0. 0 Co . ~ ,h~
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Deputy Clerk
MONROE COUNTY, FLORIDA
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Mayor/Chairman of the Board of
County Commissioners of Monroe
County, Florida
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SOUTH FLORIDA RESOURCE CONSERV A-
TION & DEVELOPMENT DEVELOPMENT,
INC.
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Date: 2-1// /<1<7
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UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION
SERVICE
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Date: 2..-/ g- 99
peon/debris l.doe
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