09/08/1993 Agreement
Jaannp I. llo1bagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
M ~ M Q B A H Q ~.M
TO:
Dent Pierce, Director
Division of Public Works
Isabel C. DeSantis, Deputy Clerk J).C.t:t.
November 29, 1993
FROM:
DATE:
On September 8, 1993, the Board authorized execution of a Joint
Participation Agreement between Monroe County and Bellsouth
Telecommunications, Inc., d/b/a Southern Bell Telephone and
Telegraph Company, regarding the Card Sound Road Reconstruction
Project.
Attached for return to Bellsouth is a duplicate original of the
subject Agreement.
Should you have any questions concerning the above, please do not
hesitate to contact me.
cc: County Attorney
Finance Director
Risk Management, w/o document
County Administrator, w/o document
File
JOINT PROJECT AGREEMENT
THIS JOINT PROJECT AGREEMENT made and entered into this
8th
day ofSepternber, 1993, by and between MONROE COUNTY, FLORIDA, a political
subdivision of the State of Florida (the "COUNTY"), and BELLSOUTH
TELECOMMUNICATIONS, INC., D/B/A SOUTHERN BELL TELEPHONE AND TELEGRAPH
COMPANY, a Georgia corporation (the "COOPERATING AGENT").
WIT N E SSE T H:
Whereas, the COUNTY has authorized its consulting engineer to proceed
with the design, construction, and administration of the CARD SOUND ROAD
IMPROVEMENT PROJECT:
, from Key Largo to the Card Sound Bridge
(the "PROJECT"); and
Whereas, the PROJECT includes the construction of built-in telephone
ducts and manholes (the "FACILITIES"); and
Whereas, upon completion and acceptance by the COUNTY of all work
included in the PROJECT, the COUNTY will accept full and complete
responsibility for all future maintenance of the PROJECT, with the
exception of the FACILITIES; and
Whereas, the COOPERATING AGENT desires to install telecommunication
lines and equipment, and provide regular maintenance thereof, within the
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FACILITIES, and further desires to cooperate with the COUNTY::;in:.--the \....AJ
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construction of the FACILITIES; and
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Whereas, the road construction and the FACILITIES are d~i~ed e8
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accommodate and support installation of the COOPERATING AGEN~'s
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telecommunications lines and equipment.
NOW, THEREFORE, for and in consideration of the mutual covenants
contained herein, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereto agree
as follows:
I. THE COUNTY:
A. The COUNTY will incorporate the FACILITIES in the construction
of the PROJECT with provisions for the installation and support of the
COOPERATING AGENT's telecommunications lines and equipment.
B. The PROJECT and FACILITIES will be built according to the
design previously agreed to between the parties.
C. The COUNTY agrees to allow the COOPERATING AGENT access to
inspect the construction of the FACILITIES in a manner that does not hinder
construction of the PROJECT, and upon reasonable notice to the COUNTY's
Resident Project Representative.
D. Upon the completion of the PROJECT, the COOPERATING AGENT
shall own and control the personal property which comprise the FACILITIES,
to-wit: the ducts and manholes, for purposes of installation and use of its
telecommunications lines and equipment. This Joint Project Agreement does
not, nor is it in any way intended to, convey to the COOPERATING AGENT any
interest in the right-of-way.
II. THE COOPERATING AGENT:
A. The COOPERATING AGENT has examined the plans for PROJECT,
including the method designed for the installation and support of the
FACILITIES, and approves of the design for the installation and support of
the FACILITIES.
B. The COOPERATING AGENT shall pay the COUNTY the bid sum of
$111,587 for the construction of the FACILITIES.
C. The COOPERATING AGENT shall bear all costs associated with the
construction of the FACILITIES, which costs are the cost of construction as
bid; the costs associated with any change orders approved by the
COOPERATING AGENT; the cost of any additional services incurred by the
COUNTY's consulting engineers associated with construction of the
FACILITIES, such as survey work, project coordination, preparation, review
of documents, project administration, and construction reporting; and the
cost of any reimbursables associated with construction of the FACILITIES,
such as reproduction expenses.
D. In the event the COOPERATING AGENT cannot enter into a
separate agreement with the COUNTY's consulting engineer, the COOPERATING
AGENT shall pay the COUNTY any additional costs incurred by the COUNTY's
consulting engineer associated with construction of the FACILITIES.
E. The COOPERATING AGENT will make payment to the COUNTY upon
notification that payment is due. Notification will occur prior to
construction of the FACILITIES. The COUNTY will set aside from the
COOPERATING AGENT's payment to the COUNTY funds for periodic payments and
for final acceptance payment to the contractor in accordance with the
COUNTY's acceptance of the COOPERATING AGENT's portion of the entire
project. Any additional costs as stated in paragraph II.C., above, will be
billed to the COOPERATING AGENT as they arise, and be paid to the COUNTY
within thirty (30) days of invoice.
F. The COOPERATING AGENT will use the facilities only for
telecommunications lines and equipment.
III. COMPLIANCE WITH SECTION 125.42. FLA. STAT.
A. Upon completion of the PROJECT, and upon COOPERATING AGENT
taking possession of the FACILITIES, COOPERATING AGENT shall prevent the
creation of any obstructions or conditions relating to the FACILITIES that
are or may become dangerous to the traveling public.
B. If any damage or injury occurs to Card Sound Road as the
result of the COOPERATING AGENT's maintenance, use or operation of the
FACILITIES, or of the telecommunications lines or equipment installed
therein, the COOPERATING AGENT shall promptly restore Card Sound Road to a
condition at least equal to that which existed immediately prior to the
infliction of the damage or injury.
C. The COOPERATING AGENT shall hold the Board of County
Commissioners, and members thereof, harmless from the payment of any
compensation or damages, including the payment of attorneys' fees,
resulting from the exercise by the COOPERATING AGENT of any of the
privileges granted in this JOINT PROJECT AGREEMENT.
D. In the event of any widening, repair, or reconstruction of
Card Sound Road after completion of the PROJECT, and excluding any
widening, repair or reconstruction directly associated with the PROJECT
itself, the COOPERATING AGENT shall move or remove the FACILITIES and its
lines and equipment at no cost to the COUNTY.
IV. UNFORESEEN DELAYS
Neither party hereto shall be held responsible for any delay in
performing hereunder when such delay is due to causes which cannot
reasonably be forecast or against which provisions cannot be made, such as
acts of God or a public enemy, fire, strikes, floods or legal acts of
public authorities.
v . DURATION OF THE AGREEMENT
This JOINT PROJECT AGREEMENT shall be perpetual; provided,
however, that either party may terminate in the event Card Sound Road is
closed, abandoned, vacated or discontinued. This JOINT PROJECT AGREEMENT
may also be terminated by the mutual agreement of the parties.
VI. ASSIGNMENT OR TRANSFER OF INTEREST
The COUNTY and the COOPERATING AGENT each binds itself and its
successors to the obligations respectively assumed herein. Neither party
shall assign or transfer its interest under this agreement without prior
written consent of the other.
VII. ENTIRETY OF AGREEMENT
This writing embodies the entire agreement and understanding
between the parties hereto, with the exception of the prior agreement as to
the design of the PROJECT and the FACILITIES. With that one exception,
there are no other agreements and understandings, oral or written, with
reference to the subject matter hereof that are not merged herein and
superseded hereby.
VIII. NON-EXCLUSIVE USE OF THE RIGHT-OF-WAY
Nothing in this agreement shall be read as preventing the County
from granting a license to another telephone company or any entity listed
in Section 125.42, Florida Statutes (1991), for the use of the Card Sound
Road right-of-way for the provision of any service listed in the statute.
No alteration, change, or modification of the terms of this JOINT
PROJECT AGREEMENT shall be valid unless made in writing and signed by both
parties hereto.
IX. GOVERNING LAW
This agreement, regardless of where executed, shall be governed by,
and construed according to the laws of the state of Florida.
IN WITNESS WHEREOF the parties hereto have executed these presents
this 8th
day of September , 1993.
ATTEST:
DANNY L. KOIBAGE
BY ITS BOARD OF COUNTY COMMISSIONERS
Clerk
Mayor/Chainnan
By: ~~ G. ~~
Deputy Cl
ATTEST:
BELLSOUTH TELECOMMUNICATIONS, INC.
D/B/A SOUTHERN BELL TELEPHONE AND
TELEGRAPH COMPANY
Secretary
By: ~~ a~~
C. J .~an~ers
Vice President-Network Oprns/So.
? ~' M/r
(SEAL)
FORM
APPROVE
ATTORNEY
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