11/30/1993 AgreementFILED PH 0 P'
AGREEMENT FOR THE MAINTE j&GARDEN XT THE KEY WEST ��XN qlr
THIS AGREEMENT is made and en Ili p- byk,and between
�`�1.
Monroe County, a political subdivision of the State of Florida,
hereafter County, and the Rath Foundation, Inc., a not for profit
Florida corporation, hereafter Foundation.
Recitals
A. The County and the Friends of the Monroe County Public
Library in Key West, Florida, Inc., have entered into an agree-
ment for the installation of a garden and plaque at the library
site at 700 Fleming Street, Key West.
In consideration of the foregoing and for the mutual
consideration and covenants which follow, the parties agree:
1. Following the completion of the installation of the
garden and plaque, the Foundation shall maintain them according
to the requirements as directed by the Foundation's landscape
architect for a period of ten years commencing on the completion
date for a cost not to exceed $400 per month.
In the event the garden and plaque are not completed in
accord with the schedule and specifications of the Agreement
between the County and the Friends of the Monroe County Public
Library in Key West, Florida, Inc., a copy of which is attached
as Exhibit "A" and incorporated into this Agreement by reference,
then this Agreement shall automatically terminate and the parties
shall have no obligations thereunder.
The Foundation shall pay Monroe County up to $400 per month
for ten years for the maintenance. If in the opinion of the
Foundation's landscape architect the maintenance standards of the
Foundation are not being met, then the Foundation retains the
right to employ agents or contractors to maintain the garden and
the County grants such agents or contractors a license to enter
upon the property for maintenance purposes. Alternatively, in
the event of the County's failure to properly maintain the garden
as set forth herein, the Foundation may require the County to
directly employ agents or contractors to maintain the garden at a
cost not to exceed $400 per month to be paid by the Foundation on
a monthly basis.
2. Upon the expiration of the term described in Section 1,
the County agrees to use its best efforts and to proceed in good
faith under this Agreement to maintain the garden in perpetuity
according to the same requirements as set forth in Section 1. and
to provide for the continued existence of the garden on the
property.
In the event that this Agreement is terminated by the County
during the first ten (10) years, the Foundation may remove the
plaque and all or any of the plants, trees, and landscaping
material from the library site/garden. Such removal shall be the
Foundation's sole remedy in the event of said termination by the
County.
3. All written communication between the parties shall be
by certified mail, return receipt requested, or its functional
equivalent, delivered to:
Monroe County Administrator Rath Foundation, Inc.
Public Service Building One Parker Place, Suite 700
5100 College Road P. 0. Box 1990
Key West, FL 33040 Janesville, WI 53547-1990
Either party may change the address or the designated
recipient upon providing written notice of such change to the
other party.
4. This Agreement may not be amended except in writing
signed by duly authorized representatives of the parties.
5. This writing represents the complete Agreement between
the parties. No other writing, drawing, document or other
communication is part of this Agreement unless specifically
incorporated herein.
6. This Agreement shall take effect on the date when
executed by the last duly authorized representative of the
parties.
IN WITNESS WHEREOF, each party has caused this Agreement to
be executed by its duly authorized representative.
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
By .
eputy e
Date I�iG�!e nn h t- 025
t q
(SEAL)
Attest:
BOARD OF COUNTY COMMISSIONERS
OF MONRO CO1jNTY, FLORIDA
By_
M
1`
By By.�
Secretary
Date
coniii i rary
yor/Chairman
T , INC.
resident