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12/01/1987A1�DL'LIAVATT THIS AGREEMENT made this -fft— day of .7Dft*M6r-1-. , 1987, by and between Florida Keys Artificial Reef Association, hereinafter called the "Association", and the Board of County Commissioners of Monroe County, Florida, hereinafter called the "County". W I T N E S S E T H: That the Association and the County for the consideration hereinafter named agree as follows: 1. The Association or their assigns shall furnish all the materials and perform all the work as required for the safe and clean sinking of the Coast Guard cutters USS Bibb and USS Duane off Key Largo, Florida. The attached documents to be made a part of this Agreement. 2. The work to be performed under the contract shall be supervised by the Association and be completed within the time frame allotted by the Department of Natural Resources, Boating Improvement Fund Program Project Agreement with the County. 3. Further, the parties agree that if these dates are not adhered to, the County will withdraw its monetary support and 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 Association understands the rules of the Department of Natural Resources, Boating Improvement Fund and will comply with said rules along with the rules and procedures instituted by the County to insure an orderly progress to the project. 5. The County shall administer the Twenty Thousand Dollar ($20,000) Department of Natural Resources grant and make appropriate payments to vendors, contractors or groups upon completion of the project and acceptance by County, subject to terms and conditions of Paragraph One through Four above and the grant application. 6. The attached documents together with this Agreement form the contract and they are as fully a part of this contract as if herein repeated. 7. The Association agrees to hold the County harmless in all respects as concerns the sinking of the Coast Guard cutters USS Bibb and USS Duane off Key Largo, Florida. In addition, the Association will defend any and all causes of action or claims stemming from said sinking. 8. County will reimburse Association for work done by Contractors and vendors in reference to the sinking of the USS Bibb and USS Duane. Said reimbursement will be paid to Asso- ciation after proof of payment has been submitted to County. Proof of payment shall consist of an invoice from vendor marked paid and/or a cancelled check. 9. Association shall be responsible for the writing of the job specifications for the sinking of the USS Bibb and USS Duane, as well as seeking bids for said project. Association shall also be responsible for the letting of contracts in reference to the sinking of the USS Bibb and USS Duane as well as verifying the satisfactory completion of the work contracted for to sink the USS Bibb and USS Duane. (SEAL) Attest: DANNY 4 KOLHAGL, Clerk (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By airm n FLORIDA KEYS ARTIFICIAL REEF ASSOCIATION Bi;,�', AJ C;) bk'__ r2sident APPROVED AS iO J pj4f AND ,LEGAL Sure/ F Attorneys Office 2