11/22/1989 . INTERIOCAL AGREEMENT BETWEEN M ONROE COUNTY AND COLLIER
COUNTY FOR MAINTENANCE ASSISTANCE ON LOOP ROAD
THIS AGREEMENT, made this day of d4141/610J614. , 19 , by
and between Monroe County, a political subdivision of the State of Florida, and
Collier County, a political subdivision of the State of Florida.
W I T N E S S E T H:
WHEREAS, there is a need to maintain a sixteen (16) mile portion of Loop
Road herein described as that part of the said road lying in Monroe County and
beginning at the Monroe - Collier County line, thence in a southerly and easterly
direction to the Monroe -Dade County Line, a distance of approximately sixteen
(16) miles; and
WHEREAS, Collier County provides and is responsible for maintenance
functions for that portion of Loop Road in Collier County, and a portion of Loop
Road in Monroe County is an extension of the Collier County portion of said road.
Due to the long and time consuming route necessary for Monroe County to move
equipment and labor to the Monroe County portion of Loop Road, it is an extreme
hardship for Monroe County to perform its maintenance responsibilities on that
portion of Loop Road; and
WHEREAS, Collier County is prepared to assist Monroe County by performing
maintenance -type functions as outlined and authorized by Monroe County for the
above described portion of Loop Road in Monroe County.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OTHER GOOD AND VALUABLE
CONSIDERATION RECEIVED AND ACKNOWLEDGED BY THE PARTIES TO BE SUFFICIENT, THE
PARTIES AGREE AS FOLLOWS:
1. Collier County will assist in the maintenance functions on the above
described portion of Loop Road in Monroe County based on specific written
authorization from Monroe County which shall outline the scope and budgetary
limitations of said work. Collier County reserves control over scheduling
of said work.
2. Following receipt of appropriate project reporting information and invoices,
Monroe County agrees to reimburse Collier County, on a monthly basis, for
any and all expenditures made by Collier County on said portion of Loop Road
in Monroe County. Said reimbursement shall include the actual cost of
equipment, labor, materials, supervision, and administration required in
said maintenance procedures as documented by Collier County in accordance
with the prior authorization of Monroe County.
3. To the extent allowed by the laws of Florida, Monroe County agrees to
indemnify, defend, save and hold harmless Collier County from all claims,
demands, liabilities and suits of any nature arising out of, because of, or
due to any negligent act or occurrence or omission or commission of Monroe
County, its agents, or employees. It is specifically understood and agreed
that this indemnification by Monroe County does not cover or indemnify
negligence or breach of contract by Collier County, its agents, or
employees. Performance of this Agreement by Collier County is the specific
consideration from Collier County for Monroe County's indemnification.
4. To the extent allowed by the laws of Florida, Collier County hereby agrees
to indemnify, defend, save and hold harmless Monroe County from all claims,
demands, liabilities and suits of any nature arising out of, because of, or
due to any negligent act or occurrence or emission or commission of Collier
County, its agents, or employees. It is specifically understood and agreed
that this indemnification by Collier County does not cover or indemnify
negligence or breach of contract by Monroe County, its agents or employees.
Performance of this Agreement by Monroe County is the specific
consideration from Monroe County for Collier County's indemnification.
5. This Agreement may be terminated by either party by giving thirty (30)
calendar days advance written notice of the party's intent to withdraw from
the Agreement. Termination of the Agreement shall occur upon proper
service, as required by this section, of written notice to terminate being
submitted by either party. Termination notice shall be served by certified
mail, return receipt requested. The notice shall be served by Monroe
County on the office of the Collier County Transportation Services
Administrator. Notice by Collier County to Monroe County shall be served
on the office of the Monroe County Public Works Director.
6. Where termination of this Agreement is instituted by Collier County, said
termination shall not affect any rights of Collier County against Monroe
County then existing or which may thereafter accrue. If termination of
this Agreement is instituted by Monroe County, said termination shall not
affect any rights of Monroe County against Collier County then existing or
which may thereafter accrue.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year first written.
' ATTEST: BOARD OF COUNTY COMhIISSIONERS
JAMES C. GILES, CLERK COLLIER COUNTY, FLORIDA
BY:; . •
D D+• 4 CLERK 1 BURT L. SAUNDERS, CHAIRMAN
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ATTEST -ANX • ( ;1 1 -4- 14 ----Cigi gAvii BOARD OF COUNTY COMMISSIONERS
CLERK ?4 NROE COUNTY, FLORIDA
BY: •&�. I� • 4.4 BY: C:714/10-04..r
DEPUTY c�c
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGAL SUFFICIENCY: AND QENCY:
J
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COLLIER COUNTY ATTORNEY MONROE COUNTY ATTORNEY
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