Item E3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: AUGUST 16,2002
Division:TDC
Bulk Item: Yes X
No
Department:
AGENDA ITEM WORDING:
Approval of Amendment with The Legendary Key Largo.Chamber of Commerce for the
assignment of Agreement dated May 22, 1996 for the Spiegel Grove to the First State Bank
of the Florida Keys.
ITEM BACKGROUND:
The Legendary Key Largo Chamber of Commerce has entered into a security agreement
with the First State Sank of the Florida Keys for the TOC funding of the Spiegel Grove.
PREVIOUS REVELANT BOCC ACTION:
BOCC approved original Agreement May 22, 1996
BOCC approved amendment to Agreement July 16, 1997
SOCC approved amendment to Agreement May 12, 1999
SOCC approved amendment to Agreement October 13, 1999
BOCC approved amendment to Agreement May 18, 2000
SOCC approved FY 2001 budget at their meeting of September 21,2000
CONTRACT/AGREEMENT CHANGES:
Assignment
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $268,000
COST TO COUNTY:
BUDGETED: Yes X No
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Ally -L OMBlPurcrJJ?:~ Risk Management X --
DIVISION DIRECTOR APPROVAL: (__.-~~~e'-"'_~
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow
Not Required
DISPOSITION:
AGENDA ITEM # 02 -E'"J
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: The Legendary Key
Largo Chamber of
Commerce
Contract Purpose/Description:
Approval of Amendment with The Legendary Key Largo Chamber of Commerce
for the assignment of Agreement dated May 22, 1"996 for the Spiegel Grove to
the First State Bank of the Florida Keys.
Contract #
Effective Date:
Expiration Date:
8/16/01
Contract Manager: Maxine Pacini
(Name)
3523
(Ext. )
TDC # 3
(Department/Stop #)
for BOCC meeting on
8/16/01
Agenda Deadline: 8/1/01
CONTRACT COSTS
Total Dollar Value of Contract: $ 268,000
Budgeted? Yes[gj No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
121-1040-530460-T71B201 Y-530460
ADDITIONAL COSTS
Estimated Ongoing Costs: $ ~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
}&);
Division Director 2' . f
Risk Management 7.31-0(
PJf.~g #;
~y Attorney
Changes
Needed
YesD No
Date Out
YesDNoD
S.Hutton
Comments:
OMB Form Revised 2/27/01 MCP #2
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this day of
2001, between the Monroe County Board of County Commissioners, The Legendary Key
Largo Chamber of Commerce and First State Bank of the Florida Keys.
WHEREAS, there was a contract entered into on May 22, 1996, as amended July
16, 1997; May 12, 1999 ; October 13, 1999 and May 18, 2000 between Monroe County
Board of County Commissioners and The Legendary Key Largo Chamber of Commerce
for the preparation of the surplus Navy ship Spiegel Grove as an artificial reef and
transporting the Spiegel Grove to a site off Key Largo, Florida, where the ship will be
scuttled and turned into an artificial reef, and
WHEREAS, The Legendary Key Largo Chamber of Commerce has entered into a
security agreement with First State Bank of the Florida Keys for the agreement dated May
22, 1996 and amendments to agreement thereafter; and
WHEREAS, it has become necessary to amend The Legendary Key largo Chamber
of Commerce's (hereinafter "Chamber") agreement to provide for Assignment to First
State Bank of the Florida Keys of the rights of the Chamber to receive payment to;
NOW THEREFORE, the above parties agree as follows:
1. The Chamber of Commerce assigns its right to receive payment under the
agreement dated May 22, 1996 ,as previously amended, to First State Bank of the
Florida Keys.
2. The County approves and accepts the assignment of said payment rights to First
State Bank of the Florida Keys.
3. All other provisions of the contract dated May 22, 1996, as amended as amended
thereafter, not inconsistent herewith, remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and
year first above written.
The Legendary Key Largo Chamber
of Commerce
First State Bank of the Florida Keys
BY:
BY:
(SEAL)
ATTEST: DANNYL.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
,~PPR()V~Q AS TO FOR^,\,-" ,../7
',f.oD H:'G'A:L SUFFICIEN .r,/
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Jul-30-2001 02:46pm From-FIRST STATE BANK KEY LARGO LOAN DEPT
3058535440
T-914 P.002/00Z F-729
To: THE FLORIDA KEYS & KEY WEST
MONOE COUNTY TOURIST DEVELOPMENT
COUNTY (TDC)
P.O. BOX 866
KEY WEST FLORIDA 3304]
~
FlmI pg
!lATE BANK
FIRST IN THE KEYS
FIRST FOR THE KEYS
"''111.11'"
NOTIFICATION OF ASSIGNMENT OF AGREEMENT
Notification: This is notify you that The Key Largo Chamber of Commerce (debtor) has
entered into a security agreement with First State Bank of the Florida Keys(assignee).
Under the note and security agreement dated August 8,2001, Debtor has assigned all of
Debtors right's to payment under the agreement dated May 22, 1996 and other
attachments, addendums and extensions between the TDC and The Key Largo Chamber
of Commerce.
As authorized by the security agreement and applicable laws, Assignee requests that you
remit $260,000 of the funds agreed upon to the following address:
First State Bank of The Florida Keys
97670 Overseas Highway
Key Largo Florida 33037
Payments to Assignee shall be paid upon the successful sinking of the Seigal Grove and
at such time all agreed upon tenns of the Agreement have been fulfilled.
ASSIGNEE
First State Bank of the Florida Keys
BYcT:~ VP
AUTI-IORIZA TION. By signing below, Debtor acknowledges tli existence and
effectiveness of the security agreement and assignment indicted above. Debtor hereby
authorizes you to make payments directly to Assignee as provided in this notification.
Key largo Chamber of Commerce
By:
Dated
ACCEPTANCE. By signing and returning a copy oftrus notification to Assignee you
acknowledge receipt of this notice and agree to its terms.
TDC
By:
Dated
Key West offices: Main, Boulevard. Key West Winll Dixie. Old Town
Lower & Middle Keys Offices: Sugarloaf. Summertand, Big Pine Shopping Center, Big Pine Winn Dixie, Marathon
Upper Keys Offices: Key Largo. Key Largo Tradcwinds Plaza
G22B 5/00 Printed on recycled paper.
AMENDMENT
ARTIFICIAL REEF PREPARATION AND TRANSPORT AGREEMENT
THIS AMENDMENT is made by and between Monroe County, a political
subdivision of the State of Florida, 5100 College Road, Key West, FL 33040, hereafter
the County, and The Legendary Key Largo Chamber of Commerce, a non-profit
. corporation,. 1 06000 Overseas Highway, Key Largo, FL 33037,nereafter KLCC, to an
Agreement dated May 22, 1996, as amended July 16, 1997; May 12, 1999 and October
13, 1999 for the preparation of the surplus Navy ship Spiegel Grove as an artificial reef
and transporting the Spiegel Grove to a site off Key Largo, Florida, where the ship will
be scuttled and turned into an artificial reef, hereafter the original agreement.
1. Subparagraph 1 (b) of the original agreement is amended to read:
1 (b) KLCC must satisfactorily complete its obligations under this Agreement by
December 31,2001.
2. In all other respects, the Agreement dated May 22, 1996 as previously
amended, between the parties and all its attachments remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly
executed this day of 2000.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
By:
By:
Deputy Clerk
Mayor/Chairman
Date:
(SEAL)
Attest:
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERCE
By:
By:
President
Date:
.,C......"ED AS TO FORM
~.;.: . ..;;AL SUFFI I Y.
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04/14/2000 15:27
13054514725
KEY LARGO a-fAMBER
PAGE 01
Legendary
KEY LARGO
106000 Overseas Highway
Key Largo. Florid:il 33037
Fax (305) 451-4726
(305) 451-1414 OI (800) 8n-I088
'WWw.f1oIi<t~ ke ys.org
Cllamber of Commerce
April 14, 2000
From:
Tourist Development Council
AU: Maxine Pancini ~^. /
Karen Tiedemann ~
Corporate SecretaryfT reas rer
To:
Re:
Artificial Reef Preparation and Transport Agreement with the Key
Largo Chamber of Commerce and Monroe County for the Spiegel..
Grove
Due to additional delays from the Environmental Protection Agency and other
minor setbacks, the Spiegel Grove project was not completed by the expiration
date of December 31, 1999 as set forth in the above referenced contract.
Therefore, we are requesting an amendment to the contract:
Please amend Subparagraph 1 (b) of the original Artificial Reef Preparation and
Transport Agreement to read:
1 (b) KLCC must satisfactorily complete its obligations under this
Agreement by December 31, 2001.
Thank you for your prompt consideration of this request.
The First of the Fabulous Florida Keys
Dive Capital of the World
i lRC' .. REEF PREPARATION AND
\Nsr ---Io<r AGREEMENT
This Agreement is made by and between Monroe County, a political subdivision of the State of
Florida. 5100 College Road. Key West. FL 33040. hereafter County. and The Legendary Key Largo
Chamber of Commerce. a non-profit Florida corporation. 105950 Overseas Highway, Key Largo.
Florida 33037. hereafter KLCC. for the preparation of the surplus Navy ship Spiegel Grove as an
artificial reef and transporting the Spiegel Grove to a site off Key Largo. Rorida. where the ship is to
- be scuttled and turned into an artificial reef. The .County and KlCC further-agreeing as foJ/ows:
1. aj The Spiegel GrQve. hereafte(the hulk. is a decommissioned Navy LSD. 510 feet in length
with an 84-foot beam and a vertical height from keel to stack of 94 feet. On the effective date of
this agreement. the hulk is located with the James River Reserve Reet in Fort Eustis. Virginia.
bj KlCC must satisfactorily complete its obligations under this Agreement by July 1. 1997.
2. In order to successfully convert the hulk into an artificial reef. KLCC mY$t-complete the
following tasks:
aj Obtain written verification from a qualified marine engineer that the hulk will remain in
the site authorized and described in Army Permit No. 199502500. hereafter the Permit. during 0
category three hurricane. A copy of the Permit is attached as Exhibit A and incorporated into this
Agreement.
bj An inspection of the hulk for materials considered hazardous by the U.s. Environmental
Protection Agency. hereafter EPA. the Aorida Department of Environmental Protection. hereafter
DEP. the U.S. Coast Guard and the Notional Oceanic and Atmospheric Adminisirctfon. hereafter
NOAA. must be co.nducted by a qualified consultant employed by KLCC. The Consultant must
provide a list of aU hazarqous materials found on the hulk that the EPA requires to be removed. The
consultant must also provide an estimate of the cost of the removal of those hazardous materials
... and the cost of disposal in a manner satisfactory to the EPA.
cj KLCe will furnish $200.000 for funding the tasks set forth in paragraph. 2. If KLCC cannot
raise that amount or if the estimated cost of removal and disposal of the hazardous materials
exceeds $250.000. then KLCe must confer with the County Administrator and the Board of County
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Commissioners to
tern-
if additional funding is la. ,Iy c 'able from any County fund or
account to make up the estimated shortfall and if the County's Board of County Commissioners is
willing to authorize such an expenditure. If the Board. in its sole discretion. declines to make up the
estimated shortfall out of County revenues. then either party may terminate this agreement without
any further liability. duty or obligation to the other.
d) The hazardous materials revealed by the inspection that EPA requires to be removed
must then be removed by a qualified shipyard or marine salvor. The materials so removed must be
. .
disposed of in a manner satisfactory to EPA.
ej The hulk must then be prepared by the qualified shipyard or marine salvor to the
maximum extent possible for diver safety. Diver safety preparation includes the following items:
sealing doors to prevent access by. inexperienced divers to the main deck: removing doors on other
decks: and removing cables that might create or pose a danger. The diver safety wOrK described in
this subparagraph must be performed to the satisfaction of the U.S. Coast Guard.
.
f) Upon completion of the tasks described in subparagraphs 2(b) and 2(d) - 2(e). KlC.C
must provide the County with written verification from the EPA. the DEP. the U.S. Coast Guard and
oJ'
NOAA that the hulk is sufficiently free of hazardous materials to be us~d as an artificial reef.
Additionally. KLCC must provide the County "fith written verification from the U.S. Coast Guard that
the hulk has been sufficiently modified to render it as diver safe as possible.
g) Once the hazardous materials have been removed and the hulk made diver safe.
. KLCC shall make arrangements with the 949th Transportation Company (Aoatlng Croft), U.s. Army
Reserve. to have the hulk towed from the site of the shipyord or marine salvors to the location off Key
Largo. Aorida. described in the Permit. If the 949th Transportation Company is not available. then
KLCC must arrange transportation by a similcrfy qualified entity, preferably a government agency,
subject to the County's approval.
h) When the hulk has arrived at the location described in subparagraph 2(g). KLCC sholl
make crrcngements with local businesses to complete anyiinal prepcrctlons necessary before the
hulk is sunk. Once sunk. KlCC must also make arrangements with local businesses to ensure that any
2
holes cut in the h, .s hul
facilitate sinking have mete... jate~ ~Ided over them to prevent diver
entry jf deemed necessary by the County.
i) When the hulk has arrived at its location at Key Largo - but before it is sunk - KLCC
. .
must notify. and make the hulk available for inspection by. representatives of the EPA. the U.S. Coast
Guard. DEP. and the County. KlCC must correct deficiencies noted by any of those representatives
before the hulk is sunk.
,
jJ When the hulk is finally approved for sinking, KlCC stlall cause the hulk to be sunk by
personnel from the U.S. Naval Special Warfare Center at the location specified in the Permit. The
hulk also must be sunk according to the specifications described in the Permit. If the hulk is not sunk
in conformity with the Permit. then KLCC. at its own expense. must correct whatever nonconformity
that may have occurred.
k) When the hulk has been sunk. KLCC shall then cause the hulk to be-'marked with the
buoys required by the Permit.
.
3. Upon the successful completion of all the tasks required in paragraph 2 KlCC shall submit
an invoice to the County's Director of Marine Resources requesting payment in an amount not to
- .
-
exceed $50.000. The invoice must be in a format satisfactory to the Director and the Clerk of the
Circuit Court. If the invoice is approved by the Director and the Clerk. the County must cause
payment to be made to KlCC in the amount requested.
4. KlCC acknowledges that the County's obligation to make the payment described in
paragraph 3 Is contingent upon the County's receipt of a $50.000 grant from DEP under Sec. 370.75.
Ra. Stat.. and Ch~pter 62R-9. FAC (Artificial Fishing Reef Program). If the g:ant is denied. the County
will have na obligation 'to make any payment to KlCC under parcgrcph 3 or 'fo otherwise
compensate KlCC In any way for carrying out the tasks set forth in parcgrcph 2
S. KlCC must indemnify and hold harmless the County from and against all liability. claims.
damages both incidental and consequential. loss. costs and expenses arising out of. or resultlng
from. any error or omission occurring during the course of carrying out the tasks set forth in
3
pafagraph 2. The je'ml
otion and hold harmless ob. _ .Jtion
this paragraph do not extend to
claims based on injuries occurring after the date the hulk is sunk in conformance with the
Permit. KlCC's purchase of insurance under paragraph 6 and Exhibit B does not alter or effect
KLCC's obligations under this paragraph.
6. At the commencement of this agreement. KlCC must provide evidence that it has obtained
the insurance in the amount and type described in Exhibft B 'in favor of the County. Exhibit B is
attached and incorporated into this agreement. .
7. If KlCC or any of KlCC's subcontractors. including the military units listed above. fail to carry
out their obligations under this agreement. the County may - without limiting any other remedies it
might have - dispose of the hulk in whatever fashion the County determines to be in its best interest.
8. All data. reports. and other documents produced or obtained in the course of carrying out
the tasks in paragraph 2 are and will remain the property of the County and musf '6e delivered to
the County's Director of Marine Resources before the County may make any payment to KLCC.
.
9. Records of ncc's personnel payroll expenses. costs and other expenditures pertaining to
the tasks set forth in paragraph 2 and the records of the account between the County and KlCC
must be kept on a generally recognize~ accounting basis and must be available to representatives
of the County and the Rorida DEP during normal business hours. ncc must keep the records for a
period of three years following the payment described in paragraph 3.
10. KLCC is an independent contractor. Nothing in this agreement creates a contractual
relationship between any third party and the County or creates any rights in favor of a third party.
including KlCC's subcontractors and materialmen. vis a vis the County.
11. KlCC acknowledges that all records. data. and documents pertaining to the paragraph 2
tasks are public records under Chapter 119. Ra. Stat. As a result. they must be made availabLe at a
reasonable time and place upon the request of any member of the public. Failure to do so is a
breach of this agreement immediately terminating the County's obligation to make any payment to
KLCC.
4
12. This agree .It h
)een carefully reviewed by .
1 KLr and the County. Therefore. this
agreement is not to be strictly construed against either party on the basis of autho~hip.
13. This agreement represents the parties' final and mutual unde~tanding. It replaces any
earlier agreements or unde~tandings. whether written or oral. This agreement cannot be modified
or replaced except by another signed agreement.
14. Nothing in this agreement should be read as modifying the applicable statute of limitations.
The waiver of the breach of any obligation of this .ogreement does not waive another breach of that
or any other obligation.
1 S. KLCC warrants that it has not employed. retained or otherwise had act on its behalf any
former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990
or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may. in its discretion. terminate this agreement-without liability
and may also. in its discretion. deduct from the amount due under paragraph 3. or otherwise
recover. the full amount of any fee. commission. percentage. gift. or consideration paid to the
former County officer or employee.
16. This agreement is governed by the IO'NS of the State of Rarida. Venue for any disputes
arising under this agreement must be in Monroe County. Rorida.
17. ncc agrees that it will not unlawfullY discriminqte against any of its employees or
applicants for employment because of their race. color. religion. sex. national origin or disability.
KLee must insert a provision similar to this paragraph in any subcontracts awarded under this
contract except those for the purchase of commercial supplies and raw materials.
18. All communication between the parties should be through the following individuals:
Monroe County
George Garrett.
Director of Marine Resources
2798 Ove~eas Highway
Marathon. FL 33050.
(305) 289-2500
~
Ginna Thomas Drake.
Executive Director
Key Largo . ehamb~ of Camm~ce
103400 Overseas Highway
Key Largo. FL 33037
5
-
19. This agree. ~nt tc effect on the date of the si~ ..Jture 'he last party to sign.
IN WITNESS WHEREOF. each party has caused this Agreement to be executed by its ~uly
authorized representative.
(SEAL)
Attest: DANNY L KOLHAGE. Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By
By
-
Deputy Clerk
M~or/Chairman
Date:
(SEAL)
Attest:
KEY LARGO CHAMBERS
OF COMMERCE
By
By.rA/:'~JJ{J~ BAA Ib
Executive Director
Date:
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AMENDMENT 1
AR11RClAl REEF PREPARATION AND TRANSPORT.AGREEMENT
THIS AMENDMENT is mode by and between Monroe County. a polificaJ subdlvlslon of the State of
RondQ. 5100 College Rood. Key West, FL 33040. hereafter the County. and The Legendary ~ey largo
Chamber of Commerce. a l1on-profit corporation. .105950 Ov~eo.s Highway, Key largo. FL 33037,
hereafter KLCC. to an Agreement for the ~ation of the $UfPIu$ Navy ship Spiegel Grove as an
artificic1 reef and transporting the Spiegel ~ve ~~ ~ site o~ Key largo, Rorida. where the ship Will be
scuttled ond tvrned Into on ortfflcfal reef. heredfter the original 'agreement.
1} Subparagraph l.b) of the original agreement Is amended to read:
1 bJ t.::LCC must satlsfc~ority complete lb obDgations under this Agr8ement by
December31,1997.
2' Paragraph 6 of the original agreement fs amended to read;
6. Before beginning the work. de$crfbed In pan:vaph 2. the ncc must
provide evidence that It has obtained the Insurance In the amount and type
described In exhibit B in fevor of the. County. ExhIbit B is attached and Incaporated
Into this agreement. In lieu of the Irmronce d8$crfbed in Exhibit B. file KLCC. mgy
furnish evidence scrlisfactory to the County's 'Risk Management Director that the
nce's contractors or SUbcontroctorl ore svfflcJently Insured. or sufflclentty self-insured.
so that the County's risk of loss due to the negrlgent acts or omissions of others or ciue
to acf$ of God is minimal
3.' tn an other respects. the Agreement between the port\e$ ond cJl i'b ottachments remain in
fuD force and effect.
IN WITNESS WHEREOF, the parties hove caused this Amendment to be duly executed thb 16th
day of July. 1997.
Date
(SEAl)
Attest;
By
THE lEGENDARY KEY lARGO
CHAMBER Of COMMERCE
BY.,Ip./~"\A AJ.J~ f1~
Executive Director
Date
Jconivortrecl
AMENDMENT 1/
I"
ARTIFICIAL REEF PREPARATION AND TRANSPORT AGREEMENT
THIS AMENDMENT is made by and between Monroe County. a political subdivision of the State of
Florida. 5100 College Road. Key West. FL 33040. hereafter the "County." and The Legendary Key
Largo Chamber of Commerce. a non-profit corporation. 105950 Overseas Highway. Key Largo. FL
33037. hereafter "KLCc''' to an Agreement for the preparation of the surplus Navy ship Spiegel Grove
as an artificial reef and transporting the Spiegel Grove to a site off Key Largo. Florida. where the ship
will be scuttled and turned into an artificial reef. hereafter the original" Agreement."
1) Subparagraph 1 (b) of the original agreement is amended to read:
1 (b) KLCC must satisfactorily complete its obligations under this Agreement by
December 31. 1999.
2) Paragraph 6 of the original agreement is amended to read:
6. Before beginning the work described in paragraph 2. the KLCC must
provide evidence that it has obtained the insurance in the amount and type
described in Exhibit B in favor of the County. Exhibit B is attached and incorporated
into this agreement. In lieu of the insurance described in Exhibit B. the KLCC may
furnish evidence satisfactory to the County's Risk Management Director that the
KLCC's contractors or subcontractors are sufficiently insured. or sufficiently self-insured.
so that the County's risk of loss due to the negligent acts or omissions of others or due
to acts of God is minimal.
3) In all other respects. the Agreement between the parties and all its attachments remain in
full force and effect.
IN. .lfN.ES'S.~' .
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Attest .. UA'NN~-.l!.4(1 HAGE. Clerk
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the parties have caused this Amendment to be duly executed this
.1999.
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
~~~
By ,
Mayor/Chairman
(SEAL)
.~ ttest:
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERCE
8y'
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Ba~~~~8~
Executive Director
Date
jconivartreef
DATE
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MONROE COUNTY, FLORIDA
ARTIFICIAL REEF PREP ARA nON AND TRANSPORT AGREEMENT
EXHIBIT B - INSURANCE REQUIREMENTS
During the tasks specified in paragraphs 2a and 2b, KLCC shall obtain or provide evidence of the
following insurance with the County named as an additional insured:
Commercial General Liability
General Liability insurance, with any exclusions relating to watercraft removed, provided on an
"Occurrence" basis with J imits of no less than $ I mill ion and coverages to include:
· Premises Operations
· Products and Completed Operations
· Blanket Cootract.ual Liability
· Porsonallnjury Liability
· Expanded Definition of Property Damage
Specialized Marine Insurance shall be acceptable, if the protection provided is no less restrictive
than specified above. . ,
Professional Liability
Professional Liability insurance with limits of no less than S 1 million per occurrence and ~2
million annual aggregate, which will respond to damages resulting from any claim arising .out of
. the perfonnance of professional services or any error or omission of the consultant (as specified in
2b) arising out of work governed by this agreement.
During the tasks specified in paragraphs 2d and 2e, KLCC shall obtain or provide evidence of tile
following insurance with the CoWlty named as an additional insured on all policies, except for
Workers' Compensation.
Commercial General Liability
General Liability insurance, with any exclusions relating to watercraft removed, provided on an
"Occurrence" basis with limits of no less than $1 million and coverages to include:
· PremIses Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded DefinitIon of Property Damage
Specialized Marine Insurance shall be acceptable, if the protection provided is no less restrictive
than specified above.
AMENDMENT II
ARTIFICIAL REEF PREPARATION AND TRANSPORT AGREEMENT
THIS AMENDMENT is made by and between Monroe County, a political
subdivision of the State of Florida, 5100 Col1ege Road, Key West, Fl 33040, hereafter
the County, and The legendary Key largo Chamber of Commerce, a non-profit
corporation, 106000 Overseas Highway, Key largo, Fl 33037, hereafter KlCC, to an
Agreement dated May 22, 1 996, as amended July 16, 1997 for the preparation of the
surplus Navy ship Spiegel Grove as an artificial reef and transporting the Spiegel Grove
to a site off Key largo, Florida, where the ship will be scuttled and turned into an
artificial reef, hereafter the original agreement.
1. paragraph 3 of the original agreement is amended to provide for payment in the
amount of $268,000.00.
2. Paragraph 4 of the original agreement is deleted.
3. In al1 other respects, the Agreement as previously amended, between the parties
and all its attachments remain in full force and effect.
L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
By:
~~c.~
Deputy Clerk
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By:
Mayor/Chairman
Date:
10 - I 3 - 99
(SEAL)
Attest:
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERC
~~~~
By:
By:
Date: c/~tJ-11