01/08/1974 r ..
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CONTRACT AND AGREEMENT •
THIS AGREEMENT, dated this ,? " day of
Y Jy}nv,aY`3
A.D., 199 by and between the Department of Natural Resources,
Division of Recreation and Parks, hereinafter referred to as
Department, and the Monroe County
hereinafter referred to as County
W I T N E S S E T H:
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That in and for the mutual covenants between the •
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Department and the County , it is agreed as follows:
1. The Department has found recreation to be the prime
purpose of the project known as. SombrPro Reach Park
. and has agreed to enter into this contract with the County
for construction of recreational facilities on real property,
the title of which is held by the roomy
such real property more specifically described in Exhibit "A,"
attached.
2. The County agrees to cause the construction
of certain recreational development at the above rftentioned
project, such development being in accordance with project
- plans attached hereto and made a part -of this Agreement as
Exhibit "B."
3. The County agrees to operate and maintain
said recreational facilities at its own expense and covenants
that it has the full legal authority and financial ability to
so operate and maintain said facilities.
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4. The County agrees to appoint a liaison agent
to be responsible for the successful completion of the project,
the prompt implementation of the articles,of this Agreement,
and the submission of progress reports at least every thirty (30)
days from the date of the execution of this Agreement until the
project construction is certified complete. -
5. The Department agrees to hold in account the sum
of FIFTY EIGHT THOUSAND NINETY FIVE DOTJ.ARS (558,095.00)
to be expended for the construction of recreational facilities
as shown on Exhibit '!B" attached. Any portion of said funds
may be released at the discretion of the Department upon
official billing by the ,County Such billing shall
include a certification of the satisfactory completion of that
work which is the subject of said billing.
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6. The County agrees to commence construction
of the project within Four (4) months, such period
beginning on the date of the execution of this Agreement,
and further agrees to complete said project within Ten (10)
months from the starting date of construction. In the event
that construction of the project is not complete within the
contract period, the Department reserves the right to de-
obligate any and all remaining funds originally approved for
said project.
7. The County hereby, with and through this
Contract, dedicates the Sombrero Beach Park
a recreation area in perpetuity to be offered to the general
public for recreational purposes only.
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8. The County agrees to return to the
Department its original contribution of FIFTY EIGHT THOUSAND
NINETY FIST; DOLLARS ($58,095) in the event that the herein
described recreation area becomes utilized for purposes other
than recreation.
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9. The Department reserves the right to inspect. the
site and facilities, as well as the right to audit any and
all financial records pertaining to this project at reasonable.
times,
10. Any inequities that may subsequently appear in
this Contract shall be subject to negotiation upon written
request of either party, and the parties agree to negotiate
in good faith as to any such inequities.
11. This Contract is executed in duplicate, each copy
of which shall for all purposes.be considered an original.
12. IN v`1ITNESS WHEREOF, the parties hereto executed
this Contract on the day and year first above written.
EXECUTIVE BOARD OF THE
DEPARTMENT OF NATURAL RESOURCES
ow-
v: , �.
Ra dolph -- odges, Ex_ utive Director
Its Agent for this Purpose
A _test :
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS •
BY:
& Jack K. Burke
Agent for this Purpose
Attest
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