01/13/1999 Agreement
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING dated this ii_ttday of
J trf'J U A-f:--Y ,199~ is entered into by and between the Board of County
Commissioners for Monroe County, hereinafter "COUNTY," and the Looe Key
Artificial Reef Association, hereinafter "ASSOCIATION;"
WHEREAS, COUNTY has contracted to pay Schurger Diving and Salvage, Inc.
a sum certain for the successful deployment of the freighter Adolphus Busch
a/k/a Ocean Alley to establish an artificial reef site; and
WHEREAS, the ASSOCIATION was instrumental in convincing the COUNTY of
the benefit to the public and the boost to the tourist economy wJ:lich the
o 0 \.0
Z ):> \D
establishment of an artificial reef structure would create; g2~~~ r:a
NOW THEREFORE, in consideration of the covenants herein, the c~fa~
:;.;:: ;"". c: :z:.
-In' :x
ASSOCIATION agree to the following: =<-/::c _
" '.:t> 9
r- C) l'\)
1 ) ASSOCIATION, in consideration of the December 5, 1998 final p1ad~'?nem
on the sea bottom of the Adolphus Busch 1, shall complete a final stability
analysis of the Adolphus Busch 1 and its four deployed anchors for a one hundred
year storm event.
2) Monitoring the wreck shall include, but not be limited to, regular
assessments of changes to the diving activities at adjacent reefs (primarily Looe
>>
Key), changes in fish abundance and diversity at the Adolphus Busch 1 Artificial
Reef site (hereinafter "The Site"), and integrity of sealed closures and anchors.
ASSOCIATION shall provide to the County Marine Resources Department, on a
quarterly basis, reports of its monitoring activity and assessments of changes.
:!1
r-
/TJ
t:J
"
o
::0
:A)
rrJ
n
o
:::0
o
3) The ASSOCIATION'S obligation under this memorandum of understanding
is provided in consideration of, and contingent upon, the COUNTY'S payment of
$50,000.00 to Schurger Diving and Salvage, Inc. for the successful deployment of
the Adolphus Busch 1 a/k/a Ocean Alley off the Florida Keys.
4) ASSOCIATION shall retain all records concerning its fulfillment of the
memorandum of understanding for period of three years after termination of this
agreement.
5) At all times and for all purposes hereunder. the ASSOCIATION IS an
independent contractor and not an employee or agent of the County.
6) In carrying out its obligations under this memorandum of understanding,
association shall abide by all statutes, ordinances, rules and regulations pertaining
to the provisions of this agreement, including those now in effect and those
hereafter adopted.
7) ASSOCIATION covenants and degrees to indemnify and hold harmless
COUNTY from any and all claims for bodily injury (including death). personal
injury, and property damage (including property owned by COUNTY) and any
other loss, damages, and expenses (including attorney's fees) which arise out of,
in connection with, or by reason of services provided by ASSOCIATION, its
employees or agents.
I
8) This agreement, its performance, and all disputes arising hereunder shall
be governed by the laws of the State of Florida, and both parties agree that
property venue for any actions shall be in Monroe County.
9) This agreement shall terminate three years subsequent to the successful
deployment of the Adolphis Busch 1 a/k/a Ocean Alley to the ocean floor, as of
2
December 5, 1998. Documentation of the actual deployment will be retained by
both parties.
10) ASSOCIATION agrees that any agent or employee performing services
under this memorandum of understanding shall be covered by appropriate
insurance for diving professionals and dive operators. COUNTY reserves the right
to demand proof of insurance coverage at any time during the term of this
agreement.
11) This memorandum of understanding constitutes the entire agreement of
the parties hereto and supersedes any and all prior agreements with respect to
subject matter between the parties.
12) Any written notice to be given to either party under this agreement shall
be addressed and delivered as follows:
For Association:
LoaeRey Artificiql Reef Association
~ Box -5.OS -- _
~~YT PI. 3J042
- -.
I
-
For County:
Director of Marine Resources,
Monroe County Regional Service Center
2798 Overseas Hwy. MM 47.5 Gulf
Marathon, Florida 33050.
IN WITNESS WHEREOF, the parties hereto have caused this memorandum of
ak/ contract / adolph.doc
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. .. ~
BY~-:~ ~~
Mayor/Chairman
ARTIFICIAL REEF ASSOCIATION
3