9th Amendment 07/17/2002
NINTH AMENDMENT TO AGREEMENT
(Additional Fundina from DAC V and DAC IV)
THIS ADDENDUM to agreement is made and entered into this I lilt day of k
2002, between the Monroe County Board of County Commissioners and The Legendary Key
Largo Chamber of Commerce.
WHEREAS, on May 22, 1996, the parties entered into a contract for the preparation,
transportation, and scuttling of the surplus Navy ship Spiegel Grove to be turned into an
artificial reef, and said contract was amended July 16, 1997; May 12, 1999 ; October 13, 1999;
May 18, 2000; August 16, 2001; December 20, 2001; February 14, 2002 and March 20,
2002,and
WHEREAS, it is desired to contract to provide an additional $200,000 for said
placement of the Spiegel Grove for establishment of an artificial reef, and
WHEREAS, the Tourist Development Council has recommended the same action; and
WHEREAS, the County Commission, at its meeting of June 19, 2002, approved item P-
14, which indicated amendments according to an attached memorandum; and
WHEREAS, all of the items listed in said memo are items which are already included in
the existing agreement as subsequently amended but such inclusions may be by non-specific
reference, as for example to Permit #FKNMS-22002-019 which was issued after the expiration
of Army Permit #199502500; and
WHEREAS, it is desired to summarize the various requirements of the original
agreement and prior eight amendments and the current permit in one document;
NOW THEREFORE, the parties agree as follows:
1. Upon said placement of the Spiegel Grove on the ocean bottom in compliance with all
applicable laws and regulations, and receipt of documentation in accordance with the
Clerk's requirements to show that the Chamber has completed all of its obligations under
the agreement as amended, the County shall reimburse the chamber an amount of
$200,000 in addition to the sum of $568,000 which has been contracted through the
agreement dated May 22, 1996, as amended July 16, 1997; May 12, 1999 ; October 13,
1999, May 18, 2000, August 16, 2001, December 20, 2001, February 14, 2002 and March
20, 2002.
2. The following items are accepted as points of compliance which have been established
previously through contract or permit requirements:
· KLCC MUST PROVIDE BUSINESS PLAN FOR MONITORING AND REPORTS
· KLCC MUST PROVIDE EXECUTED CONTRACT BElWEEN CONTRACTORS & KLCC FOR EACH SEGMENT
FOR WHICH REIMBURSEMENT IS REQUESTED
· COMPLIANCE WITH ARMY PERMIT No. 199502500 AND SUBSEQUENT U.S. DEPARTMENT OF
COMMERCE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATIVEION, NATIONAL OCEAN
SERVICE PERMIT # FKNMS-2002-019AND PERMIT MODIFICATIONS TO LATTER, IF SPIEGEL GROVE
REMAINS ON SIDE, SINCE PERMIT REQUIRES SHIP BE IN UPRIGHT POSITION
· PROOF THAT KLCC FURNISHED $200,000 FOR FUNDING THE TASKS SET FORTH IN PARAGRAPH 2 OF
THE ORIGINAL AGREEMENT
Ninth Amendment to Agreement for Spiegel Grove
1
. ~ KLCC MUST PROVIDE COUNTY WITH WRITTEN VERIFICATION FkOM THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (DEP), THE US COAST GUARD AND NOAA THAT THE HULK IS
SUFFICIENTLY FREE OF HAZARDOUS MATERIALS.
. KLCC MUST PROVIDE COUNTY WITH WRITTEN VERIFICATION FROM THE US COAST GUARD THAT THE
BULK HAS BEEN SUFFICIENTLY MODIFIED TO RENDER IT AS DIVER SAFE AS POSSIBE
. IF KLCC DID NOT UTILTIZE THE 949TH TRANSPORTAITON COMPANY, US ARMY RESERVE TO HAVE
HULK TOWED TO SITE, KLCC MUST PROVIDE DOCUMENTATION SHOWING THAT THE TOWING PLAN
ACTUALLY USED WAS APPROVED BY THE MARINE RESOURCES DIRECTOR
. KLCC SHALL VERIFY THAT ANY HOLES CUT IN THE HULL TO FACILITATE SINKING HAD METAL PLATES
WELDED OVER THEM TO PREVENT DIVER ENTRY AS REQUIRED BY COUNTY AND FKMS (SANCTUARY)
. PROOF THAT KLCC, PRIOR TO SINKING, NOTIFIED REPRESENTATIVES OF DEP, EPA, THE US COAST
GUARD, DEPT AND THE COUNTY THAT THE HULK WAS AVAILABLE FOR INSPECTION.
. KLCC MUST CORRECT DEFICIENCIES AS REQUIRED BY FKMS & COUNTY MARINE RESOURCES
DIRECTOR
. IF KLCC DID NOT CAUSE THE HULK TO BE SUNK BY PERSONNEL FROM US NAVAL SPECIAL WARFARE
CENTER AT THE LOCATION SPECIFIED IN PERMIT OR AS PER SPECIFICIATION DESCRIBED IN THE
PERMIT THEN KLCC, AT ITS OWN EXPENSE, MUST CORRECT WHATEVER NONCONFORMITY TO THE
SATISFACTION OF FKMS IS NECESSARY TO GET THE PERMIT MODIFIED ACCORDINGLY
. KLCC SHALL VERIFY THAT THE HULK IS MARKED WITH THE BUOYS REQUIRED BY PERMIT
. KLCC MUST SUBMIT AN INVOICE TO DIRECTOR OF MARINE RESOURCES REQUESTING PAYMENT.
INVOICE MUST BE IN A FORMAT SATISFACTORY TO THE DIRECTOR AND THE CLERK AND APPROVED
BY BOTH
. KLCC SHALL PROVIDE DOCUMENTATION VERIFYING THE 50% MATCH ACCEPTABLE BY CLERK AND
REVIEWED BY DIRECTOR OF MARINE RESOURCES FOR REASONABLENESS
. KLCC SHALL PROVIDE DOCUMENTATION TO SHOW THAT THE CAPTAIN OF THE PORT ORDER MSDAR
02-001 WAS COMPLIED WITH.
3. All other provisions of the agreement dated May 22, 1996, as previously amended, and not
inconsistent herewith shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and
~~..above written.
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APPROVED AS TO FORM
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Ninth Amendment to Agreement for Spiegel Grove
2