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12/13/2000 Agreement 1JBannp lL. Itolbage BRANOI OFFICE 3117 OVERSEAS HIGHWAY MARAlHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANOI OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: January 10, 2001 TO: Dent Pierce, Director Public Works Division FROM: Beth Leto, Administrative Assistant Public Works Division pamclaG.Han~ Deputy Clerk U ATTN: At the December 13,2000, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Road Adoption Agreement between Monroe County and Keyholz for Long Beach Drive, Big Pine Key. Enclosed please find a duplicate original of the above for your handling: Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o documents Risk Management w/o documents County Attorney Finance File ,/ This Agreement entered into this /3 P( day of.P (OE.;YI~ 2000, between the Board of County Commissioners of Monroe County (hereinafter referred to as "County"), 500 Whitehead Street, Key West, Florida 33040 and KEYHOLZ, 1749 Long Beach Drive, Big Pine Key, Florida 33043; WHEREAS, KEYHOLZ wishes to adopt and remove litter from Long Beach Drive, Big Pine Key, Florida. WHEREAS, the County is in need of litter removal from Long Beach Drive, Big Pine Key, Florida; now therefore, IN CONSIDERATION of the mutual covenants below: 1. CONTRACT PERIOD. This Agreement shall commence 10 days after date fully executed and shall continue until such time as either party provides to the other proper written notice of termination pursuant to paragraph 4. 2. SCOPE OF AGREEMENT. KEYHOLZ shall be responsible for quarterly removal of litter on Long Beach Drive right of way from U.S. 1 to the end of Long Beach Drive. Keyholzagrees to notify the County Engineer prior to and after each litter removal. 3. CONSIDERATION. n consideration for the above service, the County shall erect two (2) signs of 12"x36" proportions which shall read: :r CJ C) -11 C) _ 7 h r= 4. TERMINATION. This Agreement can be terminated by e~ ~ f"71 without cause, provided that sixty days prior written notice is given to the <@2f ~ ~ County may terminate immediately upon providing to KEYHOLZ written ~~ofC) g termination for non-compliance with the requirements herein. ~~~ ~ ;7.:) :<.. .:r: rrt "'" ';> .r:- ("') 5. VOLUNTEERS. KEYHOLZ agrees to assure the County Jijat F.ij.ch.;.Rd g every volunteer will complete and submit to the County, a civic Volunteer' Corps Co.;) 0 Application form. A current list of volunteers, along with completed forms will be provided when necessary to the County by KEYHOLZ for the duration of this Agreement. ADOPTED BY: KEYHOLZ 6. AMENDMENT. This Agreement may be amended by the mutual consent of both parties when said amendment is committed to writing and signed by the Mayor for the BOCC of Monroe County or the Mayor's designee. Page I of2 7. COMPLIANCE WITH LAWS. In providing all services to the Agreement, KEYHOLZ shall abide by all Statutes, Ordinances, rules and regulations pertaining to or regulating the provisions of such accommodations including those now in effect and those hereafter adopted. Any violation of said Statutes, Ordinances, rules and regulations shall constitute a material breach of this Agreement, and shall entitle the County to terminate this Agreement immediately upon delivery of written notice of termination to KEYHOLZ. 8. INDEPENDENT CONTRACTOR. While providing services under this Agreement, KEYHOLZ is an independent Contractor and not an officer, employee, or agent of the County. 9. SIGNATORY. Each of the signatures for KEYHOLZ below certifies and warrants that they are empowered to act and contract for KEYHOLZ; and that, if a corporation, this Agreement has been approved by the Board of Directors of KEYHOLZ. 10. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement of the parties hereto with respect to the subject matter hereof. 11. CONSENT TO nJRISDICTION. 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 a proper venue for any action shall be in Monroe County. IN WIlNESS WHEREOF, the parties hereto have executed this Agreement as of the first date above written. KEYHOLZ \ ~)j Witness Page 2 of2