09/08/1999 Agreement
MEMORANDUM OF AGREEMENT
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ~(")~ g :;;
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MONROE COUNTY g;.,!- ~ d
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This AGREEMENT, entered into this ~ day of S ~{ ,1999 by ~:-b~e6llthg
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, a componen1"ligtfflt::y ~thE
State of Florida, 1000N.W. 11lthAvenue, Miami, Florida 33172, herein called the DEPARTMENr
and MONROE COUNTY a political subdivision of the State of Florida, 5100 College Road, Key
West, Florida 33040, herein called the COUNTY.
WITNESSETH
WHEREAS, the purpose of this Agreement is to allow the COUNTY to assume certain maintenance
responsibilities for the Old Seven Mile bridge deck from Knights Key to Pigeon Key; and
WHEREAS, as in 1983 the DEPARTMENT replaced the Old Seven Mile bridge with a new
structure; and
WHEREAS, a portion of the Old Seven Mile bridge from Knights Key to Pigeon Key provides for
access to Pigeon Key which is owned by the COUNTY; and
WHEREAS, the parties recognize and agree that the Old Seven Mile Bridge from Knights Key to
Pigeon Key has become a focal point of interest for the citizens and visitors of the COUNTY; and
WHEREAS, the parties believe that this Agreement is in the best interests of the residents of the
State of Florida and for a worthwhile purpose.
NOW THEREFORE, for and in consideration of the mutual benefits, the parties covenant and agree
as follows:
1. The COUNTY agrees to be responsible for the maintenance of the Old Seven Mile bridge
deck from Knights Key to Pigeon Key.
2. Maintenance of the deck will consist of: sweeping, litter and debris removal, and minor
asphalt repair (i.e., patching and/or filling potholes).
3. The COUNTY agrees to limit access to the bridge to pedestrians and those vehicles
authorized by the COUNTY to access Pigeon Key.
4. To the extent provided by section 768.28, Florida Statutes and any other governing
statutory provision and/or rules, the COUNTY will hold harmless the DEPARTMENT from any
claim arising from the routine maintenance of the bridge structure described in the above stated
Memo. of Agreement
Knights Key/Pigeon Key
Page 2 of2
paragraph 2.
5. The COUNTY agrees to conduct routine work needs surveys of the deck and report to the
DEPARTMENT the location and description of any deficiencies to the signing, handrails, or asphalt
bridge deck surface (major asphalt repairs).
6. The DEPARTMENT agrees to schedule the correction of critical deficiencies identified
through the bridge inspection process or m~ior repairs as reported by the COUNTY under (5) above.
7. The DEPARTMENT agrees to conduct routine bridge inspections, as required by section
335.074, Florida Statutes.
8. The DEPARTMENT agrees to control activities on the bridge through its permitting process
(utility and filming).
9. To the extent provided by section 768.28, Florida Statutes and any other governing
statutory provision and/or rules, the DEPARTMENT will hold harmless the COUNTY from any
claim arising from the major repairs, bridge inspections and permits described in the above stated
paragraphs 6-8,
10. All notices, requests, demands, consents, approvals and other communication which are
required to be served or given hereunder, shall be in writing and shall be sent by registered mail or
certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such
notices as follows:
To Department:
Florida Department of Transportation
1000 Northwest Illth Avenue., Room 6207
Miami, Florida 33172-5800
Attention: Director of Operations
To County:
Monroe County Public Works
5100 College Road
Key West, Florida 33040
Attention: Director of Public Works
Either party may, by notice given as aforesaid, change its address for all subsequent notices. Notices
given in compliance with this section shall be deemed given when placed in the mail.
11. This writing embodies the entire agreement and understanding between the parties hereto and
there are no other agreements and understanding, oral or written reference to the subject matter
hereof that are not merged herein and superseded hereby.
Memo. of Agreement
Knights KeylPigeon Key
Page 3 of3
12. This Agreement is nontransferable and nonassignable in whole or in part without consent of
the DEPARTMENT.
13. This Agreement shall be governed by the laws of the State of Florida.
14. This Agreement shall become effective upon the date of execution.
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STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
AUTHORIZED SIGNATURE
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COUNTY CLERK (Seal) E TIVE SECRE Y
REVIEWED BY LEGAL
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COUNTY AT RNEY
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