Resolution 052A-1988
Monroe County Commission
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RESOLUTION NO. 052A-1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHO-
RIZING THE MAYOR TO EXECUTE AN AGREEMENT
(JOINT COVENANT NOT TO SUE) BY AND BETWEEN
THE FLORIDA DEPARTMENT OF TRANSPORTATION AND
MONROE COUNTY, FLORIDA, BOARD OF COUNTY
COMMISSIONERS CONCERNING ACROW DETOUR
BRIDGING.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That the Mayor is hereby authorized to execute an
Agreement (Joint Covenant Not to Sue) by and between the Florida
Department of Transportation and Monroe County, Florida, Board of
County Commissioners, a copy of same being attached hereto,
concerning acrow detour bridging.
2. The Clerk of the Board is hereby authorized to forward a
certified copy of this Resolution and executed Agreement (Joint
Covenant Not to Sue) to the Department of Transportation,
Attention J. Worth Owen, Attorney.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 19th day of January, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By,g~; _.?
MAY CHAIRMAN
(SEAL)
Attest DANNY L. KOLHAGE, Clerk
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This agreement is made this ____ day of __________, 1988,
between the Florida Department of Transportation (F.D.O.T.) by
Tom Bateman, General Counsel and Monroe County, Florida, Board
of County Commissioners (Monroe County by ____________________,
Chairman.
The parties stipulate that:
1. The parties entered into a Memorandum of Agreement on
July 26, 1982, a copy of which is attached and made a part hereof
by reference.
2. That F.D.O.T. asserts a claim against Monroe County, for
unreturned Acrow Detour Bridging furnished to the County under
the Memorandum of Agreement in the sum of $13,978.16.
3. The Monroe County, Florida, County Commission asserts
a claim against F.D.O.T. for one months over payment of rental
on the Acrow Detour Bridging rented from F.D.O.T. under the
Memorandum of Agreement in the sum of $7,155.00.
4. The parties wish to reach a full and final settlement of
all matters and causes of action arising out of the facts and
claim as hereinbefore set forth.
In consideration of the covenants set forth below, the
parties jointly agree as follows:
A. F.D.O.T. covenants not to sue Monroe County on its
asserted claim in paragraph number 2. above.
B. Monroe County covenants not to sue F.D.O.T. on its
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asserted claim in number 3. above.
The execution of this agreement shall in no way be construed
to be an admission of liability by either party with respect to
matters in controversy set out above. Neither party has agreed
to do or promised to do any act or thing not contained in this
agreement.
In Witness Whereof, the parties have caused these presents
to be executed, the date and year first above written.
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
by:
THOMAS-H~-SAfEMAN:-TTT-----
GENERAL COUNSEL
MONROE COUNTY FLORIDA
BOARD OF COUNTY COMMISSIONERS
by:
I2r~;-~
CHATRMAN------------------
DANNY L. KOLHAGE, Clerk
attest:
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iCl""'~ ;\ff:-D AS TO FOPM
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J\:lE;\lORANDU~) OF AGREE/dENT
THIS AGREE~'IENT, made and entered into thi~ 26 t h day of J u 1 y
, 19 e 2
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by ~nd between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
agency of the State of Florida, hereinafter referred to as the "Department": and the
Monroe County Board of County Commissioners, hereinafter referred to as the
"County".
WITNESSETH:
WHEREAS, the Depa_rtment has made available to the County
270
feet
of prefabricated sectional bridge superstructure (A crow) to meet emergency needs of
the County, the understanding of the parties as to terms of delivery and use by County
to be incorporated in written Agreement.
NOW, THEREFORE, in consideration of the premises and the covenants
contained herein thl? parties agree:
1. The Department does lease to the County the above described bridge
superstructure, this Lease Agreement effective
end
to continue in effect until such time as terminated by either party upon 30
days notice and termination to be effective upon return of the bridge
superstructure and receipt by the Department.
2.
The County shall pay to the Department rent of $ 7 ,155.00
per
month beginning
September 1, 1982
and each month
thereafter until termination of this Agreement. The total rental -is not to
excee~.OJ_,3_2_5....o.0.__ .
3. The County at County expense shall return the bridge superstructure to the
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Department's yards located at Orlando in. as g~s".con:d,i~ion as when
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received by the County normal wear ~a te~~xce~~8. Th~ County will
pay the Department the cost to repJ~y '!ag~ and :':: replace any
parts necessary to restore the bridge superstructure to as good conditions
as when received by the County.
4. The County shall indemnify, defend, save and hold harmless the
Department from all claims, demands, liebilites, and suits of any nature
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whatsoever arising out of, because of or due to the breach of this
agreement by the County, its agents or employees, or due to any act or
occurrence of omission or commission of its contractor, its agents, or
employees.
It is ;pccific;l1Jy uCld12-rstood und cg:-eed that this
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IN \\'lT~ES~, \,,'HEREOF, the parties hove CijU ;..:tj lil',:~I,: ?rC:iellb to i)(; '.::.;(:.;:uh.c,
the day and year first above written.
STATE OF FLORIDA DEPARTJ\JENT OF
TRANSPORTATION
BY:
~~"ector
BY:
MONROE COUNTY B .
COMi\IISSIONERS
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'George E.
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D~:i:ezal
TITLE:
Chairman
ATTEST:
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TITLE:
Clerk to the Board
APPROVED BY DIRECTOR OF MAINTENANCE
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