Resolution 498-1988
Commissioner Mike Puto
RESOLUTION NO. 498 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR/CHAIRMAN OF THE BOARD TO
EXECUTE AN EQUIPMENT LOAN AGREEMENT BY AND
BETWEEN FLORIDA KEYS LAND TRUST, INC. AND
MONROE COUNTY CONCERNING THE USE OF A CHIPPER
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute an Equipment Loan Agreement by and
between Florida Keys Land Trust, Inc. and the County of Monroe, a
copy of same being attached hereto, concerning the Florida Keys
Land Trust, Inc. 's use of wood-chipping equipment owned by Monroe
County, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the I/6-J day of Octf)Jpr , A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By &~_.?
ay al.rman
(Seal)
Attest :'oAN"NY L. KOLHi'1..GE, Clerk
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EQUIPMENT LOAN AGREEMENT
THIS AGREEMENT made this day of October, 1988,
between the County of Monroe (COUNTY), and the Florida Keys Land
Trust, Inc., a Florida not for profit corporation (TRUST).
RECITAL
The COUNTY is the owner of the following described
wood-chipping equipment: Astlundh Brush Chipper 10 No. 0974-56,
and agrees to loan said Chipper to the TRUST under the following
terms and conditions:
1. LOCATION OF USE: The Chipper shall be used at the
Crane Hammock property in Marathon and at no other location
unless the written permission of the COUNTY is previously ob-
tained.
2. TERM: This agreement contemplates that the Chipper
will be used for two (2) working days in October and one. (1)
working day in November, 1988. The exac t days of use are
presently unknown and shall be determined later by oral request
made by the TRUST.
3. MAINTENANCE AND REPAIR: The TRUST agrees to maintain
and repair the Chipper as necessary while under its control and
to return it to the COUNTY in as good condition as when received.
The COUNTY affirms that the Chipper has been recently overhauled
and is in excellent condition.
4. The wood chips produced in the operation shall be the
property of the TRUST. The COUNTY does not want any of the chips
and assumes no responsibility for them.
5. TITLE: Title to the Chipper shall remain at all times
in the COUNTY. The TRUST shall neither remove nor permit removal
of any serial number, model number, name, or other identification
of ownership.
6. INDEMNIFICATION: The TRUST agrees to indemnify the
COUNTY from and against any and all claims, demands, actions,
proceedings, damages, liabilities, costs and expenses, and
attorney fees arising out of, connected with, or resulting from
the use of the Chipper, including without limitation the manufac-
ture, selection, delivery, possession, use or operation thereof.
7. WARRANTIES: The TRUST acknowledges that the COUNTY is
not the manufacturer of the Chipper or a dealer in similar
property and has not made and does not make any representation,
warranty or covenant, express or implied, with respect to the
quality, durability, suitability or merchantability of the
Chipper.
S. TRANSPORTATION: The COUNTY agrees to transport the
Chipper to and from the use site at the times and on the days to
be agreed upon.
9. INSURANCE: The TRUST agrees to insure the Chipper
against theft while it is under its control, in an amount accept-
able to the COUNTY. The policy shall name the COUNTY as benefi-
ciary.
Signed on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA.
By
Mayor/Chairman
(SEAL)
Attest:
Clerk
FLORIDA KEYS LAND TRUST
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(SEAL)
Attest:
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Attorney'. Offit:"
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