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Resolution 058-1984 J ' ;.. Dr. Jeff Fisher, Director Extension Service RESOLUTION NO. 058 -1984 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT BY AND BETWEEN MONROE COUNTY, FLORIDA, AND THE CITY OF KEY WEST CONCERNING THE SIMONTON STREET PROJECT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commis- sioners of Monroe County, Florida, is hereby authorized to execute an Agreement by and between Monroe County, Florida, and the City of Key West, a copy of same being attached hereto, concerning the Simonton Street project, and to provide in the agreement for a hold harmless clause running to 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 24th day of February, A.D. 1984. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~~ Chairman (Seal) Attest: DANNY L. KOLHAGE,Clerk 1 \- ':vioaaJ- fn-OP ~ (l c. . 0- 'Clerk I APPROVED AS TO FORM A LEGAL BUFFICIE. AGREEMENT THIS AGREEMENT made this 2-~+h. day of ~.(\". A.D. 1984, by and between MONRO& COUNTY, FLORIDA, hereinafter referred to as "County", and the City of Key West, Florida, hereinafter referred to as "City". WITNESSETH, that in consideration of the premises and of the mutual covenants herein contained, the parties hereto agree as follows: 1. All parties hereto do hereby understand and agree to abide by and adhere to the Boating Improvement Fund Rules and Regulations (Chapter 16 D-5 Part III) as promulgated by the State Department of Natural Resources. 2. The City shall carry out those requests and requirements made by the County concerning the Simonton Street project involving Boating Improvement Fund monies. 3. The City shall repair and maintain the project accom- plishments at their own expense for 25 years following the project completion and for that period will not change the general nature, intent and purpose of the project. 4. The City shall guarantee and certify that all work is done in accordance with Department of Natural Resources/Boating Improvement Fund rules, the County requirements, and job specifications, all applicable state and federal law and that all appropriate permits necessary for the work shall be obtained by the City. 5. The City shall assure all financial and legal respon- sibility for the completed project, to include the construction work, maintenance, future repair, and liability for future legal actions arising from some aspect of the work. 6. The City does hereby indemnify the County for any and all claims of any sort whatsoever that arise from the construc- tion and improvements to the boaters and swimmers park at the end of Simonton Street in Key West, Florida. In this respect, the City does agree to hold harmless and so assume any and all responsibility for any claims or damages resulting from the construction and improvement of the boaters and swimmers park during the term of this agreement. The City agrees in this . . . . regard to defend and pay any and all costs for said defense to include attorney's fees, costs af Court and all such expenses relating to said claims, should the same occur. And, in the event liability insurance is carried by the City of Key West, Florida, that provides coverage for the activities prescribed and shown in this agreement, that Monroe County shall be shown thereon as a co-insured and. a copy of said policy shall be forth- with made available to the County Administrator so reflecting. 7. The City shall supply the County a letter from local marinas stating that the construction/repair work to be done will not cause unfair competition to their business operations. 8. The City shall not charge a differential fee on the basis of race, color, religion, age, sex, political jurisdiction in which the user may reside, or any other condition. The use of these facilities must be made available to the general public on a non-exClusive b~sis. 9. The City shall construct, install, and maintain the project sign as noted on pages 10, 25, and 26 of the Department of Natural Resources Rules. 10. All parties understand and agree that project cannot be completed without the approval of the parties to this agreement and the Department of Natural Resources/Boating Improvement Fund program. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. MONROE COUNTY, FLORIDA ~".~~.~~~'1..~~ -~ Mayor and Chairman By (Seal) DANNY L KOLHAGE, Clerk Attest: . . ~Xr~' p~ D.c-. Clerk I CITY OF KEY WEST, FLORIDA By Mayor (Seal) Attest: Clerk BY 2