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