Resolution 148-1984 RESOLUTION NO. 148 -1984
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO EXECUTE AN AGREE-MENT BY
AND BETWEEN THE PORT AND TRANSIT AUTHORITY OF
KEY WEST AND MONROE COUNTY, FLORIDA.
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 The Port And Transit
Authority and Monroe County, Florida, a copy of same being
attached hereto .
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 18th day of May, A.D. 1984 .
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY (. G�-a-o�-i
Chairman '
(Seal)
At test FANNY L. KOLHAGE, CIerk
bert,y Clerk
APPR e,VED AS TO FORMM'
D 4Y. •L SUFFICIENCY.,
Attorney'8 Office
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AGREEMENT .
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THIS AGREEMENT made this day of
• A.D . 1984 , by and between the PORT AND TRANSIT 'AUTHORITY OF 1EY
WEST, hereinafter referred to as "PATA" , and MONROE COUNTY,
' FLORIDA, hereinafter referred to as "County" , •
• WITNESSETH, that in - consideration of- the premises and .of the • .
mutual covenants herein contained , the parties hereto agree as
follows : •
1 . ' The PATA and County 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 PATA shall carry out those construction requests'
and construction requirements made by the ,County to the. PATA
concerning the Garrison Bight project involving Boating '
Improvement Fund monies . •
3 . The PATA will repair and 'maintain the project accom-
plishments at their own expense- for 25 years fo.11owing the
project completion provided, _ however, the PATA shall be entitled
to apply for Boating Improvement' Fund monies for, this purpose,
. when available .
4 . The PATA 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 .speci-
fications ,• all applicable .state and federal law and that all
appropriate permits necessary for the • work shall be obtained by
the PATA.
5 . The PATA shall assure all financial and legal respon-
. . sibility for' the construction and completed phases of the
project . General day-to-day maintenance and upkeep shall- be the
responsibility of the PATA. • •
6 . The PATA shall supply the County a letter from the
private Garrison Bight Marina to the PATA stating . that the
construction/repair work to be done will not cause unfair •
competition to their business operations .
7 . The PATA shall .not charge a differential fee on the '
basis of race , color , religion, age , sex, . political jurisdiction
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in which the user may. reside . The use of these facilities must
be made available to the general public on a non-exclusive basis .
8 . The PATA shall construct , install, and maintain. the
project sign as noted in the Department of Natural Resources
Rules as part of ,the project . •
' 9 , 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. ..
10 . The Port and Transit Authority does hereby indemnify the
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County for any and all claims of any sort whatsoever that arise '
from. the use of Garrison Bight facility : In this respect , the
PATA does agree to hold harmless and so. Assume any and all .
responsibility . for any claims or damages resulting from the use •
of . the boat ramp , parking lot . and restrooms during the 25 year
'project . maintenance period . The PATA agrees in this regard to .
• defend and pay' any and all costs for said defense to include
attorney ' s fees , costs of Court and all such expenses relating to
said claims , Should the same occur . And, liability insurance . • .
will be carried by the PATA, 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 forthwith made available to the County •
Administrator so' reflecting. •
11 .' The County acknowledges that the City. receive,s . fees for
the use .(launch) of. the boat ramp -and that . the monies are used to
support maintenance and upkeep expenses . In 1983 revenues from
the launch ramp were $8 , 152 . 00
12 . Ownership. of the entire parcel is under amicable
dispute . The PATA owns the docks and pilings for which dockage
revenue, is received . Both parties claim ownership of the • road,
shoulders , and the parking lot for which no tolls or ' fees are
charged by any public entity. The County agrees the PATA shall
be entitled to the fees being charged for the boat ramp . No fees
will be charged by either party for the use of the .restroom
facilities . •
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13 . The PATA will dedicate boat ram and restrooms and
associated septic system for public recreational boating purposes
for a minimum of twenty-five (25) years , and the PATA agrees to
operate and maintain the project 'in a satisfactory condition.
14 . The PATA hereby agrees that this Agreement shall be
approved by the City Commission of Key West, Florida.
IN WITNESS WHEREOF , the parties hereto have executed this
Agreement the day and year first above written..
• PORT AND TRANSIT AUTHORITY
OF KEY WEST
By •
Title :
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(Seal)
Attest : .
Title :
MONROE COUNTY , FLORIDA
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By
Mayor and Chairman
(Seal) .
• Attest :
• Clerk •
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AP : ,VED AS TO FORM!
At.' AL SUFFIC1.NC'
441
SY
Attorney's Office
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