Resolution 093-1982RESOLUTION NO. 93 -1982
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE AN AGREEMENT BY AND BETWEEN THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND
THE FLORIDA KEYS ARTIFICIAL REEF ASSOCIATION.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners of
Monroe County, Florida, is hereby authorized to execute an Agreement
by and between the Board of County Commissioners of Monroe County,
Florida, and the Florida Keys Artificial Reef Association, 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 8th day of March, A.D. 1982.
(Seal)
Attest: RALPH W. W.F.. CLERK
er
BOARD OF COUNTY COMISSIONERS
OF MO COUNTY, FLORIDA
y
ayor/Chairman
APPRU'vi".6) AS lid FORM
ANO rjA? $t ",MCIEN
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THIS AGREEMENT entered into by and between the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter called "Board",
and the FLORIDA KEYS ARTIFICIAL REEF ASSOCIATION, a Florida cor-
poration not for profit, hereinafter called "Association", wherein
the aforesaid Board and the aforesaid Association have entered into
an agreement relating to the establishment of artificial reefs
through funding by the State and supported by the County, now, there-
fore,
For and in consideration of the mutual covenants, agreements
and understandings hereinafter prescribed, the parties do agree
and contract as follows:
1. That the County has passed a resolution, No. 80-1982,
wherein the Board has indicated support for the establishment of
reefs in the Florida Keys, and in so doing are willing to cooperate
with the Association in the estabishment thereofand securing the
funds to accomplish the same. The parties do agree that the County
in entering into said stated position in the aforesaid resolution
does look, however, to the Association for certain assurances.
2. That it is the Board's intent that all the matters set
forth in the aforesaid Resolution No. 80-1982 be and the same are
predicated on the Association herein,either by a bond issued run-
ning to the Board of County Commissioners or else the issuance of
an insurance policy wherein the aforesaid Board is beneficiary be
forthcoming from the Association to afford said Board complete and
unequivocal indemnification for any claims and/or damages resulting
from the establishment of said reefs. It is understood by the
parties that any such reefs established and the resultant responsi-
bility therefore in either claims or damages shall be borne solely
by the Association and that said responsibility shall entail not only
any claims resulting from the use of said reef but also shall include
any responsibility resolved or coming about as a result of the
creation of said reef and/or any accidents, claims or misadventures
-2-
resulting in any wise concerning the establishment of the aforesaid
reefs from the beginning until the end of time.
3. That the Association does agree with the Board that in
addition to the assurances set forth in the preceding paragraph,
that if and when any claims and/or actions occur of any sort what-
soever, thatthe aforesaid Association does hereby covenant to
defend said actions and/or claims to the fullest,.to include the
cost thereof and any expenses borne in this respect of any sort or
kind.
4. That the covenants and agreements set forth herein are
mutual and shall be.binding upon the As:s.ociation,
its assigns or beneficiaries, and the parties do hereby agree that
in no wise shall the responsibilities hereto be obviated by a
transfer of said responsibilities on the part of the Association.
5. That failing to comply with the requirements hereof shall
be cause and justification for the immediate recision of Resolution
No. 80-1982, and the Association, prior to causing an initiation of
request for funds from any agency shall first comply herewith. It
is further understood and agreed that any such indemnification in-
strument, whether it be a bond or insurance, shall be approved by
legal counsel for the Board before becoming acceptable to the same.
6. That within -3 0 days of this agreement the documents
required to be obtained by the Association in paragraph 1 hereof
shall be presented to a representative of the County for approval
by said County else.the provisions herein whereby said Resolution
shall be rescinded shall become operative.
WITNESS our hands and seals this _ q4 , day of p4 2C1� ,
1982.
(Seal) �� � . I l. CLERK
Attest:
Clerk
(Seal)
Attest:
ecretary
BOA OF COUNTY COMMISSIONERS
OF MO OE COUNT FLORRI`jDA
By �*"��grG. &A I
ayor Chairman
FLORIDA KEYS ARTIFICIAL REEF
ASSOCIATION
M
President
APPROVED AS TO FORM
AND ,4iC SFFICIEN
AvieviWs Office