Resolution 203-1982
RESOLUTION NO. 203 -1982
RESOLUTION AUTHORIZING THE CHAIP~ OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA TO
EXECUTE THREE MEMO~JDUMS OF AGREEMENT BY AND BE-
TWEEN THE STATE OF FLORIDA DEPARTMENT OF TRAlJSPOR-
TAT ION AND THE MONROE COUNTY BOARD OF COUNTY COM-
MISSIONERS; THE MONROE COUNTY BOARD OF COUNTY COM-
MISSIONERS AND UPPER KEYS MARINE CONSTRUCTION, INC.;
AND THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
k~D FRANK KEEVAN AND SONS, INC.
BE IT RESOLVED BY THE BOAP~ OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commissioners
of Monroe County, Florida, is hereby authorized to execute the
following Memorandums of Agreement, a copy of each being attached
hereto and made a part hereof:
1. Memorandum of Agreement by and between the State of
Florida Department of Transportation and the Monroe
County Board of County Commissioners for prefabri-
cated sectional bridge superstructure for use in
contract for construction of the Yellowtail Bridge
By Pass and Copa D'Oro Bridge By Pass.
2. Memorandum of Agreement by and between the Monroe
County Board of County Commissioners and Upper Keys
Marine Construction, Inc. for prefabricated sec-
tional superstructure for use in contract for con-
struction of the Copa D'Oro Bridge By Pass.
3. Memorandum of Agreement by and between the Monroe
County Board of County Commissioners and Frank
Keevan and Sons, Inc. for prefabricated sectional
bridge superstructure for use in contract for
construction of the Yellowtail Bridge By Pass.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 26th day of July, A.D. 1982.
By
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OF COUNTY COM}1ISSIONERS
. COUNTY, FLORIDA
(Seal)
At te s t RALPH VI. \~;1HITE CLERK
L"{lt~ .~p~
i\ Clerk
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APPROVED AS TO FORM
AN: GAL SIJFFICIENCY.
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this26th day of July
, 19~+
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
agency of the State of Florida, hereinafter referred to as the "Department", and the
Montoe County Board of County Commissioners, hereinafter referred to as the
"County" .
WITNESSETH:
WHEREAS, the Department has made available to the County
270
feet
of prefabricated sectional bridge superstructure (Acrow) to meet emergency needs of
the County, the understanding of the parties as to terms of delivery and use by County
to be incorporated in written Agreement.
NOW, THEREFORE, in consideration of the premises and the covenants
contained herein the parties agree:
1. The Department does lease to the County the al>ovE;:! des~ribed bridge
superstructure, this Lease Agreement effective
and
to continue in effect until such time as terminated by either party upon 30
days notice and termination to be effective upon return of the bridge
superstructure and receipt by the Department.
2.
The County shall pay to the Department rent of $ 7 ,155.00
per
month beginning
September 1, 1982
and each month
thereafter until termination of this Agreement. The total rental is not to
exceed $107,325.00.
3. The County at County expense shall return the bridge superstructure to the
Department's yards located at Orlando in as good condition as when
received by the County normal wear and tear excepted. The County will
pay the Department the cost to repair any damages and to replace any
parts necessary to restore the bridge superstructure to as good conditions
as when received by the County.
4. The County shall indemnify, defend, save and hold harmless the
Department {rom all claims, demands, liabilites, and suits of any nature
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whatsoever arising out of, because of or due to the breach of this
agreement by the County, its agents or employees, or due to any act or
occurrence of omission or commission of its contractor, its agents, or
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employees.
It is specifically understood and agreed that this
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indemnification agreement does not cover or indemnify the Department for
its own negligence or breach of contract.
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IN WITNESS WHEREOF, the parties have caused these presents to be executed,
the day and year first above written.
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
BY:
Secretary of Transportation
A TrEST:
(SEAL)
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
BY:
George E. Dolezal
TITLfu Chairman
ATTEST: ~'f~~- f\-,.~)l!:'(SEALJ
&ph Q. White
TITLE: Clerk to the Board
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BY
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 26thday of July
19 82
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by and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,
hereinafter referred to as the "County", and the Upper Keys Marine Construction, Inc.
hereinafter referred to as the "Contractor".
WITNESSETH:
WHEREAS, the County has made available to the Contractor
180
feet of
prefabricated sectional bridge superstructure (Acrow) for use in the Contract for
construction of the Copa O'oro Bridge By Pass. The understanding of the parties as to
terms of delivery and use by Contractor to be incorporated in written Agreement.
NOW, THEREFORE, in consideration of the premises and the covenants
contained herein the parties agree:
1. The County does lease to the Contractor the above described bridge
superstructure, this Lease Agreement effective
and
to continue in effect until such time as terminated by either party upon 30
days notice and termination to be effective upon return of the bridge
superstructure and receipt by the Department of Transporation of the
State of Florida in behalf of the County.
2. The Contractor shall pay to the County rent of $4,770.00 per month
beginning
September 1, 1982
and each month thereafter until
termination of this Agreement. The total rental is not to exceed
$71,550.00.
3. The Contractor at Contractor's expense shall return the bridge
superstructure to the Florida Department of Transportation yards located
at Orlando in as good condition as when received by the Contractor normal
wear and tear excepted. The Contractor will pay the County the cost to
repair any damages and to replace any parts necessary to restore the
bridge superstructure to as good conditions as when received by the
Contractor.
4. The Contrac,tor shall indemnify, defend, save and hold harmless the County
from all claims, demands, liabilites, and suits of any nature whatsoever
arising out of, because of or due to the breach of this agreement by the
Contractor his agents or employees, or due to any act or occurrence of
omission or commission of his sub-contractor, his agents, or employees. It
is specifically understood and agreed that this indemnification agreement
does not cover or indemnify the County for its own negligence or breach of
contract.
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5. Partial payments to the Contractor for Item No. 6 of the Construction
Contract will be withheld until rental due under this agreement has been
paid to the County.
IN WITNESS WHEREOF, the parties have caused these presents to be executed,
the day and year first above written.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
BY: ?,;zc-, cO~~~:3
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ATIEST: ~~ ~l,&/L,O'({sEAL)
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UPPER KEYS MARINE CONSTRUCTION, INC. ,If
BY:
TITLE:
ATTEST:
(SEAL)
TITLE:
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of July
, 19!..~
by and between the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,
hereinafter referred to as the "County", and the Frank Keevan and Sons, Inc.
hereinafter referred to as the "Contractor".
WITNESSETH:
WHEREAS, the County has made available to the Contractor
90
feet of
prefabricated sectional bridge superstructure (Acrow) for use in the Contract for
construction of the Yellowtail Bridge By Pass. The understanding of the parties as to
terms of delivery and use by Contractor to be incorporated in written Agreement.
NOW, THEREFORE, in consideration of the premises and the covenants
contained herein the parties agree:
1. The County does lease to the Contractor the above described bridge
superstructure, this Lease Agreement effective
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and
to continue in effect until such time as terminated by either party upon 30
days notice and termination to be effective upon return of the bridge
superstructure and receipt by the Department of Transporation of the
State of Florida in behalf of the County.
2. The Contractor shall pay to the County rent of $2,385.00 per month
beginning
September 1, 1982
and each month thereafter until
termination of this Agreement.
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The total rental IS not to exceed
$35,775.00.
3. The Contractor at Contractor's expense shall return the bridge
superstructure to the Florida Department of Transportation yards 10)'ited
at Orlando in as good condition as when received by the Contractor normal
wear and tear excepted. The Contractor will pay the County the cost to
repair any damages and to replace any parts necessary to restore the
bridge superstructure to as good conditions as when received by the
Contractor.
4. The Contractor shall indemnify, defend, save and hold harmless the County
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from all claims, demands, liabilites, and suits of any nature whatsoever
arising out of, because of or due to the breach of this agreement by the
Contractor his agents or employees, or due to any act or occurrence of
omission or commission of his sub-contractor, his agents, or employees. It
is specifically understood and agreed that this indemnification agreement
does not cover or indemnify the County for its own negligence or breach of
contract.
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5. Partial payments to the Contractor for Item No. 6 of the Construction
Contract will be withheld until rental due under this agreement has been
paid to the County.
IN WITNESS WHEREOF, the parties have caused these presents to be executed,
the day and year first above written.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
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BY: ~~""~ ('_ '"-,,. {" _j L'."" '. .: '/
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ATTEST: ~ w..':"""" I\\~.~.o ,C (SEAL)
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FRANK KEEV AN AND SONS, INC.
BY~~~
TITLE: ~.
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ATTEST:
(SEAL)
TITLE:
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