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Resolution 120-1981 RESOLUTION NO. 120 -1981 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A PROJECT AGREEMENT - DEVELOPMENT BY AND BETWEEN THE STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES AND MONROE COUNTY, FLORIDA - BOATING IM- PROVEMENT FUND PROJECT AT TAVERNIER CREEK. BE IT RESOLVED BY THE BOARD OF COUNTY CO~~ISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Chairman of the Board of County Commissioners of Monroe County, Florida, 1S hereby authorized to execute a Project Agreement - Development by and between the State of Florida Department of Natural Resources and Monroe County, Florida, a copy of same being attached hereto, for Boating Improvement Fund Project at Tavernier Creek. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 21st day of April, A.D. 1981. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~ B~ _, JJ~J Mayor/Chairm (Seal) A tt e s t:,------=--:o, ~_ .;x:-~/ 0~ Cler -.. APPROvtD M 10 #fORM AND LEGAL SUFFICIPu~v BY ~j~ Attorney S f STATE OF FLC~iDA DEPARTMENT QF NATURAL RESOURCES F~C?~ida Boati'ng Improvement Program i. p~oject Agreement - Develbpment This agreement made.and en~ered into by and between the State of 7lorida Depar~ent of Natural Resources, hereinafter cal~ed DEPARTMENT, and M0nroe Countv hereinafter program involv.ng the parties hereto in pursuance of which the County in furtherance of an approved recreational cal...ed pa ~es hereto ag~ee as follows: 1. The DEPARTMENT has found the improvement of recre- . at~onal boating to be the primary purpose of the project known as Tavel.:1ier Crpek DaymClrkprc, , and enters into this Agreement with the County to carry out its obligations described in the project de- scription attached hereto and made a part of this Agreement as Exnibit "A". 2. The County agrees to carry out its obligations as set fc:th in Exhibit "A" hereto and convenants that it has the full . le~al au~~ority'and capability to do so. 3. The County ag:t:ees to complete said project on or b~fore Jur." n, 1982 In the event said project is not . cor-.pleted on or before June .l2, 1982 , the County agrees . tc:. return to the DEPARTMENT any and all unexpended funds the DEPARTMENT may have provided the Co~~ty for said project. 4. The County agrees to appoint an official Liaison Agent to be responsible for the successful accomplishment of the County's obligations toward said protect, the prompt implementation of the articles of this Agreement, and the submission of progress reports everyone hundred and eighty (180) days from the date of the excu- t~on of this Agreement until said project is completed by the Counti, ,. and all County obligations set forth in Exhibit nAil hereto have been met. P~a~ 1 of 3 Pages I Irl \~ ..\ \1' ~ 11.a\\, ti. \ tHl J 17 5. The DEPARTMENT agrees, in considerat:ion of the promises made by the County herein, to tender to the County funds . i.l the amount .of. $ 10.300.00 to be used for the accom- plishment' o'f the obligations made in Exhibit "A". 6. The County agrees to return to the DEPARTMENT all funds tendered for said project in the event said project becomes utilized for other than boating related purposes. 1. .In the event unexpended funds exist at the completion 'of said project, as described in Exhibit "A", the County agrees to e . return said unexpended funds to the 'DEPARTMENT within sixty (60) days after'said project completion. 8. In the event the DEPARTMENT should demand a return of any or all funds tende~ed pursuant to paragraph 5 of this Agreement, the County agrees to return said funds to the DEPART- MENT within sixty (60) days. If not returned within sixty (60) days, the County understands and agrees that any and/or all of ~aid unreturned funds constitute a legal debt to the DEPARTMENT, which from that point, shall be due and payable with such interest as the DEPARTMENT may determine. ~~y further County requests for funding from the DEPARTMENT shall be denied until the debt of said unreturn~d funds shall have been satisfied. 9. In tho ovont. tho County /'ll()cta to implnmont 4 unf3r fee system for any of its facilities funded by the Florida Boating Improvement Progr~m, tho County agreos to imposo such faos uniformly among the users regardless of race, sex, age, religion, or other condition or the political jurisdiction in which the user may reside. 10. The DEPARTMENT reserves the right to henceforth inspect the project as well as the right to audit any and all financial records pertaining to said project at reasonable times. 11. Any inequities that subsequently appear in this Agreement shall be subject'to negotiation upon written request of either party, and the parties agree to negotiate in good faith as to any such inequities. 12. This Agreement is executed in duplicate, each copy I (I" \ ,I \, \. \ I \- " \! "\ i{u v. d" l . L1tJ 18 ~~ whicn shall. for all purposes be considered an original. IN WITNESS THERETO, the parties hereto have caused . 4;::hese pr~_s~~t~. to be executed by the officer or agents thereunto :awfully authorized. EXECUTIVE BOARD OF THE DEPART}mNT OF NATURAL RESOURCES Attest: By: Elton J. Gissendanner Executive Director Its Agent for this Purpose The AtteS~a~~; A-, ri L- 19J this ose E:fective Date: , , APPROVED AS TO FORM AND LEGAL SUFFICIENCY. {i~M/ , Attorney's Office BY I I , \ I I l '.f (\ \ ~ - \1 l , Rev. 8-1-80 11 ') j.