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Resolution 122-1981 RESOLUTION NO,122 -1981 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY CO~IISSIONERS 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 ON BOCA CHICA CHANNELS A & B, 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 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 on Boca Chica Channels A & B, 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, (Seal) BOARD OF COUNTY CO~WISSIONERS :;OE ~O~~~ MayorjChairm Attest: -j ~ . ,f/ ) /) ..--' ,~ J /' ,,;. / / ~ / '/, ~ C ~~4/ M' "- " . er APPROVED AS TO FORM AND ~ SUFFICIENCY. BY ~.$/.eP - Attorney's Office STATE OF FLORI~A DEPARTMENT CF NATUP..i\I. RESOURCES ~lbrida Boating Improvement Program ", . Project Agreement - Development This agreement made-and entered into by and between the St te of Flor~~cia Deparpnent of Natural Resources, hereinafter cal~ed DEP~TME~T, and Monroe County hereinafter called Cau"" "LY . , in furtherance of an approved recreational progr~~ involving the parties hereto in pursuance of which the parties herate agree as follows: 1. The DEPARTMENT has found the improvement of recre- at;;.onal boatiI.q to be the primary purpose of the proj ect known as Stoc;, Is1'1 j Channe 1 A [" R and enters into this Agreement with the C .n~l to carry out its obligations described in the project de- ~iption attached hereto and made a part of this Agreement as EX:"lib J.t. n An. 2. The County agrees to carry out its obligations as set fr-:=t.t ~n Exhi.;Di t "An hereto and convenants that it has the full legal authorJ.ty and capability to do so. 3. ~he County ag~ees to complete said project on or before June 12, 1982 In the event said project is not completed on or befo~e June 12, 1982 , the County agrees to return to the DEPARTMENT any and all unexpended funds the ~ZPARTMENT may have provided the County for said project. 4. The County agrees to appoint an official Liaison Agent J be responsible for the successful accomplishment of the County's :.~ligations toward said project, the prompt implementation of the xticles of this Agreement,'and the submission of progress reports every ~ne l1~ndred and eighty (180) days from the date of the excu- tion of. this Agreement until said project is completed by the Countv, and all County obligations set forth in Exhibit "A" hereto have been met. P~ae t of 3 Pages \ IN ~ ..:' II \ : IhiV. II ~ t. -Illl 1. i , 5, ll'he DEPART:.1E~1T agre~s, in cor:sideration of the promises mad6 by the County herein, to tender to the County funds in the am<t>unt .of, $ 10,125.00 to be used for the accom- plishment '~~ 0.... the obligations made in Exhibit l'An. 6u 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. 7. ,In the event unexpended funds exist at the completion ,of said project, as described in Exhibit "A", the County agrees to . return said unexpended funds to the DEPARTMENT within sixty (60) ., days after' said project completion. 8. In the event the DEPKRTMENT should demand a return of any or all funds tendered pursuant to paragraph 5 of this Agreem~nt, ~~e 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 said unreturned funds constitute a legal debt to the DEPARTMENT, which from that point, shall be due and payable with such interest as the DEPAR~MENT may determine. Any further County requests for funding from the DEPARTMENT shall be denied until the debt of said unreturned' funds shall have been satisfied. , 9. . In the event,the County elects to implement a user fee system for any of its facilities funded by the Florida Boating Improvement Program, the County agrees to Ll1pose such fees uniform.:'y 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 ~nspect the project as well as the right to audit any and all tinancial records pertaining to said project at reasonable times. ,- 11. Any inequities that subsequently appear in ~his Agreement snall 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 ~n duplicate, each copy ~~\\'"' .~ \.r 1 ~n\jri" 'IN ,. ~ J II I t Ii w v 4 U - L - Ii I} I n ci whic~ shall for all purposes be considered an original. IN WIJNESS THERETO, the pcrties hereto have caused tnese pre,s~.nt,( to be executed. by t...1e officer or agents thereunto lawfully authorized. EXECUTIVE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES Attest: By: Elton J. Gissendanner Executive Director Its Agent for this purpose Attest~.//-~ 1/ - ~.. ::fl Effective Date: .' ~PPRO.EO AS TO FGF"',' AN~LSVfRUENC' BY > ~d!f.A AttorneY'$ Office ,. \',\".... \ \\1' \ \\~\.l~~'" \ 'N \\ 0\ ~ -ll.~ llt\V. U-I.->lil , 1\