Resolution 269-1981
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RESOLUTION NO.269 -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-
PROVMENT FUND PROJECT ON KEMP CHANNEL
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, 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
on Kemp Channel.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 22nd day of September, A.D. 1981.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B
(SEALY,
Attest:
RAlPIHt wum,. CIIRK
~'{?.: ,.1M. PuJ.w o.~
lerk. ·
.4PPROVED A' TO FORM
A"fA-~
8Y ~~ Q..(A-:-Ic./
. Atrom~; Office - ~
STATE OF ?LORID~
DEPA-~TME~T OF ~dTCR;L RESOURCSS
Florida Boating Improvement Program
Project dg=ea~ent - Development
This agreement ~ade and entered into by and between ~~e
State of Florida Depar~~ent of Natural Resources, hereinafter
called DEPARTMENT, and
Monroe County
hereinafter
called
County
, in furtherance of an approved recreational
program involving the parties hereto in pursuance of which the
parties hereto agree as follows:
1. The DEPARTMENT has found the improvement of recre-
ational boating to be the primary purpose of the project known as
Kemp Channel Markers
and enters into this Agreement wi~~ ~~e
County to carry out its obligations described in the project de-
scription attached hereto and made a part of ~~is Agreement as
Exhibit "An.
2. The. County agrees to carry out its obligations as set
forth in Exhibit "A" hereto and convenants that it has the full
legal authority and capability to do so.
3. The County agrees to complete said project on or
before August 24 i 1983
In the event said project is not
completed on or before August 24,1983
, the County agrees
to return to the DEPARTMENT any and all unexpended funds the
DEPARTMENT may have provided the County for said project.
4. The County agrees to appoint an official Liaison Agent
to be responsible for the successful accomplisr~ent of the County's
obligations toward said project, the prompt L~plementation of ~~e
articles of this Agreement, and the submission of progress reports
everyone hundred and eighty (180) days from ~~e date of the excu-
tion of this Agreement until said project is completed by the County,
and all County obligations set fort.~ in Exhibit "A" hereto have been
met.
Page 1 of 3 Pages
DNR 42-017
Rev. 8-1-80
S. The DEP.~q~XE~T agrees, i~ consideration of ~~e
promises made by the County herein, to tender to the Co~~t7 f~,ds
in the amount of $ 13,327.00
to be used for the accom-
plishment of the obligations made in Exhibit "A".
6. The County agrees to return to the DEPF~TMENT all
funds tendered for said project in ~~e event said project becomes
utilized for other than boating related purposes.
7. In the event unexpended funds exist at ~~e co~pletion
of said project, as described in Exhibit "A", the County agrees to
return said unexpended funds to the DEPARTMENT wi thin sixt-j' (60)
days after said project completion.
8. In the event the DEPARTMENT should demand a return
of any or all funds tendered pursuant to paragraph 5 of this
Agreement, the County agrees to return said funds to the DEPART-
MENT within sixty (GO) 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 DEPA...~TMENT may determine. Any furth.er Counj:y 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 impose such fees uniformly
among the users regardless of race, sex, age, religion, or other
condition or the political jurisdiction in which ~~e user may reside.
10. The DEPARTMENT reserves ~~e right to hencefor~~
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 ~~at subsequently appear in ~~is
Agre~~ent shall be subject to negotiation upon wri~ten request of
either party, and ~~e parties agree to negotiate in good fai~~ as
to.any such inequities.
12. This Agreement is executed in duplicate, each copy
Page 2 of 3 Pages
DNR 42-017
Rev. 8-1-80
of which shall fo= all pu=~oses be conside=ed an original.
IN WIT~SS TSE?ZTO, ~~e parties hereto have caused
these presents to be executed by t~e officer or agents ~~ereunto
lawfully au~~orized.
EXECUTIVE BOARD OF THE
DEPARTMENT OF NATURAL RESOURCES
By:
Elton J. Gissendanner
Executive Director
Its Agent for this Purpose
Attest:
for this
se
Attest:
Effective Date:
o~
Page 3 of 3 Pages
DNR 42-017
Rev. 8-1-80