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Resolution 001-1968' t, RESOLUTION N0. 1-IS68 - SECONDARY .ROADS `� RESOLUTIONr�7ADOPTING EXECUTION OF MEMORANDUM OF AGREEMENT BETWEEN STATE -ROAD DEPARTMENT, A COMPONENT AGENCY OF THE STATE -OF FLORIDA AND COUNTY OF MONROE, A POLITIC4L SUB- DIVISION OF THE STATE OF FLORIDA WHEREAS, the State Road Department did construct a sprinkler system and landscape areas within the right-of-way of Flagler Avenue in Key =>",r West from Duncombe Street to Roosevelt Boulevard; and WHEREAS, it is the desire of the County to maintain said land- :< scaped areas. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF,MONROE COUNTY, FLORIDA: ' Section 1. That certain Agreement* dated the .9th day of January =' 1968 , by and between the'State Road Department of Florida, a component agency of the State of Florida and the County of Monroe be executed by ttie Chairman_ of this Board and attested to by the Clerk of the Circuit Court as Ex-officio Clerk of this Board. 2. r t i ` e 1 i yr pp u ;4 'd'! .t � •• - er5+'' r,-. iY ty'N , Y Section 2. That this Agreement be and the same hereby is an obligation and covenant of the County of Monroe in each and every respect and the liabilities therein contained shall be the liabilities of the County of Monroe on a continuing basis for the life of said Agreement. Section 3. That the Agreement•shall be a part of this - Resolution in each and every respect and that a certified copy of this Resolution shall be submitted to the State Road.Department of Florida and shall accompany each executed copy -of the Agreement dated this 9th day of-january.• 1968 ' STATE ,OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that the foregoing is a true'and correct copy of Resolution passed by the Board of County Commissioners of Monroe County,; Florida, at meeting held the 9th day:of January A.D. 1968 and recorded in the Commission minutes. IN WITNESS WHEREOF, I hereunto set my hand and official seal this day of , A.D. ­19 (SEAL) Clerk of the Board of County Commissioners of Monroe County, Florida 3. . - MEMORANDUM OF AGREEMENT MAINTENANCE OF LANDSCAPING ON FLAGLER AVENUE IN KEY WEST THIS AGREEMENT, made and entered into this 9th day of January , 19 69, by and between the STATE ROAD DEPARTMENT OF FLORIDA, a component agency of the State of Florida, hereinafter called the Department, and the COUNTY OF MONROE, hereinafter called the County: W I T N. E S S E T H: WHEREAS, Flagler Avenue in Key West is a part of the State Maintained secondary road system; and WHEREAS, the Department did construct a sprinkler system and landscape certain areas within the right-of-way of Flagler Avenue between Duncombe Street and Roosevelt Boulevard; and WHEREAS, it is the desire of the County to maintain the landscaped areas and that the cost of'water incidental to maintaining said landscaping be paid by the Department from Monroe County secondary road funds.. NOW, THEREFORE, THIS INDENTURE WITNESSETH: That in consideration of the premises and the covenants hereinafter set forth to be_kept and performed by each of the parties hereto, it is hereby mutually convenanted and agreed as follows:. 1. The County will maintain all of the plantings and the sprinkler system within the roadway right-of-way of Flagler Avenue in Key West from Duncombe Street to Roosevelt Boulevard. 2.-'The County will replace all dead plant material.after.expiration of all guarantees and the cost of such replacement, as well as the cost of maintenance of all plantings and sprinkler system.will be paid by.the County from local County funds. 3. The Department will retain jurisdiction of the right'of-way within the limits of areas maintained by the County. 4.- The Department will install'water meters and pay for the cost of water incidental to the maintenance of .said plantings with the cost of the water being paid from Monroe County Secondary Road Funds. 5. The Department's State Highway Engineer will resolve all questions and determine the standards to which the County must adhere in the performance of its responsibilities under this agreement. 6. The County agrees to indemnify, defend, save and hold harmless the Department from any and all claims of any nature whatsoever arising out of or because of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above writ -ten. WITNESSES: As to the Department As o the County STATE ROAD DEPARTMENT OF FLORIDA BY: .Executive Director ATTEST: Secretary (SEAL) MONRO � NTY, FLg IDA 1. / Chairman Q' a-rd" of County Commissi ers, Monroe -County ATTEST: Clerk of the Circuit Court as ex-officio Clerk of the Board of County Commissioners of Monroe -County, t lorida RESOLUTION NO. 1-1968 - SECONDARY ROADS RESOLUTION ADOPTING EXECUTION OF MEMORANDUM OF AGREEMENT BETWEEIN STATE ROAD DEPARTMENT, A COMPONENT AGENCY OF THE STATE OF FLORIDA AND COUNTY OF MONROE, A POLITICAL SUB- DIVISION OF THE STATE OF FLORIDA WHEREAS, the State Road. Department did construct a sprinkler system and landscape areas within the right=of-way of Flagler Avenue in Key West from Duncombe Street to Roosevelt Boulevard; and WHEREAS, it is the desire of the County to maintain said land- scaped areas. NOW, THEREFORE -,--BE IT RESOLVED BY THE BOARD"OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. That certain Agreement dated the'9th day of January 1968 by and between the State Road Department of Florida, a component agency of the State of Florida and the County of Monroe be executed by the Chairman of this Board and attested to by the Clerk of the Circuit Court as Ex-officio Clerk of this Board. 2. f' Section 2. That this Agreement be and the same hereby is an obligation and covenant of the County of Monroe in each and every respect, and the liabilities therein contained shall be the liabilities of the County of Monroe on a continuing; basis for the life of said Agreement. Section 3. That the Agreement.shall be a part of this Resolution in each and every respect and that a certified copy of this Resolution shall be submitted to the State Road Department of Florida and shall accompany each executed copy of the Agreement dated this 9th day of January 1968 , STATE OF FLORIDA COUNTY OF MONROE I HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution passed by the Board of County Commissioners of Monroe County, Florida, at meeting held the 9th day of January A.D. 1968 , and recorded in the Commission minutes. , IN WITNESS WHEREOF, I hereunto set my hand and official seal this 15th day of January A.D. 1968 , Clerk of the Board of County Commissioners of Monroe County, Florida 3.