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HomeMy WebLinkAboutResolution 019-1968. • a DEPARTMENT MAINTENANCE OF PROJECT CONSTRUCTED WITH SECONDARY OAS TAX FUNDS ~ MEMORANDUM OF AUIiERKENT THIS AGREEMENT, made and entered into this 2 6 th day of July , 19 6 8 by and between the STATE HOAD DEPARTMENT OF FLORIDA. a component agency of the Stste of Florida, hereinafter called the Department, and the COUNTY OF MONROE hereinafter called the Countyi W I T N E S S H T H: WHEREAS, by Florida Statutes, 1965. 335.041, the expenditure of secondary road funds for the construction and reconstruction of roads, . highways and municipal connecting links thereof and city streets was authorized; and WHEREAS, the County has designatedJ_ob No. 90530-3619, From SR 5 to Don Is Court in Pine Hammock & Way_ in Palm Villa, Big Pine Key , for construction (or reconstruction) from gasoline tax funds accruing to the Department for expenditure in the County under the provisions of Florida Statutes, Section 208.4h , and Artiele IX, Section 16, of the Constitution of the State of Florida; and WHEREAS, said work has been requested by the County to be completed by 'the Department under the Department's supervision in accordance with the specifications of the Department; and WHEREAS, the County desires, after the completion of said road, highway, municipal connecting link, or city street, that said road; munioipsl•connecting link, or city street be retained on the State Secondary Road System and be maintained by the Department. NOW, THEREFORE, THIS INDENTURE WITNESSETH: That in consideration of,the promises and convenents hereinafter set, forth to be kept and performed by each. of the parties hereto, it is hereby mutually convenanted end agreed•as follows: 1. The Department will add Job No. 90530-3619, From SR 5 to Donis Court in Pine Hammock & Pine Wa3 in Palm Villa, Big Pine Key to the state secondary road system and construct or reconstruct said project charging all coati of the project to gasoline tax funds accruing to the Department for use in Monroe County under the provisions of Florida Statutes, Section 208.44, and Article IX. of the Constitution of the State of Florida and the construction or reconstruction of said project will be in compliance with requirements of the Florida Statutes and the Department Regulations relating to expenditure of secondary gesolide tax funds and construction of roads on the state secondary road system. 2. Said work shall be performed under 'the Department's supervision in accordance with the specifications of the Department. " 3. Upon completion and acceptance by the Department of said road, highway, municipal connecting link, or -city street, it is understood -and agreed that the Department will retain said road, highway, municipalconnectinglink or city street on the secondary system and perfpra maintenance in accordance with the usual standards for maintenance of the DepartLment and under the supervision of the Department's State Highway Engineer. • b. The County. agrees to the expenditure of all funds necessary for the maintenance on a current basis of the aforementioned project, acid sums to be deducted from the County's secondary gas tax accruals on a current basis. 5. 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 written. WTTNE33E3: 1. STATE ROAD DEPARTMENT OF FLORIDA BY: Executive Director , ATTEST; (SEAL),. s to the Departmvnt Secretary MONROE COUNTY, FLORIDA BY - Chairman, rman, ar BT—Uo—unty, Commissioners, Monroe county As to the County ATTEST: (SEAL) Clerk of the Circuit Court as ex-officio Clerk o t o Board of County Commissioners of County, Florida RESOLUTION NO. 19-1968-SECONDARY ROADS RESOLUTION'ADOPTING EXECUTION OF MEMORANDUM OF AGREEMENT BETWEEN STATE ROAD DEPARTMENT, A COMPONENT AGENCY OF THE STATE OF FLORIDA AND COUNTY OF MONROE A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA WHEREAS, the State Road Department has agreed to construct that certain road described a, Job No. 90530-3619, From SR 5 Don's Court in Pine Hammock & Pine Way in Palm Villa, Big Pine Key ;and • 'WHEREAS. Monroe County desires that said road be retained on the state secondary road system in accordance with the Agreement made and entered Into between the Department and Monroe County, dated the 2 6•th day of July , 1968 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU::TY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. That certain Agreement dated the 2 6 th day of July 19 68 , by and. between the State Road Department of a component agency of the State of Florida and the County of Monroebe executed by the Chairman of this Board and attested to by the Clerk of the Circuit Court as Ex-officio Clerk of this Board. Section 2, That this Agreement be and the some hereby is an obligation and covenant of the County of Monroe 4 in each and every respect and the liabilities therein contained shall be•tho liabilities of the County of Monroe on a pontinuing basis for the life of said Agreement. • , Section 3. That the Agreement shell be a pert 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 Bach executed,copy arthe Agreement dated this 2 6 th day of July '19 68. STATE OF FLORIDA COUNTY OF 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 day of , A.D. 19 r_, and recorded in the Commission minutes. IN W17IIE33 WHE'RFOF, I hereunto set my hand and official soal:this day of , A.D. 19 (SEAL) , COUNPY, F1.O0PA