Resolution 005-1970PROJECT AGi'`EFT-Nir
SECONDARY ROAD SYSTI-2i
�IKDMOF:A INTDU�l OF AGR? E111T Ev r
'MIS AGREE`iF��T, made and entered into this loth day of March ,
19 70 , by and between the STATE OF FLORIDA DE, PARD, N'T OF TIMISPORTATION, a
component agency of the.State of Florida, hereinafter called the Department,_
and the COUNT'I OF MONROE hereinafter called the County:
W I T N E S S E T H:
hT-iEREAS, by Florida Statutes, 1965, 335.041, the expenditure of
secondary road funds for the construction and reconstruction of roads, hightiaays,
and municipal connecting links thereof and city streets was authorized: and
WTEREAS, the County has, designated 5-905 Old Card Sound Road to
Ocean Reef Club, Key Largo, Monroe County, Fla. (3. 0 mi. )
for construction. (or reconstruction) from gasoline tax
funds accruing to the Department for expenditure in the County under the
provisions of Florida Statutes, Section 208.44, and Article IY, 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
specifications of the Department.
NOW, THEREFORE, THIS INvT1EN= wirN'ESSETH: 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 covenanted and agreed as
follows:
1. The Department will add the above described project
to the state secondary road system and construct or
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reconstruct said project charging all costs 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 t' e construction or
reconstruction of said project will be in compliance with requirements of the
Florida Statutes and Department Regulations relating to expenditure of secondary
gasoline tax funds and construction of roads on the State secondary road system.
2. The County does hereby authorize the Department to pursue said
project through the planning, preliminary engineering, right of way acquisition '
and construction phases in an orderly, uninterrupted. sequence, according to the
usual practices, standard-- and specifications of the Department. The time
schedule for -project completion is to be established by the Department of
Transportation after due consideration for the availability of money, manpower
and time. All work will be performed under the Department's supervision and
in accordance with the specifications of the Department.
nish to the Department free, clear and
3. The County agrees to fur,
unencumbered title to all land required for rights of way, borrow pits and
easements in connection with said project. Acquisition of said rights of way,
borrow pits and easements shall be done under the supervision of the Department
and in accordance with the Department's project schedule.
4. Upon completion and acceptance by the parties to this Agreement
of said road, highway, municipal connecting link or .city streets as described
in No. 1, it is understood and agreed that the said road, highway, municipal
connecting link or city street will become a part of the secondary
system and. will be maintained by the Department
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.
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IN jtiIT\ESS l';it :LOP , the parties hereto have caused those presents
to be executed., the .day and year first above written.
WITNESSES
As to the Departi;ent
STATE OF FLORIDA DEPART1'vEN`f OF TRANSPORTATIO;'1
BY:
director of Administration
ATTEST: (SEAL)
Secretary
MONROE COUNTY, FLOR
Ha , oa-fd r ounty Tut�sioners
Monroe / County
ATTEST: / �G ILA (SEAL)
Clerk of the Circuit.Court as ex-
officio Clerk of the Board of County
Co=j issioners of: Monroe
County, Florida-
RESOLUTION NO. 5'�1970-SECONDARY ROADS
RESOLUTION ADOPTING EXECUTION OF MENMAN'DUM OF AGREE -: IT BED EEN
ThT STATE OF FLORIDA DEP.ARr-ENT OF 'iZANSPORTATION,
A CO�IPON-N AGENCY OF ThT STATE OF FLORIDA AND TEE- COUNTIY`OF..M.ONROE,
A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA
WHEREAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION has agreed
to construct that certain road described as S-905 Old Card Sound Road to Ocean:
Reef Club (Priority ,#2 in Secondary Road Program budget year 1970-71)
NOW, T 1EREFORE, BE IT RESOLVED BY TI c BOARD OF COUNTY CO��SISSIONTRS OF
MONROE
COUNTY, FLORIDA:
Section 1. That certain Agreement dated the 10th day of March ,
19 70 , by and between the STATE OF FLORIDA DEPART,T-N-T OF "TRANSPORTATION, 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.
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 t1herein 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 --very respect and that a certified copy of this Resolution shall be
submitted to the STAit, OF FLORIDA DEP.AJZU41EN"T OF TRk SPORTATION and shall
accompany each executed copy of the Agreement dated this loth day of March.,
19 70 '
STATE OF FLORIDA
COi1 IY 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 10th day of March A.D: 19 70 ,
and recorded in the CoiJmission minutes. .
IN 4YITNESS �tii-iEREOF, I horeunto set :pry hand and official seal this
day of March A.D. 19 70
ELBODUrC'��Cu,SSO�EERK OF T4 IS
OF MONK OE COUNTf, FLORIDA