04/15/1983
GJ
w" I 5" ,(,,"-' 1
AGREEMENT
This Agreement, entered into by and between Chester Alexander
d/b/a Alexander Marine, hereinafter referred to as party of the
first part; Florida Keys Artificial Reef Association, a Florida
corporation, party of the second part, and Monroe County, a County
organized under the laws of the State of Florida, party of the
third part;
WITNESSETH, that In that the parties hereto have agreed to the
method and use of the State Department of Natural Resources derelict
vessels and the GSA surplus vessel, called the ex-Curb for the purpose
of establishing artificial reefs in Monroe County, and
WHEREAS, the vessels, #09106 and #09107, and the ex-~urb have
been turned over to these parties for the purpose of creating arti-
ficial reefs out of the same, and
WHEREAS, the parties are in agreement as to how the same shall
be accomplished, now, therefore,
FOR AND IN CONSIDERATION of Ten Dollars passing from each of
the parties hereto to the other, the parties do agree as follows
and in so doing outline and set forth their respective duties and
obligations;
1. That the two derelict vessels, numbered #09106 and #09107
by the Department of Natural Resources, and located in Safe Harbor,
shall be raised by the party of the first part. The" ex-Curb shall
also be readied for sinking.
2. That a place of sinking has been selected for the three
vessels noted in Clause 1 as the Army Corps of Engineers' permit
#81T-0293 site. That the party of the first part will therefore
proceed to sink the aforesaid vessels at the selected position, the
same, however, to be done under the supervision of the party of the
second part.
3. Party of the first part may have salvage rights to any
machinery in the interior of the vessel, the ex-Curb, such as engines,
props, motors, valves, booms, winches and other such items.
4. That as a condition of this agreement, the party of the
first part does hereby agree to remove any combustibles from said
vessels, such as diesel fuel, gasoline, oil and other lubricants.
It is also agreed by the party of the first part that after the
removal of the salvageable materials from the Curb that any and
all contaminable material shall be removed from said vessel, and
it should be therefore cleaned of these substances. Contaminable
material includes, but is not limited to, sewage, bilge waste,
oil, grease, fuels, and floatable debris. It is agreed by the parties
that the party of the second part shall inspect the aforesaid vessel
and approve its condition for sinking in accord with the provisions
in this contract. Such approval by the party of the second part will
also secure from the U.S. Coast Gurad their approval of, after the
inspection of the Curb, the place and method of sinking.
5. The party of the first part also agrees that the masts
to the Curb shall either be removed or cut off at a level below
that of the smoke stack and will also see that all hatches and
doors are either removed or fastened in an open position for all
time.
6. Any objects or things left aboard the Curb that could be
hazardous to water navigation or the recreational use or become a
public hazard shall be removed by the party of the first part before
sinking of the Curb.
7. The Curb will be towed to the Reef Site heretofore located
by the Corps of Engineers permit #8lT-0293 and not sink the same until
the same has been certified by the party of the second part that the
same is in the proper location for sinking.
8. The party of the first part agrees that the most reliable
and recognized method of sinking the Curb shall be utilized along
with the sinking of the derelicts, and that the same shall be done
as quickly and as safely as possible. Further, the party of the
first part agrees to sink the two DNR derelict vessels before sinking
the ex-Curb.
9. The party of the first part shall have full responsibility
for the towing of these vessels and the sinking operations and shall
provide:
(1) Advance notice to all appropriate government agencies of
this undertaking.
(2) Secure and comply with any and all permits necessary.
(3) Provide for the health, safety and welfare of persons or
parties involved in said operation including the carrying
of Workmen's Compensation Insurance for its employees and
Liability Insurance for those not employed by it; said
liability insurance to cover both personal loss or property
loss.
10. A certificate to be furnished to the County that all
the work and obligations required by this Contract have been
done and were in compliance with relevant law in this respect.
11. The party of the first part does agree that from the
signing of this contract, all work outlined in this Agreement
shall be completed within 90 days.
12. That except for the consideration shown in the clause
herein, neither the party of the second part nor the party of the
third part shall be obligated to pay any monies or any other
consideration for the work being entertained and embarked upon
by the party of the first part and that the full consideration,
except as shown in this contract, shall be from the salvageable
materials and equipment that enure the party of the first part
all of which is described herein.
13. As a condition to the commencement of the work
entertained in this contract, party of the first part shall
provide to the County evidence of Workmen's Compensation Insurance
of all of its employees and evidence of a Liability Insurance
Policy protecting the third party, said limits to be in the sums
of $500,000 for anyone person, $1,000,000 for anyone accident
and $200,000 for any property damage and such policy shall be
evidenced by a copy thereof being made available to the County.
IN WITNESS WHEREOF, we hereto affix our hands and seals the
date hereinabove stated.
~5ie~~nder
Marine
~
1 ess
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(SEAL)
Attest:
~!~
(SEAL)
Att est: RALPH Yf:I Yf'HITE1 ClERK
~\TMY~.O.~.
Clerk
FLORIDA KEYS ARTIFICIAL REEF
ASSOCIATION
BYU~
~ reSl e t
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BOARD OF COUNTY COMMISSIONERS
OF M:;C01i=4/f
---- Mayor/Chairman
MMo.wDM ID/IOIIM
ANDutML~
BY
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