Loading...
Item G04 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 17, 2013 Division: Growth Management Bulk Item: Yes X No _ Department: Marine Resources Office Staff Contact Person/Phone#: Richard Jones/289-2805 AGENDA ITEM WORDING: Approval of Release of Use Agreement No.U-0342 between Monroe County (County) and the Board of Trustees of the Internal Improvement Trust Fund (TIITF), releasing Monroe County from the Use Agreement No.U-0342 dated October 18, 2006 which provided for Monroe County to manage the state owned lands at the end of Summerland Road in Key Largo for the purpose of resource protection, and prevention of unauthorized access and illegal dumping. ITEM BACKGROUND: At its October 18, 2006, BOCC meeting the BOCC approved Use Agreement No. U-0342 between the County and TIITF providing for the County to provide management of the filled sovereignty submerged lands at the end of the County right-of-way at the end of Summerland Road in Key Largo, for the purpose of resource protection, and prevention of unauthorized access and illegal dumping. Since that time Public Works has placed barriers at the end of Summerland Road to prevent unauthorized access, and routinely removes trash. The TIITF now seeks to release the County from the Use Agreement, and will surplus the subject property. Approval of the Release of Use will absolve the County of future management and oversight of the subject site. The effective date of the Release of Use Agreement is retroactive to May 30, 2013. PREVIOUS RELEVANT BOCC ACTION: October 2006- approval of Use Agreement No.U-0342 between the County and TIITF CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM# BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA RELEASE OF USE AGREEMENT NO. U-0342 The undersigned on the day of , 2013, does hereby release all of its right, title and intent in the lands described in the attached Exhibit "A" and Use Agreement No. U-0342 dated October 18, 2006, by and between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as GRANTOR, and MONROE COUNTY, as GRANTEE, effective the 30t' day of May, 2013. MONROE COUNTY,FLORIDA By its Board of County Commissioners By: (SEAL) Witness Print/Type Witness Name Print/Type Name Title: Witness (OFFICIAL SEAL) Print/Type Witness Name ATTEST: Print/Type Name Clerk of the Board of County Commissioners of Monroe County, Florida "GRANTEE" STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by as , of He/She is personally known to me or has produced as identification. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: MONROE COUNT A TORNEY / APPROVF�P TO'FORM Ip D111:,y The BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA hereby consents to the foregoing Release of Use Agreement this day of , 20_ By: (SEAL) Witness Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division Print/Type Witness Name of State Lands, State of Florida Department of Environmental Protection Witness "GRANTOR" Print/Type Witness Name STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 20 , by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, acting as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality By: DEP Attorney Page 2 of 2 Release of Use Agreement No.0342 Revised 12/12 OAM BOARD or TWOVERS of THE 321TER19M 129PRIMMUMIT TRUST FONa OF THE STATE OF 711023 M vas AGVJ s Use Agreement go. U-0342 THIS USE AGR is hereby granted this 4d day of QG T 110 I#/ , 20 06 , by the BOARD OF TRVSTRX8 OF TBS IN'f�lNA I I362O'V32MEN'P TRUST FOND OF TH6 STA'PS OF MORIDA, hereinafter referred to as the "GRANTOR", through its lawfully designated agent, the Division of State Lands, State of Florida Department of Environmental Protection to MMUM COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as " ". WEERZAS, the GRANTEE desires to enter and use state-owned uplands for resource protection and prevention of unauthorised access and illegal dumping. NXTEESSETH: That for the faithful and timely partozmanoe of and compliance with the tares and conditions stated herein, GRANTOR does hereby grant to QPJMM, a use agreement on state-owned lands described below, to wit: (See Attached Exhibit "A") subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and Obligations herein shall be exeroised by the Division of State Lands, Department of Environmental protection. 2. Tww: GRANTm does hereby grant to GR== a use agreement for the state-owned lands common oiaq on /s /P , 2000, and extending until such time as management is transferred to an alternative manager acceptable to both GRANTOR and fddtMM. 3. ER'1BRT OF AMUMMT: This use agreement covers the use of state-owned uplands in the upland area more psrtionlarly described in zxhib+t "A" attacked hereto, only for the purpose of "source protection and prevention of unauthorised access and illegal dumping, and no other use or activity shall be allowed. 4. Un OP no== AM MM IIS'M This use agreement shall be non-exclusive. GRANZOR, as its duly authorised agent, shall retain the right to enter the state land covered by this use agreement or engage in management activities not inconsistent with the use hexein provided Tor and shall retain the right to great camp tible uses of the state land aubject to this use agreement to third partiss during the term of this use agreement. MOM shall not commit undue mate to the subject state- owned lands. 'Upon termination or expiration of this use agseemant GWIWM shall maintain or restore, as necessary, said state land to substantially the same condition as it was upon the effective date of this use agreement. MMM sba11 not remove water from any source on state lands including, but not limited to, a water course, reservoir, spring, or well, without the prior written approval of the GRANTM. QRt shall class, sgsays and Pick up all debris including, but not limited to, mad containers, oil containers, papers, discarded tools and trash foreign to the work locations and dispose of the same in a satisfactory meaner as to leave the work locations clean and free of any such debris. GRAWM shall not dispose of any contaminants including, but not limited to; hazardous or toxic substances, chemicals or other agents produced or used in GRMIMIS operations, on the state land covered by this use agreement or on any adjacent state land or in nay manner not permitted by law. Upon t6mmiuOtioa or expiration of this use agreement and shall remove all facilities and related structures erected at OPASMIB expense. S. MOST OF ZEBPaCTZCN-. ORAfS hereby agrees that OAAmT=' Or its duly authorised agent, shall have the right at any and all times to iaapeat the works and operation of OHAl1= in any matter pertaining to this use agreement. 6. PWPSM R14WS: QRWM agrees and it is hereby expressly stipulated that this use agreement and consent constitutes Page 2 of 12 Use Agreement No. a-0342 R/6/2000 permissive use only and the placing of facilities and related structures upon public property pursuant to this use agreement shall not operate to create or vast any property right in said holder and shall not conflict with the conservation, protection and enhancement of said lands. 7. I,ZR=12y: Sach party is responsible for all personal injury and property damags attributable to the negligent acts or omissions of that party and the officers, employeYas and agents thereof. Nothing hersin shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.20, Florida Statutes, an amended from time to time, or any other law providing limitations on claims. 8. ASSXGNMM: This uss agreement shall not be assigned in whole or in part without the prior written consent of GRAMR. Any assignment made either in whole or in part without the prior written consent of =Ugr= shall be void and without lagal effect. 9. Cfl'1R'ING OF S• The cutting or removal of trees on the state land covered by this use agreement is prohibited. In the avant that in the coarse of its operations it shall become aecesaszy for GRAMZZ to cut or remove tress, such trees shall be out or removed only after prior written syproval has been received from =kN= through its representative and in socordance with the directions lawfully given by its representative, and title to all portions of trees so felled or seotoved shall be and in GRANTOR. All brush and refuse that is necessarily ant in the course of 'S operations shall be handled and disposed of in such a manner as to minimise the danger of fires, all in accordance with said regulations and the directions of the representative of GRANTOR. Trees subject to this provision shall be, except for cypreas tress, three inches in diameter or greater in size at a height of forty-eight inches from the ground at the bass of the tree. Cypress trees Page 3 of 12 U" Agreement No. 0-0342 R/6/2000 subject to this provision shall be any Cypress tree of two inches in diameter or greater in siss at a height of forty-eight inches from the ground at the base of the cypress tree. However, in no event shall the indiscriminate cutting down, running over or destruction of trees or vegetation of any size be allowed. 10. TBI.HPHOME LIMB, DITCHES hWD FMCES: All telephone lines, ditches, and foams located within or immediately outside the exterior boundaries of the any state-owned lands shall be protected no far as possible in the conduct of =AWMI S operations, and, it damaged by reason of said operations, they shall be repaired immediately by and at the expense of . The representative of GRANTOR may, when in his or her judgment it is necessary to avoid risk of damage by said operations, require GRANTEE to move any such telephone lines or fence from one location to an adjacent location without compensatics. 11. ROADS, TRAIZS, FIRE IMMS: Rands, trails, and fire lines Shall at all time be kept free of brash and debris resulting from CRAW'='S operations harewuhm. Any road, trail, or firebreak used by GRAWTBB in connection with the permitted operations that is damaged (beyond what would be ordinary wear and tear without such use) shall be repaired-p%=*tly by at its expanse to its original conditions. GRAW= shall not build any roads or trails without prior written approval of GMRIrZ R. If any live trees are damaged through carelessness or by fire caused by the employees or contractors of mmme, GRAWTBE shall folly aampensate GRANTOR for the damage caused thereby. 12. PRBVSWTIoK OF imas: =MMM agrees to use every reasonable Precaution including, but not limited to, stab of Florida Department of Agrianitnre and Consumer Services, Division of Forestry (DOF) standards fax fire safety on state Forest lands, to prevent the occurrence of forest fires on state lands and to promptly notify the DOF office or nearest of any such occurrence. Page 4 of 12 1980 Agreement No. U-0342 R/6/2000 =n the event a forest tiro shall commence in the vicinity of MAMMIS operations during the period such operations are being conducted, or immediately thereafter, it shall be conclusively presumed that such tire occurred as a result of the operations of =M1'S, unless the contrary is clearly demonstrated to the satisfaction of GR11l= by Gi MMI and QRRM= hereby agrees to pay 1MWZOR for any and all damage caused to stag lands by such fire, including but not limited to, costs to suppress such fire; costs for the damage to the timber, trees or other forest products (whether standing, cut or fallen); and costs for the damage to any improvements or persons' pxopox-ty thereon, caused by or as a result of such fire. Q MIM shall, at its eapeuae, replant, restock or reforest any area affected by reason of such fire to the satisfaction of G11AWM or its LZBSM. 13. MZNNMAL RXGWS: This use agreement does not cover petroleum or petroleum products or minerals and does not give the right to the GMUMM to drill for or develop the same. u. -DIBCRnwALTxcu: =AN2= ahall not discriminate against any individual because of that individual's race, color, religion, aex, national origin, age, bandioapa, or marital status with respect to any activity occurring within theavea subject to this use agreement or upon lands adjacent to and used as an adjunct of the leads covered by this use agreement. 15. BBST hUMORNMAT PUMCSS: GRUMU shall implement applicable Best Management Practices in compliance with paragraph 18-2.018(2) (h), Florida Administrative Coda, for all of the activities conducted an this use agreement, which have been, selected, developed, or approved by MAXTOR or other land managing agencies for the protection and enhancement of the state land covered by this use agreement. 16. A CBA80LMCRL ACID 8=STORic SXM: CRAM= hereby covenants and agreas that execution of this use agreement in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Page 5 of 12 IIme Agreement No. II 0342 R/6/2000 Statutes. The collection of artifacts or the disturbance of arohaeologioal and historic sites on state-owned lands is prohibited unless prior authorisation has been obtained frog the State of r1or3da Department of State, Division of Historical Resources. 17. PROHIBITIONS AQAIMST LIEN8 OR 0T88R MTCMUBRANCH8: Nbe title to the land included in this use agreement is held by GRANTOR. GRANTER shall not do or permit anything to be done which purports to create a lien or enanmbranoe of any nature against the real property vested in the GRANTOR including, but not limited to, mortgages or construction lions against the real property covered by this use agreement or against any interest of GRANTOR therein. 26. BREACS OF COVENANTS, , or CMWITIONS• Should GRANTEE breach any of the covenants, terms, or conditions of this use agreement, GRANTOR shall give written notice to GRANTEE to remedy such bweach within thirty days of such notice. In the event GRANTEE fails to rqmscjy the breach the satisfaction of GRANTOR within thirty days of receipt of written notice, =MIT= any either terminate this use agreement and recover from GRANTER all damages GRANTOR may incur by reason of the breach, including, but not limited to, costs and attornsyse fees or maintain this use agreement in full force and effect and exercise all rights and Canadian herein conferred upon GRANTOR. 19. PARTIAL iNMXDXTY: if any term, covenant, condition or provision of this use agreement shall be ruled by a court of competent jurisdiction, to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 20. MO NaIVER 08 BREACH: The failure of GRANTOR to insist in any one or more instances upon strict perfomance of any one or more of the covenants, toms and conditions of this use agreement Shall not be construed as a waiver of such covenants, terns and conditions, but the came Shall continue in full force and effect, Page 6 of 12 Use Agreement No. U-0342 R/6/2000 and no waiver of GRANTOR of any one of the provisions hereof shall in any event be deemed to have been the waiver is sot forth in writing, signed by GRANTOR. 21. DVPLICATS CRIGINUA: This use agreement is executed in duplicate originals each of which shall be ooaaiderod an original for all purposes. 22. ZWTM =C2282AMMING: This use agreement sets forth the entire understanding between the parties and shall only be amended with the prior written approval of GRANTOR. 23. ME: Time is expressly declared to be of the essence of this use agreement. 24. INBVAANCS REQUIRUMUTS: During the term of this use t GRANTBB shall procure and maintain policies of insurance or a certificate of self-insurance for property damage and public liability in mounts not less then $100,000 pow person and 0200,000 per incident or occurrence for personal injury, death and property damage on the state land covered by this use agreement. Such policies or certificate shall name the t,RNWM GRANTOR and the State of Florida as coinsureds. QVjMM2 shall submit written evidence of having procured all insurance policies or certificate required herain prior to the effective date of this use agreement to the state of Florida Department of Mvirommental Protection, Division of State Sands, Sureau of Public Land Administration, !Sail Station 130, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000. GRA T88 shall purahase or have purchased all policies of such insurance from a financially responsible inure duly authori:od to do business in the State of Florida. Any certificate of self-insurance shall be issued or approved by the insurance Commissioner, State of Florida. The certificate of self-insurance shall provide for liability and property damage coverago. GRAMM shall be financially responsible for any loss due to failurs to obtain adequate insurance coverage and the failure to maintain such Page 7of12 VMS Agreement No. V-0342 R/6/2000 policies or certificate in the amounts not forth shall constitute a breach of this use agreement. 25. RX=T OF A=XT: GRANMM shall make available to OVAN24M all 4inann;,.' and other records relating to this use agreement and GRANT03t shall have the right to audit such records at any reasonable time. This right shall be continuous until this lease expires or is ted. This use agreement may be terminated by GRANTOR should =AN= fail to allow public access to all doconants, papers, letters or other materials made or received in conjunction with this use agreement, pursuant to Chapter 119, Florida Statutes. 26. NO+PSCB: All notice* given under this use agreement shall be In writing and shall be served by certified mail including, but not limited to, node of any violation served pursuant to Section 253.04, Florida Statutes, to the last address of the Party to wheel notice is to be given, as designated by such party in writing. The GRhW= and the GRANTCR hereby designate their address as follows: GRANTOR: State of Florida Department o£ 8aviroament42 Protection Division of State rands 8- of public Lend Administration, M. S. 230 3900 Casmonwealth Boulevard Tallahassee, Florida 32399-3000 0MAWM: County c/o Director of Marine Resources 2798 Overseas Rigbway, Suite 420 Marathon, Florida 33050 27. CEWZ#Zh= NXT8 LAMS: GRAN' agrees that this use a9zoesmat is contingent upon and subject to GRAN= obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, =lea, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 29. GOVSRNING LAW: This use agreement shall be governed by and interpreted according to the laws of the State of Florida. Page 8 of 12 Vse Agseeswnt No. U-0342 R/6/2000 29. MCTICK CAp'1ONSI: Articles, subsections and other captions contained in this use agrsament are for reference purposes only and are in no ray intended to describe, interpret, define or limit the sea", a:tent or intent of this use agreement or MW provisions thereof. 30. TI% DISCbAtNR: MLVN Oft does not warrant or guarantee any title, right or interest in or to the property described is 8s164bit "A" attached hereto. Dage 9 of 12 Use Agreement No. U-0342 R/6/2000 IN IMIXSSS iik0k MY, the parties have caused this use agreement to be esecnted on the day and year first above written. BOARD Or TRUBT=BS OF TER IXTZMMML xbm?F VS10lliT TJWST Fm OF TOM SUM OF FLORIDA Aboud_n.. edua, (mi) WAWA C. Baamm' OPZWAM mrs Am MANAGMEaT CMBMTMT t/ mvpass Name I111MI&MR, BoasAv OF PU=C LUM ADKERXBTRATIOK, DIVI920m Or STAT= IMMS, STAIR OF lri FLORIDA DEPAR'mam O]F PROTECTION Print Type N taes wGIPMU1'OR" STRm Or FLOR M COMM OF UOU The f ^ing ina} went was acknowledged before m this S+ day of 20Qk, by Gloria C. Nelson, as Operations cad RSaaaga®ent Coasultaat Manager, Bureau of Public Land Administration, State of ]Florida Departmueut of =aviromental Protection, who is personally kne to me or rho p educed as idea i oh. No Public, state of Florida Print/Type Notssy Sylvim S.Roberts Cosmisaioa Number: •CamedWm#0D4W4 E*nSgb.r.mbwB.estea Commission 8spi s: Approved s to ]Fora Legality By: At ' Page 10 of 12 Use Agzamment No. U-0342 R/6/2000 MMMOZ COMITY, FLORMA By ITS Sam Of C0MMS8I0111128 r r by: (8811L) Witness �. A VEATGZ.AiUGLS_ lifs fragm Pr;Lnt#RiWa Witness Name Print/Type Nam Title: Witae e J."i O>:,rl Print T pe Witness Name Attest Hy: C. Psint/Type US= Title: A rY� y Glsl� qll STEAMS of�yy�ry FZAWLWA COUNTY OF bIMMOS; foregoing instrument was aoknowledgad more as this day of sV6w , 20_fe,, by w/41~ " 5Cf and , as w,r N and , reapeotiw y, on behalf of the Hoard of codity Coemtissioners at xonroe County, Ylorida. They are Personally known to me or produoad as Notary PuBlic, State of Plorida Print/Type Notary Dame Commission Number: Commission Espirss: WCOMWO MO0Dp1 O a �tirud.�.s� MONROE COUNTY ATTORNEY APPRO f:0 AS TO FORM: Page 11 of 12 Use Agreement No. N-0342 OW 8U i M.3RIMSLE YJ R/6/2000 A8881T ATTORNBY Dots EXMIT "A" 41 1 � Y , 1 , i I •, I � 1 e � I Page 12 of 12 Use Agrertnent No. U-0342 LEGAL DESCRIPTION OF PROPERTY All that portion of the property lying North of Lot 1, Block 13, Lake Surprise Estates, according to the plat thereof as recorded in Plat Book 4, Page 162 of the Public Records of Monroe County, Florida, as shown on the Specific Purpose Survey for the Department of Natural Resources by James E. Beadman, P. L. S., dated September 26, 1989, filed in the Bureau of Survey and Mapping Office File No. 2115, Division of State Lands, Department of Environmental Protection, described as follows: Begin at the Northeast Corner of said Lot 1; thence North a distance of 50.00 feet; thence West a distance of 25.00 feet; thence Northerly to the Mean Water Level Line being elevation 0.56 feet, National Geodetic Vertical Datum of 1929 as shown on said Survey; thence Westerly, Northwesterly, and Southwesterly along said Mean Water Level Line to the intersection with the Northerly projection of the West line of Lot 1; thence South a distance of 50 feet more or less along the Northerly projection of said West line of Lot 1 to the Northwest corner of Lot 1; thence East a distance of 140.00 feet along the North line of Lot 1 to the Point of Beginning being the Northeast corner of said Lot 1. Together with All that property lying West of the North projection of the West line of Lot 1, Block 13, Lake Surprise Estates, according to the plat thereof as recorded in Plat Book 4, Page 162 of the Public Records of Monroe County, Florida, as shown on the Specific Purpose Survey for the Department of Natural Resources by James E. Headman, P. L. S., dated September 26, 1989, filed in the Bureau of Survey and Mapping Office File No. 2115, Division of State Lands, Department of Environmental Protection, described as follows: Begin at the Northwest Corner of said Lot 1, as shown on the Specific Purpose Survey for the Department of Natural Resources by James E. Headman, P. L. S., dated September 26, 1989, filed in the Bureau of Survey and Mapping Office File No. 2115, Division of State Lands, Department of Environmental Protection; thence West a distance of 5 feet more or less along the Westerly projection of the North line of said Lot 1 to the to the Mean Water Level Line being elevation 0.56 feet, National Geodetic Vertical Datum of 1929 as shown on the Specific Purpose Survey for the Department of Natural Resources by James E. Headman, P. L. S., dated September 26, 1989; thence North and Northeast along the Mean Water Level Line to the intersection with the North projection of the West line of said Lot 1; thence South along the North projection of the West line of said Lot 1 to the Point of Beginning being the Northwest Corner of said Lot 1. Date: 05.15.13 John Moore Surplus Parcel Section 31, T60S, R40B Monroe County