Item H4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 18 October 2006
Division:
Growth Management
Bulk Item: Yes -X- No
Department:
Marine Resources
Contact:
George Garrett
AGENDA ITEM \VORDING:
Contract/Use Agreement between Monroe County and the Florida Department of Environmental Protection
(FDEP) Board of Trustees of the Internal Improvement Trust Fund of the State of Florida forfil1ed-sovereignty
submerged land at the end of County right-of-way, Summerland Road, Key Largo for resource protection and
prevention of unauthorized access and illegal dumping.
ITEM BACKGROUNO:
The end of Summerland Road, Key Largo was illegally filled many years ago, impinging on State Sovereignty
Lands in Lake Surprise. The State has previously asked the County to manage the area as boating access is very
shallow and impacts state resources. Currently, the Department of Marine Resources is utilizing this area for
the removal of hurricane damaged and abandoned vessels located in the area. Maintaining access is important
for these types of emergency purposes and the state supports our efforts. The State however, wishes to convey
management of the area to the County so that harmful and inappropriate access is limited through the use of
removal barriers which the Department will install.
PREVIOUS RELEVANT BOCC ACTION:
New agreement, no previous action
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
N/A
None
BUDGETED: Yes
SOURCE OF FUNDS:
No-L
COST TO COUNTY:
REVENUE PRODUCING: Yes
No -L AMOUNT Per Month
Year
APPROVED BY: County Atty _X OMB/Purchasing -L Risk Management -L
DOCUMENTATION: Included X To Follow _ Not Required
DISPOSITION:
AGENDA ITEM NO.:
BC061021 DEP Summerland Rd A.IS.doc
9: 18/20064:50:40 PM
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS;
CONTRACT SUMMARY --,-
..~f?
Contract ~lth: FDEP/lmpv. Trust Contract #U0342
-
Effective Date: 10/18/06
Expiration Date: Open
Contract Purpose/Description:
Contract/Use Agreement between Monroe County and the Florida Department of --
Environmental Protection (PDEP) Board of Trustees of the Internal Imorovement Trust
Fund of the State of Florida, for fiUed sovereignty submerged land at the end of County
right-of-way, SummerJand Road Key Largo for resource protection and prevention of
unauthorized access and illegal dumping. ~^-'--'-r--T-~o_~__"C".
Contract Manager: George Garrett 2507 #11
(Name) (Ext. ) (Department/Stop #)
for BOCe meeting on 10/18/06 Agenda Deadline: 10/03/06
CONTRACT COSTS
Total Dollar Value of Contract: $ -0-
Budgeted? YesD No r2J Account Codes:
Grant: $ N/A
County Match: $ 0
Current Year Portion: $ N/ A
N/A-_-_-_-_
- - ~ -
~------~~
~ - - -
-~~~-
Estimated Ongoing Costs: $NA/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For: NA
(eg. maintenance, utilities, janitorial, salaries, etc.)
w _ _ _
~ -----., -- ----- ~
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesD NgEj
Reviewer
Date Out
Risk Managerpent , YesD
t:;L. d l\.uattO .
O.M.B./Purchasmg q/~(Of, YesD N00
County Attorney YesD NOPJ
Comments:
OMS Form Revised 2/27/01 MCP #2
Department of
Environmental Protection
Jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Colleen M. Castille
Secretary
September I l, 2006
Mr. George Garrett
Director of Marine Resources
Monroe County, Florida
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
RE: Use Agreement No. U~0342; Summerland Road
Dear Mr. Garrett:
Attached for execution by Monroe County is the use agreement for the filled sovereignty
submerged land at the end of County right~of"way, Summerland Road, Key Largo.
Please have the use agreement executed and returned to me for final processing.
If you have any questions, please call me at (850) 245~2772.
Sincerely,
;j~0k
Tracy Peters
Government Operations Consultant II
Bureau of Public Land Administration
TPI
Attachment
Printed Oil recycled peper.
CAUl
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
USE AGREEMENT
Use Agreement No. U-0342
THIS USE AGREEMENT is hereby granted this _____ day of
, 20_ ' by the BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA,
hereinafter referred to as the "GRANTOR", through its lawfully
designated agent, the Division of State Lands, State of Florida
Department of Environmental Protection to MONROE COUNTY, FLORIDA,
a political subdivision of the State of Florida, hereinafter
referred to as "GRANTEE".
WHEREAS, the GRANTEE desires to enter and use state-owned
uplands for resource protection and prevention of unauthorized
access and illegal dumping.
WITNESSETH:
That for the faithful and t~ely performance of and
compliance with the terms and conditions stated herein, GRANTOR
does hereby grant to GRANTEE, 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 I S responsibilities and
obligations herein shall be exercised by the Division of State
Lands, Department of Environmental Protection.
2. TERM: GRANTOR does hereby grant to GRANTEE a use agreement
for the state-owned lands commencing on
20
and
extending until such time as management is transferred to an
alternative manager acoeptable to both GRANTOR and GRANTEE.
3. EXTENT OF AGREEMENT: This use agreement covers the use of
state-owned uplands in the upland area more particularly
desoribed in Exhibit "A" attached hereto, only for the purpose of
resource protection and prevention of unauthorized access and
illegal dumping, and no other use or activity shall be allowed.
4. USE OF PROPERTY AND UNDUE WASTE: This use agreement shall
be non-exclusive. GRANTOR, or its duly authorized 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 herein provided for and shall retain the right to
grant compatible uses of the state land subject to this use
agreement to third parties during the term of this use agreement.
GRANTEE shall not commit undue waste to the subject state-
owned lands. Upon termination or expiration of this use
agreement GRANTEE shall maintain or restore, as necessarf, said
state land to substantially the same condition as it was upon the
effective date of this use agreement. GRANTEE shall not remove
water from any source on state lands including, but not l~ited
to, a water course, reservoir, spring, or well, without the prior
written approval of the GRANTOR. GRANTEE shall clear, remove and
pick up all debris including, but not limited to, mud containers,
oil containers, papers, discarded tools and trash foreign to the
work locations and dispose of the same in a satisfactory manner
as to leave the work locations clean and free of any such debris.
GRANTEE shall not dispose of any contaminants including, but not
limited to, hazardous or toxic substances, chemicals or other
agents produced or used in GRANTEE'S operations, on the state
land covered by this use agreement or on any adjacent state land
or in any manner not permitted by law.
Upon termination or expiration of this use agreement and
GRANTEE shall remove all facilities and related structures
erected at GRANTEE'S expense.
5. RIGHT OF INSPECTION: GRANTEE hereby agrees that GRANTOR, or
its duly authorized agent, shall have the right at any and all
times to inspect the works and operation of GRANTEE in any matter
pertaining to this use agreement.
6. PROPERTY RIGHTS: GRANTEE agrees and it is hereby expressly
stipulated that this use agreement and consent constitutes
Page 2 of 12
Use Agreement No. U-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 vest any property right in said
holder and shall not conflict with the conservation, protection
and enhancement of said lands.
7. LIABILITY: Each party is responsible for all personal
injury and property damage attributable to the negligent acts or
omissions of that party and the officers, employees and agents
thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign ~unity enjoyed by any party hereto, as
provided in Section 768.28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
8. ASSIGNMENT: This use agreement shall not be assigned in
whole or in part without the prior written consent of GRANTOR.
Any assignment made either in whole Or in part without the prior
written consent of GRANTOR shall be void and without legal
effect.
9. CUTTING OF TREES: The cutting or removal of trees on the
state land covered by this use agreement is prohibited. In the
event that in the course of its operations it shall become
necessary for GRANTEE to cut or remove trees, such trees shall be
cut or removed only after prior written approval has been
received from GRANTOR through its representative and in
accordance with the directions lawfully given by its
representative, and title to all portions of trees so felled or
removed shall be and remain in GRANTOR. All brush and refuse
that is necessarily cut in the course of GRANTEE'S operations
shall be handled and disposed of in such a manner as to minimi~e
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 cypress trees, three
inches in diameter or greater in size at a height of forty-eight
inches from the ground at the base of the tree. Cypress trees
Page 3 of 12
Use Agreement No. U-0342
R/6/2000
subject to this provision shall be any cypress tree of two inches
in diameter or greater in size 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. TELEPHONE LINES! DITCHES AND FENCES: All telephone lines,
ditches, and fences located within or immediately outside the
exterior boundaries of the any state-owned lands shall be
protected so far as possible in the conduct of GRANTEE'S
operations, and, if damaged by reason of said operations, they
shall be repaired immediately by and at the expense of GRANTEE.
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 compensation.
11. ROADS, TRAILS! FIRE LINES: Roads, trails, and fire lines
shall at all times be kept free of brush and debris resulting
from GRANTEE'S operations hereunder. Any road! trail, or
firebreak used by GRANTEE in connection with the permitted
operations that is damaged (beyond what would be ordinary wear
and tear without such use) shall be repaired promptly by GRANTEE
at its expense to its original conditions. GRANTEE shall not
build any roads or trails without prior written approval of
GRANTOR. If any live trees are damaged through carelessness or
by fire caused by the employees or contractors of GRANTEE,
GRANTEE shall fully compensate GRANTOR for the damage caused
thereby.
12. PREVENTION OF FIRES: GRANTEE agrees to use every reasonable
precaution including, but not limited to, State of Florida
Department of Agriculture and Consumer Services, Division of
Forestry (DOF) standards for 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
Use Agreement No. U-0342
R/6/2000
In the event a forest fire shall commence in the vicinity of
GRANTEE'S operations during the period such operations are being
conducted, or immediately thereafter, it shall be conclusively
presumed that such fire occurred as a result of the operations of
GRANTEE, unless the contrary is clearly demonstrated to the
satisfaction of GRANTOR by GRANTEE, and GRANTEE hereby agrees to
pay GRANTOR for any and all damage caused to state 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 ~rovements or personal property thereon, caused
by or as a result of suoh fire. GRANTEE shall, at its expense,
replant, restock or reforest any area affected by reason of such
fire to the satisfaction of GRANTOR or its LESSEE.
13. MINERAL RIGHTS: This use agreement does not cover petroleum
or petroleum products or minerals and does not give the right to
the GRANTEE to drill for or develop the same.
14. NON-DISCRIMINATION: GRANTEE shall not disor1minate against
any individual because of that individual's race, color,
religion, sex, national origin, age, handicaps, or marital status
with respeot to any activity occurring within the area subject to
this use agreement or upon lands adjacent to and used as an
adjunct of the lands covered by this use agreement.
15. BEST MANAGEMENT PRACTICES: GRANTEE shall 1mplement
applicable Best Management Practices in compliance with paragraph
18-2.018{2} (h), Florida Administrative Code, for all of the
activities conduoted under this use agreement, which have been
seleoted, developed, or approved by GRANTOR or other land
managing agencies for the protection and enhancement of the state
land covered by this use agreement.
16. ARCHAEOLOGICAL AND HISTORIC SITES: GRANTEE hereby covenants
and agrees that execution of this use agreement in no way affects
any of the parties' obligations pursuant to Chapter 267, Florida
Page 5 of 12
Use Agreement No. U-0342
R/6/2000
Statutes. The collection of artifacts or the disturbance of
archaeological and historic sites on state-owned lands is
prohibited unless prior authorization has been obtained from the
State of Florida Department of State, Division of Historical
Resources.
17. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title
to the land included in this use agreement is held by GRANTOR.
GRANTEE shall not do or permit anything to be done which purports
to create a lien or encumbrance of any nature against the real
property vested in the GRJl...NTOR including r but not limited to,
mortgages or construction liens against the real property covered
by this use agreement or against any interest of GRANTOR therein.
18. BREACH OF COVENANTS, TERMS, or CONDITIONS: Should GRANTEE
breach any of the covenants, terms, or conditions of this use
agreement, GRANTOR shall give written notice to GRANTEE to remedy
such breach within thirty days of such notice. In the event
GRANTEE fails to remedy the breach the satisfaction of GRANTOR
within thirty days of receipt of written notice, GRANTOR may
either terminate this use agreement and recover from GRANTEE all
damages GRANTOR may incur by reason of the breach, including, but
not limited to, costs and attorneys' fees or maintain this use
agreement in full force and effect and exercise all rights and
remedies herein conferred upon GRANTOR.
19. PARTIAL INVALIDITY: 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. NO WAIVER OF BREACH: The failure of GRANTOR to insist in
anyone or more instances upon strict performance of anyone or
more of the covenants, terms and conditions of this use agreement
shall not be construed as a waiver of such covenants, terms and
conditions, but the same 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 anyone of the provisions hereof
shall in any event be deemed to have been made unless the waiver
is set forth in writing, signed by GRANTOR.
21. DUPLICATE ORIGINALS: This use agreement is executed in
duplicate originals each of which shall be considered an original
for all purposes.
22. ENTIRE UNDERSTANDING: This use agreement sets forth the
entire understanding between the parties and shall only be
amended with the prior written approval of GRANTOR.
23. TIME: Time ~s expressly declared to be of the essence of
this use agreement.
24 . INSURANCE REQUIREMENTS: During the term of this use
agreement GRANTEE shall procure and maintain policies of
insurance or a certificate of self-insurance for property damage
and public liability in amounts not less then $100,000 per person
and $200,000 per incident or occurrenoe for personal injury,
death and property damage on the state land covered by this use
agreement. Such policies or certificate shall name the GRANTEE
GRANTOR and the State of Florida as coinsureds. GRANTEE shall
submit written evidenoe of having procured all insurance policies
or oertificate required herein prior to the effective date of
this use agreement to the State of Florida Department of
Environmental Protection, Division of State Lands, Bureau of
Public Land Administration, Mail Station 130, 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000. GRANTEE shall
purchase or have purohased all policies of suoh insuranoe from a
financially responsible insurer duly authorized to do business in
the State of Florida. Any certifioate of self-insurance shall be
issued or approved by the Insuranoe Commissioner, State of
Florida. The certificate of self-insurance shall provide for
liability and property damage ooverage. GRANTEE shall be
financially responsible for any loss due to failure to obtain
adequate insuranoe coverage and the failure to maintain suoh
Page 7 of 12
Use Agreement No. U-0342
R/6/2000
policies or certificate in the amounts set forth shall constitute
a breach of this use agreement.
25. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all
financial and other records relating to this use agreement and
GRANTOR shall have the right to audit such records at any
reasonable time. This right shall be continuous until this lease
expires or is terminated. This use agreement may be terminated
by GRANTOR should GRANTEE fail to allow public access to all
documents, papers, letters or other materials made or received in
conjunction with ~~is use agreement, pursuant to Chapter 119,
Florida Statutes.
26. NOTICE: All notices given under this use agreement shall be
in writing and shall be served by certified mail including, but
not limited to, notice of any violation served pursuant to
Section 253.04, Florida Statutes, to the last address of the
party to whom notice is to be given, as designated by suoh party
in writing. The GRANTEE and the GRANTOR hereby designate their
address as follows:
GRANTOR:
State of Florida Department of Environmental
Protection
Division of State Lands
Bureau of Public Land Administration, M. S. 130
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
GRANTEE:
Monroe County
c/o Director of Marine Resouroes
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
27. COMPLIANCE WITH LAWS: GRANTEE agrees that this use
agreement is oontingent upon and subject to GRANTEE obtaining all
applicable permits and complying with all applicable permits,
regulations, ordinances, rules, and laws of the State of Florida
or the United States or of any political subdivision or agency of
either.
28. GOVERNING LAW: This use agreement shall be governed by and
interpreted according to the laws of the State of Florida.
Page 8 of 12
Use Agreement No. U-0342
R/6/2000
29. SECTION CAPTIONS: Articles, subsections and other captions
contained in this use agreement are for reference purposes only
and are in no way intended to describe, interpret, define or
limit the soope, extent or intent of this use agreement or any
provisions thereof.
30. TITLE DISCLAIMER: GRANTOR does not warrant or guarantee any
title, right or interest in or to the property described in
Exhibit "A" attached hereto.
Page 9 of 12
Ose Agreement No. 0-0342
R/6/2000
IN WITNESS WHEREOF, the parties have caused this use
agreement to be executed on the day and year first above written.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FOND OF THE
STATE OF FLORIDA
Print/Type Witness Name
By: (SEAL)
GLORIA C. BARBER, OPERATIONS
AND MANAGEMENT CONSULTANT
MANAGER, BUREAU OF PUBLIC
LAND ADMINISTRATION, DIVISION
OF STATE LANDS, STATE OF
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Witness
Witness
Print/Type Witness Name
"GRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this
day of , 20___, by Gloria C. Nelson, as
Operations and Management Consultant Manager, Bureau of Public
Land Administration, State of Florida Department of Environmental
Protection, who is personally known to me or who produced
as identification.
Notary Public, State of Florida
Print/Type Notary Name
Commission Number:
Commission Expires:
Approved as to Form and Legality
By:
DEP Attorney
Page 10 of 12
Use Agreement No. U-0342
R/6/2000
instrument was acknowledged
, 20_, by
, as
, respectively,
of Monroe County,
produced
Witness
Print/Type Witness Name
Witness
Print/Type Witness Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing
day of
MONROE COUNTY 1 FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS FLORIDA
By:
(SEAL)
Print/Type Name
Title:
OFFICIAL SEAL
Attest By;
Print/Type Name
Title:
"GRANTEE"
before me this
and
and
Board of County Commissioners
are personally known to me or
identification.
on behalf of the
Florida. They
as
Page 11 of 12
Use Agreement No. U-0342
R/6/2000
Notary Public, State of Florida
Print/Type Notary Name
Commission Number;
Commission Expires:
EXHIBIT "A"
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