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License No. N62467-02-RP-00134 CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FWRlDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: May 31,2002 TO: Dent Pierce, Director Public Works Division FROM: Beth Leto, Administrative Assistant Public Works Division Pamela G. Hanc~ Deputy Clerk c:Y ATTN: At the May 15, 2002, Board of County Commissioners meeting the Board granted approval to renew and authorized execution of the License Agreement No. N62467-02-00134 between Monroe County and the United States Department of the Navy for use of Navy shoreline on Boca Chica Beach. Enclosed are two duplicate originals, executed on behalf of Monroe County, for your handling. Please be sure that the fully executed "Monroe County Clerk's Original" is returned to our office as soon as possible. Should you have any questions please do not hesitate to contact this office. cc: County Administrator w/o document County Attorney Finance File ./ Monroe County Public Works Division Facilities Maintenance Department 3583 S. Roosevelt Boulevard Key West, FL 33040 (305) 292-4431 Fax (305) 295-3672 r-'--- BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny", McCoy District 3 Mayor Pro tem Dixie Spehar, District I Commissioner George Neugent, District 2 Commissioner MUIlllY Nelson, District 5 OKl!~ ~o~~E (305) 294-4641 Department of the Navy Naval Air Facility P.O. Box 9001 Key West, FL 33040-9001 Attention: Mr. E. Ron Nunes, P.E., Lieutenant Commander RE: License #N62467-02-00134 Dear Sir: On May 15, 2002, the Monroe County Board of County Commissioners approved to renew the License Agreement with the United States Department of the Navy to provide the public with a recreational area along the southern shoreline of Boca Chica Key. Enclosed are two duplicate originals executed on behalf of Monroe County, for further execution on behalf of the Department of the Navy. Please return the fully executed "Monroe County Clerk's Original" as soon as possible. Thank you for your time. If you have any questions please call me at 292-4549. Sincerely, ~~:~~~~, Lower Keys Operations JWK/amm cc: James Roberts Dent Pierce Pamela Hancock LICENSE FOR NON FEDERAL USE OF REAL PROPERTY NAVFAC 11011/29 (6-75) (Supercedes NavDocks 2260) LICENSE NUMBER THIS LICENSE TO USE THE U.S. GOVERNMENT PROPERTY HEREIN DESCRIBED IS ISSUED BY THE DEPARTMENT OF THE NAVY TO THE LICENSEE NAMED BELOW FOR THE PURPOSE HEREIN SPECIFIED UPON THE TERMS AND CONDITIONS SET FORTH BELOW AND THE GENERAL PROVISIONS ON THE REVERSE SIDE HEREOF. BY THE EXECUTION HEREOF THE LICENSEE AGREES TO COMPLY WITH ALL SUCH TERMS, CONDITIONS AND GENERAL PROVISIONS. N62467-02-RP-00134 I. NAVAL ACTIVITY (Property location) Naval Air Facility Key West, Florida 2. DATES COVERED (Inclusive) FROM I January 2002 TO 31 December 2007 3. DESCRIPTION OF PROPERTY: As delineated on Exhibit "A", this property runs along the southern shoreline of Boca Chica Key. The shoreline is comprised of both sandy and rocky areas. 4. PURPOSE OF LICENSE: To provide the public with a needed recreational area.. 5. LICENSOR UNITED STATES OF AMERICA 15a. LOCAL REPRESENTATIVE, DEPT. OF THE NAVY OFFICIAL (Title and address) Commanding Officer, Naval Air Facility 6. LICENSEE (Name and address) Monroe County, J>ubl;~ 8~, .;~~ BIde;. Ke West, FL 33040 6a. LOCAL REPRESENTATIVE (Name and address) 1100 Simonton Stree, Mr.JimRoberts,CountyAdministration 1100 Simonton Street, Suite 205 .Ke West,FL33040 7. CASH PAYMENT BY LICENSEE (Payable in advance) (If no cash payment is required, enter "None" under item 7a "Amount") a. AMOUNT (Each payment) $ None b. FREQUENCY PAYMENTS DUE c. FIRST DUE DATE -.... -:0. o CJ 2: ). d. TO (Title and address oflocal representative of the Go~t) fTl ~ :.~ " . r- "'" ~::::::J c:::> ~ L C r- '"T'J r- f'T1 o ""Tl :::0 :::0 ,..., a. AMOUNT (Each b. FREQUENCY c. FIRST DUE DATE deposit) PAYMENTS DUE $ N/A-VacantLard d. TO (Mailing address) ~30;:J: ..0;;.. a -f,...." -<~ '...,.... .." ;po r- ~ :t> -0 ::z:: N 8. DEPOSIT FOR UTlLITES AND SERVICES (Payable in advance) (If no cash payment is required, enter "None" under item 8a "Amount") 0"\ c-:> o :::0 CJ 9. INSURANCE REQUIRED AT EXPENSE OF LICENSEE (If any or all insurance requirements have been waived, enter "None" in a,b,c or d as appropriate) TYPE MINIMUM AMOUNT TYPE MINIMUM AMOUNT a. FIRE AND EXTENDED c. THIRD PARTY PERSONAL COVERAGE $ None INJURY PER PERSON $ 100,000.00 b. THIRD PARTY d. THIRD PARTY PERSONAL PROPERTY DAMAGE $ 100,000.00 INJURY PER ACCIDENT $ 300,000.00 10. GENERAL PROVISIONS (See Reverse Side) Licensee is self insured through the Florida Municipal Liability Self Insurance Program (see Exhibit "B"). Licensee is also subject to the additional provisions as listed in Exhibit "C". FOR II. EXECUTION OF LICENSE BY If License is a Corp D DATE DEPARTMENT OF THE NAVY NAME AND TITLE (Typed) SIGNATURE ('--,;7-8-02 LICENSEE May 15, 2002 10. GENERAL PROVISIONS a. The Licensor hereby grants to the Licensee the right to use the premises or facilities described in item 3, together with the necessary rights of ingress and egress. b. This License shall be effective for the period stated in item 2 and is revocable at any time without notice at the option and discretion of the Licensor or its duly authorized representative. c. The use shall be limited to the purposes specified herein. d. This License shall be neither assignable nor transferable by the Licensee. e. If utilities and services are fumished the Licensee for its use of the premises the Licensee shall reimburse the Licensor for the cost thereof as determined by the Licensor in accordance with applicable statutes and regulations. f. The Licensee, at its own cost and expense, shall protect, maintain, and keep in good order, the premises or facilities licensed hereby. At the discretion of the Licensor this obligation shall include, but not be limited to, contribution toward the expense of long-term maintenance to the premises or facilities, the necessity for which accrued during the period of Licensee's use. The amount of expense to be borne by the Licensee shall be determined by prorating the total expense of the item of long-term maintenance on the basis of fractional use by the Licensee. This fractional part of the total expense shall be prorated further if the item oflong-term maintenance did not accrue in its entirety during the Licensee's use. Upon a determination by the Licensor that the necessity exists for an expenditure of funds for maintenance, protection, preservation or repair, the Licensee shall pay to the Licensor its proportionate share, on demand. g. No additions to, or alterations of, the premises or facilities shall be made without the prior consent of the Licensor. Upon revocation or surrender of this Licensee, to the extent directed by the Licensor, the Licensee shall remove all alterations, additions, betterments and improvements made, or installed, and restore the premises or facilities to the same, or as good condition as existed on the date of entry under this License, reasonable wear and tear excepted. h. The licensee shall be liable for any loss of, or damage to, the premises or facilities incurred as a result of its use and shall make such restoration or repair, or monetary compensation as may be directed by the Licensor. The Licensee's liability for loss or damage to the premises resulting from risks expressly required to be insured hereunder shall not exceed the amount of insurance so required. The Licensee shall not be liable for loss of, or damage to, the premises arising from causes beyond the control of the Licensee and occasioned by a risk not in fact covered by insurance and not customarily covered by insurance in the locality in which the premises are situated. Nothing contained herein, however, shall relieve the Licensee of liability with respect to any loss or damage to the premises, not fully compensated for by insurance, which results from willful misconduct, lack of good faith, or failure to exercise due to diligence, on the part of the Licensee. All insurance required of the Licensee on the premises shall be for the protection of the Licensor and the Licensee against their respective risks and liabilities in connection with the premises. Each policy of insurance against loss or damage to Government property shall name the Licensee and the United States of America, Department of the Navy, as the insured and shall contain a loss payable clause reading substantially as follows: "Loss, if any, under this policy shall be adjusted with (Name of Licensee) and the proceeds, at the direction of the Government, shall be payable to (Name of Licensee), and proceeds not paid to (Name of Licensee) shall be payable to the Treasurer of the United States of America." In the event that any item or part of the premises or facilities shall require repair, rebuilding or replacement resulting from loss or damage, the risk of which is assumed under this paragraph h, the Licensee shall promptly give notice thereof to the Licensor and, to the extent of its liability as provided in this paragraph, shall, upon demand, either compensate the Government for such loss or damage, or rebuild, replace or repair the items or items of the premises or facilities so lost or damaged, as the Licensor may elect. If the cost of such repair, rebuilding, or replacement exceeds the liability of the Licensee for such loss or damage, the Licensee shall effect such repair, rebuilding orreplacement if required so to do by the Licensor, and such excess of cost shall be reimbursed to the Licensee by the Licensor. In the event the Licensee shall have effected any repair, rebuilding or replacement which the Licensee is required to effect pursuant to this paragraph, the Licensor shall direct payment to the Licensee of so much of the proceeds of any insurance carried by the Licensee and made available to the Government on account of loss of or damage to any item or part of the premises or facilities as may be necessary to enable the Licensee to effect such repair, rebuilding or replacement. In the event the Licensee shall not have been required to effect such repair, rebuilding, or replacement, and the insurance proceeds allocable to the loss or damage which has created the need for such repair, rebuilding or replacement have been paid to the Licensee, the Licensee shall promptly refund to the Licensor the amount of such proceeds. i. The Licensee shall indenmify and save harmless the Government, its officers, agents, servants and employees from all liability under the Federal Tort Claims Act (62 Stat. 869, 982; 28 U.S.C. Sec 2671, 2680) or otherwise, for death or injury to all persons, or loss or damage to the property of all persons resulting from the use of the premises by the Licensee, and shall furnish the insurance specified in Item 9. Each policy of insurance required in Item 9 covering bodily injuries and third party property damage shall contain an endorsement reading substantially as follows: "The insurer waives any right of subrogation against the United States of America which might arise by reason of any payment made under this policy." j. All insurance required by this License shall be in such form, for such periods of time, and with such insurers as the Licensor may require or approve. A certificate of insurance or a certified copy of each policy of insurance taken our hereunder shall be deposited with the Licensor's local representative prior to use of the premises and facilities. The Licensee agrees that not less than thirty (30) days prior to the expiration of any insurance required by this License, it will deliver to the Licensor's local representative a certificate of insurance or a certified copy of each renewal policy to cover the same risks. k. No member of or Delegate to Congress, or Resident Commissioner shall be admitted to any share or part of this License or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this License if made with a corporation for its general benefits. \. The Licensee warrants that it has not employed any person to solicit or secure this License upon any agreement for a commission, percentage, brokerage or contingent fee. Breach of this warranty shall give the Government the right to annul this License or in its discretion to recover from the Licensee the amount of such commission, percentage, brokerage or contingent fee in addition to the consideration herein set forth. This warranty shall not apply to commissions payable by the Licensee upon contracts or sales secured or made through bona fide established commercial or selling agencies maintained by the Licensee for the purpose of securing business. m. In connection with the performance of work under this License, the Licensee agrees not to discriminate against any employee or applicant for employment because of race, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer,; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Licensee agrees to post hereafter in conspicuous places available for employees and applicants for employment, notices to be provided by the Licensor setting forth the provisions of the nondiscrimination clause. The Licensee further agrees to insert the foregoing provisions of the nondiscrimination clause. The Licensee further agrees to insert the foregoing provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials. n. All activities authorized hereunder shall be subject to such rules and regulations as regards supervision or otherwise, as may, from time to time, be prescribed by the local representative of the Licensor as designated in Item 5a. NAVFAC 11011/29 (6-75) (Back) - c./: •,"1 .t,41100... . ‘ . .1 A., if N ;s. \ , i �j1 `: . l =1:;.1• LLPG _ 1 ,1\yr ;, ••.` Tt !•'� 1. • ,i• l :l i. \ GAY • = ! 1 ° �.; J:• :,�' 1:.j i4 Tom} •`1 ?tk 1''n' • ! it /i' / 'r 11 ., ♦ r ‘. ,�':; •�• I' y' / 1/ f\I I c-1....* t':=,i /•-•,I" l'_; if�"�� ,'♦ // -G. '` �• • �' yY,,,%/ �• 1 Y�— .. . •f^�� ,/yam._ "I • . T `• I 7 1.- ,,. ;t : • • `.. . / •E • izt „-‘.. _,....! ,,.. . ' .� f' ��.: �• ,...,, , e‘ "- yy'l ) e I o; fir_—.�_.1••` \♦ ,'♦ /♦ � ,�• `' 1• 11 ;1. •...4%.. 7.7., 11kT \ V1 t.0� V t< • ;411;• .. .,..,, e„ , s s , ,\ li \ '1.'k.we. ',.•:.•/ ,,1,..r.':// 2„ \ \ • • 41 v4;I 1 - _ •,1 ••.,; •♦ ..� r♦• h 3 l> ;/: ', �• j `' • v) ¶7+ TTT:•l; 7 TT ll �12 � '•� 0%..1!• ..) ....h.....ii.:2-4.-r. ___),'"-nL1 je /,''',/' (/,s / s��}y\ :r_c:: s^:l , ._..\ .✓^`i; ..._A..'.. \`i•\\Is.P. 1I• , r .;/ �� II .0. A;i7lis. ./- .s.i. ,.„...C.- )1 IC....,,..!'. - c-\\ ;...il 0 CO -.pi... ...,1 0•''d.**d\:.. ..11E1 \ '.•\:‘.% i .. ! ..,•0°' _.,..A. ..* i i .:. Mew 0i'` i 1 vi-.\._l r 1. ••, 4 •-,"'t ..---" „.....1 . --...i. • ! . • • ! • ,r-"---2 . •-t l'° ' • It •' +' i •1� I� t t l o '.1 ..'". .N!• ;.I:Nig4 I .•`.., my/ „c.o..' 4;4' -+.' . tz: . - ' ?, —'7-77-.: .. ") 'Xi. •*". L.-- 1 u � '• i t� ;tt .IIt j • ( , I ". 1t, t %1 / • .' , ; : i .� / ce / _ :\ ; a:.; :{, i • �.. t c't\- (.1r140,) Feb,l' 02 09:22a p, 1 ~ r )111 · .~ l Monroe COUllty Public Warks Division . "~.'-;~\'-1 "-. . , ~J!J /o~ ~~J- ()LfL(JU'J Facsimile Transmission I ate: No. of Pages: ;).. (including cover) 10: - 'elephone Number~ ] 'ax Number: _..~~} -;)~~ I' elephone Number' '<lX NlJmber' 31111 Ship to Address. (305) 292-4431 (305) 29G-36 72 3583 South Hoosevelt Olvd. K~y W~st. rl 3.104C) '- 1/ YL- ~ Remarks: "----- . - ~ -----.- "---- ---- i:L- ~'r EV~li"5:iT <<(~ )VERAGE - LIABILITY General LiI )Ility 18I Com~ ehenslve Generalllabll.ty, Boddy Injury, Prop~ny Ddl1\age and Pel so al Inlury 181 Errors 311d OmissIons liability 181 SUppJ mental Employment Practice 181 EmpIe lee Benefits Program AdministratIOn liability l8I Madlt II Attendants'IMed.cal Directors' Malpract;t:l: Liability 181 Broad ~orm Property Damage o law E lforcement Liability 181 Undel ,round, ExplosIon & Collapse Hazard LlOnt" .f L'i1bility . Corr lined Single lllTIIt Dedu' ble NIA Automobd Liability l8I All ov -,cd Autos (Private P....enger) ~ All ov ,ed Autos {Other than Private Passengerl 181 Hired \utos 181 Non-( Nned Autos Limits ,f liabIlity . Corr lined Single lImit Oeduc hie NIA -1 ~c; ;}-Lf$1-j/ TYPE OF COVERAGE. PROPERTY 0 Buildmgs l8I Miscellaneous o Basic Form 0 Inland Manne o Special form 0 Electronic Data ProcesslIlg 0 Personal Property 0 Bond o Basic Form IZI Honesty alanket !:lond - $500,000 o SpecI~1 form o Agreed Amount o Deductible NIA o COinsurance NIA o Blanket o SpeCifIC o Replacement Cost o Actual Cash Value Limits of Liabmty on File with AdmInistrator TYPE OF COVERAGE. WORKERS' COMPENSATION o Statutory Workers' Compensation o Employers Llllblllty $1,000,000 Each ^ccident $1,000,000 By Disease $ 1,000,000 Aggregate By D,ltoase o Deductible NIA o Automobil (EqUipment - Deductible 181 PhYSIC I Damage Par Schedule - ComprehenSive - Auto Per- Schedule, Colhslon - Auto NIA . Miscellaneous EqUIpment Other L The 10 lit of "ability IS $5,000,000 {combIned Single "mltl bodily Inlury andlor property damage each occurrence III excess of a se/f-lIlsured retention of $ f<QO,OOO ThiS "mlt IS solely for any liability resultlllg from entry of a claims bill pursuant to SectIOn 768 28 (5) FlumJd Statutes or lIabl"ty .mpn ,ei pursuant to Fed!!ra! law or actIons outSide the State of FlolJda . I DeSCriptio' of Operal1onsllocatlonslVetucleslSpecialltems RE Proof, I coverage, OE5,GNATEC IIIfMefR THIS CERTIFf ATE lS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIflCAlE HOLDER 11115 CERTlFlCATE DOES NOT AMEND, EXTEND OR ALTER THE COVER~ iE AfFORDED BY THE AGREEMENT A80Vt ~ONROE COUNTY BOARD OF COUNTY OMMISSIONERS '00 SIMONTON S fREET l___ EY WEST, FL 33040 ;Y'T C!:I\T ~, ( 961 I I- CANCEllATIONS SHOULO "''1Y PART OF THE ABOVF DESCRIBED AGREEMENT BE CANCELLED BEFORE TH1: EXPIRATION DATE TttERFOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 4S DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAilURE TO M""l SUCH NOTICF SHALL IMPOSE NO OBllGA nON OR LIABILITY 01 ANY KINO UPON THE PROGRAM, ITS AGENIS OR R~PRESfNTATIVES ~~~- AUTHORIZED llEPR~S~NT A TIVE " . The Licensee is further subject to the following provisions: 1. The County shall provide maintenance of licensed shoreline as follows: A, Trash 1. Place and maintain appropriately marked receptacles along the licensed area, 2, Weekly trash pick-up for trash receptacles, often if copditions warrant, 3, Weekly loose trash pick-up, 4, Weekly removal of illicitly dumped material. or mo r e B. Gr~ss Cutting - Monthly along lic~nsed area. C. A coordinated effort shall be made between the Navy's Environmental Resources Division to reestablish and expand sea oat plantings for shoreline stabilization. 2. The County shall enforce the followin~ prohibitions on the licensed shoreline: A. No vehicle park~ng (in the clear zones). B. No camping C. No placement of utility poles or any other obstructions. D. No lights, fires, ,or smoke transmission, E. No facilities including concession stands and parking lots F. No cutting, harvesting, removing,' or eradicating any of the grass commonly known as Sea oats, Uniola Paniculata, in accordance with FS 370,041, 3, The County must provide for enforcement of provisions as follows: A. County will enforce aforementioned prohibitions, B, County will cbnduct periodic patrol of beach to curtail other illegal activities e,g, drug use/altercations, 4, Miscellaneous - The County shall provide and maintainsi~na~e which explains the aforementioned prohibitions. 5, This license will be terminated if an increase in persons using the area results in a detrimental increase in bird activity and an obvious increase in the chance of bird strikes by Naval Aircraft. EXHIBIT .C. N62467 -ll2-RP-00134-