10/18/1995 Agreement
LAND MANAGEMENT AGREEMENT
THIS AGREEMENT entered into this 18TH day of OCTOBER , 1995,
by and between Monroe County, a political subdivision of the State
of Florida (hereinafter "the County"), and the United States
Department of the Interior, Fish and Wildlife Service, (hereinafter
"the Service"), in order to establish mutual agreements regarding
the management of property purchased by the County within National
Wildlife Refuges in the Florida Keys.
WHEREAS, the County applied for a grant from the Florida
Communities Trust (FCT) for the purpose of purchasing land to
implement the rate of growth controls, density reductions, and open
space requirements in the Monroe County Year 2010 Comprehensive
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WHEREAS, in a letter to the FCT dated December2:!l>} 1~3, ~he
Service expressed support for the County' s grant':;r:p'rop~al .~nd
pledged the Service's assistance in managing said ~~nds ~ch~ed
by the grant. and :i ~.~.. ~.r,
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WHEREAS, the FCT has awarded the grant to the Cognty and?imPcgsed
certain management requirements referenced in a> grant ~ont:Qact
dated May 3, 1994; and .~
WHEREAS, the Service wishes to assist the County in implementing
said management requirements and the County wishes to accept this
assistance;
WHEREAS, the Service is authorized by the Fish and Wildlife Act of
1956 (16 U.S.C. 742a-742j) to conduct activities required for the
development, advancement, conservation, and protection of fish and
wildlife resources, including acquisition of land and water or
interests therein;
NOW THEREFORE, the County and the Service do hereby agree as
follows:
1. The term of this agreement shall commence on the date of
execution and continue for a period of twenty-five (25) years
unless sooner terminated pursuant to the provisions of this
agreement. This management agreement may be renewed upon
written agreement of the County and the Service.
2. Either party may terminate this agreement at any time for
convenience upon six (6) months prior written notice to the
other party.
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3. The County shall provide the Service with the legal
descriptions of all properties purchased under the grant and
located within the authorized acquisition boundary of the
National Wildlife Refuges in the Florida Keys for which the
terms of this agreement apply.
4. The Service shall designate and administer the property as
part of the National Wildlife Refuge System pursuant to the
National Wildlife Refuge Administration Act, 16 U.S.C. Section
668dd, and the regulations promulgated in accordance
therewith.
5. The Service agrees to conduct the following management
activities on said properties in accordance with the FCT-
approved management plan:
a. Periodic monitoring to identify any illegal
activities or dumping of trash and debris.
b. Removal and disposal of any trash and debris except
hazardous contaminants which shall be the
responsibility of the County.
c. Eradication of invasive exotic vegetation and
replacement or propagation of native species.
6. All notices, demands or other communications to the Service
under this agreement shall be in writing and shall be deemed
received if sent by certified mail, return receipt requested,
to:
U.S. Department of the Interior, Fish and Wildlife
Service, National Key Deer Refuge, P.O. Box 510, Big Pine
Key, Florida 33043-0510.
All notices, demands or other communications to the County
under this agreement shall be in writing and sent by certified
mail, return receipt requested, to:
Monroe County Land Authority, 3706 North Roosevelt
Boulevard, Suite I, Key West, Florida 30040
7. Liability of the Service for property damage or the death or
injury of persons arising out of the negligent act or omission
of its employees acting within the course and scope of their
employment and this agreement, is governed by the terms of the
Federal Tort Claims Act, 28 U.S.C., ~ ~ 2671-2680.
8. It is mutually agreed that nothing in this agreement shall be
construed to require the Service to expend any funds that have
not been lawfully appropriated and administratively allocated
for the purpose set forth in this agreement.
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9. In the event of litigation between the parties, arising out of
this agreement, the recovery by the Monroe County Board of
Commissioners of its attorney's fees and costs incurred in
such litigation, including any appeal therefrom, shall be
governed by the provision of the Equal Access to Justice Act,
28 U.S.C. ~ 2412.
IN WITNESS WHEREFORE, the parties or their authorized
representatives hereby execute this agreement on the day and year
first above written.
.,
ATTEST~
(
. DANNY KOLHAGE
BY:~~_~
Deput Cle k
. v ....,.~
Approved
Legal
By:
UNITED STATES DEPARTMENT OF THE INTERIOR
FISH CLDLIFE SERVICE
~r~k RegiO~ {ti;-
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