1. 09/08/1999 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARAmON, FLORIDA 33050
1EL. (305) 289-6027
PAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
PAX (305) 295-3660
II.1KQBAIf~JlK
TO:
Clark Lake, Director
Solid Waste Management Division
Attn: Carol Cobb,
Ex~cutive Assistant
FROM:
Isabel C. DeSantis, Deputy Clerk JD.~.~
September 27, 1999
DATE:
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BRANCH OFFICE
888aO OVERSEAS HIGHWAY
NTAnON KI;Y, FLORIDA 33070
TEL. (305) 852.710&5
FAX (305) 852-7146
At the September 8, 1999 meeting, the Board granted approval and
authorized execution of a Contingency Agreement (Vegetative Waste
and Hurricane Debris Agreement) between Monroe County and
Toppino's, Inc. for the rental of land to be used for debris
storage and processing.
Attached hereto is a duplicate original for your handling.
Should you have any questions concerning the above, please do not
hesitate to contact this office.
cc: County Attorney
County Administrator w/o doc.
Finance Director
/File
VEGETATIVE WASTE AND HURRICANE DEBRIS AGREEMENT
This agreement is entered into on this the r~ay OfL~~ 1999 by and between
Toppino's, Inc., hereafter Lessor, and Monroe County, ;:';;;~al subdivision of the State of
Florida, hereafter County, the Lessee.
In exchange for the mutual promises and consideration set forth below, the parties agree as
follows:
1. The County, or its contractors, shall deliver Hurricane Debris to the Lessors
Landsite located at Rockland Key (M.M. 9, US Hwy #1) for storage. Third parties may
also deliver vegetative waste and Hurricane debris to the land site. The operator's failure
to abide by the applicable state and federal statutes and administrative rules, or the terms
of any waiver(s) granted from the application of such statutes or rules, entitles the County
to immediately terminate this agreement without any County obligation or liability to the
Lessor.
2. The Lessor shall furnish Land site necessary to store vegetative waste and
Hurricane debris.
3. a) The Lessor shall make available acreage to receive vegetative waste and
hurricane debris delivered by the County, its contractors or third parties, for a period of90 days,
beginning on notice to operate twelve (12)hours per day. The County must pay the lessor
$255.00 per acre per day. The Lessor consents to the presence of County employees at the
Lessors site for the purpose of verifying the number of hours of operation.
b) The County may terminate this agreement before the expiration of the 90
day term if the County, in its discretion, determines that the storage site is no longer necessary. If
the County terminates this agreement under this subparagraph, then the County will have no
further obligation or liability to the Lessor except the obligation to pay the Operator the days
performed - but unpaid for - up to the date of termination.
4. This written Agreement represents the entire Agreement between the~~~ a~
supersedes any prior written documents or memoranda or oral communication. This ~i1ne~
may not be amended except through a written amendment signed by both parties. ::;:;~~ -0
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5. The Lessor reserves the right, for an additional fee, to furnish person~
equipment to properly maintain and control traffic flow and placeme~~ttebr~
in the staging and dump area. :.,,' . ~ S
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6. The County shall furnish all necessary insurance to properly protect liability amt
property damage.
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7. This agreement will expire on December 31, 1999 unless that date falls within the
ninety day period described in paragraph 3. In that case, this agreement will expire at the end
of such ninety day period. This agreement may be renewed by mutual consent for additional
ninety day periods should recovery effort extend beyond initial ninety day period.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By
Mayor/Chairman
Witnesses:
TOPPINO'S INC.
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