2. 06/14/2000 Agreement
jDannp lL. Itolbage
BRANCH OFFICE
3117 OVERSEAS ffiGHWA Y
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MEMORANDUM
CLERK OF lHE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD SlREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS ffiGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
DATE:
June 27,2000
TO:
Clark Lake, Director
Solid Waste Management Division
ATTN:
Carol Cobb, Executive Assistant
Solid Waste Management Division
Pamela G. Hancoc~ -
Deputy Clerk U
FROM:
At the June 14, 2000, Board of County Commissioner's meeting the Board granted
approval of and authorized execution of a Vegetative Waste and Hurricane Debris Lease
Agreement between Monroe County and Toppinos, Inc_
Enclosed is a fully executed duplicate original of the above for your handling. Should you
have any questions, please do not hesitate to contact this office.
Cc: County Administrator w/o document
Risk Management w/o document
County Attorney
Finance
File
VEGETATIVE WASTE AND HURRICANE DEBRIS AGREEMENT
//d
THIS AGREEMENT is entered into on this the 1/ day of June, 2000, by and
between Toppino's, Inc., hereafter Lessor, and Monroe County, a political 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 Lessor's land
site located at Rockland Key (MM 9, US 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 of ninety
(90) 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, ie~.. he~uri!)'
will have no further obligation or liability to the Lessor except the obliga~~ 2!t ~
Ope~ator the days performed - but unpaid for - up to the date of termination. ~~;: ~ ~
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4. This written Agreement represents the entire Agreement bet~~h.ar~s
and supersedes any prior written, documents or memoranda or oral com~C:itio~ mis
Agreement may not be amended except through a written amendment signed b{"o1i;pa==es~
5. The Lessor reserves the right, for an additional fee, to furnish personnel and
equipment to properly maintain and control traffic flow and placement of debriS in the staging
and dump area.
6. The County shall furnish all necessary insurance to properly protect liability and
property damage.
7. This agreement will expire on December 31. 2000 unless the 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.
TNESS WHEREOF. the parties hereto have set their hands and seals the day and
written.
L. KOLHAGE. CLERK
BOARD OF COUN1Y COMMISSIONERS
OF MONROE COUN1Y. FLORIDA
By cS~-F~
Mayor/Chairperson
ATTEST:
TOPPINO'S. INC.
By
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BY?J.~ r ~~
Title N4 -
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