10/20/1993
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INTERLOCAL AGREEMENT ::: ~ '"
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GRANT OF FUNDS :::~::;r :z Cl
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THIS AGREEMENT dated the 20th day of ~f9ber _ i~
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1993, is entered into by and between the BOARD OF COUNTY CaMMI~
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SIONERS FOR MONROE COUNTY (hereinafter "County"), on behalf of
the TOURIST DEVELOPMENT COUNCIL (hereinafter "TDC"), and THE CITY
OF KEY WEST (hereinafter "City").
WHEREAS, the County has, upon the reconnnendation of the TDC
and District I Advisory Committee, allocated tourist development
revenues to finance a beach improvement and restoration project
which includes Higgs Beach, a County-owned park, improvement and
restoration of the City-owned White Street Pier, as well as a
City-owned park adjacent to the White Street Pier, and Smathers
Beach, a City-owned park, all of which are located on the Island
of Key WE!St or in the waters adjacent thereto, and
WHEREAS, the White Street Pier/Higgs Beach Proj ect will
provide ruitigation required by State of Florida agencies for the
Smathers Beach Project; and
WHEREAS, the City has the ability to act as construction
manager for the White Street Pier/Higgs Beach Project in order to
facilitate the earliest possible completion of the project to
improve its tourisrn-attracting value,
WHEREAS, the County and City have determined that it is in
the best interests of the public to enter into this agreement to
expedite the project;
NOW, THEREFORE, in consideration of the mutual covenants and
promises contained herein, the County and the City have entered
into thi.s agreement on the terms and conditions as set forth
below.
1. CONTRACT PERIOD. This agreement is for the period
October 20, 1993 through October 19, 1998
This agreement shall remain in effect for the stated period
unless cine party gives to the other written notification of
termination pursuant to and in compliance with paragraphs 12 and
13 below"
2. SCOPE OF AGREEMENT. The City shall develop designs and
cost esti.mates for such construction design and specifications as
is necessary to complete the White Street Pier/Higgs Beach
Project as described in the Department of Environmental Regu-
lation Intent to Issue, Exhibit A, which is attached hereto and
incorporated herein by reference. This design and cost estimate
work shall be known as Phase I of the White Street Pier/Higgs
Beach Project. The results shall be presented to the City and
County for approval of subsequent phases, including RFP and
contracting for the completion of the Project.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall
provide a.n amount not to exceed $198,520.00 in reimbursement for
the engineering services necessary to complete Phase I. The
County assumes no liability to fund this agreement for an amount
in excess: of this award. Payment shall be made through reim-
bursement to City or its contractor upon presentation of in-
voices, cancelled checks and other documentation to support a
2
claim for reimbursement, such documentation being subject to
requirements of the County's Finance office. Upon acceptance by
County of a proposal for subsequent phases, County shall enter
into additional written agreements with City as may be required
to complete said phases, but in no case shall the total of all
sums provided by County for all phases of this Project exceed One
Million One Hundred Thirty-five Thousand Six Hundred Seven
Dollars ($1,135,607.00).
4. REPORTS. The City shall provide financial reports in
summary of activity on forms provided or approved by the County,
and quarterly narrative reports of activity under the approved
work plan. The City shall keep such records as are necessary to
document the performance of the agreement and expenses as in-
curred, and give access to these records at the request of the
TDC, the County, the State of Florida, or authorized agents and
representatives of said government bodies. It is the respon-
sibility of the City to maintain appropriate records to insure a
proper accounting of all funds and expenditures. The City
understands that it shall be responsible for repayment of any and
all audit exceptions which are identified by the Auditor General
of the State of Florida, the Clerk of Court for Monroe County,
the Board of County Commissioners for Monroe County, or their
agents and representatives. In the event of an audit exception,
the current fiscal year grant award or subsequent grant awards
will be offset by the amount of the audit exception. In the
event th,~ grant is not renewed or supplemented in future years,
3
the City will be billed by the County for the amount of the audit
exception and shall promptly repay any audit exception.
S. MODIFICATIONS AND AMENDMENTS. Any and all modifica-
tions of' the terms of this agreement shall be amended in writing
and approved by both parties.
6. INDEPENDENT CONTRACTOR. At all times and for all
purposes hereunder, the City is an independent contractor and not
an employee of the Board of County Commissioners of Monroe
County. No statement contained in this agreement shall be
construed as to find the City or any of its employees, con-
tractors, servants or agents to be employees of the Board of
County Commissioners of Monroe County, and they shall be entitled
to none of the rights, privileges or benefits of employees of
Monroe County.
7. COMPLIANCE WITH LAW. In carrying out its obligations
under this agreement, the City shall abide by all statutes,
ordinanc1as, rules and regulations pertaining to or regulating the
provisions of this agreement, including those now in effect and
hereafter adopted. Any violation of said statutes, ordinances,
rules or regulations shall constitute a material breach of this
agreement and shall entitle the County to terminate this contract
immediatE~ly upon delivery of written notice of termination to the
City. ~~y direct payment by County to any vendor or Contractor
of City :Eor the services under this agreement shall not transfer
to County responsibility for compliance with the Consultants I
Competitive Negotiation Act. Section 287.055, F. S., which sole
4
responsibility for assuring compliance shall remain with the
City.
8. RESTRICTIONS ON CONTRACTS ENTERED PURSUANT TO THIS
AGREEMENT. The City shall include in all contracts funded under
this agreement the following terms:
a) Anti-discrimination. Contractor and City
agr.~e that they will not discriminate against any
employees or applicants for employment or against
persons for any other benefit or service under this
agreement because of their race, color, religion, sex,
national origin, or physical or mental handicap where
the handicap does not affect the ability of an indi-
vidual to perform in a position of employment, and to
abide by all federal and state laws regarding
non-.discrimination.
b) Anti-kickback. Contractor warrants that no
person has been employed or retained to solicit or
secure this contract upon an agreement or understanding
for a commission, percentage, brokerage or contingent
fee, and that no employee or officer of the City has
any interest, financially or otherwise, in Contractor.
For breach or violation of this warranty, the City
shall have the right to annul this contract without
liability or, in its discretion, to deduct from the
contract price or consideration, the full amount of
such commission, percentage, brokerage or contingent
fee. Contractor acknowledges that it is aware that
5
funding for this contract is available at least in part
through the County and that violation of this para-
gra.ph may result in the County withdrawing funding for
the White Street Pier/Higgs Beach Project.
c) Hold harmless/indemnification. (City shall
determine and include:)
Standard design/construction hold harm-
less/indemnification provisions that will protect the
City, the County and the TDC from and against any and
all claims, liabilities, litigation, causes of action,
damages, costs, expenses, etc. arising directly or
indirectly from any negligence, errors, omissions or
criminal conduct on the part of the Contractor and any
SubcontractoIS in the performance of the terms of any
contracts resulting from the funding provided by the
County and any activities on County property.
d) Insurance. (At the City's discretion,) the
Contractor and Subcontractors shall be required to
provide any types of insurance and limits of such
insurance that will further protect the City, the
County and the TDC from the actions/inactions of the
Contra.ctor and any Subcontractors in the performance of
the terms of any contracts resulting from the funding
provided by the County.
The City, the County and the TDC shall be named as
addi.tional insureds where appropriate and the Monroe
County Risk Management shall be provided copies of all
6
certificates of insurance upon execution of any con-
tract and upon renewal of the Contractor's insurance.
e) Authority. Contractor warrants that it is
authorized by law to engage in the performance of the
activities encompassed by the project herein described.
Each of the signatories for the Contractor below
certifies and warrants that the Contractor's name in
thi:s agreement is the full name as designated in its
corporate charter (if a corporation); they are em-
pow,~red to act and contract for the Contractor, and
this agreement has been approved by the Board of
Dir,~ctors of Contractor or other appropriate authority.
f) Licensing and Permits. Contractor warrants
that: it shall have, prior to commencement of work under
this Agreement and at all times during said work, all
required licenses and permits whether federal, state,
County or City.
9. HOLD HARMLESS/INDEMNIFICATION. The City hereby agrees
to indemnify and hold harmless the County and TDC and any of
their officers and employees from and against any and all claims,
liabiliti.es, litigation, causes of action, damages, costs,
expenses, and the payment of any and all of the foregoing or any
demands, settlements or judgments arising directly or indirectly
under thi.s agreement. The City shall immediately give notice to
the County of any suit, claim or action made against the City or
its Contractors and/or Subcontractors that are related to the
activity under this agreement, and will cooperate with the County
7
in the i.nvestigation of any suit, action or claim related to the
design and/or construction activities contemplated by this
agreement.
10. ANTI-DISCRIMINATION. The City agrees that they will
not discriminate against any of their employees or applicants for
employment or against persons for any benefit or service because
of their race, color, religion, sex, national origin, or physical
or mental handicap where the handicap does not affect the ability
of an individual to perform in a position of employment, and to
abide by all federal and state laws regarding non-discrimination.
11. ANTI-KICKBACK. The City warrants that no person has
been employed or retained to solicit or secure this agreement
upon an agreement or understanding for a commission, percentage,
brokerage or contingent fee, and that no employee or officer of
the County or TDC has any interest, financially or otherwise, in
City, except for residency or employment within the City limits.
For breach or violation of this warranty. the County shall have
the right to annul this contract without liability or, in its
discretion, to deduct from the contract price or consideration,
the full amount of such commission, percentage, brokerage or
contingent fee.
12. TERMINATION. This agreement shall terminate on
October 19, 1998 Termination prior thereto shall
occur whenever funds cannot be obtained or cannot be continued at
a level sufficient to allow for the continuation of this agree-
ment pursuant to the terms herein or when termination is deemed
by County to be in its best interests. In the event funds cannot
8
be obtained or cannot be continued at a level sufficient to allow
for the continuation of this agreement pursuant to the terms
specified herein, this agreement may then be terminated immedi-
ately by written notice of termination delivered in person or by
mail to the City. The County shall not be obligated to pay for
any services or goods provided by the City after the City has
received written notice of termination.
13. TERMINATION FOR BREACH OF AGREEMENT. The County may
immediately terminate this agreement for any breach of the terms
contained herein. Such termination shall take immediately upon
receipt of written notice of said termination. Any waiver of any
breach of covenants herein contained to be kept and performed by
the City shall not be deemed or considered as a continuing waiver
and shall not operate to bar or prevent the County from declaring
a forfeiture for any succeeding breach either of the same con-
ditions or of any other conditions.
14. ENTIRE AGREEMENT. This agreement constitutes the
entire a.greement of the parties hereto with respect to the
subject matter hereof and supersedes any and all prior agreements
with respect to such subject matter between the City and the
County.
15. CONSENT TO JURISDICTJ;ON. This agreement, its perfor-
mance, and all disputes arising hereunder, shall be governed by
the laws of the State of Florida, and both parties agree that the
proper venue for any actions shall be in Monroe County.
9
16. NOTICE. Any written notice to be given to either party
under this agreement or related hereto shall be addressed and
City Attorney
525 Angela Street
Key West, Florida 33040
TDC Administrative Offices
3406 Roosevelt Boulevard
Key West, FL 33040
delivered as follows:
For City:
For County:
and
County Attorney
310 Fleming Street
Key West, FL 33040
IN WITNESS WHEREOF. the parties hereto have caused this
agreement to be executed the day and year first above written.
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
By (ko~pq~y ~~
(SEAL)
At est: JOSEPHINE PARKER, Clerk
By
con ibea h
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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a~rman
CITY OF KEY WEST, FLORIDA
By ~~g ~
I ~ty Manage
A.nry--''""'~'':''.:O''M ~~_
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10
STATE OF FLORIDA
DEPARTMBNT OF BNVIROHMBNTAL RBGULATIOM
C B R T I FIB D
,
In the Matter of an
Application for Permit by:
Monroe County Board of County
Commissioners
c/o Mr. Frank Butler
Post, Buckley, Shuh and
Jernigan, Inc.
513 Whitehead street
Key West, FL 33040
File No. 441670759
Monroe County
/
/
INTBNT TO ISSUB
ThEl Department of Environmental Regulation gives notice of
its intEmt to issue a permit (draft copy attached) for the
proposedl project as detailed in the application specified above,
for the reasons stated below.
The, applicant, Monroe County. Board. of County Commissioners,
applied on July 3, 1989 to the Department of Environmental
Regulation for a permit/water quality certification to alter the
White street Pier and adjacent shoreline by: creating two 35 foot
wide openings in the pier, constructing 8 foot wide pedestrian
walkways over the openings, aligning the existing shoreline on
either side of the pier by eliminating the existing bulkhead along
Higgs Beach (immediately west of the pier), excavating 0.248 ac.
of uplands behind the bulkhead to create a new shoreline, placing
300 ft. ,of riprap along the new shoreline of Higgs Beach, and
.
EXHIBIT A
Notice .of Intent
Monroe I::ounty Board of County Co_i..ioner.
Pile No. 44167075'
page 2
extending the shoreline of Rest Beach (immediately east of the
o
pier) waterward by filling approximately .302 ac. of submerged
bottom Idth beach quality sand.
ThE~ project site is located on the southern shore of Key
West, a1; the terminus of White street, Monroe County, Section 5,
Township 68 South, Range 25 East, within the landward extent of
the Atlantic Ocean, Outstanding Florida Waters, Class III waters.
ThEl Department has permitting jurisdiction under Chapter 4030
Florida Statutes (F.S.), Title 17, Florida Administrative Code
(F.A.C.), and Public Law 92-500. 'The .project is not exempt from
permitti.ng procedures. The Department has determined that a
wetland resource permit is required for the proposed work.
BACKGROUND
The: applicant applied on July 3, 1989 to restore Smathers
Beach and renovate White Street Pier and adjacent shorelines. The
Smathers Beach restoration was eventually deleted from the
application. The pier renovation involves creating two 35 foot
wide openings in the White Street Pier, constructing 8 foot wide
walkways over the openings, realigning the shoreline adjacent to
the pier, placing about 300 linear feet of riprap along the newly
created shoreline and creating a new shoreline with beach quality
sand. The openings in the pier would be located near the
shorelin,e and near the waterward limit of the pier.
To realign the shoreline, an existing bulkhead along Higgs
beach, wiest of the pier, and approximately 1. 42 acres of uplands
Notioe Ielf IDteDt
MODroe l:lOUDty Board of COUDty Co_issioDers
File No. 441&70759
page 3
behind the bulkhead would be excavated and the material placed in
,
an upland disposal area without a point of discharge to waters of
the state. The new Higgs Beach shoreline would be lined with 300
feet of riprap. The shoreline of Rest Beach, east of the pier,
would bl~ extended waterward to cover a total of 0.6 acres of
submerged, muck covered bottom. Beach quality sand, placed from
the landward side of Rest Beach, will be used for fill.
ThE! project is located along the south side of Key West, on
the Atl.lntic Ocean, where the waters are Class III and Outstanding
Florida Waters.
ThEl pier extends about 1000 feet into the Atlantic Ocean and
is made of sheetpile sides, filled with a combination of gravel
and marl and capped with concrete. -It is not open now to
vehiculalr traffic except for golf carts and will not be in the
.
future, as a result of this project. In its current
configuration, the pier blocks the littoral current flow from east
to west. Consequently, plant material and litter accumulate and
decay on the eastern side of the pier, in front of Rest Beach,
which is a public beach. In summer, the offensive odor of decay
pervades the area. In addition, the once sandy and possibly
vegetated submerged bottom in the area has been degraded by
build-up of organic muck and lack of sunlight under the decaying
matter.
Hig,gs beach, a public beach adjacent to the west side of the
.
pier, extends much further waterward than Rest Beach. The current
configur'll.tion of Higgs Beach would probably reduce the circulation
Notice of Intent
Monroe County Board of County Commissioners
Pile No. 441670759
page 4
benefits obtained from opening the pier near the shoreline.
s
Realigning both Higgs Beach and Rest Beach shorelines will
maximize the circulation benefits that can be obtained from
opening the pier.
As a result of improved circulation, the applicant estimates
that 2 '1:0 5 acres of submerged bottom, currently degraded by muck
accumuli~tion, will be enhanced. The applicant also believes that
seagrasls may begin to colonize the area because it exists further
offshor,~ .
Originally, this application'also included restoration of
Smatherl. Beach, located about 1/2 mile west of the pier. The
applicant submitted the pier renovation and beach project together
hoping 1~hat the benefits of the pier. project could be applied to
offset impacts of the beach project. Both projects are intended
,
to enhance recreation opportunities. The beach project would fill
seagrasEI beds and the pier project may result in restoration of
grass beds. However, the potential benefits of the pier project
are not expected to be sufficient to offset all of the adverse
impacts of beach restoration. In addition, it was determined that
the desi.gn of the beach project did not minimize adverse habitat
impacts to the maximum extent practicable. The beach project was
withdrawn from the application and is in the process of being
significantly revised to reduce seagrass impacts. The Department
has agreed that water quality and recreational enhancement make
.
this project clearly in the pUblic interest. If seagrass
recolonizes the area, those benefits would be in excess of those
Notice of Intent
Monroe County Board of County Coaaissioners
I'Ue No" 441670751>>
Page 5
needed 1:0 make the pier project clearly in the pUblic interest,
,
and could be applied to the revised beach project if needed. The
permittE!e will conduct monitoring to determine the extent of
seagrasEI restoration realized from the pier project.
Thi.s project is not expected to create significant amounts of
turbidit~y. The substrate to be excavated and that used for fill
will be beach quality sand. The permittee will submit grain size
analysis: for any material to be placed on the beach. If the
material has more than 10% silt, it will not be approved for beach
fill. A.II work will be conducted-from uplands which will also
reduce turbidity. Turbidity curtains will be effective around the
project site because the shoreline is low energy.
I 880DC.
As currently designed, the project will not result in adverse
effects to water quality or natural resources. The project is
expected to improve both.
The project, as designed, will not degrade the aabient water
quality '::If Outstanding Florida Waters, given the 10% silt
limitati'::In on fill material and turbidity control measures to be
used dur:lng construction. In addition, there is potential that
water quillity in the vicinity of the pier will improve through
enhanced water circulation.
The improvement in water quality is expected to enhance
marine productivity, fish and wildlife habitat, and recreation in
Notioe ,)f Intent
Monroe 4~ounty Board of county Co_iaaionera
I'ile No. 4411170751
page II
the arell. These factors alone make the project clearly in the
,
public interest whether or not seagrass colonizes the area.
Credit toward the Smathers beach restoration project will be
granted for seagrass colonization in the vicinity of the pier
which oc:curs after pier renovation, provided it is sufficiently
document:ed according to the monitoring plan required by the
permit.
The. specific conditions and monitoring in the attached draft
permit shall be included in this permit to protect water quality
and biological resources in the project area.
Therefore the applicant has provided affirmative reasonable
assurance that the immediate and long term impacts, and the
secondary and cumulative impacts of the project will not result in
violations of water quality standards pursuant to Sections
403.918(1) and 403.919, F.S., and that the project will not
degrade ambient water quality in outstanding Florida Waters
pursuant to RUle 17-4.242(2), F.A.C. The applicant has also
demonstrated that the project and its secondary and cumulative
impacts ,are clearly in the public interest pursuant to Sections
403.918(,2) and 403.919, F.S.
Pursuant to Section 403.815, F.S. and Rule 17-103.150,
F.A.C., you (the applicant) are required to publish at your own
expense 1the enclosed Notice of Intent to Issue Permit. The notice
shall be published one time only within 30 days, in the legal ad
.
section ()f a newspaper of general circulation in the area
affected.. For the purpose of this rule, "publication in- a
Rotioe ,of Intent
Monroe 'County Board of County Co_i..ioner.
Pile Ro. 441670759
page 7
newspaper of general circulation in the area affected" means
,
publica'tion in a newspaper meeting the requirements of Sections
50.011 iand 50.031, F.S., in the county where the activity is to
take pl.ace. The applicant shall provide proof of publication to
the Department, at 2600 Blair Stone Road, Tallahassee, Florida
32399-2400 within seven days of publication. Failure to publish
the notice and provide proof of publication within the allotted
time malr result in the denial of the permit.
The Department will issue the permit with the attached
conditions unless a petition for an administrative proceeding
(hearin~J) is filed pursuant to the provisions of Section 120.57,
F.S.
A person whose substantial interests are affected by the
Department's proposed permitting decision may petition for an
.
administrative proceeding (hearing) in accordance with Section
120.57, F.S. The petition must contain the information set forth
below and must be filed (received) in the Office of General
Counsel of the Department at 2600 Blair Stone Road, Tallaha.see,
Florida 32399-2400. Petitions filed by the permit applicant and
the part.ies listed below must be filed within 14 day. of receipt
of this intent. Petitions filed by other persons must be filed
within 14 days of publication of the public notice or within 14
days of their receipt of this intent, whichever first occurs.
Petitioner shall mail a copy of the petition to the applicant at
.
the address indicated above at the time of filing. Failure to
file a petition within this time period shall constitute a waiver
Irotioe ,:)f Intent
Monroe 4:ounty Board of County Co_i..ioner.
Pile Iro. 441670759
paqe 8
of any right such person may have to request an administrative
.
determination (hearing) under Section 120.57, F.S.
(aJI The name, address, and telephone number of each
petitioner, the applicant's name and address, the
Department Permit File Number and the county in which the
project is proposed;
(b) A statement of how and when each petitioner received
notice of the Department's action or proposed action;
(c) A statement of how each petitioner's substantial
interests are affected by the Department's action or
proposed action;
(d) A statement of the material facts disputed by Petitioner,
if any;
(e) A statement of facts which petitioner contends warrant
reversal or modification of the Department's action or
proposed action;
(f) A statement of which rules or .tatutes petitioner
contends require reversal or modification of the
.
Department's action or proposed action; and
Notice I~f Intent
Monroe ICounty Board of county co_issioners
File No. 441670759
paqe 9
(g) A stat.ement of the relief sought by petitioner,. stating
,
precisely the action petitioner wants the Department to
take with respect to the Department's action or proposed
action.
If a petition is filed, the administrative hearing process is
designee! to formulate agency action. Accordingly, the Department's
final ac:tion may be different from the position taken by it in this
intent. Persons whose substantial interests will be affected by
any deci.sion of the Department with regard to the application have
the right to petition to become a party to the proceedinq. The
petitioTI must conform to the requirements specified above and be
filed (t'eceived) within 14 days of r.eceipt of this intent, in the
Office elf General Counsel at the above address of the Department.
.
Failure to petition within the allowed time frame constitutes a
waiver o,f any right such person has to request a hearinq under
Section 120.57, F.S., and to participate as a party to this
proceeding. Any subsequent intervention will only be at the
approval of the presiding officer upon motion filed pursuant to
Rule 28-5.207, F.A.C.
Executed in Tallahassee, Florida.
.
Notioe Ielf Intent
Monroe IOounty Board of County co_issioners
rile No. 441670759
page 10
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL REGULATION
,
Janet G. Llewe lyn, Chief
Bureau of Wetland Resource
Management
2600 Blair Stone Road
Twin Towers Building
Tallahassee, Florida
32399-2400
(904) 488-0130
Copies 1~urnished to:
Debbie Hinkle, DER, Southeast Dis!;rict
DER, Office of General Counsel
u. S. Army Corps of Engineers, Jacksonville
(Application No. 89IPD20729)
Monroe County Property Appraiser
Commissi.oner Shirley Freeman
DeeVon Quirolo, Reef Relief
Donna Smith, Friends of Florida
CUrtis R. Kruer
Enri~e Boza
Flor1da Keys Audubon Society
Jim McLernan, Last Stand
CKRTIrICAT. or .KRVIC.
The undersigned duly designated deputy clerk hereby certifies
that this IMTBNT TO I~a~d'~ll c3f~re mailed before the
close of business on .1.J .{~_~ , 1993, to the listed
persons. 0
.
Notice 4)f Intent
Konroe l~ounty Board of County Co_iaaionera
~ile No. 441670759
paqe 11
FILING AND ACKNOWLEDGMENT
FILED, 0
Florida statu
ce
this date pursuant to 120.52(9),
s, with t e designated Department Clerk,
Ultmh i~e(1;~ow~5 _q:3
Clerk Date
.
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
NOTICE OF INTENT TO ISSUE PERMIT
Th,e Department of Environmental Regulation gives notice of its
intent to issue a permit (File No. 441670759) to Monroe County
Board of County Commissioners, c/o Mr. Frank Butler, Post, Buckley,
shuh and Jernigan, Inc., 513 Whitehead street, Key West, FL 33040,
to alter the White street pier and adjacent shoreline.
The project site is located on the southern shore of Key West,
at the 'terminus of White street, Monroe County, section 5, Township
68 South, Range 25 East, Class III waters, Outstanding Florida
Waters.
A person whose substantial interests are affected by the
Department's proposed permitting decision may petition for an
administrative proceeding (hearing) in accordance with Section
120.57, Florida statutes. The petition must contain the
information set forth below and must be filed (received) in the
Office c,f General Counsel of the Department at 2600 Blair Stone
Road, Tallahassee, Florida 32399-2400, within 14 days of
publication of this notice. Petitioner shall mail a copy of the
petition to the applicant at the address indicated above at the
time of filing. Failure to file a petition within this time period
shall constitute a waiver of any ~ight such person may have to
request an administrative determination (hearing) under section
120.57, Florida Statutes.
The Petition shall contain the following information: (a) The
name, address, and telephone number of each petitioner, the
applicant's name and address, the Department Permit File Number and
the county in which the project is proposed; (b) A statement of how
and when each petitioner received notice of the Department's action
or proposed action; (c) A statement of how each petitioner's
substantial interests are affected by the Department's action or
proposed action; (d) A statement of the. material facts disputed by
petitioner, if any; (e) A statement of facts which petitioner
contends warrant reversal or modification of the Department's
action or proposed action; (f) A statement of which rules or
statutes petitioner contends require reversal or modification of
the Department's action or proposed action; and (g) A statement of
the relief sought by petitioner, stating precisely the action
petitioner wants the Department to take with respect to the
Department's action or proposed action.
If a petition is filed, the administrative hearing process is
designed to formulate agency action. Accordingly, the Department's
final ac:tion may be different from the position taken by it in this
Notice. Persons whose substantial interests will be affected by
any decision of the Department with regard to the application have
the right to petition to become a party to the proceeding. The
petition must conform to the requirements specified above and be
filed (received) within 14 days of pUblication of this notice in
the Office of General Counsel at the above address of the
Department. Failure to petition within the allowed time frame
constitutes a waiver of any right such person has to request a
hearing under Section 120.57, F.B., and to participate as a party
to this proceeding. Any subsequent intervention will only be at
.
the approval of the presiding officer upon motion filed pursuant to
Rule 28.'5.207, F.A.C.
The application is available for public inspection during
normal business hours, 8:00 a.m. to 5:00 p.m., Monday through
Friday, except legal holidays, at Department of Environmental
Regulati.on, 2600 Blair stone Road, Tallahassee, Florida 32399-2400.
.
RESOLUTION NO. 93-472
A RESOLUTION APPROVING AND
AUTHORIZING BXBCUTION OP ATTACHBD
INTERLOCAL AGRBEMENT POR GRANT OP
PONDS BETWEEN BOARD OP COUNTY
COMHISSIONERS POR MONROB COUNTY ON
BBHALP OP THB TOURIST DEVELOPMENT
COUNCIL AND THB CITY OP KBY WBST;
PROVIDING AN BPPBCTIVB DATB.
BB IT RBSOLVBD by the City Commission of the City of Key West,
Florida as follows that the attached Interlocal Agreement for Grant
of Funds between the City of Key West and Board of County
Commissioners on behalf of the Tourist Development Council is
hereby approved. The City Manager is hereby authorized to execute
said Agreement on behalf of the City of Key West, and the City
Clerk iis hereby authorized to attest to his signature and affix the
Seal of the City thereto.
This Resolution shall go into effect immediately upon its
passage and adoption and authentication by the signatures of the
presiding officer and the Clerk 'of the Commission.
Passed and adopted by the City Commission at a meeting held
this ~thday of October , 1993.
-===-
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DEN J. WARDLOW, MAYOR
'kT1!l OF 1W1HVAJ
er-Ji.;fri'l OJ! :~WUEOE)
C 1 "r X (JIll KtY WEST)
CLERK
, .,'. 'i fl'V.' J ~ (\ tr1).c COpy of the
01'",; tl'llvd m1 :J;:U,{~, in th.;~ ?ffice. 1
IV1""'..Qp uy hid ~r'if\omsta~. sea 9!132.
thj~~dJY O~_~, 1
JOSEnmiB P.lB.KER
"' CLE K
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