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Home My WebLink AboutF. Land Authority LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Land Authoritv Bulk Item: Yes No X Staff Contact / Phone #: Mark Rosch /295-5180 Agenda Item Wording: Approval of the minutes for the March 17,2010 meeting. Item Background: N/A Advisory Committee Action: N/A Previous Governing Board Action: N/A Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ Indirect Cost: $ Budgeted: Yes No Cost to Land Authority: $ Source of Funds: Approved By: Attorney _ County Land Steward _' Documentation: Included: ~ To Follow: Not Required: Disposition: Agenda Item _ MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY GOVERNING BOARD March 17, 2010 Meeting Minutes The Governing Board of the Monroe County Comprehensive Plan Land Authority held a regular meeting on Wednesday, March 17,2010 at the Marathon Government Center located at 2798 Overseas Highway, Marathon, Florida. Chairman Kim Wigington called the meeting to order at 9:41 AM. Present and answering roll call, in addition to Chairman Wigington, were Commissioner Heather Carruthers, Commissioner Mario Di Gennaro, Mayor Sylvia Murphy, and Commissioner George Neugent. Also in attendance were Executive Director Mark Rosch, Office Manager Kimberly Nystrom, Counsel Larry Erskine, and members of the press and public. The first item on the agenda was approval of the minutes for the February 17, 2010 meeting. A motion was made by Mayor Murphy and seconded by Commissioner Di Gennaro to approve the minutes as submitted. There being no objections, the motion carried (5/0). The next item was approval to purchase the following property for conservation: a) Block 2, Lot 20, Revised Plat of Torch Key Estates, Little Torch Key at a total cost of $16,743.50; and b) Block 18, Lot 1, Eden Pines Colony, Big Pine Key at a total cost of $25,787.25. Mr. Rosch addressed the Board. A motion was made by Commissioner Neugent and seconded by Commissioner Di Gennaro to approve the purchase of each of the above properties. There being no objections, the motion carried (5/0). Mr. Rosch addressed the Board regarding members of the public who wished to speak to an item that was not on the meeting agenda. The Board discussed the matter, the speakers were not heard, and the Board took no action. There being no further business, the meeting was adjourned at 9:45 AM. Minutes prepared by: Mark J. Rosch Executive Director Approved by the Board on: LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Land Authoritv Bulk Item: Yes No l Contact / Phone #: Mark Rosch 1295-5180 Agenda Item Wording: Approval of the 2010 Acquisition List. Item Background: Each year the Land Authority Advisory Committee prepares an updated Acquisition List. Although this process takes place on an annual basis, the list may be, and often is, amended over the course of the year as well. The Advisory Committee has prepared the attached list for 2010 after holding public meetings on January 27, 2010; February 24, 2010; and March 31, 2010. Per section 380.0667, Florida Statutes, the Board of County Commissioners, sitting as the Land Authority Governing Board, "shall approve the list of acquisitions, in whole or in part, in the order of priority recommended by the Advisory Committee." Listing a property on the Acquisition List is a preliminary, non-binding step indicating the Board's desire to pursue acquisition. Further Board action is required before entering into a purchase contract. At last month's meeting there were members of the public who wished to speak regarding the Land Authority's acquisition of property for affordable housing but the item was not on last month's meeting agenda. A copy of the June 17, 2009 Governing Board minutes on this subject are included in the agenda materials in case a member of the public wishes to speak to this matter. Advisory Committee Action: On March 31, 2010 the Committee voted 4/0 to approve and forward the list to the Governing Board. Previous Governing Board Action: The Board has approved an Acquisition List each year since the Land Authority was established. Last year the Board approved the 2009 Acquisition List on April 15, 2009 and amended the list on July 15, 2009 and September 16, 2009. Contract/Agreement Changes: NIA Staff Recommendation: Approval Total Cost: $ Indirect Cost: $ Budgeted: Yes No_ Cost to Land Authority: $ Source of Funds: Approved By: Attorney ~ County Land Steward _' Documentation: Included:....x.- To Follow: Not Required: Disposition: Agenda Item _ MONROE COUNTY LAND AUTHORITY 2010 ACQUISITION LIST Property Acquisition Objectives Intended Development Ultimate Owner / Manager PROPERTY IN FLORIDA KEYS AREA OF CRITICAL STATE CONCERN Property Rendered Unbuildable by County Regulations Property Rights Protection Environmental Protection None To be determined Property Eligible for ROGO Administrative Relief Property Rights Protection Environmental Protection None To be determined Property Designated Tier 1, Tier 2, or Tier 3-A Property Rights Protection Environmental Protection Big Pine HCP Mitigation None To be determined The MCLA Advisory Committee will consider adding affordable housing sites on a case by case basis. Favorable factors in the analysis and consideration of affordable housing sites will include the record of the partner in the project; quality of the project; ability of the project to serve individuals, couples and families; leverage from additional non-MCLA funds brought to the project; no environmentally sensitive habitat, including possible wetlands; and the MCLA funds price per unit. PROPERTY IN KEY WEST AREA OF CRITICAL STATE CONCERN 712-716 Eisenhower Drive 703-705 Pearl Street Affordable Housing Multi-family rentals KWHA with lease to Habitat for Humanity of Key West and Lower Florida Keys, Inc. 817-820 Washington Street Affordable Housing Multi-family rentals KWHA 1911-1913 Patterson Avenue Affordable Housing Duplex rentals KWHA with lease to AH of Monroe County, Inc. (AIDS Help) MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY GOVERNING BOARD June 17. 2009 Meeting Minutes The Governing Board of the Monroe County Comprehensive Plan Land Authority held a regular meeting on Wednesday, June 17, 2009 at the Marathon Government Center located at 2798 Overseas Highway, Marathon, Florida. Chairman Kim Wigington called the meeting to order at 9:26 AM. Present and answering roll call, in addition to Chairman Wigington, were Commissioner Heather Carruthers, Commissioner Mario Di Gennaro, Mayor George Neugent, and Commissioner Sylvia Murphy. Also in attendance were Executive Director Mark Rosch, Office Manager Kimberly Nystrom, Counsel Larry Erskine, and members of the press and public. The first item on the agenda was approval of the minutes for the May 20, 2009 meeting. A motion was made by Commissioner Carruthers and seconded by Commissioner Oi Gennaro to approve the minutes as submitted. There being no objections, the motion carried (5/0). The next item was approval to accept the donation of Block 5, Lot 3, Harris Ocean Park Estates on Key Largo for conservation. A motion was made by Commissioner Oi Gennaro and seconded by Commissioner Carruthers to approve the item. There being no objections, the motion carried (5/0). The next item was approval to purchase the following properties for conservation: a) Block 8, Lot 18, Ocean Park Village on Key Largo at a total cost of $30,807.50; b) Block 26, Lot 8, Eden Pines Colony Third Addition on Big Pine Key at a total cost of $25,778.75; c) Block 6, Lots 3 and 21, Ramrod Shores on Ramrod Key at a total cost of $41,500.00; and d) Block 8, Lots 19 and 20, Indian Mound Estates on Sugarloaf Key at a total cost of $41,415.00. A motion was made by Commissioner Murphy and seconded by Commissioner Neugent to approve items A through O. There being no objections, the motion carried (5/0). The next item was approval to purchase Block 54, Lots 16 and 17, Maloney subdivision (5530 Third Avenue) on Stock Island as an affordable housing site in partnership with Habitat for Humanity of Key West and Lower Florida Keys, Inc. The total cost of the acquisition was $836,695.50. Mr. Rosch addressed the Board. A motion was made by Commissioner Murphy and seconded by Commissioner Carruthers to approve the item. During Board discussion Commissioner Murphy stated she would like this item to be the last affordable housing acquisition by the Land Authority for quite a while and the Land Authority should focus on acquiring environmentally sensitive lands, particularly those that result in takings cases. Roll call on the motion was as follows: Commissioner Carruthers, yes; Commissioner Oi Gennaro, yes; Mayor Neugent, yes; Commissioner Murphy, yes; Chairman Wigington, yes. The motion carried (5/0). The next item was approval of a resolution authorizing the conveyance of Block 54, Lots 16 and 17, Maloney subdivision (5530 Third Avenue) on Stock Island to the Monroe County Board of County Commissioners as an affordable housing site. A motion was made by Mayor Neugent Page 1 of 2 and seconded by Commissioner Oi Gennaro to approve the resolution. There being no objections, the motion carried (5/0). [Resolution 03-2009] Commissioner Murphy requested staff to work closely with the County Attorney's Office to determine which lands are the most necessary to purchase. Chairman Wigington clarified that the emphasis on acquiring environmentally sensitive lands did not apply to funds reserved for acquisitions within the City of Key West. There being no further business, the meeting was adjourned at 9:32 AM. "'^1- ~ '{h-- Mark J. Rosch Executive Director , ~j \ . ", Minutes prepared by: ~ . (.:,. "'''.: . 10 ;,!.,1 , " ;1 /. . i.'< il...~-\~1\ '. ;", \ ' I. ,I \ i Approved by the Board on: July 15. 2009 Page 2 of 2 MONROE COUNTY LAND AUTHORITY 2009 ACQUISITION LIST Property Acquisition Objectives Intended Development Ultimate Owner / Manager PROPERTY IN FLORIDA KEYS AREA OF CRITICAL STATE CONCERN Subdivision Lots Rendered Property Rights Protection None To be determined Unbuildable by County Regulations Environmental Protection Property Eligible for ROGO Property Rights Protection None To be determined Administrative Relief Environmental Protection Tier 1, Tier 2, and Tier 3-A Property Rights Protection None To be determined Special Protection Areas Environmental Protection Big Pine HCP Mitigation United Methodist Church Affordable Housing Homeownership Land - BOCC Big Coppitt Key subject to a ground Structures - Income lease qualified occupants Coconut Cove Site Affordable Housing Homeownership Land - BOCC Big Coppitt Key subject to a ground Structures - Income lease qualified occupants Tier 3 Land with Commercial Affordable Housing Multi-family housing To be determined Zoning and Scarified or Disturbed Upland Vegetation Existing Unrestricted Affordable Housing Renovation To be determined Affordable Housing Stock Tier 3 Lots with Residential Affordable Housing Single-family housing To be determined Zoning and Scarified or Disturbed Upland Vegetation PROPERTY IN KEY WEST AREA OF CRITICAL STATE CONCERN To be nominated by the Key West City Commission LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Land Authoritv Bulk Item: Yes No l Contact / Phone #: Mark Rosch 1295-5180 Agenda Item Wording: Approval to purchase property for conservation - Block 6, Lot 4, Windward Beach Estates, Little Torch Key. Item Background: This acquisition is proposed to protect property rights and the natural environment. The subject property consists of a 6,000 square foot lot on Jamaica Lane near mile marker 28 on the bayside of Little Torch Key. The property has a tier designation of Tier 3 - Infill Area, a zoning designation of Improved Subdivision, and salt marsh and buttonwood vegetation designated as a red- flagged wetland. Pursuant to section 118-10(4), Monroe County Code, the property is unbuildable due to its red-flagged wetland designation. The owner has agreed to sell the property for a price of $4,830. The Land Authority's standard purchase contract will be used for this transaction. The estimated closing costs are listed in the agenda packet spreadsheet. Advisory Committee Action: On March 31, 2010 the Committee voted 4/0 to approve this acquisition. Previous Governing Board Action: The Board has approved the purchase of other conservation properties in this subdivision. Contract/Agreement Changes: NIA Staff Recommendation: Approval Total Cost: $ 5.573.50 Indirect Cost: $ Budgeted: Yes~ No_. Cost to Land Authority: $ 5.573.50 Source of Funds: Land Authoritv (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney ---2L- County Land Steward l. Documentation: Included: ~ To Follow: Not Required: Disposition: Agenda Item _ Property Purchase Price Windward Beach Estates $4,830.00 Block 6, Lot 4 Seller: Douglas C. and Linda R. Mullis PURCHASE CONTRACT 04/21/10 Survey Title Insurance N/A $225.00 Attorney Fee $500.00 Recording Fee $18.50 Total Costs $5,573.50 Aerial Photograph of Subject Property Block 6, Lot 4, Windward Beach Estates Little Torch Key AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this and between day of ,2010, is by Douglas C. Mullis and Linda R. Mullis hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter, "Land Authority") acting by and through the Executive Director of the LAND AUTHORITY. WITNESSETH: 1. In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands upon the terms and conditions hereinafter set forth, and for the price of $4,830.00 for all of the lands and other interests, which lands shall include all tenements, hereditaments, together with all water and other rights, easements, appurtenances, and any and all of the Seller's rights in or arising by reason of ownership thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, more particularly described as follows; to-wit Block 6, Lot 4, Windward Beach Estates Subdivision (PB 4-131) RE# 00222430-000000 2. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the LAND AUTHORITY the fee simple title together with legal and practical access thereto clear, free and unencumbered, except subject to the following easements or reservations: Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads, telephone, telegraph, power transmission lines and public utilities. The LAND AUTHORITY, at the LAND AUTHORITY'S expense, within the time allowed to deliver evidence of title and to examine same, may have the real property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the real property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants, or applicable governmental regulations, the same shall constitute a title defect. Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances, exceptions or qualification set forth herein. Marketable title shall be determined according to applicable title standards adopted by authority of the Florida Bar and in accordance with law. The LAND AUTHORITY shall have sixty (60) days from the effective date of this Agreement in which to examine title. If title is found defective, the LAND AUTHORITY shall, within this specified time period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unmarketable the Seller(s) will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which the LAND AUTHORITY shall have the option of either accepting the title as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. The Seller(s) will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 1 3. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to said lands may be diminished or encumbered. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the LAND AUTHORITY by reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the Seller(s); and that, in the event any such loss or damage occurs, the LAND AUTHORITY may refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the purchase price. 4. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the LAND AUTHORITY shall have at all proper times the unrestricted right and privilege to enter upon said lands for all proper and lawful purposes, including examination of said lands and the resources upon them. The Seller(s) hereby waive their rights to any and all claims against the LAND AUTHORITY or Monroe County associated with, or arising from ownership of, said lands and this waiver shall survive closing. 5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a safe title to the said lands of such character as to be satisfactory to the legal counsel of the LAND AUTHORITY and said deed shall provide that the use, occupation and operation of the rights-of- way, easements and reservations retained therein, shall be subordinate to and subject to such rules and regulations as may be prescribed by the LAND AUTHORITY governing the use, occupation, protection and administration of lands. 6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and other interests at the price of $4,830.00. The LAND AUTHORITY further agrees that, after the preparation, execution, delivery and recordation of the deed, and after the legal counsel of the LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will cause to be paid to the Seller(s) the purchase price by a check drawn on the account of the LAND AUTHORITY. The LAND AUTHORITY shall pay the following expenses associated with the conveyance of the property: deed recording fees, settlement fees, abstract fees, title examination fees, the Buyer's attorney's fees, and title insurance, as well as the prorata share of prepaid real property taxes allocable to the period subsequent to the vesting of title in the LAND AUTHORITY, or the effective date of possession of such real property by the same, whichever is earlier. The Seller(s) shall pay the expenses of documentary stamps to be affixed to the deed and the removal of trash, debris, and structures from the property, if any, and real estate commissions, if any. Full possession of the premises shall pass to the LAND AUTHORITY as of the date payment is made to the Seller(s) subject only to the reservations stated in Section 2 above. 7. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property herein contracted to be sold, satisfactory to the legal counsel of the LAND AUTHORITY will be obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to furnish to the LAND AUTHORITY any documents in Seller(s)'s possession establishing evidence of title including, but not limited to, abstracts, title commitments, title policies and opinions of title. 8. It is mutually understood and agreed that the LAND AUTHORITY may assign this contract. 9. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at the date title vests of record in the LAND AUTHORITY, whether or not such taxes and assessments are then due and payable. 10. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to the Seller(s) by mail addressed to the Seller(s) at the following address: 2 PO Box 430911 Big Pine Key, FL 33043 with a copy to: Ruth Hemp Coldwell Banker Schmitt Real Estate HempReal Estate@bellsouth.net and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without sending a separate notice to each, except as such obligation may be affected by the provisions of paragraph 6 hereof. 11. The property shall be delivered at closing free of any tenant or occupancy whatsoever. 12. The effective date of this agreement shall be that date when the last one of the Seller(s) and the LAND AUTHORITY has signed this agreement. 13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until March 5, 2010 to sign and return this contract to the LAND AUTHORITY. Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is contingent upon approval by the Advisory Committee and Governing Board of the LAND AUTHORITY, failing which the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the LAND AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY authorized to purchase said lands, the option and right to enter into this Agreement for Purchase within sixty (60) days from the execution thereof by the Seller(s), and to purchase said lands as herein provided. Seller/ Douglas C. Mullis Signature Date Social Security Number Phone Number Seller/ Linda R. Mullis Signature Date Social Security Number Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE DIRECTOR in accordance with Resolution 09-2004, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of ,2010. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (Seal) Mark J. Rosch, Executive Director 3 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Land Authoritv Bulk Item: Yes No l Contact / Phone #: Mark Rosch 1295-5180 Agenda Item Wording: Approval to purchase property for conservation - Block 2, Lot 12, Summerland Beach Addition No.2, Summerland Key. Item Background: This acquisition is proposed to protect property rights and the natural environment. The subject property consists of a 9,000 square foot lot on 5th Street near mile marker 25 on the oceanside of Summerland Key. The property has a tier designation of Tier 1 - Natural Area, a zoning designation of Improved Subdivision, and disturbed buttonwood habitat. The property is the subject of a ROGO application to build a single-family home. As of the January 12, 2010 ROGO ranking, the application had a score of 11 and ranked 82 out of 84 applicants in the Lower Keys. The owner has agreed to sell the property for a price of $16,000. The Land Authority's standard purchase contract will be used for this transaction. The estimated closing costs are listed in the agenda packet spreadsheet. Advisory Committee Action: On March 31, 2010 the Committee voted 4/0 to approve this acquisition. Previous Governing Board Action: The Board has approved the purchase of other conservation properties in this area. Contract/Agreement Changes: NIA Staff Recommendation: Approval Total Cost: $ 16.743.50 Indirect Cost: $ Budgeted: Yes...x..- No_. Cost to Land Authority: $ 16.743.50 Source of Funds: Land Authoritv (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney ~ County Land Steward l. Documentation: Included:...x..- To Follow: Not Required: Disposition: Agenda Item _ Property Summerland Beach Addition NO.2 Block 2, Lot 12 Seller: Sandra Barroso PURCHASE CONTRACT 04/21/10 Purchase Title Attorney Recording Total Price Survey Insurance Fee Fee Costs $16,000.00 N/A $225.00 $500.00 $18.50 $16,743.50 Aerial Photograph of Subject Property Block 2, Lot 12, Summerland Beach Addition No.2 Summerland Key AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this and between day of ,2010, is by Sandra Barroso hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter, "Land Authority") acting by and through the Executive Director of the LAND AUTHORITY. WITNESSETH: 1. In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands upon the terms and conditions hereinafter set forth, and for the price of $16,000.00 for all of the lands and other interests, which lands shall include all tenements, hereditaments, together with all water and other rights, easements, appurtenances, and any and all of the Seller's rights in or arising by reason of ownership thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, more particularly described as follows; to-wit Block 2, Lot 12, Summerland Beach Addition No.2 Summerland Key (PB 3-21) RE# 00197520-000000 2. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the LAND AUTHORITY the fee simple title together with legal and practical access thereto clear, free and unencumbered, except subject to the following easements or reservations: Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads, telephone, telegraph, power transmission lines and public utilities. The LAND AUTHORITY, at the LAND AUTHORITY'S expense, within the time allowed to deliver evidence of title and to examine same, may have the real property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the real property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants, or applicable governmental regulations, the same shall constitute a title defect. Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances, exceptions or qualification set forth herein. Marketable title shall be determined according to applicable title standards adopted by authority of the Florida Bar and in accordance with law. The LAND AUTHORITY shall have sixty (60) days from the effective date of this Agreement in which to examine title. If title is found defective, the LAND AUTHORITY shall, within this specified time period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unmarketable the Seller(s) will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which the LAND AUTHORITY shall have the option of either accepting the title as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. The Seller(s) will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 1 3. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to said lands may be diminished or encumbered. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the LAND AUTHORITY by reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the Seller(s); and that, in the event any such loss or damage occurs, the LAND AUTHORITY may refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the purchase price. 4. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the LAND AUTHORITY shall have at all proper times the unrestricted right and privilege to enter upon said lands for all proper and lawful purposes, including examination of said lands and the resources upon them. The Seller(s) hereby waive their rights to any and all claims against the LAND AUTHORITY or Monroe County associated with, or arising from ownership of, said lands and this waiver shall survive closing. 5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a safe title to the said lands of such character as to be satisfactory to the legal counsel of the LAND AUTHORITY and said deed shall provide that the use, occupation and operation of the rights-of- way, easements and reservations retained therein, shall be subordinate to and subject to such rules and regulations as may be prescribed by the LAND AUTHORITY governing the use, occupation, protection and administration of lands. 6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and other interests at the price of $16,000.00. The LAND AUTHORITY further agrees that, after the preparation, execution, delivery and recordation of the deed, and after the legal counsel of the LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will cause to be paid to the Seller(s) the purchase price by a check drawn on the account of the LAND AUTHORITY. The LAND AUTHORITY shall pay the following expenses associated with the conveyance of the property: deed recording fees, settlement fees, abstract fees, title examination fees, the Buyer's attorney's fees, and title insurance, as well as the prorata share of prepaid real property taxes allocable to the period subsequent to the vesting of title in the LAND AUTHORITY, or the effective date of possession of such real property by the same, whichever is earlier. The Seller(s) shall pay the expenses of documentary stamps to be affixed to the deed and the removal of trash, debris, and structures from the property, if any, and real estate commissions, if any. Full possession of the premises shall pass to the LAND AUTHORITY as of the date payment is made to the Seller(s) subject only to the reservations stated in Section 2 above. 7. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property herein contracted to be sold, satisfactory to the legal counsel of the LAND AUTHORITY will be obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to furnish to the LAND AUTHORITY any documents in Seller(s)'s possession establishing evidence of title including, but not limited to, abstracts, title commitments, title policies and opinions of title. 8. It is mutually understood and agreed that the LAND AUTHORITY may assign this contract. 9. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at the date title vests of record in the LAND AUTHORITY, whether or not such taxes and assessments are then due and payable. 10. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to the Seller(s) by mail addressed to the Seller(s) at the following address: 2 1401 B George Street Key West, FL 33040 with a copy to: Jason Barroso Century 21 All Keys Real Estate jbarrosoc21@gmail.com and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without sending a separate notice to each, except as such obligation may be affected by the provisions of paragraph 6 hereof. 11. The property shall be delivered at closing free of any tenant or occupancy whatsoever. 12. The effective date of this agreement shall be that date when the last one of the Seller(s) and the LAND AUTHORITY has signed this agreement. 13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until March 12, 2010 to sign and return this contract to the LAND AUTHORITY. Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is contingent upon approval by the Advisory Committee and Governing Board of the LAND AUTHORITY, failing which the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the LAND AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY authorized to purchase said lands, the option and right to enter into this Agreement for Purchase within sixty (60) days from the execution thereof by the Seller(s), and to purchase said lands as herein provided. Seller/ Sandra Barroso Signature Date Social Security Number Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE DIRECTOR in accordance with Resolution 09-2004, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of ,2010. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (Seal) Mark J. Rosch, Executive Director 3 LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Land Authoritv Bulk Item: Yes No l Contact / Phone #: Mark Rosch 1295-5180 Agenda Item Wording: Approval to purchase property for conservation - Big Pine Key Acreage (RE #00110610-000000). Item Background: This acquisition is proposed to protect property rights and the natural environment and to provide mitigation land in support of the Big Pine Key Habitat Conservation Plan. The subject property consists of a 5.9 acre parcel on Warner Street and Beach Drive near mile marker 31 on the bayside of Big Pine Key. The property has a tier designation of Tier 1 - Natural Area, a zoning designation of Suburban Residential, and buttonwood vegetation. The owner has agreed to sell the property for a price of $50,660. This will be the Land Authority's second attempt at purchasing this property. In 2008 the Land Authority had an approved contract to purchase the site for $50,660 but the transaction failed to close due to title and disbursement issues and the contract was terminated. It appears these issues can now be resolved. The Land Authority's standard purchase contract will be used for this transaction. The estimated closing costs are listed in the agenda packet spreadsheet. Advisory Committee Action: On March 31, 2010 the Committee voted 4/0 to approve this acquisition. Previous Governing Board Action: On August 20, 2008 the Board approved a prior contract to purchase the site at the same price. Contract/Agreement Changes: NIA Staff Recommendation: Approval Total Cost: $ 51.674.00 Indirect Cost: $ Budgeted: Yes...x..- No_. Cost to Land Authority: $ 51.674.00 Source of Funds: Land Authoritv (Tourist Impact Tax and State Park Surcharge) Approved By: Attorney ~ County Land Steward l. Documentation: Included:...x..- To Follow: Not Required: Disposition: Agenda Item _ Property Big Pine Key Acreage RE#0011 061 0-000000 Seller: Carbonell, Inc. PURCHASE CONTRACTS 04/21/10 Purchase Title Attorney Recording Total Price Survey Insurance Fee Fee Costs $50,660.00 N/A $470.00 $500.00 $44.00 $51,674.00 Aerial Photograph of Subject Property RE #00110610-000000 Big Pine Key AGREEMENT FOR THE PURCHASE OF LANDS THIS AGREEMENT is made and entered into this and between day of ,2010, is by Carbonelllnc hereinafter style the Seller(s), for themselves, their heirs, executors, administrators, successors and assigns, and the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter, "Land Authority") acting by and through the Executive Director of the LAND AUTHORITY. WITNESSETH: 1. In consideration of Ten Dollars ($10.00) in hand, paid by the LAND AUTHORITY, the receipt of which is hereby acknowledged, the Seller(s) agree to sell to the LAND AUTHORITY certain lands upon the terms and conditions hereinafter set forth, and for the price of $50,660.00 for all of the lands and other interests, which lands shall include all tenements, hereditaments, together with all water and other rights, easements, appurtenances, and any and all of the Seller's rights in or arising by reason of ownership thereunto belonging, owned by them, situate and lying in the County of Monroe, State of Florida, more particularly described as follows; to-wit Big Pine Key property fronting Warner Street and Beach Drive more particularly described in Exhibit A. RE# 0011 061 0-000000 2. The Seller(s) agree that they have full right, power and authority to convey, and that they will convey to the LAND AUTHORITY the fee simple title together with legal and practical access thereto clear, free and unencumbered, except subject to the following easements or reservations: Existing easements for canals, ditches, flumes, pipelines, railroads, public highways and roads, telephone, telegraph, power transmission lines and public utilities. The LAND AUTHORITY, at the LAND AUTHORITY'S expense, within the time allowed to deliver evidence of title and to examine same, may have the real property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the real property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants, or applicable governmental regulations, the same shall constitute a title defect. Seller(s) shall convey a marketable title subject only to the aforementioned liens, encumbrances, exceptions or qualification set forth herein. Marketable title shall be determined according to applicable title standards adopted by authority of the Florida Bar and in accordance with law. The LAND AUTHORITY shall have sixty (60) days from the effective date of this Agreement in which to examine title. If title is found defective, the LAND AUTHORITY shall, within this specified time period, notify Seller(s) in writing specifying defect(s). If the defect(s) render title unmarketable the Seller(s) will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which the LAND AUTHORITY shall have the option of either accepting the title as it then is or rescinding the contract herein; thereupon the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. The Seller(s) will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits. 1 3. The Seller(s) further agree not to do, or suffer others to do, any act by which the value or title to said lands may be diminished or encumbered. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the LAND AUTHORITY by reasons of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the Seller(s); and that, in the event any such loss or damage occurs, the LAND AUTHORITY may refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the purchase price. 4. The Seller(s) further agree that during the period covered by this instrument officers and accredited agents of the LAND AUTHORITY shall have at all proper times the unrestricted right and privilege to enter upon said lands for all proper and lawful purposes, including examination of said lands and the resources upon them. The Seller(s) hereby waive their rights to any and all claims against the LAND AUTHORITY or Monroe County associated with, or arising from ownership of, said lands and this waiver shall survive closing. 5. The Seller(s) will execute and deliver upon demand of the proper officials and agents of the LAND AUTHORITY a good and sufficient deed of warranty conveying to the LAND AUTHORITY a safe title to the said lands of such character as to be satisfactory to the legal counsel of the LAND AUTHORITY and said deed shall provide that the use, occupation and operation of the rights-of- way, easements and reservations retained therein, shall be subordinate to and subject to such rules and regulations as may be prescribed by the LAND AUTHORITY governing the use, occupation, protection and administration of lands. 6. In consideration whereof the LAND AUTHORITY agrees that it will purchase all of said lands and other interests at the price of $50,660.00. The LAND AUTHORITY further agrees that, after the preparation, execution, delivery and recordation of the deed, and after the legal counsel of the LAND AUTHORITY shall have approved the title thus vested in the LAND AUTHORITY, it will cause to be paid to the Seller(s) the purchase price by a check drawn on the account of the LAND AUTHORITY. The LAND AUTHORITY shall pay the following expenses associated with the conveyance of the property: deed recording fees, settlement fees, abstract fees, title examination fees, the Buyer's attorney's fees, and title insurance, as well as the prorata share of prepaid real property taxes allocable to the period subsequent to the vesting of title in the LAND AUTHORITY, or the effective date of possession of such real property by the same, whichever is earlier. The Seller(s) shall pay the expenses of documentary stamps to be affixed to the deed and the removal of trash, debris, and structures from the property, if any. Full possession of the premises shall pass to the LAND AUTHORITY as of the date payment is made to the Seller(s) subject only to the reservations stated in Section 2 above. 7. It is mutually agreed that an abstract, title insurance policy or other evidence of title to the property herein contracted to be sold, satisfactory to the legal counsel of the LAND AUTHORITY will be obtained by the LAND AUTHORITY at its expense. The Seller(s) expressly agree herein to furnish to the LAND AUTHORITY any documents in Seller(s)'s possession establishing evidence of title including, but not limited to, abstracts, title commitments, title policies and opinions of title. 8. It is mutually understood and agreed that the LAND AUTHORITY may assign this contract. 9. It shall be the obligation of the Seller(s) to pay all taxes and assessments outstanding as liens at the date title vests of record in the LAND AUTHORITY, whether or not such taxes and assessments are then due and payable. 2 10. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to the Seller(s) by mail addressed to the Seller(s) at the following address: 1323 20th Terrace Key West, FL 33040 with a copy to: Rose Dell, Broker Rose Dell & Associates rose@rosedell.com and shall be effective upon date of mailing and shall be binding upon all of the Seller(s) without sending a separate notice to each, except as such obligation may be affected by the provisions of paragraph 6 hereof. 11. The property shall be delivered at closing free of any tenant or occupancy whatsoever. 12. The effective date of this agreement shall be that date when the last one of the Seller(s) and the LAND AUTHORITY has signed this agreement. 13. If the Seller(s) wish to proceed with this transaction, the Seller(s) have until March 18, 2010 to sign and return this contract to the LAND AUTHORITY. Notwithstanding any provision of this Agreement to the contrary, the closing of this transaction is contingent upon approval by the Advisory Committee and Governing Board of the LAND AUTHORITY, failing which the LAND AUTHORITY and the Seller(s) shall release one another of all further obligations under this Agreement. IN WITNESS WHEREOF, the Seller(s) have hereunto signed their names and affixed their respective seals on the day first above written and therefore the Seller(s) for and in consideration of the Ten Dollars ($10.00) hereinabove acknowledge as received, have and do hereby grant unto the LAND AUTHORITY or its authorized representative, or any other office or agent of the LAND AUTHORITY authorized to purchase said lands, the option and right to enter into this Agreement for Purchase within sixty (60) days from the execution thereof by the Seller(s), and to purchase said lands as herein provided. Seller/ Carbonell Inc By: John Carbonell III, surviving trustee of Carbonelllnc, a dissolved Florida corporation Signature Date Social Security Number Phone Number The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its EXECUTIVE DIRECTOR in accordance with Resolution 09-2004, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of ,2010. MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (Seal) Mark J. Rosch, Executive Director 3 EXHIBIT A ~~~ i .558 PACE 872 Part of Vrn,CiIL S. LOWE SUBDIVISION, a subdivision of Part of OovorJUncnt Lot 4, Soctiou ZS, Township 66 South, Ranga Z9 East, Tallahassee Meridian, Big Pine Key, Monroe County, Florida, as recorded in Plat Book 3, page 31, of the Public Records of Monroe COWlty, Fl~rida, tho part the roof boing hOl'oby convoy~d boing more particularly dQ8Cribcd as follows: Cnn'Ullcnclng at the center ot Section 25, Township 66 South, R~nge :t~ East,' Tallahassee Merulian, Big Pl~o 1<ey, Monroe COWlt'j, Florida; thenco South along the N/s 1/4 line of said Soction Z5, I, Z75. 48 loot to its intB1'saction with the Easto:rly right-of-way line of U. S. Highway No. 1 as oxisting Decembor 15, 1956; thence NOi'~h 71 degrecs, 40 minutes 38 seconds East along tro Northerly line 01 Beach Drive 189. 00 feot to a point; thcncQ South 89 dcg~ecs, 39 minuto8, 1Z s"conde East all)ng the Easterly line of Beach Drive 138. 98 feet to tho Westerly Une or W:lrnor Street; thenc:e in a Northwesterly dirccUon along Warner Street 508. 38 1'eet to a point: thence Northwesterly along the benrl of Vi cirnO'l" Street 110. 63 feet to a point; thence Northwosterly along the W~stcrly lino 01' Waruer Stroet 711. 14 fQ('It to tho point or place of beginning. SAVINO and EXCEPTING. thorefrom the following described land, to,;owit: On tho Island of Big Pine 1<oy and is pa.rt of Covernment Lot 4, in SQction 25, in Towllahip 66 South, oE Range 29 Ealtt. Commencing at a point which 10 825 foct Southurly and 350 fct'lt from Low Water Marlt on the Beach: and running thence Southerly 150 feet parallel with the Bea~h; thence We at 150 foeti thence Northerly parallel with tho Beach 150 i~et; thence East 1 SO leet to the point of beginning. LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Land Authoritv Bulk Item: Yes No l Contact / Phone #: Mark Rosch 1295-5180 Agenda Item Wording: Actions related to the Conley property (RE #00065120-000000) in Key West- Approval of an agreement to cancel the lease with the City of Key West. Item Background: This item is proposed to protect the natural environment and to assist the County in meeting its permitting requirements for the runway safety area project at Key West International Airport (KWIA). The subject property consists of a 46-acre parcel immediately north of KWIA in the Salt Ponds area of Key West. The northern portion of the property consists of mangrove vegetation and the southern portion is filled. KWIA staff proposes to acquire title and conduct wetland restoration activities on the property as mitigation for wetland impacts resulting from the airport's runway safety area project. These mitigation activities are required by the project's permits from the South Florida Water Management District and the US Army Corps of Engineers. The Land Authority currently leases the property to the City of Key West and the City has approved the proposed Agreement to Cancel Lease. The City used the property for, among other things, a temporary storage site for dredged material from Riviera canal which proved to be contaminated and for which the City was cited by the Florida Department of Environmental Protection. The City disposed of the dredged material and received a letter indicating DEP considers the matter closed. Staff from the Land Authority, KWIA, and County Attorney's Office have reviewed the documentation related to this issue and feel it is sufficient for the Board to proceed with terminating the lease. See the agenda materials for further details. Advisory Committee Action: On March 31, 2010 the Committee voted 4/0 to approve this item. Previous Governing Board Action: On March 25, 1992 the Board approved the lease agreement with the City of Key West. On March 17, 2010, while sitting as the BOCC and in anticipation of receiving title from the Land Authority, the Board approved granting a conservation easement on the property to SFWMD as required for the runway safety area permit. Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ N/A Indirect Cost: $ Budgeted: Yes _ No Cost to Land Authority: $ N/A Source of Funds: Approved By: Attorney ---2L- County Land Steward l. Documentation: Included: ~ To Follow: Not Required: Disposition: Agenda Item _ Aerial Photograph of Subject Property Conley Property I RE #00065120-000000 Key West AGREElVIENT TO CANCEL LEASE THIS AGREEMENT (Agreement") is made and entered into by and between the Monroe County Comprehensive Plan Land Authority (Authority) and the City of Key West (City) on this _ day of ,2010. WITNESSETH: WHEREAS, the Authority and the City entered into a lease ("Lease") with an effective date of April 2, 1992, for a term of thirty years for the parcel of land contained in the legal description included in the lease which is attached hereto and incorporated herein as Exhibit "A", and WHEREAS, the parties mutually desire to cancel the Lease; NOW, THEREFORE, the parties agree as follows: 1. The Authority and the City hereby release each other and their successors and assigns forever and herein cancel of record the said Lease, which pertains to that certain real property located in Monroe County, Florida, and more particularly described in Exhibit "A" attached hereto and made a part hereof. 2. The Lease shall be cancelled as of the date approved and fully executed by the Commission of the City of Key West. 3. The Authority accepts the leased premises in its current condition and the City is hereby released from all lease covenants, terms and conditions and any future claims related thereto. 4. The City releases the Authority from all covenants, terms and conditions of the lease and any future claims related thereto. IN WITNESS WHEREOF, the Authority and the City have executed this document on the day and year above written. ATTEST Monroe County Comprehensive Plan Land Authority Print Name By: w~ Cheryl Smith, C rk City of Key West ~IP CraIg a es, Mayor Exhibit "A" ~. . . RBSOLUTION NO. 92-74 A RESOLUTION APPROVING AND AUTHORIZING IlXBCUTION OJ' ATTACHED LEUB AGRBBMBIIT BENID TBB CITY 01' KEY WEST AND MOHROI COUH'l'Y LARD AUTHORITY; PROVIDING AJI BJ'PBCTIVB DATI. BB 1'1' RESOLVBD by the city Commission of the City of Key West, Florida as follows that the attached Lease Agreement between the City of Key West and Monroe County Land Authority 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 is 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 19th day of February , 1992. ~~~ DENNIS . WARDLOW, MAYOR 9~ - 71 Exhibit "A" "..... ".J"i . LEASE AGREEMENT/MONROE COUNTY LAND AUTHORITY AND THE CITY OF KEY WEST WHEREAS, the Monroe county Comprehensive Plan Land Authority (A~thority) is the o~ner of hereinafter described real property located in Key West, Monroe County, Florida; and WHEREAS, a portion of the real property may have been historically utilized by the public for parking and access with respect to public land; and WHEREAS, both the Authority and the city of Key West (City) are desirous of facilitating the use of the subject property to provide access and/or parking for public land. Further, the . ! i t i , i I { i t i ! I I i I l ! I I I I I I i I ! ! Authority and the city recognize the need to provide recreational space for the use of the public, and other municipal purposes necessary to provide for the public health, safety and welfare; and WHEREAS, utilization of the subject property for the intended purposes will require a lease to the city; NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter provided, the Authority hereby grants to the city a lease with respect to the subject proper~y. LEASED PREMISES The leased premises to be governed by this Agreement are as follows: commencing at the intersection of the southerly right-bf-way line of Flagler Avenue and the westerly right-of-way line (curb line) of Roosevelt Boulevard, bear south 21 degrees 22 minutes and 20 seconds east for a distance of 460.0 feet to a point, thence bear south 68 degrees 45 minutes and 40 seconds west along the southerly side of the proposed canal for a distance of 1400.0 feet to the point of a beginning of the parcel of land hereinafter described; from said point of beginning continue bearing south 68 degrees 45 minutes and 40 seconds west for a distance of 900.0 feet to a point, said bearing being on the southerly side of said proposed canal; thence bear south 21 degrees 14 minutes and 20 seconds east for a distance of 2066.16 feet to a point; thence bear south 88 degrees 41 minutes and 54 seconds east for a distance 974.45 feet to a point; thence bear north 21 degrees 14 minutes and 20 seconds west for a distance of 2439.72 feet hack to the point of beginning. Containing 46.55 cres, more or less, on the island of Key West, Florida. PERMIT It shall be the responsibility of the city to obtain any and all permits necessary for any improvements to the subject property. TERM AND FEE OF LEASE The term of the grant of this Lease by the Authority to the city shall run for a period of thirty (30) years (unless terminated or canceled as hereinafter provided), commencing on the date that this Lease Agreement is last executed, and shall be renewable for like terms thereafter on the same terms and conditions as provided herein unless either party gives to the other not less than sixty (60) days written notice prior to the expiration of this Agreement, that such party does not desire to renew same, or desire to change the terms and conditions of the current or then existing Agreement. The city shall pay the Authority One Dollar ($1) per year for use of the leased premises. OPTION TO RENEW LEASE Authority hereby grants to city an Option to renew this Lease for a period of thirty years with all other terms and. conditions of this Lease remaining in full effect, by giving written notice to the Lessor not less than ninety (90) days before the end of the original term of this Lease. If the city elects to exercise the option to extend this Lease, then both the city and the Authority shall be bound by the terms and conditions of ~his Lease as if it were originally written for the additional period of time. CANCELLATION If either party defaults in fulfilling any of the terms and conditions of this Agreement, then that party, upon serving a written thirty (30) day notice specifying the nature of such default, and upon the expiration of such thirty (30) day period of the notified party has failed to comply with or remedy such default, or if the said default or omission complained of shall be of such a nature that the same cannot be completely cured or remedied within the thirty (30) day period, and the party does not within an additional thirty (30) days thereafter, with reasonable diligence and in good faith, proceed to remedy or cure such default, then that party may serve a thirty (30) days written notice of cancellation of that party's rights hereunder and upon the expiration of the said thirty (30) days, that party's rights shall terminate. In such an event, each party hereto shall be liable for all obligations hereunder until the date of termination of such rights. ~ SECURITY Security of the leased premises shall be the responsibility of the city. MAINTENANCE Maintenance of the grounds of the leased premises shall be the responsibility of the City. Maintenance of any improvements shall be the responsibility of the city. ASSIGNMENTS This Agreement and the rights contained herein shall not be transferred, assigned, leased, subleased, licensed or sUb-licensed in whole or in part without written consent of both parties. NEGLIGENCE Any liability of the parties and any of their employees shall be as provided in Section 768.28, Florida Statutes. All damage caused by acts, omissions to act or negligence shall be restored by the party causing same. ALTERATIONS The City shall be permitted to make alterations, additions and improvements to the subject property consistent with the use of the property as outlined herein. However, the city agrees not to make any alterations, additions or improvements to the subject property without the express written of the Authority, which consent shall not be unreasonable withheld. ~, REMOVAL OF PROPERTY On termination of this Agreement, whether at the expiration of the first term (or any thirty (30 ) year term thereafter) or by earlier cancellation as hereinabove provided, the city, within ninety (90) days thereafter, at its own cost and expense, remove or cause to be removed all improvements which it made on the leased premises. Upon such removal, the city shall restore the leased premises to the same good order and condition as they were on the date this Agreement was last executed, normal wear and tear excepted.. CONSTRUCTION This Agreement shall be interpreted and construed as a lease in accordance with the laws of the state of Florida. WAIVER The parties agree that the waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by that same party. SEVERABILITY Any provisions of this Agreement in violation of the laws of the State of Florida shall be ineffective to the extent of such violation without invalidating the remaining provisions of this Agreement. MISCELLANEOUS Nothing contained herein shall be construed as creating any principal-agent relationship between the parties. The parties shall have the right to incorporate into and make a part of this Agreement such conditions, changes or modifications which are, or may hereafter become necessary to comply with any requirement of state of Federal law. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties with respect to the subject matter hereof. This Agreement may not be changed orally. Any changes must be in writing and signed by the parties. COOPERATION Each party shall cooperate with the other to utilizes the leased premises for the purposes contemplated herein. EFFECTIVE DATE This Agreement shall become binding and effective on the date the second party executes same. The city recognizes that the Authority may desire to grant a Conservation Easement in favor of one or more governmental or private agencies with respect to the wetland portion of the subject property. In this event, the city expressly agrees herein to subordinate this Lease Agreement and its terms to any said Conservation Easement. ....>..i~~~ ~ IN WITNESS WHEREOF1 the parties have caused the Agreement to be signed, sealed, executed and delivered by their duly authorized officers as of the day and year written below their names. App~oved as to form and legality: CITY OF KEY WEST ~t/~ / ~~ fJ)~ ~ G. !Felix Cooper city Manager DATE: ~--.)..4-q L , , '.... G,,- PARKER, CITY CLERK Approved as to form and legality: ~~ COUNTY LAND ~ -ib"'E~r-e.f:teiH:,-C--ba-i~~an-- Jack London, Acting Chairman ATTEST: DATE: 1/J..-/9:J.- ( I ~~I~ Paul Wick, Executive Director MONROE COUNTY LAND AUTHORITY ..; .. '. :.. .r.,.... .. li.. ~~\. ~',:" ~:..: ".,." ;~~". : ,.:.'- :. ,., . .t~? ~;.:; jf; ~'.. L ..... ?~i;' . 'lIf' , I .~t(...~... - '.... L.n.~!.I nv IIIUI'.J,. I I J.U'vU...>-L,.::1J-J10l I JHN LLI V:'> lL;Ll NO.UUl ~.lU . . . I, LRlUu.., ...... " &:"t ',,'. I. ' , . 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III g 2~ ~ I-~~!a~~~~(;;~;o-c ~ ~~g~~6~8~~~i~~~~ R ~~QQ~~~~~~~ ~o aI~ ~ ~ffi~~ ~e LlJ/Iltj fE~~ ~ ~~~~=~"'~~~~~~8~~ ~ ~ tagu.@ 0" .. b1 ._.~~ Qc..Ola~lII51 ~~lD - >- I ,- i ~ o ~ l.:l ~ a:: o ::r: 1- ::) ~ ci . z <( ~I "'- \ ::>i 0' 0; w: 0' a:: z o 2 'f- . .~. ~~~~.... ~ 'i ~ Rosch-Mark From: Sent: To: Cc: Subject: Attachments: Rosch-Mark Friday, March 12,20104:49 PM Horton-Peter; Mercado-Pedro; Hutton-Suzanne Larry Erskine; Bergh-Beth Environmental Review of Conley Property Conley65120-12DEPCorrespondence. pdf; Conley65120-081 ncomingFi IIAnalysis.pdf This email will confirm today's telephone conversation wherein Peter Horton, Suzanne Hutton, and I discussed what level of environmental review would be appropriate for the Conley property. The Conley property is behind Key West Airport and was purchased by MCLA and leased to the City of Key West. In order to allow the Airport staff to restore the property to wetlands and utilize the property as mitigation for the runway safety area project, MCLA is in the process of terminating the lease and transferring title to the BOCC. During our discussion we reviewed the City's past uses of the property, which were 1) as a temporary storage site for dredged material from the City's dredging of the Rivera canal (which proved to be contaminated and for which the City was cited by DEP); 2) as a paintball field; and 3) as a temporary storage site for fill removed from the City's Nike missile site property. The City removed and disposed of the Riviera Canal material and received a letter indicating DEP considers the matter closed. Attached is a file containing this letter and the correspondence that led to it. The City relocated the paintball activities to another location. The City has relocated the Nike missile site fill from the subject property to other sites (such as the City's Rockland Key transfer station and a School Board property) for use as construction fill. The City did some testing of the Nike missile site fill which indicated the contaminants examined were either below detectable limits or below residential soil cleanup target levels (see attached file). The conclusion of our discussion today was the existing environmental documentation is sufficient for MCLA to proceed with terminating the lease and transferring title to the BOCC. Once the property is titled in the BOCC, the permitting agencies may require the Airport staff to do additional environmental review and/or testing as part of the excavation activities associated with the restoration project. Mark J. Rosch Executive Director Monroe County Land Authority 1200 Truman Avenue, Suite 207 Key West, FL 33040 Phone: (305) 295-5180 Fax: (305) 295-5181 RECEIVED JAN 2 4 2000 ~ Department of Environmental Protection ! I" . _." \" /.:1,' ! '- "'-' I -----... L.i--j -.J' Jeb Bush Governor South District P.O. Box 2549 Fort Hyers, Florida 33902-2549 David B. Struhs Secretary January 20,2000 Julio Avael, City Manager City of Key West P. O. Box 1409 Key West, Florida 33041~1409 Re: Monroe County - WC City of Key West Contaminated Soil Former Blimp Pads Between LaSalinas and the Key West Airport Florida Keys EMA Dear Mr. Avael, On December 15, 1999 our Marathon Branch Office received documentation of proper disposal for contaminated soil removed from the referenced location. Recently, an inspection of the site confirmed that the soil removal was complete. Consequently, the Department considers this matter resolved. If you have any questions concerning this letter please contact Jeff Gould at (941) 332-6975. Thank you for your attention in this matter. Sincerely, /4 C; <<?/----- Philip A. Barbaccia Environmental Administrator P AB/JGG/vo cc: Janet Muccino Mark Rosch Joan Borel Ed Russell "More Protection. Less Process" Princed on recycled poper. ~ RECEIVEC OCT 2 81999 Department of Environmental Protection '. ,I .j ii ~:~"' , 'u \-.::~ Jeb Bush Governor South District P.O. Box 2549 Fort Myers. Florida 33902-2549 October 25, 1999 David B. Struhs Secretary Julio Avael, City Manager City of Key West P. O. Box 1409 Key West, Florida 33041-1409 Re: Monroe CounW - WC City of Key West Contaminated Soil Fonner Blimp Pads Between LasSalinas and the Key West Airport Florida Keys EMA Dear Mr. Avael: On October 21, 1999 a representative from our Branch Office in Marathon, performed an inspection of the referenced location where the City of Key West has stockpiled contaminated soils. The inspection revealed that the stockpiled soil is not secured in a manner that prevents human exposure and prevents exposure to precipitation that may cause surface runoff. This requirement of Florida Administrative Code (F.A.C.) Rule 62-770.300(2)(a)4. was brought to your attention in our letter dated September 2, 1999. It should be noted that Ms. Janet Muccino, Project Development Coordinator of your office, did contact our Depamnent concerning securing the stockpiled soil. It was confirmed that plastic sheeting should be used to cover the soil, until such time disposal could be achieved. Please ensure that the soil is secured in a manner which meets rule requirements. Our office shall continue to document whether this noncompliance issue has been resolved. Should enforcement actions be necessary with regard to storage and disposal of this soil, the duration of noncompliance in detennining civil penalties may be considered. It is recommended our office be advised of when the soil has been properly secured such that we can perform an inspection of the site. If you have any questions concerning this letter please contact Jeff Gould of our office at (941) 332-6975. Your attention to this matter and cooperation with our office are appreciated. Sincerely, P~Oh.,~' David M. Knowles P. E. Administrator DMK/JGG/vo cc: Janet Muccino Mark Rosch Joan Borel Ed Russell, Marathon "More Protection, Less Process" Printed on recycled paper. Ii'~C~//fj ~ '12/) 86 P,; ~a TH E CITY OF KEY WEST . Post Office Box 1409 Key West, Fl. 33041.1409 September 15, 1999 Margaret F. Highsmith Director of District Management Department of Environmental Protection Fort Myers Regional Service Center P.O. Box 2549 Fort Myers, FL 33902-2549 RE: Stockpiled Contaminated Soil Dear Ms. Highsmith, I have spoken with Jeff Gould and Ed Russell concerning your September 2, 1999 letter, which I received on September 7, 1999. The City of Key West is opening bids on September 30, 1999 to have the contaminated soil removed and disposed of. We expect this to be accomplished within the 60-day deadline stated in your letter. If you have any questions please call me at 305292-8195. j~ Janet Muccino Project Development Coordinator CC: Julio Avael, City Manager Mark Rosch, Monroe County Land Authority Ed Russell, FDEP Marathon Jeff Gould, FDEP Fort Myers Department of Environmental Protection RECEiVED SEP 0 7 1999 P "~-::->;I~'~' '.','.l . :.1 Jeb Bush Governor South District P.O. Box 2549 Fort Myers, Florida 33902-2549 David B. Struhs Secretary September 2, 1999 CERTIFIED MAIL NO. Z 252 620 970 RETURN RECEIPT REOUESTED Julio Avael, City Manager City of Key West P. O. Box 1409 Key West, Florida 33041-1409 Re: Monroe County - WC City of Key West Contaminated Soil Former Blimp Pads Between LaSalinas and the Key West Airport Florida Keys EMA Dear Mr. A vael, On July 19, 1999 a representative from our Branch Office in Marathon, performed an inspection of the referenced location where the City of Key West has stockpiled contaminated soils. The inspection revealed that soil has been moved, such that there are no longer any distinguishable piles. It was our understanding based on the attached copy of a May 19, 1999 letter, from Janet Muccino of your office, each pile would be retested individually for arsenic in an effort to resolve treatment/disposal issues for this material. Please also find attached, a copy of our letter dated May 12, 1999 to Ms. Muccino, concerning disposal of the soil in consideration of arsenic concentrations. Due to site activities, which have resulted in mixing of the soil piles, the objective of the sampling described above, can no longer be achieved. Consequently, disposal (or treatment) requirements apply to the entire volume of soil since it has now been combined. All previous soil analyses indicate arsenic concentrations are greater than applicable cleanup target levels, therefore, the soil shall be disposed in accordance with Florida Administrative Code (F. A. C.) Rule 62-770.300(2)(b)JO. Land farming, for reasons stated above, would not be an acceptable soil treatment method to meet cleanup criteria. It is our understanding that the soil has been characterized such that disposal would be acceptable to number oflandfill operators on Florida's east coast. Continued.... . "More Protection, Less Process" Printed on recycled paper. City of Key West September 2, 1999 Page 2 In accordance with F.A.C. Rule 62-770.300(2)(a)5., the excavated contaminated soil may not be stored or stockpiled on-site for more than sixty (60) days, at which time it must be properly treated or disposed The inspection also revealed that the stockpiled soil is not secured in a manner that prevents human exposure and prevents exposure to precipitation that may cause surface runoff [pursuant to F.A.C. Rule 62-770.300(2)(a)4.]. The soil should be secured to meet this requirement, until such time it is transported for disposal or treatment. It is requested that our office be advised, within fourteen (14) days of receipt of this letter, how compliance with the above rules will be achieved. Any activity on the property that may be contributing to violations of the above described statutes and rules should be ceased immediately. Continued activities on the property in violation of state statutes or rules may result in liability for damages and restoration, and the judicial imposition of civil penalties pursuant to Sections 403.141 and 403.162, F.S. Please be advised that this Warning Letter is part of an agency investigation preliminary to agency action within the meaning of Section 120.57(5), F.S. If you have any questions concerning this matter please contact Jeff Gould of this office at (941) 332-6975 . Your cooperation is appreciated. Sincerely, .J~. argaret F. Highsmith Director of District Management Enclosure MFH/JGG/vo cc: Janet Muccino Mark Rosch, w/encl. Joan Borel, w/encI. Ed Russell R ~...rJ . ECE.lVE'n (';- -.oJ ,}..p [) 7 1989 ;_.- '. : 1 :.'.' ~ . _ -. --' -: ", .~ I' .-.~ . THE CITY OF KEY WEST Post Office Box 1409 Key West, FI. 33041.1409 :;.~. ,'i.: :: 2:: :3 ~~,: . ....' i: i ..... ..... I,; ;~I~: ! .~~: - I '... I j ~ . '-' I May 19, 1999 Mr. David M. Knowles P.E. Administrator Florida Department of Environmental Protection South District P.O. Box 2549 Fort Myers, FL ~3902-2549 Re: Contaminated Soil Removal Dear Mr. Knowles, Thank you for responding to our letter of April 19, 1999 concerning disposal of contaminated soil. We have sent all the soil testing results to a local contractor who has been involved in land farming in the Keys and are waiting to here from him. We have also been in contact with the U.S. NaVy and are researching their "Comprehensive Background Report" in reference to the arsenic levels in Key West soil. In the original soil sampling Professional Services Industries Inc. treated the four soil piles collectively as if they were one pile. We believe this led to incorrect arsenic readings. At this time we will retest each pile individually for arsenic. The same firm will test the soil that tested for TCLP last February. We will keep you informed ofthe results. If you have any questions please call me at 292-8195. Sincerely, <J.,tWvu-- Janet Muccino Project Development Coordinator c. Ed Russell, FDEP Jeff Gould, FDEP John Jones, Acting Manager Key West Bight Annalise Mannix - Lachner, Assistant City Engineer Judy Shilka, Acting Manager Key West Bight Department of Environmental Protectioff' ~ i ..,...,.. ~ ... ....."... -.:..:,:,,:=- Jeb Bush Governor South District P.O. Box 2549 Fort Myers, Florida 33902-2549 David B. Struhs Secretary May 12, 1999 Ms. Janet Muccino The City of Key West P.O. Box 1409 Key West, FL 33041-1409 Re: Monroe County - WC City of Key West Contaminated Soil Florida Keys EMA Dear Ms. Muccino: Thank you for responding to our letter of April 14, 1999 concerning disposal of contaminated soil. Inyour response, it indicated that we had agreed to the soil being land farmed at its current location. Our records reflect that land fanning was discussed on March 13, 1999; however, there was not a treatment or disposal method confirmed or agreed upon at that time. Due to a number of concerns with land fanning, our April 14th letter reconunended pursuing disposal at a lined landfill. Based on your reference to quotes for transportation and disposal, we recognize this is a considerable expense to the City of Key West. We further understand that land fanning the contaminated soil could reduce the economic burden on the City, if it could be successfully completed. However, as discussed with Jeff Gould of our office, the presence of arsenic above soil cleanup target levels pursuant to Florida Administrative Code (F.A.C.) Rule 62-770, would make reuse of the material difficult, if at all possible. Please find enclosed a copy ofF.A.C. Rule 62-770.300(2)(b). which was sent by facsimile on May 11 to your office. It should be noted that item 10 of the rule states in part: "Land farmed soil that exceeds the applicable cleanup target levels specified in Table IV may not be disposed or returned to the original excavation without obtaining approval. . . pursuant to the provisions of Rule 62-770.890, F.A.C." Since treatment of the soil by land farming will not reduce arsenic concentrations, the material will remain contaminated. Consequently, it would still be unsuitable for use, unless an "Alternative Procedures and Requirements" ofF.A.C. Rule 62-770.890 (also enclosed) were to be satisfied. As part of that procedure, documentation that demonstrates the alternative provides an equivalent, or greater degree of protection as the established requirement, would be necessary. Please review the enclosure with regard to this issue. It should be evident that land farming will only address the petroleum portion of the contaminated soil. Considerable effort and expense to meet the requirements for land fanning may not ultimately achieve the objective to reuse the material. Disposal at a solid waste management facility may still be necessary, due to Continued. , . "Protect, Conserve and Nlanage Florida's EnVironment and Natural Resources" Pr;nled on recycled poper. 4l ~. Janet~uccino May 12,1999 Page Two the presence of arsenic, which will remain untreated. As noted in our previous letter, we understand the soil has been characterized adequately such that landfill disposal is a viable option to resolve this matter. It is our interest that the stockpiled soil, which has remained on-site for a number of years, be properly managed to conclude this issue. We request that the City infonn our office how compliance will be achieved in consideration of the above. Resources should be made available to address this matter, which appears to have been protracted by insufficient attention. If you have any questions concerning the above, please contact Jeff Gould at (941)332--6975. Your attention to this letter and cooperation with our office are appreciated. Sincerely, q~ rP ovv~t V,^,. David ~. Knowles P.E. Administrator DMK/JGG/mk Enclosures cc: Ed Russell- DEP, ~arathon .Jul 20 SS 01:S7p e7/2a/199~ 1a:a5 Joan BorpI [3051 745-1380 p. 1 , 305-289-231.:1 DEP MtlRA TloICtl PAGE: ~l .'," - .. -, : ." IV : M A jC. f:.. 1< D Lt..S H Fl2f>H: JeAN Bol'EL THE CITY OF KEY WEST Post Office BOll 140~ ~'Y West. FI, 33041.14011 April 19, 1999 h Mr. David M. Knowles P,E. Administra10r Florida Department of Envirorunental Protectil South District P.O. Box 2549 fort Myers, fL 33902-2549 PhonB . Pha". . I'Q' . .... Re: Contaminated Soil Removal Dear Mr. Knowles, T asked Mr. Frank: Toppino for a quote for loading and hauling 1he stockpiled soil from the City of Key West to the Pompll.Jlo landfill. He submitted a quote and then offered to bnd tium the fiU on his pl'operty. I told him that Jeff Gould, FDEP had informed me that the City could land fann the fill where it was but that it could not be moved. Mr. loppino told me he talked to Jim Edds from the FDEP in M4rD.thon DJld thot it could be moved Md farmed at another site, I told Mr. Toppino again that Jeff Gould said it could not be moved and infonned Mr. Toppino that I would discus~ the Uliiller with Jeff Gould. It was never the City's intention to transpon the stockpiled soil anywhcJ:e without FDEP approval The quotes for transporting and dispoS'ing the stockpiled soil to Central Disposal was over $105,400.00. We also received a quote from Rinker EnviroMlentll1 Services to recycle the soil and that was S9S,OOO.OQ, The City does not have the funds for this at this time. Since our last contact with FDEP agreeing to land fann the soil we have been working toward this goal. We have begun clean up of all debris and uncontaminated material at that site (30,000 tons). And have. every eKpectation to continue. We lIe not aware of a compliance issue and would like to continue on our current course as always with Jeff Gould's assistance- Sorry fol.' any confhsion_ lfyou have any question~ please call me st 292.8126. ~ul 20 SS Ol:57p a7/2e/l~9g 1a:85 Joan Borel 3e5-2B~-2314 DEP MARA TI<lN IDv---- Janet Muccino Project Development Coordinator c. Ed Rus~ell, FDEP Jeff Gould, FDEP Rob O'Neil. City of Key West Annalise Mannix - Lacbner, Assistant City Engineer (305J 745-1380 p.2 PAGE El2 Jul 20 99 01:57p Joan Bo~~l B7/28/1999 18:e5 305-289-2314 [305J 745-1380 p.3 ocr ~ATI-DN PAGE En --.' '- Department of Environmental Protection ,,~- ...'-~ ,- .' " '.'\."'I'~-')\I .. , ,I I \ \.~.. r. i'. -. - ,-~. ~ Jell lush GoverllOt South Ol,crtcc P.O. 80" 25<49 Fort Myers. Florida JJ902.2S49 April 14, 1999 David B. Suuhs Secreury Janet Muccino The City of Key West P. O. BOlt 1409 Key West, Florida JJ041~1409 . Ite: Monroe ('ot.tnty - we City of Key West Contanunatcd Soil Florida Keys EMA Dear Ms. Muccino OUf office received an inquiry from a Mr. Frank Toppino concerning Iandfarming of soil currently stockpiled by the City of Key West As discussed with Jeff Gould oCour office on March 17, 1999, off-site treatment of the contaminated soil would hay.: to be done at Il pennitted facility, Please note W~ are not tlwo.re that Mr. Toppino ha~ constructed a faciltty, and is pennitted to treat petroleum contaminated soils. As such. transportation of the stockpiled soil to Mr. Toppino's for treatment may reslJlt in enforcement action by our Department. It is our current understanding that the soil may have been characterized to the satisfaction of the landfill operator at Central Disposal, such that it can be disposed As previously mentioned, we did not have objections to lined-landfill dispo5aI, provided Toxicity Characteristic Leachina Procedure (TCLP) results for lead (Pb) did not fail. We further understand the material was t~sted, and did not fail TCLP. In consideration of the extended period of time this soil has remained untreated, and the e1cvalcd arsenic concentrations restricting use even after petroleum rc:moval. disposal at a lined-landfill should be pursued. It jg requested that you provide a written response to this letter indicting the soil will be properly disposed within sixty (60) days, or justification for a time frame to complete the removal and disposal activity. r:ontinued.. .. .. 't;/tfrd ... -.ry<lrd ,.'pet. 1,-- ;r~~~. ,n · ,. ;" ", l ~ - "" \\f ~ ~ i!l IE t~, Ark 16 1999 I i L-.Q;.~eE~I~.'~.__-J "P~tect, Consel'l'~ orrd Manoi:e Flondc's Eny;/onmeM and Nalu!oIlle5~1I'ces" ~ul 20 99 01:5Sp Joan Bo~eI 07/20/1999 113:05 3eS-289-2314 (3051 745-1380 p.4 DEP MARA Tf1[)~ PAGE 64 " Janet Muccino Apri114, 1999 Page 2 Our office is interested in resolving this matter in the near future, such that compliance can be aciUeved without enforcement a~tion. We wiD appreciate the cooperation of the City of Key West to work towards a mutually agreeable solution. Please send a response to this letter to our post office address of the letterhead. If you have any qUt!tions concerning the above, pleaJe contact Jeff Gould at (941) 331-6975. Thank you for your attention in this matter. . Sincerely, rP~~'~ David M. Knowles P. E. Administrator DMKlIGG/vo cc: Ed RusscU, DEP CTe;:. 996-0 1 - Analysis of Grey Sand Composite Samples - June 13, 2008 Page 1 of 1 From: Cynthia Evans <cevans@crbgeo.net> To: toppkw@aol.com Cc: dlowell@crbgeo.net; 'barbara Livieri' <blivieri@crbgeo.net> Subject: CTS 996-01 . Analysis of Grey Sand Composite Samples. June 13, 2008 Date: Thu, 3 Jul2008 4:20 pm Attachments: CTS_ 996-01_2008_Jur_ 02_ Grey _Sand_Analysis_ Composite_Samples_Report.pdf (537K) _.~" ..~'"" ~~""~ ~ 1'.~1~ ~_.~~.. J . ~ ~"~~~ .>>>.,,;. """ ~ <~~~ ~~~~, "~.~lh.l#ml Dear Mr. Toppino: Please find the attached summary and review of the "Grey Sand" samples submitted for analysis. If you need any other additional information, please contact our offices at any time. Sincerely, Cynthia Cynthia Evans CRB Geological & Environmental Services, Inc. 8744 SW. 133rd St. Miami, FL 33176 (P) 305.447-9777 x119 (F) 305-567-2853 (E) cevans@crbgeo.net ~ Please consider the environment before printing! http://webmai1.aol.coml3 7 5 63/aol/en-us/Mail/PrintMessage.aspx 7/3/2008 1',' . '.,). .. - ".. . ~"", I "~ . - . . , j'~.: ~ :"t ~ -- ~. ~ .t. .... ...,. r.f", ~ ~ . , .. (jj.~ {l~-~ F' .~. -. I ~ ~ .' ,,~ ,-- - '1"1'''' · ::~ ': r-{- ~ ~ ::'~~I: /1~~~....t?~r~~~I:G- 'I~ ~.~~I- pr-T;'. -~_.. !--...: ~~ "r-- ' '. L".r:. _ J." ~~ >)" - ., - 'L ." " ., - , . D' /- .. ... ~ I ", I_~,- I~. ~ I __ r .- ... _ I I.~ . ,'': -.-t ..f I '4 J- ' ,"";' ..-... . - .~ 'j ". , . -;~~t'.-' , . . ~- - .. " ~ .' -- :- --.-.--. .- ...-. I I" · . ~1I1 . .~ .. I ~ ~"":.1..r'- r ,. I . .J -: -. I I, _~I' .5r" '~:JIo -.I> .. ., "..j . r"'; ~-<,. .." - ~ ~, .-.. .., " I .[ ... ... ~. ~ .. , . ~ --........ .....~ .;L-r" ~.~. . ...: -. J _: ~. ~. .oJ,.. '. .. . . .::' ... .-.. - 10 ~ , - ~ " :f. ,. . r..... .. ~ : .\- ~ . . . I'~ '" , -. - - ---- . , .. - ., I. - ...., -. - r .- ~,_. f . ~ . , , h... r__ 1_... \~I ::: f~: - , ": I .-;]):. ..:. .~..:. ~..- ~ i ..~.',.j,"'. -. .) ...~ .:.~...' _ ... . " ' . - ..... ... ~ , . .. .-. .. . ::. ~ ....- , ,- :.. :. . - ~ ..... I . . .,. :-) . ;- ~ t" ". ~. 1 ,. ., . , " ~ ;. I ! ~ ....- ...~ .~ ''''III ~ , , ~ - . - ~ SOURCE: Florida Department of Environmental Protection, Monroe County Property Appraisers Office, Adapted by PE&D July 2, 2008 Mr. Frank Toppino Charley Toppino & Sons, Inc. President P.O. Box 787 Miami, Florida 33041 Re: CRE Project CTS 996-01; Analysis of Grey Sand Composite Samples collected by client for City of Key West Mitigation Flow (Project #0803), Key West, Florida Dear Mr. Toppino: CRB Geological & Environmental Services, Inc. (CRB) is pleased to provide you with the attached summary and review of the laboratory results for the "Grey Sand" samples collected on June 13,2008. Four (4) "Grey Sand" samples were provided to our offices by Charley Toppino & Sons, Inc. on June 13, 2008. The samples were delivered in four wide mouth glass jars. Samples were then sent to Genapure Analytical Services, Inc. (GAS) of Boca Raton, Florida, using proper chain of custody protocols to control the transfer of samples. The samples were composited by the lab into two (2) samples and were analyzed for Volatile Organic Halocarbons (VOH), Volatile Organic Aromatics (VOA), Polycyclic Aromatic Hydrocarbons (PAH), Total Recoverable Petroleum Hydrocarbons (TRPH), RCRA Metals, Copper, und Organophosphorus Pesticides. Gcmtpure repud number L256020 fur sa.rnpling u<tlcu June 13, 2008 repurleu all samplt::s were below detectable limits or below Residential Soil Cleanup Target Levels (SCTL) as provided by Florida Administrative Code, Chapter 62-777. If you have any questions or comments concerning the above, please do not hesitate to contact one of us at (305) 447-9777. Sincerely, eRB Geological & Environmental Services, Inc. <}II Frederick R. Baddour, P.G. Senior Project Manager Doug Lowell Project Manager Attaclunent Genanllre~ ... .FKdaiYtitalS:~rvlte$;l!lIi, ANAL YTICAL RESULTS Printed: 07/01108 05:32pm Regarding: DOUG LOWELL CRB GEOLOGICAL & ENVIRONMENTAL SVCS. 8744 SW 133 ST MIAMI, FL 33176 CRB GEOLOGICAL & ENVIRONMENTAL SVCS. 8744 SW 133RD ST. MIAMI, FL 33176 rnv. No: 214799 Collected by: CustOOler Sampled L256020.1 GREY SAND.4/5 COMP L256020-2 GREY SAND-5 L256020-5 GREY SAND.617 COMP L256020-6 GREY SAND-7 All analyses were performed uSing EPA, ASTM, NIOSH, USGS, or Standard Methods and certified to meet NELAC requirements. Flags: ND or U-belcw MOL; IL-meets internal lab limits;MI-matrix interference; NA-not applicable. Flags: CFR-Pb/Cu rule' NFL-no free liquids; DRY = dry wt; A5IS = wet wt; C(#) See attached USB code FLDEP Flags: J(#l-est~mated l:surr. fail 2:no known QC req. 3:QC fail %R or %RPD; 4:matrix into 5: improper fld. protocol; L- exceeds calibration; Q-holding time exceeded; FLDEP Flags: T-value<MDL; V-present in blank; Y-improper preservation; B-colonies exceed range; I-estimated value;between the MOL and PQL: . Lab certification IDs: FLDOH/NELAC E86240; NC 444; SC 96031001; IL/NELAC 200020; VA 00395; KS/NELAC E-ID360; TN 02985; GA 917;NJ FLOI4;PA 68-03756; Lab IDs: ADEM 40850; USDA Soil Permit# S-35240; The above results relate only to the samples. EPA 18 is a non-NELAC certifiable parameter. Estimated uncertainty is available upon request. 07-01-08 12:50 This report is a revision of report number 673940 Genapure Analytical Services, Inc. 3231 NW 7th Avenue Boca Raton, FL 33431 (888)862-5227 Page 1 of 15 Serial Number: 674663 Respectfully submitted, J4t4~:~) Mike Kirnnel Project Manager ANALYTICAL RESULTS Printed: 07101/08 05:32pm Inv. No: 214799 Sarrple Number L256020-1 Sample DescriRtion GREY SAND-4/5 COMP Samp. Date/Time/Temp 06/13/08 10:ooam NA C Receive Date 06/13/08 SC1/llP led. by Cl.lstaner Sampled Received Tel1p 4 C Iced (Y/N): Y Method Result PQL prep Parameter OIL MOL Date Test Date, Analyst ~~B~\I " "1'" ':., i: 5030/8260 U mg/kg DRY 1 0.00032 0.0058 N/A 06/18/08 KY/ CHLOROMETHANE 5030/8260 U mg/kg DRY 1 0.00036 0.0058 N/A 06/18/08 KY/ VINYL CHLORIDE 5030/8260 U mg/kg DRY 1 0.00031 0.0046 N/A 06/18/08 KY/ BRO~METHANE 5030/8260 U mg/kg DRY 1 0.00098 0.0058 N/A 06/18/0B KY/ CHLOROETHO.NE 5030/8260 U mg/kg ORY 1 0.00034 0.0058 N/A 06/18/08 KY/ TRICHLOROFLUOROMETHO.NE 5030/8260 U mg/kg DRY 0.00028 0.0058 N/A 06/18/08 KY/ 1,1-DICHLOROETHENE 5030/8250 U mg/kg DRY 0.00036 0.0058 N/A 06/18/0B KY/ METHYLENE CHLORIDE bU30/8260 0.0146 mg/kg DRY 1 0.00088 0.012 N/A 06/18/08 KY/ TRANS-l,2-DICHLOROETHENE 5030/8260 U mg/kg DRY 1 0.00043 0.0058 N/A 06/18/08 KY/ METHYL TERTIARY BUTYL ETHER 5030/8250 U mg/kg DRY 1 0.00057 0.0058 N/A 06/18/08 KY/ l,1-DICHLOROETHANE 5030/8260 U mg/kg DRY 1 0.CXl12 0.0058 N/A 06/18/08 KY/ CIS-l,2-DICHLOROETHENE 5030/8260 U mg/kg DRY 1 0.00060 0.0058 N/A 06/18/08 KY/ CHLOROFORM 5030/8260 U mg/kg DRY 0.00035 0.0058 N/A 06/18/08 KY/ l,2-DICHLOROETHANE 5030/8260 U mg/kg DRY 1 0.00032 0.0058 N/A 06/18/08 KY/ 1,1 ,I-TRICHLOROETHANE 5030/8260 U mg/kg DRY 1 0.00044 0.0058 N/A 06/18/08 KY/ CARBON TETRACHLORIDE 5030/8260 U mg/kg DRY 1 0.00057 0.0058 N/A 06118/08 KY/ BENZENE 5030/8260 U mg/kg DRY 1 0.00037 0.0023 N/A 06/18/08 KY/ l,2-DICHLOROPROPANE 5030/8260 U mg/kg DRY 1 0.00031 0.0023 N/A 06/18/08 KY/ TRICHLOROETHENE 5030/8260 U mg/kg DRY 1 0.00092 0.0058 N/A 06/18/08 KY/ BROMODICHLOROMETHANE 5030/8260 U mg/kg DRY 1 0.00042 0.0023 N/A 06/18/08 KY/ 2-CHLOROETHYL VINYL ETHER 5030/8260 U mg /kg DRY 1 0.00061 0.058 N/A 06/18/08 KY/ CIS-l,3-DICHLOROPROPENE 5030/8260 U mg/kg DRY 0.00054 0.0023 N/A 06118/08 KY/ TRANS-l,3-DICHLOROPROPENE 5030/8260 U mg/kg DRY 0.00029 0,0023 N/A 06/18/08 KY/ 1.l,2-TRICHLOROETHANE 5030/8260 U mg/kg DRY 0.00034 0.0058 N/A 06/18/08 KYI TOLUENE 5030/8260 U mg/kg DRY 0.00049 0.0058 N/A 06/18/08 KY/ Page 2 of 15 Serial N~er: 674663 ANALYTICAL RESULTS Printed: 07/01/08 05:32pm Project No: 001548, Inv, No: 214799 Job Name: Job ld: Sample Number L256020-1 Sample Description GREY SAtolH/5 COMP Samp, Date/Time/Temp 06/13/08 10: OOam NIl C Receive Date 06/13/08 Samp led by Custaner Samp led Parameter Method Result MOL PQL Prep OIL Date Test Date, Analyst DIBROMOCHLOROMETHANE 5030/8260 U mg/kg DRY 0.0020 0.0023 N/A 06/18/08 KY/ TETRACHLOROETHENE 5030/8260 U mg/k g DRY 0.00092 0.0058 N/A 06/18/08 KY/ CHLOROBENZENE 5030/8260 U mg/kg DRY 1 0.00025 0.0058 N/A 06/18/08 KYI ETHYL BENZENE 5030/8260 U mg/kg DRY 1 0.00061 0.0058 N/A 06/18/08 KY/ M&P-XYLENES 5030/8260 U mg/k 9 DRY 1 0.0030 0.0058 N/A 06/18/08 KY/ BROI()FORM 5030/8260 U mg/kg DRY 0.00055 0.0058 N/A 06/18/08 KY/ O-XYLENE 5030/8260 U mg/kg DRY 0.00030 0.0058 N/A 06/18/08 KY/ XYLENES (TOTAL) 5030/8260 U mg/k 9 DRY 0.0033 0.01? N/A 06/18/08 KY/ TOTAL BTEX 5030/8260 U mg/kg DRY 0.0048 0,025 N/A 06/18/08 KY/ l,l,2,2-TETRACHLOROETHANE 5030/8260 U mg/kg DRY 1 0.00098 0.0012 N/A 06/18/08 KY/ l,3-DICHLOROBENZENE 5030/8260 U mg/kg DRY 1 0.00047 0.0058 N/A 06/18/08 KYI l,4-DICHLOROBENZENE 5030/8260 U mg/kg DRY 0.00052 0.0058 N/A 06/18/08 KY/ 1,2-DICHLOROBENZENE 5030/8260 U mg/kg OOY 0.00073 0.0058 N/A 06/18/08 KY/ SURROGATES % RECOVERY % Recovery L imi ts OIBROMOFLUOROMETHANE (SURR) 5030/8260 106 % 40-147 06/18/08 KY/ TOLUENE-DB (SURR) 5030/8260 99 % 29-146 06/18/08 KY/ 4-BROMOFLUOROBENZENE (SURR) 5030/8260 93 % 24-141 06/18/08 KY/ ~... t . '.. . ~ 3550/8270 u mg/kg DRY 0.025 0,12 06/17/08 06/18/08 LN 2-METHYLNAPHTHALENE 3550/8270 U mg/kg DRY 0.032 0.23 06/17/08 06/18/08 LN I-METHYLNAPHTHALENE 3550/8270 U mg/kg DRY 0.031 0.12 06/17/08 06/18/08 LN ACENAPHTHYlENE 3550/8270 U mg/kg DRY 0.034 0.12 06/17/08 06/18/08 LN ACENAPHTHENE 3550/8270 U mg/kg DRY 0.026 0.12 06/17/08 06/18/08 LN FLUORENE 3550/8270 U rng/kg DRY 0.026 0.12 06/17/08 06/18/0B LN PHENIINTHRENE 3550/8270 U mg/kg DRY 0.037 0.12 06/17/08 06/18/08 IN A~ACENE 3550/8270 U mg/kg DRY 0.041 0.12 06/17 /08 06/18/08 LN page 3 of 15 Serial Number: 674663 ANALYTICAL RESULTS Printed: 07101/08 05:32pm Inv. No: 214799 Sample Number L256020-1 Sample Description GREY SAND-4/5 CaMP Sarnp. Date/Time/Temp 06/13/08 10:00am NAC Receive Date 06/13/08 Samp led by Customer Sampled Method Result OIL PQL Prep Parameter MOL Date Test Date, Analyst FLUORANTHENE 3550/8270 U mg/kg DRY 1 0.044 0.12 06/17/08 06/18/0B LN PYRENE 3550/8270 U mg/kg DRY 1 0.038 0.12 06/17/08 06/18/08 LN BENZO(A)ANTHRACENE 3550/8270 U mg/kg OOY 1 0.032 0.12 06117/08 06/18/08 LN CHRYSENE 3550/8270 U mg/kg DRY 1 0.026 0.12 06/17/08 06118/08 LN BENZO(B)FLUORANTHENE 3550/8270 U mg/kg DRY 0.023 0.12 06/17/08 06/18/08 LN BENZO(K)FLUORANTHENE 3550/8270 U mg/kg DRY 0.038 0.12 06/17/08 06/18/08 LN BENZO(A)PYRENE 3550/8270 U mg/kg DRY 1 0.029 0.069 06/17/08 06118/08 LN rNDENO(1,2,3-CD)PYRENE 3550/8270 U mg/kg DRY 1 0.046 0.12 06/17/08 06118/08 LN DIBENZ(A,H)ANTHRACENE 3550/8270 U mg/kg DRY 1 0.032 0.069 06/17/08 06/18/08 LN BENZO(G,H,I)PERYLENE 3550/8270 U mg/kg DRY 1 0.031 0.12 06/17/08 06/18/08 LN SURROGATES X RECOVERY % Recovery Limits NITROBENZENE-OS (SURR) 3550/8270 69 % 57-116 06/17/08 06/18/08 LN 2-FLUOROBIPHENYL (SURR) 3550/8270 71 % 62-113 06/17/08 06/18/08 LN TERPHENYL-014. (SURR) 3550/8270 71 % 44-143 06/17/08 06/18/08 LN - mg /kg 0.12 R ~ 3050/6010B U DRY 2.3 06/18/08 06/20/08 IG ARSENIC 3050/6010B U mg/kg DRY 0.99 1.2 06/18/0B 06/20/08 IG BARIUM 3050/601OB 5.09 mg/kg DRY 0.17 3.5 06/18/08 06/20/08 16 CADMIUM 3050/6010B 0.0894 ] mg/kg DRY 1 0.035 0.58 06/18/08 06/20/08 IG CHROMIUM 3050/6010B 3.41 V mg/kg DRY 1 0.092 0.58 06/18/08 06/20/0B IG COPPER 3050/6010B U mg/kg DRY 1 1.7 3.5 06/18/08 06/20/08 KO LEAD 3050/6010B 1.42 mg/kg DRY 1 0.44 1.2 06/18/08 06/20/08 IG SELENIUM 3050/6010B U mg/kg DRY 0.58 2.3 06/18/08 06/20/08 16 ~~~l!lllfiiJ!.lll E U.~. ."",.' .. .. 7471 U mg/kg DRY 0.0057 0.015 06/15/08 06/15/08 RB Ef~.~m_~- 3550/8141 U ug/kg OOY 4.39 19.6 06/18/08 06/20/08 RC page 4 of 15 Serial Number: 674663 ANAL YTICAL RESULTS Pr1nted: 07/01/08 05:32pm Inv. No: 214799 Sample Number l256020-1 Sample Description GREY SAND-4/5 COMP Samp. Date/Time/Temp 06/13/08 10:ooam NA C Receive Date 06/13/08 Sampled by Custaner 5 amp led Method Resu It MDL PQl Prep Parameter DIL Date Test Date, Analyst DEMETON-O 3550/8141 U ug/leg DRY 1 3.12 19.6 06/18/08 06/20/0S RC DIAZIIION 3550/8141 U ug/leg DRY 1 12.7 19.6 06/18/08 06/20/08 RC TERBUFOS 3550/8141 U ug/kg CilY 1 3.93 19.6 06/18/0S 06/20/08 RC DEMETON-S 3550/8141 U ug/kg DRY 1 3.35 19.6 06/18/08 06/20/08 RC CHLORPYRIFOS-METHYL 3550/8141 U ug/leg DRY 1 3.58 19.6 06/18/08 06120/08 RC RONNEL 3550/8141 U ug/leg DRY 3.46 19.6 06/18/08 06/20/08 RC CHlORPYRIFOS 3550/8141 U ug/kg OOY 3.46 19.6 06/18/08 06120/08 RC FENTHlON 3550/8141 U ug/kg DRY 3.00 19.6 06/18/08 06/20/08 RC MALATHION 3550/8141 U ug/kg DRY 2.77 19.6 06/18/08 06120/08 RC FENI THROTHION 3550/8141 U ug/kg DRY 1 3.00 19.6 06/18/08 06/20/08 RC CHlORFENVINPIiJS 3550/8141 U ug/kg DRY 1 3.46 19.6 06/18/08 06120/08 RC CROTOXYPIiJS 3550/8141 U ug/k 9 DRY 3.23 19.6 06/18/08 06/20/08 RC CARBOPHEIIOTHION 3550/8141 U ug/kg DRY 9.12 19.6 06/18/08 06/20/08 RC LEPTOPOOS 3550/8141 U ug/kg DRY 1 4.B5 19.6 06/18/0B 06/20/08 RC NALED 3550/8141 U ug/kg DRY 1 3.12 19.6 06/18/08 06/20/08 RC MEVINPHOS 3550/8141 U ug/kg DRY 1 5.20 19.6 06/18/08 06/20/08 RC THIONAZIN 3550/8141 U ug/kg DRY 1 4.73 19.6 06/18/08 06120/08 RC PI-KlRATE 3550/8141 U ug/kg DRY 1 3.70 19.6 06/18/08 06120/08 RC ATRAZINE 3550/8141 U ug/kg DRY 4.16 19.6 06/18/08 06/20108 RC TEPP 3550/8141 U ug/kg OOY 5.20 196 06/18/08 06/20/08 RC DIOXATHION 3550/8141 U ug/lcg DRY 1.85 19.6 06/18/08 06/20/08 RC 01 CHLOROFENTHI ON 3550/8141 U ug/kg DRV 4.27 19.6 06/18/08 06/20/08 RC DICROTOPI-KlS 3550/8141 U ug/kg DRY 1 4.39 19.6 06/18/08 06/20/08 RC DIMETHOATE 3550/8141 U ug/kg DRY 6.93 19.6 06/18/08 06/20/08 RC MONOCROTOPHOS 3550/8141 U ug/kg DRY 3.12 19.6 06/18/08 06/20/08 RC MERPHOS 3550/8141 U ug/kg DRY 1.73 19.6 06/18/0B 06/20/08 RC page 5 of 15 Serial Number: 674663 ANALYTICAL RESULTS Printed: 07/01/08 05:32pm Inv. No: 214799 Sample Number L256020-1 Sample Description GREY SAND-4/5 COMP Samp. Date/Time/Temp 06/13/08 lO:OOam NA C Receive Date 06/13/08 Sampled by Custaner Sampled Method Result OIL MOL PQL prep Test Date, Analyst Parameter Date ASPON 3550/8141 U ug/kg DRY 1 3.93 19.6 06/18/08 06/20/08 RC PHOSPHAMlOON 3550/8141 U ug/kg DRY 1 4.73 19.6 06/18/08 06120/08 RC BOLSTAR 3550/8141 U ug/kg DRY 1 3.58 19.6 06/18/08 06/20/08 RC FENSULFOiHION 3550/6141 U ug/kg DRY 1 5.20 19.6 06/18/08 06/20/08 RC EPN 3550/8141 U ug/kg DRY 1 4.16 19.6 06/18/08 06/20/08 RC TRICHLORFON 3550/8141 U ug/kg DRY 6.12 19.6 06/18/08 06/20/08 RC TR1CHLORONATE 3550/8141 U ug/k 9 DRY 1 13.9 19.6 06/18/08 06/20/08 RC ETH3PRO? 3550/8141 U ug/kg CRY 1 2.77 19.6 06/18/08 06/20/06 RC SULFOTEP? 3550/8141 U ug/kg DRY 1 2.89 19.6 06/18/08 06/20/08 RC SIMAZINE 3550/8141 U ug/k 9 DRY 3.00 19.6 06/18/08 06120/08 RC FONOPHOS 3550/8141 U ug/kg DRY 2.43 19.6 06/18/08 06120/08 RC DlSULFOTON 3550/8141 U ug/kg DRY 4.50 19.6 06/16/08 06/20/08 HC PARATHION. METHYL 3550/8141 U ug/kg DRY 2.08 19.6 06/18/08 06/20/08 RC TOKUTHroN 3550/8141 U ug/kg DRY 2.43 19.6 06/18/08 06/20/08 RC PARATHION, ETHYL 3550/8141 U ug/kg DRY 2.31 19.6 06/18/08 06/20/08 RC STIROPHOS 3550/8141 U ug/kg DRY 2.66 19.6 06/18/08 06/20108 RC ETHION 3550/8141 U ug/kg DRY 2.31 19.6 06/18/08 06/20/08 RC PHOSMET 3550/8141 U ug/kg DRY 2.54 19.6 06/18/08 06/20/08 RC FA/rFHUR 3550/8141 U ug/kg DRY 3.12 19.6 06/18/08 06/20/08 RC AZINPHOS-METHYl 3550/8141 U ug/kg DRY 10.2 77.4 06/18/08 06/20108 He AZI NPHOS-ETHYL 3550/8141 U ug/kg DRY 2.89 77.4 06/18/08 06/20/08 RC COUMAPHOS 3550/8141 U ug/kg DRY 3.23 57.7 06/18/08 06/20/08 RC SURROGATES % RECOVERY ~ Recovery limits TRI BUTYlPHOSPHATE (SURR) 3550/8141 115 % 42-142 06/18/08 06/20/08 RC TRIPHENYLPHOSPHATE(SURR) 3550/8141 102 % 43-152 06/18/08 06/20/08 RC Page 6 of 15 Serial Number: 674663 ANAL YTJCAL RESULTS printed: 07/01108 05: 32pm Inv. No: 214799 Parameter Sample Number L256020-1 Sample Description GREV SAND-4/5 COMP Samp. Date/Time/Temp 06/13/08 lO:00arn NA C Receive Date 06/13/08 Sarnp led by Customer Sarnp led Method Result ~~-- FLPRO 4.99 I mg/kg ~V SURROGATES % RECOVERY ORTHO-TERPHENVL (SURR) FLPRO 99 I PENTATRIACONTANE(SURR) FLPRO 90 % ~~_. 160.3 86.6 I OIL MOL PQL Prep Test Date, Analyst Date 3.3 23 06/14/08 06/14/08 RR % Recovery Limits 62-109 06/14/08 06/14/08 RR 10-171 06/14/08 06114/08 RR N/A 06/16/08 GN Page 7 of 15 Serial Number: 674663 ANALYTICAL RESULTS Printed: 07/01/08 05:32pm Parameter Sample Number L255020~2 Sample Description GREY SAND-S Sarnp. DatelTime/Temp 06/13/08 10:OOam NA C Receive Date 06/13/08 Sampled by Custtlller Sampled Received Temp 4 C Iced (Y/N): Y Method Result Page 8 of 15 Serial Number: 674663 rnv. No: 214799 OIL prep Date MOL PQL Test Date, Analyst ANALYTICAL RESULTS Printed: 07/01/08 05:32pm In\1. No: 214799 Sawple Number L256020-S Sample Description GREY SAND-6/7 COMP Samp. DatelTime/Temp 06/13/0B 10:00am NA C Recei\1e Date 06/13/08 Sampled by Customer Samp led Recei\1e<! Temp 4 C Iced (Y/N): Y Method Result OIL MOL PQL prep Test Date, Analyst Parameter Date ~R~- 5030/8260 U mg/k 9 DRY 0.00032 0.0058 N/A 06/18/08 KY/ CHLOROMffifANE 5030/8260 U mg/kg DRY 1 0.00036 0.0058 N/A 06/18/08 KY/ V I NYL CHLOR IDE 5030/8250 U mg/kg DRY 1 0.00031 0.0046 N/A 06/18/08 KY/ BROOMETHANE 5030/8260 U mg/kg DRY 1 0.00098 0.0058 N/A 06/18/08 KYI CHLOROETWlNE 5030/8260 U mg/kg DRY 1 0.00034 0.0058 N/A 06/18/0B KY/ TRICHLOROFLUOROMETHANE 5030/8260 U mg/kg DRY 0.00028 0.0058 N/A 06/18/08 KY/ l,l-DICHLOROETHENE 5030/8260 U mg/kg DRY 0.00036 0.0058 N/A 06/18/08 KY/ METHYLENE CHLORIDE 5030/8260 0.00621 I mg/kg DRY 0.00088 0.012 N/A 06/18/08 KY/ TRANS-l,2-DICHLOROETHENE 5030/8260 U mg/kg DRY 0.00043 0.0058 N/A 06/18/08 KY/ METHYL TERTIARY BUTYL ETHER 5030/8260 U mg/kg DRY 0.00057 0.0058 N/A 06/18/08 KY/ l,l-DICHLOROETHANE 5030/8260 U mg/kg DRY 0.0012 0.0058 N/A 06/18/OS KYI CIS-l,2-DICHLOROETHENE 5030/8260 U mg/kg DRY 1 0.00060 0.0058 N/A 06/18/08 KVI CHLOROFORM 5030/8260 U mg/kg DRY 1 0.00035 0.0058 N/A 06/18/08 KY/ l,2-DICHLOROffifANE 5030/8260 U mg/kg DRY 1 0.00032 0.0058 N/A 06/18/08 KY/ l,l,I-TRICHLOROETHANE 5030/8260 U mg/kg DRY 1 0.00044 0.0058 N/A 06/18/08 KY/ CARBON TETRACHLORIDE 5030/8260 U mg/kg DRY 1 0.00057 0.0058 N/A 06/18/08 KY/ BENZENE 5030/8260 U mg/kg DRY 1 0.00037 0.0023 N/A 06/18/08 KY/ l,2-DICHLOROPROPANE 5030/8260 U mg/kg DRY 1 0.00031 0.0023 N/A 06/18/08 KY/ TRICHLOROETHENE 5030/8260 U mg/kg DRY 0.00093 0.0058 N/A 06/1 8/08 KY/ 8ROMOOICHLOROMETHANE 5030/8260 U mg/kg DRY 1 0.00042 0.0023 N/A 06/18/08 KY/ 2-CHLOROETHYL VINYL ETHER 5030/8260 U mg/kg DRY 1 0.00061 0.058 N/A 06/18/08 KY/ CIS-1,3-DICHLOROPROPENE 5030/8260 U mg/kg DRV 1 0.00054 0.0023 N/A 06/18/08 KY/ TRANS-1 ,3-D I CHLOROPROPENE 5030/8260 U mg/kg DRY 1 0.00029 0.0023 N/A 06/18/08 KY/ l,l,2-TRICHLOROETHANE 5030/8260 U mg/kg DRY 1 0.00034 0.0058 N/A 06/18/08 KY/ TOLUENE 5030/8260 U mg/kg DRY 1 0.00049 0.0058 N/A 06/18/08 KY/ Page 9 of 15 Serial Number: 674663 ANALYTICAL RESULTS Printed: 07/01/08 05:32pm Inv. No: 214799 Sarrple Number L256020-5 Sample Description GREY SAND-6/7 COMP Samp. Date/Time/Temp 06/13/08 10:ooam NA C Receive Date 06/13/08 Samp led by Customer Sampled Parameter Method Res I.Ilt OIL MOL PQL prep Test Date, Ana1yst Date DIBROMOCHLOROMETHANE 5030/8260 U mg/kg DRY 1 0.0020 0.0023 N/A 06/18/08 KY/ TETRACHLOROETHENE 5030/8260 U mg/kg DRY 1 0.00093 0.0058 N/A 06/18/08 KVI CHLDROBENZENE 5030/8260 U mg/kg DRY 1 0.00025 0.0058 N/A 06/18/08 KY/ ETHYL BENZENE 5030/8260 U mg/kg DRY 1 0.00061 o.c058 N/A 06/18/08 KY/ M&P-XYLENES 5030/8260 U mg/kg DRY 1 0.0030 0.0058 N/A 06/18/08 KY/ 8ROM:lFORM 5030/8260 U mg/kg DRY 1 0.00056 0.0058 N/A 06/18/08 KY/ O-XYLENE 5030/8260 U mg/kg DRY 1 0.00030 0.0058 N/A 06/18/08 KY/ XYLENES (TOTAL) 5030/8260 U mg/kg DRY 0.0033 0.012 N/A 06/18/08 KVI TOTAL 8TEX 5030/8260 U mg/k 9 DRY 1 0.0048 0.025 N/A 06/18/08 KY/ l,l,2,2-TETRACHLOROETHANE 5030/8260 U mg/k 9 DRY 1 0.00098 0.0012 N/A 06/18/08 KY/ l,3-DICHlOROBENZENE 5030/8260 U mg/kg DRY 1 0.00047 0.0058 N/A 06/18/08 KY/ l,4-DICHLOROBENZENE 5030/8260 U mg/kg DRY 1 0.00052 0.0058 N/A 06/18/08 KY/ l,2-DICHLOROBENZENE 5030/8260 U mg/Kg CRY 0.00073 0.0058 N/A 06/18/08 KY/ SURROGATES % RECOVERY % Recovery Limits DIBROMOFLUOROMETHANE (SURR) 5030/8260 107 % 40-147 06/18/08 KY/ TOLUENE-OS (SURR) 5030/8260 102 % 29-146 06/18/08 KY/ 4-BROMOFLUOROBENZENE (SURR) 5030/8260 93 % 24-141 06/18/08 KY/ ~"l 3550/8270 U mg/Kg DRY 0.025 0.12 06/17/08 06/18/0B LN 2-METHYLNAPHTHALENE 3550/8270 U mg/kg DRY 1 0.032 0.23 06/17/08 06/18/08 LN ]-METHYLNAPHTHALENE 3550/8270 U mg/Kg DRY 1 0.03] 0.12 06/17/08 06/18/08 LN ACENAPHTHYLENE 3550/8270 U mg/Kg DRY 1 0.035 0.12 06/17/08 06/18/08 LN ACENAPHTHENE 3550/8270 U mg/kg DRY 1 0.026 0.12 06/17/08 06/18/08 LN FLUORENE 3550/8270 U mg/Kg DRY 1 0.026 0.12 06117/08 06/18/08 LN PHENANTHRENE 3550/8270 U mg/kg DRY 1 0.037 0.12 06/17/08 06/18/08 LN ANTHRACENE 3550/8270 U mg/k 9 DRY 1 0.041 0.12 06/17/08 06/18/08 LN Page 10 of 15 Serial Number: 674663 ANALYTICAL RESULTS Printed: 07/01/0B 05:32pm Inv. No: 214799 Sample Number L256020-5 Sample Description GREV SAND-6/7 COMP Samp. Date/Time/Temp 06/13/08 lO:00am NA C Receive Date 06/13/08 Samp led by Customer Samp 1 ed Method Result OIL MOL PQL prep Test Date, Analyst Parameter Date FLUORANTHENE 3550/8270 U mg/kg DRY 1 0.044 0.12 06/17/08 06/18/08 LN PVRENE 3550/8270 U mg/kg DRY 0.038 0.12 06/17/08 06/18/08 LN BENZO(A)ANTHRACENE 3550/8270 U mg/kg DRY 1 0.032 0.12 06/17/08 06118/08 LN CHRVSENE 3550/8270 U mg/kg DRY 1 0.026 0.12 06/17/08 06/18/08 LN BENZO(B)FLUORANTHENE 3550/8270 U mg/kg DRV 1 0.023 0.12 06/17/08 06/18/08 LN BENZO(K)FLUORANTHENE 3550/8270 U mg/kg DRY 1 0.038 0.12 06/17/08 06/18/08 LN BENZO(A)PVRENE 3550/8270 U mg/kg DRV 1 0.029 0.069 06/17/08 06/18/08 LN INDEND(1,2.3-CD)PVRENE 3550/8270 U mg/kg DRV 1 0.046 0.12 06/17/08 06/18/08 LN DlBENZ(A,H)ANTHRACENE 3550/8270 U mg/kg DRV 1 0.032 0.069 06/17/08 06/18/08 LN BENZO(G,H,I)PERVLENE 3550/8270 U mg/kg DRV 1 0.031 0.12 06/17/08 06/18/0B LN SURROGATES % RECOVERY % Recovery Limits NITROBENZENE-OS (SURR) 3550/8270 72 % 57-116 06117/08 06/18/08 LN 2-FLUOROBIPHENVL (SURR) 3550/8270 75 % 62-113 06/17/08 06/18/08 LN TERPHENYL-D14 (SURR) 3550/8270 79 % 44-143 06/17/08 06/18/08 LN ~~_. 3050/601OB U mg/kg DRY 0.12 2.3 N/A 06/19/08 NR ARSENIC 3050/601OB U mg/kg DRY 0.38 1.2 N/A 06/19/08 NR BARIUM 3050/60108 6.28 mg/kg DRY 0.17 3.5 N/A 06/19/08 NI? CADMIUM 3050/6010B 0.0662 I mg/kg DRY 0.035 0.58 N/A 06/19/08 NR CHROMIUM 3050/6010B 2.72 mg/kg DRY 0.093 0.58 N/A 06/19/08 WI? COPPER 3050/601OB U mg/kg DRY 1.7 3.5 06/18/08 06/19/08 KO LEAD 3050/60108 3.07 mg/kg OilY 0.44 1.2 N/A 06/19/08 NR SELENIUM 3050/6010B U mg/kg DRY 0.58 2.3 N/A 06/19/08 NR IIPB.D~ 7471 U mg/kg DRY 0.0057 0.015 06/15/08 06/15/08 RB ~~Hpel~l~ 3550/8141 U ug/kg DRY 4.40 19.7 06/18/08 06/20/08 RC Page 11 of 15 Serial Number: 674663 ANAL YTICAL RESULTS Pri nted: 07/01108 05: 32pn Inv. No: 214799 Sarnp 1 e Number L25502O-5 Sample Description GREY SA/ID-517 COMP Samp. Date/Time/Temp 06/1310B 10:00am NA C Receive Date 06113/08 Sampled by Customer Sarnp led Parameter Method Result OIL MOL PQL prep Date Test Date, Analyst DEMETON-O 3550/8141 U uglkg DRY 1 3.12 19.7 06/18108 06120/0B RC DIAZINON 3550/8141 U uglkg DRY 1 12.7 19.7 06/18/08 06/20108 RC TERBUFOS 3550/8141 U uglkg DRY 1 3.93 19.7 06/18/08 06120/08 RC DEMETON-S 3550/8141 U ug/kg DRY 3.35 19.7 06/18/08 0612010B RC CHLORPYRIFOS-METHYL 3550/8141 U uglkg DRY 3.59 19.7 06/18/08 06120/08 RC RONNEL 355018141 U ug/kg DRY 3.47 19.7 06/18/08 06/20108 RC CHLQRPYRIFOS 3550/8141 U ug/kg DRY 3.47 19.7 06/18/08 06120/08 RC FENTHION 3550/8141 U uglkg DRY 3.01 19.7 06/18/08 06/20108 RC MALATHION 3550/8141 U ug/k g DRY 2.78 19.7 06/18/08 06120/08 RC FENITHRDTHIDN 3550/8141 U ug/kg DRY 3.01 19.7 06/18/08 06120/08 RC CHLOR FENV I NPHOS 3550/8141 U ug/kg DRY 3.47 19.7 06/18/08 06/20108 RC CROTOXYPl{)S 3550/8141 U uglkg DRY 3.24 19.7 06/18/08 06120/08 RC CARBOPHEMlTHION 3550/8141 U ug/k 9 DRY 9.14 19.7 06/18/08 06/20/08 RC LEPTOPHOS 3550/8141 U uglkg DRY 1 4.86 19.7 06/18/08 06120/08 RC NClLED 3550/8141 U ug/kg DRY 3.12 19.7 06/18/08 06/20/08 RC MEVINPHOS 3550/8141 U ug/kg DRY 5.20 19.7 06/18/08 06/20108 RC THIONAZIN 3550/8141 U ug/kg DRY 4.74 19.7 06/18/08 06120108 RC Pt{)RATE 3550/8141 U uglkg DRY 3.70 19.7 06/18/08 06/20/08 RC ATRAZINE 3550/8141 U ug/kg DRY 4.16 19.7 06/18/08 06/20/08 RC TEPP 3550/8141 U ug/kg DRY 1 5.20 197 06/18/08 06120/08 RC DIOXATHION 3550/8141 U uglkg DRY 1 1.85 19.7 06/18/08 06/20/08 RC DICHLOROFENTHION 3550/8141 U ug/kg ORY 1 4.28 19.7 06/18/08 06/20/08 RC DICROTOPHOS 3550/8141 U ug/kg DRY 4.40 19.7 06/18/08 06120/08 RC DIMETHOATE 3550/8141 U ug/kg DRY 1 6.94 19.7 06/18/08 06/20/08 RC MOI>OCROTOPKlS 3550/8141 U ug/kg DRY 1 3.12 19.7 06118/08 06/20108 RC MERPHOS 3550/8141 U ug/kg DRY 1 1.73 19.7 06/18/08 06/20108 RC Page 12 of 15 Serial Number: 674663 ANAL YTICAL RESULTS Printed: 07/01/08 05:32pm Inv. No: 214799 S~le Number L256020-5 Sample Description GREY SAND-6/7 COMP Samp. Date/Time/Temp 06/13/08 lO:ooam NA C Receive Date 0$113/08 Sampled by ClIstaner Sampled Result MOL PQL prep Test Date, Analyst Parameter MethOd OIL Date ASPON 3550/8141 U ug/kg DRY 1 3.93 19.7 06/18/08 06/20/08 RC PHOSPHAMlOON 3550/8141 U ug/kg DRY 1 4.74 19.7 06/18/08 06/20/0B RC BOLSTAR 3550/8141 U ug/kg Cl1V 1 3.59 19.7 06/18/08 06/20/08 RC FENSULFOTHION 3550/8141 U ug/kg DRY 1 5.20 19.7 06/18/08 06/20/08 RC EPN 3550/8141 U ug/kg DRY 1 4.16 19.7 06/18/08 06120/08 RC TRICHLORFON 355018141 U ug/kg DRV 1 6.13 19.7 06/18/08 06/20/0B RC TRICHLORONATE 3550/8141 U ug/kg OOY 1 13.9 19.7 06/18/08 06/20/08 RC ETliJPROP 3550/8141 U ug/kg DRY 1 2.78 19.7 06/18/08 06/20108 RC SULFOTEPP 3550/8141 U ug/kg DRY 1 2.89 19.7 06/18/08 06/20/0S RC SIMAZINE 3550/8141 U ug/kg DRV 1 3.01 19,7 06/18/08 06/20/08 RC FO~HOS 3550/8141 U ug/kg DRV 1 2.43 19.7 06/18/08 06/20/08 RC DISULFOTON 3550/8141 U ug/kg DRY 1 4.51 19.7 06/1S/08 06/20/08 RC PARATHION, METHYL 3550/8141 U ug/kg DRY 2.08 19.7 0611S/08 06/20108 RC TOKUTHION 3550/8141 U ug/kg OOY 1 2.43 19.7 06/18/08 06/20/08 RC PARATHION, ETHVL 3550/8141 U ug/k 9 DRY 2.31 19.7 06/18/08 06/20/08 RC STIROPHOS 3550/8141 U ug/kg DRY 2.66 19.7 06/18/0B 06/20/08 RC ETHION 3550/8141 U ug/kg DRV 2.31 19.7 06/18/0S 06/20/08 RC PHOSMET 3550/8141 U ug/kg DRY 1 2.54 19.7 06/18/08 06/20/08 RC FAMPHUR 3550/8141 U ug/kg DRY 3.12 19.7 06/18/08 06/20/08 RC AZI ff'HOS-METHYL 3550/8141 U ug/kg DRY 10.2 77.5 06/18/08 06/20/08 RC AZiNPf{)S-ETHVL 3550/8141 U ug/kg DRV 1 2.89 77.5 06/18/08 06/20/08 RC COUWlPHOS 3550/8141 U ug/kg DRY 1 3.24 57.8 06/18/08 06/20/08 RC SURROGATES % RECOVERY % Recovery Limits TRlBUTYLPHOSPHATE(SURR) 3550/8141 116 % 42-142 06/18/08 06/20/0a RC TRrPHENYLPHOSPHATE(SURR) 3550/8141 100 % 43-152 06/18/08 06/20/08 RC Page 13 of 15 Serial Number: 674663 ANALYTICAL RESULTS Printed: 07/01/08 05:32pm Inv. No: 214799 Sairp 1e Number L256020-5 Sample Description GREY SAND-6/7 COMP Samp. Date/Time/Temp 06/13/08 10: OOam NAC Receive Date 06/13/08 Samp led by Customer Sampled Method Result OIL MDL PQL prep Test Date, Analyst Parameter Date .~- FLPRO U mg/kg DRY 3.4 23 06/14/08 06/14/08 RR SURROGATES % RECOVERY % Recovery Limits ORTHD-TERPHENYL (SURR) FLPRO 112 % 62-109 06/14/08 06/14/08 RR PENTATRIACONTANE(SURR) FLPRO 96 % 10-171 06/14/08 06/14/08 RR fo~WlI~Ik~~fJll 160.3 86.5 % N/A 06/16/08 GN Page 14 of 15 Serial Number: 674663 ANAL YTICAL RESULTS Printed: 07/01/08 05:32pm Parameter Sample Number Sample Description Samp. Date/Time/Temp Receive Date Samp led by Received Temp Method Page 15 of 15 L256020-6 GREY SAND-7 06/13/08 lO:00am NA C 06/13/08 Customer Samp led 4 C Iced (Y/N): Y Resu It Serial Number: 674663 Inv. 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Q.l '$ ... d .Ei vr E S ~ lI! ,2 J tQ t/J :::i LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Land Authoritv Bulk Item: Yes No l Contact / Phone #: Mark Rosch 1295-5180 Agenda Item Wording: Actions related to the Conley property (RE #00065120-000000) in Key West- Approval of a resolution authorizing the conveyance of the property to the Monroe County Board of County Commissioners for wetland restoration activities associated with the runway safety area project at Key West International Airport. Item Background: This item is proposed to protect the natural environment and to assist the County in meeting its permitting requirements for the runway safety area project at Key West International Airport (KWIA). The subject property consists of a 46-acre parcel immediately north of KWIA in the Salt Ponds area of Key West. The northern portion of the property consists of mangrove vegetation and the southern portion is filled. KWIA staff proposes to acquire title and conduct wetland restoration activities on the property as mitigation for wetland impacts resulting from the airport's runway safety area project. These mitigation activities are required by the project's permits from the South Florida Water Management District and the US Army Corps of Engineers. The proposed resolution authorizes the Land Authority to convey the subject property to the BOCC subject to a conservation easement. The conservation easement prohibits development activities except for fences and the restoration activities required by the SFWMD and USACOE permits. Advisory Committee Action: On March 31, 2010 the Committee voted 4/0 to approve this item. Previous Governing Board Action: On March 17, 2010, while sitting as the BOCC and in anticipation of receiving title from the Land Authority, the Board approved granting a conservation easement on the property to SFWMD as required for the runway safety area permit. Contract/Agreement Changes: NIA Staff Recommendation: Approval Total Cost: $ 600.00 Indirect Cost: $ Budgeted: Yes~ No_. Cost to Land Authority: $ 600.00 Source of Funds: Land Authoritv (Tourist Impact Tax collected in Key West) Approved By: Attorney ---2L- County Land Steward l. Documentation: Included: ~ To Follow: Not Required: Disposition: Agenda Item _ OKYv~,I.Y ~o~~~E (305) 294-4641 ....,-.'.--. i Suzanne A. Hutton, County Attorney** Robert B. Shillinger, Chief Assistant County Attorney ** Pedro J. Mercado, Assistant County Attorney ** Susan M. Grimsley, Assistant County Attorney ** Natileene W. Cassel, Assistant County Attorney Cynthia L. Hall, Assistant County Attorney Christine Limbert-Barrows, Assistant County Attorney Derek V. Howard, Assistant County Attorney Lisa Granger, Assistant County Attorney ';" 'i ;~~" .....~... ,. m: j2, '~'" .,: ,;. I,. I c~'. .1,.1,,,-" .. ........ I JI I; ...~;:~~,~~._- ...-! :. './lY ~~~:...L....:..: ., ~J41;. '..~'")\,I~)j-'..:'.~.. ., ** Board Certified in City, County & Local Govt Law To: Mark Rosch, Executive Director Monroe County Land Authority From: Pedro 1. Mercado, Assistant County Attorney Date: March 25,2010 Re: Request for conveyance of property BOARD OF COUNTY COMMISSIONERS Mayor Sylvia J. Murphy, District 5 Mayor Pro Tem Heather Carruthers, District 3 Kim Wigington, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 Office of the County Attorney 1111 12th Street, Suite 408 Key West, FL 33040 (305) 292-3470 - Phone (305) 292-3516 - Fax I hereby formally request that the Monroe County Land Authority convey title to Land Authority property (R.E.# 00065120-000000) partially situated within mitigation area 2 to Monroe County for purposes of inclusion of the property in the Key West International Airport's property map as shown in the airport layout plan (ALP). This property shall be used as mitigation pursuant to the permitting requirements of the Runway Safety Area project. RESOLUTION NO. A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY AUTHORIZING THE CONVEYANCE OF PROPERTY IN THE KEY WEST SALT PONDS AREA (RE #00065120-000000) TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS FOR WETLAND RESTORATION ACTIVITIES ASSOCIATED WITH THE RUNWAY SAFETY AREA PROJECT AT THE KEY WEST INTERNATIONAL AIRPORT. WHEREAS, in 1991 the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority") purchased a parcel identified by RE #00065120-000000 in the area known as the Key West Salt Ponds (hereinafter "subject property") for conservation and recreation purposes; and WHEREAS, the legal description of the subject property is shown in Exhibit A; and WHEREAS, prior to Land Authority ownership, the natural condition of the subject property was disturbed by the introduction of fill and exotic vegetation; and WHEREAS, the County's Airport staff propose to acquire title and conduct restoration activities on the subject property as mitigation for wetland impacts that will result from the expansion of the runway safety area on the adjoining property at Key West International Airport; and WHEREAS, the Land Authority Advisory Committee considered the proposed conveyance to the Monroe County Board of County Commissioners at a meeting held on March 31, 2010 and voted 4/0 to recommend approval; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, THAT: The Chairman of the Land Authority Governing Board is hereby authorized to sign a deed conveying the subject property to the Monroe County Board of County Commissioners. Said deed shall be subject to the conservation easement in Attachment A. (Seal) ATTEST: MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Mark J. Rosch Executive Director Kim Wigington Chairman Approved for Legal Form Larry R. Erskine EXHIBIT A Legal Description Commencing at the intersection of the southerly right of way line of Flagler Avenue and the Westerly right of way line (curb line) of Roosevelt Boulevard, bear south 21 degrees, 22 minutes and 29 seconds east for a distance of 469.9 feet to a point, thence bear south 68 degrees, 45 minutes and 49 seconds west along the southerly side of the proposed canal for a distance of 1499.9 feet to the point of beginning of the parcel of land hereinafter . described; from said point of beginning continue bearing south 68 degrees, 45 minutes and 49 seconds west for a distance of 999.9 feet to a point, said bearing being on the southerly side of said proposed canal; thence bear south 21 degrees, 14 minutes and 29 seconds east for a distance of 2966.16 feet to a point; thence bear south 88 degrees, 41 minutes, 54 seconds, east for a distance of 974.45~to a point; thence bear north 21 degrees, 14 minutes and 29 seconds west for a distance of 2439.72 feet back to the point of beginning, containing 46.55 acres, on the island of Key West, Florida. Attachment A THIS INSTRUMENT PREPARED BY AND RETURN TO: Larry R. Erskine, Esq. 1200 Truman Avenue. Suite 207 Key West, FL 33040 Property Appraiser's Parcel Identification (Folio) Number: RE #00065120-000000 SPACE ABOVE THIS LINE FOR RECORDING DATA GRANT OF CONSERVATION EASEMENT THIS GRANT OF EASEMENT is made on this day of ,2010, by Monroe County, a political subdivision of the State of Florida, whose address is 500 Whitehead Street, Key West, Florida 33040, Grantor, to Monroe County Comprehensive Plan Land Authority, a land authority under Section 380.0663 (1). Florida Statutes and Monroe County Ordinance No. 031-1986, whose address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040, as Grantee. A) The Grantor is the owner of certain real property (the servient estate) located in Monroe County, Florida, more particularly described in Exhibit A B) This easement is a conservation easement created pursuant to Section 704.06, Florida Statutes, and is to be governed by, construed, and enforced in accordance with that statute along with applicable laws of the State of Florida. 1. Grant of easement. In consideration for the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt of which is hereby acknowledged, the Grantor hereby grants to Grantee the easement described below. 2. Easement area. The conservation easement granted by this instrument covers the entire property described in Exhibit A 3. Restraints imposed by the conservation easement. The conservation easement granted by this instrument allows all mitigation activities required by South Florida Water Management District Permit No. 44-00149-S and U.S. Army Corps of Engineers Permit No. 2002-06663 within the easement area. With the exception of said mitigation activities and the construction of fences, the conservation easement granted by this instrument prohibits the following within the easement area: a) Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground. b) Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials. c) Removal or destruction of trees, shrubs, or other vegetation except non-native vegetation whose removal is authorized by the Grantee. d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. e) Surface use except for purposes that permit the land or water area to remain predominately in its natural condition. Page 1 of 2 f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. g) Acts or uses detrimental to such retention of land or water areas. h) Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties having historical, archaeological, or cultural significance. 5. Terms and persons bound. This conservation easement is perpetual, runs with the land and is binding on all present and subsequent owners and mortgagees of the servient estate. Grantor represents that the mortgagee(s), if any, whose consent is attached hereto, is (are) the only mortgagee(s) having a security interest in the servient estate. 6. Modification of easement. No modification of this easement is binding unless evidenced in writing and signed by an authorized representative of the Grantee. 7. Attorney's fees. In the event of any controversy, claim or dispute anslng under this instrument, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including appeals. 8. Entry of Grantee's representative on the servient estate. The Grantee may enter upon the servient estate, after first furnishing the Grantor no less than 24 hours notice, for the purpose of inspection to determine the Grantor's compliance with this Grant of Easement. 9. Limitation on Liability for Personal Injury or Injury to Properly. The Grantor waives any rights the Grantor may have to bring a claim against Grantee for personal injury or injury to property that is caused by the negligent action or inaction of Grantee or an employee or agent of Grantee during the course of Grantee's activity related to this Grant of Easement. Grantor holds Grantee harmless from the claims of all persons for actions, inactions, or activities occurring on the servient estate. 10. Notice. Any notice provided for or concerning this grant of easement must be in writing and is sufficiently given when sent by certified or registered mail, or via an equivalent service furnished by a private carrier, to the respective address of each party as set forth at the beginning of this Grant of Easement. IN WITNESS WHEREOF, Grantor grants the Conservation Easement above and executes this instrument on the date first above written. ATTEST: Danny L. Kolhage, Clerk GRANTOR Monroe County Deputy Clerk Sylvia Murphy, Mayor Page 2 of 2 EXHIBIT A legal Description Commencing at the intersection of the southerly right of way line of Flagler Avenue and the Westerly right of way line (curb line) of Roosevelt Boulevard, bear south 21 degrees, 22 minutes and 29 seconds east for a distance of 469.9 feet to a point, thence bear south 68 degrees, 45 minutes and 49 seconds west along the southerly side of the proposed canal for a distance of 1499.9 feet to the point of beginning of the parcel of land hereinafter . described; from said point of beginning continue bearing south 68 degrees, 45 minutes and 49 seconds west for a distance of 999.9 feet to a point, said bearing being on the southerly side of said proposed canal; thence bear south 21 degrees, 14 mi nutes and 29 seconds east for a distance of 2966.16 feet to a point; thence bear south 88 degrees, 41 minutes, 54 seconds, east for a distance of 974.45'to a point; thence bear north 21 degrees, 14 minutes and 29 seconds west for a distance of 2439.72 feet back to the point of beginning, containing 46.55 acres, on the island of Key West, Florida. LAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: Land Authoritv Bulk Item: Yes No...x.. Contact / Phone #: Mark Rosch /295-5180 Agenda Item Wording: Approval of First Amendment to Professional Services Contract with Larry R. Erskine, P.A. Item Background: One of Larry Erskine's responsibilities as Land Authority Attorney is to handle the real estate closings for all properties acquired and sold by the Land Authority. Pursuant to his contract with the Board, Mr. Erskine is paid on a per closing basis for this work. Ordinance 10-2010, codified as section 2-429 Monroe County Code, prohibits staff from receiving a commission or other compensation from a real estate transaction recommended or approved by the public employee's agency. However, in anticipation of situations like Mr. Erskine's, section 2-429(a)(2) of the ordinance allows the Board to exempt an attorney contracted to provide services to Monroe County or any agency thereof. Since the Board has hired Mr. Erskine for the specific purpose of representing the Board in real estate transactions, the proposed contract amendment would identify Mr. Erskine as exempt and allow him to continue to be paid on a per closing basis. Advisory Committee Action: N/A Previous Governing Board Action: Sitting as the BOCC, the Board approved Ordinance 10-2010 on March 17, 2010. Contract/Agreement Changes: Exempt Larry R. Erskine, P.A. from the compensation prohibition established in section 2-429, Monroe County Code. Staff Recommendation: Approval Total Cost: $ Indirect Cost: $ Budgeted: Yes...x..- No Cost to Land Authority: $ Source of Funds: Approved By: Attorney ~ County Land Steward Documentation: Included:...x..- To Follow: Not Required: Disposition: Agenda Item _ FIRST AMENDMENT TO PROFESSIONAL SERVICES CONTRACT THIS AMENDMENT to the Professional Services Contract is entered into this _ day of April 2010, by and between the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority pursuant to s. 380.0661, Florida Statutes and Monroe County Ordinance 31- 1986 (hereinafter "AUTHORITY"), whose address is 1200 Truman Avenue, Suite 207, Key West, FL 33040, and Larry R. Erskine, P.A. (hereinafter "FIRM"), whose address is PO Box 4035, Key West, FL 33041. WITNESSETH: WHEREAS, the AUTHORITY and FIRM entered into a Professional Services Contract (hereinafter "Contract") on September 16, 2009; and WHEREAS, the parties desire to modify the Contract; NOW, THEREFORE, in consideration of the mutual promises contained in the Contract, the parties agree as follows: 1. Pursuant to section 2-429(a)(2), Monroe County Code, the FIRM is hereby exempted from the compensation prohibition established in section 2-429, Monroe County Code. 2. In all other regards the Professional Services Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their signatures the date first above written. Attest: MONROE COUNTY LAND AUTHORITY By: Mark J. Rosch, Executive Director By: Kim Wigington, Chairman LARRY.R. ERSKI.N~E' P.A'f~) L'-L-- '/'/ , By: Larry R. Erskine, Director , "L/'~ j..:::~tJ PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is made and entered into this 16th day of September, 2009, by and between the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY (hereinafter "AUTHORITY"), 1200 Truman Avenue, Suite 207, Key West, FL 33040, and Larry R. Erskine, P.A. (hereinafter "FIRM"), P.O. Box 4035, Key West, Key, FL 33041. WITNESSETH: WHEREAS, the AUTHORITY desires to enter into a contract with the FIRM to provide legal counsel and services; and WHEREAS, the FIRM is willing to represent the AUTHORITY; NOW, THEREFORE, in consideration of the mutual promises contained in this contract the parties agree as follows: 1. SCOPE OF SERVICES. A. FIRM shall provide the following services: i) Legal opinions and general counseling to the AUTHORITY, its Executive Director, and its Advisory Committee; ii) Drafting and review of rules and other documents as requested by the Executive Director of the AUTHORITY; iii) Attendance at each scheduled meeting of the AUTHORITY and its Advisory Committee; iv) The FIRM will handle the closings on all properties acquired and sold by the AUTHORITY. B. BOND ISSUES. If the AUTHORITY elects to issue bonds, the FIRM, at the discretion of the AUTHORITY, may act as counsel and if so shall be paid in the general manner and amount customary to the industry. C. LITIGATION It is not anticipated that litigation will be necessary. Should the need arise, the FIRM shall handle the litigation at its customary hourly rate to the extent directed by the AUTHORITY. D. LOBBYING - The duties of the FIRM specifically do not include lobbying before the Legislature of the State of Florida. E. OFFICE SPACE - The AUTHORITY shall provide suitable office space, utilities, telephone service, custodial service, postage, office supplies, photocopy equipment, furniture, and office equipment as necessary for the FIRM's work pursuant to this contract. 2. TERM. The term of this agreement is October 20, 2009, through October 19, 2012. 1 3. PAYMENT. A. For all of the above services, except closings, litigation, and bond related services, a fee of two hundred twenty-five dollars ($225.00) per hour shall be paid by the AUTHORITY to the FIRM. Expenses shall be billed monthly as accumulated. Bond work is covered by Paragraph 1 B above, and litigation by Paragraph 1 C above. The AUTHORITY shall pay the FIRM an amount not to exceed $35,000 per year for services under this contract, excluding closing fees and related charges set forth in Paragraph 3B, below. B. Closing fees for each transaction shall be five hundred dollars ($500.00) plus the cost for an owners' title insurance policy at the promulgated rates shown in Attachment A. These fees shall be collected at and as a cost of closing. C. No travel expenses shall be paid for routine travel to and from the sites of the hearings and normal office supplies consumed in the course of representation will not be reimbursable. D. The FIRM shall submit all bills to the AUTHORITY'S Executive Director, or his designee, for review by the tenth of each month for services performed during the previous month. The bill shall be in a form satisfactory to the AUTHORITY'S Executive Director. Payment of approved bills shall be made to the FIRM within the time required by the Florida Prompt Payment Act. 4. TERMINATION. A. The FIRM serves at the pleasure of the AUTHORITY. The AUTHORITY may terminate this contract by providing the FIRM with written notice of termination. Upon receipt of the notice or upon any later effective termination date described in the notice, the FIRM shall immediately cease performing any further services under this contract. The AUTHORITY will remain obligated to pay the FIRM for all service performed but unpaid up to the date of the FIRM'S receipt of the notice or such later effective date specified by the AUTHORITY, provided that compensation for services shall not be terminated sooner than thirty (30) days after the date of written notice unless mutually agreed to, in writing, between the parties. B. The FIRM may terminate this contract by giving the AUTHORITY at least thirty (30) days written notice. The FIRM shall be paid for all services performed but unpaid up to the effective date of termination. 5. STANDARDS AND CORRECTIONS A. The FIRM shall perform or furnish professional services in accordance with the generally accepted standards of the FIRM's profession or occupation and with any laws, statutes, ordinances, codes, rules and regulations governing the FIRM's services hereunder. B. The FIRM shall, without additional compensation, correct and revise any errors, omissions, or other deficiencies in the FIRM's work product, services, or materials arising from the negligent act, error or omission of the FIRM. The foregoing shall be construed as an independent duty to correct rather than waiver of the AUTHORITY's 2 rights under any applicable statute of limitations. The review of, approval of, or payment for any of the FIRM's work product, services, or materials shall not be construed to operate as a waiver of any of the AUTHORITY's rights under this Agreement, or cause of action the AUTHORITY may have arising out of the performance of this Agreement. 6. CONFLICTS OF INTEREST A. The FIRM will not represent parties before the AUTHORITY, the Monroe County Commission, or their staff in any matters related to the Land Authority during the term of this contract. However, the FIRM shall be permitted to represent clients before the Monroe County Commission and its staff in matters unrelated to the Land Authority. B. The FIRM shall notify the Executive Director of the AUTHORITY of any conflict of interest, which would preclude FIRM from representing AUTHORITY. Further, the FIRM shall notify the Executive Director of the AUTHORITY should the FIRM determine that additional counsel needs to be retained to assist the FIRM in its representation of the AUTHORITY. C. During any hours the FIRM provides services to the AUTHORITY, the FIRM shall devote its full time and effort to the services being performed for the AUTHORITY. The FIRM shall truthfully and accurately maintain all records and make such reports as the AUTHORITY may require. 7. INSURANCE. Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the FIRM shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $500,000 per Occurrence/$1 ,000,000 Aggregate. 8. NON-ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by the FIRM without the prior written consent of the AUTHORITY. Further, with the exception of title searches, no portion of this Agreement may be performed by subcontractors or sub-consultants without written notice to and approval of such action by the AUTHORITY. 9. ANTI-SOLICITATION. The FIRM warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the AUTHORITY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, to otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 10. DELIVERY. All written notices required under this contract shall be considered to have been delivered and received if hand delivered or sent by certified U.S. Mail or a nationally recognized courier service to the addresses first written above. 3 11. VENUE. GOVERNING LAW. AND ATTORNEYS FEES. Venue for any litigation arising out of or under this agreement shall be in Monroe County, Florida. The governing law shall be that of the State of Florida. In the event of litigation to enforce payment or any of the terms of the agreement, the prevailing party shall be entitled to receive reasonable attorneys' fees, including appellate attorney fees, if necessary. 12. PUBLIC ENTITY CRIME STATEMENT. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in Section 280.017 FS, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 13. SEVERABILITY/NO WAIVERS. In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any breach of any provision, term, condition or covenant shall not be construed by the other party as a waiver of any subsequent breach. , "'rN"_~ITNq~S WHEREOF, the parties hereto have set their signatures the date first above " wrm~O.'J:tl., . } j I .1::\ \\.\ '" J. ~'W ..' ti( c,' 7ftt dt. (r; l.. " \ ~"9~, I,' ': " -j /',-. . i \'. ,~t .,. (~ In... ~>,',':'''-'_.' V ~ B~~;;; Ros ,Executive Dir~ctor MONROE COUNTY LAND AUTHORITY BY:---Y,~ W~~ Kim Wigington, irman _..;\~i"''';:)E (:;OUNT'{ ATT ;:'I,~EY \F'PROVED AS TO dM: fj~dJ "' .. , "'.. I ",i..TiLc:EI"[ Vii ";!J,~~;:)E.._ , - r-' ~r'" ",-" ....'.....; ",.~ "_ 1-, -'r "f ,'-"- - t r- I /,\~,':.'L:. I f"J.,,\; 1 L~".,_lr" ~ " h, t u:=L~c~ [:l>:---+- 7- .;tJ~7 LARRY R. ERSKINE, P. By: --t Larry R. Erskine, Director 4 ATTACHMENT A LAND AUTHORITY RATE SHEET Effective: October 20, 2003 PROMULGATED RATES FOR TITLE INSURANCE POLICY AMOUNT PREMIUM $17,000 $18,000 $19,000 $20.000 $21,000 $22,000 $23,000 $24,000 $25,000 $26.000 $27,000 $28,000 $29,000 $30,000 $31,000 $32,000 $33,000 $34,000 $35,000 $36,000 $37,000 $38,000 $39,000 $40,000 $100.00 $103.50 $109.25 $115.00 $120.75 $126.50 $132.25 $138.00 $143.75 $149.50 $155.25 $161.00 $166.75 $172.50 $178.25 $184.00 $189.75 $195.50 $201.25 $207.00 $212.75 $218.50 $224.25 $230.00 PLUS THE FOLLOWING FEES: TITLE SEARCH AND TITLE EXAMINATION FEE A TIORNEY FEE POLICY AMOUNT $41.000 $42,000 $43,000 $44,000 $45,000 $46,000 $47,000 $48,000 $49.000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,000 $125.00 $500.00 FOR CLOSINGS BE1WEEN $100,000 AND $1,000,000, TITLE INSURANCE PREMIUMS ARE BASED ON $5.00 PER $1,000. PREMIUM' $235.75 $241.50 $247.25 $253.00 $258.75 $264.50 $270.25 $276.00 $281.75 $287.50 $345.00 $402.50 $460.00 $517.50 $575.00 Mayor Murphy ORDINANCE NO. 010 - 2010 AN ORDINANCE AMENDING MONROE COUNTY CODE CHAPTER 2, ING FOR PRO OF RECEIPf OF A ON OR FOR A TlON RECO ROVED BY A PUBUC OFI'ICER'S BOARD OR A EMPLOYEE'S AGENCY; PROVIDING FOR SEV ING FOR THE REPEAL OF ALL ORDINANCES TB; PROVIDING FOR INCORPORATION INTO THE M COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECrlVE DATE. WHEREAS, it is in the public interest to ensure honest services m County government; and WHEREAS, it is desirable to avoid any impediment to the full and faithful discharge of the duties of public officers and employees where the officer or employee is in a position to receive c:ompensation related to a County transaction which will come before that officer or employee in his official capacity; and WHEREAS, it has become apparent that there are indirect relationships whereby an officer or employee may derive a financial benefit from a transaction approved or recommended by his board or department, and not be in violation of Section 112.313(5), Fla. Stat., which prohibits public officers and employees from accepting other employment which creates "a conflict between his private interests and the performance of his public duties, or will impede the full and faithful discharge of his public duties;" and WHEREAS, Commission on Ethics Opinion 80-15 advises against realtors sitting on a public real estate acquisition committee due to the potential for violation of Sec. 112.313(6), F. S., relating to misuse of public position, and (7)(a), if private employment would impe~de the full and faithful discharge of public duties; and WHEREAS, the receipt of any type of compensation as a result of any action by the BOCC, regardless of how indirectly the route may be through which the official or employee 14~ceives that compensation, has the potential for raising distrust of the public in governmental operations; and WHEREAS, it is expected that the elimination of a commission in a transaction could reduce the cost of that transaction to the County; and Prohibit Conunission or other Compo 1 Mayor Murphy WHEREAS, it is deemed in the interest of an open and transparent government which instills the public trust to extend the ethical constraints on public officers and employees bl~yond the parameters of state statutes on the matter; and WHEREAS, it is not deemed necessary to be so restrictive as to preclude from sitting on advisory boards people who have a general interest in the subject matter due to their business or employment and who would abstain from discussion and voting on certain matters pursuant to the State ethics laws and would only benefit in the sense that the whole COmnTllnity or industry benefits from the actions or recommendations of their board; RE BE IT ORDAINED BY THE BOARD OF COUNTY KS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 2-429, Monroe County Code, is hereby created to read: 2~429. RECEIPT OF COMPENSATION BY PUBLIC OFFICER OR EMPLOYEE PROHIBITED. (a) It is prohibited for any public officer or employee, whether serving as County officers or employees or as public officers or employees of other governmental entities to receive a commission or any other compensation for a transaction recon.u:nended or approved by the governmental board upon which the public ofticer sits or the agency by which the public employee is employed. (1) This prohibition does not extend to situations where a public ofticer or employee receives a benefit from the generation of business that benefits all businesses similarly situated to that owned or employing the public officer or employee, but applies only to commissions or compensation that is particular to the officer or employee. (2) An attorney employed or on retainer by any local governmental entity in Monroe County and contracted to provide services to Monroe County or any agency thereof may be exempted by the terms of his contract, as approved by the Board of County Commissioners, from the provisions of this ordinance. (b) The board of county commissioners may void any action or contract entered into in connection with a matter where it is determined that this section has been violated. SECfION :Z. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not aftect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shan be held to be iooppJicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or Circumsta.ncclS. Prohibit Commission or other Compo 2 Mayor Murphy SECTION 3. CONFLICT WITH OTHER. ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the code. SECTION 5. Ef;'J:ll~CTIVE DATE. This Ordinance shall take effect on MAR 1 7 ZO~O provided that this Ordinance shall be filed with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of Barch , 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Mario DiGennaro . issioner George Neugent 'onerKim Wigington Yes Yes I!lot Present bs Yes BOARD OF COUNTY COMMISSIONERS :~~ yor/Chairperson ~ ~ Q ..~ <..:> - ~ ~ 0::: o Li- o l.LJ :::: lL. C) (I? a: ;! C\::) ~ f.S >. n;~ t>..l ...,...I.l.J,.;:, ......_J,,,<. Z (..) Z < C) Q :c " UTTON COU':?4":"\'T~fO' EV D,'ltG _..."", L ..,;2 <'/.1'..<,. Prohibit Commission or other Compo 3