HomeMy WebLinkAboutQ. County Attorney
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18.2010
Division:
County Attornev
Bulk Item: Yes .X-
No
Department: County Attornev
Staff Contact PersonlPhone #: Christine Limbert-Barrows
AGENDA ITEM WORDING: Approval to execute two (2) stormwater utility easements over the
abandoned portion of First Avenue to allow access for the maintenance and eventual reconstruction of
our storm water management system.
ITEM BACKGROUND: The Board of County Commissioners on November 1, 2006 abandoned a
portion of First Avenue on Stock Island. When the Board abandoned First Avenue, it did so with the
intent to retain easements adequate for maintenance and eventual reconstruction of the County's
Stormwater system. The easements were never executed and in order for the County to maintain the
storm water system and to fulfill the intention of the parties at the time of the road abandonment said
easements should be executed and filed in the Official Records of Monroe County.
PREVIOUS RELEVANT BOCC ACTION: On November 1, 2006, the Board renounced and
disclaimed any right to a portion of First Avenue pursuant to Resolution No. 518-2006, subject to
stormwater easements. First Avenue was previously closed to public access pursuant to Resolution No.
279-1988.
CONTRACT/AGREEMENT CHANGES: The storm water utility easements will allow the County
the necessary access to maintain the stormwater management system. The easements are between
Monroe County and Boyd's Campground LTD and Eadeh Bush Company LLC the adjoining property
owners.
STAFF RECOMMENDATIONS: Execute the easements to allow staff the legal right to maintain the
storm water system as needed.
TOTAL COST: $ 71 to record
INDIRECT COST: Nt A BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: NtA
COST TO COUNTY: $ 71
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ---X- OMBlPurchasing _ Risk Management _
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM # 0-2
* REVISED AGENDA ITEM WORDING *
Revised 7/09
This instrument was prepared by
Or under the direction of,
Christine Limbert-Barrows, Esq.
FBN 0690783
Office of County Attorney
P.O. Box 1026
Key West, FL 33041-1026
STORMW ATER UTILITY EASEMENT
THIS STORMW ATER UTILITY EASElVIENT is made this2 ~~ay of
Vi./;: , 2010, by and between Daniel Hamiltol" Boyd's Campground L TD, Grantor,
wh e address is 6401 Maloney Avenue, Key West, FL 33040, to Board of County
Commissioners of Monroe County, Florida, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of property known as Boyd's Campground in Key
West, Florida (Parcel ID: 00125670-000000); and
WHEREAS, the Board of County Commissioners of Monroe County, Florida on or
about November 1st, 2006 by Resolution No. 518-2006 renounced and disclaimed any
right of the County and the Public in and to a portion of First A venue, Stock Island, as
recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida
(described below in Exhibit "A" attached hereto and made a part hereof) and which was
previously closed to Public Access pursuant to Resolution No. 279-1988; and
WHEREAS, when the Board of County Commissioners abandoned the end of First
A venue, it did so with the intent to retain an easement adequate for maintenance and
eventual reconstruction of the County's stormwater management system; and
WHEREAS, it is necessary for grantee to maintain an easement over the abandoned
portion of First Avenue for the purposes of conducting routine maintenance on our
stormwater management system; and
NOW THEREFORE, in consideration of the mutual covenants and obligations
contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree that the Grantor does
grant to Grantee, its agents, its successors and assigns, a perpetual and non-exclusive
easement of 30 feet in width, the centerline of which is the centerline of the stOlmwater
drainage line located under First Avenue, and running from east to west under the
abandoned portion of First A venue, more particularly described in Exhibit "A", to the
outfall structure located at the shoreline. The easement over and across the abandoned
portion of First A venue is for the purpose of adequate maintenance and eventual
reconstruction of our stormwater management system this includes limited ingress and
egress within said described property, and providing Grantee the right to construct, alter,
and repair the stormwater drainage system as needed, conditioned upon the Grantee
restoring any of the Grantor's property disturbed in the construction, alteration, repair and
maintenance of said stormwater management system to its original state and Grantee
holding Grantor harmless for the acts and omissions of its officers, employees, agents and
contractors, and upon the representation that Grantee is a state governmental agency as
defined by Florida Statutes and shall maintain suitable Public Liability insurance or be
self-insured, in amounts adequate to respond to any and all claims within the limitations
of Florida Statute 768.28 arising out of the activities authorized in this easement. No
structures or fences should be constructed within the easement restricting access to the
pipeline, drain line or stormwater management system.
Subject to any other easements and restrictions of record
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
in its name by Daniel Hamilton, the day and year first stated above.
WITNESSES SIGNATURE
~/~
Witness
PTin~~f~~le!1d!;j
BOYD'S CAMPGROUND LTD
DANIEL HAMILTON
ATURE
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, tbe undersigned authority, personally appeared j);,""'ie / ~; I ~#
who i~sonally know to ~ or has produced as '
identification.
Sworn and subscribed before me this 2 ?:!1day of ~ J..../ ,2010
//J1d /d?-~ (notarts:1l
Notary Signature tlIfuLl~-&1it\UOt FWRWA
JI "1 I "'7, I "l./ Cflrol L. Rog~ _ __
My Commission expires:." t7V..... ~J!Jt. CommissiontlDD82UMl
^ . ExpIres: NOVo 2t.2D1I
!ffDl!1 AfI.,lIm': !l(JJi:OtNQct\lR
IN WITNESS WHEREOF, the grantee has caused these presents to be executed in its
name by its Board of County Commissioners of Monroe County, Florida, acting by its
Mayor or Vice-Mayor, this _ day of ,2010.
OFFICIAL SEAL
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor
~
'.
EXffiBIT A
PARCEL 1: A parcel of land on Stock Island being a portion of the N'ly Y2 of First
A venue, lying between the E'ly right of way line of First Street and the original shoreline
of Boca Chica Chmmel, also lying between Blocks 33 and 44, as shown on George
McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55 of the Public
Records of Momoe County, Florida, said parcel being more particularly described by
metes and bounds as follows:
COMMENCE at the SW'ly corner of the said Block 33, said point also being the
N'ly right of way line of First Avenue and the E'ly right of way of First Street and run
thence E'ly along the N'ly right of way line of the said First Avenue for a distance of
24.00 feet to a point, said point being the Point of Beginning; thence S'ly and at right
angles for a distance of 30.00 feet to the centerline of the said First Avenue; thence E'ly
and at right angles along the centerline of the said First A venue for a distance of 235.00
feet to the original shoreline of Boca Chica Channel as shown on said Plat; thence N'ly
with a deflection angle of 104046' 15" to the left and along the original shoreline of Boca
Chica Channel as shown on said Plat for a distance of 20.5 feet, more or less, to the
apparent Mean High Water Line of the said Boca Chica Channel; thence meander W'ly
and NW'ly along the apparent Mean High Water Line of the said Boca Chica Channel for
a distance of 64 feet, more or less, to the N'ly right of way line of the said First Avenue;
thence W'ly and along the N'ly right of way line of said First Avenue for a distance of
167 feet, more or less, back to the Point of Beginning.
PARCEL 2: A parcel of land on Stock Island being a portion of the S'ly Yz of First
Avenue, lying between the E'ly right of way line of First Street and the original shoreline
of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George
McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55 of the Public
Records of Momoe County, Florida, said parcel being more particularly described by
metes and bounds as follows:
COMMENCE at the NW'ly corner of the said Block 44, said point also being the
S'ly right of way line of First Avenue and the E'ly right of way line of First Street and
run thence E'ly along the S'ly right of way line of the said First Avenue for a distance of
32.00 feet to B point, said point being the Point of Beginning; thence N'ly and at right
angles for a distance of 17.50 feet; thence W'ly and at right angles for a distance of 8.00
feet; thence N'ly and at right angles for a distance of 12.50 feet to the centerline of said
First Avenue; thence E'ly and at right angles along the centerline of the said First Avenue
for a distance of 235.00 feet to the originally shoreline of Boca Chica Channel as shown
on said Plat; thence S'ly with a deflection angle of75013'45" to the right and along the
original shoreline of Boca Chica Channel as shown on said Plat for a distance 31.03 feet
to the S'ly right of way line of the said first Avenue; thence W'ly with a deflection angle
104046' 15" to the right and along the S'ly right of way line of the said First Avenue for a
distance of 234.90 feet back to the Point of Beginning.
This instrument was preparcd by
Or under the direction of.
Christine Limbert-Barrows, Esq.
FBN 0690783
Officc of County Attorney
P.O. Box 1026
Key West, FL 33041-1026
STORMW ATER UTILITY EASEMENT
THIS STORMWATER UTILITY EASEMENT is made this _ day of
,2010, by and between Bush Sneed, Eadeh Bush Company LLC, Grantor,
whose address is 12 Driftwood Drive, Key West, FL 33040 and owns property located at
6325 First Street, Key West, FL 33040, to Board of County Commissioners of Monroe
County, Florida, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of property located at 6325 First Street in Key
West, Florida (Parcel ill: 00124550-000100); and
WHEREAS, the Board of County Commissioners of Monroe County, Florida on or
about November 1st, 2006 by Resolution No. 518-2006 renounced and disclaimed any
right of the County and the Public in and to a potion of First A venue, Stock Island, as
recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida
(described below in Exhibit "A" attached hereto and made a part hereof) and which was
previously closed to Public Access pursuant to Resolution No. 279-1988; and
WHEREAS, when the Board of County Commissioners abandoned the end of First
A venue, it did so with the intent to retain an easement adequate for maintenance and
eventual reconstruction of the County's stormwater management system; and
WHEREAS, it is necessary for grantee to maintain an easement over the abandoned
portion of First A venue for the purposes of conducting routine maintenance on our
stormwater management system; and
NOW THEREFORE, in consideration of the mutual covenants and obligations
contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree that the Grantor does
grant to Grantee, its agents, its successors and assigns, a perpetual and non-exclusive
easement of 30 feet in width, the centerline of which is the centerline of the stormwater
drainage line located under First A venue, and running east under the abandoned portion
of First A venue from the western boundary of the abandoned portion of First Avenue,
more particularly described in Exhibit "A", to the outfall structure located at the
shoreline. The abandoned portion of First A venue is more particularly described in
Exhibit "A". The easement over and across the abandoned portion of First A venue is for
the purpose of adequate maintenance and eventual reconstruction of our storm water
management system this includes limited ingress and egress within said described
property, and providing Grantee the right to construct, alter, and repair the stormwater
drainage system as needed, conditioned upon the Grantee restoring any of the Grantor's
property disturbed in the construction, alteration, repair and maintenance of said
stormwater management system to its original state and Grantee holding Grantor
harmless for the acts and omissions of its officers, employees, agents and contractors, and
upon the representation that Grantee is a state governmental agency as defined by Florida
Statutes and shall maintain suitable Public Liability insurance or be self-insured, in
amounts adequate to respond to any and all claims within the limitations of Florida
Statute 768.28 arising out of the activities authorized in this easement. No structures or
fences should be constructed within the easement restricting access to the pipeline, drain
line or stormwater management system.
Subject to easements and restrictions of record
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
in its name by Bush Sneed, the day and year first stated above.
WITNESSES SIGNATURE
EADEH BUSH COMPANY LLC
BUSH SNEED
Sl~~
---
Bush Sneed
C~P?d$~cu?W
(l;e"
~/J'u/i }1aI7QSCO
P . ted Name of Witness
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority, personally appearedtlJ$'k S l\.ed
who is personally know to me, or has produced as
identification. -
Sworn and subscribed before me this
/--~~--
.--- ~
Notary Signature
..>>
-- -
:t ')., day of J \h\.rL
,2010
(notary seal)
NOTARY PUElle-STATE OF FLORIDA
~"""""" Kenneth H. Schultz
~ W kommission #DD665907
....~./ Expires: JUNE 08, 2011
BONDED TIlRU AT1..M"fIC BONDING CO., INe.
My Commission expires: :r(f~'b, ~ot 1
IN WITNESS WHEREOF, the grantee has caused these presents to be executed in its
name by its Board of County Commissioners of Monroe County, Florida, acting by its
Mayor or Vice-Mayor, this day of ,2010.
OFFICIAL SEAL
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor
EXHIBIT A
PARCEL 1: A parcel of land on Stock Island being a portion of the N'ly Yz of First
Avenue, lying between the E'ly right of way line of First Street and the original shoreline
of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George
McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55 of the Public
Records of Mom-oe County, Florida, said parcel being more particularly described by
metes and bounds as follows:
COMMENCE at the SW'ly corner of the said Block 33, said point also being the
N'ly right of way line of First A venue and the E'ly right of way of First Street and run
thence E'ly along the N'ly right of way line of the said First Avenue for a distance of
24.00 feet to a point, said point being the Point of Beginning; thence S'ly and at right
angles for a distance of 30.00 feet to the centerline of the said First Avenue; thence E'ly
and at right angles along the centerline of the said First Avenue for a distance of 235.00
feet to the original shoreline of Boca Chica Channel as shown on said Plat; thence N' I Y
with a deflection angle of 104046' 15" to the left and along the original shoreline of Boca
Chica Channel as shown on said Plat for a distance of 20.5 feet, more or less, to the
apparent Mean High Water Line of the said Boca Chic a Channel; thence meander W'ly
and NW'ly along the apparent Mean High Water Line of the said Boca Chica Chmmel for
a distance of 64 feet, more or less, to the N' ly right of way line of the said First A venue;
thence W'ly and along the N'ly right of way line of said First Avenue for a distance of
167 feet, more or less, back to the Point of Beginning.
PARCEL 2: A parcel of land on Stock Island being a portion of the S'ly Yz of First
Avenue, lying between the E' ly right of way line of First Street and the original shoreline
of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George
McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55 of the Public
Records of Monroe County, Florida, said parcel being more particularly described by
metes and bounds as follows:
COMMENCE at the NW'ly comer of the said Block 44, said point also being the
S'ly right of way line of First Avenue and the E'ly right of way line of First Street and
run thence E'ly along the S'ly right of way line of the said First Avenue for a distance of
32.00 feet to B point, said point being the Point of Beginning; thence N'ly and at right
angles for a distance of 17.50 feet; thence W'ly and at right angles for a distance of 8.00
feet; thence N'ly and at right angles for a distance of 12.50 feet to the centerline of said
First Avenue; thence E'ly and at right angles along the centerline of the said First Avenue
for a distance of 235.00 feet to the originally shoreline of Boca Chica Channel as shown
on said Plat; thence S'ly with a deflection angle of 75013'45" to the right and along the
original shoreline of Boca Chica Channel as shown on said Plat for a distance 31.03 feet
to the S'ly right of way line of the said first Avenue; thence W'ly with a deflection angle
104046' 15" to the right and along the S 'ly right of way line of the said First Avenue for a
distance of 234.90 feet back to the Point of Beginning.
Petitioner Boyd's Campground, lJ.d.
RESOLUTION NO. 518 - 2006
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, RENOUNCING AND DISCLAIMING ANY RIGHT
OF THE COUNTY AND THE PUBLIC IN AND TO A PORTION OF
FIRST AVENUE, STOCK ISLAND, AS RECORDED IN PLAT BOOK 1,
AT PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA AND WIDCH WAS PREVIOUSLY CLOSED TO PUBLIC
ACCESS PURSUANT TO RESOLUTION NO. 279-1988.
WHEREAS. the Board of County Commissioners of Monroe County" Florida, desires to
renounce and disclaim any right of the County and the public in and to the hereinafter described
streets, alley-ways, roads or highways, and
WHEREAS, due notice has been published and a public hearing has been held in
accordance with Chapter 336, Florida Statutes, and
WHEREAS, at said public hearing the Board considered the argument of all parties
present wishing to speak on the matter, and all premises considered concerning the renouncing
and disclaiming of any right of the County and the public in and to the hereinafter described
streets, alley-ways, roads or highways as delineated on the hereinafter described map or plat, and
WHEREAS, the Board has detennined that vacation of the said road is for the general
public welfare, and conforms to the requirement of Fla. Stat. Sees. 336.09 and 336.10; now,
therefore.
BE IT RESOLVED THAT THE BOARD OF COUNTY CO:MMISSIONERS OF
MONROE COUNTY, FLORIDA, hereby renounces and disclaims any right of the County and
tbe public in and to the following described streets; alley-ways, roads or highways as delineated
on the hereinafter described map or plat, to.wit:
PARCEL 1: A parcel of land on Stock Island being a portion of the N'ly 1/2 of
First A venue, lying between the E'ly right of way line of First Street and the
original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44,
as shown on George McDonald's Plat of Stock Island, as recorded in Plat Book 1.
at Page 55 of the Public Records of Monroe County, Florida. said parcel being
more particularly described by metes and bounds as follows:
COMMENCE at the SW'ly corner of the said Block 33, said point also
being the N'1y right of w~ line of First Avenue and the E'Jy right of way line of
First Street and nm thence E'ly along the N'ly right of w~ line of the said First
Avenue for a distance of 24.00 feet to a point, said point being the Point of
Begirming.- thence Sly and at right angles for a distance of 30.00 feet to the
centerline of the said First Avenue; thence E'ly and at right angles along the
centerline of the said First Avenue for a distance of 235.00 feet to the original
shoreline of Boca Chico Channel as shown on said Plat; thence N'ly with a
deflection angle of 104046'15" to the left and along the original shoreline of Boca
Chica Channel as shown on said Plat for a distance of 20.5 feet. 11Wre or less, to
the apparent Mean High Water Line of the said Boca Chico Channel,- thence
meander W'ly and NWly along the apparent Mean High Water Line of the said
Boca Chica Channel for a distance of 64 feet, more or less, to the N'fy right of
way line of the said First A venue; thence W'/y and along the N'ly right of way line
of the said First Avenue for a distance of 167 feet, more or less, back to the Point
of Beginning.
PARCEL 2; A parcel of land on Stock Island being a portion of the S'ly
1/2 of First Avenue, lying between the E'1y right of way line of First Street and the
original sJwreline of Boca Chica Channel, a/so lying between Blocks 33 and 44.
as shown un George McDonald's Plat of Stock Island. as recorded in Plat Book 1,
at Page 55 of the Public Records of Monroe County, Florida, said parcel being
more particularly described by metes and bounds as follows;
COMMENCE at the NWIy comer of the said Block 44, said point also
being tile S'ly right of way line of First Avenue and the E'ly right of way line of
First Street and rnn thence E'ly along the S'ly right of way line of the said First
A venue for a distance of 32.00 feet to B point, said point being the Point of
Beginning; thence N'ly and at right angles for a distance of 17.50 feet; thence
wry and at right angles for a distance of 8.00 feet; thence N'ly and at right
angles for a distance of 12.50 feet to the centerline of the said First Averme;
thence E'!y and at right angles along the centerline of the said First A venue for a
distance of 235.00 feet to the original shoreline of Boca Chica Channel as shown
on said Plat; thence Sly with a deflection angle of 750 13f45" to the right and
along the original shoreline of Boca Chica Channel as shown on said Plat for a
distance of 31. 03 feet to the S'ly right of way line of the said First A venue; thence
W'lywithadej1ectionangle 104046'15" to the right and along the S'ly right of
way line of the said First Avenue for a distance of 234.90 feet back to the Point of
Beginning. ~ g '"11
~ ~ 3. r=
PASSED AND ADOPTED by the Board of County Commissioners of Monroe C~o.~ a
at a special meeting of the Board on the 1st day of November. 2006. r-r1~-< . '1
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BOARD OF COUNTY COMMISSIONERS
OF MONROE CO , FLORIDA
-Deputy Clerk
By
II nny" McCoy
(KMP:RAP: FIRST AVE, STOCK ISlAND 111 06)
Oat.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18. 2010
Department: County Attorney
Bulk Item: Yes .X- No
Staff Contact : Susan Grimsley #3477
AGENDA ITEM WORDING: Approval to initiate legal action against Magnolia 101, LLC, and any
other corporations, entities or individuals having an interest in the property or the business located on
Lot 20 and Blocks/Squares 1,4 and 5, Ocean Acres Subdivision, Key Largo and the adjacent rights-of-
way as applicable, for injunctive and other relief to enforce the County Code, minor conditional use
development order 2-02, the conservation easement on Lot 20, Ocean Acres Subdivision, Key Largo,
running in favor of Monroe County, and any other action deemed appropriate by the County Attorney.
ITEM BACKGROUND: All County Recycling, Inc. received a minor conditional use in 2002 for
construction of a building of aI, 104 square foot building to be used as a waste separation facility. One
of the conditions was an execution of a conservation easement, which was originally completed and
signed in 2004. A corrective easement was completed and signed in 2009 by the current owner,
Magnolia 101, LLC. The conservation easement has been violated, and the vegetation has been
destroyed and is the site of dumping by the owner. Additionally, the use has intensified beyond
recycling, and has expanded into the hammock area since the use was permitted. The violation of the
easement, the destruction of the hammock and the dumping has increased significantly between May
and July of this year when staff was on site. If expansion or increase in intensity of use continues, this
poses a continued environmental threat. Additionally, as of July 14, 2010, County right-of-way is being
used for storage.
The property owner has previously been cited by code enforcement and the County is owed outstanding
costs and fines. The County also has filed a lien against the property.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval
TOTAL COST: @ $600
INDIRECT COST:
BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County At~MBlPurchasing _ Risk Management
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
Revised 7/09
AGENDA ITEM #
Doctl 1;~484 01/06/2009 2: 04Pl'1
F!led & Re~ord.d in Orftc!al Records of
MONROE COUNTY DANNY L. KOLHAGE
Docll 1723484
Bkll 2394 PglI 228J
Return to:
Monroe County
Growth Management Division
2798 Overseas Highway
Marathon. Florida 33050
Prepared by:
No Stress Property Management, Inc.
144 Apache Street
Tavernier, FL 33070
-_h______hn_n_n__________ Space Above This Line For Recording __._mm_____m.m__.om__m________
MONROE COUNTY. FLORIDA
CORRECTIVE GRANT OF CONSERVATION EASEMENT
This corrective Grant of Conservation Easement is being recorded to correct the Grant of
Conservation Easement filed at Book 1972 Page 1096, in order to reflect the conditions in the
minor conditional use Development Order 2-02 issued by Monroe County on April 22, 2002
tiled at Book 1790 Page 1379.
This Conservation Easement is Granted this ~ay of 20 d by
Magnolia I 01, LLC, whose address is 10 I Magnolia Street, Key Largo, Flori 33037 in the
County of Monroe and the State of Florida (Grantor), to Monroe County, a political subdivision
of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040,
(Grantee).
Grantor declares and grants as follows:
1. Background Information
A. Grantor is the successor in interest to the above~referenced Development Order
and is the fee simple title holder of certain real property with a street address of
10] Magnolia Street, Key Largo, Florida 33037, and with a Monroe County Real
Estate Number of RE# 00454520-000000 (Ocean Acres, Key Largo, Lot 20), the
servient estate, and which is shown on Exhibit A.
B. The consent of all mortgagee(s) of the servient estate is attached as Exhibit _J.
]f no consent is attached hereto, Grantor certifies to Grantee that no mortgage
exists.
C. Grantor desires to develop the servient estate as a waste processing facility.
D. The servient estate contains High Elevation Tropical Hardwood Hammock and
Restored Hammock Areas.
Page] of6
GOCEA Rev'~, 1,00
Prepared by:
C)......"..".
.!.:::","'j,'
::",::;:{f'
Doc:1I 11215484
Bk~ 2394 PglI 2284
E. Grantee is a general purpose political subdivision of the State and is authorized to
regulate and control the use of real property through Land Development
Regulations (LDRs) in order to protect the public health, safety and welfare of its
citizens.
F. Section 9.5-337 (2006 edition) of Grantee's LDRs requires that certain areas of
the servient estate be retained as open space and preserved in their natural
condition.
2. Grant of Easement
Grantor grants to Grantee the easement shown on Exhibit A.
3. Character of the Easement
This easement is a conservation easement, which, as defined by Section 704.06 of
the Florida Statutes, is a right or interest in real property which is appropriate to
retaining land or water areas predominantly in their natural, scenic, open,
agricultural or wooded condition; retaining such areas as suitable habitat for fish,
plants or wildlife; retaining the structural integrity or physical appearance of sites
or properties of historical, architectural, archeological or cultural significance; or
maintaining existing land uses.
4. Location and Description of the Easement
A. This easement is located on the servient estate as described above.
B. This easement is shown in the diagram attached to this instrument as
Exhibit A and by reference made a part hereof.
5. Law Governing tbe Easement and Enforcement Thereof
This easement is governed by Section 704.06 of the Florida Statutes, or the
equivalent Florida Statute governing conservation easements, and is to be
construed and enforced in accordance with that statute and in accordance with the
laws of the State of Florida and the Grantee's LDRs.
6. Restrictions Imposed by the Easement
By these presents Grantor imposes and will impose the following restrictions on
the use of the servient estate within the easement area:
A. No construction or placing of buildings, roads, signs, billboards or other
advertising, utilities or other structures on or above the ground.
GOCEA - Rev. 8.1:06
Prcpar~'t:! hy:
Page 2 of6
(>j)<<'<<'<
. -.:-/c'}
':X:{d
Dod 172!5484
Bka 2394 Pga 2285
B. No 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. No removal, trimming or pruning of trees, shrubs or vegetation except for
such removal, trimming or pruning which Grantee's biologist has
authorized in writing.
D. No excavation, dredging or removal of loam, peat gravel, soil, rock or
other material substances in such a manner as to affect the surface of the
easement area.
E. No surface use except for purposes that permit the land or water area to
remain predominantly in its natural condition.
F. No activities detrimental to drainage, flood control, water conservation,
erosion control or soil conservation or fish and wildlife habitat
preservation.
G. No acts or uses detrimental to such retention of land or water areas.
H. No planting of non-native, invasive or exotic plants.
I. No acts or uses detrimental to the preservation of the structural integrity or
physical appearance of sites or properties of historical, architectural,
archeological or cultural significance.
J.
7. Access to the Servient Estate
Grantor will allow Grantee to access and to enter upon the servient estate, with no
less than 24 hours notice, for the purposes of inspection to determine the
Grantor's compliance with this Grant of Easement.
8. Limitation on Liability for Personal Injury or Injury to Property
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 and further Grantor
holds Grantee harmless from the claims of all persons far action, inactions or
activities occurring on the servient estate.
9. Term of Easement
This easement is perpetual and runs with the land.
GOCEA - R"v: 8,H)6
Prepared hy
Page 3 af6
Dad 17215484
Bk~ 2394 Pg~ 2286
10. Persons Bound by Easement
This easement is binding on all present and future owners and mortgagees of the
servient estate.
It. Entirety of Grant of Easement
This Grant of Easement constitutes the entire Grant of Easement from Grantor to
Grantee and any understanding or representation of any kind preceding the date of
this Grant of Easement is not binding on either the Grantor or Grantee except to
the extent it has been incorporated into this Grant of Easement.
12. Modification of Grant of Easement
This Grant of Easement may be modified only by a written modification signed
by an authorized representative of Grantor and Grantee and by any mortgagee(s).
13. Recover of Attorney~s Fees
In the event of any controversy, claim or dispute arising under or as a result of
this Grant of Easement, the prevailing party will be entitled to recover reasonable
attorney's fees and costs.
14. Notice Concerning Grant of Easement
Any notice provided for or concerning this Grant of Easement will be made in
writing and will be sufficiently given when sent by certified or registered mail to
the respective address, as set forth at the beginning of this Grant of Easement, of
Grantor or Grantee.
] 5. Recording of Grant of Easement
This Grant of Easement will be recorded in the Official Records of Monroe
County, Florida and any changes hereto will also be recorded in the Official
Records of Monroe County.
{The remainder of this page has been intentionally Jeft blank.'
Page 4 of6
GOCEA - R~v: H.!06
PreparL'd by>
Docl:t 172!5484
Bkl:t 2394 PgR 2287
.,~~~~
First Witness Signature
In Witness Whereof, Gran~e Conservation Easement above and executes this
instrument this -Li- day of , 20t'~.
G~.~
2
3
Dl:lY/~ ~ ~/Pq
First Witness Printed Name
4
-- .
.. '/(jJe L-lndiJtJd~ 5
Grantor Printed Name
.~; I1UfjIL-s ~~
S1~ 4-c;r~ 7
Grantor ide
kA'M ~~v?
Second Witness Signature
6
~~
Second Witness Printed Name
;d-.-Iq -0/
9
8
Date
State of Florida
County of Monroe
Before me, the undersigned authority, personally appeared ~J.€- MWl 'e.. &~ L.",c1ba<..(c..
and , who are personaJly known to me, or have produced
and Pt..CJ.../4: L{.;3t.Cf~1 <0t-~~'0 , respectively as
identification.
Sworn and subscribed to me this
/q
day of .~
,20~.
Page 5 of6
~L~~~ - ~ctp
Notary Signature and Seal
· e:.....' LAURA~OlL
. 1f "*' PIMc . s.III of FklItda
.' . ~ElqlhIAug2t. 2010
Coa,__. . DO 5827i1
I. IIarldItf ., NIiInl NoeIIy Mn.
LAt.JAM ~!>.. CA-eve-cJ~
Typed Notary Name and Number
GOCEA - Rev: R.I06
Prepared by:
Doc:" 172!5484
Ska 2394 Pglt 2288
MONROE COUNTY't FLORIDA
ACCEPTANCE OF CONSERV A TION EASEMENT
In Witness Whereof, Grantee accepts the Conservation Easement granted above and executes
this instrument the date set forth below.
~~"-:"j
First Witness Signature
Monroe County, Florida
By
J? <>-<jJL 6."-<1 ( tit
First Witness Printed Nam
~
Director of Growth Management (Signature)
~.Jrt'" ~ :T;:.. ....c..-\\.....
Director of Growth Management (Printed Name)
Su 50 ~'V\ ;Vi ,G 'f.lvvJSle 1-9
Second Witness Printed Name I
Ii II 9;{ t3
Date
State of Florida
County of Monroe
Before me, the undersigned authority, personally appeared ,4 A:.IcI~& t....L) 7.e /V€-T7' e:.. ,
who is personally known to me, or has produced as
identification.
Sworn and subscribed to me this
1'1 t6 daYOf~~
,20-L2.f.
T-
and Seal
GOCEA - Rev: 8, 1'06
Prepared by:
Page 6 of6
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ABBRE'MTlONS
PLS. - Prole",o'T<Jll.tmCI ~ Fnd. F_
P.s.Il. - Profeooianol ~ ... ""-" L5. - l-.I ~
R. - Flocord LB. - L.ia:noed ~
C. - ~ O. - Oeod
Fr. - 'Wood fl"a~ PI.. _ .....
Fin.F1r. - finlstl~ noor aiL - ~
(I. - Ele'tation CGne.. - ~
ca - concrete bfoc:k cor. - C:Glf1'III!f"
Bale. - Balcony fP - ~ ~
Fne. - rence A/C - .... ~
It.,.. - ,-.ce eon.s. - c....-
w.<:. - UaqndM> NoiI F.S. - '- _
H.I.5. - noI';n __ 1oL$.. _ _ _
I..P(;T - l;q<rid pet.-olan gas 10000k P.5. _ pInlM: _
U.G.(. - Un<le~ Ele<:trie c.a$.. _ """"'" _
_./M.ll. - -ial,/'llon-_ __ - _
H,S,.E,W - _. Sautll. ~ _ PIt. - ~
P.O.C. - Poinlol ~,_... M... - ri9hI 01 _
PO.B. - Ponl 01 ~ ..f.r. - _ __
P.CJ'. - P"""~"""t eanlnll _ CF.T. - OOI!OC. _ _
P.C.C. - PMI ~I Com.......... o.r.. PF.T. - ,......, _ _
P.Fl.C. - Pool or Rc--.e eun..l1on! nt. - ~ .-
P.C./p.T. - Po;nl or ~I T""'I<""'1 LP. - ~ "'*
P.fl.ll. - ~""""l A<<~ llGn_ G.A. - oa<.- """'-
A.1I.H.WL - ~......I. M_ 'i>I' .... UN'" - -..
@;:(;'.
-:.>~,-""
O,"-"F
. No.1 I PI( _ r.......
& NoiI/PI< _ I.B #695iS wd
. P;p. taund
a P90/CoJ> L.B Ifd!!.a ..I
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UnIna ~ po;nb _ No idonlif"_
SHEET 1 OF 2
00011 172!5484
SkI 2394 Pga 2289
CONSER V A TION EASEMENT DESCRIPTION:
An easeMent for conservation purposes over and Qcross Q
por tion of Lot 20, OCEAN ACRES, Qccording to the Plat thereof,
as recorded in Plo. t Book L 0. t Page 188 of the Public Records
of Monroe County, Florido., said portion being More particularly
described by Metes a.nd bounds 0.5 Follows:
BEGIN 0. t the Northeast corner of said Lot 20, OCEAN ACRES;
thence run on an o'ssuMed bearing of S.00"07'39"'[" along the
Eo.st line of said Lot 20, 0. dista.nce of 200.00 feet to the
Southeo..st corner of so.id Lot 20j thence run S.880l3'21A'W'" along
the South line of said Lot 20, a distance of 138.67 Feet; thence
depo.rt said South line and run N,19"S9'3SI(, a dista.nce of 126.98
feet; thence run N.88"OW23'E., Q distance of 51.88 feet; thence
run N,Ol" 42'311\./" a dis ta.nce of 81.80 fee t to Q pain t in the
North line of said Lot 20; thence run N.8S"13'2l''E, along so.id
North line of Lot 20, 0. distance of 45.36 Feet to the Point of
Beginning.
Contains 17A07 square Feet, More or less.
NOTES:
1. This description was prepared by the undersigned rrOM inforMo. tior'! found in the
public record. and froM inrorMO tion obtained Ioy 0 Iooundary survey of Lot 20,
OCEAN ACRES, by this COMo.pny on 8-3t-05.
2. Per the client's instructions the conservQtion easeMent WQS prepared to
enCOMpass that portion of Lot 20 lying Easterly of the existing chain link rence.
3. The Ioea.r;ngs shown on the sketch on Sheet 2 and appearing in the above
description are on an assuMed datuM, The Ioase of which is the East line or Lot 20.
4. This is a description and sketch of saMe only, rt is not a boundary survey and
should not be used as such.
NOT COMPLETE WITHOUT SHEET ~
DAVIn MASSEY LAND SURVEYING.. INC,
Client: IJrNlbodr.
f. (
P.D. .. tile, T~, n 33070
No. La 89M
kOT \(IU)
'MITHOUT lliE
SlCHAne: tJfO
lMt' ORIGHL.
fW5a) SUL
OF A A.OAlOA
LaNSED SlJRYE'rOR
Nfl) MI\flPER
K.,. t..arvo
. ......, -- .. .. .... .... - ,..,.... ..... .. ....
. TowmhIp S1 South. nan,. J'I EaIt ........... _ II ... ... ..... .. .. _ ., .. ...... ...
....". 1IIIit ..... __ .. .......~w.... ., ~ 114J17 ., 1M ........
"'-- CoIriJ. no.w. ~ . ., 'J ~ ....... ~. ~ ... ....... ........
SIctIon 28
Oratt.ed:
t -oe-oe
r~ No. 111
Dnrwn e,: RIl. ScaM: 1.-W
tlruMn9 Mo. iDM
41~
a la ~ ~
GRAPHIC SCALE
(j)::"'"
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SHEET 2 OF 2
Ood 1725484
BkA 2394 PgA 2290
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MONROE COUNTY
OFFICIAL RECORDS
NOT COMPLETE 'w'ITHOUT SHEET 1.
SEE SHEET 1 FOR ORIGINAL SIGNA lURE AND RAISED SEAL!
DA VID MASSEY LAND SURVEYING, INC.
30S
aklnt: Undbodt
SoctIc)n 28 . TOWMhIp IS' SouOI. -. J8 f'.llIlIt
fWAacdt -. '17
Or.- By. AWL Scale: ,--5(/
Wonn:le
Dtatt.C t--Ql-Ot
DnNint ND. ....
. f10ricIa
Grant of
MONROJS COUNTY
OPfi'ICIAL RJSCOHDS
FILE ~1 423 519
BKlI:1972 PGIf;1095
Conservation
RCD ~eb 04 2004 01:54PM
DANNY L KOLHAGE, CLERK
h
Easement
TIDS AGREEMENT is made this21st day of January
,20 04
by and between
ALL COUNTIES RECYCLING AND WASTE PROCESSING INe.
whose address is 300 Atlantic Drive #6, Key Largo, Florida 33037
County of Monroe
State of Florida, (Grantor) and Momoe County, a political
subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, Key West, FJ 33040
(Grantee).
The parties recite and declare:
The Grantor is the owner of certain real property commonly known as
101 Magnolia Street, Key Largo Florida 33037
(the servient estate), more particularly described as follows: (Legal description) Squares 4 & 20
Ocean Acres, PBl p~. 188 Monroe County Records, RE#00454220-000QQO and
RE# 00454520-000000
The Grantor desires to develop the servient estate as (describe project):
A waste-processing center as shown in pennit #O2-3~3419
The servient estate contains (describe relevant natural features):
High Elevation Tropical Hardwood Hammock and Restored Hammock Areas
The Grantee is a general purpose political subdivision orthe State authorized and required to
regulate and control the use of real property through land development regulations in order to protect the
public health, safety and welfare. Sec. 9.5-336 of the Grantee's land development regulations requires that
ALL COUNTIES RECYCLE
- I -
Document prepared by; Jean Reisinger
88800 Ov~rs~lls Highway
Tavernier, Florida 33070
li'rLEl ~1423519
SKi 1 9 7 2 PG~ 3. 0 9 7
certain areas of the servient estate be retained as open space and preserved in their natural
condition if the servient estate is to be developed as a waste-processing center.
The parties agree as follows:
] . Grant of easement.
In consideration for a development permit for a waste-processing center
and in order to comply with Sec. 9.5-336, Monroe County Code, the Grantor hereby grants to Grantee the
easement described below.
2. Character oillie easement and ~overning law.
This easement is a conservation easement under Sec. 704.06, Fla. Stat. and is to be governed by,
construed and enforced in accordance with that statute and with the applicable laws of the State of Florida.
3. Location of the easement. (metes and bounds description of the open space area)
a. The conservation easement is located as follows
as shown in Exhibit A attached
b. The location of the easement is also described in the diagram attached to this instrument
as Exhibit "A" and, by reference, made a part of as fully and to the same effect as ifset forth in this
instrument in its entirety.
4. Restraints imposed by the Conservation Easement.
The conservation easement granted by this instnunent imposes the following restrictions on the
future use of the servient estate within the easement area:
a. No removal, trimming or pruning of trees, shrubs, or other vegetation (except non-native
vegetation whose removal is authorized by the Grantee's biologist).
b. No acts that are detrimental to wildlife or wildlife habitat preservation.
c. No excavation, dredging, or removal ofloam, peat gravel, soil, rock, or other material
substances is such manner as to affect the surface.
d. No activities detrimental to drainage, flood control, water conservation, erosion control
and soil conservation.
ALL COUNTIES RECYCLE
2
?ILE '1423 5 1 9
BK ~ 1 9 7 2 PG~ 1 0 9 8
e. No dumping or placing of soil or other substance or material as landfill or dumping or
placing of trash. waste, or unsightly or offensive materials.
f. Nc planting crnon-native plants.
5. Te11llS and gersons 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), ifany ,
whose consent is attached hereto, is (are) the only mortgagee(s) having a security interest in the servient
estate.
6. Entire AlITeement.
This agreement constitutes the entire agreement between the parties and any prior understanding
or representation of any kind preceding the date of this agreement is not binding upon either party except to
the extent incorporated in this Agreement.
7. Modification of Agreement
Any modification of this Agreement or additional obligation assumed by either party in
connection with this Agreement is binding only if evidenced in writing and signed by an authorized
representative of each party and by any mortgagee.
8. Attorney's fees,
In the event of any controversy, claim or dispute arising under this instrument, the prevailing party
is entitled to recover reasonable attorney's fees and costs.
9. Entry of Grantee's reoresentative on the servient estate.
The Grantee's representative on the servient estate, after first furnishing the Grantor no less than
24 hours notice for the purposes ofinspection to detennine the Grantor's compliance with this Agreement.
10. Notice.
Any notice provided for or concerning this Agreement 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 Agreement.
ALL COUNTIES RECYCLE
3
~1.4235:1.9
FILE PGll 099
BKjl.l 9 7 2
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above. written.
':,-' t:.
(s~i) '.
ATTEST: D~L.KOLHAGE,CLERK
G.~'~~
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (Grantee)
B~~
Mayorte n
s;J~~
J..e-l/c/o/ !rJ tJ )7l7e'0
,
Printed name of witness
a.- ~ I/J~
S~ature of witness
{/~
Grantor
I1lexander f1.1onfea1UclO
Printed name of Grantor
Grantor
S4RVt5 Os V(U 0
Printed name of witness
Printed name of Grantor
STATE OF FLORIDA
COUNTY OF MONROE
and
BEFORE ME, the undersigned authority, personally appeared
,who are personally known to me, or ha e produced
'})o
F L DL-
and
. respectively
as identification.
Sworn to and subscribed before me this 3
~ 8nI1: J 'MfgI'It
. · hti C~ OD1gf01
~ bell" Juty 21. 200Cl
Typed Notary Name and Number
day of AJ6 V. ,20 03
~-x.k 'its: JtjP
Notary Signature a Seal
ALL COUNTIES RECYCLE 4
MONROE COUNTY ATTOt,NE"I
~;FORM
R N. WOLFE
CH1E~~?W..r~'NEY
Date .. - -'
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BKi1.972 PG#1.100
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LEGAL DESCRIPTION:
LOT4 & LOT 20, OCEAN ACRES PB I PAGE 188
AS PER PUBLIC RECORDS OF MONROE COUNTY, FL
MONR08 COUNTY
OFFICI1U RECORDS
ZONING: MIXED SC & SR
ADDRESS: 101 MAGNOLIA STREET, KEY LARGO, FLORIDA 33037
RE~ :#oo'l>'!/'Jd-. 0 - DOOOOO.J R.e:k tJo'l.rl/_~~o~ 000000
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MONROS COUNTY
OFFICIAL REcoaos
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FIL~ il 3 05 054
BK~1790 PG*1377
Reo Jun 07 2002 09:37AM
DANNY L KOLBAGE, CL&RK
MONROE COUNTY, FLORIDA
MINOR CONDITIONAL USE DEVELOPMENT ORDER 2-02
A DEVELOPMENT ORDER CONDITIONALLY
APPROVING THE REQUEST BY ALL COUNTIES
RECYCLING, INC. FOR A MINOR CONDITIONAL
USE FOR CONSTRUCTION OF A 1,104 SQUARE
FOOT STRUCTURE TO BE USED AS A WASTE
SEPARATION FACILITY, CONSISTING OF THE
PROPERTY KNOWN AS LOT 20, OCEAN ACRES
SUBDIVISION, KEY LARGO, MONROE COUNTY
FLORIDA, MILE MARKER 100. THE LAND USE
DESIGNATIONS ARE SUBURBAN RESIDENTIAL
(SR) AND SUBURBAN COMMERCIAL (SC) AND
THE REAL EST ATE NUMBER IS 00454520.000000.
WHEREAS, All Counties, Inc. is the owner of real property described as lot 20,
Ocean Acres Subdivision, Key Largo, Monroe County Florida; and
WHEREAS, the above described property is located in the Suburban Residential
(SR) and Suburban Commercial (SC) land use districts; and
WHEREAS, the Development Review Committee (DRe) of Monroe County,
Florida, in accordance with the provisions of Sections 9.5.24 and 9.6-68 of the Monroe
County Land Development Regulations, met to review the request of All Counties, Inc
for approval of a Minor Conditional Use on April 16, 2002; and
WHEREAS, the Development Review Committee reviewed the following
information relevant to the request for a Minor Conditional Use:
1. Signed survey dated January 15, 2001 prepared by David S. Massey, Professional
Land Surveyor; and
2. Site Plan prepared and sealed February 12, 2002 prepared by Wayne M. Grierson,
P.E. ; and
Page 1 of4
W :\Plan\Plancoord\worJdold\Chambers-Judy\PCDRC\ResosDO\D02-02. doc
Initials ~
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3. Interior renovations and elevations prepared and sealed July 18, 2001 by Wayne M.
Grierson. P.E.; and
4. Vegetation survey dated February 12. 2002 prepared by Karen Sunderland Strobel,
Environmental Consultant; and
5. The staff report prepared by Jeff Stuncard, Sernor Planner and Niko Reisinger,
Biologist, dated April 9, 2002; and
6. Comments made by members ofthe Development Review Committee; and
7, Comments made by the applicant and the applicant's agent; and
WHEREAS, the Development Review Committee adopted the following
findings of fact and conclusions oflaw:
1. We find that the applicant has not obtained an access permit from Monroe County for
Magnolia Street. Therefore, we conclude that the project is not in compliance with
Section 9.5-421 ofthe Monroe County Code; and
2. We fmd the proposed restoration planting plan for all areas of hammock not within
the SC zoned parcel must be completed. fenced, and a Grant of Conservation
Easement Agreement placed on this area. Therefore, we conclude that compliance
has not been determined with regard to Section 9.5-344 of the Monroe County Code;
and
3. We find that the water management plan has not been approved by the County
Engineer. Therefore, we conclude that the project is not in compliance with Section
9.5-344 of the Monroe County Code; and
4. We find that a modification reducing the front setback to ten (10) feet will need to be
approved by the Director of Planning; and
WHEREAS, the Development Review Committee, based on its findings of fact and
conclusions of law, recommended approval with conditions of the application for Minor
Conditional Use approval submitted by All Counties, me. to the Director of Planning;
and
WHEREAS, the Director ofP1anning has duly considered the recommendation of the
Development Review Committee; and
WHEREAS, the record established, the testimonies offered, and the evidence
submitted, support the findings of fact adopted by the Development Review Committee;
Page 2 of4
W :\Plan\Plancoord\workfold\Chambers-Judy\PCDRC\ResosDO\D02*02.doc
Initials~
WIL8 #1 305 054
BK# 1 7 9 0 PG# 1 3 7 9
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that:
The application for a Minor Conditional Use submitted by All Counties) Inc. for
construction of aI, 104 square foot structure on property described as lot 20, Ocean Acres
Subdivision, Key Largo, Monroe County Florida, is hereby APPROVED with the
following conditions:
1. The applicant shall obtain a county access permit for Magnolia Street prior to the
issuance of a building permit; and
2. The proposed restoration planting plan for all areas of hammock not within the SC
zoned parcel must be completed, fenced, and a Grant of Conservation Easement
Agreement shall be placed on this area prior to the issuance of a Certificate of
Occupancy; and
3. The water management plan shall be approved by the County Engineer prior to the
issuance of a building permit; and
4. A modification reducing the front setback to ten (10) feet shall be approved by the
Director of Planning Prior to the issuance of a building permit.
Date ~;1 4100 ,;l-
:r.~~
K. Marlene Conaway, Dire r ofPlarnllng
I HEREBY CERTIFY that on this day before me, an officer duly authorized in
the State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared K. Marlene Conaway, known to me to be the person described in and who
executed the foregoing instrument and she acknowledged before me that she executed the
same.
"
~ A WITNE~d official seal in
~ day of , 2002.
A
REFERENCE: In the event that this development order constitutes an amendment,
extension, variation, or alteration of a previous conditional use permit, that document
may be referenced by the following N/ A
Page 3 of4
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lnitial~ l
FILm ~1 3 0 5 054
BK~ 1 7 9 0 PGt 1 3 8 0
l; i- (" i ''" ~
.. . I. :'~"" {J 0..' <
.'
IlJ
NOTICE
Section 9.5-72(a) of Momoe County Code states that a conditional use permit shall not be
transferred to a successive owner without notification to the Development Review
Coordinator within five (5) days of the transfer.
Under the authority of Section 9.5-72(a) of the Monroe County Land Development
Regulations, this development order shall become null and void with no further notice
required by the County, unless a complete building permit application is submitted to the
Monroe County Building Official within six (6) months of the expiration of the
Department of Community Affairs appeal period or the date when the Department of
Community Affairs waives its appeal and all required certificates of occupancy are
procured within two (2) years of the date of the initial building permit.
If this development order is appealed under Monroe County Code or by the Department
of Community Affairs, the above time limits shall be tolled until the appeals are resolved.
This instrument shall not take effect for thirty (30) working days following the date of
memorialization thereof, and during that time, the permit shall be subject to appeal as
provided in Section 9.5-521(d) of the Monroe County Land Development Regulations.
An appeal shall stay the effectiveness oftrus instrument until resolved.
In addition, please be advised that pursuant to Chapter 9J-1, Florida Administrative Code,
this instrument shall not take effect for forty-five (45) days following the rendition to the
Florida Department of Community Affairs. During that forty-five days, the Florida
Department of Community Affairs may appeal this instrument to the Florida Land and
Water Adjudicatory Commission, and that such an appeal stays the effectiveness of this
instrument until the appeal is resolved by agreement or order.
MONROlil COUNTY
OFFICI~L RECORDS
Page 4 of4
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Initials~-rr1/
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18. 2010
Division:
Bulk Item: Yes X No
Department: County Attorney's Office
Staff Contact PersonlPhone #: Derek V. Howard
(305) 295-3172
AGENDA ITEM WORDING:
Approval of Amendment to Legal Services Agreement with Law Offices of Stephen J. Moore, P.C.
allowing retainment of Quinlivan Appraisal for the limited purpose of completing appraisals in Collins,
et. a!. v. Monroe County v. State of Florida (Circuit Court Case No. CA-M-04-379).
ITEM BACKGROUND:
Stephen J. Moore is representing the County in Collins, et. aZ. v. Monroe County v. State of Florida
(Circuit Court Case No. CA-M-04-379)--a regulatory takings case where liability and any resulting
compensation will be based in part on the fair market value of the subject properties. Moore contracted
with Quinlivan Appraisal to complete the necessary appraisals. This amendment would retroactively
authorize that contractual relationship, and allow Moore to recover from the County fees paid to
Quinlivan Appraisal.
PREVIOUS RELEVANT BOCC ACTION:
Approval of Legal Services Agreement dated July 19, 2006.
Approval ofPirst Amendment to Legal Services Agreement March 19, 2008
CONTRACT/AGREEMENT CHANGES:
Amends Section 5.3.2.2 of the Legal Services Agreement dated July 19, 2006.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $10.560.00 INDIRECT COST: N/A BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $10.560.00
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No
APPROVED BY: County Atty~
X ~OUNTPERMONTH Year
O~lPurc~ing _ Risk Management V11)-
DOCUMENTATION:
Included
X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Stephen J. Moore, P.c. Contract #CA Y LIT 2006-02-01
Effective Date: 1/1/2007
Expiration Date: Until Terminated
Contract PurposelDescription:
Stephen J. Moore is representing the County in Collins. et. al. v. Monroe County v. State of
Florida (Circuit Court Case No. CA-M-04-379)--a regulatory takings case where liability and
any resulting compensation will be based in part on the fair market value of the subiect
properties. Moore contracted with Quinlivan Appraisal to complete the necessary appraisals.
This amendment would retroactively authorize that contractual relationship. and allow Moore to
recover from the Countv fees naid to Ouinlivan Annraisal.
Contract Manager: Derek Howard (305) 394- /County Attorney's Office
1524 or
295-3172
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 8/18/10 Agenda Deadline: 8/3/1 0
CONTRACT COSTS
Total Dollar Value of Contract: $ 10,560.00
Budgeted? YesD No D Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $
148-50001-5303-18.-_
- - - -
-----
- - - -
- - - - --------------
- - - -
- - ............... - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For: reimbursement for appraisal services
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
8/3/1 0
Changes
Needed Reviewer
YeSDNO~~
YesDNo0 _
YesDNol!J ~~
YesD NoKl C~it.uiillfpl+-I7J.JC'J( j{)Qf-P
Date Out
Date In
Division Director
Risk Man~e ento o..1i10
etI ct;.;Jt
O.M.RIP ~g ~,ly \ \0
~~~-'(U
~ t.f 10
County Attorney
Comments:
SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT
THIS AMENDMENT TO LEGAL SERVICES AGREEMENT is made as of this
day of ,2010, to the Legal Services Agreement dated July 19,2006, between Monroe
County ("COUNTY"), a political subdivision of the State of Florida, whose address is J 100
Simonton Street, Key West, Florida 33040 and Law Offices of Stephen J. Moore, P.C.
("ATTORNEY"), whose address is 2201 City Center Square, 1100 Main Street, Kansas City, MO
64105.
WITNESSETH:
WHEREAS, COUNTY and ATTORNEY desire to continue the services as described in
the Legal Services Agreement dated July 19,2006; and
WHEREAS, on March 19, 2008, the COUNTY approved the First Amendment to the
legal services agreement; and
WHEREAS, ATTORNEY has incurred costs in obtaining appraisals for litigation; and
WHEREAS, the legal services agreement should be amended to authorize ATTORNEY
to contract for said appraisals;
NOW, THEREFORE, COUNTY and ATTORNEY agree as follows:
1. Section 5.3.2.2. shall be amended as follows:
5.3.2.2. Experts, consultants, support services, outsources services, etc. Attorney is
authorized to retain Quinlivan Appraisal, a Florida Professional Association, to provide appraisal
services. Attorney is not authorized to retain any other experts, additional counsel, consultants,
support services, or the like, or to out source or delegated work outside Attorney's law firm,
without prior written approval by County. Attorney will be responsible for selecting and
managing the services of others so that their services and expenses will be rendered in accordance
with the terms of this Agreement, including terms applicable to Attorney. Attorney will manage
others to obtain cost-effective services for County. Unless otherwise agreed in writing, Attorney
shall obtain a written retainer agreement, in a form which may be specified by County, from each
service provider, with bill from each provider being sent to both Attorney (for management
purposes) and County (for review and payment).
2. This Amendment is effective retroactive to January 1, 2007.
3. The remaining terms of the Legal Services Agreement dated July 19,2006 and the First
Amendment dated March 19,2008, not inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amended Agreement as of the
day and year first written above.
1
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
STEPHEN J. MOORE, P.c.
Witnesses to STEPHEN J. MOORE:
Name:
Name:
BOARD OF COUNTY
COMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Mayor Sylvia J. Murphy
Date:
Signature
Date
Signature
Date
CHR1'STI - M. LlM8ERT-~ARRO\NS
ASS1STAt:l~ COUNTY ATfORNEY
Date _Oj~.a.(1l f)
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STEPHEN J. MOORE, P .C.
1500 Traders on Grand BuIlding
1125 Grand Avenue
Kansas City, NO 64106
FIN 43-1439082
Bill To:
Invoice
Number: 1491
Date: June 02, 2007
Ship To:
------
iRobert B Shillinger, Jr.
,Chief Assistant County Attorney
iP.O. Box 1026
lKay Wast, FL 33041-1026
PO Number
90355-012SJM(Colllns
Terms
Project
Time & Expens.es
Collins v. Monroe Co
jDate Descrlptlon
lMay 31, 2007 : Deposition Fee (Gallaher)
,
May 31, 2007 'Deposition Fee (Quinlivan)
I
May 31, 2007 'Subcontrator (Mark Quinlivan)
May 31, 2007 :Subcontrator (Mark Quinlivan)
Haul'll !
I
Rate
0.00
0.00
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T $11,461,25'
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Amount
334.50
360.50
QUINJ",IVAN APPRAISAL
A I'JIOPJ,:Hh10NoU. iUU,O(;rATION
ilEAl. Elf'fo\'l'K Al'i'RMlJKRS 80 CnN'HI'L'l'ANTj!,
~730 S.W, 7''''TlI STltHU'r. SItI"1l noo
SOll'l'l/ ~11<Uu. I~J'()!uJ)A. :un 10:1
.r. ?oLutlf f,)mN1.rv,~N, ~I^t
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Jr.r~ O()UUU~
TY.L/U'HONE (:J0511l(l:)-6t111
(l'AK WOll! (j(J:'j- m:.ll
Tuo":>...... F, MM/F.NJlr:1M.Ut, l'L:\t
"'=l.U' ..t.R~tlf U~lJ ",,,NaillU. .\'PT"'nlHPHt.:I
K'J; 1ll.0flG:I,1
May 1, 2007 II
--ID, ~ -
. -<; Ii
Stephen J. Moore. Esquire t ':.?,i'~ l, $ ...
1125 Grand Boulevard. Suite 1500 ~ -" \';;~$f"/I(J
Kansas City, MO 64106 <.(~
INVOICE
RE: Monroe COUnty Invoice Number: OI5-O&7U
Collin. Y. Monroe Co~
Cue No. CA-M.Q4.379
Date Description of SeMC1t1 Houtl Hourly Rite TotIl
311612007 Review PI'8VlOUS I'iIe In pf1lpal'lllion for 250 S165 00 $41250
meebng wilh Derrick Howard at my otrice and
meebng WIth Derrick Howard
41612007 Research land sales and preparation 600 $165 00 $990.00
of appraisal raporta
4nl2OO7 ReBe8rch land sales and prepallilboll 800 $165 00 $1,32000
of appralaal reports
419/2007 Prepanrtlon of appraJa.' reporta 800 $165.00 $1,320 00
41101.2007 Preparation of appraisal reports 800 $16500 $1.320.00
4/1112007 Research land &alee and preparatlon 600 $165.00 $990.00
of appraisal reports
4/1212007 Research land Hlea and preparalron 700 $16500 $1, '55 00
or appnJlsaI reporta
Telephone cooversation with Stephen Moore 150 $16500 $247 50
411612001 Telephone conversation with Stephen Moore 050 $165.00 $82 50
4/18/2007 Telephone conversation with Derrick Howard 050 $165 00 $82.50
4/21J2001 MeeIlng with Stephen Moore tit al 600 $165 00 $990.00
In my office in preparation for deposilfon, revIeW
property ownel'$' apprallSlIl ruports prepaJ'l!d
by Robert GaUagh\Jr
4122f2007 Review of file m preparation 01 depOSltlon, revIew
property owners' appraisal reports prepared
Oy Robert Gallagher
300
$165 00
$495 00
4/23/2007 Preparation for depoSItion and attendance
at deposition
100
$16500
$1 15500
TOTAL
110,1160.00
MAKE CHECK PAYABLE TO QUINLIVAN APPRAISAL PA
FEDERAL TAXID NO: 59-2168811
STEPHEN J. MOORE, P.C. 4205
2.201 CRY CENTER SQUARE PH. 816-771-1012 ~
1100 MAIN ST.
KANSAS CITY. MO 64105 .' _ ..,.,.: S 4- fl/ 0 11-1J1~~~
r>b,Y;U T.,~ /, I ~. /4--. ~ ~ r.,) d,if tJ.;li: rto
OP.Df'W~ ~J_'r3<.~..rG;f,A~-~ff~~!~' _r~. I $ /()~ $/ ~ -
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wwrrl$nIfIl,Iftlotbank ODm )._
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t: lO ~OOOO lq.: 0 51.,0 ~ 2 a S?~ ~~._ . .'
FIRST AMENDMENT TO CONTRACT DATED JULY 19,2006,
BETWEEN MONROE COUNTY AND STEPHEN J. MOORE, P.c.
On this may of March, 2008, A.D., the Board of County Commissioners of
Monroe County, Florida, as the legislative and governing body of Monroe County,
Florida, and in accordance with the powers enumerated in Section 125.01, Florida
Statutes ("County") and Stephen J, Moore, P.C. ("Attorney"), hereby entered into this
Amendment to their agreement dated July 19,2006.
NOW THEREFORE, in consideration of the mutual covenants and provisions
::r ~
o 0 ~ -"1
Z > Q:J
contained herein, the parties amend the July 19, 2006, agreement as follows: ~(")?,; ~ .11
1"1 ~ =< :::Q~'
New language: gg~: ~ ':
1. Section 4.4 Approved Additional Time Keepers, E:lffiibit A shall be ~ to ~ ,;j
reflect that Elizabeth A. Moran is now an associate of the frrm and shall recei~ thf,:, ~ >~
hourly rate of$155.00 (rather than the hourly rate of $50.00 which she received afii ~:::;
Graduate Law Student). >-
w
Z ..
CI:~
o
~LL
3. The remaining terms of the Agreement, not inconsistent herewith, shall remain ~ ~
full force and effect. ~ ~
- ~
. 0
~~~!;~""" ~'" SS WHEREOF, the parties hereto have be, en executed this Agreement as ~ 6 0.;
_ 0 d~tten above. 0 a:
l~~ ~,--\3 1.3 ~'-',,' . ' ~:',. Board of COUll ommissioners ~ &
IICV/~, ,0." '~"';f. (",P'l OfMtmroe C 0 <( i
I or' ~ "t ~:i: ::E
\ ,':,[ ~ r ~f .' 0 ,..,f'~_ '. Ii
: ,;,," ,.... "'3. . > l:c'lttIg
\~~'~.\>' ~;t-,'),'2' e, lerk ~h~ks "Soon]''' cCoy;.. Mayor
~.': L, - .' / Date: MA.R 1 9 20\.18
~:~~;'- tf~Rur ~li~08
2.
This Amendment shall be retroactive to the 31st day of May, 2007.
Witness to A TIORNEY:
YJ- ~ ~ l A v. t flc.S:=-
Signature v
? \Co H,.. ~ w, ":) \\-,p.f.J ~l.-kt-J~
Print Name
Address:- h'2..S b""~ ~\"''O n~ \'i.c PtJot&.) bt..,. Df.:,
D ATE: 1> I ~ I'l.o,:)'ir'
ATTORNEY: '!irE"IIeN .3. Ik".. R {'"
~~~,~.'
Prin~ Name
DATE:IUA.~~ 3 " ;}.c-D %"
~
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MONROE COUNTY, FLORIDA
ST ANDARD LEGAL SERVICES AGREEMENT
(LITIGATION)
AGREEMENT NUMBER:
CAY LIT 2006-02-01
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as the
legislative and governing body of Monroe County, Florida, and in accordance with the powers
enumerated in Section 125.01, Florida Statutes (the "County") and
LAW OFFICES OF STEPHEN J. MOORE, P. c. (the "Attorney") hereby
enter into this Agreement regarding the retention of Attorney by County to provide legal advice and
servIces:
1. Client: The Client is the County, and to the extent ethically permissible, its elected and
appointed officers and its' employees, unless County advises Attorney otherwise. In the event that
Attorney cannot ethically represent individuals in addition to County, Attorney shall advise County
in writing ofthat fact llnmediately.
2. Attorney: The Attorney is the individual named above and whose signature appears at the
bottom of this Agreement. Attorney has been admitted to aPPE;ar in this
matter.
understands that County expects that Attorney will be responsible resentation,
assuring compliance of others with the te and ethical requirements, preparing
and substantiatin unicating with County. Attorney may not delegate or
* see
attachment
3. Matter: Attorney has been retained by County in connection with the matter described in
Exhibit A. Attorney represents that he or she is competent and available to handle that matter. In
the event that additional matters are assigned by County to Attorney, this agreement shall apply to
those matters as well, unless a separate Agreement is required by the County.
3.1. Review of ethical obligations before initiating representation: Attorney has
conducted a thorough investigation and determined that neither Attorney nor his or her firm has any
ethical impediment, real or potential, to representing County. To the extent that any ethical
impediment, real or potential, is discovered or ever arises, Attorney shall llnmediately inform
County in writing of the impediment (regardless of whether Attorney believes he or she has taken
all steps necessary to avoid the impediment and regardless of whether Attorney believes that the
impediment is insubstantial or questionable), make full disclosure of the situation to County, obtain
County's express, written consent to continue the representation ofthe other client, and take all steps
requested by County to avoid or mitigate the impediment. Attorney understands that, if a direct or
indirect conflict of interest arises which, in the opinion of the County, cannot be avoided or
mitigated under the Rules of Professional Conduct of The Florida Bar, County may, in its discretion,
(a) obtain reimbursement from Attorney for all fees and expenses paid to Attorney in this matter;
(b) obtain cancellation of all amounts allegedly owed by County to Attorney; and (c) obtain
reimbursement for consequential expenses incurred by County, including the cost of replacement
counsel.
RECEIVED
1 of 15
~bY 9 ~ ?n~~
C8UNTY ATTORNEY
M8rm8fc UN1Y AHORNty
1 3.2. Limitations to scope of representation: Except where prohibited by the Rules of
2 Professional Conduct of The Florida Bar, the Monroe County Attorney's Office will serve as co-
3 counsel in all matters covered by this Agreement. As co-counsel, the Office attorney's will assist
4 Attorney by performing tasks assigned by Attorney, including but not limited to serving as local
5 counsel; securing the cooperation of County employee's, officers, and others in discovery and other
6 matters; obtaining evidentiary materials from County files; assisting with discovery; attending
7 hearings and depositions; filing pleadings; arranging for closed attorney-client sessions with the
8 Board of County Commissioners; and performing other tasks as necessary and convenient for
9 Attorney. Decisions as to tactical approaches to be utilized shall be the ultimate responsibility of
10 the Attorney, and issues which rise to the level of a client decision shall be resolved by the Board
I I of County Commissioners. Any further limitations or special conditions shall be as set forth in
12 Exhibit A.
13
14 3.3. Term of Agreement and Representation: This Agreement and representation by
15 Attorney is effective upon acceptance and approval by County in accordance with County's po licies,
16 ordinances, or governing statutes. The representation shall continue until terminated by either the
17 County, or by the Attorney in accordance with ethical requirements.
18
19 3.4. County expectations and goals: The County expects the Attorney to seek the best
20 resolution for the County at the lowest reasonable cost to the taxpayers. At the earliest reasonable
21 point during the representation, the Attorney shall report to the County, via the County Attorney,
22 any reasonable potential for settlement, including related settlement costs and expenses, the
23 estimated chances of the County prevailing on the merits, and the potential financial exposure
24 should the County not prevail on the merits. Any other expectations and goals shall be as set forth
25 in Exhibit A.
26
27 4. Attorney Fee (Hourly): Attorney will be paid for his or her services based on the number
28 of hours expended on behalf of County (rounded to the nearest tenth hour for each time entry), not
29 to include time billable to or compensated by other clients, multiplied by the Attorney's hourly rate
30 as set forth in Exhibit A. The following minimum billing documentation and time-keeper
31 requirements are a condition precedent to payment by the County.
32
33 4.1. Non-billable time: Attorney will bill County only for time reasonably and
34 necessarily incurred to render professional services on County's behalf in accordance with this
35 Agreement. Time attributable to billing questions is not billable. Time expended by time-keepers
36 who have not been approved by County as indicated on Exhibit A is also not billable.
37
38 4.2. Changes to hourly rates: Attorney will charge no more than the hourly rate quoted
39 in Exhibit A throughout the duration of the matter, unless otherwise agreed in writing signed by
40 County.
41
42 4.3. Discounts to other Clients: The rates Attorney will charge County represent the
43 lowest rates charged by the same time-keepers to other clients. In the event that lower rates or
44 discounts are provided to other clients, Attorney and approved time-keepers will also provide them
45 on the same basis to County.
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2 4.4. Additional time-keepers: Additional time-keepers may not be added to the matter
3 without advance written approval from County. In the event that additional time-keepers providing
4 services which are to be billed to the County are to be added to the staff, then their hourly rates shall
5 be provided to County in advance, and, upon written approval by the County, their rates and billing
6 practices shall comply with the requirements ofthis Agreement. Additional time-keepers approved
7 by the County are listed in Exhibit A to this Agreement, and this Exhibit A may be amended from
8 time to time, upon mutual agreement of the County and the Attorney, to evidence the then-current
9 circumstances.
10
11 4.5. Existing work product: To the extent the Attorney makes use of existing work
12 product, e.g.; in the form of research previously performed for another County, then Attorney may
13 bill only that time expended in using that work product for County. In other words, no premium,
14 markup, or other adjustment may be made to bill County for time spent on work already performed.
15
16 4.6. Travel: Travel restrictions, including restrictions on billing time during travel, are
17 set forth below.
18
19 5. Billing of Fees and Expenses: Attorney shall comply with the following requirements as
20 to billing fees and expenses as a condition precedent to County's obligation to pay each bill:
21
22 5.1. Monthly bills: Unless otherwise agreed in a writing signed by the County, bills shall
23 be issued monthly by Attorney within 15 days after the close of each month. Attorney understands
24 that County requires prompt bills in part to facilitate effective management of the representation and
25 fees.
26
27 5.2. Bill format: Attorney shall provide detailed, itemized bills which shall, at a
28 mmnnum:
29
30 5.2.1 Description. Provide a general description ofthe matter, to include the name
31 of the County department or constitutional officer, if not indicated in the title of the matter, for
32 which legal services are being performed (e.g. Richard Roe v. Monroe County~EEO Claim).
33
34
35 5.2.2 Personnel. Clearly identify each person performing services (i.e., time-
36 keepers) in conjunction with each entry.
37
38 5.2.3 Other Personnel. Clearly identify all persons who are not full-time lawyers
39 employed by the Attorney's firm (including subcontractors, independent contractors, temporary
40 employees, and outsourcing providers).
41
42 5.2.4 Time Records. Record the time expended by each time-keeper separately.
43 In those situations where the minimum billing increment exceeds the actual time spent on a task and
44 several of these "minor" tasks are performed, it is expected that the services will be aggregated until
45 the total actual time spent meets the minimum billing increment.
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I 5.2.5 Totals and By Task. State the amount oftime expended by each time-keeper
2 daily (and, within each day, broken down by task where more than one project or task was worked
3 upon within the same day).
4
5 5.2.6 Task Description. Describe within each itemized daily task entry, in sufficient
6 detail to readily allow the County to determine the necessity for and reasonableness of the time
7 expended, the services performed, the project or task each service relates to, the subject and purpose
8 of each service, and the names of others who were present or communicated wit in the course of
9 performing the service. Included should be a reasonably specific delineation of services sufficiently
10 itemized to allocate time within a matter to such categories of effort as Legal Research, Fact
11 Gathering, Internal Conferences, Communications with Client, Particular Document Drafting, Court
12 Appearance, Deposition Attendance, and so forth.
13
14 5.2.7 Summary of Rates. In a summary at the beginning or end of the bill, provide
15 the current hourly rate for each time-keeper, the total time billed by each time-keeper in that bil~
16 the product of the total time and hourly rate for each time-keeper, the total fees charged, and a
17 reconciliation between the amount charged and any applicable estimated or budgeted amount, by
18 task. In addition, each monthly statement should show the aggregate billing for that matter from the
19 commencement of the matter through the currently-billed month.
20
21 5.2.8 Digital/Electronic Copy. County is currently using Time Matters and Time
22 Billing software in the County Attorney's office, and prefers that an electronic reporting software
23 which can be incorporated into the County's software data base for tracking and reporting purposes
24 be used by Attorney. Attorney should discuss the capabilities of Attorney's billing system with
25 County before rendering the first bill. County should receive a digital electronic/computerized
26 version of each bill, together with a paper copy, to facilitate bill review.
27
28 5.3. Expenses: County will pay the actual, reasonable cost of the following expense
29 items if incurred in accordance with the guidelines below and promptly itemized in Attorney's
30 monthly bill:
31
32 5.3.1 Reimbursable expenses: Actual cost for necessary long distance telephone
33 calls, telecopying at $.25 per outgoing page, overnight or expedited delivery, couriers, photocopying
34 at $.15 per page, postage, court fees, and other expenses approved in advance by County or as listed
35 below:
36
37 5.3.1.1. Expedited or emergency services: Attorney is expected to
38 avoid using expedited or emergency services, such as express delivery services, couriers,
39 telecopying, overtime, and so on, unless necessary because of unexpected developments or
40 extremely short deadlines. County may refuse to pay for any such expenses when incurred routinely
41 or because of Attorney's failure to manage the matter efficiently.
42
43 5.3.1.2. Computerized research: Attorney is expected to use
44 computerized research services cost-effectively to reduce time spent on research, for example, while
45 closely-monitoring computerized research to insure that the charges are reasonable and
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1 necessary. Attorney is expected to pass through to County any discounts or other arrangements that
2 reduce the cost of computerized services.
3
4 5.3.1.3. Photocopying: Attorney is encouraged to use outside
5 copying services to reduce the cost of large-volume copying, provided that these expenses are
6 efficient, cost-effective, and incurred and billed in accordance with this Agreement. Attorney is
7 responsible for insuring that all copying complies with copyright obligations.
8
9 5.3.1.4. Transcripts: Transcripts should not be ordered without prior
10 approval from County. Transcripts should not be ordered on an expedited basis unless necessary
11 and approved in advance by County. Attorney should obtain digital electronic/computerized copies
12 of transcripts when available at a reasonable cost to avoid charging for time spent digesting or
13 indexmg transcripts, and to allow County to maintain a digital electronic/computerized database of
14 all transcripts.
15
16 5.3.1.5 Travel Expenses: Travel expenses within the Attorney's
17 local or metropolitan area will not be reimbursed if the time spent in transit is billed. Travel
18 expenses outside the metropolitan area may only be reimbursed IT the travel was approved in
19 advance by County. Reimbursable travel expenses, IT approved in advance, are the cost of
20 transportation by the least expensive practicable means (e.g., coach class air travel), the cost of
21 reasonable hotel accommodations, and the cost of transportation while out of town (e.g., by cab or
22 rental car, whichever seems reasonable, at the lowest available rate). Travel expenses will be
23 reimbursed in accordance with the applicable provisions for "approved travelers" of the Monroe
24 County Code, will be sununarized on the Monroe County Travel Form with all applicable receipts
25 attached thereto.
26
27 5.3.1.6 Travel Time. Time spent in transit, locally or otherwise, may
28 be billed only IT (a) Attorney or time-keeper is unable to avoid traveling by using other forms of
29 communication and (b) Attorney or time-keeper is unable to bill time in transit to other clients.
30 Travel by more than one time-keeper at the same time to the same destination is not allowed without
31 prior approval from County. Approved travel time during time-keeper's normal business hours will
32 be billed at the hourly rate listed for the time-keeper on Exhibit A. Approved travel time outside
33 oftime-keeper's normal business hour's will be billed at one-half the hourly rate listed for the time-
34 keeper on Exhibit A.
35
36 5.3.2. Non-reimbursable expenses: The following expenses will in no event be
37 reimbursable, unless specifically agreed to in advance in a writing signed by County:
38
39 5.3.2.1. Personal and Office Costs. Meals for time-keepers,
40 overtime, word processing or computer charges, personal expenses, expenses that benefitted other
41 clients, expenses for books, costs of temporary employees, periodicals or other library materials,
42 internal filing or other document handling charges, clerical expenses, stationery and other supply
43 expenses, utilities, and any other expense that is either unreasonable or unnecessary. (The fact that
44 the firm charges other clients or that other firms charge their clients for an expense does not make
45 it reasonable or necessary.)
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2 5.3.2.2. Experts, consultants, support sen'ices, outsourced
3 services, etc. Attorney is not authorized to retain experts, additional counsel, consultants, support
4 services, or the like, or to out source or delegate work outside Attorney's law firm, without prior
5 written approval by County. Attorney will be responsible for selecting and managing the services
6 of others so that their services and expenses will be rendered in accordance with the tenns of this
7 Agreement, including tenns applicable to Attorney. Attorney will manage others to obtain cost-
8 effective services for County. Unless otherwise agreed in writing, Attorney shall obtain a written
9 retainer agreement, in a form which may be specified by County, from each service provider, with
10 bills from each provider being sent to both Attorney (for management purposes) and County (for
11 review and payment).
12
13 5.3.2.3. Expenses not passed through at actual cost. County will
14 not pay any markup for expenses. County will only reimburse the Attorney for their actual approved
15 out-of-pocket costs and expenses, whether incurred personally by an approved time-keeper or
16 incurred by other approved personnel (such as experts, consultants, support services personnel, or
17 out sourced services personnel).
18
19 5.3.2.4. Overhead not charged to County. County will not pay for
20 any "expense" items that are in fact part of Attorney's overhead which should be included within
21 Attorney's fee.
22
23 5.3.3. Advance approval of expenses. In addition to the items noted above,
24 Attorney shall obtain advance approval from Connty before incurring any expense in excess of $
25 1,000.00 if Attorney expects to be reimbursed for that expense. County may refuse to pay any
26 expense for which advance approval was not obtained by Attorney.
27
28 5.3.4. Copies of receipts for expenses. Attorney shall mclude copies of receipts for
29 all expenses with the itemized monthly bill County may refuse to pay any expense item for which
30 documentation is not provided by Attorney.
31
32 5.3.5. Expenses (and fees) after termination. Upon termination of the
33 representation, Attorney shall promptly bill County for any remaining reimbursable expenses and
34 fees. County may refuse to pay any fees or expenses not billed within 45 days of termination ofthe
35 representation. Attorney is also expected to cooperate promptly with all aspects of termination and,
36 if applicable, transition to other counsel Payment for fees and expenses is contingent upon prompt,
37 full cooperation.
38
39 5.4. Bill and expense documentation. Attorney nnderstands that Attorney must have
40 documentation to support all aspects of each bill, including fees and expenses, and must maintain
41 that documentation until at least one year after the termination of the representation. This
42 documentation shall be made available by Attorney to County (or Connty's designated
43 representative, including an accountant, the County Clerk or County Clerk's representative, or legal
44 bill auditor) upon Connty's written request. Attorney agrees to cooperate with any examination of
45 this documentation and Attorney's fees and expenses, e.g., by responding promptly and completely
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1 to any questions County or its designated representative may have. Attorney shall notify County
2 in writing at least 60 days in advance of destroying any such records and, in the event that County
3 requests that they be preserved, shall preserve them at least one additional year or, at the option of
4 the County, delivered to the County for storage by the County, with County responsible for paying
5 the actual cost of storage. This documentation shall include, for example, original time records,
6 expense receipts, and documentation supporting the amount charged by Attorney for expense items
7 generated by the Attorney or his or her firm. County reserves the right not to pay any fee or expense
8 item for which sufficient documentation is not available to determine whether the item was
9 necessary and reasonable. Upon prior written Agreement by the County, Attorney may provide the
10 documentation in digital electronic form in Adobe Portable Document Format (PDF) or in Alchemy
11 format in lieu ofthe manual preservation requirements detailed above.
12
13 6. Payment terms: Attorney's request for pa)'TIlents and reimbursements may be made in either
14 the Attorney's name or the name of the Attorney's law firm, as appropriate. Attorney bills
15 complying with this Agreement are due and payable upon receipt. If the bill materially fails to
16 comply with the requirements of this Agreement, then it is not due and payable until its deficiencies
17 are remedied by Attorney. County is entitled to a 1 % prompt pa)'TIlent discount if a bill is paid
18 within 15 days of receipt by County or correction of deficiencies by Attorney, whichever is later,
19 (or if the bill is satisfied by funds held by Attorney, e.g., in a trust account). County shall not be
20 liable for interest or other late charges unless specifically agreed to in advance in a writing signed
21 by County.
22
23 7. Budgets. Attorney will, within thirty (30) days after the effective date of this Agreement,
24 prepare an estimate or budget ofthe likely costs, by task, ofthis matter, including fees and expenses,
25 and a plan for handling the matter. Attorney will update the budget and plan at least once every
26 three months. In the event that Attorney obtains information indicating that the budget (or any line
27 item) may be exceeded by more than five percent, he or she will notify County of that immediately.
28 In a written statement accompanying each bill, preferably in tabular form. Attorney will reconcile
29 the budget with each month's bill, e.g., by explaining whether the billed amounts, by task, are more
30 or less than the amounts budgeted therefore. County shall have the right not to pay any amounts that
31 are over budget or not included within the budget.
32
33 8. Staffing and matter management. Attorney has been retained specifically because
34 Attorney, personally, is understood by County to be able to handle this matter. Emplo)'TIlent of
35 additional individuals, whether attorneys, paralegals, or others, who will bill time to County is not
36 permitted without the advance written approval ofCounty.
37
38 8.1. Time-keeper changes. Changes in time-keepers, e.g., replacement of an attorney
39 as well as increases or decreases in the number of the time-keepers working on the subject-matter
40 of this Agreement, must have the advance written approval of County. County expects to receive
41 discounts or other concessions so that any increases or changes in time-keepers will not result in
42 unnecessary or unreasonable charges to County, e.g., for training, internal conferences, and
43 management.
44
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1 8.2. Duplication of effort. Unless advance County approval is obtained, Attorney will
2 not have more than one time-keeper bill for court appearances, attendance at depositions and
3 meeting, including meetings with County representatives, and internal conferences. In the event that
4 more than one person attends, only the time of the person with the lowest rate will be billable.
5 Attorney is not permitted to use this matter to provide on the job training for a time-keeper, and bill
6 for that time-keeper's services, without County's advance approval.
7
8 8.3. Matter management. Attorney is responsible for managing the matter cost-
9 effectively and competently, e.g., by insuring that additional time-keepers are competent, properly
10 supervised, efficient, and in compliance with the terms of this Agreement as well as with ethical
11 obligations.
12
13 8.4. Communications. County will expect that all communications between Attorney
14 and County will be reviewed by Attorney and that Attorney will serve as the point of contact for this
15 matter, including billing questions. The point of contact for this matter at County is the County
16 Attorney or the individual specifically identified in Exhibit A.
17
18 8.5. Case monitoring. County will be advised promptly by Attorney of all significant
19 facts and developments in the matter so that County may mange the matter effectively and made
20 informed decisions about strategy, tactics, settlement, scheduling, costs, and other related matters.
21 County will promptly receive from Attorney copies of all orders, opinions, pleadings, briefs,
22 memoranda (internal and external), correspondence, and any other document material to the subject
23 matter ofthis Agreement, such that the County will have a current, up-to-date, "mirror" copy ofthe
24 County's file maintained by Attorney. For discovery materials or exhibits that are lengthy,
25 Attorney should discuss them with County before providing a copy. Documents available in digital
26 electronic/computerized form should be provided in that form in lieu of paper copies.
27
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30
31 8.6. Case control. Attorney shall discuss all significant issues of strategy and tactics,
32 including motions, discovery, pleadings, briefs, trial preparation, experts, and settlement, with
33 County before implementation. Attorney is expected to exercise independent pro fessional judgment,
34 but to implement the decisions of County as expressed to the County by the County Attorney.
35
36 8.7. Attorney cooperation. Attorney will cooperate with County or County's
37 representatives to promptly provide all information County requests or needs about the subject
38 matter of this Agreement and Attorney's bills.
39
40 8.8. County cooperation. Attorney should consult with County about all opportunities
41 for County to save money or make use of County's expertise to assist in, e.g., responding to
42 discovery, preparing for trial, locating experts, and the like. County may also have personnel and
43 facilities available to reduce the expenses related to the subject matter ofthis Agreement.
44
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8.9. Temporary staff, delegation, outsourcing. Attorney will not bill County for the
time and expenses of temporary employees, including so-called "Temps" or contract attorneys or
other staff from outside companies, nor "outsource" or delegate work, nor charge for sunnner
associates, law clerks, or student clerks, (collectively "temporary staff" even if not temporarily
employed) without full advance disclosure of the employee's temporary or short-term status to
County, including disclosure of the actual amount paid or to be paid to the individual. Unless
County expressly agrees in writing to paying additional amounts after full disclosure by Attorney,
Attorney may not charge County more than the actual cost paid by attorney.
9. Confidentiality and public relations: Attorney is not authorized to waive or release any
privilege or other protection of information - confidential, secret, or otherwise - obtained from or
on behalf of County. Attorney is to keep all confidential, privileged, or secret information
confidential. This requirement is perpetual, i.e., it will continue even after the termination of the
relationship and this Agreement. This requirement is also intended to prohibit Attorney from using
information obtained from or on behalf of County, including work product prepared at County's
expense, for other client's of Attorney or his or her firm, without County's advance written approval.
Attorney is not authorized to identifY County as a County, e.g., for purposes of marketing or
advertising, without County's prior approval. Upon termination of the representation, Attorney
agrees to return promptly all information obtained from or on behalf of County to County. Attorney
is not authorized to connnunicate with the public, including the press, about County or this matter
without the advance approval of County.
10. Ownership of Attorney fIles and work product: Attorney understands that all files and
work product prepared by Attorney or his or her firm at the expense of County (or for which County
is otherwise billed) is the property of County. Without County's prior written approval, this work
product may not be used by Attorney or his or her firm nor disclosed by Attorney or his or her firm
to others, except in the normal course of Attorney's representation of County in this matter.
Attorney agrees that County owns all rights, including copyrights, to materials prepared by County
or by Attorney on behalf of County. Attorney shall notify County in writing at least 60 days in
advance of destroying any such records and, in the event that County requests that they be preserved,
shall preserve them at least one additional year (with County responsible for paying the actual cost
of storage). Attorney shall provide County with prompt access to (including the ability to make
copies of) all attorney files and work product, regardless of whether the representation or matter is
ongoing and whether attorney fees and expenses have been paid in full.
11. Dispute resolution: Attorney and County agree that all disputes regarding Attorney's fees
or expenses are to be resolved pursuant to the procedures and practices for mediation by the
Attorney Consumer Assistance Program of the Florida Bar.
12. Governing law, modification of this Agreement, entire agreement: This Agreement is
to be interpreted in accordance with the laws of Florida and with the ethical requirements of that
jurisdiction. The Agreement may not be modified in any way without the express, written agreement
of both parties. This represents the entire agreement of the parties.
13. Monroe County Code Ethics Provisions: This provision is found in Section 18.8 below.
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14. Time Keeper Defined: As used in this Agreement, the term "time keeper" shall include
Attorney and other attorneys and individuals identified in Exhibit A who will be providing services
under this Agreement and who will bill the County for their services in accordance with this
Agreement.
15. Methods of Approval and Consent By County: Any consents or approvals required by this
Agreement to be made by the County shall, unless the context expressly states otherwise, be made
by the County Attorney or an authorized Assistant County Attorney in written form, to include but
not limited to hand-written, typed, or printed notes, electronic mail, letters, or facsimile
transmissions.
16. Florida Government-in-the-Sunshine Law: Attorney agrees that, unless specifically
exempted or. excepted by Florida law, the provisions of Chapter 120, Florida Statutes, generally
require full and public discussion of matters to be voted upon by the Board of County
Commissioners. Attorney agrees to consult with the County Attorney's office concerning the
application of the Sunshine law from time to time concerning specific circumstances that may arise
during the term ofthis Agreement.
17. Florida Public Records Law: Attorney agrees that, unless specifically exempted or
excepted by Florida law or Rules and Regulations of The Florida Bar, the provisions of Chapter 119,
Florida Statutes, generally require public access to all records and documents which may be made
or received under this Agreement. Attorney agrees to consult with the County Attorney's office
concerning the application of the Public Records Law from time to time concerning specific
circumstances that may arise during the term of this Agreement.
18. County's Standard Contract Terms:
18.1 No Assignments. Without the prior written consent from the County, Attorney shall
not assign or transfer this Agreement.
18.2 Entire Agreement. The entire agreement between the County and Attorney with
respect to the subject matter hereof is contained in this Agreement. This Agreement supersedes all
prior oral and written proposals and communications between the County and Attorney related to
this Agreement. No provision of this Agreement shall be deemed waived, amended or modified by
either party unless such waiver, amendment or modification is in writing and signed by the party
against whom the waiver, amendment or modification is claimed. This Agreement shall be binding
upon and inure to the benefit of the parties hereto, their permitted successors and assigns.
18.3 Severability. Ifa term, covenant, condition or provision ofthis Agreement shall be
declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be valid and shall
be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provision of this Agreement would prevent the accomplishment of the
original intent of this Agreement. The County and Attorney agree to reform the Agreement to
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I replace any stricken provision with a valid provision that comes as close as possible to the intent of
2 the stricken provision.
3 18.4 Captions. The captions set forth herein are for convenience of reference only and shall
4 not define, modifY, or limit any of the terms hereof
5
6 18.5 Governing Law and Venue. This Agreement shall be governed by and construed in
7 accordance with the laws of the State of Florida applicable to contracts made and to be performed
8 entirely in the State. Venue for any legal action which may arise out of or under this agreement shall
9 be in Monroe County, Florida.
10
II 18.5.1 Conflicts in interpretation. The County and Attorney agree that, in the
12 event of conflicting interpretations ofthe terms or a term ofthis Agreement by or between them, the
13 final interpretation by the County shall apply.
14
15 18.5.2 Adjudication of Disputes and Disagreements. The County and Attorney
16 agree that all disputes and disagreements between them shall be attempted to be resolved by a meet
17 and confer session between representatives of the County and Attorney. If the issue or issues are
18 still not resolved to the satisfaction of both within 30 days after the meet and confer session, then
19 either shall have the right to seek such relief as may be provided by this Agreement or by Florida
20 law.
21
22 18.5.3 Cooperation. In the event any administrative or legal proceeding is instituted
23 against either the County or Attorney relating to the formation, execution, perfonnance, or breach
24 of this Agreement, the County and Attorney each agree to participate, to the extent required by the
25 other, in all proceedings, hearings, processes, meetings, and other activities related to the substance
26 of this Agreement. The County and Attorney each agree that neither shall be required to enter into
27 any arbitration proceedings related to this Agreement or any Attachment or Addendum to this
28 Agreement.
29
30 18.5.4 Legal Obligations and Responsibilities; Non-delegation of Constitutional
31 or Statutory Duties. This Agreement is not intended to relieve, nor shall it be construed as
32 relieving, either the County or Attorney from any obligation or responsibility imposed upon each
33 by law except to the extent of actual and timely performance thereof by the other, in which case the
34 performance may be offered in satisfaction of the obligation or responsibility. Further this
35 Agreement is not intended to authorize, nor shall it be construed as authorizing, the delegation of
36 the constitutional or statutory duties of the County, except to the extent pennitted by the Florida
37 Constitution, state statutes, case law, and, specifically, the provisions of Chapter 125, Florida
38 Statutes.
39
40 18.6 Attorney's Fees and Costs. In the event any administrative proceeding or cause of
41 action is initiated or defended by the County or Attorney relative to the enforcement or interpretation
42 of this Agreement, the prevailing party shall be entitled to an award ofreasonable attorney's fees,
43 court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party,
44 and shall include reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses
45 in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement
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1 or as may be required by a court of competent jurisdiction shall be conducted in accordance with
2 the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit
3 court of Monroe County.
4
5 18.7 Records. Attorney shall maintain all books, records, and documents directly pertinent
6 to performance under this Agreement, including the documents referred to in Sections 5.4 and 10
7 of this Agreement, in accordance with generally accepted accounting principles, consistently
8 applied. Upon ten (10) business days written notice to the other, representatives of either the County
9 or Attorney shall have access, at all reasonable times, to all the other party's books, records,
10 correspondence, instructions, receipts, vouchers and memoranda (excluding computer software)
11 pertaining to work under this Agreement for the purpose of conducting a complete independent
12 fiscal audit. Attorney shall retain all records required to be kept under this Agreement for a
13 minimum of five years, and for at least four years after the termination of this agreement. Attorney
14 shall keep such records as are necessary to document the performance of the agreement and
15 expenses as incurred, and give access to these records at the request of the County, the State of
16 Florida or authorized agents and representatives of said government bodies. It is the responsibility
17 of Attorney to maintain appropriate records to insure a proper accounting of all collections and
18 remittances. Attorney shall be responsible for repayment of any and all audit exceptions which are
19 identified by the Auditor General for the State of Florida, the Clerk of Court for Monroe County,
20 the Board of County Commissioners for Monroe County, or their agents and representatives.
21
22 18.7.1 Public Access. The County and Attorney shall allow and permit reasonable
23 access to and inspection of, all documents, papers, letters, or other materials subject to the Florida
24 Public Records Law, as provided in Chapter 119, Florida Statutes, and made or received by the
25 them, unless specifically exempted by State Statute, Rules and Regulations of The Florida Bar, or
26 case law. County shall have the right to cancel this agreement upon violation of this provision by
27 Attorney.
28
29 18.8 Monroe County Code Ethics Provision. Attorney warrants that he has not
30 employed, retained or otherwise had act on his behalf any former County officer or employee in
31 violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
32 Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, at
33 its discretion, terminate this Agreement without liability and may also, at its discretion, deduct from
34 the sums owed under the Agreement, or otherwise recover, the full amount of any fee, commission,
35 percentage, gift, or consideration paid to the former or present County officer or employee. County
36 employees and officers are required to comply with the standards of conduct delineated in Section
37 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing
38 business with one's agency, unauthorized compensation, misuse of public position, conflicting
39 employment or contractual relationship, and disclosure of certain information.
40
41 18.9 Authority. Attorney warrants that he and the authorized time keepers are authorized
42 by law and the Rules and Regulations of The Florida Bar to engage in the performance of the
43 activities encompassed by this Agreement. If Attorney is a member of a law firm, either as partner,
44 shareholder, associate, or other relationship, Attomeywarrants that he is authorized to enter into this
45 Agreement by Attorney's law finn.
12 of 15
1
2 18.10 Public Entity Crime Statement. Florida law provides that person or affiliate who
3 has been placed on the convicted vendor list following a conviction for public entity crime may not
4 submit a bid on an agreement to provide any goods or services to a public entity, may not submit
5 a bid on a agreement with a public entity for the construction or repair of a public building or public
6 work, may not submit bids on leases of real property to public entity, may not be awarded or
7 perform work as a contractor, supplier, sub-contractor, or consultant under a agreement with any
8 public entity, and may not transact business with any public entity in excess of the threshold amount
9 provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of
10 being placed on the convicted vendor list. Attorney warrants the neither Attorney nor any
11 authorized time keeper has been named to the convicted vendor list.
12
13 18.11 Anti-kickback. Attorney warrants that no person has been employed or retained to
14 solicit or secure this Agreement upon any contract or understanding for a commission, percentage,
15 brokerage or contingent fee, and that no employee or officer of the County has any interest,
16 financially or otherwise, in this Agreement, except as expressly stated herein. For breach or
17 violation of this warranty, the County shall have the right to annul this agreement without liability
18 or, in its discretion, to deduct any sums to be paid by County under this Agreement, or otherwise
19 recover, the full amount of such commission, percentage, brokerage or contingent fee.
20
21 18.12 Modifications and Amendments. Any and all modifications of the terms of this
22 agreement shall only be amended in writing and executed by the Board of County Commissioners
23 for Momoe County and by Attorney.
24
25 18.13 Independent Contractor. At all times and for all purposes hereunder, Attorney is
26 an independent contractor and not an employee of the Board of County Commissioners of Monroe
27 County. No statement contained in this Agreement shall be construed so as to find Attorney or any
28 of the authorized time keepers, to be the employees of the Board of County Commissioners of
29 Momoe County, and they shall be entitled to none ofthe rights, privileges or benefits of employees
30 of Monroe County.
31
32 18.14 Compliance with Law. In carrying out Attorney's obligations under this agreement,
33 Attorney shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the
34 provisions of this Agreement, including those now in effect and hereafter adopted. Any violation
35 of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement
36 and shall entitle the County to terminate this Agreement immediately upon delivery of written notice
37 of termination to Attorney.
38
39 18.15 Licensing and Permits. Attorney warrants that Attorney shall have, prior to
40 commencement of work under this agreement and at all times during said work, all required licenses
41 and permits whether federal, state, County or City.
42
43 18.16 Non-Discrimination. Attorney shall not discriminate, in its employment practices
44 and in providing services hereunder, on the basis of race, color, sex, religion, disability, national
45 origin, ancestry, sexual orientation, gender identity or expression, familial status, or age, and shall
13 of 15
1 abide by all federal and state laws regarding non-discrimination. Upon a determination by a court
2 of competent jurisdiction that such discrimination has occurred, this Agreement automatically
3 terminates without any further action by the County, effective the date of the court order. Attorney
4 is aware of the provisions of Section 13-101 through 13-106, Monroe County Code, relating to non-
5 discrimination, and agrees to abide by the Code's non-discrimination requirements.
6
7 18.17 Claims for State or Federal Aid. The County and Attorney agree that each shall be,
8 and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
9 Agreement, provided that all applications, requests, grant proposals, and funding solicitations by
10 Attorney shall be approved by the County prior to submission.
II
12 18.18 Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
13 tenus, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
14 entitlement to or benefit of any service or program contemplated hereunder, and the County and
15 Attorney agree that neither the County nor Attorney or any officer, agent, or employee of each shall
16 have the authority to inform, counsel, or otherwise indicate that any particular individual or group
17 of individuals, entity or entities, have entitlements or benefits under this Agreement separate and
18 apart, inferior to, or superior to the community in general or for the purposes contemplated under
19 this Agreement.
20
21 18.19 Attestations. Attorney agrees to execute such documents as the County may
22 reasonable require, including a Drug-Free Workplace Statement, and a Public Entity Crime
23 Statement.
24
25 18.20 Signatures of Parties Required. This Agreement shall not be effective until
26 executed by both County and Attorney and received in :final executed form by an authorized
27 representative of County.
28
29 18.21 County Authority. This Agreement has been at a duly noticed and legally held
30 public meeting conducted in Monroe County, Florida.
31
32 18.22 No Personal Liability. No covenant or obligation contained in this Agreement shall
33 be deemed to be a covenant or obligation of any member, officer, agent or employee of the Board
34 Of County Corrnnissioners of Monroe County in his or her individual capacity and no member,
35 officer, agent or employee of the Board Of County Conunissioners of Monroe County shall be liable
36 personally on this Agreement or be subject to any personal liability or accountability by reason of
37 the execution of this Agreement.
38
39 18.23 Execution in Counterparts. This Agreement may be executed in any number of
40 counterparts, each of which shall be regarded as an original, all of which taken together shall
41 constitute one and the same instrument and the County and Attorney may execute this Agreement
42 by signing any such counterpart.
43
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THIS AGREEMENT has been signed and executed by the Board of County Commissioners
of Monroe County, Florida, and has been signed and executed by Attorney, on the dates indicated
below.
~~l~~:. p~
Stephen Moore L
Printed Name
'~\\ .
ATTEST:
BOARD OF C
OF MONRO
TY COMMISSIONERS
NTY, FLORIDA
DANNY L. KO~GE' CLERK,
BC1~ ~~
.r
Deputy Clerk
nate:Cj7 11. .... h
Witnesses For Attorney:
BY:
Charles "80 y" McCoy, Mayor
Date: 97 '1.'.0 I.
Signature
Printed Name
Signature
Mailing Address
1500 Traders on Grand Buildinq
1125 Grand l\.\~o.
Printed Name
Kane~~ City, MO 64106
City/State/ZIP
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Attachment:
AMENDMENTS
TO
AGREEMENT NUMBER CAY LIT 2006-02-01
2. (add to Line 3) As provided in Exhibit A, Attorney practices with others who also
will provide services to County. Attorney understands that County expects that Attorney will be
responsible for managing and coordinating representation with lead counsel (Robert H. Freilich,
Special Land Use Counsel of Paul Hastings, Los Angeles) and others within Attorney's firm
with the terms of this Agreement and ethical requirements, preparing and substainting all bills,
and communication with County. Except as provided in Exhibit A, Attorney may not delegate or
outsource this work without full written disclosure to, and prior written approval from the
County.
MONROE COUNTY, FLORIDA
ST ANDARD LEGAL SERVICES AGREEMENT
(LITIGATION)
AGREEMENT NUMBER:
CA Y LIT 2006-02-0 I
EXHIBIT A
Litigation Identification:Thomas Collins, et al. V. Monroe County, CA M 04-379.
References:
3.2: Limitations to Scope of Representation: Robert Freilich shall serve as lead counsel; County
Attorney's office shall serve as co-counsel.
cO-
3.4: County expectations and goals: Prompt, efficient, competent representation as counsel.
4. : Attorney's Hourly Fee Rate: Stephen Moore $ 235.00 Out of Court; $285.00 Deposition and
In-court. Associates: $155.00; $195.00 for Trial or Deposition.
4.4: Approved Additional Time Keepers:
Name:
David Edlow, Paralegal
Elizabeth A. ~bran,
Graduate Law Student
Hourly Rate:
$60.00
$50.00
8.4: County Point of Contact:
Robert B. Shillinger
Assistant County Attorney
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470
(305) 292-3516 (fax)
Shill inger- Bob@monroecounty-fl.gov
~~-4.
~
County Representative
Date: 72 - ~ 0"
,..
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18. 2010
Division:
Bulk Item: Yes X No
Department: County Attorney's Office
Staff Contact PersonlPhone #: Derek V. Howard
(305) 295-3172
AGENDA ITEM WORDING:
Approval of Agreement for Expert Witness Services with Marr and Associates Appraisal Company, Inc.
in connection with Emmerts v. Monroe County v. Florida Department of Community Affairs (Circuit
Court Case No. CAP-02-520) and Collins, et. al. v. Monroe County v. State of Florida (Circuit Court
Case No. CA-M-04-379).
ITEM BACKGROUND:
Emmerts v. Monroe County v. Florida Department of Community Affairs (Circuit Court Case No.
CAP-02-520) and Collins, et. al. v. Monroe County v. State of Florida (Circuit Court Case No. CA-M-
04-379) are regulatory takings cases where liability and any resulting compensation are based in part on
the fair market value of the subject property. Marr and Associates Appraisal Company, Inc. will be
appraising the subject properties.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
None.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: Up to $45.000
INDIRECT COST: N/A BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $175 per hour
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No
APPROVED BY: County Attf~
X ~MOUNTPERMONTB Year
otslPurc~Sing _ Risk Management~ -
DOCUMENTATION:
Included
x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Marr & Associates Contract #_
Effective Date: Upon full execution
Expiration Date: Upon termination
Contract PurposelDescription:
Agreement with Marr & Associates Appraisal Company. Inc. to provide expert witness services
relating to property valuation in Emmerts v. Monroe County/Florida Department of Community
Affairs (Cir. Court Case No. CAP-02-520) and Collins v. Monroe County v. State of Florida
(Cir. Court Case No. CA-M-04-379)'
Contract Manager: Derek Howard (305) 394- County Attorney's Office
1524
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 8/18/1 0 Agenda Deadline: 8/3/10
CONTRACT COSTS
Total Dollar Value of Contract: $ Up to
45,000
No 0 Account Codes: 148-50001-5303-ll-_
Current Year Portion: $
Budgeted? Yes 0
Grant: $ N/ A
County Match: $ N/A
- - - -
...........--- - -----.......... - -
- - - -
...----..--
- - - -
- .-............. - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed Reviewer
Division Director _ YesDNo~ ~
RiskManagement ~ YeSDN.{] -IjO\ ~
~~ ~~ IVn..I'~.
O.M.B.lPur~~~g S\Y\\O YesD No[[] tl.YV v-V' - - . ~
County Attorney 8/3/10 YesD NolXl C~',d:i.J lQ~M{f;tI=-fY1JO-tt7lPAVI
Date Out
8~1O
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Comments:
AGREEMENT FOR EXPERT WITNESS SERVICES
THIS AGREEMENT is made as ofthis day of
2010, between Monroe County ("COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Marr and
Associates Appraisal Company, Inc. ("CONSULTANT") a Florida corporation, whose
address is 5307 Pimlico Drive, Tallahassee, Florida, for expert witness and consulting
services in connection with the regulatory takings cases known as Emmerts v. Monroe
County v. Florida Department of Community Affairs (Circuit Court Case No. CAP-02-
520) and Collins, et. al. v. Monroe County v. State of Florida (Circuit Court Case No.
CA-M-04-379) ("Litigation");
WHEREAS, COUNTY desires to engage CONSULTANT to provide expert
witness and consulting services in the area of real property appraisals in connection with
the Litigation; and
WHEREAS, CONSULTANT desires to render these Services as described in
SECTION I, Scope of Services;
NOW, THEREFORE, COUNTY and CONSULTANT in consideration of the
mutual covenants contained herein, agree as follows:
SECTION I. SCOPE OF SERVICES
CONSULTANT, by and through its principal officer Trent Marr, shall assist the County
in preparing for and defending the County in the Litigation with regard to property
valuation. CONSULTANT's services shall include the following as necessary and
required: (a) reviewing background documents and other materials relevant to the
performance of all duties under this Agreement; (b) performing appraisals in full
compliance with the Uniform Standards of Professional Appraisal Practice; (c)
conducting necessary or required research and analysis; (d) reviewing other appraisals of
the properties at issue in the Litigation; and ( e) preparing for and testifying at any
depositions and/or trials of the Litigation.
SECTION TI. COMPENSATION
CONSULTANT shall be paid an hourly rate of ONE HUNDRED SEVENTY FIVE
DOLLARS AND NO/cents ($175.00) for services performed under this Agreement.
Compensation for services provided by CONSULTANT shall not exceed Forty-five
Thousand Dollars ($45,000.00).
SECTION TII. PAYMENT
In addition to the Compensation for CONSULTANT'S Services provided for herein,
Consultant shall be reimbursed for expenses (including air and ground transportation,
meals, and lodging) incurred in connection with travel performed at COUNTY'S request.
Consultant shall be reimbursed for expenses only to the extent and in the amounts
1
authorized by Section 112.061, Florida Statutes and the Monroe County Code, payment
will be made periodically, but no more frequently than monthly, in arrears. Expenses
shall be submitted by CONSULTANT and authorized by the COUNTY in writing with
backup documentation as required by the Clerk of Court,
The COUNTY'S performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of
the Board members at the time of contract initiation and its duration.
Ifthe CONSULTANT'S duties, obligations and responsibilities are materially changed
by written amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward or
downward.
SECTION IV. PERIOD OF SERVICE
This Agreement shall become effective upon signature by all parties and shall continue in
effect until the services are completed or terminated. This Agreement may be terminated
by either party, with or without cause, upon seven days written notice to the other party.
SECTION v. NON-WAIVER OF IMMUNITY AND HOLD HARMLESS
COUNTY and CONSUTLANT acknowledge that COUNTY does not waive immunity
nor does COUNTY agree to hold the Consultant harmless; notwithstanding the
provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and
the COUNTY in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage,
nor shall any contract entered into by the COUNTY be required to contain any provision
for waiver.
SECTION VI. CONTROLLING LAW
This Agreement is to be governed by the law ofthe State ofPlorida Venue shall be in
Monroe County.
SECTION VII. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining
provisions shall be valid and binding upon the parties. One or more waivers by either party
of any provision, term or condition shall not be construed by the other party as a waiver of
any subsequent breach of the same provision, term or condition.
SECTION VIII. NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date ofthe court order.
2
CONSULTANT or COUNTY agrees to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VI of the Civil Rights Act of 1964 (pL 88-352) which prohibits
discrimination on the basis ofrace, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 ofthe Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13,
Article VI, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression, familial status
or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of: this Agreement.
SECTION IX. NOTICE
Any notices sent by the parties shall be deemed to have been duly served if delivered in
person to the individuals and addresses listed below, or if delivered or sent by first class
mail, certified, return receipt, or by courier with proof of delivery. All written
correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. The correspondence shall be directed to:
FOR COUNTY:
Mr. Robert Shillinger
Chief Assistant County Attorney
1111 1ih Street, Suite 408
Key West, Florida 33040
FOR CONSULTANT:
Mr. Trent Marr
Marr and Associates Appraisal Company, Inc.
5307 Pimlico Drive
Tallahassee, Florida 32309
SECTION X. NO THIRD PARTY BENEFICIARIES
3
Nothing contained herein shall create any relationship, contractual or otherwise, with or
any rights in favor of, any third party.
SECTION XI. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONSULTANT and their respective legal
representatives, successors, and assigns.
SECTION XII. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law.
SECTION XIII. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each of
the parties. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law. COUNTY and CONSULTANT specifically agree that
no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
SECTION XlV. COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
SECTION XV. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
SECTION XVI. EXECUTION
This Agreement, including any exhibits included herein, constitutes the entire Agreement
between CONSULTANT and COUNTY, and supersedes and controls over all prior written
or oral understandings. This Agreement may be amended, supplemented or modified only
by a written instrument du1y executed by the parties.
4
IN WITNESS 'WHEREOF, the parties hereto have executed this Agreement as of the day
and year frrst written above.
(SEAL)
BOARD OF COUNTY
COMISSIONERS OF
MONROE COUNTY, FLORIDA
Attest: DANNY L. KOLHAGE, Clerk
By:
Mayor/Chairman
By:
Deputy Clerk
Date:
Date:
MARR AND ASSOCIATES
APPRAISAL COMPANY, INC.
"CONSULTANT"
Witnesses to Consultant
BY:
NAME:
NAME:
Date:
TITLE:
ADDRESS:
NAME:
Date:
Date:
MONROE COUNTY ATTORNEY
cf;I~RfjjiED AS TO FORM:
fi.oj! ,QPJ.,(f~
CHRISTINE M. L1MSERT-BAFlRO\NS
ASSIST~T COUNTY ATTORNEY
Date /2/dDIO,.
5