1st Modification 01/19/2011DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DA TE. February 11, 2011
TO: Suzanne A. Hutton
County Attorney
ATTN. Kathy M. Peters
Executive Assistant
FROM. Pamela G. Han ck . C.
At the January 19, 2011, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Item Q5 Modifications to the Memorandum of Agreement
between Monroe County and Florida Department of Transportation (DOT), to remove certain
areas from the lease of lobster & crab trap storage areas, and to revise other areas; to clarify the
effect of a fence installed by Office of Greenways and Trails (DEP); and to clarify the need for
delineation of the areas in the new Exhibit A (Areas 5 & as revised), and that motorized vehicles
are not allowed on the Heritage Trail. Note: The Memorandum of Agreement, dated March 15,
1988, that was attached to the Modification did not have page 4. It was presented to the Board
without this page also, therefore, I have executed the Modification.
Enclosed are three duplicate originals of the above - mentioned for your handling. Should
you have any questions, please feel free to contact this office.
cc: Finance
File,/
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR
1000 NW 111 Avenue
Miami, Florida 33172 -5800
STEPHANIE C. KOPELOUSOS
SECRETARY
January 4, 2011
Ms. Suzanne A. Hutton, Esq.
County Attorney
1111 12 Street, 4 th Floor, Suite 408
Key West, Florida 33040
Subject: Modifications to the Memorandum of Agreement
For Lobster Traps
Item /Seg No.: 2502531 / 2503081
Sect/Job No.:
90030 / 90050 / 90060
S. R. No.:
5 (U.S. 1)
County:
Monroe
Parcel No.:
789 (comprised of multiple areas between
MM 35 and MM 79)
Dear Ms. Hutton:
As you know, the Department entered into a Memorandum of Agreement (MOA)
dated March 15, 1988 with Monroe County, copy attached, for the use of the
Department's Right of Way for the storage of lobster and crab traps in various areas
along the Keys.
As a result of the construction project for the Florida Keys Overseas Heritage
Trail, the Department reviewed the areas used for the storage of lobster traps and we
found it necessary to make revisions to the areas used as indicated in Attachment "A" of
the MOA. In this connection, a meeting was held last year on September 4, 2009 with
Mr. Douglas Gregory from Monroe County and Mr. Jeff Cramer from the Organization of
Florida Fishermen (OFF) at which time we considered input from FDEP's Office of
Greenways and Trails (OGT) and from Mr. Townsley Schawb, Director of Planning &
Environmental Resources for Monroe County. An agreement was reached by all parties
to make the necessary changes and this letter will serve to document this agreement
which was reached in the early part of 2010 and in accordance with Paragraph 13 of the
MOA. The changes include removal or revisions of certain areas and other
considerations listed in the attached "Changes and Revisions to the Lobster and Crab
Trap Areas ".
www.dot.state.fl.us
Ms. Suzanne Hutton, Esq.
January 4, 2011
Page Two
CHANGES AND REVISIONS TO THE LOBSTER AND CRAB TRAP AREAS
The Department has produced legal descriptions and sketches of the legal
descriptions of those areas that will remain part of the MOA. As a result, the document
known as "Attachment A" is now replaced with "Exhibit A" of the MOA.
The AREAS that shall remain as part of the MOA and further described in Exhibit
"A" shall continue to be used for the storage of lobster and stone crab traps and for no
other purpose during the term of this agreement.
The following areas will remain as part of the MOA:
• Area #5: Conch Key (Oceanside) Revised
• Area #7: Conch Key — (Gulfside)
The following areas have been removed from the MOA:
• Area #1: West End Bahia Honda Bridge (Oceanside)
• Area #2: West End Toms Harbor Channel Bridge (Oceanside)
• Area #3: West End Toms Harbor Cut (Oceanside)
• Area #4: Between Toms Harbor Cut and Walkers Island (Oceanside)
• Area #5: Conch Key, from Sta. 147 +00 to Sta. 153 +20 (Oceanside)
• Area #6: Conch Key, from Sta. 151 +00 to 152 +50 (Gulfside). This area has
been conveyed to Monroe County and is no longer under the Department's
jurisdiction.
• Area #7: Conch Key, from Sta. 154 +00 to 159 +00 (Gulfside). This area has
been conveyed to Monroe County and is no longer under the Department's
jurisdiction.
• Area #10: Lower Matecumbe Key between Palm Drive and White Marling
Blvd. (Gulfside) This area is a part of Old S.R. 4 -A which was transferred to
Islamorada, Village of Islands and is no longer under the Department's
jurisdiction.
As per the County's request in your letter dated November 9, 2010, the following
Areas are also removed from the Agreement:
• Area #8: Teatable Channel Bridge, West End (Gulfside): This area has been
removed upon the County's request.
• Area #9: Teatable Channel Bridge, East End (Oceanside); This area has
been removed upon the County's request.
www.dot.state.fl.us
Ms. Suzanne Hutton, Esq.
January 4, 2011
Page Three - w °
0
The parties also agreed to the following conditions:
� �wu
� rn
1) In reference to Paragraph 3 of the MOA, the Office of Greenwaystd Twilso
(OGT) of the Department of Environmental Protection agreed to install along the ®ast,o
west and north boundaries of Area #5, at its own cost and expense, and with FDOt's
approval, a 5 ft. high, black vinyl- coated chain link fence, with black powder- coated
finish hardware and sixteen (16) 12' x 5' double gates (see invoice attached). However,
in the event that the use of Area #5 should change, OGT shall be informed of this
change in a timely manner and reserves the right to remove and reclaim the fencing
material and hardware for its own use.
2) In reference to Paragraph 4 of the MOA, with the exception of Area #5 which
has already been fenced in accordance with the described boundaries, the COUNTY
agrees to delineate the remaining AREAS along the boundaries as described for each
AREA in Exhibit "A ". Areas in use for lobster trap storage must be fenced and the
fencing must meet FDOT design standards. For Areas not currently in use but defined
for lobster storage under this Agreement, any other type of barrier or posting other than
fencing must be approved by FDOT, in writing, prior to installation. All delineation shall
be completed in a timely manner no later than 6 months from the date of this letter.
3) In reference to Paragraph 5 of the MOA, in areas where a segment of the
Florida Keys Overseas Heritage Trail has been constructed and runs parallel and
alongside any of the AREAS, the following will apply: the Florida Administrative Rule
62.S- 3.002(13) (c) prohibits the use of motorized vehicles over and across the Florida
Keys Overseas Heritage Trail (the "Trail "). The OGT monitors the use of the Trail to
ensure the public's safety and the preservation of the Trail. Violations of the law that are
observed in connection with the operations associated with the use of the AREAS will
be reported to the Department and continued violations may constitute the grounds to
revoke the use and exclude an AREA under this Agreement.
The above
s
At
changes to the Memorandum
County Commissioners this
)y signature of the mayor below.
of Agreement are hereby approved by the
IV& day of , 2011, as
NY L KOLHAGE, CLERK By:
Deputy Clerk
www.dot.state.fl.us
Aryl OVED AS
U ZA N A .H ' "riv
C -D' TY ?;
Ms. Suzanne Hutton, Esq.
January 4, 2011
Page Five
We look forward to a continued working relationship with the County. If you have any
questions or comments, please do not hesitate to contact me at (305) 470 -5155.
Sincerely,
Man nes
Property anagement Agent
Enc.
C: Pedro Mercado, Assistant County Attorney, Monroe County
Christine Limbert, Assistant County Attorney, Monroe County
Vince Reuben, District Property Management Administrator, FDOT
Anthony Knott, Office of Greenways and Trails, FDEP
Townsley Schwab, Planning & Environmental Resources Director
Douglas Gregory, Monroe County Trap Storage Coordinator
Jeff Cramer, Organization of Florida Fishermen, Monroe County
www.dot.state.fl.us
RECEIVED
OCT 2 0 1010
MONROE COUNTY ATTORNEY
a • u u • r �} is
PM� I
S AGREEMENT, made and entered into this , _ day of
Mrs c -\. , 1988, by and between the STATE OF FLCRrDA, DEPARTMENT OF
TRANSPORTATION, a couponent agency of the State of Florida, hereinafter called
the - DEPAR'TMENT' and the M NROI! COMM acting and through resolution of its
Board of County Commissioners, hereinafter referred to as the " COUNTY':
WMWM, the DEPARTMENT and the COUNTY have determined that the
lobster and stonecrabs industry are of vital economic importance to the COUNTY
and the State of Florida,
and
WHEREAS, the DEPARTmw and the COUNTY agree that lobster and
stonecrab traps are being stored on Right- of-Way that the DEPARTMW has
legal right, title and interest.
WHEREAS, the DEPARTMENT and the COUNTY agree that it would be in
the best interest of the general public to enter into a joint agreement to
deal with the unpermitted storage of lobster and stonecrab traps within
the DEPARTMENT's right -of -way,
and,
wHEREAS, the DEPARTMENT and the COUNTY agree that the economic
impacts of total trap removal from the DEPARTMENTS' right- of-way will be
reduced by providing area(s) suitable for storage of lobster and stonecrab
traps,
and,
WHEREAS, the Board of County Connissioners has by proper resolution
attached hereto and by reference made a part hereof, authorized its officers
to enter into this agreement.
1
Now, THEREFORE, in consideration of the premises and covenants
contained herein, the parties agree:
1. IN exchange for the DEPARTKWTS' granting the COUNTY ties of
certain area(s) of real property as identified hereinafter referred to as the
"AREA', the COUNTY will assist the DEPARTMENT in its efforts to enforce
Section 337.406 of the Florida Statutes.
2. The ARF.A(S) listed apdAdentif Jed in Attachment W and made a
subject to prior lease 'storage part hereof /are to be used for the s ora ge of lobster and stonecrab traps and
for no other purpose during the term of this agreement.
3. The DEPARTMENT will provide the AMA(S) "as is" and the
DEPARTMNT shall not be obligated or required to improve, repair or maintain
the AREAS) or any part of them in any mariner whatsoever. Any and all
improvements made to the AREA(S) by the COUNTY must be approved in advance by
the DEPARTMENT in writing. These improvements shall became real property
and shall not be removed by the COUNTY, unless so authorized by the DEPARTMENT.
4. The COUNTY shrill ensure adequate delineating of the boundary
of the AREAS) described in Attachment "A". Methods to accaaplish same must
be approved in writing by the DEPARTMMNT prior to installation.
5. The COUNTY shall also maintain the WA(S) in a clean, safe
and sanitary condition in conformity with local, county and state laws,
and shall permit no unlawful acts or practices to be committed on them.
The AREA(S) are to be mowed and trash disposed of a minimum of once per
month for the duration of this agreement. Traps shall be neatly stacked
in rows and no mare than five (5) high. Building of traps is specifically
prohibited, but repairs to traps will be permitted on the premises.
It is specifically prohibited to spray, brush, dip or apply in any manner
any preservative or water proofing materials to said traps within the
AREAS) or at any other location within the DEPARTMENTS' right -of -way.
2
6. All operations associated with the storage of traps (repair,
etc.) will be perfonned within the designated AREAW .
7. The COUNTY may manage or may contract the management 'of the
AREAS) with prior written permission from the DEPARTMENT. If the AREAS)
are sublet, they shall be sublet in an non -driminatory manner. All
lobster or stonecrab '��(,�
subleases shall hold a/ fishing license with the lobster
and/or stonecrab number issued by the State of Florida Department of Natural
Resources. it is specifically agreed by the DEPARDOW and the COUNTY that
any fees or other charges assessed shall for the management, operations,
inspection and maintenance of the AREAS) shall not be for the purpose of
making profit.
8. The COUNTY or its agents shall make no alteration or improve-
ments to the AREA(S) without first obtaining the written consent of the
DEPARTMENT.
9. upon the termination of this agreement, the COUNTr shall quit
and surrender use of the AREA(8) quiet and peaceable in as good order and
condition as the same were at the commencement here of this agreement,
reasonable wear, tear and damage by the elements excepted.
10. The cOUNTY shall indemnify, defend, and hold harmless and
release the DEPARTMENT from any and all suits, actions, administrative
proceedings, claims damages, fines, costs, and expenses arising from or
associated with any act, omission, fault or negligent incident to the
exercise of rights granted to the COUNTY or any of its'sublessees under
this Agreement.
11. The COUNTY shall secure and keep in full force and effect
throughout the term of this agreement, or any extension of it, at the
COUNTY's own costs and expense, comprehensive public liability insurance,
and property damage insurance coverage acceptable to the DEPARTMENT
covering the property and all operations in connection herewith. Proof
of said insurance shall be provided to the DEPARIMTT upon execution of
this agreement.
3
19. All terms of this Agreement shall be applied to any subsequent
subleases. Each party agrees that it shall use its best effort to fulfill its
obligations in a timely manner and each will cooperate with the other in these
activities.
20. The COMM agrees to permit the DEPARD EM' auditors to
inspect the books, records and accounts related to the management of the
AREAS) and the administration of this agreement. These records shall be
made available to the DEPARTMENT' for inspection within five (5) working
days upon receipt of a written request from the DEPATMONT.
21. The DEPARlMaff will actively pursue and halt any unla
activities done on the properties subject to this agreement.
5
IN WITNESS wMMF, the parties hereto set their hands and official
seals the day and year first above written
WITNESS: STATE OF FLORIDA DEPARTVO
TRANSPORTATIM
BY:
ATTEST.LAW. f (SEAT)
C
Z) a MMM ODOM, FURIM
FmM-W-V0 - - -
fir"r7j,'70 AS
1. ('k- k7s,
Al MOMENr " A"
Areas shown on right -of4my map are approximate. Exact locations to be
determined by field review. Areas can be added if agreed to by Florida
pepartnrnt of Trangx;rtation and Monroe county. Areas can be deleted by
Monroe County or the Florida Department of Transportation.
Area 1: West D)d Bahia Honda P.rid e - M.M. 35.0 to 35.2 (Oceanside)
n Sta. 0 to 89*00 as srmn on z map 900030-2510,
sheet 49, approximately 175' x 900'
Tres ? - Sit Elid Toms Harbor Channel Bridge - M.M. 60.5 (oceanside)
Fran Sta. 72 to 723+00 as shown on r/W tra 900550 shee 8
of 28, approximately 40' x 300
Area 3: khst End Toms Harbor Cut - M.M. 61.5 (oceansids)
From Sta. 76+00 to 77+00 as sham on r map 50, sheet 9 of
28, approximately 50' x 200
Between Toms Harbor Cut a uxlkers Island -
Sta. 47+00 to 57+50 as shown on r map 90060, sheets 4 i 5 of
32, approximately 40' x 1,0501.
Fmn &ta. $. $3+00 to 99+00 as stYw on r/w map 90050, sheet 10
of 28, approxinately 35' x 600
_
Area 5:
Conch g3 - ` M.H. 62.8 to 63.1
F S. 147+uo to 5+00 as sham on r1w map 90050, sheet 12�
1800!
approximately 50! - �
Area 6:
conch Key - M.M. 62.9 ( fside)
From S 1+ 0 to 1 2 +50 as s hown on r.,w map 90050, shoat
12 of 28, approximately 85' x 125
Area 7•
Conch Key - M.M. 62.9 to 63.1_(921f8ide)
Fran Sta. + to 1b3+v0 as shown on r/w map 90050, sheet 12
of 28, approximately 301 - 100' wide by 900' long.
Am 8•
vest Fad Testable C simnel Bridge - M.M. 79.0 (gttlfside)
Fran ta. - 313+05 to 316+00 as anown cin r/w map goo6o, asaeac 14
of 28, ann=cimately 40' x 300'.
Area 9:
East End Testable Channel Bridge - M.M. 79.2 to 79.3
cceanai
.t�+M to 327+00 as shown on r/w map 90060, sheet 14 of
32, approximately 60' x 600'.
s...,., i A.
T-- w.rIP!e►� new bet:kmmn Pala Drive and Mute Marlin
Sta. 47+00 to 57+50 as shown on r map 90060, sheets 4 i 5 of
32, approximately 40' x 1,0501.
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Exhibit A
LEGAL DESCRIPTION
AREA 5
A parcel of land within the right -of -way of SR -5 /
Overseas Highway, lying .in Section 14, Township 65 South,
Range 34 East, as shown on the Ri Specific Purpose
Survey for Section 90050, 'pages i9. and 20, in Monroe County
Florida and being more particulorly described as. follows;
COMMENCE at the intersection of the West Line of
Section 14 and the Survey Baseline for State Rood 5 /
Overseas Highwayi thence N 0 34 . 59" E. a distance of 79.64
feet thence S 21 0 25'01" E. a distance of 50.00 feet to the
POIN OF BEGINNING of
the following described porcell
Thence N 68 0 34'59" E. a distance-of 702.98 feet=
thence N 67 a d.lstonce of 647.24 feet= thence S
21 °25'01" E, a distance of 50.00 feet more or less. to the
intersection with an existing concrete seowolli thence
southwesterly along said seawall and the southwesterly
prolongation thereof. a distance of 11350 fee+ more or less
to the intersection with a Iine that bears S 21 °25'01" E.
from the POINT OF BEGINNING= thence N 21 0 25'01" W., along
lastly said Iine. a distance of 50 feet more or less to the
POINT OF BEGINNING.
Containing 67.537.1 square feet. more or less.
General Notes:
1 Reproductions of this 'map Ore not valid without the
signature and original raised seat of the Florido Licensed
Surveyor and Mapper in responsible charge.
2. Lands shown hereon were not abstracted by this office of
rights-of --way, easements of record., ownership, abandonments.
- deed restrictions. or Murpp Act Deeds. This information
should be obtained through ;appropriate verification.
3. The bearings shown hereon ore referenced to the Baseline
Survey of State Road 5. having o bearing of N 68 0 34'59" E.
according to +he Right of Woy Ma p. os prepared by Metric
Engineering, completed June 1, 2001.
4. Additions and / or deletions to the survey maps, sketches
or re ports by any party other than the signing party
prohibited without the written consent of the signing party.
11'rJ W
01
iCHARD' W. BuSSELL •'-)'-* �
ASSISTANT DISTRICT 9idWT. =0F -WAY
FLORIDA CERTIFICATE No. 3858
SURVEYOR
FLORJDA DEPARTMENT OF TRANSPORTATION I
- i PARCEL SKETCH - NOT A SURVEY
STAT ROAD NO.. S
RE
.. I DATE I FNFAAEV W,
ipQl YISTR VI
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011��1 iY1K� 7/04
AT 0.1t CIIEtRt0 wsSEU fill IM F.P - . N0.
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SECTION 90050
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LEGAL DESCRIPTION
AREA
A parcel of land lying within the right- of -woy of SR -5
/ Overseas Highway. in Section 14, Township 65 South, Range
34 East, as shown on the Right -of -Way Specific Purpose
Survey for Section 90050. page 20 of 56. lying in Monroe
County, Florida, and being more particularly described as
fo l I ows;
COMMENCE at the intersection of the West Line of
Section 14 and the Survey Baseline for sold State Rood 5 /
Overseas Highway: thence N 68 0 34'59" E, along sold Baseline
a d(stonce of 579.64 feet: thence N 21 °25'01" W o distance
of 61.87 feet to the POINT OF BEGINNING of the following
described porcel;
Thence continue N 21 0 25'01" W a distance of 30.00
feet; thence N 66 0 30'03" E a distance of 400.00 feet; thence
S 21 0 05'01" E a distance of 30.00 feet; thence S 66 0 30'03" W
a distance of 400.00 feet to the POINT OF BEGINNING.
Containing 12,000.0 square feet, more or less.
General Notes:
I. Reproductions of this mop are not valid without the
signature and original raised seal of the Florida Licensed
Surveyor and Mapper in responsible charge.
2. Lands shown hereon were not abstracted by this office of
rights -of -way. easements of record, ownership. abandonments,
deed restrictions, or Murphy Act Deeds. This information
should be obtained through appropriate verification.
3. The beorings shown hereon ore referenced to the Baseline
Survey of State Rood 5, having a bearing of N 68 0 34'59" E,
according to the Right of Way Mop for Section 90050, as
prepared by Metric Engineering, completed June, 2001.
4. Additions and / or deletions to the survey mops, sketches
or reports by any party other than the signing part ore
prohibited without the written consent of the signing party.
5. This document consists of two sheets and sholl not be
considered full, valid and complete unless each sheet is
attached to the other.
1i
chard W. Busse I I , P. S.: M.
Assistant District Right -of -Way Surveyor
Florida Certificate Not..3.858
FLORIDA DEPARThENT OF TRANSPORTATION
LEGAL DESCRIPTION
S T A T E ROAD NO. WPM COUNTY
e. I D.tt PREPARED T. OAT. fDIR10E,
DRAIN I TMAF4 12 10 FDDT pISTRICT YI
REVISIDR By DATE CMECUD 3OM91 F.P. N0. SECTION 90050 SHEET I OF 2
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