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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. L IQ ps •. � •� 4N i lly `• • �. � yM� `•. p), P9- al a v .; fi . �� •f I to LO V r, ��� /,/1 616'x• q, L17 r /may ��' • � � - - - - -° +<,,�.• I • .. // IFS / � y. � � � t ✓ �:� �.. tea/ �� /S Jai I • C .. +�, b0 ' ► CQ� aQ i • N — o— .• 1 ' ire r6 �i\ ' I\ M q i c o l ter 0 cu / 6ss � � r+ i + s a ti r \4 J � , v., _ �� tt, ` clam tn V . , l'�•. � �• ' •' •' � �f.. r is • .jr. \,D I rN I 94 ro 10 f f 4 f �i r4M th rn NI. \,D I rN I 94 ro �,- I -4- r4M th rn NI. :.� / . ¢ i F '. m - Z rn `•• • +6333 � —+ : � — � ,. � :'; ` ' •' • - �,- I 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 IZ =1 011��1 iY1K� 7/04 AT 0.1t CIIEtRt0 wsSEU fill IM F.P - . N0. '..0 SOM0 . SECTION 90050 MONROE COUNTY SHEET : OF 4 s qw OS•8S1 140I1r15 0 z is 3N I l HIV" Ln N w LU e . W W W U cr � W . �►' O . C Ln V; ' ^ U 7 . O v 0 4 + 0 4 � _ _ F- a 0 v N U W � � N • LIB o W v ° z z z Y o o d Q O IJJ .. -. R _ �..1' 4 rr rr O r1 Co : s T n - I..L U � l0 S. QO ai, N 8 ° O Ln w Z " R 3 ti4:bZoIZ S p — o U C) — N W W = ~ W — I 3 V7 �« a Ln Ln — Z W Z N ~ O N CL a U m Z Ix zo zz z om of O o p a U 7 - Z V 7 0. n. V) W O 1^ W a ;OW fi V7 •M0 h - aaN LA O N z Q W a O r ; u M a O U W l� Z OJ44• � ��,� ! W Q U J ►' W F W < 0a: Q LZiJ Z a o w m z ' R J 9 M [ �1. O SAA Ln O Y = 4• � � 44 O W U tr _ 00• i o `Q '^ Q Ln Q - O f�1t a Y Ln O H O a.. O Z ! H u U n ; Ln N w '•> N O w <O ° Z O : O a U o e U C� a QV) �.+► OWOZ to . .. r T II UQ F— U l ; WW 2 V) 4 l � i W D Z + OOZ Z O F- V1WOm of +, , ,• - -.. _ Z tl u r- r W�N zU<U< A QzN1dVfW V t In aa •t-Vf ; O W cc o (L 0 a 4 �! O {� Q a - � ~ IL t V r , i o U W �' • a O d U ��t Lj�w W 2 =Uz� O tA0u2W '+ W U Q Q Z < — — <pZ W m2¢ d.2 u s Q O O J m c r F O ¢ i -- QS• � to U +� 3N ►- u�G.Z.'Vs LLI Y N 0 Y L z f n �4. WW W U y � Q 7Q Z H W w _ N • • s � N LO _ a � � r iu o U y IV r U N aow a > = R o o Z Oa- ao d to 1 AID -t pq $• V/ r q. ` h OWZ WWWA C/1 La 4• D U Q N • t ..• ' : 1 r ' f' VI ; y 2 8 W W �Q txJ QO - I �. N W > � 1 F- Z a u A a 1 ,0 0 Z —. z � uU ZU <U <- OZNd CL t �. 4 F U ► N .WUm •« txW V 1 M1 � Cz 4+ W Q �mNaa x d N W Ln Qo * i W v Z o J"z r •''.,'� - a: 4 O d U w v Z i' p Q w m¢ Cr CL Z �, I ►, a R QO u vt �q 4 W i ._ Y N 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 3 �F S s9 C l..L Q I n \7\' LI L Z_ a CL c �F O UC UL Q = C O< f- U �— C W � W a. €m o NW- -F- �ZU <C7 <N O<WJa� x ' -¢NdQ. 0 W umui� �n— W u T z ;o Z J ¢ y J �- W W m C3 5¢ W m Z < W - t W Co -J CE U W . . . . J m- J ¢ O O Ln 1 _CD �O O N M N ~r M. f . r I � s 0 � W I � R � , v • Y N u N W G S o 0 0 0 m Z O U N ¢ O ° � Z Wo o a L2 in o o ry N J 3 y � o F > QQ i yW N O 2 u a LL 0 Z o i- c e � a C Q U N N W L ¢ a ~ J O r C.I Z J z Q O O M W Q W C = a O Q 0 ~ f- ac = a O U LL W Z Y q N