1st Amendment 01/19/2011 DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: March 29, 2011
TO: Suzanne A. Hutton
County Attorney
ATTN:: Kathy M. Peters
Executive Assistant
th
FROM: Pamela G. Hancock,.C.
At the January 19, 2011, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Item Q6 Amendment to Memorandum of Agreement
between Monroe County and Organized Fishermen of Florida, Inc. (OFF), to remove certain
areas from the lease of lobster & crab trap storage areas, and to revise other areas & to institute a
mechanism to force proper maintenance of the areas.
Enclosed are three copies of the above-mentioned for your handling. Since there was
only one original- I certified the copy that will go to the state. Should you have any questions,
please feel free to contact this office.
cc: Finance
•
File I
AMENDMENT TO MEMORANDUM OF AGREEMENT
THIS AMENDMENT TO AGREEMENT is entered this 15th day of January, 2011, by and
between Organized Fishermen of Florida, Inc. (OFF), and the Board of County Commissioners of
Monroe County, Florida (County).
WHEREAS, on March 15, 1988, the Florida Department of Transportation entered into a
Memorandum of Agreement (MOA) with the County to allow the county to use certain areas in
the Department's right-of-way for storage of lobster and crab traps;and
WHEREAS, the parties to this amendment entered into an agreement on April 5, 1988, to
sublet areas, as permitted under the MOA,to OFF; and
WHEREAS, in 2001, DOT deeded a parcel between US 1 and the private property lines to
Monroe County; and
WHEREAS, in 2007, the County deeded back a portion of that area, at the westerly end of
what used to be identified as Area 7, back to DOT; and
WHEREAS, the MOA specifies that DOT may unilaterally change the areas at any given
time,which they have advised county representatives is necessary;and
WHEREAS, County representatives have been working with OFF to allow a seamless change
to the areas included in the MOA; and
WHEREAS, the areas covered by the agreement between OFF and the County need to
correspond to the areas included in the revised MOA; and
WHEREAS, it is also desired to clarify that of the property now owned by Monroe County
and not subject to the MOA with DOT, a portion can continue to be used by OFF;
NOW,THEREFORE, In consideration of the mutual covenants contained herein the parties
agree to the amended agreement as follows:
1. Paragraph 6 of the Agreement dated April 5, 1988, shall be amended by adding at the
end of the paragraph the following three sentences:
"In the event that OFF does not,within forty-five days after written notice of breach
of maintenance requirements, adequately maintain the areas which are dedicated
to their use under this agreement as amended, the County may perform the work
necessary and charge OFF the fully loaded cost of County personnel to perform the
work, a rental fee of$50 an hour for each item of equipment and vehicles needed
1
,
for the work, and including the time for transportation to and from the site. OFF
shall have a period of fifteen days to remit payment to the County for any such
costs billed, and failure to do so shall entitle the County to terminate this
Agreement within 30 days of non-payment. This provision supersedes the provision
in Paragraph 13."
2. Attachment "A" of the Agreement shall be amended to delete Areas 1, 2, 3, 4, 6, 8, 9 and
10, and to.revise Area 5 and 7. Legal descriptions and illustrative sketches are attached hereto as
Exhibit"1"for the areas remaining under this agreement,as amended.
3. OFF agrees to provide any fencing required in the areas under this agreement.
4. County agrees to allow OFF to utilize Area 6 as shown on Exhibit "2," attached hereto,
under the same terms of liability and responsibility as the original agreement, and to access Area
7.from North Conch Avenue along the narrow stretch of land, approximately 4 feet wide, south of
the wooden fence and on County property, the beginning of which path is also shown on Exhibit
"2"just to the south of the Seashime property shown thereon.
5. The remaining provisions of the agreement dated April 5, 1988, not inconsistent herewith
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first
above written.
ORGANIZED ISHE EN OF FLORIDA,INC. BOARD OF COUNTY COMMISSIONERS OF
„,,,z,MOVROE COON , LO A
BY: /; °`''
Pre _��r(le, 40//2.F4-7i.;: r 1-1'-
- F,' ,a„
' a n A A" PINNY OLHAGE, LERK
c ipp 3 J ro
inD PC42j11
<,,4 'ea..�-=—� ` ✓Deputy Clerk i1i 9/2-e 1 I
1 .bat�r ry'y-0.
4417(
geOfiAk ‘,:3:F)::COUNTY Pr'Oa I-.!
Rabari 14 140tiNISVC6$i • , Val)AS 1- 'si: -_,
Aa. CD
`I 7.
7O r- I--) �
-- '�
`h.T = ill
-;-i Ems)
2
EXHIBIT 1
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 Right-of-Way Specific Purpose
Survey for Section 90050. pages 19 and 20, in Monroe County
Florida and being more particularly described os follows;
COMMENCE at the intersection of the West Line of
Section 14 and the Survey Baseline for State Rood 5 /
Overseas Highway; thence N 68°34'59" E. a distance of 79.64
feet; thence S 21°25'01 " E. a distance of 50.00 feet to +he
POiNT OF BEGINNING of
the following described parcel ;
Thence N 68°34'59" E. o distance of 702.98 feet;
thence N 67°06'27" E, a distance of 647.24 feet; thence S
21°25'01 " E. o distance of 50.00 feet more or less, to the
intersection with an existing concrete seowoll ; thence
southwesterly along said seawall and the southwesterly
prolongation thereof, a distance of 1 ,350 feet more or less
to the intersection with a line that bears S 21°25'OI " E.
from the POINT OF BEGINNING; thence N 21 °25'01 " W. along
lastly sold line, a distance of 50 feet more or less to the
POINT OF BEGINNING.
Containing 67.537. 1 square feet. more or less.
General Notes;
I . Reproductions of this mop ore 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 bearings shown hereon ore referenced to the Baseline
Survey of State Road 5. having a bearing of N 68°34'59" E.
according to the Right of Way Map, as prepared by Metric
Engineering. completed June 1 , 2001 .
4. Additions and / or deletions to the survey mops, sketches
or reports by any party other than the signing party ore
prohibited without the written consent of the signing party.
RICHARD W. BUSSELL
ASSISTANT DISTRICT RIGHT-OF-WAY SURVEYOR
FLORIDA CERTIFICATE No. 3858
FLORIDA DEPARTMENT OF TRANSPORTATION
PARCEL SKETCH - NOT A SURVEY
STATE ROAD NO. 5 MONROE COUNTY
sr DATE PPE)ANED li. DATA IO°ICE.
FOOT DISTRICT VI
DRAIN TARAFA 12/I T/D!
IIE.IOIDA eT DAVE CIIECRED RUSSELL wino F.P. NO. SECTION 90050 SHEET I OF 4
f
os•osr Xaiiris !�
3411 XD1r11 p
Ln
It
{ xr
4 h U W
u N N
W !�
N
in _
Ln — O a o
Z Z y . a*
F- =
C3 0
0 0 LLJ Z Ln a
N
U Q Y
Ln . W."o
Y J ~ ~ W d
Ln r
Ln -
z .� u �I�__ Y
0-
Z
O
U
CL
I ��
N
O 1 1 -W�-VI
CW�A X r n " - T W
W Q
wum <� 2
uw tir-w
f
9 a' ♦ ' 2 Z
_ M S, O
Z OJ4¢ Ln
D LAO Ox Ldj M a
W co 0
N
i
o
Ln
U
t
M
c7
K x
t
:.
L
►.
W
!
N
ID
O
N
+
a
$
in u
Q
r
�
W
(
�
Z Z
aoui
=
O
1i0 r
a
0-
U
r
e
F
w.
�►� r
n
Q U a
v
t
Lli Z
y
`
c
Q
•
^^
a
_
N
Q N
fi• EQ
,'�' ^y
N
W W =
v
I
vi
LQ
r
Z
F
< &-x
� c
o w -J
LA
wum
La
•� �'�
�
�
LCD
� �
�
� W
QO
�.
<
0
Jam¢.
Z
- - TS
w U
cC a2
_ O
® x
r c 6
4
1-
w
t'-
sc
u
LL
W
W
c
00• ►91 t S
p
O
'_^
t
Fa
O
O
u
Zx
_
Jf
n
V
V1
r
u
W
'? •
g
W
CV
Z Z
rn
.^
o
j
Q O w
d
(A O
D ,
h
O z
• 4� ~
• =l
�
yy ti
� N
M
4t i
S
5
2 J
z
W
r
o
a z
L.LI w
Y J
i
r.
Qo
V
ui
`ry i
x
F
z
Y
CL
S Om
_
UF-FW1 -Ifl
*
a„
z
CL
�KV1aaV�W
7 J
r^
V)
LaW V
�ocmaav+ —N'
LLJ
Q
w
>��
is y q
Z
<
J
Q
t+.
J
O
cn
Ln
0.
U
"iur.a
a.r '�h #' �� •
W
0U 02 W�
°C
os• tart
x
v
..
3N S
r ,
W
x
V)
E><hWft 1
LEGAL DESCRIPTION
AREA 7
A parcel of land lying within the right -of -way of SR -5
/ Overseas Highway. In Section 14, Township 65 South, Range
34 East, as shown on the Right -of -Woy 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 said State Road 5 /
Overseas Highway: thence N 68 0 34'59" E' along sold Baseline
a distance of 579.64 feeti thence N 21 °25'01" W o distance
of 61.87 feet to the POINT OF BEGINNING of the following
described parcels
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 1 01" E a distance of 30.00 feet; thence S 66 °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 Re reductions of this map ore not valid without the
si gno ure 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 bearings 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 maps, sketches
or reports by any party other than the signing party ore
prohibited without the written consent of the signing party.
5. This document consists of two sheets and shall not be
considered full, valid and complete unless each sheet is
attached to the other.
chard W. BusselI, P.S.M. 1
Assistant District Right -of -Woy Surveyor
Florida Certificate No. 3858
FLORIDA DEPARTAENT OF TRANSPORTATION
LEGAL DESCRIPTION
STATE ROAD 40. MONROE COUNTY
Or ppY /RE ►MCp m W7A SOLO=.
FDOT DISTRICT YI
OMAN TARAFA 12A0/0/
an j i. oaTC cTKaED I wss[tr l :i yD!!p F.P. NO. SECTION 90050 SHEET I OF 2
s r9
LL
0
Q
n
Q
Li!
Q
Q
V W
Q S
oa
LiJ Z
Y Q
w_ / y �� l f y i
IA
� N
IV t
P o �
u
M N
LO
}
cr
L /
Q
r
O
IV ,
7t.
CL
� <
O <y7J <Y- st
a HS ' ILO.VIW
3 uW 0 : a. W
1-IXL4 N �
W
1-
u
w
r z
3 W
y 0
z Cf
yy�� uuJymmya't1
p V1W�6'7
Y 1 O JQ aZ
W
J
Q
u
- a
r F
N
D
• ~0 4
VI
S V �
ri n w
n
C'
a
b
U.
O Z
IA � O
r
Q
a a v
w
~ � J
° > W
= Q _J
0
0 �-
a cUj o
W Q W
O =
V
0 Q !--
U Q
1 ` W z
Ne
t o
N _
w
in
Fn
0
�o
ZD —
ath� ♦ .
�J
O
*
o
I
rr ti
w
a_
x
Q
Ln
w
.Le•11)
r
+� lO. SL .1 2
N
o
•
a
m
E
�•
17
_ •� a rnn 1D11 L
�
iN
U 09 m X
S w
u a O
• SS.'� �� -� 2•e N t 1 .wAdd = 1
(�1 60'9b•
/
r
/�
C
� �
�.'
08
LL to
r ; _•i� J�' d`' ,'
V
FL •
a
' �
o•
c4)
s
0
0
o CO
0 10
N
X M
o
f+
IW►
4)
o, m
0
X
�
0
a..
_
0 0 0
LL
e / N
/ A
4L
R
0
' J
x
w
n
4
K
b1
'3
J
0
or
4t
M _ _J
H
J
ui
W
Q
k
l
a
n
R