11/20/2012 Agreement DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: December 4, 2012
TO: Dent Pierce, Director
Public Works Division
ATTN: Beth Leto, Assistant Director
Public Works Division
FROM: Pamela G. Hanco .C.
At the November 20, 2012, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Item F27 a Memorandum of Understanding between
Monroe County and Florida Department of Management Services with respect to connection to
City of Marathon's Wastewater System and for the sharing of costs for original connection
charges, construction of infrastructure and ongoing maintenance at the State of Florida Monroe
Regional Service Center, Florida Fish & Wildlife Repair Shop and Monroe County Government
Center.
°• r
Enclosed is a d feat original of the above - mentioned for your handling. Should you
have any questions, please do not hesitate to contact this office.
cc: County Attorney
Finance
File/
MOU between DMS /Monroe County
MEMORANDUM OF UNDERSTANDING
BETWEEN MONROE COUNTY AND DMS WITH RESPECT TO CONNECTION TO CITY OF MARATHONS
WASTEWATER SYSTEM
This Memorandum of Understanding ( "MOU ") is made and entered into between the Florida
Department of Management Services ( "DMS "), a public agency of the State of Florida, and Monroe
County Board of County Commissioners ( "MONROE "), a political subdivision of the State of Florida
on the 26th day of NOV. , 2012.
WHEREAS, this MOU is written and signed for the sole purpose of facilitating the implementation of
connection to the City of Marathon's ( "City ") Wastewater System including (i) original connection
charges, (ii) cost of constructing infrastructure to allow for the connection, and (iii) ongoing
infrastructure maintenance expenses for the following facilities: State of Florida Monroe Regional
Service Center and Florida Fish & Wildlife Repair Shop, 2796 Overseas Highway, Marathon Florida
and Monroe County Marathon Government Center, 2798 Overseas Highway, Marathon Florida.
WHEREAS, DMS entered into a lease dated November 17 2003, with BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA, regarding certain property, more
particularly described in the lease ( attached hereto and made a part hereof in Exhibit A to this
agreement), said property lies within the City and is subject to City policies; and
WHEREAS, MONROE COUNTY BOARD OF COUNTY COMMISSIONERS entered into a lease dated
January 5th, 1 995, with the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE
STATE OF FLORIDA, regarding certain property, more particularly described in the lease (attached
hereto and made a part hereof in Exhibit B to this agreement), said property lies within the City and
is subject to City policies: and
WHEREAS, the City owns, operates, and manages a wastewater utility; and
WHEREAS, the City has adopted a set of policies and procedures to enforce mandatory
wastewater connections in accordance with Chapter 99 -395, Laws of Florida and Chapter 34 of
the Marathon Code; and
WHEREAS, on or about August 10, 2010, the City sent the statutorily required
notice informing all affected properties that the City's wastewater system in Service Area 3 is
available and that connection is required within 365 days; and
WHEREAS, DMS has established a program per "Preliminary Engineering Report at Monroe Regional
Service Center" dated January 26, 2011 as prepared by Jim Stidham & Associates, Inc., and attached
hereto and made a part hereof as Exhibit C; and
WHEREAS, it is the desire of the parties and it serves a public purpose for DMS and MONROE to
connect to the City's wastewater system and share in all the expenses required for this connection
including (i) original connection charges, (ii) cost of constructing infrastructure to allow for the
connection, and (iii) ongoing maintenance expenses with the infrastructure; and
11Page
MOU between DMS /Monroe County
NOW THEREFORE, COUNTY and DMS, through their respective governing bodies, and in
consideration of the mutual promises and covenant herein contained, hereby agree as follows:
I. The parties do hereby adopt all the foregoing clauses as part of their agreement.
11. PROPERTY.
The properties encompassed by this agreement is described above in Exhibits A and B.
III. SHARING OF COSTS OF CONSTRUCTION AND CONNECTION.
DMS and MONROE shall share in all the expenses required for this connection including
original connection charges, cost of constructing infrastructure to allow for the connection,
and ongoing maintenance expenses with the infrastructure, as follows:
A. CONNECTION AND CONNECTION COSTS shall be shared in the following manner:
t. DMS = 13.8 (Equivalent Dwelling Unit) EDU + / connection fee = $65,122.30 (for
property leased by DMS);
2. MONROE = 5.6 EDU + % connection fee= $26,738.10 (for property leased by
MONROE);
3. These payments are to be made separately to the City of Marathon by DMS
and MONROE.
B. _COST OF C O NST R UC TING INFRAST shall be shared in the following
manner:
i. DMS: = 509 of all expenses incurred as a result of building infrastructure to
connect;
2. MONROE: = 50% of all expenses incurred as a result of building infrastructure to
connect;
C. Construction Documents and Contracts.
It is agreed between the parties that either or both DMS and /or MONROE
shall when contracting with third parties for the work done under this MOU that the
contracting party shall provide within the construction bid documents and construction
contract that the Contractor shall equally invoice half to each and provide acceptable
documentation to both DMS and Monroe for periodic progress payments and final payment.
IV. COST OF ONGOING MAINTENANCE EXPENSES
In addition to the cost of construction and connection listed above in Section II, and because
the presently existing on -site equipment and appurtenances are considered one collection
system for the DMS property and the leased property, the cost of ongoing maintenance
expenses shall be shared in the following manner:
A. DMS shall be responsible for 50% of all expenses incurred as a result of any ongoing
maintenance expenses
B. MONROE shall be responsible for 50% of all expenses incurred as a result of any
ongoing maintenance expenses
21Page
MOU between DMS /Monroe County
C. It is agreed between the parties that any maintenance contract/agreement entered
into by either party, for the subject property, shall include a provision that the
maintenance Contractor shall equally invoice half of the payments thereunder to
each party and provide acceptable documentation to both DMS and Monroe for
periodic payments per the maintenance agreement.
V. TERM OFTHE MEMORANDUM OF UNDERSTANDING
This MOU shall begin on the date on which it is signed by both parties, whichever is later, and
shall end at midnight on January 4th, 2045. In the event this MOU is signed by the parties on
different date, the latter date shad control.
VI. RESPONSIBILITIES OF PARTIES
DMS and MONROE agree to carry out the actions and responsibilities specifically associated
with this MOU, reflected in section I, II, and III above, in addition to the following:
i. DMS Responsibilities:
a. Participate in and provide guidance during the original connection to the City
Wastewater System;
b. Participate in and provide guidance during the construction of infrastructure
to connect to the City Wastewater System;
c. Participate in and provide guidance during any ongoing maintenance
expenses;
d. Initiate, administer and hold all design, construction and maintenance
contracts /agreements with review and concurrence from Monroe, which may
not be unreasonably withheld.
e. Obtain and do all necessary actions to request and provide the funding
needed to implement a., b., c., and d. above.
2. MONROE Responsibilities:
a. Participate in and provide guidance during the original connection to the City
Wastewater System;
b. Participate in and provide guidance during the construction of infrastructure
to connect to the City Wastewater System;
c. Participate in and provide guidance during any ongoing maintenance
expenses;
d. Obtain and do all necessary actions to request and provide the funding
needed to implement a., b., and c. above.
VII. REVIEW AND MODIFICATION
A. Upon request of either party, both parties will review this MOU in order to determine
whether its terms and conditions are still appropriate. The parties agree to renegotiate
terms and conditions hereof if it is mutually determined that significant changes in this
MOU are necessary. There are no obligations to agree by either party.
B. Modifications to the provisions of this MOU shall be valid only through execution by both
parties of a formal written amendment to the MOU.
a
MOU between DMS /Monroe County
C. This MOU may be terminated at any time upon the mutual consent of both parties or
unilaterally by either party upon no less than thirty (30) calendar days' notice. Notice shall
be delivered by certified mail, (return receipt requested).
VIII. OTHER CONDITIONS
A. Indemnification.
DMS and MONROE are state agencies or political subdivisions as defined in Section
768.28, Florida Statutes, and agree to be fully responsible for acts and omissions of their
own agents or employees to the extent permitted by law. Nothing herein is intended to
serve as a waiver of sovereign immunity by either party to which sovereign immunity
may be applicable. Further, nothing herein shall be construed as consent by a state
agency or political subdivision of the State of Florida to be sued by third parties in any
matter arising out of this MOU or any other contract.
B. Disputes.
Any dispute concerning this MOU shall be resolved informally by the MOU Managers.
Any dispute that cannot be resolved informally shall be reduced to writing and delivered
to the General Counsel of both DMS and MONROE. The DMS General Counsel and the
MONROE General Counsel shall attempt to agree upon a resolution which shall be
acceptable to both parties and which shall be reduced to writing, and if unable to do so
shall agree upon a third party to decide the dispute, reduce the decision to writing, and
deliver a copy to the parties, the MOU Managers. All dispute resolutions are not binding
upon the County until approved by the Board of County Commissioners and are not
binding upon DMS until approved in accordance with Florida law.
C. Contingency Statement.
DMS's and Monroe's performance and obligation to pay under this MOU is contingent
upon an annual appropriation by their respective governing bodies. The State of
Florida's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the legislature.
D. Severability.
If any term or provision of this MOU shall to any extent be held invalid or unenforceable,
the remainder of this MOU shall not be affected thereby, and each remaining term and
provision shall be valid and enforceable to the fullest extent permitted by law.
E. Waiver
The failure of either party to this MOU to object to or take affirmative action with respect
to any conduct of the other in violation of any term or condition of this MOU shall not be
construed as a waiver of the violation or breach, or a waiver of any future violation,
breach, or wrongful conduct.
F. Counterparts.
This MOU may be executed in several counterparts, each of which shall be deemed an
original and such counterparts shall constitute one and the same instrument.
G. Authority.
41Page
MOU between DMS /Monroe County
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,
corporate or individual action, as required by law.
H. Notices.
All notices given under this lease shall be in writing and shall be served by certified mail
to the last address of the party to whom notice is to be given as designated by each
party. The parties hereby designate their address as follows:
Department of Management Services and DMS General Counsel
State of Florida State of Florida
405o Esplanade Way 405o Esplanade Way
Tallahassee, Florida 3 Tallahassee, Florida3
County Attorney and County Administrator
PO Box 1026 iioo Simonton Street
Key West, Florida 33041 -1026 Key West, Florida 33040
IN . WITNESS THEREOF, the parties hereto have caused this MOU to be executed by their
undersigned officials as duly authorized.
(SEAL)
Attest: Amy `Heavilin, Clerk Ad Interim
By cjz,"-
Deputy Clerk
Monroe County
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: 'e` �di 4. 0 4 k -
Mayor /Chairman
Date: 11/20/2012
Department of Management Services MONROE COUNTY ATTORNEY
ArIPPROVIED AS TO M: M:
C /')
SIGNED NATILEENE W. CASSEL
BY: ASSISTANT COUNTY ATTORNEY
lr•2 w. 3� ` �ZZl7-
NAME: Tom Berger
3
TITLE: Division Director
�
_m
N
rn
_
r
o
:D `'"
n
Division of Real Estate Development and
Management (REDM)
--
a
�
J ffll
��
o
DATE: (� / V
N
:;0
_
r✓
51Page
r �
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
LEASE AGREEMENT
Lease Number 4442
This lease is made and entered into this 14 L of
0 V EM - R , 2003, between the BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA,
hereinafter referred to as "LESSOR ", and the STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES, hereinafter referred to as
"LESSEE ".
WITNESSETH:
WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA holds title to certain lands
and property being utilized by the State of Florida for public
purposes; and
WHEREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA is authorized in Section
253.03, Florida Statutes, to enter into leases for the use,
benefit and possession of public lands by State agencies which
may properly use and possess them for the benefit of the people
of the State of Florida.
NOW, THEREFORE, the parties, for and in consideration of
the mutual covenants and agreements hereinafter contained,
LESSOR leases the below described premises to LESSEE subject to
the following terms and conditions:
1. DELEGATIONS OF AUTHORITY LESSOR'S responsibilities and
obligations herein shall be exercised by the Division of State
Lands, Department of Environmental Protection.
2. DESCRIPTION OF PREMISES The property subject to this
lease is situated in the County of Monroe, State of Florida and
is more particularly described in Exhibit "A" attached hereto
and hereinafter referred to as the "leased premises."
MUM
3. TERM The term of this sublease shall be for a period of
fifty years commencing on kl Mat and ending
on NouElAlizft l�� unless sooner terminated pursuant to
the provisions of this lease.
4. PURPOSE LESSEE shall manage the leased premises only for
the establishment and operation of a state office building and
laboratory, along with other related uses necessary for the
accomplishment of this purpose.
S. QUIET ENJOYMENT AND RIGHT OF USE LESSEE shall have the
right of ingress and egress to, from and upon the leased
premises for all purposes necessary to the full quiet enjoyment
by said LESSEE of the rights conveyed herein.
6. UNAUTHORIZED USE LESSEE shall, through its agents and
employees, prevent the unauthorized use of the leased premises
or any use thereof not in conformance with this lease.
7. RIGHT OF INSPECTION LESSOR or its duly authorized agents
shall have the right at any and all times to inspect the leased'
premises and the works and operations thereon of LESSEE, in any
matter pertaining to this lease.
8. INSURANCE REQUIREMENTS LESSEE shall procure and maintain
fire and extended risk insurance coverage in'accordance with
Chapter 284, Florida Statutes, for any buildings and
improvements located on the leased premises by preparing and
delivering to the Division of Risk Management, Department of
Insurance, a completed Florida Fire Insurance Trust Fund
Coverage Request Form and a copy of this lease immediately upon
erection of any structures as allowed by paragraph 4 of this
lease. A copy of said form and immediate notification in
writing of any erection or removal of structures or other
improvements on the leased premises and any changes affecting
the value of the improvements shall be submitted to the
following: Bureau of Public Land Administration, Division of
Page 2 of 20
Lease No. 4442
State Lands, Department of Environmental Protection, Mail
Station 130, 3900 Commonwealth Boulevard, Tallahassee, Florida
32399 -3000.
9. LIABILITY LESSEE shall assist in the investigation of
injury or damage claims either for or against LESSOR or the
State of Florida pertaining to LESSEE'S respective areas of
responsibility under this lease arising out of LESSEE'S
respective management programs or activities and shall contact
LESSOR regarding the legal action deemed appropriate to remedy
such damage or claims.
9. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease
in no way affects any of the parties' obligations pursuant to
`Chapter 267, Florida Statutes. The collection of artifacts or
the disturbance of archaeological and historic sites on state -
owned lands is prohibited unless prior authorization has.been
obtained from the Division of Historical Resources of the
Department of State.
10. EASEMENTS All easements including, but not 'limited to,
utility easements are expressly prohibited without the prior
written approval of - LESSOR. All easements not approved in
writing by LESSOR shall be void and without legal effect.
11.. SUBLEASES LESSEE shall have the authority to sublease all
or any portion of the leased premises when acting the
scope of LESSEE'S statutory authority pursuant to Chapters 255
and 272, Florida Statutes; provided, however, that such
subleases shall conform in every respect to this lease and to
Chapter 18 -2, Florida Administrative Code, and Chapter 253,
Florida Statutes. The term for any sublease issued under this
lease shall not be greater than the amount of time remaining
under this lease. Any sublease issued under this lease not
meeting the requirements set forth herein shall be void and
without legal effect. LESSEE shall submit, immediately
Page 3 of 20
Lease No. 4442
subsequent to execution, a copy of any sublease issued under
this lease to the Bureau of Public Land Administration, Division
of State Lands, Department of Environmental Protection, Mail
Station 130, 3900 Commonwealth Boulevard, Tallahassee, Florida
32399 -3000.
13. ENVIRONMENTAL AUDIT At LESSOR'S discretion, LESSEE shall
provide LESSOR with a current Phase I environmental site
assessment conducted in accordance with the Department of
Environmental Protection, Division of State Lands' standards
prior to termination of this lease, and if necessary a Phase II
environmental site assessment.
14. SURRENDER OF PREMISES Upon expiration or termination of
this lease, LESSEE shall surrender the leased premises, to
LESSOR. In the event no further use of the leased premises or
any part thereof is needed, LESSEE shall give written
notification to the Bureau of Public Land Administration,
Division of State Lands, Department of Environmental Protection,
Mail Station 130, 3900 Commonwealth Boulevard, Tallahassee,
Florida 32399 -3000, at least six months prior to the release of
any or all of the leased premises. Notification shall include a
legal description, this lease number and an explanation of the
release. The release shall only be valid if approved by LESSOR
through execution of a release of lease instrument with the same
formality as this lease. Upon release of all or any part of the
leased premises or upon expiration or termination of this lease,
all improvements, including both physical structures and
modifications to the leased premises shall become the property
of LESSOR, unless LESSOR gives written notice to LESSEE to
remove any or all such improvements at the expense of LESSEE.
The decision to retain any improvements upon termination of this
lease shall be at LESSOR'S sole discretion. Prior to surrender
of all or any part of the leased premises, a representative of
Page 4 of 20
Lease No. 4442
the Division of State Lands shall perform an on -site inspection
and the keys to any buildings on the leased premises shall be
turned over to the Division. If the improvements do not meet
all conditions as set forth in paragraphs 18 and-21 herein,
LESSEE shall pay all cost necessary to meet the prescribed
conditions.
15. BEST MANAGEMENT PRACTICES LESSEE shall implement
applicable Best Management Practices for all activities
conducted under this lease in compliance with paragraph 18-
2.018(2)(h), Florida Administrative Code, which have been
selected,• developed, or approved by LESSOR or other land
managing agencies for the protection and enhancement of the
leased premises.
16. PUBLIC LANDS ARTHROPOD CONTROL PLAN LESSEE shall identify
and subsequently designate to the respective arthropod control
district or districts within one year of the effective date of
this lease all of the environmentally sensitive and biologically
highly productive lands contained within the leased premises, in
accordance with Section 388.4111, Florida Statutes and Chapter
5E -13, Florida Administrative Code, for the purpose of obtaining
a public lands arthropod control plan for such lands.
17. MINERAL RIGHTS This lease does not cover petroleum or
petroleum products or minerals and does not give the right to
LESSEE to drill for or develop the same, and LESSOR specifically
reserves the right to lease the leased premises for purposes of
exploring and recovering oil and minerals by whatever means
appropriate; provided, however, that LESSEE shall be fully
compensated for any and all damages that might result to the
leasehold interest of LESSEE by reason of such exploration and
recovery operations.
18. UTILITY FEES LESSEE shall be responsible for the payment
of all charges for the furnishing of gas, electricity, water and
Page 5 of 20
Lease No. 4442
other public utilities to the leased premises and for having all
utilities turned off when the leased premises are surrendered.
19. ASSIGNMENT This lease shall not be assigned in whole or
in part without the prior written consent of LESSOR. Any
assignment made either in whole or in part without the prior
written consent of LESSOR shall be void and without legal
effect.
20. PLACEMENT AND REMOVAL OF IMPROVEMENTS All buildings,
structures, improvements, and signs shall be constructed at the
expense of LESSEE in accordance with plans prepared by
professional designers and shall require the prior written
approval of LESSOR as to purpose, location, and - design.
Further, no trees other than non - native species, shall be
removed or major land alterations done without the prior written
approval of LESSOR. Removable equipment and removable
improvements placed on the leased premises by LESSEE and which
do not become a permanent part of the leased premises will
remain the property of LESSEE and may be removed by LESSEE upon
termination of this lease.
21. MAINTENANCE OF IMPROVEMENTS LESSEE shall maintain the
real property contained within the leased premises and any
improvements located thereon, in a state of good condition,
working order and repair including, but not limited to, keeping
the leased premises free of trash or litter, meeting all
building and safety codes in the location situated, and
maintaining any and all existing roads, canals, ditches,
culverts, risers and the like in as good condition as the same
may be on the effective date of this lease.
22. ENTIRE UNDERSTANDING This lease sets forth the entire
understanding between the parties as to the lease and shall only
be amended with the prior written approval of LESSOR.
Page 6 of 20
Lease No. 4442
23. BREACH OF COVENANTS, TERMS, OR CONDITIONS Should LESSEE
breach any of the covenants, terms, or conditions of this lease,
LESSOR shall give written notice to LESSEE to remedy such breach
within sixty days of such notice. In the event LESSEE fails to
remedy the breach to the satisfaction of LESSOR within sixty
days of receipt of written notice, LESSOR may either terminate
and recover from LESSEE all damages LESSOR may incur by reason
of the breach including, but not limited to, the cost of
recovering the leased premises or maintain this lease in full
force and effect and exercise all rights and remedies herein
conferred.upon LESSOR.
24. NO WAIVER OF BREACH The failure of LESSOR to insist in
any one or more instances upon strict performance of any one or
more'of the covenants, terms and conditions of this lease shall
not be construed as a waiver of such covenants, terms and
conditions, but the same shall continue in full force and
effect, and no waiver of LESSOR of any one of the provisions
hereof shall in any event be deemed to have been made unless the
waiver is set forth in writing, signed by LESSOR.
25. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES Fee
title to the leased premises is held by LESSOR. LESSEE shall
not do or permit anything to be done which purports to create a
lien or encumbrance of any nature against the real property
contained in the leased premises including, but not limited to,
mortgages or construction liens against the leased premises or
against any interest of LESSOR therein.
26. CONDITIONS AND COVENANTS All of the provisions of this
lease shall be deemed covenants running with the land included
in the leased premises, and construed to be "conditions" as well
as "covenants" as though the words specifically expressing or
imparting covenants and conditions were used in each separate
provision.
Page 7 of 20
Lease No. 4442
27. DAMAGE TO THE PREMISES (a) LESSEE shall not do, or suffer
to be done, in, on or upon the leased premises or as affecting
said leased premises or adjacent'properties, any act which may
result in damage or depreciation of value to the leased premises
or adjacent properties, or any part thereof. (b) LESSEE shall
not generate, store, produce, place, treat, release or discharge
any contaminants, pollutants or pollution,.including, but not
limited to, hazardous or toxic substances, chemicals or other
agents on, into, or from the leased premises or -any adjacent
lands or waters in any manner not permitted by law. For the
purposes of this lease, "hazardous substances!' shall mean and
include those elements or compounds defined in 42 USC Section
9601 or which are contained in the list of hazardous substances
adopted by the United States Environmental Protection Agency
(EPA) and the list of toxic pollutants designated by the United
States Congress or the EPA or defined by any other federal,
state or local statute, law, ordinance, code, rule, regulation,
order or decree regulating, relating to, or imposing liability
or standards of conduct concerning any hazardous, toxic or
dangerous waste, substance, material, pollutant or contaminant.
"Pollutants "•and "pollution" shall mean those products or
substances defined in, Chapters 376 and 403, Florida Statutes,
and the rules promulgated thereunder, all as amended or updated
from time to time. In the event of LESSEE'S failure to comply
with this paragraph, LESSEE shall, at its sole cost and expense,
promptly commence and diligently pursue any'legally required
closure, investigation, assessment, cleanup, decontamination,
remediation, restoration and monitoring of (1) the leased
premises, and (21 all off -site ground and surface waters and
lands affected by LESSEE'S such failure to comply, as may be
necessary to bring the leased premises and affected off -site
waters and lands into full compliance with all applicable
Page 8 of 20
Lease No. 4442
federal, state or local statutes, laws, ordinances, codes,
rules, regulations, orders and decrees, and to restore the
damaged property to the condition existing immediately prior to
the occurrence which caused the damage. LESSEE'S obligations
set forth in this paragraph shall survive the termination or
expiration of this lease. Nothing herein shall relieve LESSEE
of any responsibility or prescribed by law for fines,
penalties and damages levied by governmental agencies, and the
cost of cleaning up any contamination caused directly or
indirectly by LESSEE'S activities or facilities. Upon discovery
of a release of a hazardous substance or pollutant, or any other
violation of local, state or federal law, ordinance, code, rule,
regulation, order or decree relating to the generation, storage,
production, placement, treatment, release or discharge of any
contaminant, LESSEE shall report such violation to all
applicable governmental agencies having jurisdiction, and to'
LESSOR, all within the reporting periods of the applicable
governmental agencies.
26. PAYMENT OF TAXES AND ASSESSMENTS LESSEE shall assume full
responsibility for and shall pay all liabilities that accrue to
the leased premises or to the improvements thereon,, including
any and all drainage and special assessments or taxes of every
kind and all mechanic's or materialman's liens which may be
hereafter lawfully assessed and levied against the-leased
premises.
29. RIGHT OF AUDIT LESSEE shall make available to LESSOR all
financial and other records relating to this lease and LESSOR
shall have the right to audit such records at any reasonable
time. This right shall be continuous until this lease expires
or is terminated. This lease may be terminated by LESSOR'should
LESSEE fail to allow public access to all documents, papers,
Page 9 of•20
Lease No. 4442
letters or other materials made or received in conjunction with
this lease, pursuant to Chapter 119, Florida Statutes.
30. NON-DISCRIMINATION LESSEE shall not discriminate against
any individual because of that individual's race, color,
religion, sex, national origin, age, handicaps, or marital
status with respect to any activity occurring within the leased
premises or upon lands adjacent to and used as an adjunct of the
leased premises.
31. COMPLIANCE WITH LAWS LESSEE agrees that this lease is
contingent upon and subject to LESSEE obtaining all applicable
permits and complying with all applicable permits,• regulations;
ordinances, rules, and laws of the State of Florida or the
United.States or of any political subdivision or agency of
either.
32. TIME Time is expressly declared to* of the essence of
this lease.
33. GOVERNING LAW This lease shall be governed by and
interpreted according to the laws of the State of Florida.
34. SECTION CAPTIONS Articles, subsections and other captions
contained in this lease are for reference purposes only and are
in no way intended to describe, interpret, define or limit the
scope, extent or intent of this lease or any provisions thereof.
35. ADMINISTRATIVE FEE: LESSEE shall pay LESSOR an annual
administrative fee of $300. The initial annual administrative
fee shall be payable within thirty days from the date of
execution of this lease agreement and shall be prorated based on
the number of months or fraction thereof remaining in the fiscal
year of execution. For purposes of this lease agreement, the
fiscal year shall be the period extending from July 1 to June
30. Each annual payment thereafter shall be due and payable on
July 1 of each subsequent year.
Page 10 of 20
Lease No. 4442
36. SPECIAL CONDITION The following special condition shall
apply to this lease:
A. LESSEE shall provide facilities on the leased premises
for a Department of Environmental Protection laboratory and a
marine patrol office.
IN WITNESS WHEREOF, the parties have caused this lease to
be executed on the day and year first above written.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By: (SEAL)
GLORIA C. NELSON, OPERATIONS
AND MANAGEMENT CONSULTANT
MANAGER, BUREAU OF PUBLIC
LAND ADMINISTRATION, DIVISON
OF STATE LANDS, DEPARTMENT OF
ENVIRONMENTAL PROTECTION
"LESSOR"
STATE OF FLORIDA
COUNTY OF LEON
L - 7*
` ��The foregoin instrument was ack owledged before me this
day of , 20ZOZI by Gloria C. Nelson,
Operations and Management Consultant Manager, Bureau of Public
Land Administration, Division of State Lands, Department of
Environmental Protection, as agent for and on behalf of the
Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida. She is personally,known to me.
Notary Public, State'vT Florida
4" DkVA G ft 9
Print /Type No
r,' p���rim�iuw(aMc
Commission Number:
Commission Expires:
Approved "OF7 and Legality
By: DEP torn y
Page 11 of 20
Lease No. 4442
i
STATE OF FLORIDA, DEPARTMENT OF
MANAGEMENT SERVICES
BY: (SEAL)
Print Type Name
Title: —
"LESSEE" °� a
The foregoing instrument was acknowledged before me this
�' day of IDCN , 20 03, by
as 1✓lL1pr.1j 1�l �— , Sta orida,
Depaztment of Management Services. he is personally known to
me or produced as identification.
(SEAL)
Notary Public, State of
`TetRt �a rY1 �
Print Type Notary Name
Commission Number: bb- 14
Commission Expires: A — -OL@
APPFAW AS TO FORM AND LEOA M
OFFICE OF THE GENERAL. COUNSEL
77 E SERVICES
; i
Page 12 of 20
Lease No. 4442
STATE OF FLORIDA
COUNTY OF LEON
EXHIBIT "A"
A tract of land in a part of Government Lot 1, Section 9. T m 66S.,
,g.3=, on Key Vaca, Marathon, Monroe County, Florida and be nq
more particularly• described by metes and bounds as follows:
Commencing at the intersection of the West Line of Government Lot
-1, Section 9, T.66S., R: 32E., and the Northwesterly right -of -way
line of Old State Highway No. 4A, bear Northeasterly along the
Northwesterly right - of-way line of Old State Highway No. 4A for a
distance of 1396 feet to the point of beginning of the tract of
land hereinafter described; from said point of beginning, bear
North for a distance of 233.30 feet to a point; "thence bear South
87 degrees and 50 minutes West along an existing Cyclons.Fence for
a distance of 100 feet'to a point; thence bear North for 'a distance
of 138.5 feet, along an existing Cyclone Fence, to a point; thence
bear North 02 degrees, 48 minutes and 52 seconds West along an
existing Cyclone Fence for a distance of 77.4 feet to a point;
thence bear Northwesterly along an existing Cyclone Fence for a
distance of 6.62 feet to a point on the shoreline of the Bay of
Florida, said shoreline being a concrete retaining wall; thence
meander the shoreline. of the Bay of Florida (concrete retaining
wall and the natural coral rock shoreline) in a Northeasterly
direction to a point -which is 250 feet, measured at right angles
to the West =Property line of the U. S. Navy and also being Westerly
from said West Property Line of U. S. navy; thence bear South 19
degrees and 18 minutes and 40 seconds East -for a distance of 388.45
feat to a point on the Northwesterly right -of -way line of Old State
Highway No. 4A; thence bear Southwasterly along the Northwesterly
right -of -way line of Old State Highway'No. 4A for a distance of 491
feet, more or less, back to the point of beginning.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL:
Situated in the County o! Monroe, State of Florida and known as
being part of Government Lot 1, Section 9, Township 66 South, Range
32 East, on Key Vaca and further known as being a Westerly portion
of that land on said Key Vaca described in Official Record Book 364
thru 368 of Monroe County, Florida Deed Records, which exists above
the mean high water line located upon the natural'Florida Bay Shore
of Key Vaca, and being more particularly described by metes and
bounds as follows;
Commencing at the intersection of the West line of Government Lot
1, Section 9, Township 66 South, Range 32 East and the
Northwesterly Right -of -Way line of Old State Highway No. 4 -A, bear
North 74 degrees, 21 minutes, 20 seconds East along the
Northwesterly Right -of -Way line of Old State Highway No. 4 -A
1194.18 feet to •a point of curvature therein; thence continue
Northeasterly along the said Northwesterly Riqht -of -Way line of
said Old State Highway No. 4 -A on the arc of a curve deflecting to
the left 201.8T feet, said curve having a radius of 781.21 feet,
the chord of which bears North 66 degrees, 57 minutes, 16 seconds
East 201.26 feet to the POINT OF BEGINNING-of the parcel of land
herein intended to be described; from said'POINT OF BEGINNING bear
North 00 degrees, 00 minutes, 16 seconds East'224.48 feet to the
centerline of -an existing cyclone fence which bears South 88
degrees, 02 minutes, 58 seconds West; thence bear South 88 degrees,
02 minutes, 58 seconds West along the centerline of said existing
cyclone fence 99.85 feet to the centerline of an existing cyclone
fence which bears North 00 degrees, 00 minutes, 23 seconds East;
thence bear North 00 degrees, 00 minutes, 23 seconds East along the
centerline of said existing cyclone fence*137.49 feet to an angle
point therein; thence continue along the centerline of said
existing cyclone fence bearing North 03• degrees, 37 minutes, 12
seconds West 6.12 feet to its intersection with the mean high water
line within the natural Florida Bay Shore of Key' Vaca; thence
meander said mean high water line in a generally Easterly direction
on the following descriptive courses,. bearing first South 63
degrees, 24 minutes, 34.4 seconds East 7.798 feet; thence South 33
degrees, 04• minutes, 17.8 seconds East 56.629 feet;. thence south
Page 13 of 20
Lease No. 4442
77 degrees, 52 minutes, 58 seconds East 58.512 feet; thence South
85 degrees, 43 minutes, 9.7 seconds East 67.668 feet; thence North
79 degrees, 01 minutes, 15.4 seconds East 43.39 feet; thence bear
South 00 degrees, 00 minutes, 23 seconds West from said mean high
water line 76.61 feet; thence bear South 88 degrees, 02 minutes,
58 seconds West 85.03 feet; thence bear South 00 degrees, 00
minutes, 16 seconds West 213.00 feet to a point on the
Northwesterly Right -of -Way line of Old State Highway No. 4 -A;
thence bear Southwesterly along the said Northwesterly Right -of-
Way line of Old State Highway No. 4 -A on the arc of a curve
deflecting to the right 23.41 feet, said curve having a radius of
781.21 feet, the chord of which bears South 58 degrees, 41 minutes,
41.5 seconds West 23.409 feet back to the POINT OF BEGINNING and
containing 0.5000 Acres of land above the mean high water line
located upon the natural Florida Bay Shore of Key Vaca.
ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL.
Situated in the County of Monroe, State of Florida and known as
being a parcel of filled bay bottom land formerly submerged by
waters of Florida Bay contiguous to and Northerly of Government Lot
1, Section 9; Township 66 South, Range 32 east, Rey Vaca, and
further known as being a portion of those lands described in
Official Record Book 839, Pages 364 thru 368 of Monroe County
Florida Deed Records, and being more particularly described by
metes and bounds as follows:
Commencing at the intersection of the West line of Government Lot
1, Section 9, Township 66 South, Range 32 East and the
Northwesterly Right -of -Way line of Old State Highway No. 4 -A, bear
North 74 degrees, 21 minutes, 20 seconds East along the
Northwesterly Right -of -Way line of Old State Highway No. 4 -A,
1194.18 feet to a point of curvature therein; thence continue
Northeasterly along the said Northwesterly Right -of -Way line of
said Old state Highway No. 4 -A on the are of a curve deflecting to
the left 225.23 feet, said curve having a radius of 781.21 feet,
the chord of which bears North 66 degrees, 05 minutes, 45 seconds
East 224.45 feet; thence bear North 00 degrees, 00 minutes, 16
seconds East 213.00 feet; thence bear North 88 degrees, 02 minutes,
58 seconds East 85.03 feet; thence bear North 00 degrees, 00
minutes, 23 seconds East 76.61 feet to the :Wean high water line
within the natural (historic) Florida Bay Shore of Vaca Key and
POINT OF BEGINNING of the parcel of formerly submerged land herein
intended to be described; from said POINT OF BEGINNING meander said
mean high water line within the Florida Bay Shore of Vaca Key in
a generally Westerly direction on the following descriptive
courses, bearing first South 79 degrees, Ol minutes, 15 seconds.
West 43.39 feet; thence North 85 degrees, 43 minutes, 09'.7 seconds
West 67.668 feet; thence North 77 degrees, 52 minutes, 58 seconds
West 58.512 feet; thence North 33 degrees, 04 minutes, 17.8 seconds
West 56.629 feet; thence North 63 degrees, 24 minutes, 34.4 seconds
West 7.788 feet to a point on the Westerly line of that land
described in the first paragraph of Exhibit °A" Page 367 of
Official Record Book 839 of Monroe County, Florida Public Records;
thence bear North 03 degrees, 37 minutes, 12 seconds West along the
said Westerly line of lands described as aforesaid, 71.31 feet;
thence continue along the said Westerly line of lands so described
bearing North 52 degrees, 18 minutes, 52 seconds, West 6.62 feet
to a point on the mean high water line within the existing Florida
Bay Shore of the filled bay bottom land herein intended to be
described, said mean high water line being on the waterward face
of a concrete retaining wall; thence meander said mean high water
line on the face of said retaining wall bearing first North 07
degrees, 14 minutes, 24 seconds East 8.70 feet; thence North 36
degrees, 15 minutes, 57 seconds East 0.93 feet; thence South 60
degrees, 44 minutes, 03 seconds East X 14.85 feet to where said mean
high water line continues Southerly along the waterward face of a
concrete retaining wall constructed to form a boat basin consisting
of 0.839 acres of submerged land; thence meander said mean high
water line on the waterward face of said boat basin retaining wall
bearing first South 09 degrees, 42 minutes, 29 seconds West 8.52
Page 14 of 20
Lease No. 4442
feet; thence South 09'degrses, 10 minutes, 43 seconds West 6.05
feet; thence South 01 degrees, 37 minutes, 27 seconds East 6.85
feet; thence South 03 degrees,. 00 minutes, 23 seconds East 5.26
feet; thence South 07 degrees, 14 minutes, 41 seconds East 12.02
feet; thence South 09 degrees, 38 minutes, 40 seconds East 7.35
feet; thence South 16 degrees, 26 minutes, 35 seconds East 12.31
feet; thence South 33 degrees, 42 minutes, 32 seconds East 12.15
feet; thence South 40 degrees, 12 minutes, 43 seconds East 21.80
feet; thence South 41 degrees, 41 minutes, 14 seconds East 20.21
feet; thence South 48 degrees, 23 minutes, 40 seconds East 18.07
feet; thence South 66 degrees, 47 minutes, 26 seconds East 19.00
feet; thence North 20 degrees, 51 minutes, 18 seconds East 1.64
feet; thence North 52 degrees, 14 minutes, 22 seconds East 3.84
feet; thence South 81 degrees, 49 'minutes, 34 seconds East 8.66
feet; thence South 25 degrees, 04-minutes, 35 seconds East 3.58
feet; thence South 10 degrees, 20 minutes, 49 seconds West 2.78
feet; thence South 81 degrees, 58 minutes, 44 seconds East 11.45
feet; thence South 86 degrees, 38 minutes, 30 seconds East 7.56
feet; thence North 82 degrees, 12 minutes, 12 seconds East 16.10
feet; thence North 73 degrees, 24 minutes, 23 seconds East-16-61
feet; thence North 70 degrees, 30 minutes, 06 seconds East 16.46
feet; thence North 67 degrees,..32 minutes, 05 seconds East 10.03
feet; thence North 64 degrees, 46 minutes, 53 seconds East-11,66
feet; thence North 61 degrees,. OS minutes,•12 seconds East 25.86
feet; thence North 55 degrees; 49 minutes, 03 seconds East 10.45
feet; thence bear South 00 degrees, 00 minutes, 23 seconds West
from the mean high water line on the waterward face of said boat
basin retaining wail 52.78 feet back to the mean high water line
within the natural •(historic) Florida Bay Shore of Vaca Key and
POINT OF BEGINNING,• containing D.14713 Acres of filled, formerly
submerged land in Florida Bay.
NOTE: THE ABOVE DESCRIBED TRACT, LESS THE TWO EXCEPTED TRACTS IS
DESIGNATED IN YELLOW ON THE PROPERTY SKETCH ATTACHED HERETO AS
SCHEDULE "B ".
A parcel of land in a part of Government Lot 1, Section 9, T.66S.,
A.32E., at Marathon, Key Vaca, and being 'more• particularly
described by metes and bounds as follows: Commencing at the
intersection of the centerline of U. S. Highway No. 1 and the West
Line of Government Lot 1, Section 9, T.66S., R.32E., bear
Northeasterly along the centerline of U.S. highway No. 1 for a
distance of 1676.66 feet to a point; thence at right angles and
Northerly for a-distance of 155.45 feet.-to the POINT OF BEGINNING
of the parcel of land hereinafter described; from said POINT OF
BEGINNING, continue bearing Northerly and at right angles to U.S.
Highway No. 1 for a distance of 22.36 feet to a point of the
Southeasterly right -of -way line of Old State Highway No. 4A; 'thence
bear Northeasterly along the Southeasterly right -of -way line of Old
State Highway No. 4A for a distance of 359.81 feet to a point;
thence Southeasterly and it right angles to U.S. Highway No. 1 for
a distance of'190.43 feet to a point; thence Southwesterly and
parallel with U.S. Highway No. 1 for a distance of 316.80 feet back
to the POINT OF BEGINNING.
�•a
Situated in the County of Monroe, State of Florida and known as
being a part of Government Lot 1, Section 9, Township 66 South,
Range 32 East on Key Vaca and further known as being all of that
land described in the second paragraph on page 372 of Official
Record Book 839 of Monroe County, Florida Deed Records and being
more particularly described by_•metes and bounds as follows:
Page 15 of 20
Lease No. 4442
Commencing on the centerline of U.S. Highway No. 1 at its
intersection with the West line of Government Lot 1, Section 9,
Township 66 South, Range 32 East, bear North 74 degrees, 21
minutes, 20 seconds East along the said centerline of U.S. Highway
No. 'l, 1476.66 feet to its intersection with the southerly
prolongation of the easterly line of -that land described in the
second paragraph on page 372 of Official Record Book 839 of Monroe
County, Florida Deed Records; thence bear North 15 degrees, 38
minutes,. 40 seconds West along said prolongation 50.00 feet to a
point on the northerly right -of -way line of said U.S. Highway No.
1,. said point being the southeasterly corner of that land described
in the second paragraph on page 372 of Official Record-Book 839 of
Monroe County, Florida Dead Records and POINT OF BEGINNING of the
parcel of land herein intended to be described; from said.point of
beginning continue bearing -North 15 degrees, 38 minutes, 4'0 - seconds
West along the easterly line of land described as aforesaid 37.73
feet to a point on the curved southeasterly right -of -way line of
Old State Highway No. 4 -A; thence bear southwesterly along the said
southeasterly right -of -way line of Old State Highway No. 4 -A on the
arc of a curve deflecting to the right 253.78 feet, said curve
having a radius of 847.21 feet, the chord of which bears South 65
degrees, 46 minutes, 27'seconds West 252.83 feet to a point of
tangency on the said northerly right -of -way line of U.S. Highway
No. 1; thence-bear North 74 degrees, 21 minutes, 20 seconds East
along the said northerly right -of -way line of U.S. Highway No. 1,
250.00 feet back to the point of beginning and containing 0.0715
acres of land.
Situated.in the County of Monroe, State of Florida and known as
being a part of Government Lot 1; Section 9, Township 66•South,
Range 32 East on Key Vaca and further known as being all of that
land on said Key Vaca described in.Official Record Book 835, Page
2235 of Monroe County, Florida Deed Records which exists above thg�`/�135�.1
mean high water line located upon the natural Florida Bay -Shore of
Key Vaca, and being more particularly described by metes and bounds
as follows:
Commencinq• - on the centerline of U.S. Highway No. 1 at its
intersection with the West line of Government Lot 1, Section 9,
Township 66 South, Range 32 East, bear North 74 degrees,, 21
minutes, 20 seconds East along the centerline of said U.S. Highway
No. 1, 2093.46 feet to its intersection with the southerly
prolongation of the easterly line of land described in Official
Record Book 835, Page 2235 of Monroe County, Florida Deed Records;
thence bear North 15 degrees, 38 minutes, 40 seconds West along
said prolongation 464.52 feet to a point on the northwesterly
right -of -way line of Old State Highway No. 4 -A, said point being
the southeasterly corner of land described in said Official Record
Book 835, Page 2235 of Monroe County, Florida Deed Records and
POINT OF BEGINNING.of the land herein intended - to be described;
from said point of beginning continue bearing North 15 degrees, 38
minutes, 40 seconds West along the said easterly line of land
described in said Official Record Book 835, page*2235, 498.11 feet
to its intersection with the mean high water line located within
the Florida Bay Shore of Key Vaca; thence meander said mean high
water line in a generally westerly direction on the following
descriptive courses, bearing first South 23 degrees, 43 minutes,
53.3 seconds West 11.796 feet;`•thence South 14 degrees, 26 minutes,
18.5 seconds 6.864 feet; thence South 17 degrees, 24 minutes,
33.5 seconds West 17.999 feet; thence South-41 degrees, 11 minutes,
35.4 seconds West 10.131 feet;.thence South 03 degrees, 04 minutes,
47.6 seconds West 16.000 feet; thence South 56 degrees, 47 minutes,
16.9 seconds West 19.877 feet; thence South 23 degrees, 02 minutes,
34.3 seconds East 9.899 feet; thence South 64 degrees, 46 minutes,
26.4 seconds East 8.440.feet; thence South 09 degrees, 05 minutes,
Page 16 of 20
Lease No. 4442
ALSO
40.3 seconds West 4.542 feet; thence South 46 degrees, 53 minutes,
00.0 seconds East 16.383 feet; thence South 42 degrees, 27 minutes,
55.6 seconds West 3.012 feet; thence South 62 degrees, 03 minutes,
26.1 seconds East 11.023 feet; thence South 22 degrees, 37 minutes,
25.1 seconds East 15.567 feet; thence 56 degrees, 31 minutes, 28.0
saconds East 23.159 feet; thence South 25 degrees, 55 minutes, 00.3
seconds East 19.341 feet; thence South 10 degrees, 30 minutes, 15.5
seconds East 17.154 feet; thence South 05 degrees, 12 minutes, 28.7
seconds• East 23.684 feat; thence South 66 degrees, 51 minutes, 33.4
seconds West 23.420 feet; thence South 82 degrees, 45 minutes, 14.1
seconds West 17.817 feet; thence South 40 degrees, 27 minutes, 18.3
seconds West 27.726 feet; thence South 80 degrees, 24 minutes, 20.4
seconds West 11.204 feet; thence South 46 degrees, 51 minutes, 30.0
seconds West 11.673 feet; thence North 80 degrees', 02 minutes, 00.2
seconds West 6.199 feet; thence South 33 degrees, 07 minutes, 38.5
seconds West 10.633 feet; thence South 78 degrees, 10 minutes, 42.3
seconds West 17.320 feet; thence North 45 degrees, 30 minutes, 01.7
seconds West 6.634 feet; thence South 71 degrees, 06 minutes, 52.9
saconds West 5.441 feet; thence North 43 degrees, 10-minutes, 06.8
seconds West 11.087 feet; thence North 86 degrees 55 minutes, 25.8
seconds West 9.952 feet; thence South 18 degrees, 45 minutes, 29.0
saconds West 3.745 feet; thence South 89 degrees, 19 minutes, 37.9
seconds West 7.347 feat; thence South 48 degrees, 02 minutes, 48.1
seconds West 15.473 feet; thence North Be degrees, of minutes, 55.6
seconds West 12.121 feet; thence South 45 degrees, 58 minutes, 38.5
seconds West 3.941 feet; thence North 67 degrees, 38 minutes, 53.6
seconds West 6.978 feet; thence South 55 degrees, 19 minutes, 35.7
seconds West 16.504 feet; thence North 43 degrees, 23 minutes, 40.9
seconds West 9.660 feet; thence South 18 degrees, 21 minutes, 21.1
seconds West 6.176 feet; thence North 82 degrees, 05 minutes, 59.8
seconds West 8.727 feet; thence South 60 degrees, 48 minutes, 38.6
seconds West 7.301 feet; thence South 17 degrees, 05 minutes, 04.2
seconds West 10.759 feet; thence South 85 degrees, 53 minutes, 17.5
seconds West 5.379 feet; thence South 45 degrees, 37 minutes, 23.7
seconds West 2.124 'feet; to the intersection of said mean high
water line with the westerly line of land described in said
Official Record Book 635, Page 2235, said westerly line being also
the most easterly line of those lands on Key Vaca described in
Official Record Book 839 at Page 367 of Monroe County, Florida Deed
Records; thence bear South 19 degrees, 18 minutes, 40 seconds East
along the said westerly line of those lands described in Official
Record Book 835, Page 2235, 396.62 feet to a point on the said
northwesterly right -of -way line of Old State Highway No. 4 -A;
thence bear North 45 degrees, 38 minutes, 20 seconds East along the
said northwesterly right -of -way line of Old State Highway No. 4-
A, 85.05 feet to a point of curvature therein; thence continue
northeasterly along said right -of -way line on the arc of a curve
deflecting to the right 164.33 feet, said curve having a radius of
913.26 feet, the chord of which bears North 50 degrees, 47 minutes,
40 seconds East 164.10 feet back to the point of beginning and
containing 1.99739 acres of land above the mean high water line
located upon the natural Florida Bay Shore of Key Vaca.
ALSO �[J0�
COMMENCING at the intersection of the West Line of Government Loth
1, Section 9, Township 66 South, Range 32 East, Tallahassee
Meridian, Key Vaca, Monroe County, Florida, and the centerline of
U.S. Highway No. 1, as existing July 20, 1957; thence North 74
degrees 21 minutes 20 seconds East, 1608.66 (1608.69) feet, along
said centerline, thence North 15 degrees 38' 40" West, 50 feet to
the Northerly right -of -way line of U.S. Highway No. 1, the POINT
OF BEGINNING, thence continue North 15 degrees, 38 minutes and 40
seconds West, 91.12 feat to a point that is on the arc of a 6
degrees 45' curve (09 degrees 38' 26 West, also being the
Southerly right- of-way line of Florida State Highway No. 4A; thence
Southwesterly along said arc, 142.55 feet, thence South 15 degrees
38' 40" East, 37.73 feet to the Northerly right -of -way line. of U.S.
Highway No. 1; thence North 74 degrees, 21 minutes and 20 seconds
East, 132.00 feet, along said right -of -way line, to the POINT of
BEGINNING.
Page 17 of 20
Lease No. 4442
Situated in the County of Monroe, State of Florida and known
being a part of Government Lot 1, Section 9, Township 66 South,
Range 32 East on Rey Vaca and further known as being a portion of
Old State Highway No. 4 -A, and being mote particularly described
by metes and bounds as follows:
Commencing"on the centerline of'-U.S. Highway No. 1 at its
intersection with the West line of Government Lot 1, Section 9,
Township 66 South, Range 32 East, bear North 74 degrees, 21
minutes, 20 seconds East along the said centerline of U.S.
Highway No. 1, 1676.66 feet to its intersection with the
southerly prolongation of the westerly line of that land
described in Official Record Book 1077, Page 1576 and 1577 of
Monroe County, Florida Deed Records:. thence bear North 15
degrees, 38 minutes, 40 seconds West along said prolongation
155.45 feet to the southwesterly corner of that land described as
aforesaid; from said point continue beairing North 15 degrees 38
minutes, 40 seconds West along the said westerly line of land
described as aforesaid 22.28 feet to the northwesterly corner
thereof'located on the southeasterly right - of-way line of Old
State Highway No. 4-A and POINT OF BEGINNING of that portion of
old State Highway 4 -A herein intended to be.described: from said
point of beginning bear North 45 degrees, 38 minutes, 20 seconds
East along the said southeasterly right -of -way line of Old State
Highway No. 4 -A, 339.88 feet to a point of curvature therein;
thence continue northeasterly along said right -of -way line on the
are of a curve deflecting to the right 21.21 feet, said curve
having a radius of 847.26 feet, the chord of whibh•bears North 46
degrees, 21 minutes, 22 seconds East 21.21 feet to the
northeasterly corner of land described as aforesaid in Official
Record Book 1077; Page 1576 and 1577 of.Monros County, Florida
Deed Records; thence bear North 42 degrees, 55 minutes; 37
seconds West, on a line radial said curve, 33.00 feet to the
centerline of Old State Highway 4 -A; thence bear northeasterly
along said centerline on the are of a curve deflecting to the
right 136.36 feet, said curve having'a radius of 880.26 feet, the
chord of which bears North 51 degrees, 30 minutes, 39.seconds
East 136.22 feet, to a point thereon; thence bear North 34
degreas,•03 minutes, 05 seconds West on a line radial to said
curve, 33.00 feet to a point on the northwesterly right -of -way
line of Old State Highway No. 4 -A; said point being also the
southeasterly corner of those lands described in Official Record
Book 1077, Pages 1578 to 1580 of Monroe County, Florida Public
Records; thence bear southwesterly along said northwesterly
.right -of -way on the arc of a curve deflecting to the left 164.33
feet said curve having a radius of 913.26 feet, the chord of
which bears South 50 degrees, 47 minutes, 40 seconds West 164.10
feet thence continue South 45 degrees, 38 minutes, 20 seconds
West along said northerly right -of -way line 339.89 feet to a
point which bears North 44 degrees, 21 minutes, 40 seconds West
66.00 feet from the point of beginning; thence bear South 44
degrees, 21 minutes, 40 seconds Rant 66.00 feet back to the point
of beginning and containing 0.6536 acres of land.
Page 18 of 20
Lease No. 4442
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCELS:
LEGAL D88CRIBTIONs MONROE COVETY LEASE PARCEL 1
(COUM AD1[MSTAATION FACILITY)
BEING A PARCEL OF LAND, SITUATE IN GOVERNMENT LOT 1, SECTION 9,
TOWNSHIP 66 SOUTH, RANqX.32 EAST, NONAOS COUNTY, FLORIDA, ALSO
BEING ALL OF PARCEL "A. " OF.,THOSB LANDS DEEDED FROM DYKSTRA TO
T.I.I.F. PER OFFICIAL RECORD BOOK 1077, PAGES 1576 AND 1577 OF
THE PUBLIC RECORDS OF SAID MbNROE COUNTY, TOGETHER WITH A PORTION
OF PARCEL JBN 01 THOSE LANDS DEEDED FROM DYKSTRA.TO T.I.I.F. PER
OFFICIAL CORD HOOK 1077r -PAGES 1578 THROUGH 1580 OF THE
AFORE PUBLIC RECORDS., TOGETHER WITH A PORTION OF THOSE. LANDS
KNOWN .AS l STATE HIGHWAY 4 —A ", ALL BEING MORE PARTICULARLY
DES CRIBED BY METES AND BOUNDS AS FOLLOWS:
COI+IMg�CING ON THE CENTERLINE OF U.S. HIGHWAY •NO. 1 AT ITS
INTERSECTION WITH THE WEST LINE OF GOVERNMENT LOT 1, SECTION 9,
TOWNSHIP 66•.SOUTH, RANGE 32 EAST= THENCE BEAR NORTH 73
EAST ALONG THE AFORESAID CENTERLINE OF U.S. HIGHWAY NO. 1, A
DISTANCE OF 1676.66 FEET TO ITS INTERSECTION WITH THE SOUTHERLY
PROLONGATION OF THE WESTERLY LINE OF THE AFORESAID LAND DESCRIBED
AS PARCEL "A -2" IN OFFICIAL.RECORD BOOR 1077, PAGES 1576 AND - 1577
OF THE SAID PUBLIC RECORDS; THENCE BEAR NORTH 16 WEST
ALONG SAID SOUTHERLY PROLONGATION, A DISTANCE OF 155.45 FEET TO
THE PAINT —OF— BEGINNING
FROM THE POINT —OF— BEGINNING SAID POINT BEING THE SOUTHWESTERLY
CORNER OF SAID PARCEL "A -2"; THENCE BEAR NORTH 73 EAST
ALONG THE SOUTH LINE OF SAID PARCEL "A -2 A DISTANCE OF 316.80
FEET TO-THE SOUTHEASTERLY CORNER OF SAID PARCEL "A -2 ", THENCE
NORTH 16.09.55" WEST ALONG THE EASTERLY LINE OF SAID PARCEL "A-
2 ", A DISTANCE OF 195.54 FEET TO THE NORTHEASTERLY CORNER OF SAID
PARCEL "A -2 0 ;•THENCE NORTH 43- 26P52" WEST A DISTANCE OF 33.00 -
FEET TO A POINT ON THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST,
SAID CURVE BEING THE CENTERLINE OF SAID "OLD STATE HIGHWAY 4 —A",
HAVING A RADIUS.OF 880.26 FEET, AND FROM WHICH A RADIAL LINE
BEARS SOUTH 43 EAST; THENCE ALONG THE ARC OF SAID CURVE IN
A NORTHEASTERLY DIRECTION, SUBTENDED.BY A CENTRAL ANGLE OF
02- 42 ", AN ARC DISTANCE OF 41.57 FEET; THENCE DEPARTING SAID
CURVE, NORTH 16 *55" WEST A DISTANCE OIr 16.56 FEET; THENCE
SOUTH 73 WEST A DISTANCE OF 63.79 FEET; THENCE NORTH
16 WEST A DISTANCE OF 5.00 FEET; THENCE SOUTH 73.50
WEST A DISTANCE OF-16.50 FEET, THENCE S0UTH'16'09 „ 55” EAST A
DISTANCE OF 69.20 FEET TO A POINT ON A LINE LYING 5.50
SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE OF AFORESAID
".OLD STATE HIGHWAY 4 —A ", THENCE ALONG SAID PARALLEL LINE SOUTH
45 8 07 0 05 "'WEST, A DISTANCE OF 310.12 FEET, THENCE DEPARTING SAID
PARALLEL LINE SOUTH 44 °52 EAST A DISTANCE OF 27.50 FEET TO
THE NORTHWESTERLY CORNER OF AFORESAID PARCEL "A -2 "; THENCE SOUTH
16 EAST ALONG THE WESTERLY LINE OF SAID PARCEL "A -2 ",
DISTANCE OF 22.28 FEET TO THE POINT OF BEGINNING
THE ABOVE DESCRIBED PARCEL CONTAINS 47,782.08 SQUARE FEET OR
1.09693 ACRES.
FOR THE PURPOSE OF THIS DESCRIPTION BEARINGS ARE RELATIVE TO
NATIONAL ADJUSTED DATUM 1983, NATIONAL GEODETIC SURVEY OF 1990,
ZONE 0901 FLORIDA EAST WITH•THE CENTERLINE OF U.S. HIGHWAY NO. 1
BEARING NORTH 73- 50 EAST.
LEGAL DESCRIPTIONS HONROE COUNTY LHABE PARCEL
(81hMOR TREATMENT FACILITY)
BEING A PARCEL OF LAND, SITUATE IN GOVERNMENT LOT 1, SECTION 9,
TOWNSHIP 66 SOUTH, RANGE 32 EAST, MONROE COUNTY, FLORIDA, ALSO
BEING A PORTION OF PARCEL "B" OF THOSE LANDS DEEDED FROM DYRSTRA
TO T.I.I.F. PER OFFICIAL RECORD BOOK 1077, PAGES 1578 THROUGH
1580 OF THE PUBLIC RECORDS OF SAID MONROE COUNTY, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
Page 19-of 20
Lease No. 4442
•'p
L
CI0104ENCZNG ON THE CENTERLINE'OF U.S. HIGHWAY NO. 1 AT ITS
INTERSECTION WITH THE WEST LINE OF GOVERNMENT LOT 1, SECTION 9,
TOWNSHIP 66 SOUTH, RANGE 32 EAST; .THENCE BEAR NORTH 73 *'05"
EAST ALONG THE AFORESAID CENTERLINE OF U.S. HIGHWAY NO. 1, A
DISTANCE OF 1676.66 FEET TO INTERSECTIION WITH THE SOUTHERLY
PROLONGATION OF THE WESTERLY LINE OF THOSE LANDS'DEEDED FROM
DYKSTRA TO T.I.I.F., DESCRIBED AS PARCEL "A -2", IN OFFICIAL
RECORD BOOR 1077, PAGES 1576 AND 1577 OF THE SAID PUBLIC RECORDS;
THENCE BEAR NORTH 16 ALONG SAID SOUTHERLY
PROLONGATION, A DISTANCE OF 155.45 FEET TO THE SOUTHWESTERLY
CORNER.OF SAID PARCEL "A -2 ", THENCE BEAR NORTH 73.50 EAST
ALONG THE SOUTH LINE OF SAID PARCEL "A -2 A DISTANCE OF 316.80
FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL; "A -2 "; THENCE
NORTH 16•09P55" WEST ALONG THE EASTERLY LINE OF SAID PARCEL "A-
2 ", A DISTANCE OF 195.54 FEET TO THE NORTHEASTERLY CORNER OF SAID
PARCEL "A -2"; THENCE NORTH 43 WEST A DISTANCE OF 33.00
FEET TO A POINT ON THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST,
SAID CURVE BEING THE CENTERLINE OF SAID "OLD STATE HIGHWAY 4 -A ",
HAVINd A RADIUS OF 880.26 FEET, AND FROM WHICH A RADIAL LINE
BEARS SOUTH 43 EAST; THENCE ALONG THE ARC OF SAID CURVE IN
A NORTHEASTERLY SUBTENDED BY A CENTRAL ANGLE OF
08- 52 ", AN ARC DISTANCE OF 136.36 FEET; THENCE NORTH 34034
WEST A DISTANCE OF 33.00-FEET TO THE SOUTHEASTERLY CORNER OF
AFORESAID PARCEL "B"; THENCE ALONG THE EASTERL.Y.LINE AFORESAID
PARCEL "B" NORTH 16 WEST, & DISTANCE OF 183.03 FEET TO THE
POINT -OF- BEGINNING.
FROM THE POINT -OF- BEGINNING CONTINUE ALONG SAID EASTERLY LINE OF
AFORESAID PARCEL '!B ", NORTH 16 #55" WEST A DISTANCE OF 48.00
FEET; THENCE SOUTH 73 WEST A DISTANCE OF 23.00 FEET;
THENCE SOUTH 16 EAST A DISTANCE OF 48.00 FEET; THENCE
NORTH 73 EAST A DISTANCE OF 23.00 FEET TO THE POINT -OF-
BEGINNING
THE ABOVE DESCRIBED PARCEL CONTAINS 1,104 SQUARE FEET OR 0.02T34
ACRES.
ALSO L$SS AND EXCEPT TBE FOLLOWING DESCRIBED PARCEL:
A PARCEL'OF LAND LYING fN SECTION 9,. TOWNSHIP 66 SOUTH, RANGE 32 - EAST.
MONROE COUNTY. FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWSo
COMMENCE AT THE CENTERLINE OF U.S. HIGHWAY I AT ITS INTERSECTION WITH
THE WEST LINE OF GOVERNIrENT•LOT L OF SAID SECTION 90 THENCE ALONG SAID
CENTERLINE N74 A DISTANCE OF 209 46 FEET TO INTERSECTION OF THE
SOUTHERLY PROLONGATION OF THE EASTERLY• LINE'OF LAND Ag DESCRIBEDA N'
OFFICIAL RECORD BOOK 83S.-PAGE 2235 OF THE'PIMLIC RECORDT OF MONROE•-
COUNTY, FLORIDA, THENCE ALONG SAID PROLONGATION AND SAID EASTERLY
LINE NIS•38 A DISTANCE OF 663.71 FEET, THENCE 574.21'20'W. A DISTANCE OF
149.79 FEET. TO THE POINT OF BEGINNINGt THENCE S71.56'57"W A DISTANCE OF 82.76
.-FEETt THENCE N16.35 A DISTANCE OF 22.83 FEETi THENCt N40'41 A
DISTANCE OF 54.63 FEET] THENCE N81•IO A DISTANCE OF 40.46 FEET: THENCE
SI9 •21'20 A DISTANCE OF 44.94 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 3551 §WARE FEET (0.08 ACRE); MORE
OR LESS:
Page 20 of 20
Lease No. 4442
OALalol
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUNDOF THE STATE OF FLORIDA
LEASE AGREEMENT
MONROE COUNTY REGIONAL SERVICE CENTER
MARATHON
Lease No. 4033
IS LEASE AGREEMENT, made and entered into this .
day
of 1915 between the BOARD OF TRUSTEES OF THE
fO TRUST FUND OF THE STATE OF FLORIDA
hereinafter referred to as "LESSOR", and MONROE COUNTY,
hereinafter referred to as "LESSEE."
LESSOR, for and in consideration of mutual covenants and
agreements hereinafter contained, does hereby lease to said
LESSEE the lands described in paragraph 2 below, together with
the improvements thereon, and subject to the following terms and
conditions:
1 - D$LEGATIONS OF AUTHeRTmv LESSOR'S responsibilities
and obligations herein shall be exercised by the Division of
State Lands, Department Of Environmental Protection.
2 • DESCRIPTION OF PRFNITM
The property subject to this
lease, is situated in the County of Monroe, State of Florida and
is more particularly described in Exhibit "A" attached hereto and
hereinafter referred to as the "leased premises ".
3. ZW-' The term of this lease shall be for a period of
fifty (50) years commencing on l it a �r S 14 dr ,
and ending
on d 1 K t r a p , unless sooner terminated
pursuant to
the provisions of this lease.
4. ME : The LESSEE shall manage the leased premises
only for the establishment and operation of an administrative
office building and package treatment plant, along with other
related uses necessary for the accomplishment of this purpose as
designated in the Management Plan required by paragraph 8 of this
lease.
5. QUIET ENTOYMENT elan
Ri um OF US� LESSEE shall have
the right of ingress and egress to, from and upon the leased
Page 1 of 14 EXHIBIT
Lease No. 4033
Promises for all purposes necessary to the full quiet enjoyment
by said LESSEE of the rights conveyed herein.
6. UNAUT80R�ED 1jQF
LESSEE shall, through its agents and
employees, prevent the unauthorized use of the leased premises or
any use thereof not in conformance with this lease.
7. ASS= cNM =m ; This lease shall not be assigned in whole
or in part without the prior written consent of LESSOR. Any
assignment made either in whole or in part without the prior
written consent of LESSOR shall be void and without legal effect.
8. MANAGEMENT pr I, ; LESSEE shall
Prepare and submit a
Management Plan for the leased premises, in accordance with
Chapters 18 -2 and 18 -4, Florida Administrative Code, within 12
months of the effective date of this lease. The Management plan
shall be submitted to LESSOR for approval through the Division of
State Lands. The leased premises shall not be developed or
Physically altered in any way other than ,what is necessary for
security and maintenance of the leased premises without the prior
written approval of LESSOR until the Management plan is approved.
LESSEE shall provide LESSOR with an
O pportunity to participate in
all phases of preparing and developing the Management Plan for
the leased premises. The Management Plan shall be submitted to
LESSOR in draft form for review and comments within ten months of
the effective date of this lease. LESSEE shall give LESSOR
reasonable notice of the application for and receipt of any
state, federal or local permits as well as any public hearings or
meetings relating to the development or use of the leased
premises. LESSEE shall not proceed with development of said
leased promises including, but not limited to, funding, permit
application, design or building contracts, until the Management`'
Plan required herein has been submitted and approved. Any
financial commitments made ,by_LESSEE which are not in compliance
with the terms of this lease shall be done at LESSEES own risk.
The Management Plan shall emphasize the original management
concept as approved by LESSOR on the effective date of this lease
which established the primary public purpose for which the leased
Promises are to be managed. The approved Management Plan shall
Page 2 of 14
Lease No. 4033
provide the basic guidance for all management activities and
shall be reviewed jointly by LESSEE and LESSOR at least every
five (5) years. LESSEE shall not use or alter the leased
premises except as provided for in the approved Management Plan
without the prior written approval of LESSOR. The Management
Plan prepared under this lease shall identify management
strategies for exotic species, if present. The introduction of
exotic species is prohibited, except when specifically authorized
by the approved Management Plan.
9. EANUMUM All easements including, but not limited
to, utility easements are expressly prohibited without the prior
written approval of LESSOR Any easement not approved in writing
by LESSOR shall be void and without legal effect.
10. SUBS This agreement is for the purposes
specified herein and subleases of any nature are prohibited,
without the prior written approval of LESSOR. Any sublease not
approved in writing by LESSOR shall be void and without legal
effect.
11. BIGHT OF NfCD -M v^v: LESSOR or its duly authorized
agents, representatives or employees shall have the right at any
and all times to inspect the leased premises and the works and
operations of LESSEE in any matter pertaining to this lease.
12. gyACFWrKT Atari F'w► .. OF TwrPBQV ri+a All buildings,
structures, improvements, and signs shall be constructed at the
expense of LESSEE in accordance with plans prepared by
professional designers and shall require the prior written
approval of LESSOR as to purpose, location and design. Further,
no trees, other than non - native species, shall be removed or
major land alterations done without the prior written approval of
LESSOR. Removable equipment and removable improvements placed on
the leased premises by LESSEE which do not become a permanent
part of the leased premises will remain the property of LESSEE
and may be removed by LESSEE upon termination of this lease.
13. INS_ Ulz_ U RFOCLLEM During the term of this lease
LESSEE shall procure and maintain policies of fire, extended
risk, and liability insurance coverage. The extended risk and
Page 3 of 14
Lease No. 4033
fire insurance coverage shall be in an amount equal to the full
insurable replacement value of any improvements or fixtures
located on the leased premises. The. liability insurance coverage
shall be in amounts not less than $100000.00 per occurrence and
$200,000.00 per accident for personal injury, death, and property
damage on the leased premises. Such policies of insurance shall
name LESSOR, the State of Florida and LESSEE as co- insureds.
LESSEE shall submit written evidence of having procured all
insurance policies required herein prior to the effective date of
this lease and shall submit annually thereafter, written evidence
of-maintaining such insurance policies to the Bureau of Land
Management Services, Division of State Lands, Department of
Environmental Protection, 3900 Commonwealth Boulevard,
Tallahassee, Florida 32399. LESSEE shall purchase all policies
of insurance from a financially - responsible insurer duly
authorized to do business in the State of Florida. LESSEE shall
immediately notify LESSOR and the insurer of any erection or
removal of any building or other improvement on the leased
premises and any changes affecting the value of any improvements
and shall request the insurer to make adequate changes in the
coverage to reflect the changes in value. LESSEE shall be
financially responsible for any loss due to failure to obtain
adequate insurance coverage, and the failure to maintain such
Policies or certificate in the amounts set forth shall constitute
a breach of this lease.
14. LjADIy ; Each party is responsible for all
personal
injury and property damage attributable to the negligent acts or
omissions of that party and the officers, employees and agents
thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign immunity enjoyed by any party hereto, as
Provided in Section 768.26, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
15. PAYMENT OF TAXES ANn aNZAMRM
LESSEE shall assume
full responsibility for and shall pay all liabilities that accrue
to the leased premises or to the improvements thereon, including
any and all ad valorem taxes and drainage and special assessments
Page 4 of 14
Lease No. 4033
or taxes of every kind and all mechanic's or materialman's liens
which may be hereafter lawfully assessed and levied against the
leased premises.
16. NO WAIMM OF AR EACH The failure of LESSOR to insist
in any one or more instances upon strict performance of any one
or more of the covenants, terms and conditions of this lease
shall not be construed as a waiver of such covenants, terms or
conditions, but the same shall continue in full farce and effect,
and no waiver of LESSOR of any of the provisions hereof shall in
any. event be deemed to have been made unless the waiver is set
forth in writing, signed by LESSOR.
17. TM : Time is expressly declared to be of the essence
of this lease.
18. NON DISCRIMIKATTON LESSER shall not discriminate
against any individual because of that individual's race, color,
religion, sex, national origin, age, handicap, or marital status
with respect to any activity occurring within the leased premises
or upon lands adjacent to and used as an adjunct of the leased
premises.
19. UTILTTY FEES LESSEE shall be responsible for the
payment of all charges for the furnishing.of gas, electricity,
water and other public utilities to the leased premises and for
having all utilities turned off when the leased premises are
surrendered.
20. MIN T. D This lease does not cover petroleum or
petroleum products or minerals and does not give the right to
LESSEE to drill for or develop the same, and LESSOR specifically
reserves the right to lease the leased premises for purpose of
exploring and recovering oil and minerals by whatever means
appropriate; provided, however, that LESSEE named herein shall be
fully compensated for any and all damages that might result to
the leasehold interest of said LESSEE by reason of such
exploration and recovery operations.
21. RL(,HT OF &U= LESSEE shall
make available to LESSOR
all financial and other records relating to this lease, and
LESSOR shall have the right to either audit such records at any
Page 5 of 14
Lease No. 4033
reasonable time or require the submittal of an annual independent
audit by a Certified Public Accountant during the term of this
lease. This right shall be continuous until this lease expires
or is terminated. This lease may be terminated by LESSOR should
LESSEE fail to allow public access to all documents, papers,
letters or other materials made or received in conjunction with
this lease, pursuant to the provisions of chapter 119, Florida
Statutes.
22. CONDITION OF pREMIcFC LESSOR assumes no liability or
obligation to LESSEE with reference to the condition of the
leased premises. The leased premises herein are leased by LESSOR
to LESSEE in an "as is" condition, with LESSOR assuming no
responsibility for the care, repair, maintenance or improvement
of the leased premises for the benefit of LESSEE.
23. COMPLIANCE WITH awa LESSEE agrees that this lease is
contingent upon and subject to LESSEE obtaining all applicable
permits and complying with all applicable permits, regulations,
ordinances, rules, and laws of the State of Florida or the United
States or of any political subdivision or agency of either.
24. NOTICE All notices given under this lease shall be in
writing and shall be served by certified mail including, but not
limited to, notice of any violation served pursuant to 253.04,
Florida Statutes, to the last address of the party to whom notice
is to be given, as designated by such party in writing. LESSOR
and LESSEE hereby designate their address as follows:
LESSOR: Department of Environmental Protection
Division of State Lands
Bureau of Land Management Services
3900 Commonwealth Boulevard
Tallahassee, FL 32399
LESSEE: County Attorney and c
County of Monroe qty Administrator
310 Fleming Street, Room 29 51 00 College Road
Key West, FL 33040 Key West, FL 33040
25. BgEA 11 OF COVENANTS TERMS nn 291i71T21
Should
LESSEE breach any of the covenants, terms, or conditions of this
lease, LESSOR shall give written notice to LESSEE to remedy such
breach within sixty (60) days of such notice. In the event
LESSEE fails to remedy the breach to the satisfaction of LESSOR
within sixty (60) days of receipt of written notice, LESSOR may
Page 6 of 14
Lease No. 4033
either terminate this lease and recover from LESSEE all damages
LESSOR may incur by reason of the breach including, but not
limited to, the cost of recovering the leased premises and
attorneyst fees or maintain this lease in full force and effect
and exercise all rights and remedies herein conferred upon
LESSOR.
26. DAMAGE To THE FRRQtSRS (A) LESSEE shall not do, or
suffer to be done, in, on or upon the leased premises or as
affecting said leased premises or adjacent properties, any act
which may result in damage or depreciation of value to the leased
premises or adjacent properties, or any part thereof. (H) Lessee
shall not generate, store, produce, place, treat, release or
discharge any contaminants, pollutants or pollution, including,
but not limited to, hazardous or toxic substances, chemicals or
other agents on, into, or from the leased premises or any
adjacent lands or waters in any manner not permitted by law. For
the purposes of this lease, "hazardous substances" shall mean and
include those elements or compounds defined in 42 USC Section
9601 or which are contained in the list of hazardous substances
adopted by the United States Environmental Protection Agency
(EPA) and the list of toxic pollutants designated by the United
States Congress or the EPA or defined by any other federal, state
or local statute, law, ordinance, code, rule, regulation, order
or decree regulating, relating to, or imposing liability or
standards of conduct concerning any hazardous, toxic or dangerous
waste, substance, material, pollutant or contaminant.
"Pollutants" and "pollution" shall mean those products or
substances defined in Florida Statutes, Chapter 376 and Chapter
403 and the rules promulgated thereunder, all as amended or
updated from time to time. In the event of LESSEE's failure to
comply with this paragraph, LESSEE shall, at its sole cost and
expense, promptly commence and diligently pursue any legally
required closure, investigation, assessment, cleanup,
decontamination, remediation, restoration and monitoring of (1)
the leased premises, and (2) all off -site ground and surface
waters and lands affected by LESSEE such failure to comply, as
Page 7 of 14
Lease No. 4033
may be necessary to bring the leased premises and affected off -
site waters and lands' into full compliance with all applicable
federal, state or local statutes, laws, ordinances, codes, rules,
regulations, orders and decrees, and to restore the damaged
property to the condition existing immediately prior to the
occurrence which caused the damage. LESSEE's obligations set
forth in this paragraph shall survive the termination or
expiration of this lease. This paragraph shall not be construed
as a limitation upon LESSEE•s obligations regarding
indemnification and payment of costs and fees as set forth in
Paragraph 14 of this lease, nor upon any other obligations or
responsibilities of LESSEE as set forth herein. Nothing herein
shall relieve LESSEE of any responsibility or liability
prescribed by law for fines, penalties and damages levied by
governmental agencies, and the cost of cleaning up any
contamination caused directly or indirectly by LESSEE•s
activities or facilities. Upon discovery of a release of a
hazardous substance or pollutant, or any other violation of
local, state or federal law, ordinance, code, rule, regulation,
order or decree relating to the generation, storage, production,
placement, treatment, release or discharge of any contaminant,
LESSEE shall report such violation to all applicable governmental
agencies having jurisdiction, and to LESSOR, all within the
reporting period of the applicable agency.
27. SURRENDER OF P EMTCFC Upon termination or expiration
of this lease, LESSEE shall surrender the leased premises to
LESSOR. In the event no further use of the leased premises or
any part thereof is needed, LESSEE shall give written
notification to LESSOR and the Bureau of Land Management
Services, Division of State Lands, Department of Environmental
Protection, 3900 Commonwealth Boulevard, Tallahassee, Florida
32399 at least six (6) months prior to the release of any or all
of the leased premises. Notification shall include a legal
description, this lease number, and an explanation of the
release. The release shall only be valid if approved by LESSOR
through the execution of a release of lease instrument with the
Page a of 14
Lease No. 4033
same formality as this lease. Upon release of all or any part of
the leased premises or upon termination or expiration of this
lease, all improvements, including both physical structures and
modifications to the leased premises shall become the property of
LESSOR, unless LESSOR gives written notice to LESSEE to remove
any or all such improvements at the expense of LESSEE. The
decision to retain any improvements upon termination or
expiration of this lease shall be at LESSOR'S sole discretion.
Prior to surrender of all or any part of the leased premises a
representative of the Division of State Lands shall perform an
on -site inspection and the keys to any building on the leased
premises shall be turned over to the Division. If the
improvements, do not most all conditions as set forth in
paragraphs 19 and 35 herein, LESSEE shall pay all costs necessary
to meet the prescribed conditions.
28. BEST MANAGEMENT PRACTICES LESSEE shall implement
applicable Best Management Practices for all activities conducted
under this lease in compliance with paragraph 18- 2.004(1)(d),
Florida Administrative Code, which have been selected, developed,
or approved by LESSOR or other land managing agencies for the
protection and enhancement of the leased premises.
29. PROHIBITIONS AGAINST LIENS OR OTHER EN nMg NCES Fee
title to the leased premises is held by LESSOR. LESSEE shall not
do or permit anything to be done which purports to create a lien
or encumbrance of any nature against the real property contained
in the leased premises including, but not limited to, mortgages
or construction liens against the leased premises or against any
interest of LESSOR therein.
30. PARTIAL INVALIDITY If any term, covenant, condition
or provision of this lease shall be ruled by a court of competent
jurisdiction, to be invalid, void, or unenforceable, the
remainder shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
31. ARCHAEOLOGICAL AND HISTORIC SITES Execution of this
lease in no way affects any of the parties obligations pursuant
to Chapter 267, Florida Statutes. The collection of artifacts or
Page 9 of 14
Lease No. 4033
the disturbance of archaeological and historic sites on state -
owned lands is prohibited unless prior authorization has been
obtained from the Department of State, Division of Historical
Resources. The Management Plan prepared pursuant to Chapters
18 -2 and 18 -4, Florida Administrative Code, shall be reviewed by
the Division of Historical Resources to insure that adequate
measures have been planned to locate, identify, protect and
preserve the archaeological and historic sites and properties on
the leased premises.
32. SOVEREIGNTY SUBMERGED moo This Lease does not
authorize the use of any lands located waterward of the mean or
ordinary high water line of any lake, river, stream, creek, bay,
estuary, or other water body or the waters or the air space
thereabove.
33. DUPLICATE ORIGINALS This lease is executed in
duplicate originals each of which shall be considered an original
for all purposes.
34. ENTiRS UNDERSTANDING- This lease sets forth the entire
understanding between the parties and shall only be amended with
the prior written approval of LESSOR.
35. MAINTENANCE OF IMPR VEMENTS LESSER shall maintain the
real property contained within the leased premises and any
improvements located thereon, in a state of good condition,
working order and repair including, but not limited to, keeping
the leased premises free of trash or litter, maintaining all
planned improvements as set forth in the approved Management
Plan, meeting all building and safety codes in the location
situated and maintaining any and all existing roads, canals,
ditches, culverts, risers and the like in as good condition as
the same may be on the effective date of this lease.
36. GOVERNING L•aw This lease shall be governed by and
interpreted according to the laws Of the State of Florida.
37. SECTION CAPTIONS Articles, subsections and other
captions contained in this lease are for reference purposes only
and are in no way intended to describe, interpret, define or
Page 10 of 14
Lease No. 4033
limit the scope, extent or intent of this lease or any provisions
thereof.
IN WITNESS WHEREOF, the parties have caused this lease to be
executed on the day and year first above written.
BOARD OF TRUSTEES OF THE INTERNAL
IrrnROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
Y: SEAL)
CHIEF, BUREAU Or LAND
MANAGEMENT SERVICES, DIVISION
OF STATE LANDS, DEPARTMENT OF
ENVIRONMENTAL PROTECTION
*LESSOR"
STATE OF FLORIDA
COUNTY OF LEON
�/ahe foreq ck
q instrument was anowledged before me this
5 day of, 19 by Daniel T. Crabb, as
Chief, Burea ! Land M nagement Services, Division of State
Lands, Depa nt of Environmental Protection, as agent for and
on behalf of the Florida Board of Trustees of the in)ernal
Improvement Trust Fund. (He is personally known to me or has
produced as identification. A
(M snw►r. sM
w N I CC�86m0 E
J*21L tea
w MII orrPrwnwrot M¢
Commission Number Ce27 I3 np
My Commission Expires: L l(,�v 2 � /
Approv as to Form and Legality
By:
rney
Page 11 of 14
Lease No. 4033
ess
.. Q 7 )
Prim Type Witness Name
• `(
Wit ass
Print /Type Witness Nam&
STATE OF FLORIDA
COUNTY OF MONROE
HOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
(SEAL)
Pr t /Type Name
Title: Mayor /Qhai2man
"LESSEE"
DATES Nader 23. 1994
a -wo %.vuncY, s'lOrlaa. Njesyhe is D&rsonally
;:, * =� or who has produced � � �-
dontification.
(SEAL)
.B J
rotary Pus►lic, state Uf Florid
uTh Ann `SanTzsh
Pri Notary Name
commission Number: M )730 22
My Commission Expires:
' RUTH ANN JANTZEN
MANY STATE OF
P '"a MY Cam EMPVM
Page 12 Of 14
Lease No. 4033
I" The fore t oinq instrument was acknowledged before me this
EXHIBIT "A"
LEGAL DESCRIPTION: MONROE COMITY LEASE PARCEL 1
(COMITY ADMINZSTRATZON FACILITY)
BEING A PARCEL OF LAND, SITUATE IN GOVERNMENT LOT 1, SECTION 9,
TOWNSHIP 66 SOUTH, RANGE 32 EAST, MONROE COUNTY, FLORIDA, ALSO
BEING ALL OF PARCEL "A -2" OF THOSE LANDS DEEDED FROM DYKSTRA TO
T.I.I.F. PER OFFICIAL RECORD BOOK 1077, PAGES 1576 AND 1577 OF
THE PUBLIC RECORDS OF SAID MONROE COUNTY, TOGETHER WITH A PORTION
OF PARCEL "B" OF THOSE LANDS DEEDED FROM DYKSTRA TO T.I.I.F. PER
OFFICIAL RECORD BOOK 1077, PAGES 1578 THROUGH 1580 OF THE
AFORESAID PUBLIC RECORDS, TOGETHER WITH A PORTION OF THOSE LANDS
KNOWN AS "OLD STATE HIGHWAY 4 -A ", ALL BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING ON THE CENTERLINE OF U.S. HIGHWAY NO. 1 AT ITS
INTERSECTION WITH THE WEST LINE OF GOVERNMENT LOT 1, SECTION 9,
TOWNSHIP 66 SOUTH, RANGE 32 EAST; THENCE BEAR NORTH 73.50
EAST ALONG THE AFORESAID CENTERLINE OF U.S. HIGHWAY NO. 1, A
DISTANCE OF 1676.66 FEET TO ITS INTERSECTION WITH THE SOUTHERLY
PROLONGATION OF THE WESTERLY LINE OF THE AFORESAID LAND DESCRIBED
AS PARCEL "A -2" IN OFFICIAL RECORD BOOK 1077, PAGES 1576 AND 1577
OF THE SAID PUBLIC RECORDS; THENCE BEAR NORTH 16.09'55" WEST
ALONG SAID SOUTHERLY PROLONGATION, A DISTANCE OF 155.45 FEET TO
THE POINT- OF- BEGINNING
FROM THE POINT -OF- BEGINNING SAID POINT BEING THE SOUTHWESTERLY
CORNER OF SAID PARCEL "A -2 ", THENCE BEAR NORTH 73.50 EAST
ALONG THE SOUTH LINE OF SAID PARCEL "A -2 ", A DISTANCE OF 316.80
FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL 01 A -2"; THENCE
NORTH 16.09'55" WEST ALONG THE EASTERLY LINE OF SAID PARCEL "A-
2 ", A DISTANCE OF 195.54 FEET TO THE NORTHEASTERLY CORNER OF SAID
PARCEL "A -2 THENCE NORTH 43.26 WEST A DISTANCE OF 33.00
FEET TO A POINT ON THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST,
SAID CURVE BEING THE CENTERLINE OF SAID "OLD STATE HIGHWAY 4 -A ",
HAVING A RADIUS OF 880.26 FEET, AND FROM WHICH A RADIAL LINE
BEARS SOUTH 43.26 EAST; THENCE ALONG THE ARC OF SAID CURVE IN
A NORTHEASTERLY DIRECTION, SUBTENDED BY A CENTRAL ANGLE OF
02.42'20 ", AN ARC DISTANCE OF 41.57 FEET; THENCE DEPARTING SAID
CURVE; NORTH 16.09 WEST A DISTANCE OF 16.56 FEET; THENCE
SOUTH 73.50 WEST A DISTANCE OF 63.79 FEET; THENCE NORTH
16.09'55" WEST A DISTANCE OF 5.00 FEET; THENCE SOUTH 73.50
WEST A DISTANCE OF 16.50 FEET; THENCE SOUTH 16 0 09 0 55" EAST A
DISTANCE OF 69.20 FEET TO A POINT ON A LINE LYING 5.50 FEET
SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE OF AFORESAID
"OLD STATE HIGHWAY 4 -A"; THENCE ALONG SAID PARALLEL LINE SOUTH
45.07 WEST, A DISTANCE OF 310.12 FEET; THENCE DEPARTING SAID
PARALLEL LINE SOUTH 44.52 EAST A DISTANCE OF 27.50 FEET TO
THE NORTHWESTERLY CORNER OF AFORESAID PARCEL "A -2"; THENCE SOUTH
16 0 09'55" EAST ALONG THE WESTERLY LINE OF SAID PARCEL "A -2 A
DISTANCE OF 22.28 FEET TO THE POINT OF BEGINNING
THE ABOVE DESCRIBED PARCEL CONTAINS 47,782.08 SQUARE FEET OR
1.09693 ACRES.
FOR THE PURPOSE OF THIS DESCRIPTION BEARINGS ARE RELATIVE TO
NATIONAL ADJUSTED DATUM 1983, NATIONAL GEODETIC SURVEY OF 1990,
ZONE 0901 FLORIDA EAST WITH THE CENTERLINE OF U.S. HIGHWAY NO.
BEARING NORTH 73.50 EAST.
LEGAL DESCRIPTION: MONROE COUNTY LEASE PARCEL
(SEWAGE TREATMENT FACILITY)
BEING A PARCEL OF LAND, SITUATE IN GOVERNMENT LOT 1, SECTION 9,
TOWNSHIP 66 SOUTH, RANGE 32 EAST, MONROE COUNTY, FLORIDA, ALSO
BEING A PORTION OF PARCEL "B" OF THOSE LANDS DEEDED FROM DYKSTRA
TO T.I.I.F. PER OFFICIAL RECORD BOOK 1077, PAGES 1578 THROUGH
1580 OF THE PUBLIC RECORDS OF SAID MONROE COUNTY, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
Page 13 of 14
Lease Ho. 4033
'0mm'NC'NG ON THE CENTERLINE OF U. S. HIGHWAY NO. 1 AT ITS
INTERSECTION WITH THE WEST LINE OF GOVERNMENT LOT 1, SECTION 9,
TOWNSHIP 66 SOUTH, RANGE 32 EAST; THENCE BEAR NORTH 73.50F05"
FAST ALONG THE AFORESAID CENTERLINE OF D.S. HIGHWAY NO. 1, A
DISTANCE OF 1675.66 FEET TO ITS INTERSECTION WITH THE SOUTHERLY
PROLONGATION OF THE WESTERLY LINE OF THOSE LANDS DEEDED FROM
DYKSTRA TO T.I.I.F., DESCRIBED AS PARCEL "A -2 ", IN OFFICIAL
RECORD BOOK 1077, PAGES 1576 AND 1577 OF THE SAID PUBLIC RECORDS;
THENCE BEAR NORTH 16 "55" WEST ALONG SAID SOUTHERLY
PROLONGATION, A DISTANCE OF 155.45 FEET TO THE SOUTHWESTERLY
CORNER OF SAID PARCEL "A -2 ", THENCE BEAR NORTH 73.50 EAST
ALONG THE SOUTH LINE OF SAID PARCEL "A -2 A DISTANCE OF 316.80
FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL "A -2 "; THENCE
NORTH 16- 09 #55" WEST ALONG THE EASTERLY LINE OF SAID PARCEL "A-
2", A DISTANCE OF 195.54 FEET TO THE NORTHEASTERLY CORNER OF SAID
PARCEL "A -2 THENCE NORTH 43.26 ,1 52" WEST A DISTANCE OF 33.00
FEET TO A POINT ON THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST,
SAID CURVE BEING THE CENTERLINE OF SAID "OLD STATE HIGHWAY 4 -A",
HAVING A RADIUS OF 880.26 FEET, DIRE AND FROM WHICH A RADIAL LINE
BEARS SOUTH 43•2 EAST; THENCE ALONG THE ARC OF SAID CURVE IN
A NORTHEASTERLY DIRECTION, SUBTENDED BY A CENTRAL ANGLE OF
08 52'32 ", AN ARC DISTANCE OF 136.36 FEET; THENCE NORTH 34
WEST A DISTANCE OF 33.00 FEET TO THE SOUTHEASTERLY CORNER OF
AFORESAID PARCEL "B "; THENCE ALONG THE EASTERLY LINE AFORESAID
PARCEL "B" NORTH 16 09'55" WEST, A DISTANCE OF 183.03 FEET TO THE
POINT - OF- BEGINNING.
FROM THE P02NT
A FRO" - OF B:TTTAfT1 CONTINUE ALONG SAID EASTERLY LINE OF
ESAID PARCEL "B ", NORTH 16- 09'55" WEST A DISTANCE OF 48.00
FEET; THENCE SOUTH 73 50'05" WEST A DISTANCE OF 23.00 FEET;
THENCE SOUTH 16 09 EAST A DISTANCE OF 48.00 FEET; THENCE
NORTH 73 EAST A DISTANCE OF 23.00 FEET TO
BEGINN G
THE POINT -OF-
THE ABOVE DESCRIBED PARCEL CONTAINS 1,104 SQUARE FEET OR 0.02534
ACRES.
Page 14 of 14
Lease No. 4033
Work Plan for Sewer Tie -in Alternative Evaluation
Monroe Regional Service Center
Marathon, Monroe County, Florida
January 26, 2011
Prepared for:
Florida Department of Management Services
4050 Esplanade Way, Suite 315
Tallahassee, FL 32399 -0950
Prepared by:
�- +if�1"r�TryR�
JIM STIDHAM & ASSOCIATES, INC.
547 North Monroe Street, #201, Tallahassee, Florida 32301
EXHIBIT
C
Monroe RSC Sewer Tie -in Work Plan
January 26, 2011
Q Page 1
I. Background
Jim Stidbam and Associates, Inc. (JSA) developed this work plan for the Florida Department of
Management Services (DMS) outlining the technical approaches for the subsequent action items and
the associated cost estimates for the sewer tie -in project at Monroe Regional Service Center (RSC) in
Marathon, Monroe County, Florida (see Figure 1).
Monroe RSC operates a 10,000- gallons per day (GPD) extended aeration wastewater treatment plant
(WWTP) which receives its influent from three sources: Monroe RSC Building, the lift station from
Monroe County Administrative Building, and the lift station from the Coast Guard Building (see
Figure 2). This WWTP was constructed by the state of Florida but the plant, as well as the property
where it is located, was on a 50 -year lease to Monroe County. This WWTP was operating under
Florida Department of Environmental Protection (FDEP) Permit No. FLA014703- 003 -DW3P issued
to Monroe County Board of Commissioners on November 17, 2008 with an expiration date of June
30, 2010. Since the Monroe RSC WWTP is scheduled to be decommissioned and the wastewater;
streams connected to City of Marathon's sewer system; this WWTP is currently operated under a
temporary status and the renewal of the permit is not required To decommission the existing WWTP,
all components of the wastewater treatment facility need to be properly abandoned and the
construction plans for the sewer tie -in developed.
II. Scope of Work, Approvals, and Permits
This project involves multiple agencies/entities and requires close coordination to be successful. JSA
has been in discussions with City of Marathon's Utility and Building Departments as well as its City
Engineer (Weiler Engineering), Monroe County Public Works (Middle Keys Operations), Florida
Keys Aqueduct Authority (FKAA), and FDEP offices in Marathon and Ft. Myers. In considering the
necessary permits, approvals, and/or coordination with various agencies and entities, the following is
a summary of the scope of work for the planned sewer tie -in:
• Develop the WWTP abandonment plan and obtain FDEP approval.
• Develop the engineering design for the treatment plant abandonment and the sewer tie -in.
• Apply for an FDEP Class V underground injection well abandonment permit.
• Evaluate the pros and cons of joint sewer tie -in with the neighboring properties.
• Apply for a City of Marathon sewer connection permit. This includes coordinating with
Monroe County and any sewer tie -in partners for cost sharing issues.
• Apply for an FDEP sewage collection/transmission system construction permit.
• Assist DMS in the procurement of a construction contractor.
• Coordinate with Monroe County in all the permitting efforts.
• Oversee the implementation of the WWTP abandonment and sewer tie -in work.
Monroe RSC Sewer Tie -in Work Plan
January 26, 2011
Page 2
• Coordinate with City of Marathon's final inspection.
• Close all FDEP permits and develop the final completion report for the abandonment plan.
The abandonment plan completion report should be submitted no later than 60 days after the
plant is taken offline.
III. Technical Approach
JSA proposes to complete the above - described scope of work in the following tasks:
Task 1: Site Reconnaissance and Survey
This initial site visit is for the purposes of gathering the pertinent information for the subsequent
work. A JSA engineer and two engineering technicians will conduct a site walk -over for hazardous
and non - hazardous waste inventory; measure dimensions of the WWTP compartments; survey
elevations of the influent and effluent pipe inverts, injection wells, potential city sewer connection
point, bottoms of lift stations; measure depths of the injection wells; inspect conditions of the WWTP
equipment; estimate the wet and dry sludge volumes and generation rates; survey the potential pipe
route and distances; inspect existing pipe material(s) and conditions; and observe the type and
conditions of City of Marathon's sewer connection point. JSA also will coordinate the timing of this
site visit, to the extent practical, so JSA engineer will have opportunities to meet with the RSC
superintendent, Monroe County Public Works, FKAA representative, and the City of Marathon
Utility and Building Departments. JSA estimates that the work to be completed during this site visit
will require four (4) days.
Task 2. Alternative Evaluation
Evaluate the pros and cons of joint sewer tie -in with the neighboring properties. Thus far FKAA a a
private property owned by Mr. Jim Mangold, (Telephone 904- 232 -1216) are the potential partners of
this effort. Mr. Mangold was referred to JSA by the City of Marathon. The evaluation will include the
initial impact fee (note: the City of Marathon assesses different fee rates to governmental agencies as
oppose to commercial customers), future bills, maintenance responsibility of the lift stations and
service portion of the sewer, potential illicit discharge, and the necessary coordination. The evaluation
results will be provided to DMS for review in a letter report. The draft letter report will be submitted
approximately four (4) weeks after the site visit. It will be finalized upon addressing DMS concerns
and obtaining DMS concurrence of the report recommendations.
Task 3: FDEP Permitting and Approval
In this task JSA will first develop a WWTP abandonment plan. This abandonment plan will specify
draining, removal, and disposal of the contents in the WWTP; inventory and proper disposal of the
hazardous or harmful materials, proper abandoning of the effluent injection wells, and the proposed
new sewer piping system to the City's nearest sewer connection point. This abandonment plan will be
Monroe RSC Sewer Tie -in Work Plan
January 26, 2011
Page 3
submitted to FDEP for approval. Concurrently JSA will apply for a Class V underground injection
well abandonment permit from the FDEP Underground Injection Control (UIC) Section. In this
application detailed well abandonment procedures will be specified. Additionally, an FDEP sewage
collection/transmission system construction permit also will be secured. The FDEP permitting and
approval processes will require approximately eight (8) weeks to complete.
Task 4: Engineering Design
Upon receiving FDEP permits and approvals, JSA will develop the engineering design based on the
treatment plant abandonment plan and the preliminary plans associated with the permits. The design
will focus on the hydraulics of the influent and effluent lines and with the objectives of minimizing
the distances of the new piping and eliminating, to the extent practical, re- pumping of the wastewater.
Certain tanks or chambers may be converted into a lift station if gravity flow cannot be achieved.
JSA's design will include the necessary construction plans and specifications in sufficient details for a
construction contractor to implement the design plans. The specifications will be clear and tangible so
the client and/or construction management engineer can readily assess the progress and quality of the
contractor's work. The design plan also will describe the logistics during the transitional period and
sequence of work so the wastewater flow can be diverted to the city sewer system seamlessly. This
task will require four (4) weeks to complete.
Task 5: City of Marathon Sewer Connection Permitting
With the design plans, JSA will apply for a City of Marathon sewer connection permit. JSA will
coordinate with Monroe County and any sewer tie -in partners for the cost sharing issues. JSA will
notify DMS of its share of the final connection fee. The preliminary information JSA received from
the City of Marathon indicates that this fee may be at approximately $100,000. This fee is not
included in this cost estimate. JSA will coordinate with the process of DMS' fulfilling of this funding
obligation. JSA anticipates that this task will require eight (8) weeks to complete.
Task 6: Construction Contractor Procurement
The procurement of the construction contractor will be in accordance with the requirements as
specified in Chapter 255 Florida Statute (F.S.) and Rule 60D.5, Florida Administrative Code
(F.A.C.). Currently the overall construction value is unknown but is anticipated to fall within the
range of a Level Three contract ($25,000 to $200,000). JSA will develop Bid Documents for
competitive bidding/sealed quotes of the actual work. JSA estimate that a meeting with DMS will be
required to finalize the bid documents as some decisions, such as obtaining DMS' standard non-
technical specifications (to be provided by DMS), liquidated damages, number of invitations for
quote, time and venue of the pre-bid conference, and etc. will need to be made. Once the bid
documents are approved by DMS, JSA will invite at least five (5) licensed general contractors in the
region to submit quotes. JSA will prepare sufficient sets of bid documents and provide, at cost, to the
interested bidders within a reasonable time. JSA will then hold one (1) non - mandatory pre -bid
Monroe RSC Sewer Tie -in Work Plan
January 26, 2011
Page 4
conference with the interested bidders at the site. Questions will be answered in the pre -bid
conference if possible; otherwise all remaining questions will be answered via email and provided to
all bidders (defined as people who attended the pre-bid conference or purchased the bid documents).
If necessary, addendum or addenda will be made available to all registered bidders. Upon receiving
quotes, JSA will evaluate the bids, develop a bid tabulation sheet, and provide a recommendation to
DMS for its final selection. This task is expected to require eight (8) weeks, including two weeks for
bid document development, one week for invitation, four weeks for the pre-bid conference and bid
return, and one week for bid evaluation.
Task 7: Construction Management
The purpose of JSA's Construction Management is to ensure that the proposed work is completed in
accordance with the agency- approved plans and the engineer's design specifications and the work
proceeds on schedule and with the minimum amount of disputes. Duties of the Construction
Management engineer include the following:
• Submittal review;
• Pre- construction conference with the selected contractor, its subcontractor(s), DMS
representatives, and the Monroe RSC WWTP staff;
• Safety briefing;
• Documentation and record keeping (daily log);
• Permit compliance verification (construction per permitted plans and specifications);
• General workmanship inspection;
• Scheduling and progress maintenance;
• Testing witnessing and results review and acceptance;
• Measurements and quantities verification;
• Technical change order consultation and approval;
• Questions and conflicts resolution in conference with DMS staff;
• Substantial completion inspection; and
• Punch -list development and resolution.
JSA estimates that the actual on site construction work will require four (4) weeks to complete. To
minimize cost, the JSA engineer will be on site only during the critical period of the construction,
estimated at approximately 50% of the time in three (3) visits: the fast two days for the kick -off
meeting and safety briefing, one week -long visit in the middle, and another week -long visit during the
final week for the punch list inspection and corrections. The JSA construction management engineer
will work closely with the design engineer. JSA also will coordinate the city's final inspection during
the final week of the construction after all punch -list items have been corrected. Please note that the
Monroe RSC Sewer Tie -in Work Plan
January 26, 2011
Page 5
actual schedule may change due to site conditions. Additionally, sometimes more than one round of
punch -list correction and re- inspection may be necessary. In such unforeseeable cases JSA will
request additional funding authorization accordingly. This task, including the construction
contractor's preparation, mobilization, and JSA's office work, will require three (3) calendar months.
Task 8: As -built Plans Development Final Certification and Project Closeout
Upon completion of the construction, JSA will prepare the record (as- built) drawings and necessary
reports as required by the various agencies. The record drawings will specify deviations from the
FDEP - approved plans and be submitted, along with the certification of construction completion, to
FDEP for final closure of the permits. JSA estimates that this task will be completed within three (3)
weeks.
IV. Cost Estimate and Schedule
The cost estimate for the proposed work is presented in Table 1. JSA proposes to complete this work
on a Iump sum basis. The tentative schedule is presented in Figure 3.
N
u
Y
O
O
a
L.I
W
a
Gr7
O
U
0
O
1�
O
.a
1
a
F
O
ti
u�
ti
H
N
t
F
S
E
W
y
fA; (H
d�?... Q1 E14
fA
d9 �N tf► VA 6% r
40
N
6w,
O
I
=
co �' p0
N
2.
c
�'', C
40
1
r
O G
H
O
No
tli
1
^
I H
H
H
H
H H
N Wt
Nt
A
r
H
N'
o ff o ' 0
P.
U
Hi r
N; H
HI
H
M H
C
C�
j
�i
r
cm (0
I
0�
N
r
} ,
M p
co
O 6
N
Cr
to
e
Ni
O H
O cNp
N S
l ie ff
o �
cif fA. o
o
C �
p
O O
N
to
Q4
a0
�OO�}}J
0
a
A
N
N
W
col
pp
S
r
r
0
pp
N
G
.+
CO
H
H' 19 H H: H
r po pp N
H
in O O C
r
V
N r
H H
d! M N
FN
01 L
r
i
I
Q
R pp: O O O O O co
N o H CIO H H
O O, 0 0 0 0
H H d� H H y I
O p
: O O S
t0
C C
CO) l
fA
t �
H H H
G pp
N
i
I
9
W
j
et
q
a
N
p pp A
c N' 1% 0; 19 N
pp C
N H i o ff o ff IA
p p CC
O
Y W
.NO-
b9 H �
�',
H
H d�
: H
%J oO oNN
4 to d!!
N 0
la C
W
. pppp
r
H
W r 10
O O
st (0
~
M
p
N N po
O
GOD
p00 19 H O
1
109
0
109
o
La
ff
O S O r
N � vJ
U
N
i9
H
o t0
fA M H0 p
N'
N
a W
a
N N
C
H
pp
H N O
tD
W H S to t 1 a:
r Ci H
p p
OH N N t �0p 1 O O: O O A
C C
C
O
Ln Cl 4m to r C N
H H H /y
I`
H
N 10
to r
H
c
IA' IA i, N �;
to N CO) $
r r
o
i
N
c
'
o
o
a.' Cc c
> >
Q p o p
O
S O O
O S lf) 1� N O
�', O O 0 S`
j
r y
04
H h
CD
� t(S�
h N' h
H
H+
o
0 � p
�'
.� t,;
I
i
=
U
Q
9 c',
° .51
a�
yP
a
i
�
Of
c' Y
p , y
a ml
°l
m
~
0 IDI
U
F_
U' n
..I
c
W
p
s
U)
I
8
to
W
Z-
�o
�(
W
c c y �
�I a Z
c
�!3
.-.
E U
p ,
G~
0 ct W
m E O
�'�
a
y
W ��
2
o
a
.m L QQ
a
w1 ! 8
�u o -
Q
y _
Q
rol m yl
M
CD
O
Q
c
cn W U
O
a j
U ' W cr
W: 3'
O
ti
u�
ti
H
N
t
F
S
E
W
RATHON
Er
FIGURE 1
VICINITY MAP
i:.M � T & ASS`_ :,� rk 1 �. !r rr
��, m` AN.F. °F�<`�,« 01/27/11
#a#* Jm 27, 10it - l irllsn r \iLYS�Mww AW S_ n#_&%M r. and fk W%%bd o Mepdq
SHEET 1 OF 2
Eo
c
3
cn
U
N
x
v
0
c
0
m
a
a�
v
m
o N
a
O
a
A
LM
LL
.A
E
.a
ca
0
Q
n
n
Q
3
m
m
� m
c
Lb0
o U
u n:
w
��U
Attachment A
Contact Information for Monroe RSC Sewer Tie -in Project
• DMS project director. Gene Nicoloso, 850 -488 -2521; eugenio.nicolosoCwdms.m floriy da.com
• Monroe Regional Service Center: Terry Graham; terrv.¢rahamPadms.myflorida.com
• Monroe County: Bob Stone 305- 797 -1458; stone- bob(Wmonroecount +Lt1.
• Florida Keys Aqueduct Authority: Julie Cheon 305- 295 -2150; icheonCa4k aa.com
• Mr. Jim Mangold (Adjacent Property Owner): Telephone: 904232 -1216.
• FDEP:
o Gary Maier (Well Abandonment Contact, FDEP, Ft. Myers): 239 -332-
6975, garv.maiercafp.state.fl.is
o Gus Rios (FDEP, Marathon) — (305) 289 -2310, Lus.riosr�.dep.state.fl.us
• City of Marathon:
o Donna Cofano (Community Service Coordinator, City Utilities): (305) 289-
4104, cofanodCa_
o Lorie Mullins (Permit Technician IWOffice Manager, City Building Department): (305) 289-
4114, mullinsl(a
o Nancy Brooking (Weiler Engineering, City Engineer): (305) 289-
4161, nbrookingaweilerenineering.orA
01,