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' , . ' ' , ' ` ,' CLERK OF CIRCUIT COURT & COMPTR LLE
� .1.Z.4,-* 1 - MONROE COUNTY, FLORIDA
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DATE: January 25, 2013
TO: Judy Clarke, PE
Director of Engineering
ATTN: Tina Losacco
FROM: Pamela G. Hancdc'j4i C.
At the April 17, 2013, Board of County Commissioners meeting, the Board granted approval and
authorized execution of the following:
Item C23 Updated Exhibit A to Traffic Signal Maintenance and Compensation Agreement A -PPO6
with Florida Department of Transportation (FDOT) to reflect compensation amount for July 1, 2013 to
June 30, 2014 term.
Item C25 Supplemental Agreement No. 1 to the Local Agency Program (LAP) Agreement with
Florida Department of Transportation (FDOT) to fund design, construction and construction engineering
and inspection (CEI) services for the All American Road Wayfinding Sign Project. The supplemental
agreement extends the project deadline until June 30, 2014 and adds $80,000 additional funds for CEI
services.
J Item C42 Amendment No. 1 to the Easement between the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida (successor to the Utility Board of the City of Key West
as owner), Clear Channel Broadcasting, Inc., and Monroe County to allow access over the easement
parcel to the Cudjoe Transfer Station and Landfill. The amendment revises the easement to allow
installation of wastewater lines within the easement.
Enclosed are three duplicate originals of each of the above - mentioned, executed on behalf of
Monroe County, for your handling. Please be sure to return at least one fully executed duplicate
original. Should you have any questions, please do not hesitate to contact our office.
Cc: County Attorney w/o documents
Finance
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500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 -295 -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 -289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
ATE2
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
AMENDMENT NUMBER 1 TO EASEMENT NUMBER 32580
THIS EASEMENT AMENDMENT is entered into this 10 day of
2013, by and between the BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred to as
"GRANTOR" and MONROE COUNTY, FLORIDA, a political subdivision of the State of
Florida, its successors and assigns, having an address of 1100 Simonton
Street, Key West, Florida, and CLEAR CHANNEL BROADCASTING, INC., a Nevada
corporation, successor by merger to CLEAR CHANNEL METROPLEX, INC., a Nevada
corporation, its successors and assigns, having an address of 93351 Overseas
Highway, Tavernier, Florida 33070, collectively hereinafter referred to as
"GRANTEES ";
WITNESSETH
WHEREAS, GRANTOR, by virtue of Section 253.03, Florida Statutes, holds
title to certain lands and property for the use and benefit of the State of
Florida; and
WHEREAS, on May 23, 2008, the UTILITY BOARD OF THE CITY OF KEY WEST,
FLORIDA, a utility board created by special Act of the Florida Legislature,
its successors and assigns, granted an easement to MONROE COUNTY, FLORIDA, a
political subdivision of the State of Florida, its successors and assigns, and
CLEAR CHANNEL BROADCASTING, INC., a Nevada corporation, successor by merger to
CLEAR CHANNEL METROPLEX, INC., a Nevada corporation, its successors and
assigns (collectively referred to as the "GRANTEES "), for the purposes of
ingress and egress for persons, motor vehicles, material, equipment and
trailers to and from the Benefited Parcels, and also for the purpose of
providing the following utilities to the Benefited Parcels; electricity,
telephone, telegraph, and other electronic signals, and water (but not
including sewage or wastewater); and
WHEREAS, on June 27, 2008, the BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (hereinafter referred to as
"GRANTOR ") purchased a parcel of land which was subject to the easement, from
the UTILITY BOARD OF THE CITY OF KEY WEST; and
WHEREAS, GRANTOR AND GRANTEES desire to amend said Easement to add
sewage and wastewater to the easement purpose;
NOW THEREFORE, in consideration of the mutual covenants and
agreements contained herein, the parties hereto agree as follows:
Page 1 of 7
Amendment 1 to Easement No. 32580
R/06/08
1. Replace Paragraph 1 in its entirety:
Grant of Easement
GRANTOR hereby grants and conveys to GRANTEES and their
respective successors and assigns and unto the owners, lessees and occupants
of all or part of the Benefited Parcels, their heirs, legal representatives,
successors and assigns, and unto their servants, agents, employees, guests,
licensees, and invitees, a non - exclusive easement across the Easement Parcel.
The easement herein granted is an appurtenant easement and is for the purposes
of ingress and egress for persons, motor vehicles, material, equipment and
trailers to and from the Benefited Parcels, and also for the purpose of
providing the following utilities to the benefited Parcels: electricity,
telephone, telegraph, and other electronic signals, water, sewage, and
wastewater. The Easement Parcel shall not be used by GRANTEES for storage of
vehicles, trailers or articles of any kind, disposal of trash, including but
not limited to tires, hazardous materials, leachate, vehicle fluids, or any
other solid or non -solid waste. "Hazardous materials" shall mean any
hazardous or toxic substance, material or waste of any kind or any other
substance which is regulated by any environmental law. For the purposes of
this Declaration of Easement, "environmental law" shall mean all federal,
state and local laws, including statutes, regulations, ordinances, codes,
rules, judgments, orders, decrees, permits, concessions, grants, franchises,
licenses, agreements and other governmental restrictions relating to the
protection of the environment or human health, welfare or safety, or to the
emission, discharge, seepage, release or threatened release of any
contaminate, chemical, waste, irritant, petroleum product, waste product,
radioactive material, flammable or corrosive substance, explosive
polychlorinated biphenyl, asbestos, hazardous or toxic substance, material or
waste of any kind into the environment, including without limitation, ambient
air, surface water, ground water, or land including, but not limited to , the
Federal Solid Waste Disposal Act, the Federal Clean Air Act, the Federal
Comprehensive Environmental Response, Compensation and Liability Act of 1980,
the Federal superfund Amendments and Reauthorization Act of 1986, Chapters
161, 253, 373, 376 and 403 Florida Statutes, rules of the U.S. Environmental
Protection Agency, Rules of the Florida Department of Environmental
Protection, and the rules of the Florida water management districts now or at
any time hereafter in effect. The Easement Parcel shall not be used as a
staging area by the GRANTEES and GRANTEES shall not remove, damage, or destroy
the gate that is located at the entrance of the Easement Parcel adjacent to
Blimp Road. GRANTEES shall provide access to GRANTOR, its lessee, and their
Page 2 of 7
Amendment 1 to Easement No. 32580
R/06/08
respective agents, employees, guests, licensees and invitees to the Easement
Parcel at any time by issuing GRANTOR a key to said gate.
2. The terms of this Amendment shall be binding upon and inure to the
benefit of the parties and their respective successors and assigns.
3. It is understood and agreed by GRANTOR and GRANTEES that in each and
every respect the terms and conditions of Easement Number 32580, except as
amended, shall remain unchanged and in full force and effect and the same are
hereby ratified, approved and confirmed by GRANTOR and GRANTEES as of the
effective date of this Amendment.
Page 3 of 7
Amendment 1 to Easement No. 32580
R/06/08
IN WITNESS WHEREOF, the parties have caused this Amendment 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
otn�g C mo�
. c
By: _ SEAL)
wi ry, g
u u Chi ief
Pri t /Type Witness Name '"".�..:W:.,, BUREAU OF PUBLIC
LAND ADMINISTRATION, DIVISION
OF STATE LANDS, DEPARTMENT OF
Witness ENVIRONMENTAL PROTECTION
-
Print /Type Witness Name "GRANTOR"
STATE OF FLORIDA l C.•
COUNTY OF LEON G htll
The foregoing instruno was acknowledged before me this day of
2013, by ^tinng, ^nei
6 ager, 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 Impr vement Trust Fund of the State of
Florida. She is personally known to me.
&
Nota y Publi State of F rids
Print /Type Notary N /4,f+vh. '✓
# V p<, Notary Public State of Florida
Commission Number Kathy C Griffin
4 < My Commission EE148787
%� Expires 11,12712015
Commission Expire
Approved ,as o F rm and Legality
B /
DEP Attorney
Page 4 of 7
Amendment 1 to Easement No. 32580
R/06/08
MONROE COUNTY, FLORIDA, a political
subdivision of the State of Florida
-nmwd
(SEAL)
Witness
_Vi nandez
Pr77 Name
Witness
Pam Guin
Print /Type Name
STATE OF FLORIDA
COUNTY OF MONROE
/Geor
Ne 04 7/2013
Title: Mayor
"GRANTEE"
The foregoing instrument was acknowledged before me this 2nd date of
May 1 2013, by George Neugent as Mayor, of Monroe County, a
political subdivision of the State of Florida. He is personally known to me
am has predtte
Notary Pu6lic, State of Florida
Im N _t Print /Type Notary Name
C-) r-= -_ Commission Number:
4J
Commission Expires:
c , rn PAMELA Q HANCOCK
3N- i EE 144139
F�J(PIRCO MI F ION /
kh* Thm Nolte, PLO*1
A qJ RNE
AST PEDRO
ASSISTANTgRNEY _._.
Page 5 of 7
Amendment 1 to Easement No. 32580
R/06/08
CLEAR CHANNEL BROADCASTING, INC., a
Neva a�,corporatio
EAL)
Witness
Print /Type Name
W feness
Print /Type Name
STATE OF fft3RZIIA
COUNTY OF AeAZ5
By
St 4v Davis
Title: Senior Vice President
Engineering and Capital
Management
"GRANTEE"
The foregoing instrument was acknowledged before me this date of
, 2013, by Steve Davis as Senior Vice President, of Clear
Channel Broadcasting Inc., a Nevada corporation. He is personally known to
me or has produced N� i;&_"Nc as identification.
Notary Public, State of Florida
Print /Type Notary Name
Commission Number:
Commission Expires:
E LIZ CHANDLER
ublic, State of Oklahoma mission # 11010376 on Expires November 15, 2015
Page 6 of 7
Amendment 1 to Easement No. 32580
R/06/08
EXHIBIT "A"
A 50.0 FT. WIDE EASEMENT FOR INGRESS /EGRESS, LYING 25.0 FT. EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE, TO WIT:
COMMENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 9 OF SECTION 20, TOWNSHIP 66
SOUTH, RANGE 28 EAST; THENCE RUN N00 °00'52 "W, ALONG THE WEST LINE OF SAID SECTION 20,
A DISTANCE OF 366.35 FT. FOR A POINT OF BEGINNING; THENCE RUN N84'59'42'E ALONG SAID
EASEMENT CENTERLINE, A DISTANCE OF 2348.90 FT. TO THE INTERSECTION WITH THE WESTERLY
RIGHT -OF -WAY LINE OF 'BLIMP ROAD', A 100 FT. WIDE PUBLIC RIGHT -OF -WAY AS SHOWN ON
STATE ROAD DEPARTMENT RIGHT -OF -WAY MAP SECTION 90600 -2150, AND THE TERMINUS POINT
OF SAID EASEMENT CENTERLINE, BEING AND LYING 1N SECTION 20, TOWNSHIP 66 SOUTH, RANGE
28 EAST MONROE COUNTY, FLORIDA.
THE PERIMETRICAL BOUNDARIES OF WHICH EXTEND TO THE INTERSECTION WITH THE WESTERLY
LINE OF GOVERNMENT LOT 9 OF SECTION 20, TOWNSHIP 66 SOUTH, RANGE 28 EAST ON THE
WEST AND THE INTERSECTION WITH THE WESTERLY RIGHT -OF -WAY LINE OF 'BLIMP ROAD ON
THE EAST.
BSM
DATE 5-6 -05
Page 7 of 7
Amendment 1 to Easement No. 32580
R/06/08