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Item K5M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� � Mayor David Rice, District 4 Th e Florida Keys Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting January 17, 2018 Agenda Item Number: K.5 Agenda Item Summary #3803 BULK ITEM: No DEPARTMENT: BOCC District 2 TIME APPROXIMATE: STAFF CONTACT: Terri Colonna (305) 292 -4512 requested AGENDA ITEM WORDING: Discussion and direction regarding the Conch Key trap storage area referencing Department of Transportation lease with Monroe County and Memorandum of Understanding with Monroe County and Commercial Fisherman. Property located on south side of US -1 was washed out and presently is in dire need of fill before it can be used. There is a request for assistance. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: CONTRACT /AGREEMENT CHANGES: na STAFF RECOMMENDATION: DOCUMENTATION: 04051988 Agreement FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: na REVIEWED BY: Bob Shillinger George Neugent Board of County Commissioners Kathy Peters Completed Completed Pending Completed 01/02/2018 3:22 PM 01/02/2018 3:48 PM 01/17/2018 9:00 AM 01/02/2018 3:49 PM �"Ouwr Qr .M V r 10E �OUM� • ty wannp I. Rotbage BRANCH OFFICE CLERK OF THE CIRCUIT COURT 3117 OVERSEAS HIGHWAY MONROE COUNTY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET TEL. (305) 743 -9036 KEY WEST, FLORIDA 33040 TEL. (305) 294 -4641 M E M O R A N D U M To: Jeff Fisher, Extension Director From: Shelley Brown, Deputy Clerk Subject: Resolution No. 166 -1988 Date: April 14, 1988 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852 -9253 On April 5, 1988, the Board of County Commissioners adopted Resolution No. 166 -1988 authorizing the Mayor /Chairman of the Board to execute a Memorandum of Agreement by and bet- ween Organized Fishermen of Florida (Upper Keys Chapter) and Monroe County concerning the storage of lobster and stonecrab traps on Department of Transportation rights -of -way. Attached hereto are three certified copies of the subject Resolution and three original Memorandum of Agreements now fully- executed and sealed on behalf of Monroe County. It is our understanding you will handle forwarding copies of the Resolution and Memorandum of Agreement to OFF and the Department of Transportation. s lak�" Shelley R116wn Deputy C k Attachments cc: Mayor Lytton County Attorney Co my Administrator ile RESOLUTION NO. 166 -1988 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR /CHAIRMAN OF THE BOARD TO EXECUTE A MEMORANDUM OF AGREEMENT BY AND BETWEEN ORGANIZED FISHERMEN OF FLORIDA (UPPER KEYS CHAPTER) AND MONROE COUNTY CONCERNING STORAGE OF LOBSTER AND STONECRAB TRAPS ON DEPARTMENT OF TRANSPORTATION RIGHTS -OF -WAY. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board hereby authorizes the Mayor /Chairman of the Board to execute a Memorandum of Agreement by and between Organized Fishermen of Florida (Upper Keys Chapter) and Monroe County, a Copy of same being attached hereto, concerning storage of lobster and stonecrab traps on Department of Transportation rights -of -way. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 5th day of April A.D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B Y M ayor /Chairman (Seal) Attest :DANNY I,, lye- T - ! 1 :, Clerk Clerk a� 0 U) 0 L) E a� LO as MEMORANDUM OF AGREEMENT THIS AGREEMENT made and entered into this day of , 1988, by and between ORGANIZED FISHERMEN OF FLORIDA, Upper_KeyS''CF`ap er, hereinafter referred to as "OFF" and MONROE COUNTY, through resolution of its Board of County Commis- sioners, hereinafter referred to as the "COUNTY ": W I T N E S S E T H: WHEREAS, the COUNTY has determined that the lobster and stonecrab industries are of vital economic importance to the COUNTY and the State of Florida; and WHEREAS, lobster and stonecrab traps are being stored on rights -of -way that the Department of Transportation ( "DEPART- MENT") has legal right, title and interest; and WHEREAS, the DEPARTMENT and the COUNTY agree that it would be in the best interest of the general public to enter into a joint agreement to deal with the unpermitted storage of lobster and stonecrab traps within the DEPARTMENT's right -of -way; and WHEREAS, the DEPARTMENT and the COUNTY agree that the economic impacts of total trap removal from the DEPARTMENT's right -of -way will be reduced by providing area(s) suitable for storage of lobster and stonecrab traps; now, therefore, IN CONSIDERATION of the premises and covenants contained herein, the parties agree as follows: 1. In exchange for the COUNTY's granting and assigning to OFF the use rights to certain area(s) of real property as iden- tified hereinafter and referred to as the "AREA ", OFF will assist the COUNTY and the DEPARTMENT in its efforts to enforce Section 337.406 of the Florida Statutes, and agrees to act in accordance with all federal, state and local law. 2. OFF will accept assignment of use rights of AREA(S) a� 0 U) t.a E a� E repair of lobster and stonecrab traps only and will act as administrator of the day -to -day operations of the AREA(S). 3. OFF may sublet or assign smaller parcels of the AREA(S) to individual fishermen within each AREA. OFF will accept the AREA(S) in "as is" condition and all improvements by OFF or its lessees or assigns must be approved by the COUNTY and the DEPART- MENT. OFF shall use as a standard for subletting or assignment the previous historical usage of the AREA by identified individu- als. 4. Perimeter boundaries of each AREA described in Attach- ment "A" will be delineated by a recognizable boundary approved by the DEPARTMENT. 5. OFF shall manage or may contract the management of the AREA(S) with prior written permission from the COUNTY. Leases to individual fishermen shall be granted in a nondiscriminatory manner. All lessees shall hold a lobster or stonecrab fishing license with a current lobster and /or stonecrab number issued by the State of Florida Department of Natural Resources. It is specifically agreed by the COUNTY and OFF that any fees or other charges assessed shall be for the management, operations, in- spection and maintenance of the AREA(S) and shall not be for the purpose of making profit. 6. OFF shall maintain the AREA(S) in a clean, safe, and sanitary condition in conformity with local, county, and state laws, and shall permit no unlawful acts or practices to be committed on them. The AREA(S) are to be mowed and trash disposed of at a minimum of once per month for the duration of this Agreement. Traps shall be neatly stacked in rows and no more than five (5) high. Building of traps is specifically prohibited, but repairs to traps will be permitted on the prem- ises. It is specifically prohibited to spray, brush, dip or apply in any manner any preservative or water proofing materials 0 U) E E 7. All operations associated with the storage of traps (repair, etc.) will be performed within the designated AREA(S). 8. OFF or its lessees or assigns shall make no alteration or improvements to the AREA(S) without first obtaining the written consent of the DEPARTMENT and the COUNTY. 9. Upon the termination of this Agreement, OFF shall quit and surrender use of the AREA(S) quiet and peaceably in as good order and condition as the same were at the commencement of this Agreement, reasonable wear, tear and damage by the elements excepted. 10. OFF shall indemnify, defend, and hold harmless and release the COUNTY from any and all suits, actions, administra- tive proceedings, claims damages, fines, costs, and expenses arising from or associated with any act, omission, fault or negligent incident to the exercise of rights granted to the OFF or any of its lessees under this Agreement. 11. OFF shall secure and keep in full force and effect throughout the term of this Agreement, or any extension of it, at the OFF's own costs and expense, comprehensive public liability insurance, and property damage insurance coverage acceptable to the COUNTY covering the property and all operations in connection therewith. Proof of said insurance shall be provided to the COUNTY upon execution of this Agreement. 12. The DEPARTMENT and COUNTY and all their designated representatives including, but not limited to, utility company workers, shall be allowed free access to the premises. 13. Unless an emergency situation should arise that would require immediate cancellation of the Agreement between the COUNTY and the DEPARTMENT, the COUNTY agrees to provide 120 days notification of cancellation of this Agreement should the public convenience require same. If the OFF fails to vacate and surren- der the AREA(S), the COUNTY shall have the right to petition the a� 0 U) 0 L) �a E a� E immediately in as good a condition as reasonable use and wear and tear will permit. 14. OFF will allow the DEPARTMENT and the COUNTY access to the AREA(S) for the purposes of inspection to determine conformi- ty with this Agreement. 15. No animals shall be kept in the AREA(S) without the express permission of the DEPARTMENT and the COUNTY. 16. OFF agrees to promptly pay for water and sewer, gar- bage, gas, electricity, where appropriate, applicable and neces- sary. 17. OFF will pay all costs and reasonable attorney's fees incurred by the COUNTY in the enforcement of any provision of this Agreement, including, but not limited to, OFF's failure to vacate and surrender the described AREA(S) at the date required by this Agreement. 18. OFF agrees that failure of OFF to comply with any terms and conditions of this Agreement shall constitute a breach of this Agreement. 19. All terms of this Agreement shall be applicable to any of OFF's lessees or assigns. Each party agrees that it shall use its best effort to fulfill its obligations in a timely manner and each will cooperate with the other in these activities. 20. OFF agrees to permit the COUNTY's and the DEPARTMENT's auditors to inspect the books, records and accounts related to the management of the AREA(S) and the administration of this Agreement. These records shall be made available for inspection within five (5) working days upon receipt of a written request from the COUNTY or the DEPARTMENT. 21. It is herein acknowledged by OFF that the term of this Agreement is for an indefinite period of time. It is further 0 U) 0 L) �a E a� �a E acknowledged that the COUNTY may terminate this Agreement at any time by providing 120 days notification of cancellation of this BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA sy - mil a orl' airman (SEAL) Attest �T rT '= DANNY L, � h� ���A�_; _ -,, Clerk ORGANIZED FISHERMEN OF FLORIDA By / (off- — qA o.i,r;L+ (SEAL) Attest: NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. SEPT 8,1990 BONDED TMRU GENERAL IRS. UNO. BL / j h R A" Areas shown on right- of-way map are approximate. Enact locations to be detennined by field review. Areas can be added if agreed to by Florida Department of Transportation and Monroe County. Areas can be deleted by Monroe County or the Florida Department of Transportation. Area 1: West End Bahia Honda Bridge - M.M. 35.0 to 35_.2 (oceanside) From Sta. 0+00 to 89+00 as shown on r map 90 0- 510, sheet 49, app tely 175' x 900' Area 2: West End Tans Harbor Channel Bridge - M.M. 60.5 (oceanside) Fran Sta. 720+00 to 723 +00 as shown on r/w map 90050, sheet 8 of 28, approximately 40' x 300 Area 3: West End Tans Aarbor Cut - M.M. 61.5 (oceanside) From Sta. 6+00 to 77+00 as shown on r/w map 90050, sheet 9 of 28, approximately 50' x 200 4: Between Tams Harbor Cut and Walkers Island - M.M. 61.8 From Sta. 93+00 to 99+00 as shown on r/w map 90050, sheet 10 of 28, approximately 35' x 600 Area 5: Conch - M.M. 62.8 to 63.1 (oceanside) From Sta. 147+00 to 165+00 as shown on r map 90050, sheet 12 of 28, approximately 50' x 1800 Area 6: Conch Rey - M.M. 62.9 (gulfside) From Sta 151+00 to 152 +50 as shown on r map 90050, sheet 12 of 28, approximately 85' x 125 Area 7: Conch R - M.M. 62.9 to 63.1 ( lfside) From Sta. 154 +00 to 163+00 as shown on r/w map 90050, sheet 12 of 28, approximately 30' - 100' wide by 900' long. Area 8: West End Teatable Channel Bridge - M.M. 79.0 (gulfsi_de) Fran Sta. 313+00 to 316+00 as shown on r map 90060,, sheet 14 of 28, approximately 40' x 300 Area 9: East End Teatable Channel Bridge - M.14. 79.2 to 79.3 Sta. 21+00 to 327+00 as shown on r/w map 90060, sheet 14 of 32, approximately 60' x 600 Area 10: Lflwer Matecem:be Re� Boulevard - M.M. 7 between Palm Drive and Mite Marlin 7 a-r% "7A A ..., ..� .L, Sta. 47+00 to 57 +50 as shown on r/w map 90060, sheets 4 & of 32, approximately 40' x 1,0501. 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