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10/18/1995 Agreement • NtUUN,Y ; C .. w flannp IL. iSotfjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL (305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145 FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146 FAX(305)295-3660 MEMORANDUM TO: Mark Rosch Land Authority Director Attention: Sheila DiSanto FROM: Ruth Ann Jantzen, Deputy Clerk DATE: October 27, 1995 At the October 18, 1995 County Commission Meeting, the Board granted approval and authorized execution of an Agreement between Monroe County and U.S. Fish and Wildlife Service to provide assistance in the maintenance of County property purchased with the comprehensive plan grant. Enclosed please find a fully executed duplicate original of the above Agreement for return to U.S.Fish and Wildlife Service. If you have any questions on any of the above, please do not hesitate to contact cc: County Attorney Finance County Administrator, w/o document File LAND MANAGEMENT AGREEMENT THIS AGREEMENT entered into this 18TH day of OCTOBER , 1995, by and between Monroe County, a political subdivision of the State of Florida (hereinafter "the County") , and the United States Department of the Interior, Fish and Wildlife Service, (hereinafter "the Service" ) , in order to establish mutual agreements regarding the management of property purchased by the County within National Wildlife Refuges in the Florida Keys . WHEREAS, the County applied for a grant from the Florida Communities Trust (FCT) for the purpose of purchasing land to implement the rate of growth controls, density reductions, and open space requirements in the Monroe County Year 2010 Comprehensive Plan; and vi 2 lT WHEREAS, in a letter to the FCT dated December^419j 1 3 , he Service expressed support for the County' s grant propaal .,and pledged the Service' s assistance in managing said lands purchased by the grant; and z:��. T1 WHEREAS, the FCT has awarded the grant to the County andPimprq'sed -certain management requirements referenced in a-_grant onti,act dated May 3 , 1994 ; and " D WHEREAS, the Service wishes to assist the County in implementing said management requirements and the County wishes to accept this assistance; WHEREAS, the Service is authorized by the Fish and Wildlife Act of 1956 (16 U. S .C. 742a-742j ) to conduct activities required for the development, advancement, conservation, and protection of fish and wildlife resources, including acquisition of land and water or interests therein; NOW THEREFORE, the County and the Service do hereby agree as follows : 1_ The term of this agreement shall commence on the date of execution and continue for a period of twenty-five (25) years unless sooner terminated pursuant to the provisions of this agreement . This management agreement may be renewed upon written agreement of the County and the Service . 2 . Either party may terminate this agreement at any time for convenience upon six (6) months prior written notice to the other party. Page 1 of 3 3 . The County shall provide the Service with the legal descriptions of all properties purchased under the grant and located within the authorized acquisition boundary of the National Wildlife Refuges in the Florida Keys for which the terms of this agreement apply. 4 . The Service shall designate and administer the property as part of the National Wildlife Refuge System pursuant to the National Wildlife Refuge Administration Act, 16 U.S .C. Section 668dd, and the regulations promulgated in accordance therewith. 5 . The Service agrees to conduct the following management activities on said properties in accordance with the FCT- approved management plan: a. Periodic monitoring to identify any illegal activities or dumping of trash and debris. b. Removal and disposal of any trash and debris except hazardous contaminants which shall be the responsibility of the County. c. Eradication of invasive exotic vegetation and replacement or propagation of native species . 6-. - --All notices, demands or other communications to the Service under this agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to: U.S . Department of the Interior, Fish and Wildlife Service, National Key Deer Refuge, P.O. Box 510, Big Pine Key, Florida 33043-0510 . All notices, demands or other communications to the County under this agreement shall be in writing and sent by certified mail, return receipt requested, to: Monroe County Land Authority, 3706 North Roosevelt Boulevard, Suite I, Key West, Florida 30040 7 . Liability of the Service for property damage or the death or injury of persons arising out of the negligent act or omission of its employees acting within the course and scope of their employment and this agreement, is governed by the terms of the Federal Tort Claims Act, 28 U.S.C. , § § 2671-2680 . 8 . It is mutually agreed that nothing in this agreement shall be construed to require the Service to expend any funds that have not been lawfully appropriated and administratively allocated for the purpose set forth in this agreement . Page 2 of 3 9 . In the event of litigation between the parties, arising out of this agreement, the recovery by the Monroe County Board of Commissioners of its attorney' s fees and costs incurred in such litigation, including any appeal therefrom, shall be governed by the provision of the Equal Access to Justice Act, 28 U.S.C. § 2412 . IN WITNESS WHEREFORE, the parties or their authorized representatives hereby execute this agreement on the day and year first above written. ATTEST: MONROE COUNTY BOARD OF DANNY KOLHAGE COUNTcYnsiii MiS IOT By: By: a'w Deput Cleekk Shirley Free an Mayor Approved for Legal Sufficien.y By: I CA Jaf T. Hen.! ick -- - - - UNITED STATES DEPARTMENT OF THE INTERIOR FISH D WILDLIFE ''' SERVICE By: 7� , Title: Regional Dire or Page 3 of 3