Item P02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
July 26, 2000
Division: County Attorney
AGENDA ITEM WORDING:
Assignment of Leasehold and maintenance agreement between Monroe County and
DOT to Islamorada, Village of Islands for:
1) Anne's Beach
2) highway landscaping and maintenance.
ITEM BACKGROUND:
Interlocal Agreements required assignment of these agreements. Since Islamorada and
DOT were bickering over terms for over a year, the County executed one-sided
assignments without approval of the other parties. DOT requires assignments which they
approve.
PREVIOUS RELEVANT BOCC ACTION:
Approval of assignments without concurrence from DOT and Islamorada.
STAFF RECOMMENDATION:
Approval.
TOTAL COST:
BUDGETED: Yes
No
Cost to County:
APPROVED BY:
County Attorney
x
OMBjPurchasing
Risk Management
DIVISION DIRECTOR APPROVAS.,c;: ~ I
DOCUMENTATION: Included -2L- To Follow _ No reqUire~
AGENDA ITEM #
,-~
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Urr!~~ !U,3~b2923516 PAGE
Post-It'. brand tax \ran,;mittal memo 7671 ~ 01 pag"... .yL
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1/4
WPI No
Section/Job No.900S0-2S17 (2516)
FAP No. 5 (US #1 Bayside)
COUllty Monroe
Parcel No. 0020
CO. 5TU J-;fI]!t-r I
Oept.
Co.
ASSIGNMENT OF LEASEHOLD
THIS AGREEMENT for the assignment of leaseholds is made by and among all i
of tl,e following parties: . !
1. The BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY as the;
legil;lative and governing body of Monroe County, a political subdivision of the State:
of Florida, whose address is 5100 College Road, Key West, FL 33040 (hereinafter'
COUNTY) ;
2. The State of Florida Department of Transportation, whose address is
Miami Regional Service Center, 1000 NW 11lth Avenue, Miami, FL 33172:
(hereinafter DOT); ;
3. ISLAMORADA, VILLAGE OF ISLANDS, a muniCipal corporation of the;
State of Florida, whose address is PO Box 568, Islamorada, FL 33036 (hereinafter'
the VILLAGE).
WITNESSETH
WHEREAS, pursuant to Chapter 97-348, Laws of Florida, the VILLAGE was i
incorporated on December 31, 1997; and
WHEREAS, on November 12, 1998, COUNTY and VILLAGE entered into an
Interlocal Agreement for the transfer of certain property interests, leaseholds,
res~lonsibilities and services; and
WHEREAS, by Lease dated September 17, 1991, DOT did lease unto COUNTY :
for a period of five (5) years and extended by an "Extension and Modification'
Agmement of Lease" entered into on December 22, 1993, extending the lease term
for twenty-five (25) years, expiring on September 16, 2021, which Agreements are.
attached hereto and made a part hereof as composite Exhibit "A"; now therefore;
MONROE COUNTY, THE FLORIDA DEPARTMENT OF TRANSPORTATION and THE
VILLAGE mutually agree as follows:
1. COUNTY assigns to VILLAGE its leasehold interest in the Lease i
be~lIeen DOT and the COUNTY, dated September 17, 1991, as extended on
Dec,:mber 22, 1993, as set forth in the Lease, attached hereto as Exhibit A.
~u.. ~L-~~ .~'L~ rKu~'MUN~Ub LUUNIY AIry OFFICE ID.3052823516
PAGE 4/4
~:. All responsibilities, liabilities, privileges ond immunities attached to
said leasehold ore hereby transferred from COUNTY to VILLAGE, subject to
conditions stated below.
~;. a) Should VILLAGE fail to comply with all of its assigned obligotions and
responsibilities under the assigned lease, the COUNTY shall provide maintenance for
those facilities on leased property which existed on the date of assignment.
b) VILLAGE shall indemnify and hold harmless COUNTY for any failure of
VILLAGE to execute its responsibilities under the lease.
IN WITNESS WHEREOF, the COUNTY does execute and set its seal this
day of . 2000.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
(SEAL)
ATTEST:
FLORIDA DEPARTM ENT OF
TRANSPORTATI N
Executive Secretary
(, . 1. . 00
ct Secretary
By
By
~~
(SEAL)
ATTEST:
ISLAMORADA, VILLAGE OF ISLANDS
By_
By
Village Clerk
Mayor
Jdconvo.dotl
e.y
W.P.I No.
Section/Job
F.A.P. No.
County
Parcel No.
.
.
No.: 90050-2517 (2516)
5 (US #1 Bayside)
Monroe
: 0020
LEASE AGREEMENT
THIS AGREEMENT, made this J.:L, day of SrPfr1-lN!l , 1991 by and
between the STATE OF FLORIDA DEPARTMENT OF ~S~ATI~, 1
hereinafter called the LESSOR, and moeu.i! C:Ou,J...r:y
hereinafter called the LESSEE.
WIT N E SSE T H
In consideration of One Dollar ($1.00) and other good and valuable
consideration the Parties agree as follows:
in Exhibit "A", attached hereto and made a part hereof, for a
1. Lessor does hereby lease unto Lessee the lands described
period of Five (5) years beginning with the date of this agreement.
The term of this Agreement shall be automatically reviewed and
extended for an additional five (5) year period.
purposes, and vehicle parking. If the land is used for any other
2. The leased land shall be used solely for recreational
terminating this agreement.
purpose, the Lessor shall have the option of immediately
Lessor shall give the Lessee written notice:as to any Violation,
I
.
and if same is not cured to the satisfaction of the Lessor within
thirty (30) days after such ~otice, then such termination shall be
binding and effective.
However, before termination, the
3. This agreement may be terminated by either party upon
thirty (30) days written notice to the other party.
EXHIBIT A
4. No structures or improvements of any kind except
specifically provided herein shall be placed upon the land without
prior approval in writing by the district Secretary of Lessor. All
permitted structures or improvements of the Lessee shall be removed
by the Lessee at its expense within sixty (60) days of termination
of this Agreement and the land restored as nearly as practical to
its present condition. It is specifically understood and agreed
that Lessor shall have no obligation to financially assist Lessee
in improving the leased land or in removing and improvement from
the leased land at the termination of this agreement.
5. Lessee further specifically agrees that it will not seek
or accept any type of funding for financing improvements to the
.
leased area which will interfere with Lessor's ability to recover
or use said land at termination of this agreement.
the highway right of way.
located solely within the leased area and shall not encroach into
6. Any structures or improvements made upon the land shall be
placing any structures or improvements on the land.
Exhibit "B" and made a part of this agreement, shall be followed in
The typical section identified as
7. Sanitation facilities may be placed on the leased area for
the convenience of the public. All plans for septic tank or other
appropriate sanitation system shall be revie~ed and approved by the
.
Lessor' s environmental section prior to installation after all
necessary permits are obtained from any and all regulatory
agencies.
8. The design and placement of driveway entrances shall be
submit~ed to and approved by Lessor prior to installation.
9. Commercial advertising signs are prohibited. Directional
signs indicating entrances, exits, etc. are permitted. Such signs
must be designed and installed to meet applicable standards of the
Florida Department of Transportation.
Such signs may be
illuminated if permitted by local or county sign codes.
10. Lessee shall not sublet or make any assignment, written or
verbal, of this Lease Agreement except with the prior written
Transportation, his designee or succeSSor.
approval of the District Secretary of the Florida Department of
Lessor from any damage, claims, demands, suits and liabilities of
11. Lessee shall indemnify, defend, save and hold harmless
happening or occurrence on the leased land.
any nature arising out of, because of, or due to any accident
improvements as deemed necessary.
leased area and to require whatever adjustment to structures or
12. The Lessor reserves the right to enter and inspect the
storage of any hazarous or flammable material on the leased area.
and proper manner, and not commit any waste thereon, nor allow the
13. The Lessee will use and occupy said premises in a careful
The Lessee will not use or occupy said premises for any unlawful
purpose. and will conform to and obey any present or future
I
ordinances and/or rules, regulations, requi~ements and orders of
I
oCCupation of said premises.
governmental authorities or agencies respecting and use and
prohibit Overnight camping, and sleeping and COoking in vehicles
parked in the leased area.
The Lessee agrees that he will
14. Lessee is responsible for securing all necessary permits
and licenses, including but not limited to environmental, drainage,
grading and paving permits, from all municipal, county, state, or
fe~eral
agencies,
including
the
Florida
Department
of
Transportation, having jurisdiction.
15. All improvements made to the leased area shall be
accomplished in accordance with a plan approved by the District
Secretary of Lessor, his designee or sucessor.
16. Lessor shall have the right to enter the leased premises
during normal business hours for the purpose of performing
maintenance on its facilities and structures.
keys will be provided to Lessor for emergency access purposes.
means of restricting access to the leased area, a duplicate set of
17. If Lessee installs a locking gate or barrier, or other
and to the maintenance hereof.
18. This lease is subject to all utilities in place and in use
19. Lessee shall maintain the demised area at his expense.
.
.
.
.
IN WITNESS WHEREOF, the parties hereto have caused these
present to be executed, the day and year first above written.
MONROE COUNTY
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTAT N
BY: ~".~"'" ~ · _i\.:. .... ~ BY:
ATTEST: JlANfiX L.; XOWlAGE, Clerk
U-.j)~ .
ATTEST:
Executive
\
~~~.o/
0... 71- -Z~~ C)(
SCHEDULE wA W
SECTION/JOB NO.: 90050-2517(2516)
PARCEL NO.: 0020
A tract of land situated on Lower Hatecumbe Key, in the County
of Honroe and State of Florida and known as being a part of Section
29, Township 64 South, Range 36 East and further known as being a
part of those lands lying southeasterly of the centerline of State
Road Number 5 (U.S. - 1) right-of-way, as shown on Florida State
Right-of-Way Hap for Section 90050, southwesterly of Tract "A"
Lower Matecumbe Beach, according to Plat Book 3, Page 34, of the
Official Records of Honroe County, northeasterly and adjacent to
the West line of said Section 36 and being northwesterly of the
Straits of Florida (a.k.a. Atlantic Ocean) and also including a
part of those lands as described in Official Records Book 1091,
Page 2445, Monroe County PUblic Records and being more particularly
described as follows:
COMMENCE at the most westerly corner of Tract "A" of Lower
Matecumbe Beach, according to the plat thereof as recorded in Plat
Book 3, at Page 34, of the Public Records of Monroe County,
Florida, said point being 50.00 feet southeasterly of station 724-
00 of the Baseline of said Right-of-Way Hap; and the POINT OF
BEGINNING of the parcel of land and water herein intended to be
described; from said Point of Beginning bear South 33 degrees, 26
minutes, 01 seconds East, along the southwesterly line of said
Tract "A" 150.00 feet, to the southeasterly right-of-way line of
said U.S. Highway NO.1; thence bear South 56 degrees, 33 minutes,
59 seconds West, along said southeasterly right-of-way line
2,747.67 feet more or less, to the West line of said Section 29,
Township 64 South, Range 36 East according to said Right-of-Way Hap
- Section 90050; thence bear North 00 degrees, 10 minutes, 51
seconds West, along said West line of Section 29, according t~ said
Right-of-Way Hap - Section 90050, 131.54 feet to a point which is
90.00 feet, measured at right angles southeasterly from the
baseline of survey as shown on said Right-of-Way Map, thence bear
North 53 degrees , 49 minutes, 57 seconds East g38.56 feet to a
point which is 50.00 feet, measured at right angles southeasterly
from said baseline of survey, thence bear North 56 degrees, 33
minutes, 59 seconds East along said line 50 feet southeasterly and
parallel 1,172.94 feet; thence bear North 33 degrees, 26 minutes,
01 seconds West 5.00 feet to a point which is 45.00 feet, measured
at right angles southeasterly from said base line of survey; thence
bear North 56 degrees, 33 minutes 59 seconds East along said line
Schedule "A"
Section/Job No.: 90050-2517 (2516)
Parcel 0020
45.00 feet southeasterly and parallel with said baseline of survey
80.00 feet; thence bear South 33 degrees, 26 minutes, 01 seconds
East, 5.00 feet to a point which is 50.00 feet, measured at right
angles, southeasterly from said base line of survey; thence bear
North 56 degrees, 33 minutes, 59 seconds East along said line 50.00
feet southeasterly and parallel to said base line 585.0 feet more
or less to the Point of Beginning, containing 8.93 acres of land
and water of the Straits of Florida.
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'94 FEE -2 A 9 :34
W.P.I. No.
state/Job No. :
Federal Job No.:
state Road No. :
Mile Marker No.:
Key :
COl1nty :
Parcel No. :
H/A
90050
H/A
5, Oceanside
73
Lower MatecUmbe Beach
Monroe
20
F!LEO ;. n1; P!'cor~'
\.. Z
e. ....
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f-I'JNRO'- ..,;rJ~l! (. H I.
EXTENSION AND MODIFICATION AGREEMENT OF LEASE
The Lease Agreement dated September 17, 1991 and made between
The STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and MONROE COUNTY
is hereby modified and extended for a twenty five (25) year period,
expiring on September 16, 2021.
This extension and modification of the Lease Agreement is for
the portion of Right-of-Way legally described in the attached
Exhibit "A".
If
It is expressly understood that in all other respects, said
terms and conditions of the Lease Agreement shall be in full forc~
'I.. and effect: ~t Paragraph 11 shall apply only to the CounIT' s own negli - (...,
gence Wl.th b..abl.lity up to the anounts deScrl.bed In Sec. 768.28, F.S. . .
IN WITNEAS WHEREOF, the~~ hereto set his hands and seals
this c;jJ.Q ~ day of '~A.J 19 9.:J .
By:
22, 1993
FLORIDA DEPARTMENT
NS~~
~NLEY M. CANN, JR. P.E.
Dist ict Secretary,
District IV
LESSOR
ATTEST~q ~'''^<J
~xe t~ve Secre y
I
"
ATTEST: DANNY L. KOLHAGE,CLF.RK
By ~.Q> c. ~~~
Deputy er
APPROVED AS TO FORK
AND LEGAL SUFFICIENCY
LEGAL APPROVAL AS
FORK AND CONTENT
XECUTION
~
BY: C-/,' .~
At~ey', Office
)
Date: (2 -/0 .9,
Date:
JUN-02-00 15.23 FROM.MONROE COUNTY ATTY OFFICE 10.3052923516
PAGE 2/4
S.P.N. gOOOO-3525
ASSIGNMENT OF MAINTENANCE AGREEM~
THIS AGREEMENT for the assignment of a highway landscape maintenance
agreem(~nt is made by and among all of the following parties:
1, The BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY as the
legislative and governing body of Monroe County, a political subdivision of the State of
Florida, whose address is 5100 College Road, Key West, FL 33040 (hereinafter COUNTY);
2. The State of Florida Department of Transportation, whose address is Miami
Regiona Service Center, 1000 NW 11lth Avenue, Miami, FL 33172 (hereinafter DOT);
3. ISLAMORADA, VILLAGE OF ISLANDS, a municipal corporation of the State of
Florida, whose address is PO Box 568, Islamorada, FL 33036 (hereinafter the VILLAGE).
WITNESSETH
W~ EREAS, pursuant to Chapter 97-348, Laws of Florida, the VILLAGE was
incorpor,;ted on December 31, 1997; and
WHEREAS, on November 12, 1998, COUNTY and VILLAGE entered into an InterJocal
AgreemE!nt for the transfer of certain property interests, leaseholds, responsibilities and
services, and
WHEREAS, on August 19, 1996, DOT did enter into an agreement with COUNTY for
perpetui':y, which Agreement is attached hereto and made a part hereof as Exhibit "A";
now therefore;
MONROE COUNTY, THE FLORIDA DEPARTMENT OF TRANSPORTATION and THE
VILLAGE mutually agree as follows:
1. COUNTY assigns to VILLAGE the COUNTY's obligations and responsibilities
under the agreement entered August 19, 1996.
2. All responsibilities, liabilities, privileges and immunities attached to said
leasehold are hereby transferred from COUNTY to VILLAGE, subject to conditions stated
below.
3. (I) Should VILLAGE fail to comply with all of its assigned obligations and
responsi Jilities under the assigned agreement, the COUNTY shall provide maintenance
under said agreement.
. 0UNT02-~~ Lb'~~ rRUM,MONRUE COUNTY ATTY OFFICE ID,3052823516
PAGE
3/4
:)) VILLAGE shall indemnify and hold harmless COUNTY for any failure of
VILLAGF to execute its responsibilities under the assigned maintena_nce agreement.
IN WITNESS WHEREOF, the COUNlY does execute and set its seal this
day of , 2000.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
(SEAL)
A TrEST:
FLORIDA DEPARTMENT OF
TRANSPORTAT N
By
By
V
(p . 2. . b"O
ct Secretary
E>:ecutive Secreta ry
(SEAL)
AlTEST:
ISLAMORADA, VILLAGE OF ISLANDS
By
By
Village Clerk
Mayor
Jdconvcidot2
~p DYED AS TO FORM
CO 1 ENT AND LEGALITY
~ T~r'
/ VI PDrr
S.P.N.90000-3525
DEPARTMENT OF TRANSPORTATION
HIGHWAY LANDSCAPE MAINTENANCE AGF~T
ram
MONROE COUNTY
A This AGREEMENT, entered into this 19 day of
L1 ~ ' 1996, by and between the STATE OF FLORIDA,
Depar ment of Transportation, a component agency of the State of
Florida, hereinafter called the DEPARTMENT and MONROE COUNTY a
political subdivision of the State of Florida, existing under the
laws of the State of Florida, herein after called the COUNTY.
WITNESSETH
WHEREAS, as a part of the federal enhancement program, the
DEPARTMENT at the request of the COUNTY has created a pedestrian
path within the State right of way for the safety of pedestrians
and pedestrians on that part of the State Highway System described
by Attachment "A", within the corporate limits of the COUNTY;
and
WHEREAS, the COUNTY hereto is of the opinion that said right
of way adjacent to the pedestrian path shall be landscaped with
various flora; and
WHEREAS, the parties hereto mutually recognize the need for
entering into an agreement designating and setting forth the
responsibilities of each party; and
WHEREAS, the COUNTY, at its sole expense, herein agrees to
perpetually assume the maintenance responsibilities for the
pedestrian path and associated landscape within the project limits
described in Exhibit "A", and in exchange, the DEPARTMENT will, at
I its sole expense, construct the pedestrian path and new landscape;
and
WHEREAS, the COUNTY by Resolution No. .'z.al-/99"~~
dated -Jl-';..~I i ~ 199ft, attached hereto as Attacrunent "a", which by
reference hereto shall become a part hereof, desires to enter into
this Agreement and authorizes its officers to do so.
NOW THEREFORE, for and in consideration of the mutual
benefits to flow each to the other, the pbrties covenant and agree
as follows:
1. The COUNTY shall be responsible at no cost- to the Department
for the maintenance of the path and all landscaping except
the turfed/sodded areas within the limits described by
Attacrunent "A", or subsequent amended limits mutually agreed
to in writing by both parties. The COUNTY shall be
responsible for the maintenance activities described below:
EXHIBI'l{ G
S.P.N.90000-3525
1a. Vegetation will be maintained so as to prevent a visual
or other safety hazard for those using or intending to
use the right of way and the pedestrian path.
lb.
To remove and dispose of dead,
deteriorated plants. Plants
agreement to be trees and
turfed/sodded areas.
diseased or otherwise
are defined in this
ground cover, except
Ic. To keep plants as free as possible from disease and
harmful insects.
Id. To remove and dispose of all trinunings, roots,
branches, etc ..., resulting from the activities
described by (la) through (Ic) inclusively as described
above.
Ie. To keep the pedestrian path free from the accumulation
of dirt and debris by periodic sweeping.
The maintenance activities described above to be performed by
the COUNTY, shall be subject to periodic inspections by the
DEPARTMENT. Such inspection findings will be shared with the
COUNTY and shall be the basis of all decisions regarding
modification, reworking or Agreement termination.
2. The COUNTY shall not be responsible for the clean-up, removal
and disposal of debris or replacement of any part of this
project within the Department' s right of way following a
natural disaster (i.e. hurricane, tornados, etc.).
3. If, at any time while the terms of this agreement are in
effect, it shall corne to the attention of the DISTRICT
MAINTENANCE ENGINEER that the COUNTY'S responsibility as
established herein or a part thereof is not being properly
accomplished pursuant to the terms of this Agreement, said
DISTRICT MAINTENANCE ENGINEER may at his option issue a
wri tten notice in care of the DIRECTOR OF PUBLIC WORKS,
MONROE COUNTY, 5100 College Road, Public service Bldg., S.I.,
Key West, Florida 33040 to place said COUNTY on notice
thereof.
Thereafter, the COUNTY shall have a period of thirt;.y (30)
calendar days within which to respond to cited deficiencies
and an additional sixty (60) calendar days to correct the
cited deficiencies if said deficiencies are deemed valid. If
said deficiencies are not corrected within' this time period,
the DEPARTMENT may at its option, proceed as follows:
3a. Maintain the pedestrian path and landscaped area(s)
declared deficient with DEPARTMENT and/or independent
Contractor' s material, equipment and personnel and
2
S.P.N.90000-3525
charge the reasonable cost of such work to the COUNTY,
or
3b. Terminate this agreement in accordance with Paragraph 5
herein and. remove, by Department and/or independent
Contractor' s personnel the pedestrian path and all of
the planted areas, including trees and ground cover
installed under this Agreement and charge the COUNTY
for the reasonable cost of such removal.
4. It is understood between the parties hereto that the path and
landscaping covered by this Agreement may be removed,
relocated or adjusted at any time in the future as found
necessary by the DEPARTMENT in order that the adjacent state
road be widened, altered or otherwise changed and maintained
to meet with future criteria or planning of the DEPARTMENT.
The DEPARTMENT shall notify the COUNTY as soon as it is known
that the landscaping will be removed, relocated or adjusted.
5. This Agreement is subject to termination under anyone of the
following conditions:
Sa. I f the COUNTY fai Is to compl y wi th Paragraph 3 of this
Agreement.
Sb. I f the COUNTY refuses to allow publ ic access to any or
all documents, papers, letters, or other materials made
or received by the COUNTY pertinent to this Agreement
which are subject to provisions of Chapter 119, of the
Florida Statutes.
5c. As mutually agreed to by both parties with a sixty (60)
calendar day written notice.
5d. By both parties, thirty (30) calendar days following
complete execution by both parties of an Agreement to
terminate this Agreement.
6. The terms of this Agreement commence upon execution by both
parties and continue until termination as set forth in
Paragraph 5.
7. This writing embodies the entire Agreement and understanding
between the parties hereto and there are not other agreements
and understanding, oral or written, reference to the subject
matter hereof that are not merged herein and superseded
hereby.
8. This Agreement is nontransferable and nonassignable in whole
or in part without consent of the DEPARTMENT.
9.
This Agreement,
regardless of where executed shall be
3
.'
S.P.N. 90000-3525
governed by, and constructed according to the laws of the
State of Florida.
10. Nothing in this Agreement shall be construed to violate the
provisions of Section 339.135 (6) (a), of the Florida Statutes
(1993), which provides as follows:
The Department, during any fiscal year, shall not expend
money, incur any liability, or enter into any contract which,
by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in
violation of this subsection, is null and void and no money
may be paid on such contract. The Department shall require a
statement from the Comptroller of the Department that funds
are available prior to entering into any such contract or
other binding commitment of funds. Nothing herein contained
shall prevent the making of a contract for periods exceeding
one year, but any contract so made shall be executory only
for the value of the services to be rendered or agreed to be
paid for in succeeding fiscal years; and this paragraph shall
be incorporated verbatim in all contracts of the Department
which are of an amount in excess of $25,000 and which have a
term for a period of more than one year.
11. All notices, requests, demands, consents, approvals and other
communication which are required to be served or given
hereunder shall be in writing and shall be sent by registered
mail or certified U.S. mail, return receipt requested,
postage prepaid, addressed to the party to receive such
notices as follows:
To Department:
Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6207
Miami, Florida 33172-5800
Attention: Director of Operations
To County:
Monroe County
5100 College Road
Public Service Building, S.l.
Key West, Florida 33040
Attention: Di~ector of Public Works
4
, , .
S.P.N.90000-3525
IN WITNESS WHEREOF the parties hereto have caused these
presents to be executed the day and year first above written.
PATH AND LANDSCAPING AGREEMENT WITH MONROE COUNTY
MONROE COUNTY
STATE OF FLORIDA
DEPARTMENT OF T
BY:
~
ATTEST: ATTEST:
County Clerk (Seal)
APPROVED AS TO LEGAL FORM:
;1
~
ATTES'r. DNMfL KCUWII~
INOJ~~ 1eN
~-
I:
".::: a..ERK
c:
5
S.P.N. 90000-3525
ATTACHMENT "A"
THE INFORMATION NOTED BELOW DESCRIBES THE DEPARTMENT'S
PEDESTRIAN PATH AND LANDSCAPE CONSTRUCTION PROJECT
ESTIMATED. IN EXCHANGE FOR THE COST OF CONSTRUCTING AND
INSTALLING THE PATH AND LANDSCAPE, MONROE COUNTY SHALL
ASSUME SOLE RESPONSIBILITY FOR MAINTAINING THE IMPROVEMENTS
UPON PROJECT COMPLETION.
STATE ROAD NO.
STATE PROJECT NO.:
WPI NO.
PROJECT LIMITS
5 (US 1)
90000-3525
6116913
Upper Matecumbe Key from M.P. 6.036 to M.P.
9.815 (Park Dr.) at a width of 3 meters (1.5
meters on each side of centerline of
pedestrian path) on both sides of SR 5/US 1.
The County is responsible for the path and
landscape improvements constructed under
this project only. The Department retains
all other responsibility for the State
right-of-way.
6
Public Works Division
RESOLUTION NO.
261 1996
A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS
AUTHORIZING THE EXECUTION OF A HIGHWAY LANDSCAPE MAINTENANCE
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR
THE UPPER MATECUMBE PEDESTRIAN PATH PROJECT NO. 90000-3525
WHEREAS, the Florida Department of Transportation has,
at the request of the County and under the federal
enhancement program, created within the State right-of-way
on Upper Matecumbe Key a pedestrian path for the safety of
pedestrians; and
WHEREAS, the County has requested that said
right-of-way adjacent to the pedestrian path may be
attractively landscaped; and
WHEREAS, the County will assume the maintenance
responsibilities for the pedestrian path and associated
landscape within the project limits after the Florida
Department of Transportation, at its sole expense,
constructs the Pedestrian Path and installs the associated
~
landscaping; now therefore
BE IT RESOLVED BY THE BOARD OF CdUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
1. The Mayor of the Board is hereby authorized to
execute the Department of Transportation Highway Landscape
Maintenance Agreement for Upper Matecumbe Pedestrian Path
Project No. 90000-3525; and that