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Item M15 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 21 May 2003 Division: Growth Management Bulk Item: Yes ---X- No Department: Marine Resources AGENDA ITEM WORDING: Approval of an Agreement between Monroe County and Tamarac Park Homeowners Association for management of the Geiger Key Boat Ramp. ITEM BACKGROUND: At its March meeting, the Commission agreed to pursue a license agreement for management of the Navy property known as the Geiger Key Boat Ramp. It was agreed that staff should also develop an agreement with the Tamarac Park Property Owners Association for management of the property on the County's behalf. This item is being heard out of sequence (Key Largo instead of Key West or Marathon) because it is time sensitive. Public Works is incurring overtime costs to open and close this facility until the agreement is approved by the Board. PREVIOUS RELEVANT BOCC ACTION: 19 March 2003 - Direction to obtain a license with the Navy and a management agreement with Tamarac Park CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS; Approval TOTAL COST: None BUDGETED: Yes No COST TO COUNTY: None SOURCE OF FUNDS: REVENUE PRODUCING: Yes No ---X- AMOUNT Per Month Year APPROVED BY: County Atty ---X- Risk Management ~ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included -L To Follow Not Required DISPOSITION: AGENDA ITEM NO.: /?:l/...r- , BC030540 04/30/03 6:55 PM AGREEMENT FOR MANAGING GEIGER KEY BOAT RAMP GEIGER KEY~ FLORIDA THIS AGREEMENT is entered into by MONROE COUNTY, a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050, hereafter the County, and Tamarac Park Property Owners Association, P.O. Box 2714, Key West, Florida 33041, hereafter TAMARAC PARK. Section 1. Facts:: 1. Geiger Key Boat Ramp is located on Geiger Key Road, Geiger Key, Monroe County, Florida on property described as Tract A, Boca Chica Ocean Shores. 2. Said facility is owned by the United States as part of properties controlled by the Naval Air Facility (NAF), Key West. 3. The property is managed by Monroe County under the auspices of NAF, Key West with the purpose of providing limited public access to adjacent waters. 4. Under its license with NAF, Key West, said property is to be utilized for water access with conditions as will be defined in an amended license, N62467-02-RP-OOI34. Section 2. Agreements Appendix E 05/0J/03 10:28 AM 1. T AMARAC PARK agrees as follows: A. TAMARAC PARK will open and close the facility known as Geiger Key Boat Ramp daily. (I) Opening of the facility will be at approximately dawn each day. Closing of the facility will occur at approximately dusk of each day. (2) At the discretion of T AMARAC PARK, opening and or closing of the facility may vary so long as the Geiger Key Boat Ramp is closed for the majority of the night hours. The purpose of closing the facility at night is to ensure the tranquillity of the surrounding neighborhood from noise, loitering, littering, or other activities not directly associated with access to the adjacent waters. B. T AMARAC PARK will notify the COUNTY of any problems in managing the facility as they arise. Such problems may include those that involve misuse of the property, littering, abandonment of boats, trailers, or vehicles, loss or vandalism of signage at the site, etc. C. T AMARAC PARK will provide a point of contact for opening and closing of the facility in case of emergencies. D. T AMARAC PARK will limit knowledge of the lock combination for the gate at the property so that reasonable security on the site is maintained. Appendix E 05/01/0310:28 AM E. T AMARAC PARK will not be responsible for maintenance of the property. 2. The County agrees as follows: A. The County will maintain Geiger Key Boat Ramp, to include removal of garbage and refuse and maintenance of signage on the property. Signage will include information concerning hours of opening and closure, depth of adjacent waters, and directions to the appropriate navigable channels. B. The County will maintain a lock on the gate whose combination will be provided to T AMARAC PARK and will be known by NAF, Key West. C. Upon notice by T AMARAC PARK that maintenance or management problems exist the COUNTY will do what is reasonable and necessary to improve the problem. D. Should it be determined by the COUNTY that the conditions set out in Section 2. 1. above are not being adhered to, the COUNTY reserves the right to close the Geiger Key Boat Ramp until assurances are provided that corrective action has been taken by T AMARAC PARK. Section 3. Termination of this AGREEMENT may occur at the direction of wither party. In the event of termination the COUNTY will on a temporary Appendix E 05/01/03 10:28 AM basis (not to exceed two weeks) open and close the Geiger Key Boat Ramp until an alternate AGREEMENT for management of the site is formulated and signed. Section 4. The T AMARAC PARK agrees to maintain adequate insurance or equivalent as provided in Exhibit A. Section 5. All communication between the parties should be through the following individuals or their designees: Monroe County George Garrett, Director Department of Marine Resources Tamarac Park John Sandeen Tamarac Park Property Owners Association P.O. Box 2714 Key West, Florida 33041 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Section 6. The effective date of this AGREEMENT will be upon signature of both parties. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK Appendix E 05/01/03 10:28 AM IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed by its duly authorized representative. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman (SEAL) Attest: TAMARAC PARK PROPERTY OWNERS ASSOCIA nON By Title By Title Appendix E 05/01103 10:28 AM ATTACHMENT A INSURANCE REQUIREMENT Appendix E 05/01/03 10:29 AM