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Item M07BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 15 October 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 with approval to waive insurance requirements. 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. 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 APPROVED BY: County Atty X DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X DISPOSITION: No X AMOUNT Per Month Year To Follow Not Required AGENDA ITEM NO.: BC031010 09/24/03 9:57 AM 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-00134. Section 2. Agreements Agreement 10/01/03 3:22 PM 1. TAMARAC PARK agrees as follows: A. TAMARAC PARK will open and close the facility known as Geiger Key Boat Ramp daily. (1) 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 TAMARAC 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. TAMARAC 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. TAMARAC PARK will provide a point of contact for opening and closing of the facility in case of emergencies. D. TAMARAC PARK will limit knowledge of the lock combination for the gate at the property so that reasonable security on the site is maintained. Agreement 10/01/03 3:22 PM E. TAMARAC PARK will not be responsible for maintenance of the property. F. TAMARAC PARK may not deny access to any member of the public desiring use of the facility. TAMARAC PARK shall contact the Monroe County Sheriff's Department in the case of persons using the facility in a manner contrary to County Ordinance or State Law. 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 TAMARAC PARK and will be known by NAF, Key West. C. Upon notice by TAMARAC 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 Agreement 10/01/03 3:22 PM the right to close the Geiger Key Boat Ramp until assurances are provided that corrective action has been taken by TAMARAC 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 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 TAMARAC 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 Dent Pierce, Director of Public Works 1100 Simonton St. #2-231 Key West, Florida 33040 Tamarac Park John Sandeen Tamarac Park Property Owners Association P.O. Box 2714 Key West, Florida 33041 Section 6. The effective date of this AGREEMENT will be upon signature of both parties. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK Agreement 10/O1/03 3:22 PM OCT-01-03 10:50 FROM:MONROE COUNTY ATTY OFFICE ID:3052923516 PAGE 5/6 IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed by its duly authorized representative. (SEAL) Attest: DANNY L. KOLHAGE, CLERK Deputy Clerk (SEAL) Attest: By Title APPROVED AS TO FORM AND LEGAL SUFFICIENCY ATTO S OFFICE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairnm TAMA.RAC PARK PROPERTY OWNERS ASSOCIATION By Title Agreement 10/01 /2003 10:16 AM Sep 30 03 10:24a Monroe County 305.292.4364 p.2 uy/jb/2003 11:27 305-289-2536 PLANNING DEFT PAGE 01/01 MONROE COUNTY, FLORIDA Request For Waiver Of Jusurance Requirements It is rvgttostcd that tbo insurance requiren=15, as spacetied in the Conntys Schedule of Insurance Requirements, be waived or modif ed one the following contract. Contractor: a arkP er Coanct for: LNU Address of Contractor. Tamarac P�� p , pw r, Assoc�'d u n $,fyVyest^F1o�rida Phone;, Scope of Work. Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Risk Mmxgement Darc County Administrator appeal: Approved' Date: Board of County Comrmuioncrs appeal: Approved: UBetiAg Dato: Not Approved. Not Approved-