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Item J14 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 20 April 2005 Bulk Item: Yes X No Division: Growth Management Department: Staff Contact: Marine Resources George Garrett AGENDA ITEM WORDING: Approval for staff to pursue a sub-lease agreement with the State Office of Greenways and Trails for partnership and management of the "Swimming Hole" property on Big Pine Key for development as a passive recreational park. ITEM BACKGROUND: The 'Swimming Hole' property on Big Pine Key is a disturbed, scarified property with a deep boat basin and narrow, shallow entrance. The property has been used for decades by local residents as a recreation area and by liveaboard boaters as an access point to the island. In 2003 the Division of State Lands leased the property to the U.S. Fish and Wildlife Service (USFWS). The USFWS subsequently placed a gate on the property and had expressed an interest in returning the property to its historical wetland character. Early last year discussions began about the possibility of returning management of the property to the County as a passive recreation site for Big Pine and the lower Key. The Department of Marine Resources developed conceptual descriptive plans for the site as a passive recreational park, which provides for the needs of the Department, the Overseas Heritage Trail Program, as well as the residents of Big Pine Key. The Department has been coordinating a transfer oflease from the USFWS to the County for the past year. The Division of State Lands now indicates that it is amenable to leasing the property to the Office of Greenways and Trails, which will in turn sub-lease the property to Monroe County. The Sub-lease should come to the County for approval at either the Mayor June BOCC meeting. When the lease is approved, Public Works will become the manager of the property as a passive recreation park. Acquisition of the property and development as a passive recreation facility is consistent with the plarming efforts underway on Big Pine, specifically the HCP. Plarming, engineering, and funding will have to budgeted in future years in order to manage the park. PREVIOUS RELEVANT BOCC ACTION: December 17, 2003 ~ discussion and direction to pursue management authority for the COlU1ty CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATIONS; Approval TOTAL COST: None BUDGETED: Yes No COST TO COUNTY: None SOURCE OF FUNDS: REVENUE PRODUCING: Yes No Year APPROVED BY: County Atty NA Risk Managemen~ DIVISION DIRECTOR APPROVAL: { ". DOCUMENTATION: Included ~ To Follow DISPOSITION: AGENDA ITEM NO.: BC050410 Swimminghole updatd)OC 3/31/20053:40:00 PM Department of Environmental Protection Jet! Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth 80ulevard TlIlbhQssee, Florida 32399~JOOO AprH 15, 2005 Colleen M, Clis:Hle SeCrtlt..1 r y Mr, Richard Jones Department of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 RE Swimming Hole Properly, Momoe County Dear Mr. RChard: A sublease Is currently being prepared for the above mentioned property; however, your agency wiJl need interim management authority for the 5,Swacre parcel until a lease can be completed. Please consider this letter authorization for Monroe County (County) to enter on stata.owned lands for the purpose of interim management. This authorization in no way waives the authority and/or jurisdiction of any governmental entity, nOr does 11 disclaim any title interest the State may have in this project The County, its agents and contractors agrees to protect. indemnify and hold harmless the Slale of Florida Board of Trustees of the Internallmprovemenl Trust Fund (Trustees) from any and all claims, demands, and causes of every action of every kind and character (including the amounts of judgments, penalties, interests, court costs and legal fees Incurred by the Trustees 0( Department of Environmental Protection in defense of same) arising in favor of governmental agencies or third parties (induding employees of the County, its agents and contractors) as a result of claims, personal injuries, deaths, or damages 10 property. without limitations by enumeration, all other claims or demands of every character occurring or in any way incident to, in connectiof' with Or ari~ing out of the work to be performed by the County. its agents and contractors, For thiS authorization to be valid, a representative of the County will need to sign below and return this 'eHer (0 my attention at the iotterhead 8ddress (directed to Mail Station 130), By 5igr:ing this letter, the County agree$c to assume all liability in case of injury related to actiVities of the County employoes, conlractors, or any volunteers while an state property, This authorization shall take effect on the date af execution by tile County anei shail continue until the subleaSe is executed. Sincerely, ,/~ . ~ I ,--/C' I "-~. ~~ Janice p, Ellison , Operations and Management C01suilant Manager Bureau of Public Land Admln/straMn Mail Station 130 GCNijw MONROE COUNTY, FLORtDA By:~~~u~u_, Tale; Date: -'~-~~.~""""""""'~-~ "Morc Protcction. Less Pmcess ' "nnt~d "'rt recycled popn.