Item O2
BOARD OF COUNTY COM MISSION ERS
AGEN DA ITEM SUM MARY
Meeting Date: March 15, 2006
Division: COl,lnty Adminj~trt)tor
Bulk Item: Yes
Department: County Administrator
St.aff Contact: M a r~_HQ~c::h
No X
AGENDA ITEM WORDING: Approval of a resolution authorizing staff to proceed with
accepting land management resp:lnsibihties for certain Conservation and Natural Area (CNA)
lands to be acquired by the State of Florida.
ITEM BACKGROUND~ In order to secure State funding for the purchase of CNA lands, the
Cau rl tv a pp ~ied for a nd received approva I of a Floh da Forever bou ndary a mend ment. Th e
State of Florida is now ready to begin purchasing CNA lands but requests confirmabon that
the County will manage 5atd ~ands, Following the State's purchase of the land, the State wiH
request the County to enter into a formal lease agreement, wherein the County will be
required to pay an annua~ administrative fee of $300, prepare management plans for the
subject propertfes, and address stewardship issues such as invasive exotic veget.ation, solid
waste, and unauthorized uses. A sample lease is included in the agenda packet. The
proposed resofution autllOrizes staff to provide the requested confirmation and to proceed
with drafting a lease agreement.
PREVIOUS RELEVANT BOee ACTION:
8/20/03 Resolution 346-2003 adopting Conservation and Natural Area maps.
6/16/04 Re50lutfon 219-2004 authorizing a Florida Forever boundary amendment for CNA
!ands and designating Monroe County as land manager where necessary.
CONTRACT I AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: ~ determ,ned
-..... ..... "--.--.-
BUDGETED: Yes P_?I.~ No _
COST TO COUNTY; To be determined
SOURCE OF FUNDS=
County land MgJ..Trust fund and DEP grants
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
YR
APPROVED BY: County Atty ~ OMB/Purchasing _ .m__
Risk Management X,
DIVISION DIRECTOR APPROV Al~
:J /iI;11J.~ J~ 'Willi ..... _.
County Ad m i n i stra tor
DOCUM ENT AllON:
Included __X__..." To Follow
Not Requ~red
DISPOSITION:
R;,;yiSl:d /.In/(Il
AGENDA ITEM #
RESOU .:-nON "'Jo. 20()()
A RESOLLno~ OF THE \10~ROE COL'l\TY 80..\"1<..D OF
r:Oi\.1lvllSSIQr\ I ,xs AUTllORlZl~(J STAFF TO PROCEED \V1TH
AC C HY fl r\;G I. A '\J l) \1A r--,' ALl.:t....1U\'T RE S PO~ SII3ILl TJES FOR CERTAIN
CO\,j Sf:: R VAno.\J ..-\'dJ r--,'A I"L,'RAL A Rl ':A LA ~I)S TO JJJi ACQUIRED BY
THE ST..\TE OF 'FLORlD A
\VTH 'RJ:>\ S. on Augu.'l 20, lOCi':; the \fmlme County 8mrd of County Co tllJll i s,siOl1ClS
{hCl"l~i na 11~':r "GO{ '("'.1 t!d(lpted R~sululiun 346-2lJ{H. thercby idcntit"}:ing nattt ral areas
appmpri ate fOl" pub] ic acqu isilion on the Con..~erv[1lio:1 and Natura! Areas (C'\J ..1\) r,,1ap~ and
WH l-JH-: AS. rn onkl" to sccu rc Stme fu nding lbr lhe pLlfchas.e of CN A land.. on JUl1e 1 (<
2004 the BOre <ldoptcd Rc"olution 2 I 9<::004 au Lbol iziHg su bmi ,>sieHl of a Flori da f: Ol"~':I,-C[
boundary amendment. appliC'ation to thc St\ltC and the designation or \1olHoe County <l.~ the land
manager un said apphcation~ and
\\,'f ffJ{LAS. on fehlL_llitv l ~, 2005 lh~ St,tte.<\cquisition and Rcstoralion Council (ARCJ
81ppruved the rllCl jmity' of said appliC8.l~On_ thereby addi ng arprox~makl y q JOG parcels !o th~
Florida Fnr~Vl;r rrc~ccts in the. KeyS and making said p(lrcds eligible for purchase hy [he Slale
and
V..'IIERL\S. 1he Stme has now cmcr~,:d into comracl ~ to purcha~c vilrious propcnies in the
Cou1l1y's boundary arlH:ndmcnt and rcqutsLS conCirll1ation thilt The COUnly wiD aCL"ep! land
Jllanagt~mCllt I""~sponsjbj!il ~e~ fin' said propertics becaUSe there tS no \vi] 1 i llg managing agency ,H
the sl ate 0, tedcl""af 1 c:vcL alld
WHEREAS, hast~d an ~>lafr di!'-(:us:.;ioll.~, the Cuul1l:Y should exptt:t reque!:'ls of this lype
h}r most or the prorertie~ ill the Counly'.s boundary amcndment which the State is able to
purdl(lSC bccall S~ there is no v'''i 11 rl]g managing agent:y at the !:'tiltc or federal tevd n)r most of
nle5~ lam.ls: alld
WHF..Rf'. AS. once the C OLlJll y" cnnfl rms lTS .........jj[jngue:-.s t.o m(magc the su bjed properries,
the S lale \\..i I J proc~':cd I.vilh <lcq uiring. tit Ie and w in ~u b'i.e'luendy request \.10tllOt' Count:: to enter
illto a tOfJDal reas~ agreemcm Wilh lhe Stale, ".'herein the Counly \,\.'ill be required lO pay an
ClllnU\-l1 adminislrati ve fee of $.'H)O, prepare ma nagcmcnt plan~ t0r the ,>uhjcct propcrlie:( iinJ
add[ e~" s~~~\\"al"d s hi P L$SUeS suc:h ilS j nvasi \'c C\OltC v~gtmtion, so lid wa::;l~, !ind un<luthOl""f7Cd
uses:
NOW TIH.RlTORE, BE IT 'H'~SOl..VED BY THf.: BOARD OF COU'\JTY
COM\11:::;SlONERS, r\"H)T\;RUE COUNTY. HlJRIDA THAT.
~j..::r[ion l The Count).. /\dlll ill istrator or hi S de-;igncc;; arc hereby aul hori7.ed to represent to the
F!o[ id,l I)ep~'l nmcnl uf Envimnmcnta 1 PrOl~c:liml that \10HW(; County i:) wi r1 j ng lO <:I~L:er~ land
ITl<lrJilgcmem respOllsibdi(jc~ j~)r lhose propcnit-s In the County's I'-ImidO! Forc\.'(:r bouwlat\'
arneJldm~nt applicali(lJ] in ll1e U njncorporatcd an:a for \.....hich there is no wining rnanag~r ilt the
:Stale or federal gO\'l'[Jlmenl kvel.
Su.;:1ion 2. Sran is direded to pfOcccd wilh the drafring of a k<:l~~ agRement with thl;, State of
FIoriJa [or the properties t1e.:;nibt>,d in ScctiOIL 1 ahove, (wd j r1 keeping w ilb the provisiulls of the
\\,'HEREAS dau5;cs above. Said kasc: w~lI he pn~sen1ed to rhe County l.ommiss,ion for approval
at d [ulure meeting.
PASSED AND ADOPTED by (he Board of COllnty ComIll!(,,::;ioller.... Monroe Coumy.
Florida al a r~gldLH ill{;l'ling of S;l id Board hclJ on 11le ___ day of , AD..
20D6.
Mayor Charles ..Sonny-- \kCoy
Mayor Pro Tern Murray NdsOJl
Commi,>sioner George N c ugcILl
Commi"sioner David Rice
Commis.sioner I )ixic Spehar
BOARD OF COCI\TY' CO\1M1SSIO~ERS
:Y10KROE COUNTY, FLORIDA
BY:
\-1,-,\ YOR:CHATR Pr~RS(F'>.J
(S f ~J\L)
.A,'ITLST:
DANNY KOLlIAGE. CI .FRK
BY:
DFPLTY CLERK
': _:.~,::_~~~~ .' :"'_/J.;~'~':~ij"';::' ~
CX~.. .'r.. ,".. .::...jX~n..._-
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.~;' .~l1-,..\
~ FLORnsA"-'\\
Department of
Environmental Protection
Jeb Rush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
rallahassee. Florida 32399-3000
Colleen M. Castille
Secretary
Fehruary 21. 2006
Monroe County
Attn: Mark Rosch
1200 Truman Avenuc. Suitc 207
Key West. I-Im'ida 33040
Please be advised that DE!' is requesting that MOlll'oe County accept management of the subdivisions listed
below. DEI' has contacted our existing managing agencies in the Keys (LSFWS. FWCC. and DR!') anclthere are no
\villing managers availahle at the state or Federal GO\'l:rnmcnt level for these sites.
Please send all correspondence concerning the parcels to the address listed bel(m. You wi II receive nwre
requests j(lI' managing agency approval as wc procced through the acquisition process. If you would prefer you may also
prepare a blanket approval for all parcels \vilh thc requirement that we send a copy of the Environme11lal Site Ohservation
for \our approval.
Subdivisions
Sa nth.! BKI)
Ba\ i lavclI-FJ..:1
II" 'IllP" In,-I f... f'
Sincerely.
Ac\;y>$yinson
Amefican Government Ser\ iees
As Authorized Contractor under Contract With
Department of Environmental Protection
Contact Information for Sands-CBKD:
American Government Services
Attn: Edith James Closing Agent
t 560-9 Capital Circle NW
Tallahassee. Florida 32303
(850) 350-9491
lJ;1111~_~it.<.lg~c .hi!
Contact Information for Bav Haven and Thompsons:
American Government Serv'ices
Attn: Ramsey Hughes Closing Agent
1560-9 Capital Circle NW
rallahassce. Florida 32303
(850) 350-9491
I'll llgilc~-{lag~c .bi /
RESOLUTION NO. 719-2004
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING SUBMISSION OF A
FLORIDA FOREVER BOUNDARY MODIFICATION FORM
AND DESIGNATION OF MONROE COUNTY AS LAND
MANAGER THEREIN FOR CONSERVATION AND
NATURAL AREA LANDS.
WHEREAS, on August 20, 2003, the Monroe County Board of County
Commissioners adopted Resolution 346-2003, thereby identifying natural areas
appropriate for public acquisition on the Conservation and Natural Areas (CNA)
Map; and
WHEREAS, State funding is available through the Florida Forever program
to acquire natural areas in the Keys where such lands are included within a
designated Florida Forever project; and
WHEREAS, due to the Area of Critical State Concern designation,
Outstanding Florida Waters designation, high biodiversity, and potential impacts
on State-owned conservation lands, all properties in the CNA are candidates to be
added to a Florida Forever project via a boundary modification; and
WHEREAS, in order to receive the benefit of State acquisition funding, all
boundary modification forms must identify a property manager; and
WHEREAS, the state and federal governments already manage the majority
of the publicly owned properties within the CNA; and
WHEREAS, there may be some properties in the CNA which the land
managing agencies at the state and federal levels are either unable or unwilling to
manage and for which Monroe County will be the only available manager; NOW
THEREFORE, BE IT RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS, MONROE COUNTY, FLORIDA THAT:
Section l. Staff is hereby authorized to submit a Florida Forever boundary
modification form to the Florida Department of Environmental Protection for the
balance of the vacant, private property within the CNA which is not already
included within the existing Florida Forever projects or their proposed additions.
Document 12
Page I of2
Growth Management
Section 2. Where there is no willing manager available at the state or federal
government level, staff is authorized to identify Monroe County as the designated
land manager on the boundary modification fonn.
PASSED AND ADOPTED by the Board of County Commissioners,
Monroe County, Florida at a regular meeting of said Board held on the 16th
day of June, A.D., 2004.
Mayor Murray Nelson
Mayor Pro Tern David Rice
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
yes
yp,:::
yes
yes
yp,:::
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY: ~(~
MAY CHAIR PERSON
(SEAL)
AITEST: DANNY L KOLHAGE, CLERK
BG~
EPUTY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:~ ~ M.J.t-. "\ ""Otl,.
ATTORNEY'S OFFICE
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Document 12
Page 2 of2
OAL2
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
LEASE AGREEMENT
Lease No.
THIS LEASE AGREEMENT, made and entered into this
day of
20 ,by and between the BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA hereinafter referred to as
"LESSOR," and
hereinafter referred to as
"LESSEE. "
LESSOR, for and in consideration of mutual covenants and agreements
hereinafter contained, does hereby lease to said LESSEE, the lands described
in paragraph 2 below, together with the improvements thereon, and subject to
the following terms and conditions:
1. DELEGATIONS OF AUTHORITY: LESSOR'S responsibilities and obligations
herein shall be exercised by the Division of State Lands, Department of
Environmental Protection.
2. DESCRIPTION OF PREMISES: The property subject to this lease contains
67.9 acres, is situated in the County of
State of Florida and is more
particularly described in Exhibit "A" attached hereto and hereinafter called
the "leased premises" .
3. TERM: The term of this lease shall be for a period of 50 years
commencing on
and ending on
unless sooner terminated pursuant to the provisions of this lease.
4. PURPOSE: LESSEE shall manage the leased premises only for the
conservation and protection of natural and historical resources and for
resource based public outdoor activities and education which are compatible
with the conservation and protection of these public lands, as set forth in
subsection 259.032(11), Florida Statutes, along with other related uses
necessary for the accomplishment of this purpose as designated in the
Management Plan required by paragraph 8 of this lease.
5. QUIET ENJOYMENT AND RIGHT OF USE: LESSEE shall have the right of
ingress and egress to, from and upon the leased premises for all purposes
necessary to the full quiet enjoyment by said LESSEE of the rights conveyed
herein.
6. UNAUTHORIZED USE: LESSEE shall, through its agents and employees,
prevent the unauthorized use of the leased premises or any use thereof not in
conformity with this lease.
7. ASSIGNMENT: This lease shall not be assigned in whole or in part
without the prior written consent of LESSOR, which consent shall not be
unreasonably withheld. Any assignment made either in whole or in part without
the prior written consent of LESSOR shall be void and without legal effect.
8. MANAGEMENT PLAN: LESSEE shall prepare and submit a Management Plan for
the leased premises in accordance with Section 253.034, Florida Statutes and
subsection 18-2.021(4), Florida Administrative Code. The Management Plan
shall be submitted to LESSOR for approval through the Division of State Lands,
Department of Environmental Protection. The leased premises shall not be
developed or physically altered in any way other than what is necessary for
security and maintenance of the leased premises without the prior written
approval of LESSOR until the Management Plan is approved. LESSEE shall
provide LESSOR with an opportunity to participate in all phases of preparing
and developing the Management Plan for the leased premises. The Management
Plan shall be submitted to LESSOR in draft form for review and comments within
ten months of the effective date of this lease. LESSEE shall give LESSOR
reasonable notice of the application for and receipt of any state, federal or
local permits as well as any public hearings or meetings relating to the
development or use of the leased premises. LESSEE shall not proceed with
development of said leased premises including, but not limited to, funding,
permit applications, design or building contracts until the Management Plan
required herein has been submitted and approved. Any financial commitments
made by LESSEE which are not in compliance with the terms of this lease shall
be done at LESSEE'S own risk. The Management Plan shall emphasize the
original management concept as approved by LESSOR at the time of acquisition
which established the primary public purpose for which the leased premises
were acquired. The approved Management Plan shall provide the basic guidance
for all management activities and shall be reviewed jointly by LESSEE and
LESSOR. LESSEE shall not use or alter the leased premises except as provided
for in the approved Management Plan without the prior written approval of
Page 2 of 14
Lease No.
R06/17/05
LESSOR. The Management Plan prepared under this lease shall identify
management strategies for exotic species, if present. The introduction of
exotic species is prohibited, except when specifically authorized by the
approved Management Plan.
9. EASEMENTS: All easements including, but not limited to, utility
easements are expressly prohibited without the prior written approval of
LESSOR. Any easement not approved in writing by LESSOR shall be void and
without legal effect.
10. SUBLEASES: This lease is for the purposes specified herein and
subleases of any nature are prohibited without the prior written approval of
LESSOR, which approval shall not be unreasonably withheld. Any sublease not
approved in writing by LESSOR shall be void and without legal effect.
11. RIGHT OF INSPECTION: LESSOR or its duly authorized agents,
representatives or employees shall have the right to reasonably inspect the
leased premises and the works and operations of LESSEE in any matter
pertaining to this lease.
12. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures and
improvements shall be constructed in accordance with plans that are in
accordance with the approved Management Plan or shall require the prior
written approval of LESSOR as to purpose, location and design which approval
shall not be unreasonably withheld. Further, no trees, other than non-native
species, shall be removed or major land alterations done without the prior
written approval of LESSOR. Removable equipment and removable improvements
placed on the leased premises by LESSEE which do not become a permanent part
of the leased premises will remain the property of LESSEE and may be removed
by LESSEE before or upon termination of this lease.
13. INSURANCE REQUIREMENTS: During the term of this lease LESSEE shall
procure and maintain policies of fire, extended risk, and liability insurance
coverage. The extended risk and fire insurance coverage shall be in an amount
equal to the full insurable replacement value of any improvements or fixtures
located on the leased premises. The liability insurance coverage shall be in
amounts not less than $100,000 per person and $200,000 per incident or
occurrence for personal injury, death, and property damage on the leased
Page 3 of 14
Lease No.
R06/17/05
premises.
Such policies of insurance shall name LESSOR, the State of Florida
and LESSEE as coinsureds.
LESSEE shall submit written evidence of having
procured all insurance policies required herein prior to the effective date of
this lease and shall submit annually thereafter, written evidence of
maintaining such insurance to the Bureau of Public Land Administration,
Division of State Lands, Department of Environmental Protection, Mail Station
130, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.
LESSEE
shall purchase all policies of insurance from a financially-responsible
insurer duly authorized to do business in the State of Florida. Any
certificate of self-insurance shall be issued or approved by the Chief
Financial Officer, State of Florida.
The certificate of self-insurance shall
provide for casualty and liability coverage.
LESSEE shall immediately notify
LESSOR and the insurer of any erection or removal of any building or other
improvement on the leased premises and any changes affecting the value of any
improvements and shall request the insurer to make adequate changes in the
coverage to reflect the changes in value.
LESSEE shall be financially
responsible for any loss due to failure to obtain adequate insurance coverage,
and the failure to maintain such policies or certificate in the amounts set
forth shall constitute a breach of this lease.
14.
LIABILITY:
Each party is responsible for all personal injury and
property damage attributable to the negligent acts or omissions of that party
and the officers, employees and agents thereof. Nothing herein shall be
construed as an indemnity or a waiver of sovereign immunity enjoyed by any
party hereto, as provided in Section 768.28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
15.
PAYMENT OF TAXES AND ASSESSMENTS:
LESSEE shall assume full
responsibility for and shall pay all taxes, assessments, liens or other
similar liabilities that accrue to the leased premises or to the improvements
thereon arising after this lease commences including any and all ad valorem
taxes and drainage and special assessments or personal property taxes of every
kind and all construction or materialman's liens which may be hereafter
lawfully assessed and levied against the leased premises subsequent to the
Page 4 of 14
Lease No.
R06/17/05
effective date of this lease. In no event shall the LESSEE be held liable for
such liabilities which arose prior to the effective date of this lease.
16. NO WAIVER OF BREACH: The failure of LESSOR to insist in anyone or more
instances upon strict performance of anyone or more of the covenants, terms
and conditions of this lease shall not be construed as a waiver of such
covenants, terms or conditions, but the same shall continue in full force and
effect, and no waiver of LESSOR of any of the provisions hereof shall in any
event be deemed to have been made unless the waiver is set forth in writing,
signed by LESSOR.
17. TIME: Time is expressly declared to be of the essence of this lease.
18. NON-DISCRIMINATION: LESSEE shall not discriminate against any
individual because of that individual's race, color, religion, sex, national
origin, age, handicap, or marital status with respect to any activity
occurring within the leased premises or upon lands adjacent to and used as an
adjunct of the leased premises.
19. UTILITY FEES: LESSEE shall be responsible for the payment of all
charges for the furnishing of gas, electricity, water and other public
utilities to the leased premises and for having the utilities turned off when
the leased premises are surrendered.
20. MINERAL RIGHTS: This lease does not cover petroleum or petroleum
products or minerals and does not give the right to LESSEE to drill for or
develop the same.
21. RIGHT OF AUDIT: LESSEE shall make available to LESSOR all financial and
other records relating to this lease, and LESSOR shall have the right to audit
such records at any reasonable time during the term of this lease. This right
shall be continuous until this lease expires or is terminated. This lease may
be terminated by LESSOR should LESSEE fail to allow public access to all
documents, papers, letters or other materials made or received in conjunction
with this lease, pursuant to the provisions of Chapter 119, Florida Statutes.
22. CONDITION OF PREMISES: LESSOR assumes no liability or obligation to
LESSEE with reference to the conditions of the leased premises. The leased
premises herein are leased by LESSOR to LESSEE in an "as is" condition, with
Page 5 of 14
Lease No.
R06/17/05
LESSOR assuming no responsibility for the care, repair, maintenance or
improvement of the leased premises for the benefit of LESSEE.
23. COMPLIANCE WITH LAWS: LESSEE agrees that this lease is contingent upon
and subject to LESSEE obtaining all applicable permits and complying with all
applicable permits, regulations, ordinances, rules, and laws of the State of
Florida or the United States or of any political subdivision or agency of
either.
24. NOTICE: All notices given under this lease shall be in writing and
shall be served by certified mail including, but not limited to, notice of any
violation served pursuant to Section 253.04, Florida Statutes, to the last
address of the party to whom notice is to be given, as designated by such
party in writing. LESSOR and LESSEE hereby designate their address as
follows:
LESSOR:
Department of Environmental Protection
Division of State Lands
Bureau of Public Land Administration, M. S. 130
3900 Commonwealth Boulevard,
Tallahassee, Florida 32399-3000
LESSEE:
25. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should LESSEE breach any of
the covenants, terms, or conditions of this lease, LESSOR shall give written
notice to LESSEE to remedy such breach within sixty days of such notice. In
the event LESSEE fails to remedy the breach to the satisfaction of LESSOR
within sixty days of receipt of written notice, LESSOR may either terminate
this lease and recover from LESSEE all damages LESSOR may incur by reason of
the breach including, but not limited to, the cost of recovering the leased
premises and attorneys' fees or maintain this lease in full force and effect
and exercise all rights and remedies herein conferred upon LESSOR.
26.
DAMAGE TO THE PREMISES:
(a) LESSEE shall not do, or suffer to be done,
in, on or upon the leased premises or as affecting said leased premises or
adjacent properties, any act which may result in damage or depreciation of
value to the leased premises or adjacent properties, or any part thereof. (b)
LESSEE shall not generate, store, produce, place, treat, release or discharge
Page 6 of 14
Lease No.
R06/17/05
any contaminants, pollutants, or pollution, including, but not limited to,
hazardous or toxic substances, chemicals or other agents on, into, or from the
leased premises or any adjacent lands or waters in any manner not permitted by
law.
For the purposes of this lease, "hazardous substances" shall mean and
include those elements or compounds defined in 42 USC Section 9601 or which
are contained in the list of hazardous substances adopted by the United States
Environmental Protection Agency (EPA) and the list of toxic pollutants
designated by the United States Congress or the EPA or defined by any other
federal, state or local statute, law, ordinance, code, rule, regulation, order
or decree regulating, relating to, or imposing liability or standards of
conduct concerning any hazardous, toxic or dangerous waste, substance,
material, pollutant or contaminant. "Pollutants" and "pollution" shall mean
those products or substances defined in Chapters 376 and 403, Florida
Statutes, and the rules promulgated thereunder, all as amended or updated from
time to time.
In the event of LESSEE's failure to comply with this paragraph,
LESSEE shall, at its sole cost and expense, promptly commence and diligently
pursue any legally required closure, investigation, assessment, cleanup,
decontamination, remediation, restoration and monitoring of (1) the leased
premises, and (2) all off-site ground and surface waters and lands affected by
LESSEE's such failure to comply, as may be necessary to bring the leased
premises and affected off-site waters and lands into full compliance with all
applicable federal, state or local statutes, laws, ordinances, codes, rules,
regulations, orders and decrees, and to restore the damaged property to the
condition existing immediately prior to the occurrence which caused the
damage.
LESSEE'S obligations set forth in this paragraph shall survive the
termination or expiration of this lease.
This paragraph shall not be
construed as a limitation upon LESSEE'S obligations as set forth in paragraph
14 of this lease, nor upon any other obligations or responsibilities of LESSEE
as set forth herein. Nothing herein shall relieve LESSEE of any
responsibility or liability prescribed by law for fines, penalties and damages
levied by governmental agencies, and the cost of cleaning up any contamination
caused directly or indirectly by LESSEE'S activities or facilities. Upon
discovery of a release of a hazardous substance or pollutant, or any other
Page 7 of 14
Lease No.
R06/17/05
violation of local, state or federal law, ordinance, code, rule, regulation,
order or decree relating to the generation, storage, production, placement,
treatment, release or discharge of any contaminant, LESSEE shall report such
violation to all applicable governmental agencies having jurisdiction, and to
LESSOR, all within the reporting periods of the applicable governmental
agencies.
This paragraph shall not be deemed to apply to any conditions
existing prior to the effective date of this lease.
27. ENVIRONMENTAL AUDIT: At LESSOR'S discretion, LESSEE shall provide
LESSOR with a current Phase I environmental site assessment conducted in
accordance with the Department of Environmental Protection, Division of State
Land's standards prior to termination of this lease, and if necessary a Phase
II environmental site assessment.
28. SURRENDER OF PREMISES: Upon termination or expiration of this lease,
LESSEE shall surrender the leased premises to LESSOR.
In the event no further
use of the leased premises or any part thereof is needed, LESSEE shall give
written notification to the Bureau of Public Land Administration, Division of
State Lands, Department of Environmental Protection, Mail Station 130, 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000, at least six months
prior to the release of any or all of the leased premises. Notification shall
include a legal description, this lease number, and an explanation of the
release.
The release shall only be valid if approved by LESSOR through the
execution of a release of lease instrument with the same formality as this
lease. Upon release of all or any part of the leased premises or upon
termination or expiration of this lease, all permanent/capital improvements,
including both physical structures and modifications to the leased premises,
shall become the property of LESSOR, unless LESSOR gives written notice to
LESSEE to remove any or all such improvements at the expense of LESSEE. The
decision to retain any improvements upon termination of this lease shall be at
LESSOR'S sole discretion.
Prior to surrender of all or any part of the leased
premises a representative of the Division of State Lands, Department of
Environmental Protection, shall perform an on-site inspection and the keys to
any building on the leased premises shall be turned over to the Division.
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29. BEST MANAGEMENT PRACTICES: LESSEE shall implement applicable Best
Management Practices for all activities conducted under this lease in
compliance with paragraph 18-2.018(2) (h), Florida Administrative Code, which
have been selected, developed, or approved by LESSOR, LESSEE or other land
managing agencies for the protection and enhancement of the leased premises.
30. PUBLIC LANDS ARTHROPOD CONTROL PLAN: LESSEE shall identify and
subsequently designate to the respective arthropod control district or
districts within one year of the effective date of this lease all of the
environmentally sensitive and biologically highly productive lands contained
within the leased premises, in accordance with Section 388.4111, Florida
Statutes and Chapter 5E-13, Florida Administrative Code, for the purpose of
obtaining a public lands arthropod control plan for such lands.
31. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the
leased premises is held by LESSOR. LESSEE shall not do or permit anything to
be done which purports to create a lien or encumbrance of any nature against
the real property contained in the leased premises including, but not limited
to, mortgages or construction liens against the leased premises or against any
interest of LESSOR therein.
32. PARTIAL INVALIDITY: If any term, covenant, condition or provision of
this lease shall be ruled by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remainder of the provisions shall remain in full
force and effect and shall in no way be affected, impaired or invalidated.
33. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this lease in no way
affects any of the parties' obligations pursuant to Chapter 267, Florida
Statutes. The collection of artifacts or the disturbance of archaeological
and historic sites on state-owned lands is prohibited unless prior
authorization has been obtained from the Department of State, Division of
Historical Resources. The Management Plan prepared pursuant to Chapter 18-2
Florida Administrative Code, shall be reviewed by the Division of Historical
Resources to insure that adequate measures have been planned to locate,
identify, protect and preserve the archaeological and historic sites and
properties on the leased premises.
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34. SOVEREIGNTY SUBMERGED LANDS: This lease does not authorize the use of
any lands located waterward of the mean or ordinary high water line of any
lake, river, stream, creek, bay, estuary, or other water body or the waters or
the air space thereabove.
35. ENTIRE UNDERSTANDING: This lease sets forth the entire understanding
between the parties and shall only be amended with the prior written approval
of LESSOR.
36. MAINTENANCE OF IMPROVEMENTS: LESSEE shall maintain the real property
contained within the leased premises and the improvements located thereon, in
a state of good condition, working order and repair including, but not limited
to, keeping the leased premises free of trash or litter, meeting all building
and safety codes for the location situated, maintaining the planned
improvements as set forth in the approved Management Plan and maintaining any
and all existing roads, canals, ditches, culverts, risers and the like in as
good condition as the same may be on the effective date of this lease,
reasonable wear and tear excepted; provided, however, that any removal,
closure, etc, of the above improvements shall be acceptable when the proposed
activity is consistent with the goals of conservation, protection,
enhancement, or safety of the natural and historical resources within the
leased premises and with the approved Management Plan.
37 GOVERNING LAW: This lease shall be governed by and interpreted
according to the laws of the State of Florida.
38. SIGNS: LESSEE shall ensure that the area is identified as being
publicly owned and operated as a public facility in all signs, literature and
advertising. If federal grants or funds are used by LESSEE for any project on
the leased premises LESSEE shall erect signs identifying the leased premises
as a federally assisted project.
39. SECTION CAPTIONS: Articles, subsections and other captions contained in
this lease are for reference purposes only and are in no way intended to
describe, interpret, define or limit the scope, extent or intent of this lease
or any provisions thereof.
40. ADMINISTRATIVE FEE: LESSEE shall pay LESSOR an annual administrative
fee of $300. The initial annual administrative fee shall be payable within
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Lease No.
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thirty days from the date of execution of this lease agreement and shall be
prorated based on the number of months or fraction thereof remaining in the
fiscal year of execution. For purposes of this lease agreement, the fiscal
year shall be the period extending from July 1 to June 30. Each annual
payment thereafter shall be due and payable on July 1 of each subsequent year.
Page 11 of 14
Lease No.
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IN WITNESS WHEREOF, the parties have caused this lease to be
executed on the day and year first above written.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
Print/Type Witness Name
By: (SEAL)
GLORIA C. NELSON, OPERATIONS
AND MANAGEMENT CONSULTANT
MANAGER, BUREAU OF PUBLIC
LAND ADMINISTRATION, DIVISION
OF STATE LANDS, DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Witness
Witness
Print/Type Witness Name
"LESSOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of
20 ,by Gloria C. Nelson, as Operations and Management
Consultant Manager, Bureau of Public Land Administration, Division of State
Lands, Department of Environmental Protection, as agent for and on behalf of
the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida, who is personally known to me or who has produced as
identification.
Notary Public, State of Florida
Print/Type Notary Name
Commission Number:
Commission Expires:
Approved as to Form and Legality
By:
DEP Attorney
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Lease No.
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COUNTY ,FLORIDA,
BOARD OF COUNTY COMMISSIONERS
By:
Witness
Print/Type Name
Print/Type Name
Witness
Title:
Print/Type Name
OFFICIAL SEAL
ATTEST:
County Administrator and
Ex-Officio Clerk of
the Board of County
Commissioners of
County, Florida
"LESSEE"
STATE OF FLORIDA
COUNTY OF POLK
The foregoing instrument was acknowledged before me this
20 ,by as
and , as
respectively on behalf of the Board of County Commissioners of
They are personally known to me or who have produced
identification.
day of
County.
as
Notary Public, State of Florida
Type Notary Name
Commission Number:
Commission Expires:
Page 13 of 14
Lease No.
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EXHIBIT "A"
LEGAL DESCRIPTION OF LEASED PREMISES