Item F27 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20.2012 Division: Public Works/Enaineerina
Bulk Item: Yes X No ` Department: Public Works
Staff Contact Person/Phone#:Bob Stone/6077
AGENDA ITEM WORDING: Approval of Memorandum of Understanding between Monroe County and
Florida Department of Management Services with Respect to Connection to City of Marathon's Wastewater
System and for the sharing of costs for original connection charges,construction of infrastructure and
ongoing maintenance at the State of Florida Monroe Regional Service Center,Florida Fish&Wildlife Repair
Shop and Monroe County Government Center.
ITEM BACKGROUND: The properties, one leased by the County and one leased by Florida Department of
Management Services (DMS) are adjacent to each other and will share the wastewater facilities.The City of
Marathon owns and operates the wastewater utility and has required that the properties be connected to the
system. This MOU will allow the above costs for the wastewater system to be shared. The MOU has been
worked on jointly by the County and DMS.DMS approved the MOU on 10-10-2012.
PREVIOUS RELEVANT BOCC ACTION: On January 15, 1995,the County entered into a long term lease for the
property on which the Marathon Government Center is situated from the State. The lease runs through
November 16,2053.
CONTRACT/AGREEMENT CHANGES:N/A
STAFF RECOMMENDATIONS:Approval
TOTAL COST104.500 INDIRECT COST: BUDGETED: Yes _X__No
DIFFERENTIAL OF LOCAL PREFERENCE:_N/A
COST TO COUNTY:_ estimated 55000 oer vear SOURCE OF FUNDS: 304 funds
REVENUE PRODUCING:Yes_ No X AM VNT PER MONTH Year
��+tJ V
APPROVED BY: County Atty OMB/Purchasing_Risk ManagementfN'�'
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Florida DMS Contract#
Effective Date: 11/20/2012
Contract Purpose/Description: Expiration Date: 01/04/2045
MOU to share costs on connection,construction and maintenance at Marathon Govt
FContract
nager. Bob Stone 6077 FM/16
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 11/20/2012 A enda Deadline: 11/0&2012
CONTRACT COSTS
Total Dollar Value of Contract: $ 104,500 Current Year Portion: $
Budgeted?Yes® No❑ Account Codes: 304-23000-560630-PE1301-560630
Grant: $ _ _
County Match: $ -
Estimated Ongoing Costs: $5,000/yr ADDITIONAL COSTS
—
(Not included in dollar value above) (e .maintenance,utilities, to al,salaries,etc.)
CONTRACT REVIEW
Changes DajOut
Date In Needed Revi r
Division Director 1� Z'YesQ No� �RiskMang em nt � 2 �YesQNoQ/
O.M.B sing`(0--Zt _/� YesQ No[ F
• I
County Attorney / , g,YesQ No '
/D
Comments:
OMB Form Revised 2/27/01 MCP#2
MOU between DMSJMonme County
MEMORANDUM OF UNDERSTANDING
BETWEEN MONROE COUNTY AND DMS WITH RESPECTTO CONNECTION TO CITY OF MARATHONS
WASTEWATER SYSTEM
This Memorandum of Understanding ("MOU") is made and entered into between the Florida
Department of Management Services("DMS"), a public agency of the State of Florida, and Monroe
County Board of County Commissioners("MONROE"), a political subdivision of the State of Florida
on the day of ,2012.
WHEREAS.this MOU is written and signed for the sole purpose of facilitating the implementation of
connection to the City of Marathon's ("City") Wastewater System including(1) original connection
charges, (11) cost of constructing infrastructure to allow for the connection, and (III) ongoing
infrastructure maintenance expenses for the following facilities: State of Florida Monroe Regional
Service Center and Florida Fish & Wildlife Repair Shop, 2796 Overseas Highway, Marathon Florida
and Monroe County Marathon Government Center,2798 Overseas Highway,Marathon Florida.
WHEREAS, DMS entered into a lease dated November 1A 2003,with BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA,regarding certain property,more
particularly described in the lease(attached hereto and made a part hereof in Exhibit A to this
agreement),said property lies within the City and is subject to City policies;and
WHEREAS,MONROE COUNTY BOARD OF COUNTY COMMISSIONERS entered into a lease dated
January 5th,1995,with the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE
STATE OF FLORIDA,regarding certain property,more particularly described in the lease(attached
hereto and made a part hereof in Exhibit B to this agreement),said property lies within the City and
is subject to City policies:and
WHEREAS,the City owns,operates,and manages a wastewater utility;and
WHEREAS,the City has adopted a set of policies and procedures to enforce mandatory
wastewater connections in accordance with Chapter 99-395, Laws of Florida and Chapter 34 of
the Marathon Code;and
WHEREAS,on or about August 10,2010,the City sent the statutorily required
notice informing all affected properties that the City's wastewater system in Service Area 3 is
available and that connection is required within 365 days;and
WHEREAS,DMS has established a program per"Preliminary Engineering Report at Monroe Regional
Service Center"dated January 26,2011 as prepared by Jim Stldham&Associates,Inc.,and attached
hereto and made a part hereof as Exhibit C;and
WHEREAS, it is the desire of the parties and It serves a public purpose for DMS and MONROE to
connect to the City's wastewater system and share in all the expenses required for this connection
including (1) original connection charges, (11) cost of constructing infrastructure to allow for the
connection,and(iii)ongoing maintenance expenses with the infrastructure;and
11Page
MOU between DMS/Monroe County
NOW THEREFORE,COUNTY and DMS,through their respective governing bodies,and In
consideration of the mutual promises and covenant herein contained,hereby agree as follows:
I. The parties do hereby adopt all the foregoing clauses as part of their agreement.
II. PROPERTY.
The properties encompassed by this agreement is described above in Exhibits A and B.
Ill. SHARING OF COSTS OF CONSTRUCTION AND CONNECTION.
DMS and MONROE shall share In all the expenses required for this connection including
original connection charges,cost of constructing infrastructure to allow for the connection,
and ongoing maintenance expenses with the Infrastructure,as follows:
A. CONNECTION AND CONNECTION COSTS shall be shared in the following manner:
t. DMS=13.8(Equivalent Dwelling Unit)EDU+M connection fee=$65,122.30(for
property leased by DMS);
z. MONROE=5.6 EDU+X connection fee=$26,738.10(for property leased by
MONROE).
.19
3. These payments are to be made separately to the City of Marathon by DMS
and MONROE.
B. COST OF CONSTRUCTING INFRASTRUCTURE shall be sharnedjn the following
manner.
i. DMS:=50X of all expenses incurred as a result of building infrastructure to
connect;
z. MONROE:=50X of all expenses incurred as a result of building Infrastructure to
connect;
C. Construction Documents and Contracts.
It is agreed between the parties that either or both DMS and/or MONROE
shall when contracting with third parties forthe work done under this MOU that the
contracting party shall provide within the construction bid documents and construction
contract that the Contractor shall equally invoice half to each and provide acceptable
documentation to both DMS and Monroe for periodic progress payments and final payment.
IV. COST OF ONGOING MAINTENANCE EXPENSES
In addition to the cost of construction and connection listed above in Section 11,and because
the presently existing on-site equipment and appurtenances are considered one collection
system for the DMS property and the leased property,the cost of ongoing maintenance
expenses shall be shared in the following manner:
A. DMS shall be responsible for 50X of all expenses incurred as a result of any ongoing
maintenance expenses
B. MONROE shall be responsible for 50X of all expenses incurred as a result of any
ongoing maintenance expenses
2 1 P a g e
MOU between DMS/Monroe County
C. It Is agreed between the parties that any maintenance contract/agreement entered
Into by either party,for the subject property,shall Include a provision that the
maintenance Contractor shall equally invoice half of the payments thereunder to
each party and provide acceptable documentation to both DMS and Monroe for
periodic payments per the maintenance agreement.
V. TERM OFTHE MEMORANDUM OF UNDERSTANDING
This MOU shall begin on the date on which it is signed by both parties,whichever Is later, and
shall end at midnight on January 4th, 2045. In the event this MOU is signed by the parties on
diffefent dates the 4atW date shall control.
VI. RESPONSIBILITIES OF PARTIES
DMS and MONROE agree to carry out the actions and responsibilities specifically associated
with this MOU,reflected in section I, II,and III above,in addition to the following:
i. DMS Responsibilities:
a. Participate in and provide guidance during the original connection to the City
Wastewater System;
b. Participate in and provide guidance during the construction of infrastructure
to connect to the City Wastewater System;
c. Participate in and provide guidance during any ongoing maintenance
expenses;
d. Initiate, administer and hold all design, construction and maintenance
contracts/agreements with review and concurrence from Monroe,which may
not be unreasonably withheld.
e. Obtain and do all necessary actions to request and provide the funding
needed to implement a.,b.,c.,and d.above.
z. MONROE Responsibilities:
a. Participate in and provide guidance during the original connection to the City
Wastewater System;
b. Participate in and provide guidance during the construction of infrastructure
to connect to the City Wastewater System;
c. Participate in and provide guidance during any ongoing maintenance
expenses;
d. Obtain and do all necessary actions to request and provide the funding
needed to implement a.,b.,and c.above.
VII. REVIEW AND MODIFICATION
A. Upon request of either party, both parties will review this MOU In order to determine
whether its terms and conditions are still appropriate. The parties agree to renegotiate
terms and conditions hereof if it is mutually determined that significant changes In this
MOU are necessary. There are no obligations to agree by either party.
B. Modifications to the provisions of this MOU shall be valid only through execution by both
parties of a formal written amendment to the MOU.
3 1 P a g e
MOU between DMS/Monroe County
C. This MOU may be terminated at any time upon the mutual consent of both parties or
unilaterally by either party upon no less than thirty(30)calendar days' notice. Notice shall
be delivered by certified mail,(return receipt requested).
Vill. OTHER CONDITIONS
A. Indemnification.
DMS and MONROE are state agencies or political subdivisions as defined in Section
768.28, Florida Statutes,and agree to be fully responsible for acts and omissions of their
own agents or employees to the extent permitted by law. Nothing herein Is intended to
serve as a.waiver of sovereign immunity by either party to which sovereign immunity
may be applicable. Further, nothing herein shall be construed as consent by a state
agency or political subdivision of the State of Florida to be sued by third parties in any
matter arising out of this MOU or any other contract
B. Disputes.
Any dispute concerning this MOU shall be resolved informally by the MOU Managers.
Any dispute that cannot be resolved informally shall be reduced to writing and delivered
to the General Counsel of both DMS and MONROE. The DMS General Counsel and the
MONROE General Counsel shall attempt to agree upon a resolution which shall be
acceptable to both parties and which shall be reduced to writing,and If unable to do so
shall agree upon a third party to decide the dispute, reduce the decision to writing,and
deliver a copy to the parties,the MOU Managers.All dispute resolutions are not binding
upon the County until approved by the Board of County Commissioners and are not
binding upon DMS until approved in accordance with Florida law.
C. Contingency Statement.
DMS's and Monroe's performance and obligation to pay under this MOU is contingent
upon an annual appropriation by their respective governing bodies. The State of
Florida's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the legislature.
D. Severabilitv_.
If any term or provision of this MOU shall to any extent be held invalid or unenforceable,
the remainder of this MOU shall not be affected thereby,and each remaining term and
provision shall be valid and enforceable to the fullest extent permitted by law.
E. Waiver.
The failure of either party to this MOU to object to or take affirmative action with respect
to any conduct of the other in violation of any term or condition of this MOU shall not be
construed as a waiver of the violation or breach,or a waiver of any future violation,
breach,or wrongful conduct.
F. Counterparts.
This MOU may be executed in several counterparts,each of which shall be deemed an
original and such counterparts shall constitute one and the same instrument.
G. Authority.
4 Page
MOU between DMS/Monroe County
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County,
corporate or individual action,as required by law.
H. Notices.
All notices given under this lease shall be in writing and shall be served by certified mail
to the last address of the party to whom notice is to be given as designated by each
party.The parties hereby designate their address as follows:
Department of Management Services and DMS General Counsel
State of Florida State of Florida
405o Esplanade Way 405o Esplanade Way
Tallahassee,Florida 32399-0950 Tallahassee, Florida32399-0950
County Attorney and County Administrator
PO Box 1026 1100 Simonton Street
Key West,Florida 33041-1026 Key West, Florida 33040
IN WITNESS THEREOF, the parties hereto have caused this MOU to be executed by their
undersigned officials as duly authorized.
Monroe County
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L KOLHAGE,Clerk OF MONROE COUNTY,FLORIDA
By By.
Deputy Clerk Mayor/Chairman
Date:
Department of Management Services MONROE COUNTY ATTORNEY
'PROVED AS TO I?RM:
SIGNED N TILEENE W. CASSEL
BY: ASSISTANT COUNTY ATTORNEY
ate
NAME: Tom Berger
TITLE: Division Director
Division of Real Estate Development and
Management(REDM)
DATE: b /V I
5 1 P a g e
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
LEASE AGREEMENT
Lease Number 4442
This lease is made and enured into this .14L day of
200 between the BOARD OF TRUSTEES OF THE
INTERNAL neROVEMENT TRUST FUND OF THE STATE OF FLORIDA,
hereinafter referred to as 11LESSOR", and the STATE OF FLORIDA
DEPARTMENT OF ANT SERVICES, hereinafter referred to as
"LESSEE". "
WITNESSETH:
AREAS, the BOARD OF TRUSTEES OF THE INTERNAL IMpRO{/gT
TRUST FUND OF THE STATE OF FLORIDA.holds title to certain lands
and property being utilized by the State of Florida for public
purposest and
AREAS, the BOARD OF TRUSTEES OF THE INTERNAL naROVEMEMT
TRUST FUND OF THE STATE OF FLORIDA is authorized in Section
253.03, Florida Statutes, to enter into leases for the use,
benefit and possession of public lands by State agencies which
may properly use and posaess them for the benefit of the people
of the State of Florida.
NOW, THEREFORE, the parties, for and in consideration of
the mutual covenants and agreements hereinafter contained, .
LESSOR leases the below described premises to LESSEE 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 is situated in the County of Monroe, State of Florida and
is more particularly described in Exhibit "A" attached hereto
and hereinafter referred to as the "leaned premises."
EXHIBIT
r i
y;
3. TERM: The term of this sublease shall be for a period of
fifty years commencing an
�3, and ending
on , unless sooner terminated pursuant to
the provisions of thislease.
4. PURPOSE: LESSEE shall manage the leased premises only for
the establishment and operation of a state office building and
laboratory, along with other related uses necessary for the
accomplishment of this purpose.
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- UNADTHORIZED USE: LESSEE shall, through its agents and
employees, prevent the unauthorized use of the leased premises
or any use thereof not in conformance with this lease.
7• RIGHT OF INSPECTION: T,EggpR or its duly authorized agents
shall have the right at any and all times to inspect the leased'
premises and the works and operations thereon of LESSEE, in any
matter pertaining to this lease.
S. INSURANCE REQUIREMENTS: LESSEE shall procure and maintain
fire and extended risk inauraace coverage in•accordance with
Chapter 284, Florida Statutes, for any buildings and
improvements located on the leased premises by preparing and
delivering to the Division of Risk Management, Department of
Insurance, a completed Florida Fire Insurance Trust Fund
Coverage Request Form and a copy of this lease immediately upon
erection of any structures as allowed by paragraph 4 of this
lease. A copy of said form and immediate notification in
writing of any erection or removal of structures or other
improvements on the leased premises and any changes affecting
the value of the improvements shall be submitted to the
following: Bureau of Public Land Administration, Division of
Page 2 of 20
Lease No. 4442
State Lands, Department of Environmental Protection, Mail
Station 130, 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000.
9. LIABILITY: LESSEE shall assist in the investigation of
injury or damage claims either for or against LESSOR or the
State of Florida pertaining to LESSEE'S respective areas of
responsibility under this lease arising out of LESSEE'S
respective management programs or activities and shall contact
LESSOR regardinq the legal action deemed appropriate to remedy
such damage or claims.
9. 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 Division of Historical Resources of the
Department of State.
10. EASEMENTS: All easements including, but not *limited to,
utility easements are expressly prohibited without the prior
written approval of -LESSOR. All easements not approved in
writing by LESSOR shall be void and without legal effect.
11.. SUBLEASES: LESSEE shall have the authority to sublease all
or any portion of the leased premises when acting•within the
scope of LESSEE'S statutory authority pursuant to Chapter* 255
and 272, Florida Statutes; provided, however, that such
subleases shall conform in every respect to this lease and to ,
Chapter 19-2, Florida Administrative Code, and Chapter 253,
Florida Statutes. The term for any sublease issued under this
lease shall not be greater than the amount of time remaining
under this lease. Any sublease issued under this lease not
meeting the requirements eat forth herein shall be void and
without legal effect. LESSEE shall submit, immediately
Page 3 of 20
Lease No. 4442
subsequent to execution, a copy of any sublease issued under
this lease 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.
13. ENVIRONMENTAL AUDIT: At LESSON'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 Lands0 standards
prior to termination 9f this lease, and if necessary a Phase II
environmental site assessment.
14. SURRENDER OF PREMISES: Upon expiration or termination 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 execution of a relaaae of lease instrument with the same
formality as this lease. Upon release of all or any part of the
leased premises or upon expiration or termination of this lease,
all 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
Page 4 of 20
Lease No. 4442
the Division of State Lands shall perform an on-site inspection
and the keys to any buildings on the leased premises shall be
turned over to the Division. If the improvements do not meet
all conditions as set forth in paragraphs 18 and• 21 herein,
LESSEE shall pay all cost necessary to meet the prescribed
conditions.
15. 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 or other land
f managing agencies for the protection and efthancement of the
leased premises.
IS. 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 389.4111, Florida Statutes and Chapter
5E-13, Florida Administrative Code, for the purpose of obtaining
a public lands arthropod control plan for such lands.
17. 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, and LESSOR specifically
reserves the right to lease the leased premises for purposes of
exploring and recovering oil and minerals by whatever means
appropriate; provided, however, that LESSEE shall be fully
compensated for any and all damages that might result to the
leasehold interest of LESSEE by reason of such exploration and
recovery operations.
18. UTILITY FEES: LESSEE shall be responsible for the payment
Of all charges for the furnishing of gas, electricity, water and
Page 5 of 20
Lease No. 4442
other public utilities to the leased premises and for having all
Utilities turned off when the leased premises are surrendered.
19. ASSIGNMENT: This lease shall not be assigned in whole or
in part without the prior written consent of LESSOR. Any
assignment made either in whole or in part without the prior
written consent of LESSOR shall be void and without legal
effect.
20. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings,
structures, improvements, and signs shall be constructed at the
- expense of LESSEE in accordance with plans prepared by
Professional designers and shall require the prior written
approval of LESSOR as to purpose, location, and-design.
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 and which
do not become a permanent part of the leased premises will
remain the property of LESSEE and may be removed by LESSEE upon
termination of this lease.
21. MAINTENANCE OF 2MPROVEMENTS: LESSEE shall maintain the
real property contained within the leased premises and any
improvements located thereon, in a state of good condition,
working order and repair includinq, but not limited to, keeping
the leased premises free of trash or litter, meetifig all
building and safety codes in the location situated, 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.
22. ENTIRE UNDERSTANDING: This 1'eage'3ets forth the entire
understanding between the parties as to the lease and shall only
be amended with the prior written approval of LESSOR.
Page 6 of 20
Lease No. 4442
23. BRERCH 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 remadk such breach
within sixty days oP 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
and recover from LESSEE all damages LESSOR may incur by reason
of the breach including, but not limited to, the coat of
recovering the leased premises or maintain this lease in full
force and effect and exercise all rights and remedies herein
conferred upon LESSOR.
24. NO WAIVER OF BRERCH: The failure of LESSOR to insist in
any one or more instances upon strict performance of any one or
more'of the covenants, terms and conditions of this lease shall
not be construed as a waivei of such covenants, terms and
conditions, but the same shall continue in full force and
effect, and no waiver of LESSOR of any one 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.
25. PROHIBITIONS AGAINST LIENS OR O IRANCES: 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.
26. CONDITIONS AND COVENANTS: All of the provisions of this
lease shall be deemed covenants running with the land included
in the leased prsmisea, and construed to be "conditions" as well
as "covenants" as though the words specifically expressing or
imparting covenants and conditions were used in each separate
provision.
Page 7 of 20
Lease No. 4442
21. 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
any contaminants, pollutants or pollution,• including, but not
limited to, hazardoud 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 substances7 shall mean and
include those elements or compounds defined in 42 USC Section .
9602 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
Promises, and (21 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
Page 8 of 20
Lease No. 4442
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. Nothinq 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
violation of locdl, 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.
28. PAYMENT OF TAXES AND ASSESSMENTS: LESSEE shall assume full
responsibility for and shall pay all liabilities that accrue to
the leased premises or to the improvements thereon,. including
any and all drainage and special assessments or taxes of every
kind and all mechanic's or materialman's liens which may be
hereafter lawfully assessed and levied against the leased
premises.
29. 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. This right shall be continuous until this lease expires
or is terminated. This lease may be terminated by LESSOR 'ahould
LESSEE fail to allow public acc@ss to all documents, papers,
Page 9 of•20
Lease No. 4442
letters or other materials made or received in conjunction with
this lease, pursuant to Chapter 119, Florida Statutes.
30. NON-DISCRIMINATION: LESSEE shall not discriminate against
any individual because of that individual's race, color,
religion, sex, national origin, age, handicaps, 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.
31. 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.
32. TIME: Time is expressly declared to*'be of the essence of
this lease.
33. GOVERNING LAW: This lease shall be governed by and
interpreted according to the laws of the State of Florida.
34. 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.
35. ADMINISTRATIVE FEE: LESSEE shall pay LESSOR an annual
administrative fee of $300. The initial annual administrative
fee shall be payable within 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 10 of 20
Lease No. 4442
36. SPECIAL CONDITION: The following special condition shall
apply to this lease:
A. LESSEE shall provide facilities on the leased premises
for a Department of Environmental Protection laboratory and a
marine patrol office.
IN WITNESS WHEREOF, the parties have caused this lease to
be executed on the day and year first above written.
HOARD OF TRUSTEES OF THE INTERNAL
IMPROVMUM TRUST FUND OF THE
STATE OF FLORIDA
W 3t:p as By: 1L,.: n,h O,.,rL (SEAL)
GLORIA C. NELSON, OPERATIONS
AND AGEMBNT CONSULTANT
Print Type Witness Name MANAGER, BUREAU OF PUBLIC
LAND ADMINISTRATION, DIVISON
OF STATE LANDS, DEPARTMENT OF
s ENVIRONMENTAL PROTECTION
0o rd
'rintIT ness Name "LESSOR"
STATE OF FLORIDA
COUNTY OF LEON
�1The foregoin I instrume�t�� was ac wledged before me this
day of �lu✓ht,. - 20 0 by Gloria C. Nelson,
Operations and Management Consultant tanager, 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. Sheds personally known to me.
Notary Pub c, State for"i a
Print Type No
�ie4w�ure
Commission Nimibe
Commission Expires:
Approved to Form a�Legality
By:
DEP t am y
Page 11 of 20
Lease No. 4442
STATE OF FLORIDA, DEPARTMENT OF
• MANAGEMENT SERVICES
BY: � . (SEAL)
mess -fAI
I�LFf J
XZVTe Witness Name Pr nt Type Name .
• Title: LAIL& —
W ess,
"LESSEE"
Pr nt Typa Witness Name ���
STATE OF FLORIDA
COUNTY OF LEON
The forego ng instrument was acknowledged befo a me this
day of , 20 03, by � }- ,
as IYtL Sta ram,
Department of Management Sery can. a is ersonall Imo to
me or produced as identification.
e
Notary Publ c� Sta�te o
. (SEAL) L `T•�yd�t m.G�•vr�tl
iQ Print/Type Notary Name
e � *
commission Number. bD1g11g31
WON
„ Commission Expires:P 01-la-Olo
A810 F�11 .
0FRCEOFINGENENLOOM
BY ,
e
a
Page 12 of 20
Lease No. 4442
EMBIT "Au
A tract of land in a part of Government Lot 1, Sec 56S.
2.2 , on Kay vaca, Marathon, Konrad County, Florida and—Fe-En-
more particularly • described by mates and bounds as follows:
Commencing at the intersection of the went Line of Government Lot
-1 section 9, T.66S., Ra 32E., and the Nort}?westarly right-of-way
line of Old State Highway No. 4A, bear Northeasterly along the
Northwesterly right-cf-way line of Old State Highway No. 4A for a
distance of 1396 feet to the point of beginning of the tract of
land hereinafter described; ,from said point of beginning, bear
North for a distance of 233.30 feet to a point;'thence bear South
87 degrees and 50 minutes West alonq an existing Cyclone.Fence for
a distance of lao feat•to a point] thence bear North for a distance
of 138.5 feet, along an existing Cyclone Fence, to a point; thence
bear North 02 degrees, 46 minutes and 52 seconds West along an
existing Cyclone Fence for a distance of 77.4 feet to a point;
thence bear Northwasterly along an existing Cyclone Fence for a
distance of 6.62 feet to a point on the shordline of the Ray of
Florida, saiO shoreline being a concrete retaining wall; thence
meander the .gktcrelins. of the Hay of Florida (doncrete retaining
wall and the natural coral rock shoreline) in a Northeasterly
direction to a point•which. is 25o feet, measured at right angles
to the West'.]property line of the U. S. Navy and also being Westerly
from said West Property Line of V. S. navy; thence bear South 19
degrees and 18 minutes and 40 seconds East-for a distance of 380.45
feat to a point on the Northwesterly right-cfway line of Old State
Highway No. 4A; thence bear Southwesterly along the Northwesterly
right-cf-way line of Old State Highway4a. 4A for a distance of 491
feet, more or less, back to the point of beginning. ,
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL:
Situated in the County of Kazirce, State of Florida and known as
being part of Government Lot 1, Section 9, Township 66 South, Range
32 East, on Rey vaca and further known as being a Westerly portion
of that land on said Key vaca described in Official Record Book 364
thru 368 of Konrad County, Florida Deed Records, which•exists above
the mean high water line located upon the natural*Florida Bay shore
of Xey vaca, and being more particularly described.by mates and
bounds as followas
Commencing at the intersection of the West line of Government Lot
1, Section 9, Township 66 South, Range 32 East and the
Northwesterly Right-of-Way line of' Old State Highway No. 4-A, bear "
North 74 degrees, 21 minutes, 20 seconds Rant along the
Northwesterly Right-of-Way, line of Old State Highway No. 4-A
1194.18 feet to •a point of curvature therein; thence continue
Northeasterly along the said Northwesterly Right-of-Way line of
said Old state Highway'No. 4-A on the arc of a curve deflecting to
the left 201.81 feet, said curve having a radios of 781.21 feet,
the chord of which bears North 66 degrees, 57 minutes, 16 seconds
East 201.26
herein int me feet to the POINT OF BIGINNING •of the parcel of land
ndad to be daaciibad; from said'POINT OF BEGINNING bear
North 00 deg=ess, 00 minutes, 16 seconds East' 224.48 feet to the
centerline of -an existing cyclone fence which bears South ae
degrees, 02 minutes, 58 seconds West; thence bear South 88 degrees,
02 minutes, 58 seconds West along the centerline of said existing
cyclone fence 99.85 feet to the centerline of an existing cyclone
fence which bears North 00 degreas, 00 minutes, 23 seconds East;
thence bear North 00 dac:Waso, 00 minutes, 23 seconds East along the
centerline of said existing cyclone fence '137.49 feet to an angle
point therein; thence continua along the centerline of said
existing cyclone fence bearing North 03• degrees, 37 minutes, 12
seconds West 6.12 feet to its intersectioN with the mean high water
line within the natural Florida Ray Shbre of Kay' vaca; thence
med"nder said mean high water line in a generally Easterly direction
On the f011aving descriptive course
s,, bearing• first South 63
degrees, 24 minutes, 34.4 seconds East 7.768 feet; thence South 33
degrees, 04- minutes, 17.2 seconds East 56.629 feet;- thence South
Page 13 of 20
Loans No. 4442
77 degrees, 52 minutes, 58 seconds East 58.312 feet; thence South
95 degrees, 43 minutes, 2.7 seconds East 67.668 feet; thence North
79 degress, 01 minutes, 15.4 seconds East 43.39 fast; thence bear
South 00 degreee, 00 minutes, 23 seconds West from said mean high
water line 76.61 feet; thence bear eodth 88 degrees, 02 minutes,
58 seconds West 83.03 fast; thence bear South 00 degrees, 00
minutes, 16 seconds West 213.00 feet to a point on the
Northwesterly Right-of-Way line of Old State Highway No. 4-A;
thence bear Southwesterly along the said Northwesterly Right-of-
Way line of Old State Highway No. 4-A on the arc of a curve
deflecting to the right 23.41 feet, said curva having a radius of
781.21 feet, the chord of which bears South 58 d ees, 41 minutes,
41.3 seconds West 23.409 feet back to the POINT OF BEGINNING and
containing 0.5000 Acres of land above the mean high water line
located upon the natural Florida Bay Shore of Key Vacs.
ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL.
Situated in the County of Monroe, State of Florida and known as
being a parcel of filled bay bottom land formerly submerged by,the
waters of Florida Bay contiguous to and Northerly of Government Lot
1, Section 9j Township 66 South, Range 32 east, Key Vaca, and
further known as being a portion of those lands described in
Official Record Book 839, Pages 364 thru 368 of Monroe County
Florida Deed Records, and being more particularly described by
mates and bounds as follows:
Commoncinq at the intersection of the Went line of Government Lot
1, Section 9, Township 66 South, Range 32 East and the
Northwesterly Right-of-Way line of Old State Highway No. 4-A, bear
North 74 degrees, 21 minutes, 20 seconds East along the
Northwesterly Riqht-of-Way line of Old State Highway No. 4-A,
1194.18 fast to a point of curvature thersin; thence continua
Northeasterly along the said Northwesterly Right-of-Way line of
said Old State Highway No. 4-A on the arc of a curve deflecting to
the left 225.23 fact, said curve having a radius of 781.21 f"t,
the chord of which bears North 66 degrees, 05 minutes, 45 seconds
East 224.43 feet; thence bear North 00 degrees, 00 minutes, 16
seconds Best 213.00 feat; thence bear North 88 degrees, 02 minutes,
58 seconds East 85.03 fast; thence bear, North 00 degrees, 00
minutes, 23 seconds East 76.61 feet to the mean high water line
within the natural (historic) Florida Bay Shore of Vaca Rey and
POINT OF BEGINNING of the parcel of formerly submerged land herein
intended to be described; from said POINT OF BEGINNING meander said
mean high water line within the Florida Bay Shore of Vaca Key in
a generally Westerly direction on the following descriptive
courses, bearing first South 79 degrees, 01 minutes, 15 seconds.
West 43.32 feet; thence North 85 degrees, 43 minutes, 09'.7 seconds
West 67.668 feet; thence North 77 degrees, 52 minutes, 58 seconds
West 58.312 feet; thence North 33 degrees, 04 minutes, 17.8 seconds
West 56.629 feat; thence North 63 degrees, 24 minutes, 34.4 seconds
West 7.788 feet to a point on the Westerly line of that land
described in the first paragraph of Exhibit "AN Page 367 of
Official Record Book 839 of Monroe County, Florida Public Records;
thence bear North 03 degrees, 37 minutes, 12 seconds West along the
said Westerly line of lands described as aforesaid, 71.31 feet;
thence continue along the said Westerly line of lands so described
bearing North 52 degrees, 18 minutes, 52 seconds, West 6.62 feet
to a point on the mean high water line within the existing Florida
Bay Shore of the filled bay bottom land herein intended to be
described, said mean high water line being on the waterward face
of a concrete retaining wall; thence meander said mean high water
line on the face of said retaining wall bearing first North o7
degrees, 14 minutes, 24 seconds East 8.70 feet; thence North 36
degrees, 15 minutes, 57 seconds East 0.93 feet; thence South 60
degrees, 44 minutes, 03 seconds East A4.8S feet to where said mean
high water line continues Southerly dlonq the waterward face of a
concrete retaining wall constructed to form a boat basin consisting
of 0.839 acres of submerged land; thence meander said mean high
water line on the Watergard faca of said boat basin retaining wall
bearing first South 09 degrees, 42 minutes, 29 seconds West 8.52
Page 14 of 20
Lease No. 4442
feet; thence South 09'degraes, 10 minutes, 43 s Nast. 6.05
feet; thence South 01 degrees', 37 mirnites, 27 seconds East 6.85
feet, thence South 0.4 degrees, 00 minutes, 23 seconds East 5.26
feet; thence South 07 degrees, 14 minutes, 41 seconds East 12.02
feet; thence South 09 degrees, 38 minutes, 40 seconds East 7.35
feet; thence South 16 degrees, 26 minutes, 35 seconds Bast 12.71
Pest; thence South 33 degrees, 42 minutes, 52 seconds $ast 12.15
Pest; thence South 40 degrees, 12 minutes, 43 seconds Zest 21.80
feet; thence South 41 degrees, 41 minutes, 14 seconds East 20.21
feet; thence South 48 degrees, 23 minutes, 40 seconds East'18.07
feet; thence south 66 degrees, 47 minutes, 26 seconds East 19.00
feet; theme North 20 degrees, 51 minutes, 18 seconds East 1.64
feet, thence North 52 degrees, 14 minutes, 22 seconds East 3.84
feet; thence South 81 degrees, 49 'minntea, 34 seconds East 8.66
feet; thence South 25 degrees, 04. ndmtoo, 35 seconds East 3.58
feet; thence South 10 dfgrees, 20 minutes, 49 seconds Worst 2.78
fast; thence South 81 degrees, 58 minutes, 44 seconds East 11.43
feet; thence south 86 degrees, 38 minutes, 30 seconds East 7.56
feet; thence Ngrth 82 degrees, 12 minutes, 12 seconds East 16.10
feet; thenca North 73 degrees, 24 minutes, 23 seconds East-16.61
feet; thence North 70 degrees, 30 minutes, 06 seconds ,La'at 16.46
feet; thence, North 67 dograes,.. 32 minutes, 05 seconds East 10.03
fast; thence North 64 degrees 46 minutes, 53 seconds East.11.66
Peet; thence North 61 degrees:, 08 minutss, •12 seconds East 25.86
feat; thence North 55 degrees; 49 minutes, 03 seconds East 10.45
feet; thence bear South 00 degrees, 00 minutes, 23 seconds Mast
from the mean high water line on the waterward face of said boat
basin retaining wall 32.78 feet back to the mean high sister, line
within the natural*(historic) Florida Day Shore of Vaca Key and
pOxNT OF BEGINNING; containing '0.14713 Acres of filled, formerly
submerged land 0 Florida Bay.
NOTE: THR ABM DESCRIBED TRACT, LESS TAX TWO EXCEPTED TRACTS 18
DESIGNATED IN YELLOW ON THE PROPERTY SKETCH ATTACHED HERETO AS
SCHEDULE "B".
A parcel of land in a part of Government Lot 1, Section 9, T.065.,
*.32E., at Marathon, Key Vaca, and being :more •p iaularly
described by metes and bounds as follows: Commencing at the-
intersection of the centerIlim at V. S. Highway No. 1 and the Waft
Line of Government Lot 1, Section 9, T.66S., R.328., bear
Northeasterly along the canterlins of U.S. highway No. 1 for a
distance of 1676.66 feet to a point; thence at right angles and
Northerly for a •distance of 133.45 feet -to the POINT OF BEGINNING
of the parcel of land hereinafter described; from said POINT OF
BEGINNING, continue bsaring Northerly and at right angles to U.B.
Highway No. 1 for a distance of 22.36 feet to a point of the
Southeasterly right-of-way line of old State Highway No. 4A;'thence
bear Northeasterly along the Southeasterly right-of-way line of Old
State Highway No. 4A for a distance of 339.41 feet to a point;
thence Southeasterly and at right angles to O.S. Highway No. 1 for
a distance of'190.43 feet to a point; thence southwesterly and
parallel with U.S. Highway No. 1 for a distance of 316.80 feet bac]c
to the POINT OF BEGZNNING.
h
situated in the County of Monros, State of Florida and known as
being a part of Government Lot 1, Section 9, township 66 South,
Range 32 East on Rey Vaca and further known as being all of that
land described in the second paragraph an page 372 of official
Record Book 839 of Monroe County, Florida Deed Records and being
more particularly described by'matef and bounds as follows:
Page 15 of 20
Lease No. 4442
Commencing on the centerline of u.B. Highway No. 1 at its
intersection with the West line of Government Lot 1, Section 9,
Township 66 South, Range 32 East, bear North 74 degrees, 21
minutes, 20 seconds t along the said centerline of U.S. Highway
No. '1, 1476.66 feet to its intersection with the southerly
prolongation of the easterly-line of -that land described in the
second paragraph on page 372 of Official Rscord Hook 839 of Monroe
County, Florida Deed Records; thence bear North 15 degreas, 38
minutes,. 40 asconda West along said prolongation 50.00 fast to a
point on the northerly right-of-way line of saiii U.S. Highway No.
1,.said point being the southeasterly corner of that land described
in"the second paragraph On page 372 of Official Record-Book 839 of
` Monroe county, Florida Deed Records and POINT OF BEGINXXNG of the,
parcel of land herein intended to be described; from said.point of
beginning continue bearing-North 15 degrees, 38 minutes, 410•seconds
Nest along the easterly line of land described as aforesaid 37.73
feet to a point on the curved southeasterly rights-cf-vay line of
Old State Highway No. 4-A; thence bear southwesterly along the said
southeasterly right-of-way line of old State Highway No. 4 A on the
arc of a curve deflecting to the right 233.78 feet, said curve
having a rAdius of 847.21 feet, the chord'of which bears South 65
degreed, 46 minutes, 27'secos}ds West 252.83 feet to a point of
tangency on the said northerly right-of-way line of U.B. Highway
No. 1; thence.besr North 74 degreamp 21 minuted, 20 seconds East
along the said northerly right-of-way line of U.S. Hiqh�ray No. 1,
250.00 feet back to the point of beginning and containing 0.0715
acres of land.
BLS '
Sit uated.in the County of Monroe, State of Florida and known as
being a part of Government Lot 1; Section go, Township 66.Sou1:h,
Range 32 East On Rey Vaca and further known as being all of that
land on said Xey Vaca described in.Official Record Book 8350 Page
2235 of Monroe county, Florida Dead Records which exists above thq�/
mean high water line located upon the natural Florida Bay-shore of ma-i
gay Vaca, and being more particularly described by metes and bounds
an follows:
Commending -an the centerline of U.S. Highway No. 1 at its
intersection with the west line of Government Lot 1, Section 9,
Township 66 South, Range 32 East, bear North 74 degrees,, 21
minutes, 20 seconds East along the centarline of said U.S. Highway
No. 1, 2093.46 feet to its intersection with the southerly
prolongation of the easterly line of land described in Official
Record Book 833, Page 2233 Of Monroe County, Florida Deed Records;
thence bear North 15 degrees, 38 minutes, 40 eaaonds Weatr along
said prolongation 464.52 feet to a point on the northwesterly
right-cf-way line of old State Highway No. 4 A, said point being
the soutbeastarly corner of land described in said Official Record
Book 833, Page 2235 of Monroe County, Florida Deed Records and
POINT OF BEGINNING of the land herein intended to be described;
from said point of beginning continua bearing North 15 degrees, 38
minutes, 40 seconds West along the said easterly line of land
described in 'said Official Itecord Book 833, page'2235, 498.11 feet
to it:a intersection with the mean high water line located within
the Florida Bay Shore of Xey Vaca; thence meander said mean high
waster line in a generally westerly direction on the following
descriptive courses, bearing first South 23 degrees, 43 minutes,
93.3 seconds West 11.796 Peet;"thence South 14 degrees, 26 minutes,
18.3 seconds•'East 6.884 feet; thence South 17 degrees, 24 minutes,
33.5 seconds West 17.999 fast; thence South 41 degraee, 11 minutes,
35.4 sscondd West 10.131 feet;.thence South 03 degrees, 04 minutes,
47.6 seconds West 16.000 fast; thence South 56 degrees, 47 minutes,
16.9 seconds Went 11.877 feet; thence South 23 degraes, 02 minutes,
34.3 seconds Bast 9.899 feet; thence South 54 degrees, 46 minutes,
26.4 seconds East 8.440. feet; thence South 09 degrees, o5 minutes,
Page 16 of 20
Laaea go. 4442
ALSO
40.3 seconds West 4.542 feet; thence South 46 degrees, 53 minutes,
00.0 seconds East 16.383 feet; thence South 42 degrees, 27 minutes,
53.6 seconds West 3.012 feat; thence South 62 degrees, 03 minutes,
26.1 seconds East 11.023 feet; thence south 22 degrees, 37 minutes,
25.1 seconds East 15.567 feet; thence 56 degrees, 31 minutes, 28.0
seconds East 23.139 feet; thence South 25 degrees, 55 minutes, 00.3
seconds East 19.341 feet; thence South 10 degrees, 30 minutes, 15.5
seconds East 17.154 feat; thence south 05 degrees, 12 minutes, 28.7
seconds-East 23.684 feet; thence South 66 degrees, 51 minutes, 33.4
seconds West 23.420 feet; thence South 82 degrees, 45 minutes, 14.1
seconds West 17.817 fast; thence South 40 degrees, 27 minutes, 18.3
seconds Waft 27.726 fast; thence South 80 degrees, 24 minutes, 20.4
seconds West 11.204 feet; thence South 46 degrees, 51 minutes, 30.0
seconds West 11.673 fast; thence North 80 degress', 02 minutes, 00.2
seconds West 6.199 feat; thence South 33 degrees, 07 minutes, 38.5
seconds West 10.633 feet; thence South 78 degrees, 10 minutes, 42.3
seconds West 17.320 feet; thence North 45 degrees, 30 minutes, 01.7
seconds West 6.634 feet; thence south 71 degross, 06 minutes, 92.9
seconds West 5.441 feet; thence North 43 dogrose, 10-minutes, 06.8
seconds West 11.087 feet; thence North 86 dogmas 55 minutes, 2s.8
seconds West 9.952 feet; thence South 1s degrees, 45 minutes, 29.0
sec West 3.745 feet; thence South 89 degrees, 19 minutes, 37.9
seconds West 7.347 feet; thence South 48 dagress, 02 minutes, 48.1
seconds West 15.473 feet; thence North 88 degrees, O1 minutes, 55.6
seconds West 12.121 feet; thence South 45 degrees, 58 minutes, 38.5
seconds Want 3.941 feet; thence North 67 degrees, 38 minutes, 33.6
seconds West 5.978 feet; thence South 55 degrees, 19 minutes, 35.7
seconds Want 16.504 feet; thence North 43 degrees, 23 minutes, 40.9
seconds West 9.660 feat; thence South 18 degrees, 21 minutes, 21.1
seconds Want 6.176 feet; thence North s2 degrees, 05 minutes, 59.8 '
seconds Waft 8.727 feet; thsnce South 60 degrees, 48 minutes, 38.6
seconds West 7.301 feet; thence south 17 degrees, 05 minutes, 04.2
seconds West:. 10.739 feet; thence South 85 degrees, 53 minutes, 17.5
seconds West 5.379 feet; thence South 45 degrees, 37 minutes, 23.7
seconds Hest 2.124 'feet; to the intersection of said mean high
water line with the westerly line of land described in said
Official Record Hook 835, Page 2235, said westerly line being also
the most easterly line of those lands on Key Vaca described. in
Official Record Hook 839 at Page 367 of Monroe County, Florida Deed
Records; thence bear South 19 degrees, 18 minutes, 40 seconds East
along the said westerly line of thoss lands described in Official
Record Hook 835 Page 2233, 396.62 fast to a point on the said
northwesterly right-cf-way line of Old State Highway No. 4-A;
thence bear North 43 degrees, 38 minutes, 20 seconds East along the
said northwesterly right-cf-tiay line of Old State Highway No. 4-
A, 85.05 fast to a point of curvature therein; thence continue
northeasterly along said right-of-way line on the are of a curve -
deflecting to the right 164.33 feet, said curve having a radius of
913.26 feet, the chord of which bears North 50 degrees, 47 minutes,
40 seconds East 164.10 feet back to the point of beginning and
containing 1.99739 acres of lhnd above the mean high water line
located upon the natural Florida Hay Share of Key Vaca.
CO2DMCING at the intersection of the West Line of Government Loth
1, Section 9, Township 66 South, Range 32 East, Tallahassee
Meridian, Key Vaca, Monroe County, Florida, and the centerline of
U.S. Highway No. 1, as existing July 20, 1957; thence North 74
degrees 21 minutes 20 seconds East, 1608.66 (1608.69) feet, along
said centerline, thence North 15 degrees 381 40" West, 5o feet to
the Northerly right-cf-way line of U.S. Highway No. 1, the POINT
OF BEGINNING, thence continue North 15 degrees, 38 minutes and 40
seconds West, 91.12 feet to a point that is on the arc of a 6.
degrees 45 (09 degrees 38' 25"1 West, also being the
Southerly right-of-way line of Florida state Highway No. 4A; thence
Southwesterly along said arc, 142.55 feet, thence South 15 degrees
389 4011 East, 37.73 feet to the Northerly right-of-way line of U.S.
Highway No. 1; thence North 74 ss, 21 minutes and 20 seconds
last, 132.00 feet, along said right-of-way line, to the POINT of
BEGINNING.
Paga 17 of 20
Lease No. 4442
situated in the County of Nonroa, state of Florida and known-as
being &'part of Government Lot 1, section 9, Township 66 South,
Range 32 East on Rey Vaca and further known as being a porticd of
Old State Highway No. 4-A, and being mote particularly described
by metes and followas
8
• Cozzmen
intersection yn centerline of'v.s. Highway No. 1 at its �l�� s�
. th the West line of GOVmxrAxMt Lot 1, Section 9,
Township 66 south, Range 32 Best, bear North 74 degrees, 21
minutes, 20 seconds Bast along the said cgmtAwline of U.S.
Highway No. 1, 167G AG Peet to its intersection with the
southerly prolongation of the westerly line of that land
described in official Record Book 1077, Page 1576 and 1377 of
Noncom County, Florida Deed Records:,• thence bear North 15
degrees, 38 Minutes, 40 seconds West along said prolongation
135.45 feet to the southwesterly corner of that land described as
afor aidl from said point continue bearing North 15 degrees 38
minutes, 40 seconds West along the said Westerly. line of land
described no aforesaid 22.28 feet to the northwesterly corner
thereof' located on the southeasterly right-of-way line of Old
State Highway No. 4 A and POINT OF BEING of that portion of
Old state Highway 4-A herein intended to be described: from said
point of beginning bear North 45 degrees, 38 minutes, 20 seconds
East along the said southeasterly right-of-way line of Old state
Highway No. 4-11, 339.88 fast to a point of curvature therein;
thence continue northeasterly along said right-of••wsy line on the
arc of a curve deflecting to the right 21.21 fast, said curve
having a radius of 847.26 feet, the chord of which'bears North 46
degrees, 21 minutes, 22 second@ Bast 21.21 feet to the
northeasterly corner of land described as aforesaid in Official
Record Book 1077, Page 1576 and 1377 of Noncom County, Florida
Deed Recorder thence bear North 42 degrees, 55 minutes; 37
seconds West, on a line radiSl'to said curve, 33.00 feet to the
centerline of Old State Highway 4.A; thanes bear northeasterly
along said cen'torlinq on the arc of a curve deflecting to the
.right 136.36 feet; said curve having, a radius of 880.26 feet, the
chord of which bears North 31 degrees, 30 minutes, 39.seconds
Zest 136.22 feet, to a point thereon# thence bear North 34
degrees,'03 mint , 03 seconds West an a line radial 'to said
cur", 33.00 feet to a point on the northwesterl right-of-way
line of Old State Highway No. 4-A; sa4 point being also the
southeasterly corner of those lands described in Official Rabard
Book 1077, Pages 1578 to 1380 of Noncom County, Florida Public
Records; thence bear southwesterly along said northwesterly
.right cf-way on the arc of a onrve deflecting to the left•164.33
Peet said curve having a radius of 913.26 feet, the chord o!
which bears South 30 degraes, 47 minutes, 40 seconds West 164.10
feet thence continue south 43 degrees, 38 minutes, 20 seconds
West along said northerly right-or-way line 339.89 feet to a
Point which bears North 44 degrees, 21 Minutes, 40 seconds West
66.00 feet from the point of beginning; thence bear South 44
degrees, 21 Minutes, 40 seconds Mast 66.00 goat back to the point
of beginning and containing 0.6536 acres of land.
Page 18 of 20
Lease No. 4442
LESS AND RICEPT THE TOLL M90 DESCRIBED PARCELS:
IMAM DHSCRZP'P=ONi NaBnO! coo= Luss PAACBL 1 '
ETI _)
13MM A PARCEL OF LAND, 8ITUATE IN GOVSRBMENT LOT 1, SECTION 9,
TOWNSHIP 66 SOUTH, 32 .�, DNAO$ COMM, FLORIDA, MAO
BEING ALL OF PARCEL SOUTH, "
M OF,,TH08E LAND# DEEDED FROM DMWTRA TO
T.I.I.F. PER OFFICIAL RECORD BOOR 1077, PAGES 1576 A= 1577 OF
THE PUBLIC RECORDS OF SAID MbNROB COt)M, TOGETIIF.R WITH A PORTION
OF PARCEL jBm.QlA THOSE LANQS'DEBMW PROS DYNSTRA.TO T.I.I.F. PER
OFFI B0OK•1077«-i'A0= 1578 TBROUGR 1S80 OF TIM
AFO 1�UBL±C RECORDS, I'M MR WIT= A PORTION OF TlwSE.LANDS
SNOW 48 11OLD STATE HIGHWAY 4-AM, ALL BEING MORE PARTICULARLY
DuseRtInEalBY 8 AND BOUNDS AS FOLLOWS:
ON THE CffirT RUNE OF U.B. HIGHWAY•NO. 1 AT ITS
INTERSECTION WITH THU WM LINE OF GOVSRNMEiT LOT 1, SECTION 9,
TOWNSHIP 66•50OTH, RANGE 32 ; IM CE BEAR Hong 73o50r05M
EAST ALONG THE A " jMM RUNE OF U.S. HI NO. 1, A
DISTANCE OF 1676.66 FEET TO ITS INTBRBECTZON W.IT!! THE BbQTHBRLY
PROLONGATION OF THE WESTERLY LING OF THE AFORESAID LAND DESCRIBED
AS. PARCEL MA-20 IN OFFICIAL.RECORD HOOK; 1077, PAGES 1576 AND*1577
OFMOSAID PUBLIC S; THENCE BEAR NORTH 16.09155M WEST -
ALONG $AID SOU2MML7 PROLONGATION, A DISTANCE OF 155.45 PEST TO
THE
FROM THE , SAID POINT22=4 THE BOUT$WEBTERLY
CORD OF SAID PARCEL MA-2o', THENCE BEAR NORTH 73•50105a PART
ALONG THE SOUTH LINE OF BUD PARCEL Ma 2M, A DISTANCE OF 316.80
FEET Ta'THEE BODUTNEMMMY CORNHR OF SAID PARCEL °A-20; THENCE
NORTH ib 09 S5 WEST ALONG THE EASTERLY LINE OF RAID P eA-
"ECE "J""I"THENCBSTANCE OF S-54 NORTB�•26rg� WEST A DDII�YCEOF 33.00-
FEET TO A POINT O'N THE ARC OF A CURVE CONCAVE TO THE 8T SAID CURVE BEING THE CEMMMLINE OF SAID "OLD STATE HIGHWAY 4-A�,
VING A RADIIIS. OF 880.26 FRET, AND FROM WHICH A RADIAL Lin
13ZUB SOUTH 4382615200 FAST; THENCE ALONG THE AE& OF SAID CURV3 IW A NORl=U TXRLY DIRECTION, SUBTENDED,BY A CENTRAL ANME OF
•02.42r20M, AR ARC D282ANCE OF 41.57 FEET; THENCE DEpAR=NG
CURVE, NORTH 16*09*550 WEST A DISTANCE OF 16.96 FEET RAID
SOUTH 73050005M WEST A DISTANCE OF' 63.79 FW; ;'THENCE
16a09r55M WEST A DISTANCE OF 5.00 FEET T�iC SOUTHB NORTH M
WEST A DISTANCE OF•16.50 FEET f $•09835"736300039
ST A
f THENCE SOUTH 16 09 55
BGSTANCB OF 69.20 FEET TO A POINT ON A LINE LYING 5.B0'FEET
RRABTULY OF AM PARALLEL WITH THE CMNTERLINE OF AFORESAID
o,OLD STATE HIGHWAY 4.•Avf THENCE ALOI;NI SAID PARALLEL LIMB SO
45107 05 WEST A DISTANCE OF 310.12 UTH
r FEET f THffi10E DEPAA'1"rNa Sup
P LIKE SOUTH RNMR FAa EAST A DIBTANCB OF 27.50 in= TO
T88 NORTHIPEBTERLY CORNER OF AFORS'87►ID PARCEL eA-2M; THENCE BOOTH
16009#55M T ALONG THE WBSTBttLY LIMB OF SAID PARCEL MA-E Ba
DISTANCE OF 22.28 FRET TO TxT
I' ABOVE DESCRIBED P CONTAINS 47,782.08 SQUARE FEET OR
.09693 ACRES.
FOR THE PURPOSE OF THIS DESCRIPTION HEARINGS ARE RELATIVB TO
NATIONAL ADJUSTED DATUM 1983, NATIONAL GEODETIC 8M'EY OF 1990,
ZONE 0901 PLORIDA WITR•mm CENTERLINE OF U.a. 1QGHWAY 110. 1
HEARING NORTH 73-90105M EAST,
LHOAL DEBCRImONt 2:OID;OB OOW'I'1'YZ=jM
PMMM 2
I8 '
BEING A PAE'CEL OF LAND, SXATE' IN GOVERNMENT LOT 1, SECTION 9,
TOWNSHIP 66 SOUTH, RANGE 32 EAST, MONROE COUNTY BEING A PORTION OF PARCEL HUM OF TMO88 LANDS DEEDED r ALSO
TO T.L I.F. UyESTRA
PER OFFICIAL RECORD BOON' 1077, PAGES 1578 THROU=
1580 OF THE PUBLIC RECORDS OF MID MONROE COUNTY, SNUG HORS
PARTICULARLY DESCRIBED BY METES AND HOUN08 A8 FOLLOWS;
Page 19•oP 20
Leaaa No. 4442
L �
ON THE CZNTSRLINB'OF U.S. HIGHWAY NO. 1 AT ITS
INTERSECTION WITH THE WEST LINE OP GQVSRN9IEN•1' LOT 1, SECTION 9,
TOWNSHSP 66 1100TH, RANGE 32 EAST; TKENCS BEAR NORTH 734S0605"
ALONG THE AFORESAID CENTERLINE OF Q.S. HIGHWAY NO. 1;"A
DIBTANCB or 1676.66 FEEIP TOUTS INTERSECTION wilt THE SOUTSBRLY
PROLONGATION Ok THE WESTERLY LINE OF THOSE S 'DEEDED VROS
DYR8TRA TO T.I.I.F., DESCRIBED AS PAURL. "A-26, IN OFFICIAL '
RECORD BOOR 1077, PAGES 1576 AND 1377 OF THE SAID PUBLIC RECORDS;
THENCE BEAR NORTH 16.090550• WEST ALONG SAID SOUTHERLY
PROLONGATION, A DISTANCE OF 135.43 FEET TO TURSOUTHREST91tLy
COBNP.B.OF SAID PARCEL "A-2", THENCE BEAR NORTH 73"30105" EAST
ALONG THE SOUTH LINE OF SAID PARCEL. "A-28, A DISTANCE OF 316.80
FEET TO THE SOUTHEASTERLY CORNER OF BALD PARCEL "A-201 THENCH
NORTH 15609/559 WEST ALONG THE EASTERLY LINE OF SAID P "A-
2", A DISTANCE OF 195.54 FEET TO THE NO17HZ&STERLY CORNER OF SAID
PARCEL "A-2"; THENCE NORTH 43•260330 WEST A DISTANCE OF 33.00
FEET TO A POINT ON THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST,
MUM CURVE BRING THE CZHTZRLINZ. OF SAID "OLD STATE HI 4—A",
INa A RADIOS OF 880.26 FEW, AND FROS WHICH A RADIAL LINE
BEARS SOUTH 43.260928 EAST; THENCE ALONG T88 ARC OF -4 CRAVE IN
A 'DIRECTION, SUBTENDED BY A ANGLE OF
08.520320, AN ARC DISTANCE OF 136.36 FEET; THENCE NORTH 34•34120"
WEST A DXVrAXCX OF 33.00-FEET TO THN SOVZIMMMERLY CORNER OF
AFORESAID PARCEL "B"; THENCE ALONG THE EA nmm.LINE AFORESAID,
PARCEL "B- NORTH 16009#53" WEST, A.DISTANCE OF 183.03 FEET TO THE
POINT-OF-BEGINNING.
PRO THE 2UMMNAMMOM96 CONTINUA ALONG SAID EASTERLY LINE OF
AFORESAID PARCEL 43", NORTH 16609,158" WEST A DISTANCE OF 48.00
FRET; THENCE SOUTH 73030/056 WEST A DXSTAXCZ OF 33.00 FEET;
THENCE SOUTH 16409135" EAST A DISTANCE OF 40.00 FEEMj THENCE
NORTH 73050?05" EAST A DISTANCE OP 23.00 PEST TO THS ,a3
THE ABOVE DESCRIBED PARCEL CONTAINS 1,104 SQUARE FEET OR 0.0204
ACRES.
ALSO LISS AM ZKCSFP THE FOLLOVM DESC9IDED PARMl
A PARCEL OF LAND LYING 4N SECTION 9.. 7O)BtSHIP 68 SOUTH. RANGE 3?EAST.
t4ONR0E COUNTY. FLORIDA. AND BEING MINCE PARTICULARLY DESCRIBED AS
FOLLOWS8
COMtENCE AT THE CEN RUNE a.OF U.S. HIGHWAY ff AT ITS INYERSECTI'ON WITH
CENTERLI k M74021.120'E A DISTANCE i OF 209 .'1486 FEET9�0 INNTTERRSECTIONSOF THE .SOUTHERLY PROLONIiATiOM OF' THE EAST Y•L10e OF 0 qy OESCIIIBED'IN
OFFICIAL RECORD HOOK 935 •PAGE 2 3S GF TNE'PUBtIC pECOp05 ��OE,•
• COUNTY F ORIDAs THENCE ALONG SAID PROLONOATIINI AND SAID EASTERLY LINE 9 FEET•40'91, A DISTANCE OF 663.71 FENT OF BEGINNING ET THENCE 374.21.20*W A DISTANCE OF
FEE
ST�NG�050�6]3FEET �IIAEIEOE Nei+�j0p E p STANCE EOFR40 OB4FEE THENCgTB
SIR•;I'20'E, A DISTANC� OF 44'.94 FEET TO Tt1E POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 3991 AWARE FEET (0.08 ACRE): MORE
OR LESS. ,
Page 20 of 20
Laasa No. 4442
OALS101
BOARD OF TAUST888 O8 TBE INTER M
IMPRAVamn TRUST FONDOB TBg STAU OF FLORIDA
LEASE AoRxzMM
RONROS COUNTY RJIONAL SZMCB cum
Lease No. 4033
s LRA88 A '1', made and entered into this
of
19�5 hat'... the BOARD day
08 TRUSTEES OF TA8
�� TRQBT FOND OF
TB8 STATE OF FLORT"
hereinafter referred to as "Lpj=Ra, and MONROB COUM,
hereinafter referred to as aLgS88$.a
LISSOR, for and in consideration of mutual covenants and
agreements hereinafter contained, does
hereby lases to said
L83888 the leads de
scribed inPar4gmPh Z beior
the improv . together with
thereon, subject to the following
condition s g terms end
1. '
and obligations h _ L$SSOR'B responsibilities
erein shall beexercised
by the Division of
State Lands, Department of Environmental
Prot2. ection.
'eases is situate the c The Property meCt to this
county o! Monroe, state of Florida and
is �® Particularly the
in �thibit #, a
hareinafter re! A attached hereto and
erred to an the aleased
preimia.
3' ZS=2
The term of this loans shall be for a fifty((30) Years commencing on - d 4 Period of
Ql.t"1 K t r S / 9S and ding
'� a0 , unless sooner ters
on ina
the provisions o! this tad Pursuant to
leas&.
Em�Qu4• s The LE8888 shall
only for
the establishment and manage the leased Premiat�s
operation of an administrative
o!lice building and
Package
acks treatment plant, aloe
related uses necessary
for theg ' ^� other
accomPliehment of this designated in the Management Plan purpose as
re4nired by Paragraph S or this
lease.
8.
the right of s L8888R shall have
ss and egress to, from and upon the leased
Page 1 of 14
Lase& No. 4033 EXHIBIT
u '�i
Premises for all purposes necessary to the lull quiet by said LESSEE of the rights comreyed herein. °njoYment
s• �,�� ' = LESSEE shall, through
employees' Prevent the its agents and
unauthorised use of the leased Premises or
any use thereof not in aonlormanae with this lease.
7• AMURM: This Issas shall not be ass
or in part �+ithout the wed in ' vole
Prior written consent of LESSOR, Any
assignment made either in vhole or in
written eons past �+ithout the prior
ant of LESSOR shall be void and without legal effect.
e.
W= LESSER shall prepare and submit a
Management Plan for the leased
Premises, in accordance
with
ChaPtess 1e-1 and 18-4, 1'lorida
Administrative Code, within 12
months of the effective date or this lease.
shall be submitted to LESSOR The Management Plan
State The leased Premises
approval through the Division of
Premises shall not be developed or
Physically altered
in any way other than what is necessary for and maintenance of the leased
Witten a Premises without the Prior Pproval of LESSOR until
the nagement Plan is approved.
LESSEE shall Provide LESSOR with an
opportunity to participate
all phases of pre in
Paring and developing the Mana
the leased Premises. Bement Plan for
The Management Plan shall be submitted to
LESSOR in draft form for review and
the sltsctive date of this 1eass. comments
within ten months of
reasonable notice of the a LESSER shall give LESSOR
application
tar and receipt
of any
state, federal or local
meetings relating
elatin to permits an well as any public hearings org the development or use o!Premises- LEsBER shall not
Proceed with develo the leased
pment of said
leased promises inaludin
g, but not limited to, !
application, design or building cont Ong' Permit
racts, until the Management
Plan required herein has been submitted ubmittsd and waved. Any
commitments made by LESSEE vhich
with the tame of this leases are
not � aa "lianaa
hall be done at LRSSRE•S awn risk.
The Management Plan shall
concept as a emphasise the original management
approved
by LESSOR on the effective data of this lease
which established the Primary Public purpose far whi Promises are to be ch the leaned
managed. The approved Management Plan shall
Page 2 Of 14
Lease Mo. 4033
Provide the basic guidance for all management activities and
shall be reviewed jointly
by "I and LESSOR at least every
live (3) Yew. LMSU shall
not use or alter the leased
Premises except as Provided for
in the approved X&Mqement Plan
without the prior written approval of LESSOR. The Xonagement
Plan prepared under this lease shall identify zanagament
Strategies for exotic species, if present.
exotic lee is The introduction of
Prohibited, except when specifically authorized
by the approved Nanagement Plan.
9. = All
easements including, but not limited
to, utility ens .a
written a is are expressly Prohibited without the prior
Pproval of LESSOR, Any ea
by LBSS02 sO=mt not approved in writing
shall be void and without legal effect.
0.
peaified herein M This agroament is fOr the
PMVOMWO
® and subleases of
without the any nature are prohibited,
Prior written approval e of L888oR.
Any sublease not
effect. in writing by LRSS02 shall be void and without legal
11.
= LESSOR or its duly authorized
a4entpk, representatives or GnPloyeee shall have the right at any
and ell times to inspect the leased
Operations of premises and the works and
L88SRR in any matter
12. Pertaining to this lease,
structures, i = All buildings,
ovemsnta, and signs shall be constructed at the
expense Of LESSOS in accordance with plans
Professional des Pre byigners and shall require the prior writ
approval of L88z0h as to ten
Purpose, location and design. lyrtye,,
no trees, other than non-native
species, shall be removed or
major land alterations done
without the prior written approval of
LESSOR. Removable
the l red the
and removable improvements placed on
Premisee by LESSER which do not become a pa=Mnent
part of the leased Premises will
and may be removed the Property of LESSER
r,=SE8 upon termination
on oinati
13, f this lease.
LESSER shall procure ! During the term of this lease
and maintain policies of fire, extended
risk, and liability lunar
ance coverage. The extended risk and
Page 3 of 14
Lease No. 4033
lira insurance coverage shall be in an
insurable replacement value of anythe leased Premisest equal to the full
located on improvamants or fixtures
shall be in amours The liabili tY insurance coverage
to not less than$200,000.00 Per accident $100,000.00 par occurrence and
for
Personal injurY, death, and property
damaga on the leased Pramiass. such o
P liciee Of insurance shall
name LESS=, the state of Florida and LESSEN as co-insureds.LESSEE shall submit written evidence of having Procured all
insurance policies required heroin prior to
this lease and the effective date of
shall submit annually thereafter, written evidence
of.maintaining such insurance policies to the Bureau of Land
Management services, Division of State Lands, Department of
Environmental Protection, 390o commonwealth Boulevard,
Tallahassee, Florida 32399.
LESSEE shall Purchase all policies
Of insurance from a financial)
Y'resPonsi6le insurer duly
authorized to do business � the Ef
State of Florida. LESSEN immediately notify LESSOR and the insurer of any erection orshall
removal of any building or other
improvementPremisesimprovement on the leased
and any changes affecting the value of
any
and shall request the insurer to
covers to �® adequate ch e � the
Ys reflect the in value.
financial) LESSEE shall be
Y responsible !or anY loss due to failure to obtain
adequate insurance coverage, and the failure to
policies maintain such
or certificate in the amounts set forth shall constitute
a breach of this lease.
14. =: Each
Pasty is responsible for all
�jar7f and property damage attributablepersonal
to the negligent acts
omissions of that party and the officers orthereof, Nothing herein a employees and agents
hall be construed an an indemnity Or a
waiver of sovereign
i S�.2B� anJo7led by any party here, as
Provided in Section 76
. Florida statutes, as amended from
time to time, or any
other lav provides limitations on claims.
ls,
full responsibili LESSEE shall assume
ty for and shall pay all liabilities that accrue
to the leased premises or to the improvements thereon, including
any and all ad valorem taxes and drainage and special assessments
Page 4 0! 14
Lease NO. 4033
or taxes of every kind and all
tics or matarialman.s lions
which, may be harsaftar lawfully assessed and levied against t
leaned Premises. he
16. NO WTysre OF B env=
Mhe failure of Lg88O$ to insist
in any one or more instances upon strict per
of any one
or more of the covenants, terms and conditions of this lease
shall not be construed as a waiver of such
conditions, but the covenant°' terms
or
lama shall continue in full force and affect,
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. Z=t Tim® is
expressly declared
to be of the essence
Of this lease.
18.
=I= LESSER shall not discriminate
against any individual because of that individual'
reli ion s race, color,g , sex. national origin, age, 'handicap, or marital status
with respect to any activity occurring within the leased promises
or upon lands adjacent to and
used Preminea. ae' an adjunct of the leaned
19. LESSER shall be
Payment of all c responsible for the
�9°e for the furnishing.
of gee, electricity,
and other public utilities to the leased premises and for
having all utilities turned off when the leased Pramisas are
surrendered.
ao:.
Petroleum products or minerals�� lease does not cover Petroleum
or
and does not give the right to
LESSER to drill for or develop the name, and LESSOR specifically
and
reservesthe right to lease the leased Premises f
exploring and recoveringoilor Purpose of
minerals by whatever m eans appropriate; provided, however
full ' that LESSER named herein shall be
y compensated for any and all d
the leasehold in amag®° that might result to
tereat of said LESSEE by reason of such
exploration and recovery operations.
a 1. O1r" 110m am.
all financial andn LESSER shall make available to LESSOR
other records relating to this lease, and
LESSOR shall have the right to either audit such records at any
Page 5 of 14
Lease No. 4033
reasonable time or require the submittal of an annual independent
audit
by a certified Public Accoantant during the term of this
lease. This right shall be continuous until this lease QVIrea
or is terminated. This lease may be terminated by LESSOR should
LESSER tail 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.
aa.
LESSOR ae no liability or
obligation to LESSER with reference to the condition of the
leaned premises. The leaned premises herein are leased by LESSOR
to LESSER in an "as isw condition, with LESSOR assuming no
responsibility for the cars, repair, maintenance or
improvement
Of the leased
Promisee for the benefit of LESSER.
23.
= LESSER agrees that this lease in
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• 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 a93.04,
Florida Statutes, to the last
address at the party to whom notice
In 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 Land Management Services
3900 Commonwealth Boulevard
Tallahassee, FL 32399
LESSEE: county Attorney and
county of Monroe County Administrator
310 Fleming Street, ROOM 29 3100oCo1�
xey p66t. FL 33040 aFL Road
t5. �Y west, FL 33040
Should
Y of the
LESSER breach an =covenants, terms, or conditions of this
lease, LESSOR shall give written notice to
LESSEE to remedy such
breach within sixty (50) days of such notice. In the event
LESSER fails to remedy the breach to the satisfaction of LESSOR
within sixty (50) days, of receipt of written notice, LESSOR may
Page B of 14
Lease No. 4033
" y..
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
attornsys* fees or maintain this leasa in full force and effect
and exercise all rights and remedies herein conferred upon
LESSOR.
26. (A) LESSEE shall not do, cr
Buffer to be done, in, on cr 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, releasa or
di any contaminants, pollutants or pollution, including
but not limited to, hazardous or toxic substances, chemicals or
other agents on, into, or from the leased premium or any
adjacent lands or waters in any manner not permitted by law. For
the purposes of this lease, "hazardous gubstancego shall mean and
includes those elements or compounds defined in 42 USC Section
9601 or which are contained in the list of hazardoum 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 define by any other federal, state
or local statuts, 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 Florida Statutes, Chapter 376 and Chapter
403 and the rules promulgated thereunder, all as amended or
Updated from time to time. in the event of LESSEEI's failure to
comply with this paragraph, LESSEE shall, at its Bola cost and
expenee, promptly comohence and diligently pursue any legally
required closure, investigation, assessment, cleanup,
decontamination, remadiation, restoration and monitoring of (1)
the leased premises, and (2) all off-sit* ground and surface
waters and lands affected by LESSEE,s such failure to comply, as
Page 7 of 14
Lease No. 4033
may be necessary to bring the leased premises and affected off-
Bits waters and lands' into full compliance with all applicable
federal, state or local statuten, lays, ordin
, 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. L=SEB,s obligations out
fcrth in this paragraph shall survive the termination or
expiration of this lease. This paragraph shall not be construed
an a limitation upon LESSEN•s obligations regarding
indemnification and payment of costs and fees as not forth in
Paragraph 14 of this lease, nor upon any other obligations or
responsibilitiss of LESSEE as set forth herein. Nothing h
ernin
shall relieve LESSEN 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 LZSB=,g
activities or facilities. Upon discovery of a release of a
hazardous substance or pollutant, or any other violation of
local, state or federal law, ordinance, code, rule, regulation,
order or decree relating to the generation storage,� g . Production,
placement, treatment, release or discharge of any contaminant
LESSEE shall report violation to all applicable ,PP governmental
agencies having jurisdiction, and to LESSOR, all within the
reporting period of the applicable agency.
17. t upon termination or expiration
Of this lease, LESSEE shall Surrender the leased promises to
LESS' In the event no further use of the leased premises or
any Part thereof is needed, LESSEE shall give written
notification to LESSOR and the Bureau of Land Management
Services, Division of State Lands, Department of Environmental
Protection, 3900 Commonwealth Boulevard, Tallahassee, Florida
33399 at least six (53 monthe 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
Page B of 14
Lease No. 4033
e formality as this lease. Upon release of all or any part of
the leased premises or upon termination or expiration of this
lease, all improvements, including both physical structural and
modifications to the leased premises shall became the property of
LESSOR, unless LESSOR gives written notice to LESSER to remove
any or all such improvements at the expense of LESSEE. The
decision to retain any improvements upon termination or
expiration of this lease shall be at LESSOR8s sole discretion.
Prior to surrender of all or any part of the leased premises a
representative of the Division of State Lands shall perform an
on-site inspection and the keys to any building on the leased
Promises shall be turned over to the Division* if the
improvements, do not meet all conditions as net forth in
Paragraphs 19 and 33 herein, LESSER shall pay all costs necessary
to most the prescribed conditi .
28' LESSER shall implement
applicable Best Management Practices for all activities conducted
under this lease in compliance with paragraph 19-1.004(1)(d).
Florida Administrative code, which have been selected, developed.
or approved by LESSOR or other land managing agencies for the
Protection and enhancement of the leased premises.
29.
Fee
title to the leased premises is hold 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.
30. ZMMjWLjKZL&Q=3 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 shall remain in full force and affect and shall in no
way be affected, impaired or invalidated.
71.
Execution of this
lease in no way affects any of the
parties obligations pursuant
to Chapter 367, Florida Statutes. The collection of artifacts or
Page 9 of 14
Lease No. 4033
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 ,,stories,
Resources. The Management Plan prepared pursuant to Chapters
18-2 and 18-4, Florida Administrative Code, shall be reviewed by
the Division of Historical Resources to insure that adequate
measures have been planned to locate, identity, protect and
preserve the archaeological and historic sites and properties on
the leased premises.
32. This Lease does not
authorize the use of any lands located vatervard of the mean or
ordinary high water line of any lake, river, stream, crank, bay,
estuary, or other water body body or the waters or the air space
tbereabove.
33. s This lease in execntad in
duplicsts originals each of which shall be Considered an original
for all purposes.
34. t This lease sets forth the entire
understanding bOtwugu, tka parties and shall only be amended with
the prior written approval of LESSOR.
38. LESSU shall maintain the
real property contained within the leased premises and any
improvements located thereon, in a state of good condition,
vork,ng order and repair including, but not limited to, keeping
the leaned premises from of trash or litter, maintaining all
Planned improvements an set forth in the approved Management
Plan, meeting all building and safety codes in the location
situated and maintaining any and all existing roads, canals,
ditches, culverts, ricers and the like in as good condition an
the same may be on the effective date of this lease.
36. covXNlNa raw= This Issas shall be governed by and
interpreted according to the laws of the state of Florida.
37. AM=MZ-"W=1 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
Fags 30 of 14
Lease No. 4033
limit the scope, extent or intent of this lease or any provisions
thereof.
IN WITNESS WRERROF, the parties have caused tbia lease to be
executed on the day and year first above written.
BOARD OF TRUSTEES OF Tun INTERNAL
I"ROVE[+M TRUST FUND OF' THE
ST.A1MN OFcalm, BUREAU OV MW
FIARIDA
at .�a U�.dJe�
• ,yp W to ame OF STATIC SERVICES, DIVISION
lye OF STATIC LANDS, DEP OF
ENVIROMEMMAL PROTECTION
mesa
D v ► *LESSOR"
Pr n �e 1 n—o Name
STATE OF FLORIDA
COUNTY OF LEON
SAThheeyfooregNnstrument was ledged before me this
Bursa 19- bY Daniel T. Crabb, an
smant Services, Division of State
Lands, De t of OnugntRI PrOtOCtion, as agent for aad
on behalf of the Florida/Board of of the In areal
Z=Wproduced t Trust Fund. l� is personally lnswn to as I or hoe
as iden'tificatio .
Not is B a o! F i
14D m=nwAvnn0==ANvAK= ® O
Commission Number
MY Commission Expiree s L��
Approv as to Form and Legal`ity
Hys
ey
Page 11 of 14
Lease No. 4033
BOARD OF COUNTY COWaSSIOn" OF
MONRON COUNTY, FLORIDA
see Byo wwa (SI
rrinz/Type Witness Nam* Pr a Name
w s Title: aa
Pr a "LESSER"
STATR OF FLORIDA DM: Mcber13 19 4
COUNTY OF MONROE
The tore O
Iq day of9 in 19 edged before me this
Fit W ael owl . as
se oners of Monroe Coca y, RUM. • o County
or Who hes �" ® s onally
entification. � �
o. or
(SEAL)
Pr Type N Names
Commiseion Number:
My Commission Eupires= --
_ MM ANN JM T&M
ST
PI CMM
SO p f
a-M^�f ra n•�-.
r
Page iZ of 14
Lease No. 4033
• EXHIBIT "A"
ZZOM DEBCRZPTZOHs M09ROB COVNTT LEA8E P CEL 1
(COUNTY AmcumsTRAT20N FAC=LITY)
BEING A PARCEL OF LAND, SITUATE IN GOVERNMENT LOT 1, SECTION 9,
TOWNSHIP 66 SOUTH, RANGE 32 EAST, HOME COUNTY, FLORIDA, ALSO
BEING ALL OF PARCEL "A-2" OF THOSE LANDS DEEDED FROM DYXSTSA TO
T.I.I.F. PER OFFICIAL RECORD BOOK 1077, PAGES 1576 AND IS77 OF
THE PUBLIC RECORDS OF SAID MONROE COMM, TOGETHER WITH A PORTION
OF PARCEL "B- OF THOSE LANDS DEEDED FROM DYXSTRA TO T.I.I.F. PER
OFFICIAL RECORD BOOK 1077, PAGES 1578 THROUGH 1580 OF THE
AFORESAID PUBLIC RECORDS, TOGETHER WITH A PORTION OF THOSE LANDS
XNOWN AS "OLD STATE HIGHWAY 4-A", ALL BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLONSs
ON THE CENTERLINE OF U.S. HIGHWAY NO. 1 AT ITS
INTERSECTION WITH THE WEST LINE OF GOVERNMENT LOT 1, SECTION 9,
TOWNSHIP 66 SOUTH, RANGE 32 EAST; THENCE BEAR NORTH 73.500'05-
EAST ALONG THE AFORESAID CENTERLINE OF U.S. HIGHWAY NO. 1, A
DISTANCE OF 2676.66 FEET TO ITS INTERSECTION WITH THE SOUTHERLY
PROLONGATION OF THE WESTERLY LINE OF THE AFORESAID LAND DESCRIBED
AS PARCEL "A-2" IN OFFICIAL RECORD BOOR 1077, PAGES 1576 AND 1577
OF THE SAID PUBLIC RECORDS; THENCE BEAR NORTH 16.0p99- WEST
ASANG SAID SOUTHERLY PROLONGATION, A DISTANCE OF 155.45 FEET TO
THE
FROM THE = , SAID POINT BEING THE SOUTHWESTERLY
CORNER OF SAID
PARCEL "A 2a, THENCE SEAR NORTH 73.50.05- EAST
ALONG THE SOUTH LINE OF SAID' PARCEL "A-2", A DISTANCE OF 316.80
FEET TO THE SOUTHWUTERLY CORNER OF SAID PARCEL "A-20; THENCE
NORTH 16"09035" WEST ALONG THE EASTERLY LINE OF SAID PARCEL "A-
2", A DISTANCE OF 195.54 FEET TO THE NORTHEASTERLY CORNER OF SAID
PARCEL "A-211: THENCE NORTH 43°26•52" WEST A DISTANCE OF 33.00
FEET TO A POINT ON THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST,
SAID CURVE BEING THE CENTERLINE OF SAID "OLD STATE HIGHWAY 4 A",
HAVING A RADIUS OF 880.26 FEET, AND FROM WHICH A RADIALLINE
BEARS SOUTH 43026832" ZAST= THENCE ALONG THE ARC OF SAID CURVE IN
A NORTHEASTERLY DIRECTION, SUBTENDED BY A CENTRAL ANGLE OF
02-42120-, AN ARC DISTANCE OF 41.57 FEET; THENCE DEPARTING SAID
CURVE; NORTH 16.09'55" WEST A DISTANCE OF 16.36 FEET; THENCE
SOUTH 73050105" WEST A DISTANCE OF 63.79 FEET; THENCE NORTH
16.09'55" WEST A DISTANCE OF 3.00 FEET; THENCE SOUTH 73630105"
WEST A DISTANCE OF 16.50 FEET; THENCE SOUTH 16009"55" EAST A
DISTANCE OF 69.20 FEET TO A POINT ON A LINE LYING S.50 FEET
SOUTHEASTERLY OF AND PAnAX"M WITH THE CENTERLINE OF AFORESAID
"OLD STATE HIGHWAY 4-All; THENCE ALONG SAID PARALLEL LINE SOUTH
43607005" WEST, A DISTANCE OF 310.12 FEET; THENCE DEPARTING SAID
PARALLEL LINE SOUTH 44.52155" EAST A DISTANCE OF 27.30 FEET TO
THE NORTHWESTERLY CORNER OF AFORESAID PARCEL, "A-2"• THENCE SOUTH
16.09'35- EAST ALONG THE WESTERLY LINE OF SAID PARCEL "A-2", A
DISTANCE OF 22.28 FEET TO THE POnff OF BEGIgNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 47,782.08 SQUARE FEET OR
1.09693 ACRES.
FOR THE PURPOSE OF THIS DESCRIPTION BEARINGS ARE RELATIVE TO
NATIONAL ADJUSTED DATUM 1983, NATIONAL GEODETIC SURVEY OF 1990,
ZONE 0901 FLORIDA EAST" WITH THE CENTERLINE OF U.S. HIGHWAY NO. 1
BEARING NORTH 73.50103" EAST.
LEGAL DEBCRIPTIONs XONROE COUNTY LEASE PARCEL 2
(eERAGB TREATMENTFACILITY)
BEING A PARCEL OF LAND, SITUATE IN GOVERNMENT LOT 1, SECTION 9,
TOWNSHIP 66 SOUTH, RANGE' 32 EAST MONROE COUNTY, FLORIDA, ALSO
BEING A PORTION OF PARCEL "B" OF THOSE LANDS DEEDED FROM DYXSTRA
TO T.I.I.F. PER OFFICIAL RECORD BOOR 1077, PAGES 1578 THROUGH
1580 OF THE PUBLIC RECORDS OF SAID MONROE COUNTY, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
P39e 13 of 14
Lease Re. 4033
ON THE CEN OF C.S. HIGHWAY NO
INTERSECTION WITH GOVERNMENT No. AT ITS
TO M=IP 66 SOUTH, RANGE 32LINE OF 1r SECTION 9,
FAST ALONG THE EAST; THENCE BEAR NORTH 73850005•
DISTANCE OF 1976.66 FEET TO I � OF C.S. HXG$WAY NO. 1, A,
PROLONGATION OF THE WESTERLY LIMB pIF THOSE W� ' SY
DYXBTRA TO T.I.I.F., DESCRIBED AS PARCEL "A—�DS DEEDED OFFICIAL
RECORD BOOK 1077, PAGES 1576 AND 1577 OF TkHE, IN UBLICIRE
THENCE BEAR NORTH 16'09'59" WEST ALONG Si
_ SAID PUBLIC
PROLONGATION, A DISTANCE OF 155.45 FEET TO THE S�p�Y CORNER OF SAID PARCEL "A-2"0 'THENCE BEAR NORTH 73030 " FAST
AFEETLONG TIE SOUTH LINE OF SAID PARCEL "A-2"r A DISTANCE OF 316.80
nl'HT16"THEr55NDTBEW A EST ST ALONG
CORNER OF SAID PARCEL "A-20; THENCE
G SO
", A DISTANCETHE
EASTERLY LINE OF SAID P "
PARCEL "STAN OF 195.54 E
FEET TO THE NORTHEASTERLY =K20O
A
FEET A PO T SCE NORTH 43°26F52" WEST A DIST NCEOF 333.00 JLT
Jj
SAID CURVE BEING THE OF A CURVE CONCAVE TO THE SO
SAID A RADIUS OF 880.26E AND FRON WHICH OF SAID
"OLD STATE HIGHWAY 4A Aw
SEARS SOUTH 43926052" EAST; THENCE ALONG THE ARC OF SRAD� CURVE IN
08.52032��Y DIRECTION, SUBTENDED BY A CENTRAL. ANGLE OF
. AN ARC DISTANCE OF 136.35 FEET; THENCE NORTH 34634020"
P�RWEST A DISTANCE OF 33.00 FEET TO CORNER
C�AMDB"PNOCEL "BRTH �. THENCE ALONG THESOPAST�YERLY LI AFORESAID
POINT—OF-BEGIM�M. 09 55 WEST, A DISTANCE OF 183.03 FEET TO THE
FROM THE �IN�^-.9��yr , CONTINUE AFORESAID PARCEL uB"=AX NORTH ICON r „ ALONG SAID EASTERLY LINE OF
F UTH 73 50 05N 9 55 WEST A DISTANCE OF 48.00
'i THENCE SO ■ WEST A DISTANCE OF 23.00 FEET
NORTHC73O5UT 05"N08'95N EAST A DZSTAN i
CE OF 48.00 FEET. THEDCZ
AMDMMM- EAST A DISTANCE OF 23.00 FEET TO THE
THE ABOVE DESCRIBED PARCEL, CONTAINS ACRES. 1,104 SQUARE FEETOR 0.02534
Page 14 of 14
Lease Mo. 4033
0
Work Plan for Sewer Tie-in Alternative Evaluation
Monroe Regional Service Center
Marathon,Monroe County,Florida
January 26,2011
0
Prepared for:
Florida Department of Management Services
4050 Esplanade Way, Suite 315
Tallahassee, 32399-0950
Prepared by:
JIM S77DHA 8 ASSOCIATES, INC.
547 Nodh Monroe Sheet, #201, Taliahasses. Florida 32301
L
r Monroe RSC Sewer Tie-in Work Plan
January 26,2011
Page 1
L Background
Jim Stidham and Associates,Inc.(JSA)developed this work plan for the Florida Department of
Management Services(DMS)outlining the technical approaches for the subsequent action items and
the associated cost estimates for the sewer tie-in project at Monroe Regional Service Center(RSC)in
Marathon,Monroe County,Florida(see Figure 1).
Monroe RSC operates a I0,000-gallons per day(GPD)extended aeration wastewater treatment plant
(WWTP)which receives its influent from three sources:Monroe RSC Building,the lift station from
Monroe County Administrative Building,and the lift station Brim the Coast Guard Building(see
Figure 2).This WWTP was constructed by the state of Florida but the plant,as well as the property
where it is located,was on a 50-year lease to Monroe County.This WWTP was operating under
Florida Department of Environmental Protection(FDEP)Permit No.FLA014703-003-DW3P issued
to Monroe County Board of Commissioners on November 17,2008 with an expiration date of June
30,2010.Since the Monroe RSC WWTP is scheduled to be decommissioned and the wastewater
streams connected to City of Marathon's sewer system,this WWTP is currently operated under a
temporary status and the renewal of the permit is not required To decommission the existing WWTP,
all components of the wastewater treatment facility need to be properly abandoned and the
construction plans for the sewer tie-in developed
IL Scope of Work,Approvals,and Permits
This project involves multiple agencies/entities and requires close coordination to be successful.JSA
has been in discussions with City of Marathon's Utility and Building Departments as well as its City
Engineer(Weiler Engineering),Monroe County Public Works(Middle Keys Operations),Florida
Keys Aqueduct Authority(FKAA),and FDEP offices in Marathon and Ft.Myers.In considering the
necessary permits,approvals,and/or coordination with various agencies and entities,the following is
a summary of the scope of work for the planned sewer tie-in:
• Develop the WWTP abandonment plan and obtain FDEP approval.
• Develop the engineering design for the treatment plant abandonment and the sewer tie-in.
• Apply for an FDEP Class V underground injection well abandonment permit.
• Evaluate the pros and cons of joint sewer tie-in with the neighboring properties,
• Apply for a City of Marathon sewer connection permit.This includes coordinating with
Monroe County and any sewer tie-in partners for cost sharing issues.
• Apply for an FDEP sewage collection/transmission system construction permit.
• Assist DMS in the procurement of a construction contractor.
• Coordinate with Monroe County in all the permitting efforts.
• Oversee the implementation of the WWI?abandonment and sewer tie-in work.
' Monroe RSC Sewer Tie-in Work Plan
January 26,2011
Page 2
• Coordinate with City of Marathon's final inapecdoa
Close all FDEP permits and develop the final completion report for the abandonment plan.
The abandonment plan completion report should be submitted no later than 60 days after the plant is taken offline.
III.Technical Approach
JSA proposes to complete the above-described scope of work in the following tasks:
Task 1•Site RecO WUN A %U=
This initial site visit is for the purposes of gathering the pertinent information for the subsequent
work A J3A engineer and two engineering technicians will conduct a site walk-over for hazardous
and non-hazardous waste inventory;measure dimensions of the WWTp compartments;survey
elevations ofthe influent and effluent pipe inverts,injection wells,potential city sewer connection
point,bottoms of lift stations;measure depths of the injection wells;inspect conditions of the W WTp
equipment;estimate the wet and dry sludge volumes and generation rates;survey the potential pipe
route and distances;inspect existing pipe material(s)and conditions;and observe the type and
conditions of City of Marathon's sewer connection point.JSA also will coordinate the timing of this
site visit,to the extent practical,so JSA engineer will have opportunities to meet with the RSC
superintendent,Monroe County Public Works,FKAA representative,and the City of Marathon
Utility and Building Departments.JSA estimates that the work to be completed during this site visit
Will require four(4)days.
Task 2:Alternative Evaluation
Evaluate the pros and cons of joint sewer de-in with the neighboring properties.Thus far FXAA and a
private property owned by Mr.Jim Mangold,(Telephone 904-232-1216)are the potential partners of
this effort.Mr.Mangold was referred to JSA by the City of Marathon.The evaluation will include the
initial impact fee(note:the City of Marathon assesses different fee rates to
Oppose to commercial customers),future b' sohetnmetati agencies as
i11e.maintenance responsibility of the lib stations and
service portion of the sewer,potential illicit discharge,and the necessary coordination.The evaluation
results will be provided to DMS for review in a letter report,The draft letter report will be submitted
approximately four(4)weeks after the site visit.It will be finalized upon addressing DMS concerns
and obtaining DMS concurrence of the report recommendations.
Task 3L FDEP P iIlW aadAR val
In this task JSA will first develop a W WTP abandonment plan.This abandonment plan will specify
draining,removal,and disposal of the contents in the W WTP;inventory and proper disposal of the
hazardous or harmful materials,proper abandoning of the effluent injection wells,and the proposed
piping system to the Ci s P posed
�. . new sewer ty' nearest sewer connection point.This abandonment plan will be
Monroe RSC Sewer Tie-in Work Plan
January 26,2011
Page 3
submitted to FDEP for approval.Concurrently JSA will apply for a Class V underground injection
well abandonment permit from the FDEP Underground Injection Control(UIC)Section.In this
application detailed well abandonment procedures will be specified.Additionally,an FDEP sewage
collection/tranam'Won system construction permit also will be secured.The FDEP
Ping and
approval processes will re quire approximately eight(8)weeks to complete.
ai
Upon receiving,FDEP permits and approvals,JSA will develop the engineering design based on the
treatment plant abandonment plan and the preliminary plans associated with the
will focus on the permits.The design.
hydraulics of the influent and effluent rises and with the objectives of minimizing
the distances of the new piping and eliminating,to the extent
Certain tanks or chambers may be converted into a lift station if gr avity flow cannot be achieved.ical,re-pumping of die ter.
JSA's design will include the necessary construction plans and specifications in sufficient details for a
construction contractor to implement the design plans.The specifications will be clear and tangible so
the client and/or construction management engineer can readily assess the ro
contractor's work.The deli progress and quality of the
design plan also will describe the logistics during the transitional period and
sequence of work so the wastewater flow can be diverted to the city sewer system seamlessly.This
task will require four(4)weeks to complete.
Task 5:City ofMargthon Sow['mmart: D ,gn+nv
With the design plans,JSA will apply for a City of Marathon sewer connection
ptamit.JSA will
coordinate with Monroe County and any sewer tie-in partners for the cost sharing issues.JSA will
notify DMS of its share of the final connection fee.The preliminary information JSA received from
the City of Marathon indicates that this fee may be at approximately$100,000.This fee is not
included in this cost estimate.JSA will coordinate with the process of DMS'fulfilling of this fimding
obligation.JSA anticipatea that this task will require eight(8)weeks to complete.
Task 6:Construction _ 1ugmCnt
The procurement of the construction contractor will be in accordance with the requirements as
specified in Chapter 255 Florida Statute(F.S.)and Rule 60D.5,Florida Administrative Code
(FJLC.).Currently the overall construction value is unknown but is anticipated to fall within the
range of a Level Three contract($25,000 to$200,000).JSA will develop Bid Documents for
competitive bidding/sealed quotes of the actual work JSA estimate that a meeting with DMS will be
required to finalize the bid documents as some decisions,such as obtaining DMS'standard non-
technical specifications(to be provided by DMS),liquidated damages,number of invitations for
quote,time and venue of the pre-bid conference,and etc.will need to be made.Once the bid
documents are approved by DMS,JSA will invite at least five(5)licensed general contractors in the
region to submit quotes.JSA will prepare sufficient seta of bid documents and provide,at cost,to the
interested bidders within a reasonable time.JSA will then hold one(1)non-mandatory pre-bid
Monroe RSC Sewer Tie-in Work Plan
January 26,2011
Page 4
conference with the interested bidders at the site.Questions will be answered in the pre-bid
conference if possible;otherwise all remaining questions will be answered via email and provided to
all bidders(defined as people who attended the pre-bid conference or purchased the bid documents)
If necessary,addendum or addenda will he made available to all registered bidders.Upon receiving
quotes,JSA will evaluate the bids,develop a bid tabulation sheet,and provide a recommendation to
DMS for its final selection.This task is expected to require eight(9)weeks,including two weeks for
bid document development,one week for invitation,four weeks for the pre-bid conference and bid
return,and one week for bid evaluation.
Task 7:Construction M�•±•gement
The purpose of JSA7a Construction Management is to ensure that the proposed work is completed in
accordance with the agency-approved plans and the engineer's design specifications and the work
proceeds on schedule and with the minimum amount of disputes.Duties of the Construction
Management engineer include the following:
• Submittal review;
• Pre-eonatruction conference with the selected contractor,its subcontractor(a),DMS
representativea,and the Monroe RSC WWTP staff
• Safety briefing;
• Documentation and record keeping(daily log);
• Permit compliance verification(construction per permitted plans and specifications);
• (General workmanship inspection;
• Scheduling and progress maintenance;
• Testing witnessing and results review and acceptance;
• Measurements and quantities verification;
• Technical change order consultation and approval;
• Questions and conflicts resolution in conference with DMS staff;
• Substantial completion inspection;and
• Punch-list development and resolution.
JSA estimates that the actual on site construction work will require four(4)weeks to complete.To
minimize cost,the JSA engineer will be on site only during the critical period of the construction,
estimated at approximately Sp%of the time in three(3)visits:the fast two days for the kick-off
meeting and safety briefing,one week-long visit in the middle,and another week-long visit during the
final week for the punch list inspection and corrections.The JSA construction management engineer
will work closely with the design engineer.JSA also will coordinate the city's final inspection during
the final week of the construction after all punch-list items have been corrected.Please note that the
Monroe RSC Sewer Tie-in Work Plan
January 26,2011
Pap 5
actual schedule may change due to site conditions.Additionally,sometimes more than one round of
punch-list won and re-inspection may be necessary.In such unforeseeable cases JSA will
request additional funding authorization accordingly.This task,including the construction
contractor's preparation,mobilization,and JSA's office work,will require three(3)calendar months.
_Task 8 Aa-built Plaas Devel 9n4 Final CertificatiagL and ProiM Lo
tcout
Upon completion of the construction,JSA will prepare the record(as-built)drawings and necessary
reports as required by the various agencies.The record drawings
cgs will specify deviations from the
approved plans and be submitted,along with the certification of construction completion,to
FDEP for final closure of the permits.JSA estimates that this task will be completed within three(3)
weeks.
IV-Coat Estimate and Schedule
The cost estimate for the proposed work is presented in Table 1.JSA proposes to complete this work
on a lump sum basis.The tentative schedule is presented in Figure 3.
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Attachment A
Contact Informadon for Monroe RSC Sewer Tie-in project
• DMS project director:Gene Nicoloso,850-499-2521;eusenio nicolosor dms m36fl2 da.com_
• Monroe Regional Service Center:Terry Graham;terrv.grahatntc'Za dms mvflorida• com
Monroe County:Bob Stone 305-797-1458,stone-bobA monroecogmty fl
• Florida Keys Aqueduct Authority:Julie Cheon 305-295-2150;icbeon co
• Mr.Jim Mangold(Adjacent Property Owner):Telephone:904-232-1216.
• FDEP:
0 Gary Maier(Well Abandonment Contact,FDEP,Ft.Myera):239-332-
6975,ea�.maierra,dgp state f,•us
0 Gus Rios(FDEP,Marathon)—(305)299-2310,"jios(cr deo state fl us
• City of Marathon:
o Dora Cofano(Community Service Coordinator,City Utilities):(305)289-
4104,cofanodnci.m rwtFnn .Q
0 Lone Mullins(Permit Technician IWOffice Manager,City Building D
4114, 1' a�marathon.fl u�. ):(305)289-
o Nancy Brooking(Weiler Engineering,City Engineer):(305)289-
4161,nbwoking„rni weiietenineer'pg o