Item G04 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17, 2013 Division: Growth Management
Bulk Item: Yes X No _ Department: Marine Resources Office
Staff Contact Person/Phone#: Richard Jones/289-2805
AGENDA ITEM WORDING:
Approval of Release of Use Agreement No.U-0342 between Monroe County (County) and the Board
of Trustees of the Internal Improvement Trust Fund (TIITF), releasing Monroe County from the Use
Agreement No.U-0342 dated October 18, 2006 which provided for Monroe County to manage the state
owned lands at the end of Summerland Road in Key Largo for the purpose of resource protection, and
prevention of unauthorized access and illegal dumping.
ITEM BACKGROUND:
At its October 18, 2006, BOCC meeting the BOCC approved Use Agreement No. U-0342 between the
County and TIITF providing for the County to provide management of the filled sovereignty
submerged lands at the end of the County right-of-way at the end of Summerland Road in Key Largo,
for the purpose of resource protection, and prevention of unauthorized access and illegal dumping.
Since that time Public Works has placed barriers at the end of Summerland Road to prevent
unauthorized access, and routinely removes trash. The TIITF now seeks to release the County from
the Use Agreement, and will surplus the subject property. Approval of the Release of Use will absolve
the County of future management and oversight of the subject site. The effective date of the Release
of Use Agreement is retroactive to May 30, 2013.
PREVIOUS RELEVANT BOCC ACTION:
October 2006- approval of Use Agreement No.U-0342 between the County and TIITF
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM#
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
RELEASE OF USE AGREEMENT NO. U-0342
The undersigned on the day of , 2013,
does hereby release all of its right, title and intent in the lands
described in the attached Exhibit "A" and Use Agreement No. U-0342
dated October 18, 2006, by and between the BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, as GRANTOR,
and MONROE COUNTY, as GRANTEE, effective the 30t' day of May, 2013.
MONROE COUNTY,FLORIDA
By its Board of County Commissioners
By: (SEAL)
Witness
Print/Type Witness Name Print/Type Name
Title:
Witness (OFFICIAL SEAL)
Print/Type Witness Name
ATTEST:
Print/Type Name
Clerk of the Board of County
Commissioners of Monroe County, Florida
"GRANTEE"
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 20_, by as
, of He/She is
personally known to me or has produced
as identification.
Notary Public, State of Florida
Print/Type Notary Name
Commission Number:
Commission Expires:
MONROE COUNT A TORNEY
/ APPROVF�P TO'FORM Ip
D111:,y
The BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF
THE STATE OF FLORIDA hereby consents to the foregoing Release of Use
Agreement this day of , 20_
By: (SEAL)
Witness Cheryl C. McCall, Chief,
Bureau of Public Land
Administration, Division
Print/Type Witness Name of State Lands, State of Florida
Department of Environmental
Protection
Witness
"GRANTOR"
Print/Type Witness Name
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this
day of , 20 , by Cheryl C. McCall, Chief, Bureau
of Public Land Administration, Division of State Lands, State of
Florida Department of Environmental Protection, acting as agent for
and on behalf of the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida. She is personally known to me.
Notary Public, State of Florida
Print/Type Notary Name
Commission Number:
Commission Expires:
Approved as to Form and Legality
By:
DEP Attorney
Page 2 of 2
Release of Use Agreement No.0342
Revised 12/12
OAM
BOARD or TWOVERS of THE 321TER19M 129PRIMMUMIT
TRUST FONa OF THE STATE OF 711023 M
vas AGVJ s
Use Agreement go. U-0342
THIS USE AGR is hereby granted this 4d day of
QG T 110 I#/ , 20 06 , by the BOARD OF TRVSTRX8 OF TBS
IN'f�lNA I I362O'V32MEN'P TRUST FOND OF TH6 STA'PS OF MORIDA,
hereinafter referred to as the "GRANTOR", through its lawfully
designated agent, the Division of State Lands, State of Florida
Department of Environmental Protection to MMUM COUNTY, FLORIDA,
a political subdivision of the State of Florida, hereinafter
referred to as " ".
WEERZAS, the GRANTEE desires to enter and use state-owned
uplands for resource protection and prevention of unauthorised
access and illegal dumping.
NXTEESSETH:
That for the faithful and timely partozmanoe of and
compliance with the tares and conditions stated herein, GRANTOR
does hereby grant to QPJMM, a use agreement on state-owned
lands described below, to wit:
(See Attached Exhibit "A")
subject to the following terms and conditions:
1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and
Obligations herein shall be exeroised by the Division of State
Lands, Department of Environmental protection.
2. Tww: GRANTm does hereby grant to GR== a use agreement
for the state-owned lands common oiaq on /s /P , 2000, and
extending until such time as management is transferred to an
alternative manager acceptable to both GRANTOR and fddtMM.
3. ER'1BRT OF AMUMMT: This use agreement covers the use of
state-owned uplands in the upland area more psrtionlarly
described in zxhib+t "A" attacked hereto, only for the purpose of
"source protection and prevention of unauthorised access and
illegal dumping, and no other use or activity shall be allowed.
4. Un OP no== AM MM IIS'M This use agreement shall
be non-exclusive. GRANZOR, as its duly authorised agent, shall
retain the right to enter the state land covered by this use
agreement or engage in management activities not inconsistent
with the use hexein provided Tor and shall retain the right to
great camp tible uses of the state land aubject to this use
agreement to third partiss during the term of this use agreement.
MOM shall not commit undue mate to the subject state-
owned lands. 'Upon termination or expiration of this use
agseemant GWIWM shall maintain or restore, as necessary, said
state land to substantially the same condition as it was upon the
effective date of this use agreement. MMM sba11 not remove
water from any source on state lands including, but not limited
to, a water course, reservoir, spring, or well, without the prior
written approval of the GRANTM. QRt shall class, sgsays and
Pick up all debris including, but not limited to, mad containers,
oil containers, papers, discarded tools and trash foreign to the
work locations and dispose of the same in a satisfactory meaner
as to leave the work locations clean and free of any such debris.
GRAWM shall not dispose of any contaminants including, but not
limited to; hazardous or toxic substances, chemicals or other
agents produced or used in GRMIMIS operations, on the state
land covered by this use agreement or on any adjacent state land
or in nay manner not permitted by law.
Upon t6mmiuOtioa or expiration of this use agreement and
shall remove all facilities and related structures
erected at OPASMIB expense.
S. MOST OF ZEBPaCTZCN-. ORAfS hereby agrees that OAAmT=' Or
its duly authorised agent, shall have the right at any and all
times to iaapeat the works and operation of OHAl1= in any matter
pertaining to this use agreement.
6. PWPSM R14WS: QRWM agrees and it is hereby expressly
stipulated that this use agreement and consent constitutes
Page 2 of 12
Use Agreement No. a-0342
R/6/2000
permissive use only and the placing of facilities and related
structures upon public property pursuant to this use agreement
shall not operate to create or vast any property right in said
holder and shall not conflict with the conservation, protection
and enhancement of said lands.
7. I,ZR=12y: Sach party is responsible for all personal
injury and property damags attributable to the negligent acts or
omissions of that party and the officers, employeYas and agents
thereof. Nothing hersin shall be construed as an indemnity or a
waiver of sovereign immunity enjoyed by any party hereto, as
provided in Section 768.20, Florida Statutes, an amended from
time to time, or any other law providing limitations on claims.
8. ASSXGNMM: This uss agreement shall not be assigned in
whole or in part without the prior written consent of GRAMR.
Any assignment made either in whole or in part without the prior
written consent of =Ugr= shall be void and without lagal
effect.
9. Cfl'1R'ING OF S• The cutting or removal of trees on the
state land covered by this use agreement is prohibited. In the
avant that in the coarse of its operations it shall become
aecesaszy for GRAMZZ to cut or remove tress, such trees shall be
out or removed only after prior written syproval has been
received from =kN= through its representative and in
socordance with the directions lawfully given by its
representative, and title to all portions of trees so felled or
seotoved shall be and in GRANTOR. All brush and refuse
that is necessarily ant in the course of 'S operations
shall be handled and disposed of in such a manner as to minimise
the danger of fires, all in accordance with said regulations and
the directions of the representative of GRANTOR. Trees subject
to this provision shall be, except for cypreas tress, three
inches in diameter or greater in size at a height of forty-eight
inches from the ground at the bass of the tree. Cypress trees
Page 3 of 12
U" Agreement No. 0-0342
R/6/2000
subject to this provision shall be any Cypress tree of two inches
in diameter or greater in siss at a height of forty-eight inches
from the ground at the base of the cypress tree. However, in no
event shall the indiscriminate cutting down, running over or
destruction of trees or vegetation of any size be allowed.
10. TBI.HPHOME LIMB, DITCHES hWD FMCES: All telephone lines,
ditches, and foams located within or immediately outside the
exterior boundaries of the any state-owned lands shall be
protected no far as possible in the conduct of =AWMI S
operations, and, it damaged by reason of said operations, they
shall be repaired immediately by and at the expense of .
The representative of GRANTOR may, when in his or her judgment it
is necessary to avoid risk of damage by said operations, require
GRANTEE to move any such telephone lines or fence from one
location to an adjacent location without compensatics.
11. ROADS, TRAIZS, FIRE IMMS: Rands, trails, and fire lines
Shall at all time be kept free of brash and debris resulting
from CRAW'='S operations harewuhm. Any road, trail, or
firebreak used by GRAWTBB in connection with the permitted
operations that is damaged (beyond what would be ordinary wear
and tear without such use) shall be repaired-p%=*tly by
at its expanse to its original conditions. GRAW= shall not
build any roads or trails without prior written approval of
GMRIrZ R. If any live trees are damaged through carelessness or
by fire caused by the employees or contractors of mmme,
GRAWTBE shall folly aampensate GRANTOR for the damage caused
thereby.
12. PRBVSWTIoK OF imas: =MMM agrees to use every reasonable
Precaution including, but not limited to, stab of Florida
Department of Agrianitnre and Consumer Services, Division of
Forestry (DOF) standards fax fire safety on state Forest lands,
to prevent the occurrence of forest fires on state lands and to
promptly notify the DOF office or nearest of any such occurrence.
Page 4 of 12
1980 Agreement No. U-0342
R/6/2000
=n the event a forest tiro shall commence in the vicinity of
MAMMIS operations during the period such operations are being
conducted, or immediately thereafter, it shall be conclusively
presumed that such tire occurred as a result of the operations of
=M1'S, unless the contrary is clearly demonstrated to the
satisfaction of GR11l= by Gi MMI and QRRM= hereby agrees to
pay 1MWZOR for any and all damage caused to stag lands by such
fire, including but not limited to, costs to suppress such fire;
costs for the damage to the timber, trees or other forest
products (whether standing, cut or fallen); and costs for the
damage to any improvements or persons' pxopox-ty thereon, caused
by or as a result of such fire. Q MIM shall, at its eapeuae,
replant, restock or reforest any area affected by reason of such
fire to the satisfaction of G11AWM or its LZBSM.
13. MZNNMAL RXGWS: This use agreement does not cover petroleum
or petroleum products or minerals and does not give the right to
the GMUMM to drill for or develop the same.
u. -DIBCRnwALTxcu: =AN2= ahall not discriminate against
any individual because of that individual's race, color,
religion, aex, national origin, age, bandioapa, or marital status
with respect to any activity occurring within theavea subject to
this use agreement or upon lands adjacent to and used as an
adjunct of the leads covered by this use agreement.
15. BBST hUMORNMAT PUMCSS: GRUMU shall implement
applicable Best Management Practices in compliance with paragraph
18-2.018(2) (h), Florida Administrative Coda, for all of the
activities conducted an this use agreement, which have been,
selected, developed, or approved by MAXTOR or other land
managing agencies for the protection and enhancement of the state
land covered by this use agreement.
16. A CBA80LMCRL ACID 8=STORic SXM: CRAM= hereby covenants
and agreas that execution of this use agreement in no way affects
any of the parties' obligations pursuant to Chapter 267, Florida
Page 5 of 12
IIme Agreement No. II 0342
R/6/2000
Statutes. The collection of artifacts or the disturbance of
arohaeologioal and historic sites on state-owned lands is
prohibited unless prior authorisation has been obtained frog the
State of r1or3da Department of State, Division of Historical
Resources.
17. PROHIBITIONS AQAIMST LIEN8 OR 0T88R MTCMUBRANCH8: Nbe title
to the land included in this use agreement is held by GRANTOR.
GRANTER shall not do or permit anything to be done which purports
to create a lien or enanmbranoe of any nature against the real
property vested in the GRANTOR including, but not limited to,
mortgages or construction lions against the real property covered
by this use agreement or against any interest of GRANTOR therein.
26. BREACS OF COVENANTS, , or CMWITIONS• Should GRANTEE
breach any of the covenants, terms, or conditions of this use
agreement, GRANTOR shall give written notice to GRANTEE to remedy
such bweach within thirty days of such notice. In the event
GRANTEE fails to rqmscjy the breach the satisfaction of GRANTOR
within thirty days of receipt of written notice, =MIT= any
either terminate this use agreement and recover from GRANTER all
damages GRANTOR may incur by reason of the breach, including, but
not limited to, costs and attornsyse fees or maintain this use
agreement in full force and effect and exercise all rights and
Canadian herein conferred upon GRANTOR.
19. PARTIAL iNMXDXTY: if any term, covenant, condition or
provision of this use agreement shall be ruled by a court of
competent jurisdiction, to be invalid, void, or unenforceable,
the remainder shall remain in full force and effect and shall in
no way be affected, impaired or invalidated.
20. MO NaIVER 08 BREACH: The failure of GRANTOR to insist in
any one or more instances upon strict perfomance of any one or
more of the covenants, toms and conditions of this use agreement
Shall not be construed as a waiver of such covenants, terns and
conditions, but the came Shall continue in full force and effect,
Page 6 of 12
Use Agreement No. U-0342
R/6/2000
and no waiver of GRANTOR of any one of the provisions hereof
shall in any event be deemed to have been the waiver
is sot forth in writing, signed by GRANTOR.
21. DVPLICATS CRIGINUA: This use agreement is executed in
duplicate originals each of which shall be ooaaiderod an original
for all purposes.
22. ZWTM =C2282AMMING: This use agreement sets forth the
entire understanding between the parties and shall only be
amended with the prior written approval of GRANTOR.
23. ME: Time is expressly declared to be of the essence of
this use agreement.
24. INBVAANCS REQUIRUMUTS: During the term of this use
t GRANTBB shall procure and maintain policies of
insurance or a certificate of self-insurance for property damage
and public liability in mounts not less then $100,000 pow person
and 0200,000 per incident or occurrence for personal injury,
death and property damage on the state land covered by this use
agreement. Such policies or certificate shall name the t,RNWM
GRANTOR and the State of Florida as coinsureds. QVjMM2 shall
submit written evidence of having procured all insurance policies
or certificate required herain prior to the effective date of
this use agreement to the state of Florida Department of
Mvirommental Protection, Division of State Sands, Sureau of
Public Land Administration, !Sail Station 130, 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399-3000. GRA T88 shall
purahase or have purchased all policies of such insurance from a
financially responsible inure duly authori:od to do business in
the State of Florida. Any certificate of self-insurance shall be
issued or approved by the insurance Commissioner, State of
Florida. The certificate of self-insurance shall provide for
liability and property damage coverago. GRAMM shall be
financially responsible for any loss due to failurs to obtain
adequate insurance coverage and the failure to maintain such
Page 7of12
VMS Agreement No. V-0342
R/6/2000
policies or certificate in the amounts not forth shall constitute
a breach of this use agreement.
25. RX=T OF A=XT: GRANMM shall make available to OVAN24M all
4inann;,.' and other records relating to this use agreement and
GRANT03t shall have the right to audit such records at any
reasonable time. This right shall be continuous until this lease
expires or is ted. This use agreement may be terminated
by GRANTOR should =AN= fail to allow public access to all
doconants, papers, letters or other materials made or received in
conjunction with this use agreement, pursuant to Chapter 119,
Florida Statutes.
26. NO+PSCB: All notice* given under this use agreement shall be
In writing and shall be served by certified mail including, but
not limited to, node of any violation served pursuant to
Section 253.04, Florida Statutes, to the last address of the
Party to wheel notice is to be given, as designated by such party
in writing. The GRhW= and the GRANTCR hereby designate their
address as follows:
GRANTOR: State of Florida Department o£ 8aviroament42
Protection
Division of State rands
8- of public Lend Administration, M. S. 230
3900 Casmonwealth Boulevard
Tallahassee, Florida 32399-3000
0MAWM: County
c/o Director of Marine Resources
2798 Overseas Rigbway, Suite 420
Marathon, Florida 33050
27. CEWZ#Zh= NXT8 LAMS: GRAN' agrees that this use
a9zoesmat is contingent upon and subject to GRAN= obtaining all
applicable permits and complying with all applicable permits,
regulations, ordinances, =lea, and laws of the State of Florida
or the United States or of any political subdivision or agency of
either.
29. GOVSRNING LAW: This use agreement shall be governed by and
interpreted according to the laws of the State of Florida.
Page 8 of 12
Vse Agseeswnt No. U-0342
R/6/2000
29. MCTICK CAp'1ONSI: Articles, subsections and other captions
contained in this use agrsament are for reference purposes only
and are in no ray intended to describe, interpret, define or
limit the sea", a:tent or intent of this use agreement or MW
provisions thereof.
30. TI% DISCbAtNR: MLVN Oft does not warrant or guarantee any
title, right or interest in or to the property described is
8s164bit "A" attached hereto.
Dage 9 of 12
Use Agreement No. U-0342
R/6/2000
IN IMIXSSS iik0k MY, the parties have caused this use
agreement to be esecnted on the day and year first above written.
BOARD Or TRUBT=BS OF TER IXTZMMML
xbm?F VS10lliT TJWST Fm OF TOM
SUM OF FLORIDA
Aboud_n.. edua, (mi)
WAWA C. Baamm' OPZWAM mrs
Am MANAGMEaT CMBMTMT
t/ mvpass Name I111MI&MR, BoasAv OF PU=C
LUM ADKERXBTRATIOK, DIVI920m
Or STAT= IMMS, STAIR OF
lri FLORIDA DEPAR'mam O]F
PROTECTION
Print Type N taes
wGIPMU1'OR"
STRm Or FLOR M
COMM OF UOU
The f ^ing ina} went was acknowledged before m this
S+
day of 20Qk, by Gloria C. Nelson, as
Operations cad RSaaaga®ent Coasultaat Manager, Bureau of Public
Land Administration, State of ]Florida Departmueut of =aviromental
Protection, who is personally kne to me or rho p educed
as idea i oh.
No Public, state of Florida
Print/Type Notssy
Sylvim S.Roberts
Cosmisaioa Number: •CamedWm#0D4W4
E*nSgb.r.mbwB.estea
Commission 8spi s:
Approved s to ]Fora Legality
By:
At '
Page 10 of 12
Use Agzamment No. U-0342
R/6/2000
MMMOZ COMITY, FLORMA
By ITS Sam Of
C0MMS8I0111128
r
r by: (8811L)
Witness
�.
A VEATGZ.AiUGLS_ lifs fragm
Pr;Lnt#RiWa Witness Name Print/Type Nam
Title:
Witae e J."i
O>:,rl
Print T pe Witness Name
Attest Hy: C.
Psint/Type US=
Title: A rY� y Glsl�
qll
STEAMS of�yy�ry FZAWLWA
COUNTY OF bIMMOS;
foregoing instrument was aoknowledgad more as this
day of sV6w , 20_fe,, by w/41~ " 5Cf and
, as w,r N
and , reapeotiw y, on behalf of the
Hoard of codity Coemtissioners at xonroe County, Ylorida. They
are Personally known to me or produoad as
Notary PuBlic, State of Plorida
Print/Type Notary Dame
Commission Number:
Commission Espirss:
WCOMWO MO0Dp1 O
a �tirud.�.s�
MONROE COUNTY ATTORNEY
APPRO f:0 AS TO FORM:
Page 11 of 12
Use Agreement No. N-0342 OW
8U i M.3RIMSLE
YJ
R/6/2000 A8881T ATTORNBY
Dots
EXMIT "A"
41
1 �
Y ,
1 ,
i I •,
I �
1
e
� I
Page 12 of 12
Use Agrertnent No. U-0342
LEGAL DESCRIPTION OF PROPERTY
All that portion of the property lying North of Lot 1, Block 13, Lake
Surprise Estates, according to the plat thereof as recorded in Plat Book 4,
Page 162 of the Public Records of Monroe County, Florida, as shown on the
Specific Purpose Survey for the Department of Natural Resources by James E.
Beadman, P. L. S., dated September 26, 1989, filed in the Bureau of Survey
and Mapping Office File No. 2115, Division of State Lands, Department of
Environmental Protection, described as follows:
Begin at the Northeast Corner of said Lot 1; thence North a distance of
50.00 feet; thence West a distance of 25.00 feet; thence Northerly to the
Mean Water Level Line being elevation 0.56 feet, National Geodetic Vertical
Datum of 1929 as shown on said Survey; thence Westerly, Northwesterly, and
Southwesterly along said Mean Water Level Line to the intersection with the
Northerly projection of the West line of Lot 1; thence South a distance of
50 feet more or less along the Northerly projection of said West line of Lot
1 to the Northwest corner of Lot 1; thence East a distance of 140.00 feet
along the North line of Lot 1 to the Point of Beginning being the Northeast
corner of said Lot 1.
Together with
All that property lying West of the North projection of the West line of Lot
1, Block 13, Lake Surprise Estates, according to the plat thereof as
recorded in Plat Book 4, Page 162 of the Public Records of Monroe County,
Florida, as shown on the Specific Purpose Survey for the Department of
Natural Resources by James E. Headman, P. L. S., dated September 26, 1989,
filed in the Bureau of Survey and Mapping Office File No. 2115, Division of
State Lands, Department of Environmental Protection, described as follows:
Begin at the Northwest Corner of said Lot 1, as shown on the Specific
Purpose Survey for the Department of Natural Resources by James E. Headman,
P. L. S., dated September 26, 1989, filed in the Bureau of Survey and
Mapping Office File No. 2115, Division of State Lands, Department of
Environmental Protection; thence West a distance of 5 feet more or less
along the Westerly projection of the North line of said Lot 1 to the to the
Mean Water Level Line being elevation 0.56 feet, National Geodetic Vertical
Datum of 1929 as shown on the Specific Purpose Survey for the Department of
Natural Resources by James E. Headman, P. L. S., dated September 26, 1989;
thence North and Northeast along the Mean Water Level Line to the
intersection with the North projection of the West line of said Lot 1;
thence South along the North projection of the West line of said Lot 1 to
the Point of Beginning being the Northwest Corner of said Lot 1.
Date: 05.15.13
John Moore Surplus Parcel
Section 31, T60S, R40B
Monroe County