09/25/1991 Agreement
MEMORANDUM
From:
Nancy Cohen, Deputy Clerk
Angela Adams, Senior Staff Assistant~
Growth Management Division
To
Date:
September 25, 1991
Re
FDOT Lease Agreement
At the August 7, 1991 meeting of the BOCC, the Board adopted
Resolution No. 264-1991, authorizing County staff to complete,
and granting the Mayor authorization to execute a nominal fee
lease agreement with the Florida Dept. of Transportation, for the
County's use for park purposes, of land owned by the Dept. of
Transportation and part of the U.S. Highway 1 right-of-way on
Lower Matecumbe Key.
On August 26, 1991, you forwarded four certified copies of said
resolution and four duplicate originals of the lease which had
been executed on behalf of Monroe County.
At this time, I am returning to you one fully executed original
lease agreement for your files.
Please feel free to contact me with any questions you may have.
/aa
Enclosure
ANGELA. o 51/TXTADAMS
w. P . I No.
Section/Job No.:
F.A.P. No.
County
Parcel No.
90050-2517 (2516)
5 (US #1 Bayside)
Monroe
0020
LEASE AGREEMENT
THIS AGREEMENT, made this 1:1J day of ~cPn:M8rl? , 1991 by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSP~~ATI~, J
hereinafter called the LESSOR, and mOV ~e l.OUt.~Y
hereinafter called the LESSEE.
WIT N E SSE T H
In consideration of One Dollar ($1.00) and other good and valuable
consideration the Parties agree as follows:
1. Lessor does hereby lease unto Lessee the lands described
in Exhibit "A", attached hereto and made a part hereof, for a
period of Five (5) years beginning with the date of this agreement.
The term of this Agreement shall be automatically reviewed and
extended for an additional five (5 ) year period.
2 . The leased land shall be used solely for recreational
purposes, and vehicle parking. If the land is used for any other
purpose, the Lessor shall have the option of immediately
terminating this agreement.
However, before termination, the
Lessor shall give the Lessee written notice as to any violation,
and if same is not cured to the satisfaction of the Lessor within
thirty (30) days after such :notice, then such termination shall be
binding and effective.
3. This agreement may be terminated by either party upon
thirty (30) days written notice to the other party.
4. No structures or improvements of any kind except
specifically provided herein shall be placed upon the land without
prior approval in writing by the district Secretary of Lessor. All
permi tted structures or improvements of the Lessee shall be removed
by the Lessee at its expense within sixty (60) days of termination
of this Agreement and the land restored as nearly as practical to
its present condition. It is specifically understood and agreed
that Lessor shall have no obligation to financially assist Lessee
in improving the leased land or in removing and improvement from
the leased land at the termination of this agreement.
5. Lessee further specifically agrees that it will not seek
or accept any type of funding for financing improvements to the
leased area which will interfere with Lessor's ability to recover
or use said land at termination of this agreement.
6. Any structures or improvements made upon the land shall be
located solely within the leased area and shall not encroach into
the highway right of way. The typical section identified as
Exhibit "B" and made a part of this agreement, shall be followed in
placing any structures or improvements on the land.
7. Sanitation facilities may be placed on the leased area for
the convenience of the public. All plans for septic tank or other
appropriate sanitation system shall be reviewed and approved by the
Lessor's environmental section prior to installation after all
necessary permits are obtained from any and all regulatory
agencies.
8. The design and placement of driveway entrances shall be
submitted to and approved by Lessor prior to installation.
9. Commercial advertising signs are prohibited. Directional
signs indicating entrances, exits, etc. are permitted. Such signs
must be designed and installed to meet applicable standards of the
Florida Department of Transportation. Such signs may be
illuminated if permitted by local or county sign codes.
10. Lessee shall not sublet or make any assignment, written or
verbal, of this Lease Agreement except with the prior written
approval of the District Secretary of the Florida Department of
Transportation, his designee or successor.
11. Lessee shall indemnify, defend, save and hold harmless
Lessor from any damage, claims, demands, suits and liabilities of
any nature arising out of, because of, or due to any accident
happening or occurrence on the leased land.
12. The Lessor reserves the right to enter and inspect the
leased area and to require whatever adjustment to structures or
improvements as deemed necessary.
13. The Lessee will use and occupy said premises in a careful
and proper manner, and not commit any waste thereon, nor allow the
storage of any hazarous or flammable material on the leased area.
The Lessee will not use or occupy said premises for any unlawful
purpose and will conform to and obey any present or future
ordinances and/or rules, regulations, requirements and orders of
governmental authorities or agencies respecting and use and
occupation of said premises. The Lessee agrees that he will
prohibit overnight camping, and sleeping and cooking in vehicles
parked in the leased area.
14. Lessee is responsible for securing all necessary permits
and licenses, including but not limited to environmental, drainage,
grading and paving permits, from all municipal, county, state, or
federal agencies, including the Florida Department of
Transportation, having jurisdiction.
15. All improvements made to the leased area shall be
accomplished in accordance with a plan approved by the District
Secretary of Lessor, his designee or sucessor.
16. Lessor shall have the right to enter the leased premises
during normal business hours for the purpose of performing
maintenance on its facilities and structures.
17. If Lessee installs a locking gate or barrier, or other
means of restricting access to the leased area, a duplicate set of
keys will be provided to Lessor for emergency access purposes.
18. This lease is subject to all utilities in place and in use
and to the maintenance hereof.
19. Lessee shall maintain the demised area at his expense.
IN WITNESS WHEREOF, the parties hereto have caused these
present to be executed, the day and year first above written.
MONROE COUNTY
\.U.~.' ~--~ . -- ~ ~-~
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BY:
ATTEST: DANNX L; ~OWlAGE, Clerk
U-..1>~ .
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTAT N
BY:
rict Se r
District x
ATTEST: ~
Executive Secr tary
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SCHEDULE "A"
SECTION/JOB NO.: 90050-2517(2516)
PARCEL NO.: 0020
A tract of land situated on Lower Matecumbe Key, in the County
of Monroe and State of Florida and known as being a part of section
29, Township 64 South, Range 36 East and further known as being a
part of those lands lying southeasterly of the centerline of State
Road Number 5 (U.S. - 1) right-of-way, as shown on Florida State
Right-of-Way Map for Section 90050, southwesterly of Tract "A"
Lower Matecumbe Beach, according to Plat Book 3, Page 34, of the
Official Records of Monroe County, northeasterly and adjacent to
the West line of said section 36 and being northwesterly of the
Straits of Florida (a.k.a. Atlantic Ocean) and also including a
part of those lands as described in Official Records Book 1091,
Page 2445, Monroe County Public Records and being more particularly
described as follows:
COMMENCE at the most westerly corner of Tract "A" of Lower
Matecumbe Beach, according to the plat thereof as recorded in Plat
Book 3, at Page 34, of the Public Records of Monroe County,
Florida, said point being 50.00 feet southeasterly of station 724-
00 of the Baseline of said Right-of-Way Map; and the POINT OF
BEGINNING of the parcel of land and water herein intended to be
described; from said Point of Beginning bear South 33 degrees, 26
minutes, 01 seconds East, along the southwesterly line of said
Tract "A" 150.00 feet, to the southeasterly right-of-way line of
said U.S. Highway No.1; thence bear South 56 degrees, 33 minutes,
59 seconds West, along said southeasterly right-of-way line
2,747.67 feet more or less, to the West line of said Section 29,
Township 64 South, Range 36 East according to said Right-of-Way Map
- Section 90050; thence bear North 00 degrees, 10 minutes, 51
seconds West, along said West line of section 29, according to said
Right-of-Way Map - Section 90050, 131.54 feet to a point which is
90.00 feet, measured at right angles southeasterly from the
baseline of survey as shown on said Right-of-Way Map, thence bear
North 53 degrees , 49 minutes, 57 seconds East 838.56 feet to a
point which is 50.00 feet, measured at right angles southeasterly
from said baseline of survey, thence bear North 56 degrees, 33
minutes, 59 seconds East along said line 50 feet southeasterly and
parallel 1,172.94 feet; thence bear North 33 degrees, 26 minutes,
01 seconds West 5.00 feet to a point which is 45.00 feet, measured
at right angles southeasterly from said base line of survey; thence
bear North 56 degrees, 33 minutes 59 seconds East along said line
Schedule "A"
section/Job No.: 90050-2517 (2516)
Parcel 0020
45.00 feet southeasterly and parallel with said baseline of survey
80.00 feet; thence bear South 33 degrees, 26 minutes, 01 seconds
East, 5.00 feet to a point which is 50.00 feet, measured at right
angles, southeasterly from said base line of survey; thence bear
North 56 degrees, 33 minutes, 59 seconds East along said line 50.00
feet southeasterly and parallel to said base line 585.0 feet more
or less to the Point of Beginning, containing 8.93 acres of land
and water of the straits of Florida.
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"Planning Department
RESOLUTION NO. 264-1991
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A RESOLUTION OF THE MONROE COUNTY BOARD OF
COMMISSIONERS AUTHORIZING COUNTY STAFF TO COM-
PLETE, AND GRANTING THE MAYOR AUTHORIZATION
TO EXECUTE, A NOMINAL FEE LEASE AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION,
FOR THE COUNTY'S USE FOR PARK PURPOSES, OF
LAND OWNED BY THE DEPARTMENT OF TRANSPORTA-
TION AND PRESENTLY PART OF THE U.S. HIGHWAY
1 RIGHT-OF-WAY ON LOWER MATECUMBE KEY; SUB-
JECT.TO FINAL DEPARTMENT OF TRANSPORTATION
APPROVAL. GENERALLY DESCRIBED AS BEING IN THE
NW 1t4 OF SECTION 29 AND EXTENDING TO THE
NE" 1/4 OF SECTION 30, TOWNSHIP 64 SOUTH,
RANGE 36 EAST IN LOWER MATECUMBE KEY, MONROE
COUNTY, FLORIDA, AND COMMONLY REFERRED TO
AS CALOOSA COVE OR MATECUMBE BEACH, AT MILE
MARKER 73, OCEANSIDE.
WHEREAS, on August 30, 1989, the Monroe County Board of Com-
missioners adopted Resolution No. 510-1989 authorizing the execu-
tion of a lease agreement between Monroe County and the Board of
Trustees of the Internal Improvement Trust Fund of the State of
Florida concerning real property being part of, and adjacent to,
property proposed as part of the Caloosa Cove park project; and
WHEREAS, on September 12, 1990, the Monroe County Board of
commissioners adopted Resolution No. 368-1990 accepting a grant
agreement from the Florida Recreation Development Assistance
Program (FRDAP) of the Department of Natural Resources. The
grant agreement awarded $120,000 in State funds to Monroe County
and committed $60,000 in County funds for the Caloosa Cove park
project, also known as Matecumbe Beach, and stipulated a comple-
tion date of November 1, 1991; and
WHEREAS, the property leased by Monroe County from the Board
of Trustees of the Internal Improvement Trust Fund is insuffi-
cient to administer the FRDAP grant for the site and is effective-
ly unusable for park purposes, and said grant was awarded and
accepted based upon an unfortunate and unintended misunderstand-
ing of 1) the boundaries specified in the adopted lease agreement
of August 30, 1989; and 2) the boundaries of the proposed park
covered by the grant agreement; and
Page 1
MATBERES.01A/TXTFERRI
Initials
WHEREAS, the land intended to be improved under the said
grant is now required to be put under the control of Monroe Coun-
ty in order to properly develop the proposed park and administer
the said grant; and
WHEREAS, the land required to develop the proposed park is
currently owned by the Florida Department of Transportation and
is part of the u.S. Highway 1 right-of-way, and the Florida De-
partment of Transportation has indicated a willingness to enter
into a long-term, nominal fee lease agreement with Monroe County
concerning the land in question; and
NOW WHEREAS, in order to correct the previous misunderstand-
ing with regard to the Monroe County controlled property bounda-
ries, and in order to provide an attractive beach as a public
park for residents and visitors to Monroe County, and to facili-
tate the administration of the FRDAP grant to develop this park,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF MONROE COUNTY, FLORIDA, as follows:-
1) the County Staff is hereby authorized to complete a
nominal fee lease agreement with the Florida Department
of Transportation for the County's use of land owned by
the Department of Transportation and presently part of
u.S. Highway 1 right-of-way at Mile Marker 73,
Oceanside, on Lower Matecumbe Key, for the specific
and sole purpose of developing a park; and
2) the Mayor of the County is hereby authorized to execute
the nominal fee lease agreement upon its completion; and
3) tne lease agreement shall go into effect upon its pas-
sage, adoption, and final execution by all parties under
the agreement; and
4) the Clerk of the Board is hereby directed to forward a
certified copy of this Resolution to the Monroe County
Planning Department.
Page 2
MATBERES.01A/TXTFERRI
Initials
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the 7th day of August , 1991
BY
(SEAL)
ATTEST: DANNY L. KOHLAGE, CLERK
BY: ~-f~.~.e.
epu Cler
MATBERES.01A/TXTFERRI
Page 3
Mayor Harvey
Mayor Pro Tern London
Commissioner Cheal
Commissioner Jones
Commissioner Stormont
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
\ " · · -. cl\
w.'~"'~" """_-\"\'- ~~. '\
Mayor/Chairman
APPROVE:D A~ TI"l F()RM
~~~?:ii7~/
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o.t. <;<:- i - 9/
Initials