Item D07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 19, 2006
Division:
Engineering
Bulk Item: Yes L
No
Department: Engineering
Staff Contact Person: David Koppel
AGENDA ITEM WORDING: Approval to enter into an agreement with Rudolph Krause to lease property
on Ramrod Key for use as a temporary hurricane debris site, as needed.
ITEM BACKGROUND: Development of two debris sites used in 2005 has necessitated identifying new
debris sites.
PREVIOUS RELEVANT BOCC ACTION: none
CONTRACT/AGREEMENT CHANGES: none
STAFF RECOMMENDATIONS:
Approval as stated above.
TOTAL COST $250 per acre used per day
COST TO COUNTY: $250 per acre per day
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No ~ AMOUNT PER MONTH_ Year
APPROVED BY: County Atty -L OMB/Purchasing
Risk Management
,
DIVISION DIRECTOR APPROVAL:
David S. Koppel, PE, County Engineer
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM
Revised 2/05
VEGETATIVE WASTE AND HURRICANE DEBRIS LEASE AGREEMENT
This Agreement is entered into this ______ day of ____________, 2006, by
and between Rudolph Krause, whose address is
______________________________________, hereafter Lessor, and MONROE
COUNTY, FLORIDA, a political subdivision of the State of Florida, hereafter
County, the Lessee.
In exchange for the mutual promises and consideration set forth below,
the parties agree as follows:
1, The County, or it contractors, shall deliver hurricane debris to the
Lessor's land site located at Mile Marker 27, 26351 Old State Road 4A,
Ramrod Key,
legal description: Section31 Township 66 Range 29 Ramrod Key Pt Lot 1,
(RE# 00114150-000000), for storage, if needed, due to a hurricane or
disaster. Third parties authorized by the Lessee may also deliver
vegetative waste and hurricane debris to the land site.
2. Upon execution of this lease, the Lessee must pay Lessor $100.00 in
consideration of reserving the Lessor's site for hurricane debris storage
during the term described in paragraph six (6). When the land site is
utilized to store hurricane debris, then the County must pay the Lessor
$250.00 per acre utilized per day for the period of time that debris is
stored on the site. The Lessor consents to the presence of County
employees at the Lessor's site for the purpose of monitoring its
contractors.
3. The County may discontinue use of the site if, in its discretion, it
determines that the storage site is not longer necessary. If the County
discontinues use of the storage site, then the County will have no further
obligation or liability to the Lessor except for the days actually used for
the storage of debris. The County will, at its own expense, return the
property to its original condition, as nearly as possible, and with the
Lessor's approval.
4. The County stipulates that it is a state governmental agency as defined by
Florida Statutes and has purchased suitable General Liability, Vehicle
Liability, and Workers' Compensation insurance, or is self-insured, in
amounts adequate to respond to claims within the limitations of Florida
Statute 768.28 and 440, arising out of the activities governed by this
agreement.
5. This Agreement may not be amended except through written amendment
signed by both parties. July 19 I 2006 to
6. The term of this agreement is from .J..Jl.oa.3.D__________, 200_7 and shall
continue from year to year unless specifically canceled by either party by
providing at least 60 days prior written notice to the other party of their
intent to cancel, subject to paragraph seven (7) of this Agreement.
7. Monroe County's obligation to pay under this agreement is contingent
upon an annual funding appropriation by the Board of County
Commissioners.
8. This written agreement represents the entire Agreement between the
parties and supersedes any prior written documents or memoranda or
oral communications.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal,
the day and year first written above.
Witness
Witness .
By: ______________________________
Owner / Representative
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
By: __________________________________
Mayor /Chairman
MONROE COUNTY ATTORNEY
AS