Item G15 G15
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
March 20, 2024
Agenda Item Number: G15
2023-2221
BULK ITEM: Yes DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley
9 am
AGENDA ITEM WORDING: Approval of a Revocable License Agreement with Douglas and
Geraldine Mader of 1343 Long Beach Drive, Big Pine Key, for temporary access through, and
permission to place shoreline erosion prevention boulders along the edge of, Monroe County
Comprehensive Plan Land Authority's property, described as Lot 18, Long Beach Estates, Section A,
Big Pine Key.
ITEM BACKGROUND:
Douglas and Geraldine Mader, whose residence is located at 1343 Long Beach Drive, Big Pine Key,
have requested temporary access through the Monroe County Comprehensive Plan Land Authority's
(MCLA)property immediately adjacent to their property for the purpose of stabilizing the shoreline of
their private property by installing erosion control boulders. Additionally, the foot of the boulder
revetment will extend approximately 6 feet onto the MCLA property for a distance of approximately 40
linear feet along the shared property line as shown on Exhibit A. The Mader property (Lot 19) suffered
significant erosion during a December 2024 storm event and the owners wish to now stabilize their
property to prevent further erosion. Temporary access through the MCLA property was requested as a
means to get equipment and supplies to the shoreline in order to complete the project at 1343 Long
Beach Drive (Lot 19). The proposed shoreline project has been designed by the Maders' engineer and
they have committed to obtaining all necessary permits for the work. Additionally, the Revocable
License Agreement includes indemnification provisions and insurance requirements that protect the
MCLA from any potential liability.
PREVIOUS RELEVANT BOCC ACTION:
NA
INSURANCE REQUIRED:
Yes
CONTRACT/AGREEMENT CHANGES:
NA
1859
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Revocable License Agreement—Mader original.pdf
Exhibit A- Mader Rev License Agreement 3-2024.pdf
FINANCIAL IMPACT:
NA
1860
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REVOCABLE LICENSE AGREEMENT
THIS REVOCABLE LICENSE AGREEMENT (the "License") is made this day of
2024, by and between MONROE COUNTY COMPREHENSIVE PLAN
LAND AUTHORITY ("Licensor") and DOUGLAS MADER and GERALDINE MADER (collectively
"Licensee")
I T :
WHEREAS,Licensor is the owner of certain vacant land on Long Beach Drive,Big Pine Key,
Florida,and more particularly described as follows:
Lot 1 , LONG BEACH ESTATES, SECTION A, according to the Plat thereof as
recorded in Plat Book 5, Page 38 of the Public Records of Monroe County,
Florida.
Parcel Identification Number: 00316900-000000
(Hereinafter" CLA Property");and
WHEREAS, Licensee owns that certain land located at 1343 Long Beach Drive, Big Pine Key,
Florida,and more particularly described as follows:
Lot 19, LONG BEACH ESTATES, SECTION A, according to the Plat thereof as
recorded in Plat Book 5, Page 38 of the Public Records of Monroe County,
Florida.
Parcel Identification Number: 00316910-000000
WHEREAS, Licensee pursuant to Monroe County Building Permit Number (the
"Building Permit") is performing certain shoreline restoration work to restore the riprap revetment along
the shoreline and prevent further shoreline erosion of Lot 19;and
VvqMREAS, Licensee has requested temporary access through the Licensor Property and
permission to place certain shoreline erosion prevention control boulders along the edge of Licensor
Property,as set forth on the diagram attached hereto and incorporated herein as Exhibit A.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
acknowledge,the parties agree as follows:
1. Licensor hereby grants to Licensee a revocable and non-assignable license to enter on, over and
across the Licensor's Property for the purpose of repairing the riprap revetment on Licensee property, in
accordance with the diagram on Exhibit A and for access to Licensee's property during Licensee's
shoreline restoration project. Licensor, reserves to itself and its successors and assigns, all such right,title,
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interest and privilege as owner in fee simple of the Licensor Property. Any clearing of vegetation for
access through the MCLA Property shall be done in coordination with, and with the approval of, the
Monroe County Land Steward. Vegetation clearing shall be limited to the minimum required to
accommodate the width of a single machine accessing the shoreline. Licensee shall be responsible for
obtaining a clearing permit, if required, for any vegetation proposed for removal to accommodate
machinery and all removed vegetation shall be restored in accordance with Licensor Land Steward
recommendations. Licensor reserves the right to require restoration of any cleared area on the MCLA
Property,at Licensee's sole expense.
2. Licensor shall have the right to revoke and terminate this License with or without cause, with
thirty(30)days' written notice to Licensee. Written notice given or sent by Licensor to Licensee, shall be
deemed to have been fully given and/or sent, when made in writing and deposited in the United States
mail, certified or registered and postage prepaid, or when received, via hand delivery or nationally
recognized overnight courier and addressed to the following address: Attn: Douglas and Geraldine Mader,
1343 Long Beach Drive, Big Pine Key, Florida 33043. In the event Licensee's items, materials and/or
belongings are not removed from the Property in response to written notice of termination from Licensor,
or should Licensor find it necessary in the event of an emergency to act immediately, Licensor may
remove Licensee's items, materials and/or belongings from the Property and shall not be responsible for
damage incurred due to such removal. The costs incurred by the Licensor associated with any such
removal shall be borne by Licensee. This License Agreement shall expire upon the earlier of one hundred
eight(180) days from the date of execution or the closure of the Building Permit and Clearing Permit, if
required.
3. This License is personal to Licensee and may not be assigned or transferred except that the
Parties acknowledge that License area may be utilized by Licensee's contractors working pursuant to the
Building Permit. Licensee shall not assign, sublease, or grant use rights to the Property to anyone. Any
attempted disposition by Licensee of an interest in the Property without Licensor's prior written consent
shall be void and confer no rights upon any third person or entity,and grounds for immediate termination
of this License Agreement.
4. Licensee agrees to maintain a public liability insurance policy in an amount not less than
$300,000.00 in coverage, naming Licensor as an additional insured through the term of this agreement.
Licensee shall also ensure that any contractors working on behalf of Licensee and who are using the
License area shall also provide the same insurance coverage in favor of Licensor through the term of this
agreement. Furthermore, Licensee agrees to indemnify and hold harmless and defend Licensor, its
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officers, agents, managers,members,tenants,and employees against any and all claims, losses, liabilities,
and expenditures of any kind, including attorneys' fees, court costs, and expenses, caused by the conduct,
misconduct, negligence, error, omission, or act of Licensee and/or his/its/their officers, directors,
shareholders, employees, agents, professors, students, interns, or invitees, or accruing, resulting from, or
related to the subject matter of this License Agreement, including without limitation, any and all claims,
demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any
person or property, whether or not suit be brought. The provisions of this indemnification provision shall
survive the expiration or earlier termination of this License Agreement.
5. If any action of the Licensee and/or his/its/their officers, directors, shareholders, employees,
agents, invitees, or customers results in damage to the Property, Licensee shall, at its sole cost and
expense, immediately repair such damage in a manner acceptable to Licensor.
6. Licensor does not warrant or represent that the Property is safe or suitable for the purpose for
which Licensee is permitted to use it,and Licensee assumes all risks in its use.
7. Upon the termination of this Agreement, Licensee shall return the Property to Licensor, in the
same or better condition than received on the effective date hereof, clean and cleared of all trash, debris,
personal property,and equipment of any kind.
8. Covenants of Licensee.
8.1. Licensee shall procure all licensing, permits and approvals as may be required by law,
and shall comply with all governmental rules, regulations, policies, and/or laws, including but not limited
to the Monroe County Code of Ordinances.
8.2 Licensee shall not use the Property, or permit any part of the Property to be used for any
unlawful, disreputable, or hazardous purpose, nor shall Licensee operate or conduct its business in a
manner constituting nuisance of any kind. A violation of this covenant shall be cause for immediate
termination of this License Agreement.
8.3 Licensee shall keep the Property clean and free of garbage, debris, trash and any other
property, whether owned by Licensee or others, with the exception of items used in connection with the
restoration activities contemplated herein.
8.4 Licensee shall not occupy, obstruct, or otherwise encumber areas outside of the Property
and shall not block access to the Property.
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8.5 No use of the Property shall be made or permitted to be made, or acts done, or that will
create a fire or safety hazard, or as shall cause a cancellation of any insurance policy covering the
Property.
9. Miscellaneous Provisions.
9.1 This Agreement shall be governed and construed in accordance with the laws of the
Monroe County,Florida and the State of Florida.
9.2 If any provision of this Agreement shall be determined by a court of competent
jurisdiction to be invalid or unenforceable, such determination shall not effect the remaining provisions of
this Agreement, all of which shall remain in full force and effect.
9.3 This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
9.4 This Agreement may not be amended, modified, superseded, cancelled, renewed or
extended. and the terms and conditions hereof may be waived, except by a written instrument signed by
all the parties or, in the case of a waiver, by the party waiving compliance. No delay on the part of any
party in exercising any right,power or privilege hereunder shall operate as a waiver thereof, nor shall any
waiver on the part of any party of any right, power or privilege hereunder, nor shall any single or partial
exercise of any right, power, or privilege hereunder preclude any other or further exercise thereof or the
exercise of any other right, power or privilege hereunder. The rights and remedies herein provided are
cumulative and are not exclusive of any rights or remedies which any party may otherwise have at law or
in equity. The rights and remedies of any party arising out of or otherwise in respect of any inaccuracy in
or breach of any representation, warranty, covenant or agreement contained in this Agreement shall in no
way be limited by the fact that the act, omission, occurrence, or other state of facts upon which any claim
or any such inaccuracy or breach is based may also be the subject matter of any other representation,
warranty, covenant or agreement contained in this Agreement (or in any other agreement between the
parties)as to which there is no inaccuracy or breach.
9.5 All of the terms and provision of this Agreement shall be binding upon, inure to the
benefit of and be enforceable by each of the parties hereto and their respective heirs,executors, successors
and assigns.
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IN WITNESS WHEREOF, the parties hereto have executed and/or caused this Agreement to be
executed the day and year first above written.
LICENSOR:
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
y:
Signature of Witness David Rice, Chairman
®.......... _................._............
Printed Name of Witness
w...............__.._.. ...,.u�. ...,,,,e,,,,,_..�. ..�,..... ...
Signature of Witness
Printed Name of Witness
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LICENSEE:
By:
Signature of Witness Douglas Mader
A1jqOr3 ®.
Printed Name of Witness
By: e�w
Sil nature 0 e Geraldine Mader
MARTI �L-
Printed Name of Witness
PROJECT LOCATION
PARCEL ID 00316910-000000
LT 19 LONG BEACH ESTATES SEC A P135-38
SEC/TWP/RNG 01/67/29
BIG PINE KEY o
LATITUDE: 24.637340°N LONGITUDE: 81.344735°W
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DIRECTIONS: rynw?'o
U.S. HIGHWAY NO. 1 SOUTH TO MM 32.8t.
LEFT AT LONG BEACH DRIVE. rk d ,,; I'M K,y
PROJECT SITE: 1343 LONG BEACH DRIVE ('r r uga' r'r
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ADJOINING OWNERS ilropftarhOr �
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BIG PINE KEY, FL 33043 >
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