Item P01 P1
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: P1
2023-2282
BULK ITEM: No DEPARTMENT: County Land Acquisition And Land
Management
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley
N/A
AGENDA ITEM WORDING: Approval of a Revocable License Agreement with Isaac P. Bixler and
Dolores Jamie for temporary access through County property located at 45 Riviera Drive, Key West,
Florida, for the purpose of repairing the dock and/or seawall at 43 Riviera Drive in accordance with
required permits.
ITEM BACKGROUND:
Isaac P. Bixler and Dolores Jamie own 43 Riviera Drive, Key West, Florida, and have requested
temporary access through property owned by Monroe County at 45 Riviera Drive to facilitate access to
repair their collapsing seawall.
Temporary access through the County property was requested as a means to get equipment and supplies
to the shoreline in order to complete the seawall repair project. 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 County from any potential
liability. The insurance will be provided either through Bixler and Jamie, as Licensee, or their
contractors. The License may be terminated by the County, as Licensor, with or without cause by
giving thirty (30) days' written notice.
PREVIOUS RELEVANT BOCC ACTION:
NA
INSURANCE REQUIRED:
Yes
CONTRACT/AGREEMENT CHANGES:
N/A
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STAFF RECOMMENDATION: Approval
DOCUMENTATION:
REVOCABLE LICENSE AGREEMENT - 43 Riviera (Rev Final Legal Stamped).pdf
FINANCIAL IMPACT:
Effective Date: March 20, 2024
Expiration Date: Upon completion of seawall and/or dock repairs
Insurance Required: Yes (COI will be provided once Contractor is retained)
Other Financial Impact Info: N/A
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Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Monday, March 18, 2024 1:42 PM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Senior Management Team and Aides; Liz Yongue; InternalAudit
Cc: Gastesi-Roman; Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen;
Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Saenz-
Stephanie; Hurley-Christine; Rosch-Mark; Gambuzza-Dina; Beyers-John
Subject: Add On item P1 BOCC 03/20/2024
Attachments: AIS 2282 P1.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Good afternoon,
Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda:
"Approval of a Revocable License Agreement with Isaac P. Bixler and Dolores.Iamie for temporary access
through County property located at 45 Riviera Drive, Key West, Florida,for the purpose of repairing the dock
and/or seawall at 43 Riviera Drive in accordance with required permits. "
The Agenda Item Summary is attached.Once approved,this will be considered Add On Item P1.
Sincerely,
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)850-8694(Cell)
Courier Stop#1
Notary Public
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PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
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REVOCABLE LICENSE AGREEMENT
THIS REVOCABLE LICENSE AGREEMENT (the "License") is made this 20th day of March,
2024,by and between MONROE COUNTY, a political subdivision of the state of Florida("Licensor")and
1SAAC P. BIXLER and DOLORES JAMIE (collectively"Licensee").
WITNESSETH:
WHEREAS,Licensor is the owner of certain vacant land on 45 Riviera Dr., Key West, Florida,
and more particularly described as follows:
Lot 4, Block 8, GULFREST PARK PLAT NO. 2, according to the plat thereof as
recorded in Plat Book 4, Page 157, Public Records of Monroe County, Florida.
Parcel Identification Number: 00158110-000000
(Hereinafter"County Property"); and
WHEREAS, Licensee owns that certain land located at 43 Riviera Dr., Key West, Florida, and
more particularly described as follows:
Lot 5, Block 8, GULFREST PARK PLAT NO. 2, according to the plat thereof as
recorded in Plat Book 4, Page 157, Public Records of Monroe County, Florida.
Parcel Identification Number: 00158120-000000
(Hereinafter"43 Riviera Drive")
WHEREAS, Licensee pursuant to Monroe County Building Permit Number (the
"Building Permit") is performing certain concrete dock repair work to restore the seawall at 43 Riviera
Drive; and
WHEREAS, Licensee has requested temporary access on and through the County Property for
staging of construction materials and construction vehicles.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby
acknowledged, 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 Licensee's dock and/or seawall at 43 Riviera
Dr. in accordance with the Building Permit. Licensor,reserves to itself and its successors and assigns, all
such right,title, interest and privilege as owner in fee simple of the Licensor Property.
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
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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: Isaac P. Bixler and Dolores Jamie, at 43 Riviera Dr.,
Key West,Florida 33040. In the event Licensee's items,materials and/or belongings are not removed from
the County 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 County 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.
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 County 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, either through Licensee's own coverage or its contractors, the
following insurance coverages, naming Licensor as an additional insured through the term of this
agreement:
Workers Comp (WC3): $500,0001$500,0001$500,000
Vehicle Liability: $200,000 per Person; $300,000 per Occurrence
$200,000 Property Damage
General Liability: $300,000 per Person; $500,000 per Occurrence
$200,000 Property Damage
or
$500,000 Combined Single Limit
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.
Monroe County Board of County Commissioners, its employees and officials, 1100 Simonton Street, Key
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West,Florida 33040, as Licensor, shall be named as additional insured on all policies, except for Worker's
Compensation. Furthermore, Licensee agrees to indemnify and hold harmless and defend Licensor, its
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 a 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 County
Property.
9. Miscellaneous Provisions.
9.1 This Agreement shall be governed and construed in accordance with the laws of 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 affect 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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[SIGNATURE PAGE TO FOLLOW]
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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:
By its Board of County Commissioners
By:
Holly Merrell Raschein, Mayor
ATTEST:
Clerk(or Deputy Clerk of the
Circuit Court)
Monroe County,Florida
Approved as to legal sufficiency:
Patricia Eables, Esq,Assistant County Attorney
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LICENSEE:
By:
Signature of Witness Isaac P. Bixler
Printed Name of Witness
By:
Signature of Witness Dolores Jamie
Printed Name of Witness
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