HomeMy WebLinkAboutItem C11 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tern David Rice,District 4
y Craig Cates,District 1
James K. Scholl,District 3
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Holly Merrill Raschein,District 5
Regular Meeting
April 15, 2026
Agenda Item Number: C I I
26-0741
BULK ITEM: Yes DEPARTMENT: Fire Rescue
TIME APPROXIMATE: N/A STAFF CONTACT: R.L. Colina
AGENDA ITEM WORDING: Approval of Use and Occupancy Agreement and Addendum with
the State of Florida Department of Transportation for the Lease for public purpose, no consideration,
of airspace located above and/or below the gradeline for Parcel 4368 on Conch Key (Fire Station#17)
to commence upon execution of this Agreement and expire on April 13, 2050.
ITEM BACKGROUND: On July 15, 1992, Monroe County entered into a Use and Occupancy
Agreement for Item/Segment No. 415230-2, Managing District: Six: State Road No: 5/US 1/Overseas
Hwy/MM63, Parcel 4368 lying in fractional section 15, Township 65 South, Range 34 East, Monroe
County, Florida. The Lease was for public purpose, at no consideration.
Monroe County Fire Rescue (MCFR) requests that the Use and Occupancy Agreement and Addendum
be executed with the State of Florida Department of Transportation to enter the Lease for an additional
period ending April 13, 2050, for continued use of the property located at MCFR's Conch Key Fire
Station#17.
PREVIOUS RELEVANT BOCC ACTION: None
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: Approval of Use and Occupancy Agreement and
Addendum with the Florida Department of Transportation for a term ending April 13, 2050.
STAFF RECOMMENDATION: Approve
DOCUMENTATION:
P. 4368 Monroe County Conch Key Fire St. UAO Addendum- FINAL.pdf
FINANCIAL IMPACT:
Effective Date: 04.15.26
Expiration Date: 04.13.50
Total Dollar Value of Contract: $0.00
Total Cost to County: $0.00
Current Year Portion: $0.00
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
ApprovalUse and OccupancyAgreement e with tFlorida
Department of Transportationforte Lease for public purpose, no consideration, of
airspace located above and/or below the gradeline for Parcel 4368 on Conch (Fire
Station 17) to commence upon execution of this Agreementa expire on April13, 2050.
23 CFR,Part 710 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-060-32
USE AND OCCUPANCY AGREEMENT RIGHT OF WAY
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ITEM/SEGMENT NO.: 415230-2
MANAGING DISTRICT: Six
F.A.P. NO.: N/A
STATE ROAD NO.: 5/US1/Overseas Highway/MM 63
COUNTY: Monroe
PARCEL NO.: 4368
THIS AGREEMENT, made this day of , between
Monroe County, Florida at 10 S. Conch Avenue&Overseas Highway, Marathon, Florida 33050
(Lessee)and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Department), an agency of the State of Florida
(State).
WITN ESSETH:
WHEREAS,the Department may convey a leasehold in the name of the State, in any land, buildings, or other property, real
or personal, acquired under Section 337.25, Florida Statutes; and
WHEREAS,the United States Department of Transportation, Federal Highway Administration (FHWA), requires any use of
airspace above, and/or below the highway's established gradeline, lying within the approved right of way limits on a Federal Aid
System, to be accomplished pursuant to a right of way use and occupancy agreement in accordance with 23 CFR, Part 710, and
WHEREAS,the Department has acquired sufficient legal right,title, and interest in the right of way of Monroe County, Florida
which includes the property described in Exhibit"A"attached hereto and made a part hereof,
which right of way is part of a highway on a Federal Aid System; and
WHEREAS,the Department desires to lease to Lessee the airspace which is that space located above and/or below the
gradeline of the property described in Exhibit"A", attached and such airspace is hereinafter referred to as the"real property interest"or
the"leased property"and made a part hereof for the following purpose: Portion of gravel parking lot and landscape buffer for enlarged
fire station,fire/rescue services, community assemblies and fundraising activities approved and authorized by the Lessor by Permit.
WHEREAS,the proposed use will not impair the full use and safety of the highway, require or permit vehicular access to
such space directly from the established gradeline of said highway, or interfere with the free flow of traffic on said highway.
NOW, THEREFORE, in consideration of the premises made a part hereof, and the covenants, promises, understandings, and
agreements made by each party to the other as set forth herein, the Department and the Lessee do hereby mutually agree as follows:
1. Premises
The premises hereto are true and correct and form an integral part of this Agreement.
2. Term
The Department does hereby lease unto Lessee the real property interest for a period of twenty-five (25)years
beginning with the date of this Agreement. One renewal of this Agreement may be made for twenty-five(25)years
However, except for a public purpose conveyance, such renewal may not exceed five years. Nothing herein shall be construed to in
any way grant an interest in the property lying below said airspace.
3. Rent
a. Lessee shall pay to the Department as rent each ❑ month ❑ quarter ❑ year on or before the first day of each rent
payment period, SEE ADDENDUM plus applicable sales tax. When this Agreement is terminated, any unearned rent and
sales tax payment shall be refunded to Lessee. However, no such refund shall be made where termination is due to Lessee's violation
of a term or condition of this Agreement.
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b. The Department reserves the right to review and adjust the rental fee biannually and at renewal to reflect market
conditions.
c. All rental payments are to be made by check or money order, payable to the State of Florida Department of Transportation
and delivered on or before the due date to: SEE ADDENDUM
d. Lessee shall be responsible for all state, county,city, and local taxes that may be assessed, including real property taxes
and special assessments. In the event that no rent is specified herein,then it has been determined that either the use by Lessee is a
nonproprietary use by a governmental agency or an exception from the current fair market rental value requirement(23 U.S.C. Section
156)has been obtained for social, environmental, or economic mitigation (SEE)purposes. In the event that it should be determined at
any time that the use is not a nonproprietary use by a governmental agency or that the SEE exception does not apply or has been
revoked, Lessee agrees to pay, at that time, rent as determined to be the fair market rental value by an independent appraiser certified
by the Department, and Lessee further agrees to pay such rent, under the remaining terms and conditions of this Paragraph 3, for the
remaining term (including renewals)of this Agreement.
e. Any installment of rent not received within ten (10)days after the due date shall bear interest at the highest rate allowed by
law from the due date thereof, per Section 55.03(1), Florida Statutes. This provision shall not obligate the Department to accept late
rent payments or provide Lessee a grace period.
4. Use, Occupancy, and Maintenance
a. The Lessee shall be responsible for developing and operating the real property interest as set forth herein.
b. The Lessee's proposed use of the real property interest is as follows: Portion of gravel parking lot and landscape buffer for
enlarged fire station,fire/rescue services, community assemblies and fundraising activities approved and authorized by the Lessor by
Permit.
c. The general design for the use of the real property interest, including any facilities to be constructed,and the maps, plans,
and sketches setting out the pertinent features of the use of the real property interest in relation to the highway facility are set forth in
composite Exhibit"B"attached hereto and by this reference made a part hereof. In addition, said composite Exhibit"B"also contains a
three-dimensional description of the space to be used, unless the use is of a surface area beneath an elevated highway structure or
adjacent to a highway roadway for recreation, public park, beautification, parking of motor vehicles, public mass transit facilities, or
other similar uses, in which case, a metes and bounds description of the surface area,together with appropriate plans or cross sections
clearly defining the vertical use limits, may be substituted for said three-dimensional description in said composite Exhibit"B'.
d. Any change in the authorized use of the real property interest or revision in the design or construction of the facility
described in Exhibit"B"shall require prior written approval from the appropriate District Secretary of the Department, subject to
concurrence by the FHWA.
e. The Department,through its duly authorized representatives, employees, and contractors, and any authorized FHWA
representative, may enter the facility at any time for the purpose of inspection, maintenance, or reconstruction of the highway and
adjacent facilities,when necessary; or for the purpose of surveying, drilling, monitoring well installations, sampling, remediation, and
any other action which is reasonable and necessary to conduct an environmental assessment or to abate an environmental hazard.
f. Lessee, at Lessee's sole cost and expense, shall maintain the facility to occupy the real property interest so as to assure
that the structures and the area within the highway right of way boundaries will be kept in good condition, both as to safety and
appearance. Such maintenance will be accomplished in a manner so as to cause no unreasonable interference with the highway use.
Lessee shall ensure vertical and horizontal access to the Department for maintenance purposes. In the event that Lessee fails to so
maintain the facility,the Department, through its duly authorized representatives, employees, and contractors, may enter the facility to
perform such work, and the cost thereof shall be chargeable to the Lessee and shall be immediately due and payable to the
Department upon the performance of such work.
g. Portable or temporary advertising signs are prohibited.
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h. The design, occupancy, and use of the real property interest shall not adversely affect the use, safety, appearance, or
enjoyment of the highway by lights, sounds, wireless frequencies, smoke,fumes,vapors, odors, droppings,or any other objectionable
discharges, or emissions, or nuisances of any kind therefrom.
i. When,for the proposed use of the real property interest, the highway requires additional highway facilities for the proper
operation and maintenance of the highway,such facilities shall be provided by the Lessee without cost to either the Department or the
FHWA and subject to both Department and FHWA approval.
j. The proposed use shall not cause or allow any changes in the existing drainage on the property under the real property
interest.
k. Lessee shall not occupy, use, permit, or suffer the real property interest,the property, the facility, or any part thereof to be
occupied or used for any illegal business use or purpose,for the manufacture or storage of flammable, explosive, or hazardous
material, or any other hazardous activity, or in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in
violation of any present or future federal, state, or local laws, orders, directions, ordinances, or regulations.
I. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be
defined under any state or federal laws or regulations, or as those terms are understood in common usage, are specifically prohibited.
The use of petroleum products, pollutants,and other hazardous materials affecting the property is prohibited. Lessee shall be held
responsible for the performance of and payment for any environmental remediation that may be necessary, as determined by the
Department. Similarly, if any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the
real property interest under lease,the Lessee shall be held similarly responsible. The Lessee shall indemnify, defend, and hold
harmless the Department from any claim, loss, damage, cost, charge, or expense arising out of any such contamination.
m. Existing utilities and all corresponding easements shall remain in place and Lessee shall not disturb or interfere with the
same.
5. Indemnification. (select applicable paragraph)
® Lessee is a Governmental Agency
To the extent provided by law, Lessee shall indemnify, defend, and hold harmless the Department and all of its officers,
agents, and employees from any claim, loss, damage, cost, charge,or expense arising out of any act, error, omission, or negligent act
by Lessee, its officers, agents, or employees, during the performance of the Agreement, except that neither Lessee, its agents, or its
employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error,
omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by Lessee in the performance of
services required under this Agreement, the Department will immediately forward the claim to Lessee. Lessee and the Department will
evaluate the claim and report their findings to each other within fourteen (14)working days and will jointly discuss options in defending
the claim. After reviewing the claim, the Department will determine whether to require the participation of Lessee in the defense of the
claim or to require that Lessee defend the Department in such claim as described in this section. The Department's failure to promptly
notify Lessee of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Lessee.
The Department and Lessee will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any.
❑ Lessee is not a Governmental Agency
Lessee shall indemnify, defend, save,and hold harmless the Department, its agents, officers, and employees,from any
losses,fines, penalties, costs, damages, claims, demands, suits,and liabilities of any nature, including attorney's fees (including
regulatory and appellate fees), arising out of or because of any acts, action, neglect, or omission by Lessee, or due to any accident,
happening, or occurrence on the leased property or arising in any manner from the exercise or attempted exercise of Lessee's rights
hereunder whether the same regards person or property of any nature whatsoever, regardless of the apportionment of negligence,
unless due to the sole negligence of the Department.
Lessee's obligation to indemnify, defend, and pay for the defense or at the Department's option, to participate, and to
associate with the Department in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the
Lessor's notice of claim for indemnification to Lessee. Lessee's inability to evaluate liability or its evaluation of liability shall not excuse
Lessee's duty to defend and indemnify within seven days after such notice by the Department is given by registered mail. Only an
adjudication or judgment after the highest appeal is exhausted specifically finding the Department solely negligent shall excuse
performance of this provision by Lessee. Lessee shall pay all costs and fees related to this obligation and its enforcement by the
Department. The Department's failure to notify Lessee of a claim shall not release Lessee of the above duty to defend.
6. Insurance. Lessee at its expense, shall maintain at all times during the term of this Agreement, public liability insurance
protecting the Department, FHWA, and Lessee against any and all claims for injury and damage to persons and property,and for the
loss of life or property occurring in, on, or about the land arising out of the act, negligence, omission, nonfeasance, or malfeasance of
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Lessee, its employees, agents, contractors,customers, licensees, and invitees. Such insurance shall be carried in a minimum amount
of not less than one million I($ 1,000,000.00 )for bodily injury or death to any one person or any number of persons in
any one occurrence and not less than one million ($ 1,000,000.00 ) for property damage, or a combined
coverage of not less than two million ($250007000.00 ). All such policies shall be issued by companies licensed
to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be canceled or modified
unless the Department is given at least sixty(60)days prior written notice of such cancellation or modification. Lessee shall provide
the Department certificates showing such insurance to be in place and showing the Department and FHWA as additional insured under
the policies. If self-insured or under a risk management program, Lessee represents that such minimum coverage for liability will be
provided for the property.
7. Termination
a. This Agreement may be terminated by either party without cause upon thirty (30 )days prior written notice to the
other party.
b. It is understood and agreed to by the Lessee that the Department reserves the right to terminate this Agreement
immediately without prior notice, in the event the Lessee violates any of the conditions of this Agreement and such violation is not
corrected within a reasonable time after written notice of noncompliance has been given. In the event the Agreement is terminated and
the Department deems it necessary to request the removal of the facility on the property,the removal shall be accomplished by the
Lessee in a manner prescribed by the Department at no cost to the Department or the FHWA.
c. The Lessee must notify the Department of its intention to renew this Agreement not later than thirty(30)days prior to the
expiration of the original term. Lessee's failure to comply with the foregoing notice provision may result in the Department's refusal to
renew the Agreement.
d. Upon termination of this Agreement, Lessee shall deliver the property to the Department, or its agents, in the condition
existing at the commencement of this Agreement, normal wear and tear excepted, unless a facility, any improvement, or any part
thereof has been constructed on the property.
e. If removal of the facility, improvements, or any part thereof is requested by the Department, any such structures shall be
removed by the Lessee at Lessee's expense by midnight of the day of termination of this Agreement and the property restored as
nearly as practicable.
f. This Agreement is terminable by the Department in the event that the facility ceases to be used for its intended purpose, is
abandoned, or if use of the facility is required by the Department for transportation, maintenance or emergency purposes.
8. Eminent Domain
Lessee acknowledges and agrees that its relationship with the Department under this Agreement is one of landlord and tenant
and no other relationship either expressed or implied shall be deemed to apply to the parties under this Agreement. Termination of this
Agreement for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation
for any interest suffered or lost as a result of termination of this Agreement, including any residual interest in the Agreement or any
other facts or circumstances arising out of or in connection with this Agreement.
Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or
damages of any sort, including special damages, severance damages, removal costs, or loss of business profits, resulting from
Lessee's loss of occupancy of the property specified in this Agreement, or any such rights, claims, or damages flowing from adjacent
properties owned or leased by Lessee as a result of Lessee's loss of occupancy of the property specified in this Agreement. Lessee
also hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any
sort as set out above, as a result of Lessee's loss of occupancy of the property,when any or all adjacent properties owned or leased by
Lessee are taken by eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this
Agreement is still in existence on the date of taking or sale or has been terminated prior thereto.
9. Miscellaneous
a. The real property interest and Lessee's rights under this Agreement shall not be transferred, assigned, pledged or
conveyed to another party without the prior written consent of the Department, subject to concurrence by the FHWA. Lessee shall not
allow any liens or other encumbrances to attach to the leased property.
b. In conformance with the Civil Rights Act of 1964 (Title VI,Appendix"C")and 49 CFR Part 21, Lessee agrees as follows:
1. That as a part of the consideration hereof, Lessee does hereby covenant and agree as a covenant running with the
land that(1)no person,on the grounds of race, color, sex, or national origin shall be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination in the use of said property and facility; (2)that in
connection with the construction of any improvements on said property and facility and the furnishing of services
thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors; and (3)
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that the Lessee shall use the property and facility in compliance with all other requirements imposed pursuant to 49
CFR part 21..
2. That in the event of breach of any of the above covenants, the Department shall have the right to terminate this
Agreement and to re-enter and repossess said property and the facility thereon, and hold the same as if this
Agreement had never been made or issued.
c. During the term of this Agreement Lessee shall, at Lessee's own cost and expense, promptly observe and comply with all
present or future laws, requirements, orders, directions, ordinances, and regulations of the United States of America, the State of
Florida, county or local governments, or other lawful authority whatsoever,affecting the land, property, and facility or appurtenances or
any part thereof, and of all insurance policies covering the property, land, and facility,or any part thereof.
d. In addition to or in lieu of the terms and conditions contained herein,the provisions of any Addendum of even date herewith
which is identified to be a part hereof is hereby incorporated herein and made a part hereof by this reference. In the event of any
conflict between the terms and conditions hereof and the provisions of the Addendum(s),the provisions of the Addendum(s)shall
control, unless the provisions thereof are prohibited by law.
e. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and
supersedes all prior agreements, understandings, or negotiations with respect thereto. Any provision hereof found to be unlawful or
unenforceable shall be severable and shall not affect the validity of the remaining portions hereof.
f. Lessee acknowledges that it has reviewed this Agreement, is familiar with its terms,and has had adequate opportunity to
review this Agreement with legal counsel of Lessee's choosing. Lessee has entered into this Agreement freely and voluntarily. This
Agreement contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and
agreements, oral or written, heretofore made between the parties and/or between Lessee and any previous owner of the property and
landlord of Lessee are merged in this Agreement,which alone,fully and completely express the agreement between Lessee and the
Department with respect to the subject matter hereof. No modification,waiver, or amendment of this Agreement or any of its conditions
or provisions shall be binding upon the Department or Lessee unless in writing and signed by both parties.
g. Lessee shall be solely responsible for all bills for electricity, lighting, power, gas,water, telephone, and telegraph
services, or any other utility or service used on the property.
h. This Agreement shall be governed by the laws of the State of Florida, and any applicable laws of the United States of
America.
i. All notices to the Department shall be sent to the address for rent payments and all notices to Lessee shall be sent to the
property address provided herein or otherwise provided in writing to the Department.
j. The parties to this Agreement hereby understand and agree that the venue for any action that may arise as a result of this
Agreement shall be in Leon County, Florida.
k. If Lessee is a"contractor"for the purposes of Section 119.0701, Florida Statutes, Lessee shall comply with public records
laws and specifically shall:
1. Keep and maintain the public records that ordinarily and necessarily would be required to be kept and maintained by
the Department in order to perform the services identified herein.
2. Provide the public with access to those public records on the same terms and conditions that the Department would
provide the records and at a cost that does not exceed the cost provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements
are not disclosed except as authorized by law.
4. Meet all requirements for retaining the public records and transfer, at no cost, to the Department all the public records
in possession of Lessee upon termination of this Agreement and destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. All such public records (if any)stored
electronically must be provided to the Department in a format that is compatible with the information technology
systems of the Department.
If Lessee fails during such times to comply with a public records request,the Department shall enforce this section in
accordance with this Agreement.
Lessee shall otherwise allow public access to all documents, papers, letters or other materials, made or received by Lessee in
connection with this Agreement and the lease of the Demised Premises, to the extent such access is required because such
documents, papers, letters or other materials are subject to the provisions of s.24(a)of the State Constitution or Chapter 119, Florida
Statutes.
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I. Section 287.133(3)(a), Florida Statutes, requires that Lessee be informed of the following provisions of section 287.133
(2)(a), Florida Statues: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as
a contractor,supplier, subcontractor,or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in section 287.017, F.S.,for Category two for a period of thirty-six(36)months
from the date of being placed on the convicted vendor list.
m. The Department shall consider the employment knowingly by Lessee of unauthorized aliens a violation of Section 274(e)
of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement.
n. This Agreement shall not create any third-party beneficiary hereunder, nor shall this Agreement authorize anyone not a
party hereto to maintain a suit against the Department pursuant to the terms of this Agreement.
o. This Agreement shall be binding upon the successors, assigns and legal representatives of Lessee and the Department.
p. All Exhibits attached to this Agreement are made a part hereof as if fully copied herein. All submittals required to be
submitted by Lessee that are approved by the Department are by reference made a part of this Agreement as if fully copied herein.
q. Nothing in this Agreement or in any documents executed pursuant to the terms of this Agreement shall be construed as a
waiver or attempted waiver by the Department of its sovereign immunity in tort under the Constitution and laws of the State of Florida.
r. "RADON GAS: Radon is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your
county health department.
s. Lessee does not qualify for relocation benefits under the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (42 U.S.C. Section 4601 et seq.)
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written.
STATE OF FLORIDA
Monroe County, Florida DEPARTMENT OF TRANSPORTATION
LESSEE (Company Name, if applicable)
By: By:
District Secretary
Name: Name: Daniel Iglesias, P.E District Six Secretary
Title: Attest:
Attest: (Seal) Name/Title:
Name: Legal Review:
Title:
District Counsel
Monroe County Attorney's Office Name: Michelle Garrido, Esq. District Six Attorney
Approved as to legal form and sufficiency:
Digitally signed by aeni-Lee
Jeni-Lee MacLaughIin MacLaugnlin
Date:2026.03.30 1 h:50:5 7-04'40'
Jeni-Lee MacLaughlin
Assistant County Attorney
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ADDENDUM
This is an Addendum to that certain Right of Way Use and Occupancy Agreement between Monroe County, Florida
and the State of Florida Department of Transportation dated the day of
In addition to the provisions contained in said Agreement, the following terms and conditions shall be deemed to be a part thereof
pursuant to Paragraph 9(d)of said Agreement:
STATE OF FLORIDA
Monroe County, Florida DEPARTMENT OF TRANSPORTATION
LESSEE (Company Name, if applicable)
By: By:
District Secretary
Name: Name: Daniel Iglesias, P.E., District Six Secretary
Title: Attest:
Attest: (Seal) Name/Title:
Name: Legal Review:
Title:
District Counsel
Monroe County Attorney's Office Name: Michelle Garrido, Esq. District Six Attorney
Approved as to legal form and sufficiency:
Jeni-Lee MacLaughlin Dig itaIIysigncdbyJcni-LccMacLaughlin
Date:2026.4330 16:51:23-0,V0-'
Jeni-Lee MacLaughlin
Assistant County Attorney
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ADDENDUM TO USE AND OCCUPANCY AGREEMENT
ITEM/SEGMENT NO.: 415230-2
MANAGING DISTRICT: Six
F.A.P. NO.: N/A
STATE ROAD NO.: 5/US1/Overseas Hwy/MM63
COUNTY: Monroe
PARCEL NO.: 4368
THIS ADDENDUM ("Addendum") made effective on (the "Effective
Date") is an Addendum to that certain Use and Occupancy Agreement (the "Agreement)
between the State of Florida Department of Transportation (the "Department" or "Lessor")
and Monroe County, Florida (the "Lessee") (collectively, the "Parties") dated
RECITALS
WHEREAS, the Parties previously entered into a use and occupancy agreement for
Parcel 4368 (the"Leased Property")July 15t", 1992 (the "Prior Use and Occupancy Agreement");
WHEREAS, the Prior Use and Occupancy Agreement expired on July 15, 2022 (the "Prior
Use and Occupancy Expiration"), and was not timely renewed due to delays in negotiations
between the Parties as to the renewal terms of the Prior Use and Occupancy Agreement;
WHEREAS, from the Prior Use and Occupancy Expiration up to the Effective Date,
Lessee has remained in possession of the Leased Property as a month-to-month tenant at will
be pursuant to Section 83.04, Florida Statutes with Lessor's knowledge and approval, and
continued to pay rent in a timely manner through the Effective Date;
WHEREAS, the Parties are hereby entering into the new Agreement, to be executed
contemporaneously with this Addendum, and to be amended and supplemented by this
Addendum, for the purpose of retroactively establishing the terms of the Lessee's possession of
the Leased Property during the holdover period of the Prior Use and Occupancy Expiration
through the Effective Date of this Addendum (which shall also be the effective date of the
Agreement), and to establish a twenty five (25) year lease to commence on the Effective Date;
WHEREAS, the Parties now desire to renew the lease of the Leased Property in
accordance with the terms of the Agreement and this Addendum; and
WHEREAS, in addition to the provisions contained in said Agreement, the terms and
conditions set forth herein shall be deemed to be a part thereof.
NOW THEREFORE, in consideration of the covenants, promises, understandings, and
agreements made by each Party to the other as set forth herein, Lessor and Lessee do hereby
mutually agree as follows:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ADDENDUM TO USE AND OCCUPANCY AGREEMENT
ITEM/SEGMENT NO.: 415230-2
MANAGING DISTRICT: Six
F.A.P. NO.: N/A
STATE ROAD NO.: 5/US1/Overseas Hwy/MM63
COUNTY: Monroe
PARCEL NO.: 4368
AGREEMENT
1. The Recitals set forth above are incorporated into and are made a part hereof.
2. Paragraph 2: Term, is hereby deleted in its entirety and is replaced with the following:
Lessor does hereby lease unto Lessee the Leased Property described in Exhibit "A,"
attached hereto and made a part hereof, for a term beginning on the Effective Date and
ending on April 13, 2050. If Lessee desires to continue leasing the Leased Property,
Lessee shall provide written notice to Lessor at least one hundred eighty (180) days prior
to the Expiration of the Agreement. If Lessor, in its sole discretion, and in accordance with
Lessor's procedures, determines that the Leased Property continues to be available for
lease, a new Use and Occupancy Agreement will be required. The Lessee's failure to
comply with the foregoing 180-day notice provision may result in the Lessor's refusal to
enter into a new Use and Occupancy Agreement.
If Lessee holds over and remains in possession of the Leased Property after the
Expiration specified in this Agreement, Lessee's tenancy shall be considered a tenancy
at sufferance, subject to the same terms and conditions as herein contained in this
Agreement.
This Agreement is subject to all utilities in place and to the maintenance thereof as well
as any other covenants, easements, or restrictions of record.
This Agreement shall be construed as a lease of only the interest, if any, of Lessor, and
no warranty of title shall be deemed to be given herewith.
3. Paragraph 3: Rent is hereby deleted in its entirety and is replaced with the following:
This Lease is for a public purpose, at no consideration. In the event that the Lessee
determines to start utilizing the Leased Property for a commercial end-use producing
income and/or profit, Lessee shall first notify the Lessor of its intent and obtain the
Lessor's written consent prior to changing the use. Lessee's commercial end-use of the
Leased Property will be subject to a rental fee in accordance with the current rental
market, which shall be established, at Lessor's option, by Lessor's valuation staff or by
an appraisal of the Leased Property, provided at Lessee's expense. Lessee shall execute
a new lease, or an amendment to this Lease, providing for the monthly rental fee charged
by Lessor prior to changing the use of the Leased Property.
Page 2 of 7
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ADDENDUM TO USE AND OCCUPANCY AGREEMENT
ITEM/SEGMENT NO.: 415230-2
MANAGING DISTRICT: Six
F.A.P. NO.: N/A
STATE ROAD NO.: 5/US1/Overseas Hwy/MM63
COUNTY: Monroe
PARCEL NO.: 4368
4. Paragraph 4: Use, Occupancy, and Maintenance, is hereby modified as follows:
Subparagraph 4.d. is hereby deleted in its entirety and is replaced with the following:
d. Any change in the authorized use of the Leased Property or revision in the design
described in Exhibit"6" shall require prior written approval from the District Six, District
Secretary, subject to FHWA approval. No improvements (moveable, fixed, temporary,
or otherwise), including, but not limited to, signs or sign structures, shall be placed,
installed, or constructed on the Leased Property without the prior written approval of
the District Secretary for District Six of Lessor, subject to FHWA approval, and subject
to Lessor's regulations and guidelines.
Subparagraph 4.f. is hereby deleted in its entirety and is replaced with the following:
f. During the lease term, Lessee will be responsible for the maintenance of the Leased
Property. Lessee, at Lessee's sole cost and expense, shall maintain the Leased
Property so as to assure that the structures and the area within the highway right-of-
way boundaries will be kept in good condition, both as to safety and appearance. Such
maintenance will be accomplished in a manner so as to cause no unreasonable
interference with the highway use. Lessee shall ensure vertical and horizontal access
to the Department for maintenance purposes. In the event that Lessee fails to maintain
the Leased Property, the Department, through its duly authorized representatives,
employees, and contractors, may enter the facility to perform such work, and the cost
thereof shall be chargeable to the Lessee and shall be immediately due and payable
to the Department upon the performance of such work.
Lessee shall keep the Leased Property in a clean, sanitary, and safe condition in
accordance with all applicable laws, rules, and regulations of government agencies
having jurisdiction. In the event of any damage to the Leased Property, Lessee shall
ensure that the Leased Property is secured in order to avoid injury to third parties, and
Lessee shall immediately coordinate with the Department in order to undertake the
necessary repairs in accordance with the Department's guidelines, when appropriate.
Subparagraph 4.m. is deleted in its entirety and is replaced with the following:
m. Existing utilities and easements upon, under, over, or within the Leased Property shall
remain in place. Lessee shall allow any utility owner to access and enter upon the
Leased Property in order to perform maintenance on said utility. Lessee shall not
Page 3 of 7
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ADDENDUM TO USE AND OCCUPANCY AGREEMENT
ITEM/SEGMENT NO.: 415230-2
MANAGING DISTRICT: Six
F.A.P. NO.: N/A
STATE ROAD NO.: 5/US1/Overseas Hwy/MM63
COUNTY: Monroe
PARCEL NO.: 4368
disturb or interfere with said utilities or easements. If a utility owner which has a utility
that is placed upon, under, over, or within the Leased Property determines, in its sole
discretion, that the Lessee's use of the Leased Property to be interfering in any way
with the convenient, safe, or continuous use, or the maintenance, improvement,
extension, or expansion, of such utility, the Lessee shall, upon reasonable written
notice to Lessee by the Department, initiate any work necessary to cease any activities
interfering with the utility and/or remove any improvements or other personal property
("Obstructions") from the Leased Property at Lessee's sole cost and expense. The
work must be completed within such reasonable time as stated in the notice or such
time as agreed to separately by the utility owner and Lessee.
Notwithstanding the foregoing, in the event of emergency maintenance by a utility
owner, immediately upon notice to Lessee by the Department, the Lessee shall cease
any activities interfering with the utility and/or remove any Obstructions from the
Leased Property at Lessee's sole cost and expense. In the event Lessee fails to do
so, the utility owner may enter the Leased Property and, with no obligation to repair or
replace same, has the right to stop any activities interfering with the utility and/or
remove or demolish any Obstructions on the Leased Property at the sole cost and
expense of Lessee. Lessee shall hold harmless the Department from any claim, loss,
damage, cost, charge, or expense arising out of actions by utility owners under this
subparagraph.
Subparagraph 4.n. is added at the end of Paragraph 4:
n. The Leased Property shall be used only for the proposed use set forth in subparagraph
4.b. of this Agreement. Lessee shall, at its own cost and expense, obtain all licenses,
permits, or other approvals necessary for the proposed use of the Leased Property, if
any. Lessee shall provide the Department with copies of said licenses, permits, or
other approvals upon request of the Department.
Subparagraph 4.o. is added at the end of Paragraph 4:
o. Lessee shall perform, at the sole expense of Lessee, all worked required in the
preparation of the Leased Property for occupancy by Lessee, in the absence of any
special provision herein contained to the contrary; and Lessee does hereby accept the
Leased Property as now being in fit and tenantable condition for all purposes of
Lessee. Lessor reserves the right to inspect the Lease Property and to require
whatever adjustment to structures or improvements as Lessor, in its sole discretion,
deems necessary. Any adjustments shall be done at Lessee's sole cost and expense.
Page 4 of 7
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ADDENDUM TO USE AND OCCUPANCY AGREEMENT
ITEM/SEGMENT NO.: 415230-2
MANAGING DISTRICT: Six
F.A.P. NO.: N/A
STATE ROAD NO.: 5/US1/Overseas Hwy/MM63
COUNTY: Monroe
PARCEL NO.: 4368
5. Paragraph 5: Indemnification, is hereby modified as follows:
Subparagraph 5 is deleted in its entirety and is replaced with the following:
The parties to this Agreement stipulate that each is a state governmental agency as defined
by Florida Statutes and represents to the other that it has purchased suitable Commercial
General Liability, Business Automobile Liability, and Workers' Compensation insurance, or is
self-insured, in amounts adequate to respond to any and all claims within the limitations of
Sections 768.28 and 440, Florida Statutes, arising out of the activities governed by this Agreement.
As between the governmental entity parties to this Agreement each party is responsible for any
negligent acts or omissions on the part of its own employees and agents. The governmental
entity parties to this Agreement stipulate that the Agreement does not contain any provision
that requires one party to indemnify or ensure the other party for the other party's negligence or
to assume any liability for the other party's negligence. The governmental entities are prohibited
from entering into Agreements to indemnify another agency or subdivision of the state for the
other entity's negligence or to assume any liability for the other entity's negligence.
Nothing contained in this Section shall be construed to be a waiver by either party of any
protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar
provision of law. Nothing contained herein shall be construed to be a consent by either party to
be sued by third parties or to be liable to third parties in any matter arising out of this or any other
Agreement.
Notwithstanding anything to the contrary herein, to the extent provided by law, Lessee shall
indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees
from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or
negligent act by Lessee, its officers, agents, or employees, during the performance of the
Agreement, except that neither Lessee, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error,
omission, or negligent act by the Department or any of its officers, agents, or employees during
the performance of the Agreement.
When the Department receives a notice of claim for damages that may have been caused by
Lessee in the performance of services required under this Agreement, the Department will
immediately forward the claim to Lessee. Lessee and the Department will evaluate the claim and
report their findings to each other within fourteen (14) working days and will jointly discuss options
in defending the claim. After reviewing the claim, the Department will determine whether to require
Page 5 of 7
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ADDENDUM TO USE AND OCCUPANCY AGREEMENT
ITEM/SEGMENT NO.: 415230-2
MANAGING DISTRICT: Six
F.A.P. NO.: N/A
STATE ROAD NO.: 5/US1/Overseas Hwy/MM63
COUNTY: Monroe
PARCEL NO.: 4368
the participation of Lessee in the defense of the claim or to require that Lessee defend the
Department in such claim as described in this section. The Department's failure to promptly notify
Lessee of a claim shall not act as a waiver of any right herein to require the participation in or
defense of the claim by Lessee. The Department and Lessee will each pay its own expenses for
the evaluation, settlement negotiations, and trial, if any.
6. Paragraph 9: Miscellaneous, is hereby modified as follows:
Subparagraph 9.a. is deleted in its entirety and is replaced with the following:
a. Lessee shall not sublet the Leased Property or any part thereof, nor assign this
Agreement, without the prior consent in writing of the Lessor, whose consent shall not
be unreasonably delayed or withheld, and subject to concurrence by FHWA. This
Agreement is being executed by Lessor upon the credit and reputation of Lessee.
Acceptance by Lessor of rental from a third party shall not be considered as an
assignment or sublease, nor shall it be deemed as constituting consent of Lessor to
such an assignment or sublease. Lessee shall not allow any liens or other
encumbrances to attach to the Leased Property.
Subparagraph 91 is added at the end of Paragraph 9:
t. Neither the Lessor nor the Lessee shall record the Agreement or this Addendum in the
Public Records.
7. Except as modified in this Addendum, all other terms and conditions of the Agreement
remain unchanged and are hereby confirmed and ratified by the Lessee and the Lessor.
Where the terms of this Addendum conflict with the definitions, provisions or terms of the
Agreement, this Addendum shall control.
[REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK. SIGNATURES FOLLOW.]
Page 6 of 7
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
ADDENDUM TO USE AND OCCUPANCY AGREEMENT
ITEM/SEGMENT NO.: 415230-2
MANAGING DISTRICT: Six
F.A.P. NO.: N/A
STATE ROAD NO.: 5/US1/Overseas Hwy/MM63
COUNTY: Monroe
PARCEL NO.: 4368
IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed,
the day and year first above written.
On behalf of Lessee On behalf of Lessor
MON ROE COUNTY, FLORIDA STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION
By: By:
District Secretary
Name: Name: Daniel Iglesias, P.E.
Title: Attest:
Name/Title:
Attest: Legal Review:
Name:
Title: Name: Michelle Garrido, Esq.
Senior Attorney
Monroe County Attorn ey's Office
Approved as to legal form and sufficiency:
Jen I-Lee MacLaughlin Digitally signed by Jeni-Lee Madaughlin
Date:2026.03.30 1 G.51.51-04'00'
Jeni-Lee MacLaughlin
Assistant County Attorney
Page 7 of 7
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CERTIFICATE OF COVERAGE
Certificate Holder Administrator Issue Date: 3/19/2026
Florida Department of Transportation & Federal Highway Florida League of Cities,Inc.
Administration Department of Insurance Services
1000 NW 1 11 th Ave P.O. Box 538135
Orlando, Florida 32853-8135
Miami, Florida 33172
COVERAGES
THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE COVERAGE AFFORDED BY THE
AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT.
COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST
AGREEMENT NUMBER: FMIT 0386 COVERAGE PERIOD: FROM 10/01/25 COVERAGE PERIOD:TO 10/01/26 12:01 AM STANDARD TIME
TYPE OF COVERAGE-LIABILITY TYPE OF COVERAGE-PROPERTY
General Liability ❑ Buildings ❑ Miscellaneous
E Comprehensive General Liability,Bodily Injury,Property Damage and ❑ Basic Form ❑ Inland Marine
Personal Injury ❑ Special Form ® Electronic Data Processing
E Errors and Omissions Liability ❑ Personal Property ❑ Bond
E Supplemental Employment Practice ❑ Basic Form
E Employee Benefits Program Administration Liability ❑ Special Form
E Medical Attendants'/Medical Directors'Malpractice Liability ❑ Agreed Amount
E Broad Form Property Damage ® Deductible $500,000
❑ Law Enforcement Liability ❑ Coinsurance N/A
® Underground,Explosion&Collapse Hazard ❑ Blanket
❑ Specific
Limits of Liability
*Combined Single Limit ❑ Replacement Cost
Deductible Self-Insured Retention$200,000 ❑ Actual Cash Value
Automobile Liability Limits of Liability on File with Administrator
® All owned Autos(Private Passenger)
® All owned Autos(Other than Private Passenger) TYPE OF COVERAGE-WORKERS'COMPENSATION
® Hired Autos
® Statutory Workers'Compensation
® Non-Owned Autos
® Employers Liability $1,000,000 Each Accident
$1,000,000 By Disease
Limits of Liability $1,000,000 Aggregate By Disease
**Combined Single Limit
Deductible Self-Insured Retention$200,000 ❑ Deductible N/A
® Self Insured Retention:$500,000
Automobile/Equipment—Deductible
EPhysical Damage Collision-Auto:$1,000.00 Comprehensive-Auto:$1,000.00 Miscellaneous Equipment:N/A
Other
*The limit of liability is$5,000,000(combined single limit)bodily injury and/or property damage each occurrence in excess of a self-insured retention of$200,000/
100,000. This limit is solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(5)Florida Statutes or liability/settlement for which no
claims bill has been filed or liability imposed pursuant to Federal Law or actions outside the State of Florida.
**The limit of liability is$5,000,000(combined single limit)bodily injury and/or property damage each occurrence in excess of a self-insured retention of
$200,000. This limit is solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(5)Florida Statutes or liability/settlement for which no
claims bill has been filed or liability imposed pursuant to Federal Law or actions outside the State of Florida.
*The limit of liability is$200,000 Bodily Injury and/or Property Damage per person or$300,000 Bodily Injury and/or Property Damage per occurrence.These
specific limits of liability are increased to$5,000,000 for General Liability(combined single limit)per occurrence,solely for any liability resulting from entry of a
claims bill pursuant to Section 768.28(5)Florida Statutes or liability/settlement for which no claims bill has been filed or liability imposed pursuant to Federal Law
or actions outside the State of Florida.
**The limit of liability is$200,000 Bodily Injury and/or Property Damage per person or$300,000 Bodily Injury and/or Property Damage per occurrence.These
specific limits of liability are increased to$5,000,000 for Automobile Liability(combined single limit)per occurrence,solely for any liability resulting from entry of a
claims bill pursuant to Section 768.28(5)Florida Statutes or liability/settlement for which no claims bill has been filed or liability imposed pursuant to Federal Law
or actions outside the State of Florida.
The certificate holder is hereby added as an additional insured,except for Workers'Compensation and Employers Liability,as respects the member's liability for
the above described event.
Description of Operations/Locations/Vehicles/Special Items
Re:Verification of coverage: 10 S Conch Ave Lease
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER
THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE.
DESIGNATED MEMBER CANCELLATIONS
SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE,BUT FAILURE TO MAIL SUCH
Monroe County Board of County Commissioners NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PROGRAM,ITS
AGENTS OR REPRESENTATIVES.
1111 12th Street Suite 408
Key West, Florida 33040
AUTHORIZED REPRESENTATIVE
FMIT-CERT(10/96)