11/19/2003 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 18, 2004
TO:
Carol Cobb, Executive Assistant
Solid Waste Management Division
Pamela G. Han~
Deputy Clerk
FROM'
At the November 19,2003, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of a Vegetative Waste and Hurricane Debris Lease Agreement
between Monroe County and Michael X. Bergin for the purpose of temporary storage of disaster
debris.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Administrator wlo document
Public Safety wlo document
County Attorney
Finance
File ..;
VEGETATIVE WASTE AND HURRICANE DEBRIS LEASE AGREEMENT
This Agreement is entered into this _!9tb_ day of _BDY.emb.e.r..__, 2003._, by and between
_!!5.!'-=:1-_!:_~=E!!E-_________, whose address is 2.J.1LL_.5hnr..e .D.tiY..e- ~lnmnPT] ..nil ~.E.L
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 __~-i,
legal description J..9J:_l1...L.Ji~.diuul..Key-.E~tate4RE# -.00.2006.1--0-______), 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. 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 any and
all 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.
6. the term of this agreement is from _!i2..!~.!!l.!>~.!_1.2_______, 200_~ 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.
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By. ---~- _ -- l1Z"~~-----
Owner /Representalive
NY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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