Resolution 166-1988Monroe County Commission
RESOLUTION NO. 166-1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD
TO EXECUTE A MEMORANDUM OF AGREEMENT BY AND
BETWEEN ORGANIZED FISHERMEN OF FLORIDA (UPPER
KEYS CHAPTER) AND MONROE COUNTY CONCERNING
STORAGE OF LOBSTER AND STONECRAB TRAPS ON
DEPARTMENT OF TRANSPORTATION RIGHTS -OF -WAY.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Board hereby authorizes the
Mayor/Chairman of the Board to execute a Memorandum of Agreement
by and between Organized Fishermen of Florida (Upper Keys
Chapter) and Monroe County, a copy of same being attached hereto,
concerning storage of lobster and stonecrab traps on Department
of Transportation rights -of -way.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 5th day of April, A.D. 1988.
(Seal)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor airman
Attest :D ANNY 1, y._L.,1-1AC-117,, Clerk
Clerk
MEMORANDUM OF AGREEMENT
THIS AGREEMENT made and entered into this r day of
1988, by and between ORGANIZED FISHERMEN OF
lk
FLORIDA, Upper, ap er, hereinafter referred to as "OFF" and
MONROE COUNTY, through resolution of its Board of County Commis-
sioners, hereinafter referred to as the "COUNTY":
W I T N E S S E T H:
WHEREAS, the COUNTY has determined that the lobster and
stonecrab industries are of vital economic importance to the
COUNTY and the State of Florida; and
WHEREAS, lobster and stonecrab traps are being stored on
rights -of -way that the Department of Transportation ("DEPART-
MENT") has legal right, title and interest; and
WHEREAS, the DEPARTMENT and the COUNTY agree that it would
be in the best interest of the general public to enter into a
joint agreement to deal with the unpermitted storage of lobster
and stonecrab traps within the DEPARTMENT's right-of-way; and
WHEREAS, the DEPARTMENT and the COUNTY agree that the
economic impacts of total trap removal from the DEPARTMENT's
right-of-way will be reduced by providing area(s) suitable for
storage of lobster and stonecrab traps; now, therefore,
IN CONSIDERATION of the premises and covenants contained
herein, the parties agree as follows:
1. In exchange for the COUNTY's granting and assigning to
OFF the use rights to certain area(s) of real property as iden-
tified hereinafter and referred to as the "AREA", OFF will assist
the COUNTY and the DEPARTMENT in its efforts to enforce Section
337.406 of the Florida Statutes, and agrees to act in accordance
with all federal, state and local law.
2. OFF will accept assignment of use rights of AREA(S)
listed and identified in Attachment"A" and made a part hereof,
subject to prior lease, if any, for the purpose of storage and
repair of lobster and stonecrab traps only and will act as
administrator of the day-to-day operations of the AREA(S).
3. OFF may sublet or assign smaller parcels of the AREA(S)
to individual fishermen within each AREA. OFF will accept the
AREA(S) in"as is" condition and all improvements by OFF or its
lessees or assigns must be approved by the COUNTY and the DEPART-
MENT. OFF shall use as a standard for subletting or assignment
the previous historical usage of the AREA by identified individu-
als.
4. Perimeter boundaries of each AREA described in Attach-
ment "A" will be delineated by a recognizable boundary approved
by the DEPARTMENT.
5. OFF shall manage or may contract the management of the
AREA(S) with prior written permission from the COUNTY. Leases to
individual fishermen shall be granted in a nondiscriminatory
manner. All lessees shall hold a lobster or stonecrab fishing
license with a current lobster and/or stonecrab number issued by
the State of Florida Department of Natural Resources. It is
specifically agreed by the COUNTY and OFF that any fees or other
charges assessed shall be for the management, operations, in-
spection and maintenance of the AREA(S) and shall not be for the
purpose of making profit.
6. OFF shall maintain the AREA(S) in a clean, safe, and
sanitary condition in conformity with local, county, and state
laws, and shall permit no unlawful acts or practices to be
committed on them. The AREA(S) are to be mowed and trash
disposed of at a minimum of once per month for the duration of
this Agreement. Traps shall be neatly stacked in rows and no
more than five (5) high. Building of traps is specifically
prohibited, but repairs to traps will be permitted on the prem-
ises. It is specifically prohibited to spray, brush, dip or
apply in any manner any preservative or water proofing materials
to said traps within the AREA(S) or at any other location within
2
the DEPARTMENT's right-of-way.
7. All operations associated with the storage of traps
(repair, etc.) will be performed within the designated AREA(S).
8. OFF or its lessees or assigns shall make no alteration
or improvements to the AREA(S) without first obtaining the
written consent of the DEPARTMENT and the COUNTY.
9. Upon the termination of this Agreement, OFF shalt quit
and surrender use of the AREA(S) quiet and peaceably in as good
order and condition as the same were at the commencement of this
Agreement, reasonable wear, tear and damage by the elements
excepted.
10. OFF shall indemnify, defend, and hold harmless and
release the COUNTY from any and all suits, actions, administra-
tive proceedings, claims damages, fines, costs, and expenses
arising from or associated with any act, omission, fault or
negligent incident to the exercise of rights granted to the OFF
or any of its lessees under this Agreement.
11. OFF shall secure and keep in full force and effect
throughout the term of this Agreement, or any extension of it, at
the OFF's own costs and expense, comprehensive public liability
insurance, and property damage insurance coverage acceptable to
the COUNTY covering the property and all operations in connection
therewith. Proof of said insurance shall be provided to the
COUNTY upon execution of this Agreement.
12. The DEPARTMENT and COUNTY and all their designated
representatives including, but not limited to, utility company
workers, shall be allowed free access to the premises.
13. Unless an emergency situation should arise that would
require immediate cancellation of the Agreement between the
COUNTY and the DEPARTMENT, the COUNTY agrees to provide 120 days
notification of cancellation of this Agreement should the public
convenience require same. If the OFF fails to vacate and surren-
der the AREA(S), the COUNTY shall have the right to petition the
court for a Writ of Assistance without notice to OFF or its
3
lessees. In such case, OFF will quit and surrender the AREA(S)
immediately in as good a condition as reasonable use and wear and
tear will permit.
14. OFF will allow the DEPARTMENT and the COUNTY access to
the AREA(S) for the purposes of inspection to determine conformi-
ty with this Agreement.
15. No animals shall be kept in the AREA(S) without the
express permission of the DEPARTMENT and the COUNTY.
16. OFF agrees to promptly pay for water and sewer, gar-
bage, gas, electricity, where appropriate, applicable and neces-
sary.
17. OFF will pay all costs and reasonable attorney's fees
incurred by the COUNTY in the enforcement of any provision of
this Agreement, including, but not limited to, OFF's failure to
vacate and surrender the described AREA(S) at the date required
by this Agreement.
18. OFF agrees that failure of OFF to comply with any terms
and conditions of this Agreement shall constitute a breach of
this Agreement.
19. All terms of this Agreement shall be applicable to any
of OFF's lessees or assigns. Each party agrees that it shall use
its best effort to fulfill its obligations in a timely manner and
each will cooperate with the other in these activities.
20. OFF agrees to permit the COUNTY's and the DEPARTMENT's
auditors to inspect the books, records and accounts related to
the management of the AREA(S) and the administration of this
Agreement. These records shall be made available for inspection
within five (5) working days upon receipt of a written request
from the COUNTY or the DEPARTMENT.
21. It is herein acknowledged by OFF that the term of this
Agreement is for an indefinite period of time. It is further
acknowledged that the COUNTY may terminate this Agreement at any
time by providing 120 days notification of cancellation of this
Agreement should the public convenience require the same.
IN WITNESS WHEREOF, the parties hereto set their hands and
4
official seals the day and year first above written.
(SEAL)
Attest: DANNY L. I ' �TTl"
(SEAL)
Attest:
NOTARY PUBLIC STATE Of FLOIDA
NY COMMISSION EXP. SEPT 8,1990
BONDED TNRU GENERAL INS. UNO.
BL/jh
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
'MayorrChairman
ORGANIZED FISHERMEN OF FLORIDA
By 'Wt. `M0&t- - - Qom.
5
AWTAC12 M •A"
Areas shown on right-of-way map are approximate. Exact locations to be
determined by field review. Areas can be added if agreed to by Florida
Department of Transportation and Monroe County. Areas can be deleted by
Monroe County or the Florida Deportment of Transportation.
Area 1: West End Bahia Honda Bridge - M.M. 35.0 to 35.2 (oceanside)
Sta. to 8 as sham on r/w W 900038-2510,
sheet 49, approximately 175' x 900'
Area 2• West End Toms Harbor Channel Bridge - M.M. 60.5 (oceanside)
Fran Sta. 72 00 to 723+00 as shown on r/w map 90050, sheet 8
of 28, approximately 40' x 3001.
Area 3: West End Tans Harbor Cut - M.M. 61.5 (oceanside)
Frcm Sta.-76+00 to as shown on r map 9W50, sheet 9 of
28, approximately 5Q' x 2001.
Area 4: Between Tams Harbor Cut and Whlkers Island - M.M. 61.8
oceans
From Sta-93+00 to 99+00 as shcmn on r/w map 90050, sheet 10
of 28, approximately 35' x 6001.
Area 5: Conch Rey - M.M. 62.8 to 63.1 (oceanside)
From Sta. 3 7+00 to 165+00 as shown on r/w map 90050, sheet 12
of 28, approximately 50' x 1800'.
Area 6: Conch Rey - M.M. 62.9 (22lfside)
Frcm Sta. 151to 152+50 as shown on r/w map 90050, sheet
12 of 28, approximately 85' x 1251.
Area 7: Conch Rey - M.M. 62.9 to 63.1 (gulfside)
From Sta. 4+ 0 to 163+00 as shown on r/w mop 90050, sheet 12
of 28, approximately 30' - 100' wide by 900' long.
Area 8• West End Teatable Channel Bridge - M.M. 79.0 (gulfnide)
From Sta. 0 to i 0 as shown on r map- 0OW, sit 14
of 28, approximately 40' x 3001.
Area 9: East End Teatable Channel Bridge - M.-M. 79.2 to 79.3
Sta. 321WO to 327+00 as shown on r/w map 90060, sheet 14 of
32, approximately 60' x 600'.
Area 10: Dower Matecumbe between Palm Drive and Fltite I4arlin
Boulevard - M.M. 74.2 to 7 gu s
Sta. 47+00 to 7+ 0 as shown on r map 90060, sheets 4 i 5 of
32, approximately 40' x 1,0501.
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