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Resolution 264-1991 , " . ./ \-...-....--- 'Planning Department RESOLUTION NO. 264-1991 0 I'- 0::: t;:? 0 <:..) 0- l.l.J c:: 0:: ('\") N 0 L':l u.. ::::J Cl ~ W .....J - 0'\ L.I... . A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING COUNTY STAFF TO COM- PLETE, AND GRANTING THE MAYOR AUTHORIZATION TO. E~ECUTE, A NOMINAL FEE LEASE AGREEMENT WITH.THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE COUNTY'S USE FOR PARK PURPOSES, OF LAND OWNED BY THE DEPARTMENT OF TRANSPORTA- TION AND PRESENTLY PART OF THE U.S. HIGHWAY 1.. RIGHT-OF-WAY ON LOWER MATECUMBE KEY; SUB- JECT~TO FINAL DEPARTMENT OF TRANSPORTATION Ap.PR~AL. GENERALLY DESCRIBED AS BEING IN THE NYf-'1.fi.i4 OF SECTION 29 AND EXTENDING TO THE NE' 1/4 OF SECTION 30, TOWNSHIP 64 SOUTH, RANGE 36 EAST IN LOWER MATECUMBE KEY, MONROE COUNTY, FLORIDA, AND COMMONLY REFERRED TO AS CALOOSA COVE OR MATECUMBE BEACH, AT MILE MARKER 73, OCEANSIDE. WHEREAS, on August 30, 1989, the Monroe County Board of Com- missioners adopted Resolution No. 510-1989 authorizing the execu- tion of a lease agreement between Monroe County and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida concerning real property being part of, and adjacent to, property proposed as part of the Caloosa Cove park project; and WHEREAS, on September 12, 1990, the Monroe County Board of Commissioners adopted Resolution No. 368-1990 accepting a grant agreement from the Florida Recreation Development Assistance Program (FRDAP) of the Department of Natural Resources. The grant agreement awarded $120,000 in State funds to Monroe County and committed $60,000 in County funds for the Caloosa Cove park project, also known as Matecumbe Beach, and stipulated a comple- tion date of November 1, 1991; and WHEREAS, the property leased by Monroe County from the Board of Trustees of the Internal Improvement Trust Fund is insuffi- cient to administer the FRDAP grant for the site and is effective- ly unusable for park purposes, and said grant was awarded and accepted based upon an unfortunate and unintended misunderstand- ing of 1) the boundaries specified in the adopted lease agreement of August 30, 1989; and 2) the boundaries of the proposed park covered by the grant agreement; and Page 1 MATBERES.01A/TXTFERRI Initials WHEREAS, the land intended to be improved under the said grant is now required to be put under the control of Monroe Coun- ty in order to properly develop the proposed park and administer the said grant; and WHEREAS, the land required to develop the proposed park is currently owned by the Florida Department of Transportation and is part of the u.S. Highway 1 right-of-way, and the Florida De- partment of Transportation has indicated a willingness to enter into a long-term, nominal fee lease agreement with Monroe County concerning the land in question; and NOW WHEREAS, in order to correct the previous misunderstand- ing with regard to the Monroe County controlled property bounda- ries, and in order to provide an attractive beach as a public park for residents and visitors to Monroe County, and to facili- tate the administration of the FRDAP grant to develop this park, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows:- 1) the County Staff is hereby authorized to complete a nominal fee lease agreement with the Florida Department of Transportation for the County's use of land owned by the Department of Transportation and presently part of u.S. Highway 1 right-of-way at Mile Marker 73, Oceanside, on Lower Matecumbe Key, for the specific and sole purpose of developing a park; and 2) the Mayor of the County is hereby authorized to execute the nominal fee lease agreement upon its completion; and 3) tne lease agreement shall go into effect upon its pas- sage, adoption, and final execution by all parties under the agreement; and 4) the Clerk of the Board is hereby directed to forward a certified copy of this Resolution to the Monroe County Planning Department. Page 2 MATBERES.01AjTXTFERRI Initials PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 7th day of August , 1991 Mayor Harvey Mayor Pro Tern London Commissioner Cheal Commissioner Jones Commissioner Stormont Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY ~. . n~_ ~ . ~.aJ "'n" h1..~_.. -~ .:- ~ \ Mayor/Chairman (SEAL) ATTEST: DANNY L. KOHLAGE, CLERK BY: ~-f ~.JJ.e. epu Cler APPROVeD A~ Tf") FORM ~~?::Z~~ J.\-~..J Dats<R'-; -9/ Page 3 MATBERES.01A/TXTFERRI Initials W.P.I No. Section/Job No.: F.A.P. No. County Parcel No. 90050-2517 (2516) 5 (US #1 Bayside) Monroe 0020 LEASE AGREEMENT THIS AGREEMENT, made this __ day of , 1991 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the LESSOR, and hereinafter called the LESSEE. WIT N E SSE T H In consideration of One Dollar ($1.00) and other good and valuable consideration the Parties agree as follows: 1. Lessor does hereby lease unto Lessee the lands described in Exhibit "A", attached hereto and made a part hereof, for a period of Five (5) years beginning with the date of this agreement. The term of this Agreement shall be automatically reviewed and extended for an additional five (5) year period. 2. The leased land shall be used solely for recreational purposes, and vehicle parking. If the land is used for any other purpose, the Lessor shall have the option of immediately terminating this agreement. However, before termination, the Lessor shall give the Lessee written notice as to any violation, and if same is not cured to the satisfaction of the Lessor within thirty (30) days after such notice, then such termination shall be binding and effective. 3. This agreement may be terminated by either party upon thirty (30) days written notice to the other party. 4. No structures or improvements of any kind except specifically provided herein shall be placed upon the land without prior approval in writing by the district Secretary of Lessor. All permi tted structures or improvements of the Lessee shall be removed by the Lessee at its expense within sixty (60) days of termination of this Agreement and the land restored as nearly as practical to its present condition. It is specifically understood and agreed that Lessor shall have no obligation to financially assist Lessee in improving the leased land or in removing and improvement from the leased land at the termination of this agreement. 5. Lessee further specifically agrees that it will not seek or accept any type of funding for financing improvements to the leased area which will interfere with Lessor's ability to recover or use said land at termination of this agreement. 6. Any structures or improvements made upon the land shall be located solely within the leased area and shall not encroach into the highway right of way. The typical section identified as Exhibit "B" and made a part of this agreement, shall be followed in placing any structures or improvements on the land. 7. Sanitation facilities may be placed on the leased area for the convenience of the public. All plans for septic tank or other appropriate sanitation system shall be reviewed and approved by the Lessor's environmental section prior to installation after all necessary permits are obtained from any and all regulatory agencies. 8. The design and placement of driveway entrances shall be submitted to and approved by Lessor prior to installation. 9. Commercial advertising signs are prohibited. Directional signs indicating entrances, exits, etc. are permitted. Such signs must be designed and installed to meet applicable standards of the Florida Department of Transportation. Such signs may be illuminated if permitted by local or county sign codes. 10. Lessee shall not sublet or make any assignment, written or verbal, of this Lease Agreement except with the prior written approval of the District Secretary of the Florida Department of Transportation, his designee or successor. 11. Lessee shall indemnify, defend, save and hold harmless Lessor from any damage, claims, demands, suits and liabilities of any nature arising out of, because of, or due to any accident happening or occurrence on the leased land. 12. The Lessor reserves the right to enter and inspect the leased area and to require whatever adjustment to structures or improvements as deemed necessary. 13. The Lessee will use and occupy said premises in a careful and proper manner, and not commit any waste thereon, nor allow the storage of any hazarous or flammable material on the leased area. The Lessee will not use or occupy said premises for any unlawful purpose and will conform to and obey any present or future ordinances and/or rules, regulations, requirements and orders of governmental authorities or agencies respecting and use and occupation of said premises. The Lessee agrees that he will prohibit overnight camping, and sleeping and cooking in vehicles parked in the leased area. 14. Lessee is responsible for securing all necessary permits and licenses, including but not limited to environmental, drainage, grading and paving permits, from all municipal, county, state, or federal agencies, including the Florida Department of Transportation, having jurisdiction. 15. All improvements made to the leased area shall be accomplished in accordance with a plan approved by the District Secretary of Lessor, his designee or sucessor. 16. Lessor shall have the right to enter the leased premises during normal business hours for the purpose of performing maintenance on its facilities and structures. 17. If Lessee installs a locking gate or barrier, or other means of restricting access to the leased area, a duplicate set of keys will be provided to Lessor for emergency access purposes. 18. This lease is subject to all utilities in place and in use and to the maintenance hereof. 19. Lessee shall maintain the demised area at his expense. IN WITNESS WHEREOF, the parties hereto have caused these present to be executed, the day and year first above written. MONROE COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: BY: District Secretary District Six ATTEST: ATTEST: Executive Secretary /: APPROVED AS TO FORM t- AND LJPAL E:JF:={C:ENCY.~,I By ~-P~.1T 7f~ ~ l . ..../J v. / J ", Oats "7': 29- 9! SCHEDULE n A n SECTION/JOB NO.: 90050-2517(2516) PARCEL NO.: 0020 A tract of land situated on Lower Matecumbe Key, in the County of Monroe and State of Florida and known as being a part of Section 29, Township 64 South, Range 36 East and further known as being a part of those lands lying southeasterly of the centerline of State Road Number 5 (U.S. - 1) right-of-way, as shown on Florida State Right-of-Way Map for section 90050, southwesterly of Tract "A" Lower Matecumbe Beach, according to Plat Book 3, Page 34, of the Official Records of Monroe County, northeasterly and adjacent to the West line of said section 36 and being northwesterly of the Straits of Florida (a.k.a. Atlantic Ocean) and also including a part of those lands as described in Official Records Book 1091, Page 2445, Monroe County Public Records and being more particularly described as follows: COMMENCE at the most westerly corner of Tract "A" of Lower Matecumbe Beach, according to the plat thereof as recorded in Plat Book 3, at Page 34, of the Public Records of Monroe County, Florida, said point being 50.00 feet southeasterly of station 724- 00 of the Baseline of said Right-of-Way Map; and the POINT OF BEGINNING of the parcel of land and water herein intended to be described; from said Point of Beginning bear South 33 degrees, 26 minutes, 01 seconds East, along the southwesterly line of said Tract "A" 150.00 feet, to the southeasterly right-of-way line of said U.S. Highway No.1; thence bear South 56 degrees, 33 minutes, 59 seconds West, along said southeasterly right-of-way line 2,747.67 feet more or less, to the West line of said Section 29, Township 64 South, Range 36 East according to said Right-of-Way Map - Section 90050; thence bear North 00 degrees, 10 minutes, 51 seconds West, along said West line of section 29, according to said Right-of-Way Map - Section 90050, 131.54 feet to a point which is 90.00 feet, measured at right angles southeasterly from the baseline of survey as shown on said Right-of-Way Map, thence bear North 53 degrees , 49 minutes, 57 seconds East 838.56 feet to a point which is 50.00 feet, measured at right angles southeasterly from said baseline of survey, thence bear North 56 degrees, 33 minutes, 59 seconds East along said line 50 feet southeasterly and parallel 1,172.94 feet; thence bear North 33 degrees, 26 minutes, 01 seconds West 5.00 feet to a point which is 45.00 feet, measured at right angles southeasterly from said base line of survey; thence bear North 56 degrees, 33 minutes 59 seconds East along said line Schedule "A" section/Job No.: 90050-2517 (2516) Parcel 0020 45.00 feet southeasterly and parallel with said baseline of survey 80.00 feet: thence bear South 33 degrees, 26 minutes, 01 seconds East, 5.00 feet to a point which is 50.00 feet, measured at right angles, southeasterly from said base line of survey: thence bear North 56 degrees, 33 minutes, 59 seconds East along said line 50.00 feet southeasterly and parallel to said base line 585.0 feet more or less to the Point of Beginning, containing 8.93 acres of land and water of the straits of Florida. -~"_,r,-,:H '._.. .,.;.,.,.."",c~:..:~;:~". 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