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07/19/2006 Agreement CI8Itl oIlhe Circul coun Danny L. Kolhage Office (305) 295.3130 Fax (305) 295-3663 Memnrandum To: David S. Koppel, County Engineer Attn: Ann Riger Isabel C. DeSantis, Deputy Clerk ~ Friday, September 15, 2006 From: Date: At the BOCC meeting on July 19, 2006, the Board granted approval of the following item: Vegetative Waste and Hurricane Debris Lease Agreement between Monroe County and Rudolph Krause to lease property on Ramrod Key for use as a temporary hurricane debris site, as needed. Enclosed please find a fully executed duplicate original for your handling. Should you have any questions concerning this matter, please do not hesitate to contact this office. Copies: Finance County Attorney File 1 tn D 0 cr:: ., 0 - L) x: Ld c:: 0- c::-" tn c v." 0- c::, W ~. i :.::: 1.1- VEGETATIVE WASTE AND HURRICANE DEBRIS LEASE AGREEMENT This Agreement is entered into this _1.9..t.h day of __.:t\!J.Y._____, 2006, by and between Rudolph Krause, whose address is 2_ti;25_l_~,-1;.gt.~LB.9_qg__4.L._.Ra.=cLKey" FIhereafter 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: The County, or it contractors, shall deliver hurricane debris to the L~ssor's land site located at Mile Marker 27, 26351 Old State Road 4A, \d ltimrod Key, C) u... <>-le.gal description: Section31 Township 66 Range 29 Ramrod Key Pt Lot 1, "'1" 4~# 00114150-000000), for storage, if needed, due to a hurricane or j'd&ster. Third parties authorized by the Lessee may also deliver ::J,'" ~~etative waste and hurricane debris to the land site. 4: Uil9n execution of this lease, the Lessee must pay Lessor $100.00 in C\olfsideration 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 for the period of time that debris is stored on the site. 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 ionger 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 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. July 19, 2006 to 6. The term of this agreement Is from .Illne.....3il..________, 200_1 and shall c:ontinue 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 (n 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. ~~~~--~------------ Witness Witness . Cf I/I! of- By: /-} 0 // --A---=-'----.J\ ~-- Owner/Representative (:J1 () ':)0 dJvtJ _.J_~________________________ -.."..... .: ,,',:';-~ (S~illy< ....~\:. ~tWtj~~: N .....:~. Y L. KOLHAGE, CLERK I I 'l~Al"1 ! i~.'''''- I" . I \1 -',:-~-,t::,;l BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M '" ~Q.&JJ ~ -- -----------------~----- By: {\ \\ -------------~-~-------------- Deputy Clerk MONROE COUNTY ATTORNEY ~rROVED ~S T~f.9RM . _ I .... V/, / .f : - ~-'f- It- (;/.'.2..{J<...../ I NA IlEEN!1 W CAS El tSSISTA/~ITc::';J;NT.. Y ATTORNEv Dafe_ I) 2, .(.!(.- . . / Mayor /Chairman MONROE COUNTY ATTORNEY P~R VEO AS ~RM: NATILEENE W. CASSEL ASSISTANT COUNTV ATTORNEv Date f - }-o(.. .~ Cl..a../ -Iv {'Ii6: 1< J' ,.,..