Backup Documents 12/16/2008 Item #16D 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIa 6 D 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Otl1ce. The completed routing slip and original
documents are to be forwarded to the Board OOice on]y.!!f!!! the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures. dates, and/or infomlation needed, If the document is already complete with the
excention of the Chainnan's signature, draw a line Ihrouoh routing lines # I throuJ!h #4, comolete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order) --
l.
2_
3.
4. Colleen Green Assistant County Attorney
5. Sue Filson Budget Office
- -
6. Minutes and Records Clerk of Court's Office {/
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approvaL Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees abow, including Sue Filson. need to contact stafT lor additional or missing
information, All original documents needing the Bce Chairman \ signature arc [0 he delivered to the Bec oftiGe only after the Bee has acted to approve the
item.)
Name of Primary Statf -~. ,. Phone Number
Contact - .' ,.
Agenda Date Item was Agenda Item Number / (p Tl_
Aooroved bv the BCC <:"2 ,
.. . '--' ,
Type of Document Number of Original d
'--J.
Attached .' . J " Documents Attached /
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A'" in the Not Applicable column. whichever is
a ro riate.
Original document has been signed/initialed for legal sutficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements. etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl' State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of Bee approval of the
document or the final ne Jotiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the Bec office within 24 hours of Bce approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the Bee on (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chao es, if a IicabIe.
Yes
(Initial)
N/A (Not
Ap licable)
2.
3.
4.
5.
6.
I: FomlS/ County Forms/ BCC Forms/ Original Documents Routing Slip W\\'S Original 9.03,04, Revised 1,26.05. R\Cvised 2.24,05
16D 1
MEMORANDUM
Date:
January 5,2009
To:
Gail Hambright
Tourist Tax Coordinator
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Use Agreement
Attached, find please find four (4) copies of the document as referenced above,
(Agenda Item #16Dl), adopted by the Board of County Commissioners on
Tuesday, December 16,2008.
Please forward the fully executed original back
to the Minutes and Records Department for the
Boards Official Records
If you have any questions, please call 252-7240.
Thank you,
Enclousers
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Florida Department of
Environmental Protection
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
October 31, 2008
Collier County, Florida
Attn: Mr. Gary McAlpin
3300 Santa Barbara Blvd.
Naples, Florida 34116
RECEIVED
OCT / 3 2008
COASTAL ZONE
MANAGEMENT
RE: Use Agreement No.U-0344
Wiggins Pass Inlet Maintenance Dredging
Dear Mr. McAlpm:
Enclosed are four (4) original use agreements that require acceptance by notarized sIgnature by
the appropriate party (two witnesses required). Pursuant to Chapter 695, Florida Statutes, the name of
the person executing the instruments, the two witnesses, and the notary public must be legibly printed or
typewritten directly below that person's sIgnature.
Please have the enclosed use agreements executed and return all originals to my attention at the
letterhead address above, Mail Station 130. Upon receipt and acceptance, we will transmit the use
agreements for final departmental execution and a fully executed copy will be provided to you for your
records.
Thank you for your assistance. If you have any questions, feel free to give me a call at (850) 245-2720,
extension 4752 or e-mail me at david.fewelllaidep.state.fl.us.
Sincerely,
~~c:J-?~
David Fewell
Land Acquisition Agent
Bureau of Public Land Administration
Division of State Lands
dlf/Enclosures (Instrument)
#14331
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16D 1
OAU1
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA
USE AGREEMENT
Use Agreement No. U-0344
I -/+,
THIS USE AGREEMENT is hereby granted this ft> day of
~Dt"c_cvY\be.r
20~, by the BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, hereinafter referred
to as the "GRANTOR", through its lawfully designated agent, the
DIVISION OF STATE LANDS, State of Florida Department of Environmental
Protection to COLLIER COUNTY, FLORIDA, hereinafter referred to as
II GRANTEE " .
WHEREAS, the GRANTEE desires to enter and use state-owned uplands
to dredge Wiggins Pass.
WITNESSETH:
That for the faithful and timely performance of and compliance
with the terms and conditions stated herein, GRANTOR does hereby grant
to GRANTEE, a use agreement on state-owned lands described below, to
wit:
(See Attached Exhibit "A")
subject to the following terms and conditions:
1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and
obligations herein shall be exercised by the Division of State Lands,
State of Florida Department of Environmental Protection.
2. COMMENCEMENT: This use agreement and consent shall commence on
the effective date of this use agreement and shall
be valid for a term of five years and shall end on
3. EXTENT OF AGREEMENT: This use agreement covers the use of state-
owned uplands in the upland area more particularly described in
Exhibit "A" attached hereto ("project area"), only for the purpose of
dredging Wiggins Pass and no other use or activity shall be allowed
("project") .
4. USE OF PROPERTY AND UNDUE WASTE: This use agreement shall be
non-exclusive. GRANTOR, or its duly authorized agent, shall retain
the right to enter the project area or engage in management activities
16D 1
not inconsistent with the use herein provided for and shall retain the
right to grant compatible uses of the project area subject to this use
agreement to third parties during the term of this use agreement.
GRANTEE shall not commit undue waste to the project area. Upon
termination or expiration of this use agreement GRANTEE shall maintain
or restore, as necessary, the project area to substantially the same
condition as it was upon the effective date of this use agreement.
GRANTEE shall not remove water from any source on state lands
including, but not limited to, a water course, reservoir, spring, or
well, without the prior written approval of the GRANTOR. GRANTEE
shall clear, remove and pick up all debris including, but not limited
to, mud containers, oil containers, papers, discarded tools and trash
foreign to the work locations and dispose of the same in a
satisfactory manner as to leave the work locations clean and free of
any such debris. GRANTEE shall not dispose of any contaminants
including, but not limited to, hazardous or toxic substances,
chemicals or other agents produced or used in GRANTEE'S operations on
the project area or on any adjacent state land or in any manner not
permitted by law.
Upon termination or expiration of this use agreement and GRANTEE
shall remove all facilities and related structures erected at
GRANTEE'S expense.
If the project area is under lease to another agency GRANTEE
shall obtain the consent of such agency prior to engaging in any use
of the real property authorized herein.
5. RIGHT OF INSPECTION: GRANTEE hereby agrees that GRANTOR, or its
duly authorized agent, shall have the right at any and all times to
inspect the works and operation of GRANTEE in any matter pertaining to
this use agreement.
6. PROPERTY RIGHTS: GRANTEE agrees and it is hereby expressly
stipulated that this use agreement and consent constitutes permissive
use only and the placing of facilities and related structures upon
public property pursuant to this use agreement shall not operate to
Page 2 of 12 Pages
Use Agreement No. U-0344
R/6/2006
160 1
create or vest any property right in said holder and shall not
conflict with the conservation, protection and enhancement of said
lands.
7. LIABILITY: Each party is responsible for all personal injury and
property damage attributable to the negligent acts or omissions of
that party and the officers, employees and agents thereof. Nothing
herein shall be construed as an indemnity or a waiver of sovereign
immunity enjoyed by any party hereto, as provided in Section 768.28,
Florida Statutes, as amended from time to time, or any other law
providing limitations on claims.
8. ASSIGNMENT: This use agreement shall not be assigned in whole or
in part without the prior written consent of GRANTOR. Any assignment
made either in whole or in part without the prior written consent of
GRANTOR shall be void and without legal effect.
9. CUTTING OF TREES: The cutting or removal of trees on the state
land covered by this use agreement is prohibited. In the event that
in the course of its operations it shall become necessary for GRANTEE
to cut or remove trees, such trees shall be cut or removed only after
prior written approval has been received from GRANTOR through its
representative and in accordance with the directions lawfully given by
its representative, and title to all portions of trees so felled or
removed shall be and remain in GRANTOR. All brush and refuse that is
necessarily cut in the course of GRANTEE'S operations shall be handled
and disposed of in such a manner as to minimize the danger of fires,
all in accordance with said regulations and the directions of the
representative of GRANTOR. Trees subject to this provision shall be,
except for cypress trees, three inches in diameter or greater in size
at a height of forty-eight inches from the ground at the base of the
tree. Cypress trees subject to this provision shall be any cypress
tree of two inches in diameter or greater in size at a height of
forty-eight inches from the ground at the base of the cypress tree.
However, in no event shall the indiscriminate cutting down, running
over or destruction of trees or vegetation of any size be allowed.
Page 3 of 12 Pages
Use Agreement No. U-0344
R/6/2006
16D 1
10. TELEPHONE LINES, DITCHES AND FENCES: All telephone lines,
ditches, and fences located within or immediately outside the exterior
boundaries of the project area shall be protected so far as possible
in the conduct of GRANTEE'S operations, and, if damaged by reason of
said operations, they shall be repaired immediately by and at the
expense of GRANTEE. The representative of GRANTOR may, when in his or
her judgment it is necessary to avoid risk of damage by said
operations, require GRANTEE to move any such telephone lines or fence
from one location to an adjacent location without compensation.
11. ROADS, TRAILS, FIRE LINES: Roads, trails, and fire lines shall
at all times be kept free of brush and debris resulting from GRANTEE'S
operations hereunder. Any road, trail, or firebreak used by GRANTEE in
connection with the permitted operations that is damaged (beyond what
would be ordinary wear and tear without such use) shall be repaired
promptly by GRANTEE at its expense to its original conditions.
GRANTEE shall not build any roads or trails without prior written
approval of GRANTOR. If any live trees are damaged through
carelessness or by fire caused by the employees or contractors of
GRANTEE, GRANTEE shall fully compensate GRANTOR for the damage caused
thereby.
12. PREVENTION OF FIRES: GRANTEE agrees to use every reasonable
precaution including, but not limited to, Division of Forestry, Dept.
(DOF) standards for fire safety on state forest lands, to prevent the
occurrence of forest fires on state lands and to promptly notify the
DOF office or nearest of any such occurrence. In the event a forest
fire shall commence in the vicinity of GRANTEE'S operations during the
period such operations are being conducted, or immediately thereafter,
it shall be conclusively presumed that such fire occurred as a result
of the operations of GRANTEE, unless the contrary is clearly
demonstrated to the satisfaction of GRANTOR by GRANTEE, and GRANTEE
hereby agrees to pay GRANTOR for any and all damage caused to state
lands by such fire, including but not limited to, costs to suppress
such fire; costs for the damage to the timber, trees or other forest
Page 4 of 12 Pages
Use Agreement No. U-0344
R/6/2006
16D 1
products (whether standing, cut or fallen); and costs for the damage
to any improvements or personal property thereon, caused by or as a
result of such fire. GRANTEE shall, at its expense, replant, restock
or reforest any area affected by reason of such fire to the
satisfaction of GRANTOR or its LESSEE.
13. MINERAL RIGHTS. This use agreement does not cover petroleum or
petroleum products or minerals and does not give the right to the
GRANTEE to drill for or develop the same.
14. NON-DISCRIMINATION. GRANTEE shall not discriminate against any
individual because of that individual's race, color, religion, sex,
national origin, age, handicaps, or marital status with respect to any
activity occurring within the project area or upon lands adjacent to
and used as an adjunct of the lands covered by this use agreement.
15. BEST MANAGEMENT PRACTICES: GRANTEE shall implement applicable
Best Management Practices in compliance with paragraph 18-2.018(2} (h),
Florida Administrative Code, for all of the activities conducted under
this use agreement, which have been selected, developed, or approved
by GRANTOR or other land managing agencies for the protection and
enhancement of the state land covered by this use agreement.
16. ARCHAEOLOGICAL AND HISTORIC SITES. GRANTEE hereby covenants and
agrees that execution of this use agreement in no way affects any of
the parties' obligations pursuant to Chapter 267, Florida Statutes.
The collection of artifacts or the disturbance of archaeological and
historic sites on state-owned lands is prohibited unless prior
authorization has been obtained from the State of Florida Department
of State, Division of Historical Resources.
17. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES. Fee title to
the land included in this use agreement is held by GRANTOR. GRANTEE
shall not do or permit anything to be done which purports to create a
lien or encumbrance of any nature against the real property vested in
the GRANTOR including, but not limited to, mortgages or construction
liens against the real property covered by this use agreement or
against any interest of GRANTOR therein.
Page 5 of 12 Pages
Use Agreement No. U-0344
R/6/2006
16D 1
18. BREACH OF COVENANTS, TERMS, or CONDITIONS: Should GRANTEE breach
any of the covenants, terms, or conditions of this use agreement,
GRANTOR shall give written notice to GRANTEE to remedy such breach
within thirty days of such notice. In the event GRANTEE fails to
remedy the breach to the satisfaction of GRANTOR within thirty days of
receipt of written notice, GRANTOR may either terminate this use
agreement and recover from GRANTEE all damages GRANTOR may incur by
reason of the breach, or maintain this use agreement in full force and
effect and exercise all rights and remedies herein conferred upon
GRANTOR.
19. PARTIAL INVALIDITY: If any term, covenant, condition or
provision of this use agreement shall be ruled by a court of competent
jurisdiction, to be invalid, void, or unenforceable, the remainder
shall remain in full force and effect and shall in no way be affected,
impaired or invalidated.
20. NO WAIVER OF BREACH: The failure of GRANTOR to insist in anyone
or more instances upon strict performance of anyone or more of the
covenants, terms and conditions of this use agreement shall not be
construed as a waiver of such covenants, terms and conditions, but the
same shall continue in full force and effect, and no waiver of GRANTOR
of anyone of the provisions hereof shall in any event be deemed to
have been made unless the waiver is set forth in writing, signed by
GRANTOR.
21. SOVEREIGNTY SUBMERGED LANDS: This use agreement does not
authorize any use of lands located waterward of the mean or ordinary
high water line of any lake, river, stream, creek, bay, estuary, or
other water body or the waters or the air space thereabove.
22. DUPLICATE ORIGINALS: This use agreement is executed in duplicate
originals each of which shall be considered an original for all
purposes.
23. ENTIRE UNDERSTANDING: This use agreement sets forth the entire
understanding between the parties and shall only be amended with the
prior written approval of GRANTOR.
Page 6 of 12 Pages
Use Agreement No. U-0344
R/6/2006
16D 1
24. TIME: Time is expressly declared to be of the essence of this
use agreement.
25. INSURANCE REQUIREMENTS: "Each party shall be liable for its own
actions and negligence and, to the extent permitted by law, Collier
County shall indemnify, defend and hold harmless GRANTOR, State of
Florida Department of Environmental Protection, and State of Florida
against any actions, claims or damages arising out of Collier County's
negligence in connection with this Agreement. The foregoing
indemnification shall not constitute a waiver of sovereign immunity
beyond the limits set forth in Florida Statutes, Section 768.28, nor
shall the same be construed to constitute agreement by either party to
indemnify the other party for such other party's negligent, willful or
intentional acts or omissions."
26. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all
financial and other records relating to this use agreement and GRANTOR
shall have the right to audit such records at any reasonable time.
This right shall be continuous until this use agreement expires or is
terminated. This use agreement may be terminated by GRANTOR should
GRANTEE fail to allow public access to all documents, papers, letters
or other materials made or received in conjunction with this use
agreement, pursuant to Chapter 119, Florida Statutes.
27. NOTICE: All notices given under this use agreement shall be in
writing and shall be served by certified mail including, but not
limited to, notice of any violation served pursuant to Section 253.04,
Florida Statutes, to the last address of the party to whom notice is
to be given, as designated by such party in writing. The GRANTEE and
the GRANTOR hereby designate their address as follows:
GRANTOR:
State of Florida
Department of Environmental Protection
Division of State Lands
Bureau of Public Land Administration, M. S. 130
3800 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Collier County, Florida
3300 Santa Barbara Blvd.
Naples, Florida 34116
GRANTEE:
Page 7 of 12 Pages
Use Agreement No. U-0344
R/6/2006
16D 1
28. COMPLIANCE WITH LAWS: GRANTEE agrees that this use agreement is
contingent upon and subject to GRANTEE obtaining all applicable
permits and complying with all applicable permits, regulations,
ordinances, rules, and laws of the State of Florida or the United
States or of any political subdivision or agency of either.
29. GOVERNING LAW: This use agreement shall be governed by and
interpreted according to the laws of the State of Florida.
30. SECTION CAPTIONS: Articles, subsections and other captions
contained in this use agreement are for reference purposes only and
are in no way intended to describe, interpret, define or limit the
scope, extent or intent of this use agreement or any provisions
thereof.
31. TITLE DISCLAIMER: GRANTOR does not warrant or guarantee any
title, right or interest in or to the project area.
32. SPECIAL CONDITIONS: The following special conditions shall apply
to this use agreement:
A. GRANTEE shall meet with the Delnor-Wiggins Pass State Park
manager ("park manager") or his/her designee to locate the
dredged pipeline and the area of renourishment on the beach
and Delnor-Wiggins Pass State Park ("park")and the park
manager or his/her designee will determine the exact
location of the pipeline and area of renourishment on the
beach at this meeting.
Pipe will be rafted into Wiggins
Pass and pulled on to the beach as necessary to extend it
for pumping. At no time will pipe be transported to the
project area through the park.
B. GRANTEE will not need a staging area in the park.
Equipment and materials will be delivered and dropped off at
the beach access between area 3 & 4, as shown on the map
attached hereto as Exhibit "A". Fuel will be stored in a
double walled 6'x 8'container with a catch basin as required
by the applicable permitting agencies. It will be set in an
area on the beach as determined by the park manager or
his/her designee.
C. GRANTEE shall meet with the park manager or his/her designee
regarding the amount of parking spaces and permits for
entering the park after park operating hours. The park
manager or his/her designee will decide the exact number of
Page 8 of 12 Pages
Use Agreement No. U-0344
R/6/2006
16D 1
the parking spaces and determine terms and conditions of
entering the park after hours.
D. GRANTEE shall obey all park management rules with special
regard to vehicular traffic and park visitors. GRANTEE'S
employees, agents, and contractors who come to the park in
any matters related to this use agreement must stop at the
ranger station upon entering the park.
E. GRANTEE shall provide and maintain crossings for
vehicular and pedestrian access over sections of pipeline
not within the project area. The crossing locations will be
determined on site by the park manager or his/her designee.
F. GRANTEE shall work cooperatively with the park manager or
his/her designee and the park biologists to resolve issues
regarding safety, access, or environmental concerns.
G. The park manager or his/her designee shall have the ability
to stop the project at any time to ensure public safety or
for failure of GRANTEE to meet any of the terms and
conditions of this use agreement.
H. GRANTEE'S local representative or manager of this project
shall meet with the park manager or his/her designee each
day during the construction phase of the project. The time
of such meeting shall be agreed to by the park manager and
the representative prior to commencement of construction.
I. GRANTEE shall ensure that there is a safe zone around the
discharge end of the pipe and discharge area.
J. A 70 foot buffer will be erected around the archeological
site as designated by the park manager to ensure against
disturbance. Wooden stakes with flagging will mark the
buffer boundaries.
Page 9 of 12 Pages
Use Agreement No. U-0344
R/6/2006
16D 1
IN WITNESS WHEREOF, the parties have caused this use
agreement to be executed on the day and year first above written.
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
By:
(SEAL)
GLORIA C. BARBER, OPERATIONS
AND MANAGEMENT CONSULTANT
MANAGER, BUREAU OF PUBLIC LAND
ADMINISTRATION, DIVISION OF
STATE LANDS, STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION
Witness
Print/Type Witness Name
Witness
Print/Type Witness Name
UGRANTOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day
of ,20 ,by Gloria C. Barber, as Operations and
Management Consultant Manager, Bureau of Public Land Administration,
State of Florida Department of Environmental Protection, who is
personally known to me or produced as
identification.
Notary Public, State of Florida
print/Type Notary Name
Commission Number:
Commission Expires:
Approved as to Form and Legality
By:
DEP Attorney
Page 10 of 12 Pages
Use Agreement No. U-0344
R/6/2006
16D 1
{L~8~~
W1 ess
L c- (l W
Print/Type Witness Name
COLLIER
By its
FLORIDA
County Commissioners
B .
(SEAL)
~rU&~
Witness L--ISP: I!.rf.fNIUL-
Print/Type Witness Name
'0M HehC\ i Y\.j
Print/Type Name
Title: C.olntniC;;<;;\of\er
OFFICIAL SEAL
ATTEST: -'c'."
DWIGHTE. BRo~.CU~.R..!< K. '.. '.~' .: '.
Attest By: ~~
. .
N\:~:?+k \1 n - Ovn:..... ..~
Print/Type Name Atte9:.at to-ena,r'II4Il .
s f Oft~ture on I . '.'
Title: Th~vt~(UwL
"GRANTEE"
STATE OF FLORIDA
COUNTY OF COLLIER
day
The foregoing
of -::J;; Ytua rot
instrument was acknowledged before me this~t.h
, 20 Ocr ' by Tl?rn H-enn;'1;J and
, as and
, respectively, on behalf of the Board of
County Commissioners for Collier County, Florida. They are personally
known to me or who produced as identi 'cation:
,
Print/Type
CAROl. YN SUE FILSON
MY COMMISSION I DO 748730
EXPIRES: AprI/2B, 2012
8onaedfhruNOIlIryPub/icUnderwrttorl
Commission
Commission Expires:
Ap
legal sufficiency
Page 11 of 12 Pages
Use Agreement No. U-0344
R/6/2006
EXHIBIT "A"
DESCRIPTION OF REAL PROPERTY SUBJECT TO THIS USE AGREEMENT
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Use Agreement No. U~344
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