90-R-33RESOLUTION NO. 90-R-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AUTHORIZING THE
APPROPRIATE OFFICIALS OF THE CITY OF EDGE -
WATER, FLORIDA, TO EXECUTE A MANAGEMENT
AGREEMENT FOR CERTAIN SOVEREIGNTY SUBMERGED
LANDS IN VOLUSIA COUNTY, FLORIDA, WITH THE
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND RELATING TO THE SWIMMING AREA
ADJACENT TO MENARD-MAY PARK; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA:
SECTION 1: The City Council of the City of Edgewater,
Florida, hereby authorizes the appropriate officials of the City
of Edgewater, Florida, to execute a Management Agreement for
Certain Sovereignty Submerged Lands in Volusia County, Florida,
with The Board of Trustees of the Internal Improvement Trust Fund
relating to the swimming area adjacent to Menard-May Park.
SECTION 2: A copy of said Agreement is attached to this
Resolution and by reference incorporated herein as if fully set
forth and marked Exhibit "A".
SECTION 3: That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
SECTION 4: That this Resolution shall take effect immedi-
ately upon its adoption by the City Council of the City of Edge-
water, Florida, at 8 Regular meeting of said Council held on
the 21 day of May 1199 0 , and approved as provided
by law.
This Resolution was introduced and sponsored by Cmu ilman
Fish and was read and passed by a vote of the City
Council of the City of Edgewater, Florida, at a Regular
meeting of said Council held on the 21 day of May ,199,q
and authenticated as provided by law.
ROLL CALL VOTE ON RESOLUTION NO. 90-R-33 AS FOLLOWS1
ATTEST:
CITY CLERt
Authenticated this 21 day
of' --'a ,199 0
MAYOR
Appro f
A RNEY
-2- Res. No. 90-R-33
MANAGEMENT AGREEMENT FOR CERTAIN SOVEREIGNTY
SUBMERGED LANDS IN VOLUSIA COUNTY, FLORIDA
AGREEMENT NO. MA-64-017
WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund
holds title to certain sovereignty submerged lands in Volusia County,
Florida; and
WHEREAS, the Board may authorize the management of said lands by virtue of
Chapter 253.03, Florida Statutes; and
WHEREAS, City of Edgewater desires to manage
the subject lands for public purposes as outlined in Exhibit "A" attached hereto;
NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND OF THE STATE OF FLORIDA. referred to herein as "Board", hereby grants to
City of Edgewater , herein referred to as "Grantee",
the right to manage for public purposes the site described in Exhibit "B" attached
hereto and made part hereof, for a period of ten years from May 2, 1990 the
effective date of this Agreement, on the following terms and conditions:
1. Grantee shall manage the subject properties as provided in the
management plan attached as Exhibit "A" in a manner which will not conflict with
the conservation, protection and enhancement of said lands and which will not
interfere with the maintenance of public navigation projects or other public works
projects authorized by the United States Congress.
2. The management plan attached hereto as Exhibit "A" shall be revised
jointly by the Board and the Grantee at no greater than five (5) year intervals
and updated as necessary. The Grantee shall not alter the property or engage in
any activity except as provided for in the required plan without the prior written
approval of the Board.
3. Upon execution of this Agreement, the Grantee shall have the right to
enter and occupy the property for the purpose of fulfilling the activities
designated in Paragraph 1 and Exhibit "A".
4. The Board shall have the right at any time to inspect the works and
operations of the Grantee in any matter pertaining to this Agreement.
5. This Agreement does not convey any title interest to the area
described in Exhibit "B" attached hereto.
6. This Agreement may be unilaterally terminated by either party, with
or without cause, by providing written notice of the intent to terminate this
Agreement to the other party at least 60 days prior to the proposed date of
termination.
7. The Board retains the right to enter the property and to engage in
management activities other than those provided for herein following notification
to and consultation with the Grantee and further retains the right to grant
approval for compatible uses of the property to third parties during the term of
this Agreement. The Board shall determine whether or not any proposed uses by a
third party are compatible with the uses authorized herein.
8. Renewal of this agreement is at the sole option of the Board. Any
renewal granted shall be subject to the terms, conditions and provisions of
management standards and applicable laws, rules and regulations in effect at that
time.
9. This Agreement and any rights and privileges contained herein are for
the sole use of the Grantee and shall not be assigned or transferred to any other
party.
10. The Grantee agrees to assist in the investigation of injury or damage
claims either for or against the State or the Board and pertaining to Grantee's
area of responsibility or arising out of Grantee's management programs hereunder
and to contact the Board regarding whatever legal action Grantee deems appropriate
Ito remedy same.
11. The Grantee shall defend, hold and save the Board and its agents
harmless from any and all liabilities or claims that may result from injuries to
persons or damages to property arising out of the use or management of the
property by the Grantee.
12. Section 267.061(1)(b), Florida Statutes, specifies that title to all
treasure trove, artifacts and such objects or antiquity having intrinsic,
scientific or historical and archaeological value, which have been abandoned on
state-owned lands or state-owned sovereignty submerged lands is vested in the
Division of Historical Resources (DHR) of the Department of State, for the purpose
of administration and protection for the State of Florida. Execution of this
Agreement in no way affects any of the parties' obligations pursuant to Chapter
267, Florida Statutes. The disturbance of archaeological and historical sites on
state-owned lands is prohibited unless prior authorization has been obtain from
DRR. All proposals for changes in the character or use of state lands shall be
coordinated with DHR in order to mitigate potential damage or disturbance of, or
to preserve, archaeological and historical sites and properties.
13. Upon termination or expiration of this Agreement, the Grantee agrees
to leave all fixed improvements for the use of the Board and to put no claim upon
said fixed improvements; or, at the option of the Board, the Grantee agrees to
remove any or all improvements from the property at Grantee's expense.
14. The Grantee shall not discriminate against any individual because of
that indi.vidual's race, color, religion, sex, national origin, age, handicap, or
marital status with respect to any activity occurring with the area subject to
this Agreement or upon lands adjacent to and used as an adjunct of the area.
15. In the event of litigation arising out of this Agreement, the
prevailing party shall be entitled to the recovery of its attorneys fees and costs
incurred in such litigation including any appeal therefrom. Any lawsuit brought
by either party against the other relating to or arising out of this Agreement
shall be filed and maintained only in Leon County, Florida.
16. SPECIAL CONDITION - Grantee agrees to maintain the swimming area open
to the public at no charge.
Page 2 of 6 Pages
Management Agreement No. MA-64-017
WITNESSES:
4td� AI
ATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF gF A(SEAL)
BY
Dr, Divrsion of ate Lands,
Agent for the Board of Trustees of
the Internal Improvement Trust Fund
Before me personally appeared Percy W. Mallison, Jr., to me well known and
known to me to be the person who executed the foregoing instrument, and
acknowledged to and before me that he executed said instrument for the purposes
therein expressed.
WITNESS my hand and official seal, this day of,
A.D., 19 /10 .
APPROVED AS TO FORM AND LEGAL TY:
Notary Public (SEAL)
State of Florida at Large
My Commission Expires:
WITNESSES:
lie!�
F�J%ll Lt,,
STATE OF Florida
COUNTY OF Volusia
91Wmy PAk State of Hmide
b.Nd TNu T., I..Ye1na,.nmay
M,j9p]
Cit f Ed eater (SEAL)
Gran e /
EY f
Original Authorized Signature
Mayor
Title of Executing Authority
Before me personally appeared David L. Mitrh„m to me well
known and known to me to be the person who executed the foregoing instrument, and
acknowledged to and before me that he executed said instrument for the
purposes therein expressed.
WITNESS my hand and official seal, this 21 day of May
A.D., 19 90
My r%W49, ,-AMIMWe
Cwrtmic:.o:: [xPirW la. 17, 1994
Page 3 of 6 Pages
Management Agreement No. MA-64-017
(Ally-L U 1
6Z 0y(.0 I-g
Notary y Public (SEAL)
r-
State of -,L da—. at Large
EXHIBIT "A"
Management Agreement No. MA-64-017
Management Plan
The subject property described in Exhibit "B", will be used for public purposes in
conjunction with Meynard-May Park. The submerged lands will be utilized for a
swimming area adjacent to the upland park and will be open to the public at no
charge.
Page 4 of 6 Pages
Management Agreement No. MA-64-017
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LOCATIOLI MP
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SPECIFIC PURPOSE SURVEY
Of submerged land lease area being described as follows: Submerged land
lying Easterly of the U. S. Government Meander Line of Section 33,
Township 17 South, Range 34 East and being more particularly described
as follows: Commence at a 4" x 4" concrete monument marking the Northeast
corner of Section 33, Township 17 South, Range 34 East; thence 5 33"
00' 00" E along the U. S. Government Meander Line, a distance of 311.14
feet to the intersection of the Southerly R/W of East Ocean Avenue;
thence N 64- 10' 49" E along the Easterly extension of said R/W, a
distance of 471.58 feet to a point on the mean high water line of
the Westerly bank of the Intracoastal Waterway and for the Point
of beginning; thence N 82" 31' 24" E, a distance of 126.97 feet; thence
S 23" 43. 41" E, a distance of 173.09 feet; thence S 79° 50' 32" W,
a distance of 212.37 feet to the said mean high water line; thence
along said mean high water line the following courses and distances;
N 09" 12' 56" E, 32.88 feet; thence N 08" 49' 41" E, 48.10 feet; thence
N 02" 55' 24" E, 49.01 feet; thence N 01" 52' 26" W, 50.50 feet to
the Point of Beginning. Containing 28344.11 square feet or 0.65 acre
more or less. '
SU(j,VEYOR'S NOTES:
i/ Specific Purpose Survey showing proposed submerged land lease
area.
zzlBearings refer to DOT R/W maps and Intracoastal Waterway H/W map.
3. This survey constitutes the origin of this description.
4. Mean high water line to be approved by the Dept. of Natural Resources.
5. Elevations shown refer to NGVD and based on USCLGS Monument Y-211
elevation 15.932 feet.
6. This survey complies with Chapter 177 Part II, F. S., and Chapter
18.5 F. A. C.
Page 5 of 6 Pages 1 APPROVED • FLDNR 1 BSM
Management Agreement No. NA-64-017 /'
Date.--µL; =Q
EXHIBIT "B"
Page 1 of 2 SHEET 1 -4 Z
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Fbwros. 47ZM7. Su300 CANAL STREET
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Page 6 of 6 Pages
Management SHEEAgT reemenZ -t No. MA-64-017
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EXHIBIT "B"
VALID ONLY WITH EMBOSSED SEAL Pa Re 2 of 2
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472.M7, 300 CANAL STREET
NEWSMYRNA REACH, FLA. 32069
PHONE: 904-427-9575
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J. SURVEYOR 2027 61Z JDATE JUME3,19sp