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Resolution 394-1990 Monroe County Commission RESOLUTION NO. 394 -1990 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR OF THE BOARD TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE MONROE COUNTY LAND AUTHORITY. WHEREAS, on March 28, 1990, the Monroe County Board of County Commissioners, sitting as the Land Authority on August 1, 1990, did approve an Interlocal Agreement between the Land Authority and the County for the purchase of a conservation easement by the Land Authority as part of the County's condemnation of Crawl Key, and for a schedule of repayment, interest-free, by the County, and other restrictions as to the easement, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor is hereby authorized to execute said Interlocal Agreement, a copy of same being attached hereto and made a part hereof. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the ,}b-r~_ day of . 4V"A t-. . A.D. 1990. (Seal) Attest: DANNY L. KOI:RAGE, Clem BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA . "---':- '. Byak~ :MAYOR/CHAIRMAN ~" ~Jf'V: IJ,fJPnOVED AS TO t"OFW AND LEGAL SUFFiC/[I.t' INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT entered into this day of 1990, by and between The Monroe County Land Authority, (herein known as "the Authority"), and Monroe County, a subdivision of the State of Florida (herein known as "the County"), shall provide for the purchase of a Conservation Easement by the Authority as part of the County's Condemnation of Crawl Key and shall establish the repayment of said funds to the Authority. The two parties agree as follows: 1. Duties of the Authority A. Purchase of Conservation Easement. The Authority dgrees to purchase a Conservation Easement in the amount of $2,212,500, as part of the County's condemnation of Crawl Key. The Conservation Easement will contain the fOllowing restrictive covenants. (i) The Conservation Easement requires that Crawl Key be used for solid waste processing facilities. If all of the island is not needed for these purposes, the balance of the upland property may be used for other legitimate governmental purposes. (ii) The Conservation Easement requires that the fringing mangroves and existing wetlands on the island not be disturbed, except as provided by law. iii) The Conservation Easement prohibits the construction of an incinerator or other than inert landfill on the island. Existing borrow pits may be used for storage of clean construction debris. Solid waste processing facilities shall be under roof and shall be consistant with the most environmentally safe contemporary technologies. 2. Duties of The County A. The County agrees to a repayment schedule for the Conservation Easement. B. The County agrees to a repayment schedule wherein it shall repay a minimum of $442,500.00 per year, interest free, in annual installments to the Authority. C. If unanticipated revenue or excess funds are available, the County may repay the Authority up to $737,500 per year. D. Repayment shall begin within 180 days of the County taking title to the acquired land, and payments shall be remitted semi-annually in 10 installments of $221,250. E. Upon repayment, the Conservation Easement shall automatically extinguish. 3. This Interlocal Agreement shall be subject to the provisions of contract number 88-SP-36-54-11-20-011 between the Authority and the Florida Department of Community Affairs. The parties agree to hold the Department of Community Affairs harmless against any claims of whatever nature arising out of the performance of work under this Interlocal Agreement. 4. The Conservation Easement is attached hereto and made a part hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their officials thereto duly authorized. COUNTY OF MONROE, STATE OF FLORIDA BY: JOHN STORMONT, Mayor/Chairman of the Board of County Commissioners of Monroe County, Florida Danny L. Kolhage, Clerk APPROVED AS TO FORM ",~A"D LEGAL s:~~~ . ' ,(J/~ " ,~,. '" " '-';' ,", , ,,' rl"p -' ...., " '. (SEAL) ATTEST ~~~ROE c~ ETY MIC~A L P 0, t n (SEAL) ATTEST: A.~ .aul R. Wick, Executive Director ~~,., '. ",. 1#.' '-, " )'1.~.1-it-" .~ ~-;;; ~,. \ . ,", "\. iii ' '. r . ."', ~{J .". ... '..-:-. APprov~ Lega ~ n~y BY: ~~ "-- Cunningh , Albritton, Lenzi, Warner, Miller & Erskine, P.A. CONSERVATION EASEMENT ';t'. THIS AGREEMENT, made this day of 1990, by and between MONROE COUNTY, a subdivision of the state of Florida, hereinafter referred to as Grantor, and the MONaOECOUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under section 380.0663(1), Florida statutes and Monroe county Ordinance No. 031-1986, 5815 Jr. college Road, west, wing III, stock Island, Key West, Florida 33040, hereinafter referred to as Grantee. WHEREAS, the Grantor will be exercising its power of eminent domain to acquire certain real property for solid waste processing facilities, hereinafter referred to as CRAWL KEY; and WHEREAS, the Grantee seeks to prohibit certain uses of the property deemed inappropriate by the Grantee, property is more particularly described as follows: SEE ATTACHED EXHIBIT A, and WHEREAS, section 704.06, Florida statutes, permits the creation of conservation easements for the purpose of retaining land or water areas of environmental significance; and WHEREAS, the LAND AUTHORITY is empowered by section 380.0666, Florida statutes, to acquire interests in real property including easements necessary or appropriate to protect the natural environment, provide public access or public recreational facilities, preserve wildlife habitat areas, and provide assistance in solid waste management projects; NOW, THEREFORE, the Grantor, for good and valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged by the Grantor, and of the covenants, mutual agreements, conditions and promises herein contained, the Grantor does hereby freely give, grant, bargain, sale and convey unto the Grantee, its successors and assigns, conservation easement over CRAWL KEY consisting of the following: AFFIRMATIVE RIGHTS OF GRANTEE: (1) The right of visual access to and view of the protected property. . --.;-.: f/ '", ," , ;~ '.:'~ '1 ~ 1, J <~ :~ ~ J ~~ ,j 1 ~ J,' ..1 "f )'1 ( " (2) The right of the Grantee, in a reasonable manner and at reasonable times, to enter the protected property for the purposes of inspecting same to determine compliance herewith, to enforce by proceedings at law or in equity the covenants hereinafter set forth including, but not limited to, the right to require restoration of the protected property to its condition at the time of this grant. The Grantee, or it successors or assigns, do not waive or forfeit the right to take action as may be necessary to insure compliance with the covenants and purposes of this grant by any failure to act. Nothing herein shall be construed to entitle the Grantee to institute any proceedings against the Grantor for any changes to the CRAWL KEY due to causes beyond the Grantor's control such as changes caused by fire, floods, storm or unauthorized wrong acts of third persons, or changes authorized herein. AND, in furtherance of the foregoing affirmative rights, the Grantor, on behalf of the Grantor, its heirs, successors and assigns, and with the intent that the same shall bind CRAWL KEY during the term of this Conservation Easement, does hereby make, with respect to CRAWL KEY, the following: COVENANT: 1. The Grantor shall utilize CRAWL KEY for solid waste processing facilities. In the event any portion of CRAWL KEY is not required for solid waste processing facilities, then that portion may be utilized by the Grantor for other legitimate governmental purposes. 2. The Grantor shall not disturb the fringing mangroves or existing wetlands on CRAWL KEY, except as provided by Law. 3. The Grantor shall be prohibited from constructing an incinerator on CRAWL KEY. 4. The Grantor shall be permitted to construct an inert landfill on CRAWL KEY. However, the Grant(r expressly agrees herein that no other class landfill may be constructed on CRAWL KEY. Notwithstanding the foregoing, the parties expressly agree herein that the burrow pits presently existing on CRAWL KEY may be utilized for the storage of clean construction debris. 5. The Grantor expressly agrees herein that solid waste processing facilities constructed on CRAWL KEY shall be under roof and shall be consistent I'" ':': ..........'...'.... :'.'1 .. . ). ~j...... ',I 'Il ...'\i .'~~ :1 ...)...:...... 1 with the most environmentally safe contemporary technologies. In the event that a breach of these restrictions by the Grantor or by a third party comes to the attention of the Grantee, the Grantee must notify the Grantor in writing of such a breach. The Grantor shall have thirty (30) days after receipt of such notice to undertake actions including restoration of the Premises that are reasonably calculated to correct swiftly the conditions constituting such a breach. If the Grantor fails to take such corrective \, /t ~f . action, the Grantee shall at its discretion undertake such actions, including appropriate legal proceedings, as are reasonably necessary to effect such corrections; and the cost of such corrections, including the Grantee's expenses, court costs and legal fees, shall be paid by the Grantor, provided the Grantor is determined to be responsible for the breach. GENERAL PROVISIONS: The Grantor agrees that the terms, conditions, restrictions, and purposes of this grant will be inserted by it in any subsequent deed or other legal instrument by which the Grantor divests itself of either fee simple, or its possessory interest in, all or portions of CRAWL KEY and that the Grantor will notify the Grantee, its successors or assigns, of any such conveyance. Any notices required in this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses or such address as may be hereafter specified by notice in writing: ~~. GRANTOR: MONROE COUNTY c/o Office of the county Attorney 310 Fleming street, Room 29 Key West, Florida 33041 GRANTEE: MONROE COUNTY LAND AUTHORITY 5825 Jr. college Road, West wing III, stock Island Key West, Florida 33040 In the event any provision of this grant is determined by the appropriate court to be void and unenforceable, all remaining terms shall remain valid and binding. The burdens of this Conservation Easement shall run with the CRAWL KEY and shall be enforceable against the Grantor and all future owners and tenants u,.,...,.-.... during the term of this Conservation Easement. Any assignment of benefits by the Grantee (or successors) must require the transferee to carry out the purposes of this Conservation Easement. The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for enforcement of this Conservation Easement. This Easement shall automatically expire upon the Grantor's repayment of funds borrowed from the Grantee for the acquisition of Crawl Key. TO HAVE AND TO HOLD this Conservation Easement together with all and singular the appurtenances and privileges belonging or in any way pertaining thereto, either in law or in equity, either in possession or expectancy, for the proper use and benefit of the conservancy, its successors and assigns, forever. IN WITNESS WHEREOF, the Grantor has set its hand and seal the date any year first above written, and the Grantee has caused these presents to be singed in its name by its Chairman of the MONROE COUNTY LAND AUTHORITY the day and year first above written. MONROE COUNTY LAND AUTHORITY MONROE COUNTY BY: Michael Puto chairman BY: John stormont Mayor (SEAL ) ATIEsr: DANNY L. KOLHAGE, CLERK BY: Deputy Clerk AttorneY'$ Office ,.,.,., -- during the term of this Conservation Easement. Any assignment of benefits by the Grantee (or successors) must require the transferee to carry out the purposes of this Conservation Easement. The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for enforcement of this Conservation Easement. This Easement shall automatically expire upon the Grantor's repayment of funds borrowed from the Grantee for the acquisition of crawl Key. TO HAVE AND TO HOLD this Conservation Easement together with all and singular the appurtenances and privileges belonging or in any way pertaining thereto, either in law or in equity, either in possession or expectancy, for the proper use and benefit of the conservancy, its successors and assigns, forever. IN WITNESS WHEREOF, the Grantor has set its hand and seal the date any year .first above written, and the Grantee has caused these presents to be singed in its name by its Chairman of the MONROE COUNTY LAND AUTHORITY ~e day and year first above written. , .. " MONROE COUNTY LAND AUTHORITY MONROE COUNTY '. ~ .1 .~~~~ ~~ BY: c ae Puto Chairman BY: John stormont Mayor ...; , li~ :'1 :~j ,'~. , t.''1 (SEAL ) A'ITESI' : DANNY L. KOLHAGE, CLERK ~ BY: ,::~ ... 1:!'1 ~ '.j :~ Deputy Clerk !1 .OJ ...., ::} ".r: '!'J '" ,~ .., ,I>> tj 11 ~ AttorneY'$ Office ,~;~ "I; j '~, CRAWL KEY Parcell: Lot 3 of Section 26 in T.65S., R.33E., and Lot 1 of Section 35 in T.65S., R.33E., known as "Eastern Crawl Key." Excepting therefrom the right-of-way of the Overseas Highway, formerly the Florida East Coast Railway. ALSO Excepting therefrom, all that part of Lot 1 of Section 35 in T. 65S., R. 33E., which lies Southerly of the right-of-way of the Overseas Highway, formerly the East Coast Railway. EXHIBIT "A" -,.~--