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Item T7 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 17. 2002 Division: County Administrator Bulk Item: Yes -X- No Department: County Administrator AGENDA ITEM WORDING: Approval of an interlocal agreement and conservation easement with the Monroe County Land Authority for the Mariners Resort park site. ITEM BACKGROUND: The proposed agreement formalizes the arrangement for the Land Authority to acquire the Mariners Resort park site with Preservation 2000 funds and convey the property to the County for development as a park. At closing, the County would grant back to the Land Authority a conservation easement limiting future use of the site in accordance with Preservation 2000 restrictions. The conservation easement limits future use to recreation and conservation and imposes restrictions on certain activities such as leases, conveyances (including development rights), revenue generation, private use and management contracts. There are similar restrictions on the Key Largo Community Park due to acquisition with Preservation 2000 funds. PREVIOUS RELEVANT BOCC ACTION: On March 20,2002, sitting as the Land Authority, the Board approved a contract to purchase the Mariners Resort property, CONTRACT/AGREEMENT CHANGES: None. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A REVENUE PRODUCING: Yes No-X. AMOUNTPERMONTH_ Year DIVISION DIRECTOR APPROVAL: OMB/Purchasin~ Risk Management_ '~~~4 James L. Roberts APPROVED BY: County Atty--X- DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # T7 Revised 2/27/01 MONROE COUNTY LAND AUTHORITY/MONROE COUNTY INTERLOCAL AGREEMENT MARINERS RESORT PARK SITE THIS INTERLOCAL AGREEMENT (the "Agreement"), is made and entered into this _ day of , 20_, by and between the Monroe County Comprehensive Plan Land Authority, a land authority established pursuant to section 380,0661, Florida Statutes, hereinafter referred to as "Land Authority," and Monroe County Board of County Commissioners, a political subdivision of the State of Florida, hereinafter referred to as "County." WHEREAS, the County plans to acquire, develop, and maintain the property identified in Attachment A (hereinafter "subject property") for the purpose of providing a community park; and WHEREAS, the property in Attachment A is subject ta the rate growth controls established by the Monroe County Ordinance #16-1992, codified as Section 9.5-120 et seq. of the Monroe County Land Development Regulations; and WHEREAS, in accordance with the County's plans, the Land Authority has entered into a contract to purchase the subject property; and WHEREAS, the Land Authority's purchase contract is contingent upon the County accepting title to the subject property from the Land Authority and granting a conservation easement to the Land Authority at closing; and WHEREAS, the purpose of the conservation easement is to insure future use of the subject property is consistent with the Land Authority's enabling legislation and the restrictions associated with Preservation 2000 bond proceeds. NOW THEREFORE, the Monroe County Comprehensive Plan Land Authority hereby agrees to convey the subject property to Monroe County at closing and Monroe County does hereby agree to simultaneously grant the conservation easement identified in Attachment B to the Monroe County Comprehensive Plan Land Authority. The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its CHAIRMAN, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of 20_. Page 1 of 2 MAR-2S-02 16'4ti FROM ' MONROE COUNTY ATTY OPFICE IO'30&~8~3&le PAQE 2/6 ATIEST; MONRoe COUNTY COMPREHENSIve PLAN LANO AUTHORITY (Sew I) By: Mark J. ROICh, ElCecl./tive Director Nora Williams, Chllrman Approved for Legal SuffIciency larry R, ErskIne Tl'le MONROe COUNTY SOARD OF COUNTY COMMISSIONERS, acting by ilnd through Its CHAIRMAN/MAYOR, his executed this agreemont on beharf of MONROE COUNTY this day of I 2002, ATTEST' DANNYL. KOLHAOE, CLERK (Seal) MONROE COUNTY By; Deputy Clerk Charles McCoy, Chairman/Mayor Monroe County Board of County CommIssIoners Page 2 of 2 IO'j ~OO'ON OO:~I GO, SO ;.:ldtJ 18IS-S6Z-S0~:GI ^lI~OHln~ GN~l 'J'W A IT ACHMENT A Mariners Resort Park Site Tract A, Whispering Pines subdivision Plat #3 as recorded in Plat Book 4 at Page 59 in the Public Records of Monroe County, Florida. RE# 286360-000000 A IT ACHMENT B GRANT OF CONSERVATION EASEMENT THIS GRANT OF EASEMENT is made on this day of , 20_, by Monroe County, a political subdivision of the State of Florida, of 500 Whitehead Street, Key West, Florida 33040, Grantor, to Monroe County Comprehensive Plan Land Authority, a land authority under Section 380.0663 (1), Florida Statutes and Monroe County Ordinance No, 031- 1986, whose address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040, as Grantee. Recitals A) The Grantor is the owner of certain real property (the servient estate) located in Monroe County, Florida, more particularly described in Attachment A B) This easement is a conservation easement created pursuant to Section 704.06, Florida Statutes, and is to be governed by, construed, and enforced in accordance with that statute along with applicable laws of the State of Florida, 1, Grant of easement. In consideration for the sum of Ten and 00/100 Dollars ($10,00) and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt of which is hereby acknowledged, the Grantor hereby grants to Grantee the easement described below, 2, Easement area. The location of the easement area on the servient estate is as follows: all of that property described in Attachment A 3. Restraints imposed by the conservation easement. The subject property was purchased with Preservation 2000 bond proceeds, The conservation easement granted by this instrument imposes the following restrictions on the future use of the servient estate within the easement area: a) No uses other than conservation and public recreation, b) No lease or conveyance of any property interest, including but not limited to transferable development rights of any kind. c) No revenue generating activities without the express written consent of the Grantee, d) No use by any person other than in such person's capacity as a member of the general public or as an employee of Monroe County, e) No management contracts with any party other than the State of Florida without the express written consent of the Grantee. f) No use as security for any debt. g) No construction or placing of billboards or other advertising, Signs identifying the park and identifying park sponsors are not prohibited. h) No dumping or placing of trash, waste, or unsightly or offensive materials, i) No suffering, permitting, or allowing invasive exotic species such as Australian pine (spp, Casuarina), Brazilian pepper (Schinus terebinthifolius), or Latherleaf (Colubrina asiatica) to exist. 4. Terms and persons bound, This conservation easement is perpetual, runs with the land and is binding on all present and subsequent owners and mortgagees of the servient estate. Grantor represents that Page 1 of 2 the mortgagee(s), if any, whose consent is attached hereto, is (are) the only mortgagee(s) having a security interest in the servient estate. 5, Modification of easement. No modification of this easement is binding unless evidenced in writing and signed by an authorized representative of the Grantee. 6, Attorney's fees. In the event of any controversy, claim or dispute arising under this instrument, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including appeals. 7, Entry of Grantee's representative on the servient estate, The Grantee may enter upon the servient estate, after first furnishing the Grantor no less than 24 hours notice, for the purpose of inspection to determine the Grantor's compliance with this Grant of Easement. 8, Notice. Any notice provided for or concerning this grant of easement must be in writing and is sufficiently given when sent by certified or registered mail, or via an equivalent service furnished by a private carrier, to the respective address of each party as set forth at the beginning of this Grant of Easement. IN WITNESS WHEREOF, each party to this Grant of Easement has caused it to be executed on the date in the first sentence of this Grant af Easement. Monroe County Grantor Witness By: Charles McCoy, Chairman/Mayor Manroe County Board of County Commissioners Witness STATE OF FLORIDA) SS: COUNTY OF MONROE) The foregoing instrument was acknowledged before me this day of , 20_ by CHARLES MCCOY, CHAIRMAN/MAYOR of the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, who (check one) [ ] is personally known to me or [ ] has produced a Florida drivers license as identification. Notary Public, State of Florida My commission expires: Print Name: Page 2 of 2