Resolution 230-2022 2 �
3 / � °K ;
4
5
e �
6
7 MONROE COUNTY, FLORIDA
8 BOARD OF COUNTY COMMISSIONERS
9 RESOLUTION NO. 2 L-2022
10
11
12 A RESOLUTION OF THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS AUTHORIZING THE EXCHANGE
14 OF LANDS BETWEEN MONROE COUNTY AND THE STATE OF
15 FLORIDA FOR THE PURPOSES OF RESOLVING A BOUNDARY
16 DISPUTE AND ELIMINATING MULTIPLE ENCROACHMENTS.
17
18
19 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.01(1)(t),
20 Florida Statutes, Monroe County possesses the police powers to enact Resolutions in order to
21 protect the health, safety, and welfare of the County's citizens; and
22
23 WHEREAS, F.S. 125.37 specifically authorizes and sets forth the requirements for
24 exchanging county-owned real property for other real property; and
25
26 WHEREAS, F.S. 125.38 specifically authorizes and sets for the requirements for the
27 County to donate real property to another governmental or not for profit entity; and
28
29 WHEREAS,the property on which the Big Pine Key fire station and two Forestry Service
30 Houses are located adjoins state property currently leased by the state to the College of the Florida
31 Keys; and
32
33 WHEREAS,there are multiple encroachments along the property line; and
34
35 WHEREAS,it is in the best interests of the County to resolve the encroachments through
36 a land swap with the State; and
37
38 WHEREAS, County staff, College staff, Forestry staff, and State Lands staff have
39 collaborated to produce a land exchange agreement which would eliminate the encroachments and
40 result in all state agencies' buildings being on state land and all County buildings being on County
41 land; and
42
43 WHEREAS, it is in the best interests of the County and the State to exchange these lands
44 without cost to each other pursuant to the land exchange agreement attached hereto and
45 incorporated by reference herein as Exhibit A to this resolution.
46
Resolution 230 -2022 Page 1 of 2
1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
3
4 The County shall, by passage of this Resolution, approve the Exchange Agreement
5 attached to this Resolution. Title to one parcel of land ("Parcel One") shall be
6 transferred from Monroe County to the Board of Trustees of the Internal
7 Improvement Trust Fund of the State of Florida, and title to another parcel of land
8 ("Parcel Two") shall be transferred from the Board of Trustees of the Internal
9 Improvement Trust Fund of the State of Florida to Monroe County.This is intended
10 to, and will, result in all state agencies' buildings being located on state land and
11 all County buildings being located on County land. Each parcel of land shall serve
12 as consideration for the other. If the Division of State Lands determines that the
13 value of Parcel One is less than that of Parcel Two, the County will pay the
14 difference between the values as additional monetary compensation. However, if
15 the value of Parcel One is determined to be greater than the value of Parcel Two,
16 no monetary compensation shall be paid by either party.
17
18 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
19 Florida, at a regular meeting held on the 17 th day of August, 2022.
20_ c
21 _-, ;�°. _ Mayor David Rice Yes
22! �.�- Mayor Pro Tern Craig Cates Yes
23_ t— Commissioner Michelle Coldiron Yes
24 c Commissioner James K. Scholl Yes
251: Commissioner Holly Merrill Raschein Yes
26., , Y ..
2,7- _.
cam±
28 -- BOARD OF COUNTY COMMISSIONERS
29 r e C ? OF MONROE COUNTY, FLORIDA
30 17. Y3 .�
31 . E9' a
320 . E p BY
33 = MAYOR DAV CE
` �. • _ e
•
l
34
35 `. 4NTY 1r Ss,-
36 A YIN MADOK, CLERK MONROE COUNTY ATTORNEY'S OFFICE
37 Approved for form and legal sufficiency
38 ' Xr Robert B.Shillin er�°"-ceeu
39 Date:2on.ae.1e 153526 oarov
40 AS DF UTY CL 9
Robert B. Shillinger, County Attorney
Resolution 230 -2022 Page 2 of 2
Project:Monroe CountyBOT Exchange
EXCHANGE AGREEMENT
THIS EXCHANGE AGREEMENT ("Agreement") is made this day of 20 , between,
MONROE COUNTY, FLORIDA ("First Parry" or"County"), whose address is 500 WHITEHEAD STREET; KEY
WEST,FL 33040,and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA("Second Parry"or"Trustees"),whose address is 3900 Commonwealth Blvd.,Mail Station 115,
Tallahassee,Florida 32399-3000. Second Party's agent in all matters shall be the Division of State Lands of the State of
Florida Department of Environmental Protection("DSL"). In consideration of the mutual promises set out below, the
parties agree as follows:
1. PROPERTY TO BE EXCHANGED. First Party agrees to convey to Second Party the real property owned by
First Parry located in Monroe County,Florida, more fully described in Exhibit A("Parcel One"). Second Parry agrees
to convey to First Party the real property owned by Second Party located in Monroe County,Florida,more fully described
in Exhibit B ("Parcel Two"). Both parcels include all improvements, easements, appurtenances and hereditaments
pertaining to the property.
2.A. VALUATION OF PARCEL ONE. For purposes of the exchange to be effected under this Agreement, the
parties agree to a value for Parcel One of THREE HUNDRED THIRTY THOUSAND AND NO/100 DOLLARS
($330,000.00),subject always to adjustment as follows:If,prior to closing,DSL determines that the value of Parcel One
as agreed to hereinabove exceeds the maximum value of Parcel One as determined in accordance with Section 253.025,
Florida Statutes,or Section 259.041,Florida Statutes,as applicable, ("DSL Approved Value"),then the parties agree to
a value of Parcel One equal to the DSL Approved Value of Parcel One. The value of Parcel One maybe further adjusted
under other provisions of this Agreement.
2.13. VALUATION OF PARCEL TWO. For purposes of the exchange to be effected under this Agreement, the
parties agree to a value for Parcel Two of THREE HUNDRED THOUSAND AND NO/100 DOLLARS($300,000.00).
2.C. SETTLEMENT OF A DIFFERENCE IN VALUE. Settlement of a difference in value between the value of
Parcel One,as adjusted(if any adjustment is made as provided for in paragraph 2.A.,above)and the value of Parcel Two
as set forth in paragraph 2.B.,above,shall be made in the following manner:
(1). If at closing the value of Parcel One as set forth in paragraph 2.A.,above,as adjusted(if any adjustment
is made),is more than the value of Parcel Two as set forth in paragraph 2.B.,above,for the purposes of the exchange to
be effected under this Agreement the value of Parcel One will be reduced to the value of Parcel Two as set forth in
paragraph 2.13.above,and no monetary consideration shall be paid by Second Party.
(2). If the value of Parcel One as set forth in paragraph 2.A.,above,as adjusted(if any adjustment is made),
is less than the value of Parcel Two as set forth in paragraph 2.B.,above,First Parry will pay to Second Party at closing
an amount equal to the difference in the value of Parcel Two,as set out in paragraph 2.B.,above,and the value of Parcel
One,as set out in paragraph 2.A.,above,as adjusted(if any adjustment is made)
3.A. ENVIRONMENTAL SITE ASSESSMENT (ESA). First Party shall at Second Party's request and at First
Party's sole cost and expense and within 45 days of Second Party's execution of this Agreement furnish to DSL an
environmental site assessment of Parcel One that meets the standards and requirements of DSL. The cost and expense
of the ESA shall be paid by the First Party even if this Agreement does not close. First Parry shall use the services of
an environmental consultant currently under contract with the State of Florida Department of Environmental
Protection to determine the existence and extent, if any,of Hazardous Materials on Parcel One. For purposes of this
Agreement"Hazardous Materials" shall mean any hazardous or toxic substance,material or waste of any kind or any
other substance which is regulated by any Environmental Law (as hereinafter defined in paragraph 3.13.). The
environmental site assessment shall be certified to Second Parry and the date of certification shall be within 180 days
BLA-104,Revised 05/11/15
i
before the date of closing,unless this 180 day time period is waived by DSL.By mutual agreement,the parties waive
this Article 3.A. requirement.
3.13. HAZARDOUS MATERIALS. If the environmental site assessment provided for in paragraph 3.A. confirms
the presence of Hazardous Materials on Parcel One,either party,at its sole option,may elect to terminate this Agreement
and neither party shall have any further obligations under this Agreement. Should neither party elect to terminate this
Agreement, First Party shall, at First Party's sole cost and expense and prior to closing, promptly commence and
diligently pursue any assessment, clean up and monitoring of Parcel One necessary to bring Parcel One into full
compliance with Environmental Law to DSL's satisfaction, in its sole discretion. "Environmental Law" means all
federal, state and local laws, including statutes, regulations, ordinances, codes, rules,judgments, orders, decrees,
permits, concessions, grants, franchises, licenses, agreements and other governmental restrictions relating to the
protection of the environment or human health, welfare or safety, or to the emission, discharge, seepage, release or
threatened release of any contaminant, chemical, waste, irritant, petroleum product, waste product, radioactive
material, flammable or corrosive substance, explosive, polychlorinated biphenyl, asbestos, hazardous or toxic
substance, material or waste of any kind into the environment, including, without limitation, ambient air, surface
water, ground water, or land including,but not limited to, the Federal Solid Waste Disposal Act, the Federal Clean
Air Act,the Federal Clean Water Act,the Federal Resource and Conservation and Recovery Act of 1976,the Federal
Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Superfund
Amendments and Reauthorization Act of 1986, Chapters 161, 253, 373, 376 and 403, Florida Statutes,Rules of the
U.S. Environmental Protection Agency, Rules of the State of Florida Department of Environmental Protection, and
the rules of the Florida water management districts now or at any time hereafter in effect. If Hazardous Materials
placed on Parcel One prior to closing are discovered after closing,First Party shall remain obligated hereunder,with such
obligation to survive the closing and delivery and recording of the deed described in paragraph 7.of this Agreement and
Second Party's possession of Parcel One,to diligently pursue and accomplish the clean up of Hazardous Materials in a
manner consistent with all applicable Environmental Law, without institutional or engineering controls, and at First
Party's sole cost and expense.
Further, if neither party elects to tenuinate this Agreement as provided above, First Party shall indemnify and save
harmless and defend Second Party,its officers,servants,agents and employees from and against any and all claims,suits,
actions,damages,liabilities,expenditures or causes of action of whatsoever kind arising from Hazardous Materials placed
on Parcel One prior to closing whether the Hazardous Materials are discovered prior to or after closing. First Party shall
defend, at First Party's sole cost and expense, any legal action, claim or proceeding instituted by any person against
Second Party as a result of any claim, suit, or cause of action for injuries to body, life, limb or property for which
Hazardous Materials placed on Parcel One prior to closing are alleged to be a contributing legal cause. First Party shall
save Second Party harmless from and against all judgments,orders,decrees,attorney's fees,costs,expenses and liabilities
in and about any such claim, suit,investigation or defense thereof,that may be entered,incurred or assessed as a result
of the foregoing.
The limitation herein on First Party's contractual obligation to indemnify Second Party as specified in this paragraph
3.13. shall not be construed to limit First Party's legal liability under any Environmental Law for Hazardous Materials
located on Parcel One or to limit Second Party's legal and equitable remedies against First Party under any
Environmental Law for Hazardous Materials located on Parcel One. By mutual agreement, the parties waive this
Article 3.13. requirement.
4. SURVEY. Second Party acknowledges that First Party obtained at First Party's sole cost and expense and
delivered to Second Party a current boundary survey of Parcel One and Parcel Two meeting the standards and
requirements of DSL and prepared by a professional surveyor and mapper licensed by the State of Florida("Survey").
First Party waives the requirement that the Survey shall be certified within 90 days before the date of closing. If the
Survey shows any reduction in acreage from the appraised acreage of Parcel One, any encroachment on Parcel One,
or that improvements intended to be located on Parcel One encroach on the land of others,the same shall be treated
as a title defect.
First Party acknowledges that First Party has already delivered to Second Party a current boundary survey of Parcel
Two meeting the standards and requirements of DSL and prepared by a professional surveyor and mapper licensed by
the State of Florida("Survey"). It is First Party's responsibility to ensure that the surveyor and mapper contacts the
Bureau of Survey and Mapping in DSL prior to the commencement of the Survey regarding DSL's standards and
BLA-104,Revised 05/11/15
2
requirements. First Party waives the requirement that the Survey shall be certified within 90 days before the date of
closing unless this 90 day time period is waived by DSL.
5. TITLE INSURANCE. First Party shall at First Party's sole cost and expense and within 30 days of Second
Party's execution of this Agreement furnish to DSL a marketable title insurance commitment, to be followed by an
owner's marketable title insurance policy (ALTA Form "B" with Florida revisions)from a title insurance company
currently under contract with the State of Florida Department of Environmental Protection insuring marketable title
of Second Party to Parcel One in an amount equal to the value of Parcel One as set forth in Paragraph 2.A.,above,as
adjusted(if any adjustment is made). First Party shall require that the title insurer delete the standard exceptions of
such policy referring to: (a)all taxes, (b)unrecorded rights or claims of parties in possession, (c) survey matters, (d)
unrecorded easements or claims of easements, and(e)unrecorded mechanics'liens. The cost and expense of the title
insurance commitment shall be paid by the First Party even if this Agreement does not close.
6. DEFECTS IN TITLE. First Party shall,within ninety (90)days after notice from DSL,remove all defects in
title to Parcel One. First Party agrees to use diligent effort to correct the defects in title within the time provided therefor,
including the bringing of necessary suits. If First Party is unsuccessful in removing the title defects within said time,
Second Party shall have the option to either: (a)accept the title as it then is with no reduction in the value of Parcel One,
(b)extend the amount of time within which First Party may remove the defects in title, (c)cut out the affected portion
of Parcel One and reduce the value of Parcel One by an amount equal to the product of the per-acre value of Parcel
One for the acres being cut out,multiplied by the acreage cut out,or(d)terminate this Agreement,thereupon releasing
the parties hereto from all further obligations under this Agreement. If First Party fails to make a diligent effort to remove
the title defects,First Party shall be in default and the provisions of paragraph 16.of this Agreement shall apply.
6.1. INSPECTION PERIOD FOR PARCEL TWO AND RIGHT TO CANCEL. First Party shall have 60 days from
Second Party's execution of this Agreement(the"inspection period")within which to have such inspections of Parcel
Two performed as First Party shall desire. First party shall be responsible for prompt payment for such inspections and
repair of damage to and restoration of Parcel Two resulting from such inspections. This provision shall survive
termination of this Exchange Agreement. If First Party determines,in First Party's sole discretion,that Parcel Two is not
acceptable to First Party,First Party may cancel this Exchange Agreement by delivering written notice of such election
to Second Party on or before expiration of the inspection period,and the parties shall be released of all further obligations
under the provisions of this Exchange Agreement except as provided in this paragraph 6.1. Unless First Party exercises
the right to cancel granted herein,First Party accepts Parcel Two in its present physical condition,subject to any violation
of governmental building, environmental, and safety codes, restrictions, or requirements, and subject to easements,
reservations,restrictions and other interests of record or that may have been disclosed by a survey of Parcel Two. Second
Party extends and intends no warranties or representations concerning Parcel Two.
7. INTERESTS CONVEYED. At closing,First Party shall execute and deliver to Second Party a quitclaim deed
in accordance with Section 125.411,Florida Statutes,for Parcel One subject to easements,reservations,restrictions and
other interests of record. First Party extends and intends no representations or warranties of any kind regarding Parcel
One. Second Party acknowledges that First Party's conveyance shall be in"as is"condition. At closing, Second Party
will execute and deliver to First Party a quitclaim deed for Parcel Two subject to easements,reservations,restrictions and
other interests of record. Second Party extends and intends no representations or warranties of any kind regarding Parcel
Two. First Party acknowledges that Second Party's conveyance shall be in"as is"condition. Neither party shall reserve
any phosphate,minerals,metals or petroleum interests.
8. PREPARATION OF CLOSING DOCUMENTS.Upon execution of this Agreement,First Party shall submit
to Second Party a properly completed and executed beneficial interest affidavit and disclosure statement as required
by Sections 286.23, 375.031(1) and 380.08(2), Florida Statutes. Second Party shall prepare the deeds described in
paragraph 7. of this Agreement, Second Party's and First Party's closing statements and the title, possession and lien
affidavit for Parcel One certified to Second Party and title insurer and an environmental affidavit for Parcel One on DSL
forms provided by DSL.
9. DSL'S REVIEW FOR CLOSING. DSL will approve or reject each item provided by First Party under this
Agreement. First Party will have 30 days thereafter to remove and resubmit any rejected items. If First Party fails to
timely deliver any item or DSL rejects any item after delivery,Second Party may in its discretion extend the closing date.
BLA-104,Revised 05/11/15
3
10. EXPENSES. First Party will pay the documentary revenue stamp tax and all other taxes or costs associated
with this transaction,except as otherwise specified in this Agreement. First Party shall also pay the cost of recording the
deeds required by paragraph 7. of this Agreement and any other recordable instruments that DSL deems necessary to
assure good and marketable title to Parcel One.
It TAXES AND ASSESSMENTS. At closing, First Party shall satisfy any applicable real estate taxes and
assessments of record that are or that may become a lien against Parcel One. If Second Parry acquires fee title to Parcel
One between January 1 and November 1,First Party shall, in accordance with Section 196.295,Florida Statutes,place
in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer,based upon
the current assessment and millage rates on Parcel One. If Second Party acquires fee title to Parcel One on or after
November 1,First Party shall pay to the county tax collector an amount equal to the taxes that are determined to be legally
due and payable by the county tax collector. Since both Parties are tax exempt,this section merely confirms that each
party will be responsible for any applicable taxes or assessments of record.
12. CLOSING PLACE AND DATE. The closing shall be on or before 120 days after Second Party's approval of
this Agreement. If a defect exists in the title, title commitment, Survey or environmental site assessment as to Parcel
One,or in any other documents required to be provided or completed and executed by First Party,however,the closing
shall occur either on the original closing date or within 60 days after receipt of documentation removing the defects,
whichever is later. Second Party shall set the date,time and place of closing.
13. RISK OF LOSS AND CONDITION OF PARCELS. Each party assumes all risk of loss or damage to that
party's parcel prior to the date of closing and agrees that each party's parcel shall be transferred and conveyed to the other
party in the same or essentially the same condition as of the date of execution of this Agreement,ordinary wear and tear
excepted. If between the date this Agreement is executed by the parties and the date of closing the condition of either
parcel as it existed on the date this Agreement is altered by an act of God or other natural force beyond the control of the
parties,the party who is to receive the altered parcel may elect,at said recipient's sole option,to terminate this Agreement
and neither party shall have any further obligations under this Agreement. First Party represents and warrants that there
are no parties other than the First Party in occupancy or possession of any part of Parcel One. First Party warrants that
there are no facts known to First Parry materially affecting the value of Parcel One that are not readily observable by
Second Parry or which have not been disclosed to Second Party.
All wells located on Parcel One shall be duly abandoned at the First Party's sole cost and expense prior to closing
unless this requirement is waived by DSL in writing. First Party warrants that any billboards on Parcel One shall be
removed prior to closing.
First Party agrees to clean up and remove all abandoned personal property, refuse, garbage,junk, rubbish,trash and
debris (hereafter,"trash and debris")from Parcel One to the satisfaction of DSL prior to closing. If First Party does
not remove all trash and debris from Parcel One prior to closing, Second Party, at its sole option, may elect to: (a)
collect from First Party the estimated expense necessary to remove trash and debris from Parcel One and proceed to
close,with the Second Party incurring any additional expenses necessary to remove all trash and debris and clean up
of Parcel One subsequent to closing, (b)extend the amount of time First Party has to remove all trash and debris from
Parcel One,or(c)terminate this Agreement,and neither party shall have any further obligations under the Agreement.
14. RIGHT TO ENTER AND POSSESSION. Each party agrees that from the date this Agreement is executed by
the parties, officers, attorneys and duly authorized agents of each party,upon reasonable notice, shall have at all times
the right and privilege of entering the other party's parcel for all lawful purposes in connection with the this Agreement.
Each party shall deliver possession of that party's parcel to the other party at closing.
15. ACCESS. First Party warrants that there is legal and practical ingress and egress for Parcel One over public
roads or valid,recorded easements for the use and benefit of and as an appurtenance to Parcel One.
16. DEFAULT. If First Party defaults under this Agreement, Second Party may waive the default and proceed to
closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each without
waiving any action for damages or any other remedy permitted by law or in equity resulting from First Party's default.
BLA-104,Revised 05/11/15
4
17. BROKERS. First Party warrants that no persons,firms,corporations or other entities are entitled to a real estate
commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the
disclosure statement required in paragraph 8. First Party shall indemnify and hold Second Party harmless from any and
all such claims,whether disclosed or undisclosed.
18. RECORDING. This Agreement,or notice of it,may be recorded by Second Party in the appropriate county or
counties.
19. ASSIGNMENT. This Agreement may not be assigned without the prior written consent of the other party.
20. TIME. Time is of essence with regard to all dates or times set forth in this Agreement.
21. SEVERABILITY. If any of the provisions of this Agreement are deemed to be unenforceable and the
unenforceability of said provisions does not adversely affect the purpose and intent of this Agreement, in Second
Party's sole discretion,the enforceability of the remaining provisions of this Agreement shall not be affected.
22. SUCCESSORS IN INTEREST. This Agreement shall bind and inure to the benefit of the parties and their
respective heirs,legal representatives and successors. Whenever used,the singular shall include the plural and one gender
shall include all genders.
23. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the
subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and
understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless
executed in writing by the parties. Notwithstanding the foregoing, the parties acknowledge that the legal description
contained in Exhibit"A"was prepared based upon historic chain of title information, without the benefit of a current
survey of Parcel One. The parties agree that if, in the opinion of DSL, it becomes necessary to amend the legal
description of Parcel One to correct errors, to more properly describe the parcel, to cut out portions of the parcel
affected by title defects unacceptable to Second Party or that cannot be timely removed by the First Party, or to
otherwise revise the legal description of Parcel One,the legal description to be used in the Survey (if any)and in the
closing instruments required by this Agreement for Parcel One shall be revised by or at the direction of DSL,and shall
be subject to the final approval of DSL. Anything to the contrary hereinabove notwithstanding, such a revision of the
legal description of Parcel One shall not require a written amendment to this Agreement. In such event, the First
Party's execution and delivery of the closing instruments containing the revised legal description and the Second
Party's acceptance of said instruments and of the final Survey (if airy) containing the revised legal description shall
constitute a full and complete ratification and acceptance of the revised legal description of Parcel One by the parties.
First Party acknowledges that the Trustees have made various delegations of power for the purpose of land acquisition,
and not all representatives of the Trustees or the DSL have authority to act in all situations. Consequently, this
Agreement may be terminated by the Trustees pursuant to any provision therefor contained in this Agreement only in
writing signed by the person or persons who signed this Agreement on behalf of the Trustees or that person's
successor.
24. WAIVER. Failure of Second Party to insist upon strict performance of any covenant or condition of this
Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the
future of any such covenant,condition or right;but the same shall remain in full force and effect.
25. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall
not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto and
approved by or on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.
26. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this
Agreement.
27. NOTICE. Whenever a party desires or is required to give notice unto the other,it must be given by written
notice, and either delivered personally, transmitted via facsimile transmission, mailed postage prepaid, or sent by
BLA-104,Revised 05/11/15
5
overnight courier to the appropriate address indicated on the first page of this Agreement,or such other address as is
designated in writing by a parry to this Agreement.
28. SURVIVAL. The covenants,warranties,representations,indemnities and undertakings of First Parry set forth
in this Agreement shall survive the closing, the delivery and recording of the deed described in paragraph 7. of this
Agreement for Parcel One and Second Parry's possession of Parcel One.
29. CERTIFICATION REGARDING TERRORISM. First Parry hereby certifies that to the best of First Parry's
knowledge,after making all appropriate inquiries,First Party is in compliance with,and shall use Parcel Two,as well as
any funds derived from the exchange of Parcel One for Parcel Two in compliance with all applicable anti-terrorism laws,
regulations, rules and executive orders, including but not limited to, the USA Patriot Act of 2001, 18 U.S.C. sections
2339A-C,and U.S.Presidential Executive Orders 12947 and 13224.
IF FIRST PARTY DOES NOT EXECUTE THIS AGREEMENT ON OR BEFORE AUGUST 31,2022, SECOND
PARTY SHALL BE UNDER NO OBLIGATION TO ACCEPT THIS AGREEMENT. SECOND PARTY'S
EXECUTION OF THIS AGREEMENT IS SUBJECT TO APPROVAL BY THE BOARD OF TRUSTEES
OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA. SECOND PARTY'S
DUTY TO PERFORM HEREUNDER IS CONTINGENT ON: (1) CONFIRMATION THAT THE VALUE OF
PARCEL ONE IS NOT IN EXCESS OF THE DSL APPROVED VALUE FOR PARCEL ONE, AND (2)
DSL APPROVAL OF ALL DOCUMENTS TO BE FURNISHED HEREUNDER. THE STATE OF FLORIDA'S
BLA-104,Revised 05/11/15
6
PERFORMANCE AND OBLIGATION TO PAY UNDER THIS AGREEMENT IS CONTINGENT UPON AN
ANNUAL APPROPRIATION BY THE FLORIDA LEGISLATURE AND UPON THE FUNDING OF THE
APPROPRIATION THROUGH THE ISSUANCE OF FLORIDA FOREVER REVENUE BONDS BY THE STATE
OF FLORIDA OR OTHER FUNDING AS PROVIDED BY THE LEGISLATURE.
THIS IS INTENDED TO BE A LEGALLY BINDING AGREEMENT. IF NOT FULLY UNDERSTOOD,SEEK THE
ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
FIRST PARTY
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY,FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
Date
(SEAL)
Approved as to form and legal sufficiency for
reliance by Monroe County only by
Monroe County Attorney Robert B. Shillinger. SECOND PARTY
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE OF
FLORIDA
BY DIVISION OF STATE LANDS OF THE STATE
OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
BY:
Witness as to Second Party NAME:
AS ITS:
Witness as to Second Party
Date signed by Second Parry
Approved as to Form and Legality
By:
Date:
BLA-104,Revised 05/11/15
STATE OF )
COUNTY OF )
The foregoing instrument was acknowledged before me by means of [_] physical presence or [j
online notarization this day of 20 by Such person(s)
(Notary Public must check applicable box):
[ ] is/are personally known to me.
[ ] produced a current driver license(s).
[ ] produced as identification.
(NOTARY PUBLIC SEAL)
Notary Public
(Printed,Typed or Stamped Name of
Notary Public)
Commission No
My Commission Expires:
Approved by BOCC on 17 AUG 2022
STATE OF FLORIDA )
COUNTY OF LEON )
The foregoing instrument was acknowledged before me by means of[j physical presence or[j online
notarization this day of , 20 by Callie DeHaven, Director, Division of State
Lands, the State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me.
(NOTARY PUBLIC SEAL)
Notary Public
(Printed,Typed or Stamped Name of
Notary Public)
Commission No.:
My Commission Expires:
BLA-104,Revised 05/11/15
s
EXHIBIT"A"
LEGAL DESCRIPTION
PARCEL ONE
A parcel of land located in the East%of the Northwest% of Section 26,Township 66 South, Range 29
East, on Big Pine Key, Monroe County, Florida, and being more particularly described as follows:
Commencing at the intersection of the West line of the East%to the Northwest% of Section 26,
Township 66 South, Range 29 East and the Southwesterly Right of Way line of State Road 940 (also
known as Key Deer Boulevard);thence South 1°3'34"West and along the said West Line of the East%of
the Northwest% of Section 26,Township 66 South, Range 29 East,for a distance of 343.55 feet to a
point;thence South 88°56'26" East for a distance of 44.30 feet to a point;thence North 1°3'34" East for
a distance of 26.90 feet to a point;thence South 88°56'26" East for a distance of 21.50 feet to a point;
thence North 1°3'34" East for a distance of 210.03 feet to the Southwesterly Right of Way line of State
Road 940 (also known as Key Deer Boulevard);thence North 30°37'16"West along the said
Southwesterly Right of Way line of State Road 940 (also known as Key Deer Boulevard)for a distance
125.28 feet back to the POINT OF BEGINNING. Said Parcel of Land contains 18,518.67 square feet, more
or less.
9
EXHIBIT"B"
LEGAL DESCRIPTION
PARCEL TWO
A parcel of land located in Northeast% of the Northwest%of the Northwest%of Section 26,Township
66, Range 29 East, on Big Pine Key, Monroe County, Florida, and being more particularly described as
follows:
Commencing at the intersection of the West line of the East%of the Northwest%of Section 26,
Township 66 South, Range 29 East and the Southwesterly Right of Way line of State Road 940 (also
known as Key Deer Boulevard);thence South 0°3'34"West and along the said West line of the East%of
the Northwest%of Section 26,Township 66 South, Range 29 East, for a distance of 343.55 feet to the
POINT OF BEGINNING of the parcel of land hereinafter described; thence continue south 1°3'34" West
and along the said West line of the East%of the Northwest%of Section 26,Township 66 South, Range
29 East,for a distance of 113.13 feet to a point on the South line of the Northeast%of the Northwest
of the Northwest%of Section 26,Township 66 South, Range 29 East; thence North 88°57'26" West
along the said South line of the Northeast%of the Northwest%of the Northwest%of Section 26,
Township 66 South, Range 29 East for a distance of 150.00 feet to a point; thence North 1'3'34" East for
a distance of 113.17 feet to a point; thence South 88'56'26" East for a distance of 150.00 feet back to
the POINT OF BEGINNING. Said parcel of land contains 16,972.23 square feet, more or less.
DABTNL ° 11u�v 2
10
�,�h,-suet cawrtr,p }
a m
Kevin Madok, cpA
Clerk.Of the Circuit Court& Comptroller Monroe County, Florida
''g4iC a&}tYH'i
DATE: August 30, 2022
TO: Kevin Wilson
Assistant County Administrator
ATTN: Suzanne Rubio
Executive Administrator
FROM: Liz Yongue, Deputy Clerk
SUBJECT: August 17th BOCC Meeting
Attached is a copy the following item,which has been executed:
P5 Resolution No. 230-2022 approving an Agreement with the State of Florida to
exchange lands on Big Pine Key to eliminate multiple encroachments along the boundaries of the
Big Pine Key Fire Station and former Road Prison, and authorizing the Mayor to execute this
agreement and all documents related to the subject exchange.
The Exchange Agreement, attached, has been sent to the State for further execution, and
will be added to the Official Record once it has been received.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: Cotmty Attorney_
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070