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
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:MAYOR/CHAIRMAN
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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
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ATTEST:
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.aul R. Wick,
Executive Director
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APprov~ Lega ~ n~y
BY: ~~ "--
Cunningh , Albritton, Lenzi,
Warner, Miller & Erskine, P.A.
CONSERVATION EASEMENT
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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.
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(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
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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
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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:
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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
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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
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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.
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MONROE COUNTY LAND AUTHORITY
MONROE COUNTY
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BY: c ae Puto
Chairman
BY: John stormont
Mayor
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A'ITESI' : DANNY L. KOLHAGE, CLERK
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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"
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