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K. GMD bad scanBOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ling Date:_ January 15, 2003 Division: Growth Mana Item: Yes X No Department: Growth Manag ND A ITEM WORDING: Approval of contract with Calvin, Giordano & Associate lete the Geographic Information System (GIS) Zoning Project. i BACKGROUND: Zoning is currently available on paper maps, which are old and ain. The above referenced project will provide parcel -based zoing in a seamless digit Vill enable staff to access and map zoning data using the County" existing Geographi, cation System (GIS). A Request For Proposal �t 9, 2002. (RFP) was issued by Monroe County 1 'In ITQ Dr. xmmy - -- ---- _-- . • 1•Lru.1 nuk-U ACTION: Approve staff recommendation of Calvin, ( ates, Inc. to complete the Geographic Information System (GIS) Zoning Project and >tiate a contract. November 20, 2002 RACT/AGREEMENT CHANGES: ' RECOMMENDATIONS: COST: $44,770.00 BUDGETED: Yes X No 'O COUNTY: $44,770.00 SOURCE OF FUNDS: fund balance sta UE PRODUCING: Yes _ No X AMOUNT PER MONTH N/A Year_ VED BY: County Atty X OMB/Pur ng X11sk M k1kT l� A _; I anagement X MONROE COUNTY BOARD OF COUNTY COMMISSIONERS KACT SUMM Ry :ontract with ElContract # Effective Date: 'ontract Purpose/Description: Expiration Date: c )ntract Manager: (Ext.) (Departmen Stop BOCC meeting on JA^/ /S 100 3 Agenda Deadline:ZD,OL CONTRACT COSTS :al Dollar Value of Contract: $ igeted? Yes® No 70 Current Year Portion: $ f%�O nt: $ ❑ Acco t Codes: ��{� inty Match: mated Ongoing Costs: $ ADDITIONAL COSTS --- included in dollar value above/yr For: (eg. maintenance, utilities, janitorial, salaries, etc.) Changes ra'I�VyesFj Needed pion Director No[-" Management ,),.! 10 -yeS❑ No[ - Da ZONING PRO ECT HIS CONTRACT is entered into by MONROE COUNTY, a ibdivision of the State of Florida, whose address is the Marathon Go, �nter, 2798 Overseas Highway, Marathon, Florida 33050, hereafter the d Calvin, Giordano & Associates, Inc., whose address is 1800 Eller Dri, 0, Fort Lauderdale, Florida, hereafter CGA. ction 1. CGA and the County, for the consideration named agree as fol 1. CGA will develop a ESRI ArcGIS 8.x parcel based zoning feature seamless zoning feature classs, a zoning database, and a ArcMAP ii zoning maintenance tool. '.. Zoning feature classes will include all areas of unincorporated b County. Areas considered to be incorporated and not included Village of Islamorada, Layton, Key Colony Beach, Marathon ani West. Zoning designation boundaries will extend to street centerlines. CGA will ('jP.VPIn,, v;�.. , % . - C. Modify attribute information for zoned areas. D. Standardize symbolization of zoned areas. E. Support multi-user updates. F. Support standard zoning map products. 5. The parcel level zoning feature class and the overall seamless zonin class will be provided to the County for review and quality cont, area by area basis. The County will inform CGA of any inacc Revisions will be completed in a timely manner and returned to the "tion 2. The deliverable product will include the following. 1. GIS feature class of the overall seamless zoning in State Plane Co( System NAD83 FIPSZone 901 Feet. Individual parcels assigned with zoning designation in State Coordinate System NAD83 FIPSZone 901 Feet. Zoning Toolbar. Tasks include splitting existing zones, combining: e zones, creating new zones, and modifying existing zone attributes. A. Zoning Split Tool F. On -Site Visit to install and instruct G. Source Code ection 3. The County will provide all existing digital zoning, parcel, use data with tabular updates, map sheets, DOQQ's and any and information, as needed, to complete the project. ction 4. CGA will complete the zoning project within the ninety-( frame required by the County. CGA will begin work on theJro'c P receipt of authorization to commence. :tion 5. Upon completion of all work described above and provisiol deliverable products to the County, the County agrees to pay CGA th ;um amount of $44,770.00. tion 6. CGA warrants that it has not employed, retained, or otherwise ►n its behalf an former County officer or employee subject to the prohibi section 2 of Ordinance No. 010-1990 or any County officer or emP to iolation of Section 3 of Ordinance No. 020-1990. For breach or violat [is provision, the County, in its discretion, may terminate this Cr ection 7. A person or affiliate who has been placed on the convicted v following a conviction for public entity crime may not submit a contract to provide any goods or services to a public entity, may not bid on a contract with a public entity for the construction or repair o p f building or public work, may not perform work as a contractor, subcontractor, or consultant under contract with any public entity, and transact business with any public entity in excess of the threshold Provided in Section 287.017 of the Florida Statutes, for the Category tv period of 36 months from the date of being placed on the convicted vend tion S. All communication between the parties should be throw ollowing individuals or their designees: iro_ e_ rge Harper, GIS Administrator vth Management Division Overseas Highway, Suite 400 ithon, FL 33050 Calvin Giordano &Associates Hector Perez, GIS Coordinator 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 on 9. This Contract takes effect on the date of the signature of the last sign. ection I. IN WITNESS WHEREOF each party hereto has cats greement to be executed by its duly authorized representative. EAL) test: DANNY L. KOLHAGE, CLERK Deputy Clerk ,AL) 11st: ROVED AS TO FORM AND AL SUFFICIENCY 0 ORN S OFFICE BOARD OF COUNTY COMMIS; OF MONROE COUNTY, FLORII Mayor/Chairman Calvin, Giordano & Associates, Inc, By_ Title BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ting Date:_ January 15, 2003 Division: Growth Management Item: Yes X No Department: Plannin ND A ITEM WORDING: Approval for the Growth Management Division to solicit )sals to hire consultant firms to prepare a Corridor Area Enhancement Plan for the Tavernie )roximately Mile Marker 97/ US 1. t BACKGROUND: In order to continue the implementation of the Liveable Communikey iplementation of the Florida Keys Scenic Highway Corridor Management Plan and Ove t is necessary to analyze methods and alternatives to public/private property improvements quality of the viewshed along US 1 from Tavernier Creek Bridge to approximately Mile 1 y bicycle and pedestrian improvements. rowth Management Division proposes to utilize the services of a qualified landscape arch and planning firm(s) to prepare the Plan. The preparation of the Plan will include a public and input and recommendations from the Florida Keys Scenic Highway Advisory Group (l rowth Management Division will solicit a Request for Proposals (RFP) from qualifiE tant Selection Committee, consisting of three representatives from the Growth Management wo representatives from FDOT, will review written responses, interview the top respol lend the top ranked firm to the Board of County Commissioners for approval. OUS RELEVANT BOCC ACTION: tACT/AGREEMENT CHANGES: N/A RECOMMENDATIONS: Approval. COST: $35-50,000 BUDGETED: Yes 3( No O COUNTY: $10,000 SOURCE OF FUNDS: 2010 Comr _ JE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A Year County of Monroe rowth Mana4ement Division �98 Overseas Highway ute 400 arathon, Florida 33050 lice: (305) 289-2500 X: (305) 289-2536 'bruary 18, 2003 Perspective Respondents: Request for Proposals (RFP) for — Board of County Commissi, Mayor Dixie spehar, Dist. 1 Mayor Pro Tem Murray Nel Comm. Charles "Sonny" Mc Comm. George Neugent, Di,, Comm. David P. Rice, Dist. 4 PROFESSIONAL SERVICES TO PREPARE A CORRIDOR AREA ENHANCEMENT PLAN FOR [E TAVERNIER CREEK BRIDGE TO APPROXIMATELY MILE MARKER FOR MONROE COUNTY [FLORIDA KEYS] We are pleased that you have shown an interest in assisting Monroe County in >repare an Area Enhancement Plan for the Tavernier Creek Bridge to approximal •ker 97/ US 1 Corridor area. Our target respondents are landscape architecture, urban design and plannin )ondents should be experienced in community design charrettes, provid /pedestrian trail improvements, transportation planning, creating "Mainstreets" and ti ysis and visualization of issues/constraints/opportunities and the graphic depii native feasible solutions. The respondents should have demonstrable successful ex] )leting similar implemented endeavors. The County is seeking qualified, objective borative groups that have the ability to understand the unique issues of the Tavernic ;e to approximately Mile Marker 97 Corridor area as applied to the provision of at nunity and circulation enhancements. The RFP Review Committee and the Board of County Commissioners (BOCC trd to your participation in this effort. hed are: The County has assembled a Request For Proposal Committee consistin ppresentatives of the Growth Management Division and up to two representatives of epartment of Transportation. Responses will be opened officially on April 11, 2003. The RFP Review Corn] ,et as soon after that as possible to begin a review of the proposals. Review will be April 16, 2003 and results of the review recommending the three most qualified fin )orted to the BOCC at it's May 21, 2003 meeting. A negotiated contract for servic gotiated with the firm selected by the BOCC, and the contract shall be presented to 1 its June 18, 2003 meeting. The project would begin approximately June 19, 2003. look forward to your response. Sincerely, Timothy J. McGarry, AICP Director of Growth Management NOTICE OF CALLING FOR BIDS fOTICE IS HEREBY GIVEN TO PROSPECTIVE BIDDERS that on April 11, 200 M the Monroe County Purchasing Office will open sealed bids for the following: PROFESSIONAL SERVICES TO PREPARE A TAVERNIER CREEK BRIDGE TO APPROXIMATELY MILE MARKER 9 CORRIDOR AREA ENHANCEMENT PLAN FOR MONROE COUNTY [FLORIDA KEYS] ecifications may be requested from DemandStar by Onvia by calling 1-800-711-1 ing to the website www.demandstar.com OR www.co.monroe.fl.us. The Director magement at 305/289-2500 should receive technical questions, no later than March 2 lders must submit (7) signed originals and one (1) complete co py of h bid ir 7elope marked on the outside, "Sealed Bid for PROFESSIONAL cSERVI4 SPARE A TAVERNIER CREEK BRIDGE TO APPROXIMATELY MILE M US 1 CORRIDOR AREA ENHANCEMENT PLAN FOR MONROE C ,ORIDA KEYS] addressed and delivered either by person or by mail, preferably b very, registered mail to: Purchasing Office 1100 Simonton Street, Room 2-213 Key West, FL 33040 bids must be received by the County Purchasing Office before 11:00 AM, A 3. Any bids received after this date and time will be automatically rejected. F iled bids will also be automatically rejected. )ids must remain valid for a period of ninety (90) days. The Board will automatical. )id of any person or affiliate who appears on the convicted vendor list prepared Lrtment of General Services, State of Florida, under Sec. 287.133(3)(d), FS (1997). )ids, including the recommendation of the County Administrator and the req rtment Head, will be presented to the Board of County Commissioners of Monroe la, for final awarding or ntherwivP Tho REQUEST FOR PROPOSALS PROFESSIONAL SERVICES TO PREPARE A TAVERNIER CREEK BRIDGE TO APPROXIMATELY MILE MARKEF US-1 CORRDIOR AREA ENHANCEMENT PLAN troduction e Planning Department of Monroe County, Florida invites firms to submit pre velop an area enhancement plan for the US-1 corridor from Tavernier Creek )roximately Mile Marker 97 (herein after referred to as "the planning area"). The firr ill provide planning, design services, and conduct a community charrette to analyze i alternatives to public and private property improvements to enhance the visual qua: dscape along US-1 and identify bicycle and pedestrian improvements. The :)mmendations are to be developed and considered in the context of the Florida Ke, ,hway Corridor Management Plan and the Overseas Heritage Trail. Issues to be 11 include visual enhancement, bicycle and pedestrian safety, appropriate lscaping, lighting, signage and general aesthetics, and identification and enhancemc fining area's "sense of place." The exercise shall result in graphic alto ►mmendations of the development of specific land development regulations nec( litate and maintain improvements and community character, recommendations to 'cle and pedestrian access throughout the planning area and an implementation pl lest for proposals (RFP) contains background information regarding the project, h )roject scope, indicates proposal requirements, and outlines selection procedures. ,mier Creek Bridge is the separating boundary from unincorporated Monroe County age of Islands in Islamorada, Florida at Mile Marker 91. The planning area award to just beyond Mile Marker 97. This planning area is defined as Tavernic ;e to approximately Mile Marker 97 as part of the Monroe County Livable Comm, ram. (See Existing Conditions Report for Planning Area as Exhibit A.) The lation in this area is 4,586 residents. Of the 3,418 dwelling units the planning area, 1 anal units. Therefore, approximately 42 percent of the residents of the planning r weekend or winter residents. argest commercially developed "district" in the planning area extends from Tavemie ;e (MM91) to annroximntely xara o,) c >mmercial center located at the north end of Tavernier Creek Bridge, at the begun anning area. om MM 92.5 to MM 93.5, there is a mixture of commercial/residential uses. The r e land on the eastern side of US-1 from MM 93.5 to MM 95 is state-owned, and on t; le the parcels are of various ownership, but of sensitive habitat, thus making i ildable for commercial or residential uses. ginning at approximately MM 95, the parcels along US-1 are mostly residential v ittered commercial parcels. The planning area ends just beyond MM97 in an area r some as a "greenbelt" or more sensitive hammock that divides the north and sot es with the residential parcels on the eastern and western sides of the highway. four -lane highway is not separated by a median throughout the entire planning p of planning area Exhibit B) Within the planning area, there are three areas, from 5 that the four -lane highway is separated by commercial development in the median. ycling and walking are a vital part of life in the Keys. The existing bike path, whic of the Overseas Heritage Trail (OHT) project, extends from Tavernier Creek Brid north bound lane (east) to Mile Marker 97, at which point the path crosses L ;inues onto the south -bound lane (west). The OHT is envisioned to be widened by 1 ►mmodate two-way traffic. Adequate right of way is not available for a safe width o yet in the commercial district (Mile Marker 91-92.5). In this area, designs are uating the use of the west side to provide a facility for two-way traffic. Envirc traints may reduce the width in some areas to eight feet. Regardless, provision of a )oth sides of the highway is necessary to support the access between reside n rnercial land use. Safety hazards, potential trail rest stops, and opportunities for acce; lements that will also be evaluated for improvements. essful efforts have been accomplished to date that will provide a solid foundation an( eta on which to move forward with the design charrette. The LCP spent considerat ;menting an outreach program to facilitate the community's development of a visit opment of the vision required a number of public workshops and several surve, :s of the surveys and workshops provide a good understanding the "will" of the corm survey tabulation Exhibit Q. , of Services Consultant will conduct a "kick off' site assessment on -site with governmental representatives to identify area of focus, key area stz determine the range of issues, collect data maps, and other information pi the Monroe County Planning Department. 2. Planning Session -one and a half day Charrette A. Consultant will conduct a one and a half -day charrette. The following I basis for activities to be accomplished during the one and half days. (It is the success of this exercise that a level of dynamism is maintained throu activities, therefore the consultant team must be quick to improvise participation levels consistent). I. The first morning of the session will be spent brainstorming with stakeho interested parties to identify the planning areas visual appearance and c designs for bicycle and pedestrian improvements. The brainstorming sessic also seek to answer such questions as: What do people like about the aesthet: planning area and what don't they like; identify areas that would benefit i cost improvements to publicly owned property; identify areas that will recommendations of specific land development regulations as necessary to and maintain improvements and community character, i.e. signage, parking,, landscaping, lighting. 2. In the afternoon, the consultant will prepare alternative conceptual renderings, "before and after" photo renderings and recommendations base( morning session and stakeholder input. Later in the afternoon the entire gr( reconvene for a progress update and discussion on proposed alternatives. 3. The following morning the design consultants will update/revise the presentation based on the previous day's afternoon meeting: The planning coi will, along with interested stakeholders, develop recommendations to be incl the final report on proposed incentives, possible ordinance/guideline languz implementation strategy. 4. The charrette will end late i Implementation Plan, to outline feasibility, estimated costs, design guidelines •dinance language and potential funding sources. Staff will review the draft commend revisions to the consultant. Following the revision, the consultant shall si �rsion of the report (10 color bound copies and electronic format). The consultant ake a presentation to the Monroe County Planning Commission and Board ( )mmissioners (BOCC). The BOCC shall have final approval authority over the plan. oject Constraints. The funding for this project comes from the Monroe County 'partment. The total budget of $ 25,000 is not to be exceeded. The project must be 4 later than March 15, 2003, with all expected outputs delivered. oposal Requirements -mat: The response format shall contain a letter of transmittal and the following tions. Where specified, the maximum number of pages in each section of the respc Sist of single sided 8 %2" X 11" white paper, with 12- point font. Responses exceed its may be considered non -responsive. Report on the firm, including: (maximum 15 pages) a. The history of the firm, its corporate structure and years in business; b. Record of performance and professional accomplishments including a descri similar work completed by the firm, references for each, and any oui accomplishments of the firm, references for each, and any outstanding accompl; of the firm that relate directly to this type of work; Technical, educational, and training resumes of the assigned and any an - subcontracted staff. Include the proposed function(s) of subcontractors. 'roject Approach and Estimated Schedule (maximum 15 pages): Provide a de; ncluding a statement that reflects a clear understanding of project needs based escription above, a work plan that details the planned approach, activities necess, stimated time frame and budget outlays to complete the project. ,dditional information: (maximum 10 Pages): Provide any additional pertinent info iat would be helpful in the consideration of your response. tion Procedures election/Notification. The selected consultant will be notified in writing. The Mon lay elect to negotiate a contract with a consultant that further details the scope aj Irvices to be performed. Monroe County reserves the right to reject any and all aive any irregularities, re -issue all or part of this RFP, and not award any contrac scretion and without penalty. 'e-proposal meeting. A pre -proposal meeting and site visit will be held with any ndidates two weeks prior to Proposal Due Date. zestions. All questions shall be directed to Maureen Murphy Lackey, Livable Com )ject Manager, Tavernier Creek Bridge to approximately Mile Marker 97 Planning tail at Lackey-Maureenonroecountyfl com. Questions and answers shall be dis email to all candidates providing email addresses. DRUG -FREE WO" Fl- FORM undersigned vendor in accordance with Florida Statute 287.087 hereby certifies th, (Name of Business) Publish a statement notifying employees that the unlawful manufacture, di: pensing, possession, or use of a controlled substance is prohibited in the work] :cifying the actions that will be taken against employees for violations of such prohib Inform employees about the dangers of drug abuse in the workplace, the business's intaining a drug -free workplace, any available drug counseling, rehabilitation, and E stance programs, and the penalties that may be imposed upon employees for dr ations. Give each employee engaged in providing the commodities or contractual services er bid a copy of the statement specified in subsection M. In the statement specified in subsection (1), notify the employees that, as a con( sing on the commodities or contractual services that are under bid, the employee w ie terms of the statement and will notify the employer of any conviction of, or plea 4 olo contendere to, any violation of Chapter 893 (Florida Statutes) or of any cc Lance law of the United States or any state, for a violation occurring in the workplace five (5) days after such conviction. npose a sanction on, or require the satisfactory participation in a drug abuse assist )ilitation program if such is available in the employee's community, or any employee nvicted. Make a good faith effort to continue to maintain a drug -free workplace mentation of this section. c person authorized to NON -COLLUSION AFFIDAVIT I, of the city according to law on my oath, and un< perjury, depose and say that; 1) I am c)posal for the project described as follows: , the bidder n PROFESSIONAL SERVICES TO PREPARE A TAVERNIER CREEK BRIDGE TO APPROXIMATELY MILE MARKER 9' CORRIDOR AREA ENHANCEMENT PLAN FOR MONROE COUNTY [FLORIDA KEYS] 2) The prices in this bid have been arrived at independently without isultation, communication or agreement for the purpose of restricting competition, .ter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this been knowingly disclosed by the bidder and will not knowingly be disclosed by tl r to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other aership or corporation to submit, or not to submit, a bid for the purpose of re petition; 5) The statements contained in this affidavit are true and correct, and made i vledge that Monroe County relies upon the truth of the statements contained in this yarding contracts for said project. TE OF NTY OF (Signature of Bidder) DATE TONALLY APPEARED BEFORE ME, the undersi SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA CHICS CLAUSE warrants that he/it has not employed, re otherwise had act on his/its behalf any former County officer or employee in violatie ction 2 of Ordinance No. 10-1990 or any County officer or employee in violation of ction 3 of Ordinance No. 10-1990. For breach or violation of this provision the Cour Ly, in its discretion, terminate this contract without liability and may also, in its discrc iuct from the contract or purchase price, or otherwise recover, the full amount of any nmission, percentage, gift, or consideration paid to the former County officer or emp Date: kTE OF LINTY OF (signature) ;SONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed hi: ature (name of individual signing) in the space provided above on this day 20 NOTARY PUBLIC My commission expires: PUBLIC ENTITY CRIME STATEMENT person or affiliate who has been placed on the convicted vendor list following a co iblic entity crime may not submit a bid on a contract to provide any goods or service; tity, may not submit a bid on a contract with a public entity for the construction or blic building or public work, may not submit bids on leases of real property to pt ty not be awarded or perform work as a contractor, supplier, subcontractor, or const :ontract with any public entity, and may not transact business with any public entity i threshold amount provided in Section 287.017, for CATEGORY TWO for a pf >nths from the date of being placed on the convicted vendor list." BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ate: 15 January 2003 Division: Growth Mana emen Yes X No Department Marine Resources ITEM WORDING: advertise an ordinance revising Chapter 5.5, Boats, Docks, and Waterways, Article Snake Creek. :KGROUND: -st of the Village Manager, Charles Baldwin, based on the recommendations the Vi and the approval of the Village Council, this ordinance revision would ch num wake zone currently in place on Snake Creek to encompass the entire widt e zone only extends 100 feet from the shore of Venetian Shores Subdivision along tl 'RELEVANT BOCC ACTION: D-1995 — Creation of Snake Creek Slow Speed Minimum Wake Zone 1-1996 — Revision of Snake Creek Ordinance T/AGREEMENT CHANGES: 'OMMENDATIONS; ST: OUNTY: BUDGETED: Yes _ No SOURCE OF FUNDS: 'RODUCING: Yes No X AMOUNT Per Month BY: County Atty X OMB/Purchasing Risk Management x Marine R ORDINANCE NO. 2003 AN ORDINANCE OF THE MONROE COUNTY BOARD Q COMMISSIONERS MAKING A REVISION TO THE SNAK CREEK REGULATORY ZONE IN CHAPTER 5.5 MONRO. COUNTY CODE (BOATS, DOCKS, AND WATERWAYS PROVIDING FOR SEVERABILITY, PROVIDING FO] REPEAL OF INCONSISTENT ORDINANCE CLAUSE PROVIDING FOR INCORPORATION INTO THE MONRO] COUNTY CODE, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in order to protect the public health and safety, the B my Commissioners created a boating restricted area at Snake Creek; an( WHEREAS, the City of Islamorada, Village of Islands has request roe County revise the current boating restricted area at Snake Creek to :ct the public health and safety; now, therefore, BE IT RESOLVED BY THE BOARD OF COI 'MISSIONERS, MONROE COUNTY, FLORIDA THAT the foll( on is made to Chapter 5.5, Monroe County Code: )n 1. Revise Sec. 5.5-108 (b) (1) to read: Creek: To include the entire width of Snake Creek, from 100 feet sot lake Creek Bridge Marine R any section, subsection, sentence, clause or provision of this Ordinan( valid, the remainder of this Ordinance shall not be affected by such inva ction 3. Repeal of inconsistent ordinance clauses. 1 Ordinances or parts of Ordinances in conflict with this Ordinance aj )ealed to the extent of said conflict. ction 4. Inclusion in the Monroe County Code. e provisions of this Ordinance shall be included and incorporated in the dinances of the County of Monroe, Florida, as an addition to am reto, and shall be appropriately renumbered to conform to the nbering system of the Code. on 5. Effective date. s Ordinance shall be filed with the Office of the Secretary of State of 1 ?lorida, and will take effect upon receipt by that agency. Marine R, LSSED AND ADOPTED by the Board of County Commissioners, aunty, Florida at a regular meeting of said Board held onthe 15th IUM , A.D., 2003. Mayor Dixie Spehar Mayor Pro Tem Murray Nelson Commissioner George Neugent Commissioner Charles McCoy Commissioner David Rice BOARD OF COUNTY COMMISSI( MONROE COUNTY, FLORIDA MAYOR/CHAIR PERSI PEST: DANNY 1. KOLHAGE, CLERK DEPUTY CLERK APPROVED AS TO FOF LEC ENC BY. ATTORNEY'S C BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY )ate: 15 January 20Q3 Division: Growth Mana emer Yes X No Department: p Marine Resources ITEM WORDING: o advertise an ordinance revising Chapter 5.5, Article III, "No Discharge Zone." CKGROUND: specific no discharge zones were approved by the Commission in Ordinance 20-19 )proved by the U.S. Environmental Protection Agency (US EPA) as required by ?proach was taken to approve an over -arching No Discharge Zone for the stat The request to create this broader zone was made by the Governor at the request of ies and the County. Ultimately the No Discharge Zone was approved by US EPA a 2002. )n to the No Discharge Zone Ordinance eliminates the previously adopted seven ,ver-arching state waters zone. 3 RELEVANT BOCC ACTION: �- Resolution 617-1999 'T/AGREEMENT CHANGES: COMMENDATIONS; ST: None BUDGETED: Yes 'OUNTY: None SOURCE OF FUNDS: 'RODUCING: Yes No X AMOUNT Per Month Marine F ORDINANCE NO, 2003 AN ORDINANCE MODIFYING CHAPTER 5.59 ARTICLE MONROE COUNTY CODE CONCERNING NO DISCHARC ZONES, PROVIDING FOR SEVERABILITY; PROVIDES FOR THE REPEAL OF ORDINANCES INCONSISTEI\ HEREWITH; PROVIDING FOR INCORPORATION INT THE CODE OF ORDINANCES; PROVIDING FOR A EFFECTIVE DATE WHEREAS, the tropical waters surrounding the Florida Keys co )logically diverse tropical marine ecosystem, including the only cc tem in the continental United States; WHEREAS, these waters are of such great interest and beauty, a h concern for protection, that the State of Florida has designated 1 standing Florida Waters and Congress has designated them as a par -ida Keys National Marine Sanctuary; and WHEREAS, Monroe County considered the protection of these w� cal that in 1999, the Board of County Commissioners designated 1' ughout the waters of the County as No Discharge Zones; and WHEREAS, subsequent to this effort, the County also petition -rnor and the U.S. Environmental Protection Agency to designate all rs of the Florida Keys as a No Discharge Zone (NDZ); and WHEREAS, through the efforts of the Governor and the U.S. EPA -s within the boundaries of the Florida Kevs National Mnr;-- Marine R State and federal governments potential for enforcement of 1 signation; now, therefore BE IT ORDAINED BY THE BOARD OF 0 )MMISSIONERS OF MONROE COUNTY, FLORIDA; THAT ction 1. Change the title of Article III (formerly Article XIX) Discharge Zone Established" and apply the following modifications to 5.5, Article III: Sec.5.5-46. Definitions (a) Definitions shall apply as provided in Article I of this chapter referenced from other chapters as appropriate. >ec. 5.5-47. No Discharge Zone Established (a) A No Discharge Zone is hereby established to coincide exactly wi those boundaries identified in Federal Register Notice 66: 144,pp 38967-38969, promulgated on 26 July 2001. ec. 5.5-48. Force and Effect (a) This Ordinance becomes effective in the No Discharge Zone ide on the map in Exhibit A upon final approval at the federal leve EPA Region IV. Marine R ttion 7. Severability. If any section, subsection, sentence, clause or provision of this Ord Id invalid, the remainder of this Ordinance shall not be affected validity. :tion 8. Repeal of inconsistent ordinance clauses. All Ordinances or parts of Ordinances in conflict with this Ordin eby repealed to the extent of said conflict. tion 9. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be included and incorporate le of Ordinances of the County of Monroe, Florida, as an addi ndment thereto, and shall be appropriately renumbered to conform orm numbering system of the Code. ion 10. Effective date This Ordinance shall be filed with the Office of the Secretary of State of Florida, but will not take effect until the No Discharge Zone identi ral Register Notice 66: 144,pp 38967-38968 becomes effective under i Marine Re; PASSED AND ADOPTED by the Board of County Commissioners of Monroe ida, at a regular meeting of said Board held on the 15'' day of January 2003 Mayor Dixie Spehar Mayor Pro Tem Murray Nelson Commissioner George Neugent Commissioner Charles "Sonny" McCoy Commissioner David Rice AL) TEST: DANNY L. KOLHAGE, CLERK Board of County Commissic Of Monroe County, Florida Deputy Clerk 'ROVED AS TO FORM AND iAL S FICIENCY ro EY'S OFFICE Mayor/Chairman v M 2 o s a � LL LL �i L r IA BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY 15 January 2003 Division: Growth Management Yes X No Department Marine Resources TEM WORDING: staff recommendation of engineering firms and direction to negotiate a contract wii id and third firms successively if negotiations fail, for completion of Bathymeti for three proposed mooring field sites. KGROUND: ssion approved two grants, one from NOAA and one from the National Fish to complete work on mooring fields and related issues. Based on Commissic tequests for Statements of Qualification went out in early October and all eligible 1 ie end of November 2002. Seven responses were received. Staff has reviewed all and is prepared to recommend one firm as the preferred firm. With the Board's an acceptable price and develop a contract for the Board's review and approval a iegotiations with the first selected firm are not fruitful, then staff will initiate negoth tird firms successively. KEUE V AN T BUC;C: ACTION: 2002 — Approval to send out Requests for Statements of Qualification '/AGREEMENT CHANGES: UinIVIE NATIONS: ')T: Not known at this time 3UNTY: None BUDGETED: Yes X SOURCE OF FUNDS: 'RODUCING: Yes No X AMOUNT Per Month County of Monroe went of Ma rine Resources Overseas Highway, Suite 420 bon, Florida 33050 (305)289-2805 (305)289-2536 January 6, 2003 Board of County Cominissil Mayor Dixie Spehar, Dist. 1 Mayor Pro Tem Murray Nelson, Comm. Charles "Sonny" McCoy Comm. George Neugent, Dist. 2 Comm David Rice, Dist. 4 Board of County Commissioners igh: George Garrett, Marine Resources Director Richard Jones, Marine Resources Planner Bathymetric Survey Project department of Marine Resources has reviewed Statements of Qualifications (SOS eering firms interested in the Bathymetric Survey Project. Seven SOQ's were re inked by both George Garrett and Richard Jones. The ranking conducted by staff it iteria: 1) Has the firm worked in the Keys? 2) Does the firm have an office in the region? 3) Did the SOQ provide reviews of similar projects? 4) Does the firm have it's own boats and equipment? 5) Does the firm provide GIS products and services? 6) Did the SOQ provide a project timeline? 7) Did the SOQ provide a project approach? 8) Does the SOQ describe the products/deliverables? 9) Does the SOQ indicate familiarity with the project sites? 10) Has the firm indicated extensive experience working with the Florida DEP? ;suit of this initial ranking staff short-listed the following firms (in no particular ordei 1) Morgan & Eklund, Inc. 2) Degrove Surveyors, Inc. 3) Ayres Associates phone interviews were conducted to obtain additional information and answer que ted from the Statements Of Qualifications. Phone interviews were utilized to get a :ion of the talent, experience, and project approach of the survevinL7 and mannina Evaluation of Statements of Qualifications -nd: Morgan & Eklund, Inc: Offices in Wabasso and Deerfield Beach Degrove Surveyors, Inc.; Offices in Jacksonville and Gainesville Challenger Enterprises, Inc.; Offices in Safety Harbor McKim & Creed; Offices in Clearwater SSR, Inc.; Offices in Stuart Ayres Associates; Offices in Tampa and Ft. Lauderdale �oastal Systems International, Inc.; Offices in Coral Gables -s were determined (weighted) according to the level of each firm's ability to i ide for each criteria. Reviewer: Richard Jones (1) (2) (3) (4) (5) (6) Have worked in the Keys? 10 8 8 0 0 6 Have offices in region? 10 6 4 4 8 10 Review of similar projects? 10 8 8 9 5 8 Have own boats/equipment? 10 10 0 10 10 10 Provide GIS servicestproducts? 10 10 0 10 10 10 Provided a timeline? 10 4 0 6 0 10 Provided a project approach? 0 9 0 10 0 10 Describe products/deliverables? 0 10 2 6 0 10 ' Familiarity with project sites? 6 6 6 0 0 2 Have worked with FDEP? 8 10 5 5 3 6 . Total Score: Initial Ranking: 74 3 81 2 33 7 60 36 82 t 5 6 1 q Reviewer: George Garrett (1) (2) (3) (4) (5) (6) Have worked in the Keys? 10 2 8 2 6 6 Have offices in region? 8 4 6 6 8 8 Review of similar projects? 8 10 6 8 4 6 Have own boats/equipment? 10 10 0 10 10 10 Provide GIS services/products? 10 10 0 10 10 8 Pry A A o.7 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ate: 15 January 2003 Yes X No ITEM WORDING: Division: _ Growth Management Department' Marine Resources t a contract between Monroe County and Bermello, Ajamil, and Partners, work and permitting for six boat ramp projects. 'KGROUND: ssion approved a grant from the Florida Fish and Wildlife Conservation Comrr design and permitting work for six boat ramp projects from North Key Largo t( )mmission approval, Requests for Statements of Qualification went out in early ( )nses were received on 13 November 2002. Seven responses were received. The E )tiations with the recommended firm of Bermello, Ajamil, and Partners. The propc the Board's review and approval. RELEVANT BOCC ACTION: ►2 — Approval to submit FBIP grant proposal in support of the boat ramp project 302 — Approval of grant contract with FWC 2002 — Approval to send out Requests for Statements of Qualification 2003 — Approval of Bermello, Ajamil & Partners to complete project F/AGREEMENT CHANGES: OMMENDATIONS; 'T: Up to $45 000 BUDGETED: Yes )UNTY: —Up to $11 250 SOURCE OF FUNDS: FBIP Grant & Fund 157 BIF RODUCING: Yes No X AMOUNT Per Month AGENDA ITEM WITH LATE DOCUMENTATION DATE ITEM WILL BE AVAILABLE � � p AGENDA ITEM NUMBER BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ite: 15 January 2003 Division: Growth Mana emenl Yes X No ITEM WORDING: Department" Marine Resources t a contract Agreement with Key West Resort Utilities for completion of wastewate at of grant obligations between the County and FDEP under grant agreement LP0337 XGROUND: ture made $11.8 million in funds available to Monroe County and its municipalities ater improvements. The Commission passed a motion in June to expend a portion ,586) to assist the North Key Largo Utility in making wastewater transmission line staff provided two applications in August to fund the North Key Largo Utility proj lving the Key West Resort Utility. The attached contract with Key West Resort Util �ist the Utility with their current system upgrade efforts. In turn, the Utility will xmentation sufficient to obtain reimbursement from FDEP on all project components, RELEVANT BOCC ACTION: T/AGREEMENT CHANGES: ,OMMENDATIONS; ST: $134,822 BUDGETED: Yes OUNTY: None SOURCE OF FUNDS: FDEP G 'RODUCING: Yes No X AMOUNT Per Month / MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY ntract with: Key West Resort Utility January 15, 2003 "tract Purpose/Description: December 31, 2003 �ONTRACT FOR WASTEWATER SERVICE AT SOUTH STOCK ISLAND, LORIDA tract Manager: Garrett 2507 Marine Resources / No. (Name) (Ext.) (Department/Stop # Contract # Effective Date: Expiration Date• 3OCC meeting on January 15 2003 Agenda Deadline: December 30 2002 CONTRACT COSTS 1 Dollar Value of Contract: $ 134,822 Current Year Portion: $ 134,822 ;eted? Yes® No ❑ Account Codes: l a5�,la.i_ fit: $ 134,822�-�-5� ity Match: $ 0 ADDITIONAL COSTS sated Ongoing Costs: $NA/yr For: NA ncluded in dollar value above) (e . maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Dati Date In Needed er ion Director 4003 Yes❑ No[ vlana ement ❑ ❑ g Yes No � CONTRACT FOR WASTEWATER SERVICE AT SOUTH STOCK ISLAND, FLORIDA -11S CONTRACT is entered into by MONROE COUNTY, a political Sul the State of Florida, whose address is the Marathon Government Ceni 'erseas Highway, Marathon, Florida 33050, hereafter the County, and K sort Utility whose address is P.O. Box 2125, Key West,Florida 33045 1 i RU. !tion 1. This Contract serves in partial fulfillment of the County's ag with the Florida Department of Environmental Protection (FDEP kgreement No. LP0037). Said agreement is attached as Attachment A �ontract for reference. The purpose of this agreement is to provide unding for wastewater infrastructure improvements initiated and comp] :WRU. ion 2. The KWRU and the County, for the consideration named al )llows: . Work by KWRU will be completed as specified in its submittal requirements pursuant to specific appropriation 1765A of the 2 General Appropriations Act (Chapter 2002-334, Laws of Floric submittals shall be made by the K"U Grant Manager and shall E the County's Grant Manager in a single package not later than Fel 2002. (a) Establishment of rates, fees, and assessments for the revent system to recover capital costs and operation/maintenance. (b) Certification of availability of local share of Project contract cc (c) Submittal of a plan for timely decommissioning of existing ind site treatment and disposal systems. (d) Certification of availability of the all wastewater collection/ - system sites, including easements and rights -of -way, including pi work on privat(a (-!? ) (e) Submittal of plans and specifications as used for advertised bidding 3. The KWRU agrees to provide additional information regarding through (g) above as requested by the County or the project fundin FDEP under its agreement with the County (DEP Agreement No. Ll ction 3. Upon receipt of the submittal package described in Se Subsection 2. the County will review all documentation prior to sub FDEP for reimbursement. If there are any questions about completes KWRU will consult with the County and upon resolution of any q provide any revisions to the submittal package as necessary. At this p submittal package will be deemed fully complete. Payment for tl ;ompleted submittal package will be in the amount of $75,000. The agrees to submit an invoice in this amount upon favorable completiol �ubmittal package. The County will process the invoice from KW iayment within 30 days of receipt. ion 4. The County will provide the fully completed submittal F rovided by KWRU to FDEP for reimbursement. If there any questions Irt of the FDEP, DEP Agreement No LP0037 Project Manager, submittal package as necessary. This package will be deemed submittal package. Payment for the final submittal package will 1 amount of $59,822. The KWRU agrees to submit an invoice in thi; upon favorable completion of the final submittal package. The Col process the invoice from KWRU for payment within 30 days of receipt. !tion 5. Either party may terminate this Contract because of the failur other party to perform its obligations under the Contract. If the terminates this Contract because of the KWRU's failure to perform, tl -ounty must pay the KWRU the amount due for all work satisfi ;ompleted as determined by the County up to the date of the KWRU's o perform but minus any damages the County suffered as a result :WRU's failure to perform. The damage amount must be reduced mount saved by the County as a result of the Contract termination. mount owed the KWRU by the County is not enough to compensa ounty, then the KWRU is liable for any additional amount necess, lequately compensate the County up to the amount of the Contract pric on 6. The KWRU acknowledges and agrees that public use of any 'ction 7. Records of the KWRU's direct personnel payroll and other c expenses pertaining to the Project and records of the accounts bete County and the KWRU must be kept on a generally recognized acc basis and must be available to the County. The records also must be sufficient to permit a grant specific audit to be performed in accordar the rules of the Auditor General. The KWRU must keep the records years following the completion of the Plan. lion 8. The KWRU acknowledges that all records, data, and doc -reated as part of the Plan are public records under Chapter 119, >tatutes. As a result, they must be made available at a reasonable pla ime upon the request of a member of the public. Failure to do so is a �f this Contract entitling the County to treat the Contract as terminated ate of the violation of Chapter 119, Florida Statutes, with the Cc bligation to pay extending only to work completed as of that dat( 'nounts previously retained, if any. on 9. In the course of carrying out the wastewater infrastrt iprovements, the KWRU may not discriminate against any em, cause of race, age, creed, color, sex or national orison. The. wwpiT .,;� recruitment or recruitment advertising; lay-off or termination; rates other forms of compensation; and selection for training, ii apprenticeships. The KWRU must insert language similar to this S( any of the KWRU's subcontracts, if any, funded through this Contrac for subcontracts for standard commercial supplies and raw materials. ;tion 10. In carrying out the water quality monitoring progr KWRU must comply with the requirements of the Americans With Dis Act and federal regulations issued under that Act. lion 11. The KWRU warrants that it has not employed, retained, or of iad act on its behalf any former County officer or employee subjec )rohibition of Section 2 of Ordinance No. 010-1990 or any County of employee in violation of Section 3 of Ordinance No. 020-1990. For bi ,iolation of this provision, the County, in its discretion, may terrain 'ontract without liability and may also, in its discretion, deduct fr, 'ontract or purchase price, or otherwise recover the full amount of ai )mmission, percentage gift, or consideration paid to the former County employee. a bid on a contract with a public entity for the construction or repair c building or public work, may not perform work as a contractor. subcontractor, or KWRU under contract with any public entity, and transact business with any public entity in excess of the thresholc provided in Section 287.017 of the Florida Statutes, for the Category 1 period of 36 months from the date of being placed on the convicted vent lion 13. The KWRU agrees to maintain adequate insure equivalent as provided in Exhibit B. tion 14. All communication between the parties should be throt -ollowing individuals or their designees: lroe Count rge Garrett, Director artment of Marine Resources 3 Overseas Highway, Suite 420 athon, Florida 33050 KWRU Doug Carter Key West Resort Utility P.O. Box 2125 Key West, Florida 33045. he effective date of this Contract is January 15, 2003 or upon the signs irties. 1 WITNESS WHEREOF each party hereto has caused this Agreem( :ecuted by its duly authorized representative. --AL) hest: DANNY L. KOLHAGE, CLERK Deputy Clerk AL) 'St: ROVED AS TO FORM AND AL SUFFICIENCY BOARD OF COUNTY COMMIS,' OF MONROE COUNTY, FLORII RA Mayor/Chairman KEY WEST RESORT UTILITY By Title EXHIBIT A Contract No. LP003 7 between Monroe County an Florida Department of p Environmental Protectic STATE FINANCIAL, ASSISTANCE AGREEMENT MONROE COUNTY DEP AGREEMENT NO. LP0337 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO SPECIFIC APPROPRIATION 176 A OF T HE 2002 - 2003 APPROPRIATIONS ACT (CHAPTER 2002-334, LAWS OF FLORIDA, THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPA F ENVIRONMENTAL PROTECTION, the address for which is 2600 Blair St Ilahassee, Florida 32399 (hereinafter referred to as the "Department") and )UNTY, the address for which is Gato Building, 1100 Simonton Street, Key We 040 (hereinafter referred to as "Grantee" or "Recipient"), existing as a local g, 'ncy under the laws of the State of Florida, to provide funds for constructing additi stewater collection systems for North Key Largo Utility and for Key West Resort Uti In consideration of the mutual benefits to be derived herefrom, the Departmej intee do hereby agree as follows: The Grantee does hereby agree to perform in accordance with the terms and c set forth in this Agreement, Attachment A (Project Work Plan), and all attachr exhibits named herein which are attached hereto and incorporated by referer Grantee agrees to the completion of all activities set forth in Section C of Attacl For purposes of this Agreement, the terms Contract and "Agreement" and 1 "Grantee", "Recipient" and "Contractor" are used interchangeably. This Agreement shall begin upon execution by both parties and end no later the 31, 2003 unless the Project Schedule outlined in Section C of Attachment A is the Agreement is amended. The Grantee shall not be eligible for reimbursement performed unless the Project Schedule is met. This Agreement shall be am( provide for disbursement of grant funds identified herein provided that all to conditions of this Agreement, including compliance with the Project Schedule, and construction of the Project results. This Agreement may be amended one times to provide for disbursements for any portion of the Scope of the Projei outlined in Section B of Attachment A. However all such amendments must b before March 31, 2003. appropriate, by the Grantee according to Section C of Attachment A. In nc payments to the Grantee exceed 100% of the eligible project costs. The Grantee shall be reimbursed on a cost reimbursement basis for all elig costs after approval of deliverables and acceptance of a properly submitt, Request Summary Form. The payment Request Summary Form would be i into this Agreement by amendment. A Professional Engineer shall be resl overseeing construction. In addition to the summary form, the Grantee in sufficiently itemized invoices for the materials, labor, or services to identify tl the work performed; the cost or charges for such work; and the person or entit the service or performing the work. In addition to the invoicing requirements referenced in paragraph 3.13. Department may periodically request proof of a transaction (invoice, etc.) to e appropriateness of costs pursuant to State guidelines. This information when must be provided within 30 calendar days of such request. All bills for amount be submitted in detail sufficient for a proper pre -audit and post -audit thereof. State guidelines for allowable costs can be found in the State Comptroller'.- Processing Handbook at http://www.dbfstate.fl.us/aadir/tochandbk.html. All costs incurred by the Grantee for its own employees in planning, constructing, administering, managing, evaluating, and inspecting the Projec eligible for reimbursement under this Agreement or any amendment thereof. Travel costs are not authorized for reimbursement under this Agreemen amendment thereof. The purchase of non -expendable equipment for use by the Grantee is not under the terms of this Agreement or any amendment thereof. The State of Florida's performance and obligation to pay under this Agrec amended would be contingent upon an annual appropriation by the Legislatu parties hereto understand that this Agreement is not a commitment o appropriations. Each party hereto agrees that it shall be solely responsible for the negligent or A acts of its employees and agents. However, nothing contained herein shall con waiver by either „�. ►., -,r :._ _ _ _ I.B. The Department may terminate this Agreement for convenience by providing with thirty (30) calendar days written notice. This Agreement may be unilaterally canceled by the Department for refi Grantee to allow public access to all documents, papers, letters, or other mates received by the Grantee in conjunction with this Agreement, exempt from Section 24(a) of Article I of the State Coitution de Sec ion Florida Statutes. The Grantee shall maintain books, records and documents directly p4 Performance under this Agreement in accordance with generally accepted principles consistently applied. The Department, the State, or their representatives shall have access to such records for audit purposes during the t Agreement and for five years following Agreement completion. The GrE similarly require each subcontractor to maintain and allow access to such r audit purposes. In addition to the provisions contained in paragraph 8 above, the Grantee shE with the applicable audit, monitoring, and record keeping provisions cor. Attachment B. A revised copy of Attachment B, Exhibit-1 shall be provic Grantee with each Agreement amendment that affects the information containe A revised Exhibit-1 shall summarize the fianding sources supporting the Agree purposes of assisting the Grantee in complying with the requirements of Attacl If the Grantee fails to receive a revised copy of Exhibit-1, the Gran updated information. tee shall i Department's Grant Manager indicated in this Agreement to request a coF The Grantee shall not subcontract, assign, or transfer any construction see equipment/material procurement work to be funded under this Agreement as without the prior written consent of the Department's Grant Manager. The Grant, to be responsible for the fulfillment of all work elements included in any subcon agrees to be responsible for the payment of all monies due under any subcontn understood and agreed by the Grantee that the Department shall not be liable subcontractor for any expenses or liabilities incurred, and that the Grantee shall 1 liable to any subcontractor for all expenses and liabilities incurred under the subcc The Department of Environmental Protection supports diversity in its proc program and requests that all subcontracting opportunities afforded by this Aa The Grantee shall comply with all applicable federal, state and local rules anc in providing services to the Department. The Grantee acknowledges that this includes compliance with all applicable federal, state and local health and safe regulations. The Grantee further agrees to include this provision in all subs change order if necessary) issued as a result of this Agreement. The Department's Grant Manager for this Agreement is identified below. Dick Smith Bureau of Water Facilities Funding Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 Phone: (850) 245 - 8358 Fax: (850) 245 - 8411 The Grantee's Grant Manager for this Agreement is identified below. George Garrett, Director Division of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, Florida 33050 Phone: (305) 289 - 2507 Fax: (305) 289 - 2536 To the extent required by law, the Grantee will be self -insured against, or will s, maintain during the life of this Agreement, Workers' Compensation Insurance its employees connected with the work of this Project. The Grantee shall req subcontractor similarly to provide Workers' Compensation Insurance for all of t1 employees unless such employees are covered by the protection afforded by the Such self-insurance program or insurance coverage shall comply fully with th, Workers' Compensation law. In case any class of employees engaged in hazard under this Agreement is not protected under Workers' Compensation statutes, the shall provide, and cause each subcontractor to provide, adequate insurance satisf the Department, for the protection of his employees not otherwise protected. The Grantee, as an independent contractor and not an agent, representative, or e of the Department, agrees to carry adequate liability and other appropriate f Inviranrca Tho - __. , .. . - _ 18. The Department may at any time, b any change in the work within the general scope of tten order designated hiA deement to be a change etc.). This Agreement does not inco g., r' as may be approved by the De rporate such subcontracts, assignments, Department pursuant to Paragraph 10.A. All cl are subject to the mutual agreement of both parties as evidenced in writing. order that could result in the Grantee's ability to pay for Project work, change of funding under this Agreement, or increase the time for completion of P shall require a formal amendment to this Agreement. 9. A. No person, on the grounds of race, creed, color, national origin, age, sex, o shall be excluded from participation in; be denied the proceeds or benefit otherwise subjected to discrimination in performance of this Agreement. ).B. An entity or affiliate that has been placed on the discriminatory vendor li submit a bid on a contract to provide goods or services to a public entity, may a bid on a contract with a public entity for the construction or repair of a pub] or public works, may not submit bids on leases of real property to a public entii award or perform work as a contractor, supplier, subcontractor, or consul contract with any public entity, and may not transact business with any public e Florida Department of Management Services is responsible for mainti discriminatory vendor list and intends to post the list on its website. Question; the discriminatory vendor list may be directed to the Florida Department of M, Services, Office of Supplier Diversity, at 850/487-0915. A person or affiliate who has been placed on the convicted vendor list fo conviction for a public entity crime may not perform work as a grantee, c Supplier, subcontractor, or consultant under a contract with any public entity, an transact business with any public entity in excess of the threshold amount pr Section 287.017, F.S., for Category Two, for a period of 36 months from th being placed on the convicted vendor list. This Agreement represents the entire agreement of the parties. Any al variations, changes, modifications or waivers of provisions of this Agreement s be valid when they have been reduced to writing, duly signed by each of tf; hereto, and attached to the original of this Agreement, unless otherwise provided The offer to enter into agreement for Project implementation and funding withdrawn if the designated local government Recipient fails to execute the Aj within in riave -P A —I:.._—_ �. IN WITNESS WHEREOF, the parties have caused this Agreement to be dul ie day and year last written below. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Mayor/Chairperson I No.: 59-6000749 STATE OF FLORIDA DEPART: ENVIRONMENTAL PROTD Date: Director, Division Resource Management 3f attachments/exhibits included as part of this Agreement: ify Type Letter/ Description (include number of pages) Number :hment A Project Work Plan (2 Pages) hment B Audit Requirements (5 Pages) ATTACHMENT A MNRE CO !North Key Largo Utility and Key Wes Resort UtilU ilty Wastewater Management PROJECT BUDGET INFORMATION �ategory of Expenditure PROJECT BUDGET DEP Funds Other Funds forth KeyLar o Utili FY 02/03 FY 03/04 FY 04/OS Desi Construction $ 0 $ 0 $ $ 987,586 $ 0 $ TBI* ; Tech. Services during 0 $ $ 0 $ 0 $ TBI * Construction 0 $ 0 $ TBI* 9 Other SUBTOAL $ 0 $ 0 $ $ 987,586 $ 0 $ TBI* g 0 $ 0 $ 2,912,414 $ ey West Resort Utili En ineerin /Ins ection Construction $ 0 $ 0 $ $ 0 $ 279,000 $ Contin enc 134,822 $ 0 $ $ Administration/Le Al 0 $ 0 $ 0 $ 380,000 $$ Testin 0 $ $ 0 $ 0 $ 347,000 $ SUBTOTAL 0 $ $ 134,822 $ 0 $ 0 $ 100,000 $ 0 $ 4,471,178 $ :AND TOTAL $1,122,408 $ 0 $ 0 1 $ 7,383,592 $ Note: TBI* means To Be Identified by Grar. �OPE OF PROJECT WORK: extensions are to be constructed for the North Key Largo Utility Corporation and i Resort Utility, Incorporated. The facilities to be constructed will provide for decom sting individual on -site wastewater treatment and disposal systems. Wastewater trey ;al will be provided at the existing facilities serving each of the two i lritit;pc Submittal of updated Section A Project Budget Information. Submittal of inter -local agreement for construction of sewers. Certification of availability of the all wastewater collection/transmission system si easements and rights -of -way, including permission to work on private property (st Department is required). Submittal of plans and specifications as used for advertised competitive bidding. Submittal of recommendation for award to low responsive, responsible bidder. Certification of operability (submittal to the Department is required). Key West Resort Utility npletion of Project activities (a) through (f) below shall be accomplished before Mar iply with statutory requirements. All submittals shall be made by the Recipient's Q shall be sent to the Department's Grant Manager. Establishment of rates, fees, and assessments for the revenue generation system to capital costs and operation/maintenance costs (submittal to the Department is requ: Certification of availability of local share of Project contract costs (submittal to the is required). Submittal of a plan for timely decommissioning of existing individual on -site treat disposal systems. Certification of availability of the all wastewater collection/transmission system sit easements and rights -of -way, including permission to work on private property (su Department is required). Submittal of plans and specifications as used for advertised competitive bidding. Submittal of recommendation for award to low responsive, responsible bidder. Certification of operability (submittal to the Department is required). ATTACHMENT B SPECIAL AUDIT REQUIREMENTS e administration of funds awarded by the Department of Environmental Protection (which may be ro "Department; "DEP", 7DEP" or "Grantor", or other name in the contract/agreement) to the recil y be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subj Vor monitoring by the Department of Environmental Protection, as described in this section. )NITORING addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see )w), monitoring procedures may include, but not be limited to, on -site visits by Department staff, li its as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agi pient agrees to comply and cooperate with any monitoring procedures/processes deemed approp )artment of Environmental Protection. In the event the Department of Environmental Protection deli united scope audit of the recipient is appropriate, the recipient agrees to comply with any additional vided by the Department to the recipient regarding such audit. The recipient further agrees to i perate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller feral. DITS IT I: FEDERALLY FUNDED part is applicable if the recipient is a State or local government or a non-profit organization as define ular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, tl must have a single or program -specific audit conducted in accordance with the provisions of ON A-133, as revised. EXHIBIT 1 to this agreement indicates Federal funds awarded through the 1 of Environmental Protection by this agreement. In determining the Federal awards expended i year, the recipient shall consider all sources of Federal awards, including Federal funds receive Department of Environmental Protection. The determination of amounts of Federal awards should be in accordance with the guidelines established by OMB Circular A-133, as revised. ) the recipient conducted by the Auditor General in accordance with the provisions OMB Circulai revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit coi accordance with the provisions of OMB Circular A-133, as revised, is not required. In the eve recipient expends less than $300,000 in Federal awards in its fiscal year and elects to havi conducted in accordance with the nmviginnc nf nnau A , 94 __ A _L - PART II: STATE FUNDED is part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2x1), Florida Stati 1. In the event that the recipient expends a total amount of State awards (i.e., State financia provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fi such recipient, the recipient must have a State single or project -specific audit for such fi: accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of tk and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to thi: indicates State funds awarded through the Department of Environmental Protection by this agreement. In determining the State awards e its fiscal year, the recipient shall consider all sources of State awards, including State funds rec the Department of Environmental Protection, except that State awards received by a nonstab Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.60 the Auditor General. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit co. accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the eve recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit mi, from non -State funds (i.e., the cost of such an audit must be paid from recipient funds obtained than State entities). For information regarding the Florida Single Audit Act, including the Florida Catalog of State Assistance (CSFA), a recipient should access the website for the Governor's Office I hup:-'sun6.dms.state fl us'fsaa Ifor assistance. In addition to the above website, the following we] be accessed for information: Legislature's Website IMP: xvww. I eg. state fl us', Governor's http:; www.flgot com', Department of Banking and Finance's http: xvu,�N.dbf.state fl us aadirFSAAlndc\html, and the Auditor General's http: sun6 dins state fl us aud(,en. r III: OTHER AUDIT REQUIREMENTS E: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statute ant, the State agency must arrange for funding the fucost of such additional audits. This part woul ll rcify any additional audit requirements imposed by the State agency that are solely a matter of i y's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other F zudit requirements).) ,RT IV: REPORT SUBMISSION Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as required by PART I of this agreement shall be submitted, when required by Section .320 (d), Ol A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the copies required by Sections .320 (dxl) and (2), OMB Circular A-133, as revised, submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) ai OMB Circular A-133, as revised. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a cl reporting package described in Section .320(c), OMB Circular A-133, as revised, and any m, letters issued by the auditor, to the Department of Environmental Protection at each of the addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Copies of reporting packages required by PART II of this agreement shall be submitted by or on the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Copies of reports or management letters required by PART III of this agreement shall be sul on behalf of the recipient directly to the Department of Environmental Protection at each of 1 addresses: Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Any reports, management letters, or other information required to be submitted to the De Environmental Protection pursuant to this agreement shall be submitted timely in accordance Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicab Recipients, when submitting audit reports to the Department of Environmental Protection for au accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Audi should indicate the date that the audit report was delivered to the recipient in con accompanying the audit report. IT V: RECORD RETENTION recipient shall retain sufficient records demonstrating its compliance with the terms of this agret :)d of 5 years from the date the audit report is issued, and shall allow the Department of Em ection or its designee, access to such records upon request. The recipient shall ensure that audit worl made available to the Department of Environmental Protection or its designee, upon request for a I s from the date the audit report is issued, unless extended in writing by the Department of Em-ction. � _� o �: § ' ee$ o on kk§ k EU mu aka 00 < < RU o < 0 ) \ 00 < < J r to \ j J � 9 2 C \ � ? k 14 ' ` \ • E *T. \ \°k _ \00 / \ k & 2 ƒ¢ L o �0�\k� ON ° § 2 _ § % R \ QUoƒ< en E � §M § \ k / \ U 7a < $ = R \ B � e e . / \ � 5 906 ATTACIMENT C Disbursement Request Form Legislative Projects (LP) Grants Grantee/Recipient Project Number LP0337 Date of Request Disbursement Request Number Required Match % Disbursement Request Number Type of Request: Partial ❑ Final ❑ Federal Employer Identification Number Mail ❑ EFT ❑ Send Remittance to: sbursement Details mulative amounts rounded to the nearest dollar) Construction Total Cumulative to Date $ Disbursements Previously Requested $ Amount Requested for Disbursement $ (Line 2 minus Line 3) ** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION Florida Department of Environmental Protection Bureau of Water Facilities Funding MS 3505 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Grant Manager's Certification of Disbursement Request (name of Grant Manager designated in the Agreement) i behalf of do hereby certify t (name of Grantee/Recipient) The disbursement amount requested on page 1 Agreement. of this form is for allowable costs for the Project describe Materials, labor, equipment, and/or services representing costs included in the amount requested have be satisfactorily purchased, performed or received, and applied toward completing the project; such costs ai documented by invoices or other appropriate documentation which are filed in the Grantee's permanent The Grantee is required to pay such costs under the terms and provisions of contracts relating directly to and the Grantee is in compliance with all terms or provisions of the contracts. All funds received to date under the Agreement have been applied toward completing the project. All permits and approvals required for the construction which is underway have been obtained. ( Signature of Grant Manager) (Date) Engineer's Certification of Disbursement Request 1, (name of Professional Engineer) , being the Professional Engineer retained by (name of Grantee/Recipient) am responsible for overseeing construction of 1 Project described in the Agreement and do hereby certify that: l . Equipment, materials, labor, and services represented by the construction invoices have been satisfi or received and applied to the project in accordance with construction contract documents submittec Department of Environmental Protection's Bureau of Water Facilities Funding; 2. Payment is in accordance with construction contract provisions; I Adequate construction supervision is being provided to assure compliance with construction require Florida Administrative Code Rule 62-600 or Rule 62-604, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the contract documents; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change change orders have been submitted to the Department of Environmental Protection's Bureau of Watt Funding Department; and 6. All additions or deletions to the Project which have altered the performance standards, scope, or purp Department or are identified on the attachment hereto. (Attachment included: Yes [I No changes in State or Federal funding (since the effective date of the Agreement) have been identified in w ❑) Signature of Professional Engineer Firm or Affiliation (Date) (P.E. Nu EXHIBIT B Grant Application Information and Scope of We KW Resort Utilities P.O. Box 2125 Key West, Florida 33045 Telephone (305) 294-9578 Fax (305) 294-1212 August 22, 2002 To: George Garrett Director of Marine Resources Monroe County Subject: Summary, Implementation, Plan, and Schedule for South Stock Isla wastewater project. A. Executive summary: Proposed facilities for wastewater management, performance requirements: KW Resort Utility is the proposed facility for wastem management. The .499 MGD treatment facility consists of tv independent treatment trains, a.250 MGD plant and a .249 M plant. The extended aeration process is followed by sand bed filtration and disinfected with chlorine. The chlorinated eiflu, directed to an effluent pump station located at the Key West i Club. Reuse water is directed to the golf course storage pond; spray irrigation. 2• Procurement approach: KWRU will complete a design -bid -build approach wit facility site already owned and operated by KWRU. 3. Project sponsor (local government applying for funding): KW Resort Utility is applying to assist Monroe County Monroe County residents for the county's reimbursements of t . -. Doug Carter, KWRU General Manager. 305-294-5 5• Wastewater service area or storm water drainage area: The wastewater project will take part in three phase, three phases are located in South Stock Island, FL. This prc connect approximately 1500 EDU's. 6. Costs: The South Stock Island Sewer expansion project will cc $4,600,000. 7. Source of funds and anticipated amounts: Monroe County has entered into a contract with KW purchase the remaining capacity at the plant for $4,600,000. this money KWRU has agreed to install a vacuum sewage collection system on South Stock Island. Project implementation plan: I • Participating organizations and responsibilities: Greenfairways Inc. Construction Management. Weiler Engineering. Project Engineer. E.T. MacKenzie of Florida, Inc. Underground utility contractor. Dave Kopel. Monroe County Engineer and inspector. Airvac installation technician. Airvac inspector. 2. Key Personnel assigned: Greenfairways Inc. William L. Smith, President. Weilier Engineering. Jeff Weiler, John Johnson, Chris Johnson, and Elizabeth Ignoffo. F T _rrr The technical support will come from the team of en at Weiler Engineering, along with full time field insl and technicians from Airvac Corp. during the install the Airvac collection system. Management responsit will be handled by Green Fairways with assistance fi KWRU management stab; The financial aspect will be handled by two parties according to the previously signed contract. The KW. accounting staff in coordination with the assistance o: Monroe County Clerk's Office will administer the construction draws. The legal aspects will be handled by The Law Offices Rose, Sundstrom, and Bentlty, Tallahassee, FL and T] Law Offices of Smith, Hemmesch, Burke, and Branni Chicago, IL. E.T. MacKenzie will handle the installati the vacuum system under a separate contract with KIN Project schedule identifying dates completion. I • Planning a. Documentation of master plan consistency: FDEP has permitted the South Stock Island Expansior the Monroe County engineering department has appro the expansion. b. Revenue generation system (charges, fees, and assessment for the recovery of capital costs and operation / maintenani costs (including legal authorization such as rule adoption) explanation of any features for accommodating financially distressed customers. The revenue for this project was generated by Monroe County purchasing the remaining KWRU capacity fron Monroe County infrastructure fund. The capacity fees F Service Commission. The Monroe CountyCo been deliberating how to help distressed cstomerss their connection fees, but they have not come to an] conclusions yet. c. Public notice and public participation in project decisio Public notices will be published in local newspapers Respectfully submitted, Doug Carter General Manager KW Resort Utility AD] BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ing Date: January 15, 2003 Division: Growth Management Item: Yes x_ No Department: Planning ,NDA ITEM WORDING: Approval for one Restrictive Covenant from Donald Lang to ha �ntiguous lots described as Lots 8 and 9, Block 6, Bahia Mar Estates, Key Largo. ✓I BACKGROUND: On October 23, 2002 the Planning Commission approved an alloc ant listed below provided the applicant's Restrictive Covenant is approved by the B1 itted the Restrictive Covenant to Monroe County. The applicant receiving one dwelling u e year ending July 13, 2002, has filed the document in accordance with Ordinance No. 47-1 VIOUS RELEVANT BOARD ACTION: On November 11, 1999, the BOCC adopted TRACT/AGREEMENT CHANGES: N/A. FF RECOMMENDATION: Approval. 'AL COST: X BUDGETED: Yes N/A TO COUNTY: N/A SOURCE OF FUNDS: I ENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A 1tOVED BY: County Atty X OMB/Purchasing N/A Risk Managem SION DIRECTOR APPROVAL: r�,,AW�., � " —, Tim y . cGarry, AICP M E M O R A N D U M Danny Kolhage, Clerk of the Court IM: Timothy J. McGarry,� Growth Management Director'�i'</ E: January 15, 2003 Clarification of Agenda Item Name on Restrictive Covenant )er Agenda Item Legal Restrictive Covenant Description Name on W1 1042 Donald Lang Donald Lang Lots 8 and 9, Blo Bahia Mar Estate Largo LOT AGGREGATION RESTRICTIVE COVENAN T Whereas, Donald Lang a single man, the undersigned is the sole owner the following described real property located in Monroe County, Florida described as follows. Lot(s): Land 9 Block: 6 Subdivision: Bahia Mar Estates Key: Largo PB: 4 - 79 Real Estate #(s): 00544390-000000 & 00544400-000000• WHEREAS, this Lot Aggregation Restrictive Covenant that restricts the u; the legally described property in order to receive a building permit; and WHEREAS, the above described parcel(s) was assigned additional points the Permit Allocation System for building reduction of density through a Permit # 00-3_3042 for the volunt lots. g ggregation of vacant, legally platted, buildabl NOW, THEREFORE, the undersigned agree as follows: • The above described parcel(s) shall have its density reduced from two dwelling units to one dwelling unit in consideration of a building permit tc build a single-familv resirfiAni ,-.4 • In the event of any breach or violation of the covenant contained hl the said County may enforce the covenant by injunction or such otl legal method, as the County deems appropriate. EXECUTED ON THIS __9-r day of �c>�C WITN%SESS: (Print/Type Name) ry iy C � (Print/Type Name)— ) OWNER OR OWNERS (Signature) Donald L ng — APP OVED AS TO FOR D LEGALS FICf Y BY Attorney's Office worn before me this day f Q(J A. D. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ing Date: January 15 2003 Division: _ Growth Mang ement Item: Yes _,� No Department: Planning__ NDA ITEM WORDING: Approval for the transfer of three buildable lots from Stev ein to Monroe County by Warranty Deed. I BACKGROUND: On October 23, 2002 the Planning Commission approved an alloca ants listed below provided the applicants' Warranty Deed is approved by the BOCC. Ste, ;in submitted the Warranty Deed to donate three lots to Monroe County. The applicai ng unit allocation award for the year ending July 13, 2003, have filed the document i ince No. 47-1999. 'IOUS RELEVANT BOARD ACTION: On November 11, 1999, the BOCC adopted 'RACT/AGREEMENT CHANGES: N/A. RECOMMENDATION: Approval. L COST: X TO COUNTY: N/A BUDGETED: Yes N/A SOURCE OF FUNDS: NIA WE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A )VED BY: County Atty X OMB/Purchasing N/A Risk Managemer ON DIRECTOR APPROVAL: M E M O R A N D U M Danny Kolhage, Clerk of the Court )M: Timothy J. McGarry, Growth Management Directo go 'E: January 15, 2003 Clarification of Agenda Item Land Dedications iit Name on berName on Legal Agenda Item Warranty Deed Descr 2393 Steven F. & Carole P. Sonstein 993 Steven F. & Carole P Sonstein Steven F. & Carole P Sonstein Steven F. & Carole P Sonstein Lot 2, Block 16. Pines Colony, B Key Lots 44 & 45, B. Cutthroat Harbo Estates, Cudjoe 01,'07/2M 14:18 W5-289-2536 PLANNING DEPT Prepared by: ,Alexis Colicehio P. O. Box 420112 Summerland Key, FL 33042 (Space above this line fnr recording data) -WARRANTY b >w D THIS INDENTURE made this day of 200 between Steven F. Sonstein, a married man and Carole P_ Sonstein, his wife, ("GRANI'OR(S)"), whose post office address is 699 School Road, Blue Bell, Pennsylvania 19422, and MONROE COUNTY, a political subdivision of the State of Florida ("GRANTEE'l, whose address is 500 Whitehead Street, Key West, Florida, 33040. WITNESSETH That said Grantors, for and in consideration of the sum of TEN AND 00/looths W 0,00) Dollai and other good and valuable consideration to said Grantors in hand paid by said Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the Grantee and Grantee's heirs a'. assigns forever the following described land located in the County of Monroe, State of Florida, to wit: Lots 44 & 45, Block 5 Cutthroat Harbor Estates, according to the Plat thereof, as recorded In Plat Book 4, Page 165 of the Public Records of Monroe County, Florida; Real Estate Numbers 00177940.000000 and 00177950.000o0o; and Lot 2, Bloch 16, Eden Pines Colony, according to the Flat thereof, as recorded in Plat Book 4, Page 158 of the public Records of Monroe County, Florida; Real Estate Number 00268260.000000 .THE PROPERTY CONVEYED HEREIN 1S NEITHER THE DOMICILE NOR TIME liO1v�STEAI OF THE GRANTORS IIERMN NOR ANY OF TIMIR IMMEDIATE HOUSEHOLD 1I METE DEFINED BY THE LAWS OF THE STATE OF FLORIDA. TOGETHER, with all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining, and TO HAVE, AND TO HOLD the same in fee simple forever. The Grantors hereby Grantors have good right and lawful authority to covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple, that the said land and will defend the same sell and convey said land, and hereby warrant the title t� land is free of all against the lawful claims of all persons whomsoever; and that said ncumbrances, except taxes accruing subsequent to the date of transfer. IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above written. a, n1n; 10 r-mu- BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ng Date: January 15, 2003 Division: Growth Management Item: Yes x_ No Department: Planning vUA ITEM WORDING: Approval for the transfer of one buildable lot from Micheal & :)e County by Warranty Deed; and approval for one Restrictive Covenant from Micheal & )ne dwelling unit on contiguous lots described as Lots 14 and 15, Mates Beach Plat 6, Little 1 BACKGROUND: On October 23, 2002 the Planning Commission approved an alloca ant listed below provided the applicants' Warranty Deed and Restrictive Covenant are apprc ,al & Rosemary Lang submitted the Warranty Deed to donate one lot to Monroe County cant to Monroe County. The applicants are receiving a dwelling unit allocation award for tl 03, have filed the documents in accordance with Ordinance No. 47-1999. 'IOUS RELEVANT BOARD ACTION: On November 11, 1999, the BOCC adopted [KAc:VAGREEMENT CHANGES: N/A. F RECOMMENDATION: Approval. .L COST: X 'TO COUNTY: N/A BUDGETED: Yes N/A 1 SOURCE OF FUNDS: N/i ;NUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A OVED BY: County Atty X OMB/Purchasing N/A Risk Manageme M E M O R A N D U M Danny Kolhage, Clerk of the Court :)M: Timothy J. McGarry, Growth Management Directo TE: January 15, 2003 Clarification of Agenda Item Land Dedications & Restrictive Covenant -mit Name on mber Agenda Item 1-2503 Micheal & Rosemary Lang 1-2503 Micheal & Rosemary Lang Name on Legal Warranty Deed or Description Restrictive Covenant Micheal & Rosemary Lot 15, Blocl Lang Subdivision, Key Micheal & Rosemary Lots 14 and 1: Lang Beach Plat 6, Key THJS INSTRUMENT PREPARED BY: Name: MICHAEL A. LANG Address: P.O. BOX 621 EMERSON GA. 30137 Property Appraisers Parcel Identification (Folio) Numbers: 00305430.000000 Space Above This Line For Recording Data THIS WARRANTY DEED, made rhetdv'day of i?z 2 0 by MICHAEL A. & ROSEMARY LANG, a married couple, herein called the grantor, to COUNTY OF MONROE, a political subdivision of the State of Florida, whose post office address is c% Board of County Commissioners, 500 Whitehead Street, Key West, FL 33040, of the County of Monroe, State of Florida, hereinafter called the Grantees: (Wherever used herein the terms " grantor " and " grantee" include all the parties to this instruments and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) WITNESSETH That the grantor, for and in consideration of the sum of TEN AND 0011001S (S 10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants bargains, sells, aliens, remises, conveys and confirms unto the grantee all that certain land situate in Monroe County, State of Florida, viz: Legal BLOCK 38 LOT 15 SANDS SUBDIVISION ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1 PAGE 65 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. TOGETHER, with all the tenements, hereditaments and appurtencances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantor hereby covenants with said grantees that the grantor is lawfully seized of said land in fee simple, that grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all per whomsoever; arrd that said land is free of all encumbrances, exept taxes accruing subsequent of the date of transfer. IN WITNESS WHEREOF, the said gantor has signed and sealed these presents the day and year first above written. Signed, sealed and deli v ed in the presenceof. Wi ature W ss #1l Prmted Name ss # 2 Signa MICIIAEL A. LANG v. ROSEMARY) LANG J LOT AGGREGATION RESTRICTIVE COVENANZ 1. Whereas, Mike and Rosemary Lano a married couple, the undersigne the sole owners of the following described real property located in Moni County, Florida described as follows: Lot(s): 14 and 15 Block: 3 Subdivision: Mates Beachs Plat #6 Key: Little Torch PB: 5-12 Real Estate #(s): 00220680-000000 & 00220690-000000 2. WHEREAS, this Lot Aggregation Restrictive Covenant that restricts the the legally described property in order to receive a building permit; and 3. WHEREAS, the above described parcel(s) was assigned additional poir the Permit Allocation System for building permit # 02-1-2503 for the volt reduction of density through aggregation of vacant, legally platted, build lots. 4. NOW, THEREFORE, the undersigned agree as follows: The above described parcel(s) shall have its density reduced from fin dwelling units to one dwellina unit in �; � L—A.1.1:__ - • In the event of any breach or violation of the covenant contained he the said County may enforce the covenant by injunction or such ott legal method, as the County deems appropriate. EXECUTED ON THIS 14 day of DG ''),0o'2 WITNESSES& I ' ► yvl L, yL d w - -1 L) 4je-/j (Print/Type Name) (Signature} At (Print/Type Name) OWNER OR OWNERS G� (Signature) Mike Lan (Signature) Rornary Lar APPROVEo Attorney's 01 Sworn before me this day of , � A.D. .n A h n --i_ 1 I it --Iv- Q BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Date: January 15, 2003 Division: Growth Management m: Yes —X— No Department: Planning )A ITEM WORDING: Approval for one Affordable Housing Deed Restriction for a dN I & Rosemary Lang. BACKGROUND: On October 23, 2002 the Planning Commission approved an allocati( it listed below provided the applicants' Affordable Housing Deed Restriction is approve & Rosemary Lang submitted the Restrictive Covenant to Monroe County. The applicam unit allocation award for the year ending July 13, 2003, have filed the document in ice No. 47-1999. OUS RELEVANT BOARD ACTION: On November 11, 1999, the BOCC adopted Or( 2ACT/AGREEMENT CHANGES: N/A. RECOMMENDATION: Approval. L COST: X TO COUNTY: N/A BUDGETED: Yes N/A N SOURCE OF FUNDS: N/A NUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A WED BY: County Atty X OMB/Purchasing N/A Risk Managemet ION DIRECTOR APPROVAL: 4jiothy J cGarry, AICP Al M E M O R A N D U M Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Directoryf January 15, 2003 Clarification of Agenda Item Affordable Housing Name on Name on Legal ,r Agenda Item Restrictive Covenant Description 506 Micheal & Rosemary Micheal & Rosemary Lot 10, Ramrod Lang Lang 3`d Addition, Rar. Key MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STATE OF FLORIDA COUNTY OF MONROE Notice is hereby given that- I- I/We, Michael & Rosemary Lanq a married couple, the undersignec is/are the sole owner(s) of certain real property, situated, lying and be in Monroe County, State of Florida, described as follows: Lot(s): 10, Subdivision: Ramrod Shores Third Additio Key: Ramrod PB: 6-108 (If legal description is metes and bounds, attach a separate sheet) Real Estate Number: 00209971.001000 lt. The residential unit Building Permit Number is 02-1-2506. III. Under the affordable housing provisions set for in Chapter 9.5 of Mon County Land Development Regulations, the owner or owners of the above -described real property have been exempted from payment of Share Impact Fees" for a (check one): a single-family x, a multi -family _, a mobile home to be constructed on said real property. IV. The annual adjusted gross income for the owner -occupied or tenant - occupied household does not exceed one hundred (100) percent of th median adjusted gross annual income within Monroe County. V. The rent (employee housing/tenant) will not exceed thirty (30) percent the median adjusted gross annual income divided by 12 for household within Mnnrnc Vil. The applicant(s) have used the affordable housing program to gain additional points in the permit allocation system pursuant to Monroe County Section 9.5-122.3(6). VIII. The covenants shall be effective for fifty (50) years, but shall not commence running until a certificate of occupancy has been issued by building official for the dwelling unit(s) to which the covenant or covena apply. This deed restriction shall remain in effect for fifty (50) years regardless of the owner(s) or occupant(s) ability to comply or re -qualify an annual basis or as otherwise may be required. IX. All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title. I/we certify that 1/we am/are familiar with the information herein contained anc that it is true and correct to the best of my knowledge and belief; and Itwe will abide by the above stated restrictions pursuant to Monroe County Code Char 9.5 as may be amended from time to time. W SESS: (S na ure) m t 4 � d 4, iL PIVLli '(Print/Type Name) Z2)Ay4z - /A,) C-L (Signature) APFROVED Tu �=OF•'V 4W-n,GAL .:� IEfJCS OWNER OR OWNERS "ai"-- (Signature) , Michael Lang Address: P•Q ti 5,4 Q2 k EIMERSa o GA, 301 (Signature) Rosemary Lang Address: Fit- �W GZ t 16Y Attomay's Offic EmlMi�sbt,3 ADD -ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY )ate: January 15, 2003 Division: Growth Management 1: Yes _x No Department: Planning k ITEM WORDING: Approval for one Affordable Housing Deed Restriction for a dwe k Rosemary Lang. ACKGROUND: On October 23, 2002 the Planning Commission approved an allocation listed below provided the applicants' Affordable Housing Deed Restriction is approved k Rosemary Lang submitted the Restrictive Covenant to Monroe County. The applicants unit allocation award for the year ending July 13, 2003, have filed the document in a e No. 47-1999. SUS RELEVANT BOARD ACTION: On November 11, 1999, the BOCC adopted Ordi ACT/AGREEMENT CHANGES: N/A. tECOMMENDATION: Approval. COST: X BUDGETED: Yes N/A No 'O COUNTY: N/A SOURCE OF FUNDS: N/A UE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A Y VED BY: County Atty X OMB/Purchasing N/A Risk Management JN DIRECTOR APPROVAL: J. W(barry, AICP ADD -ON M E M O R A N D U M Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Directo January 15, 2003 Clarification of Agenda Item Affordable Housing Name on Name on Legal Agenda Item Restrictive Covenant Description Micheal & Rosemary Micheal & Rosemary Lot 9, Ramrod Shc Lang Lang Addition, Ramrod MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STATE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I/We, Michael & Rosemary Lang, a married couple, the undersigned is/are the sole owner(s) of certain real property, situated, lying and beil in Monroe County, State of Florida, described as follows: Lot(s)_ 9, Subdivision: Ramrod Shores Third Addition Key: Ramrod PB: 6-108 (If legal description is metes and bounds, attach a separate sheet) Real Estate Number: 00209971.000900 The residential unit Building Permit Number is 02-1-2505. III. Under the affordable housing provisions set for in Chapter 9.5 of Monr County Land Development Regulations, the owner or owners of the above -described real property have been exempted from payment of " Share Impact Fees" for a (check one): a single-family x, a multi -family a mobile home to be constructed on said real property. IV_ The annual adjusted gross income for the owner -occupied or tenant - occupied household does not exceed one hundred (100) percent of the median adjusted gross annual income within Monroe County. V. The rent (employee housing/tenant) will not exceed thirty (30) percent the median adjusted gross annual income divided by 12 for household VII. The applicant(s) have used the affordable housing program to gain additional points in the permit allocation system pursuant to Monroe County Section 9.5-122.3(6). Vill. The covenants shall be effective for fifty (50) years, but shall not commence running until a certificate of occupancy has been issued by t building official for the dwelling unit(s) to which the covenant or covenar apply. This deed restriction shall remain in effect for fifty (50) years regardless of the owner(s) or occupant(s) ability to comply or re -qualify an annual basis or as otherwise may be required. IX. All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title. I/we certify that I/we am/are familiar with the information herein contained and that it is true and correct to the best of my knowledge and belief; and I/we will abide by the above stated restrictions pursuant to Monroe County Code Chap' 9.5 as may be amended from time to time. j TESSES OWNER OR OWNERS gna ure) (Signature) 04 Print/Type Name) (Signature) %"---l- A-"-u�� (PrintrT a Name APPROVED rn rORNI 6NCY eY &Airtorney"s O hce Michael Lang Address: Ptb-. SC-G?-k UInnIr9SOtIl GA % 3011, I I �--xrvwa, Rosemary Lang Address: f,o, 8DK G2k EMF-9-s01,) GA, 3or3' ADD -ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ting Date: January 15.2003 Division: Growth Mana ement :Item: Yes x No Department: Planning ;NDA ITEM WORDING: Approval for one Affordable Housing Deed Restriction for a Shipley. W BACKGROUND: On December 4, 2002 the Planning Commission approved an allot icant listed below provided the applicant's Affordable Housing Deed Restriction is appri Shipley submitted the Restrictive Covenant to Monroe County. The applicant is receiN ation award for the year ending July 13, 2003, has filed the document in accordance with VIOUS RELEVANT BOARD ACTION: On November 11, 1999, the BOCC adopted [TRACT/AGREEMENT CHANGES: N/A. FF RECOMMENDATION: Approval. 'AL COST: X lT TO COUNTY: N/A EENUE PRODUCING: Yes N/A No BUDGETED: Yes N/A SOURCE OF FUNDS: N AMOUNT PER MONTH N/A ROVED BY: County Atty X OMB/Purchasing N/A Risk Managerr. [SION DIRECTOR APPROVAL: 4othy. Garry, AICP MEMORANDUMADD-ON Danny Kolhage, Clerk of the Court Timothy J. McGa rry, Growth Management Direj� E: January 15, 2003 Clarification of Agenda Item ier Affordable Housing Name on Item Name on Legal Restrictive rnv,.na"+ n....__ 157 Emil Shipley Emil Shipley Lot 2, Block 4, F Shores, Ramrod MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE HOUSING DEED RESTRICTION STATE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: l I/We, Emil Shioley a single man , the undersigned is/are the sole owner(s) of certain real property, situated, lying and being in Monroe County, State of Florida, described as follows: Lot(s): 2 Block: 4 Subdivision: Ramrod Shores Key: Ramrod PB: 4-6 (If legal description is metes and bounds, attach a separate sheet) Real Estate Number: 00207430.000000 II. The residential unit Building Permit Number is 02-1-4157. Ill. Under the affordable housing provisions set for in Chapter 9.5 of Monr County Land Development Regulations, the owner or owners of the above -described real property have been exempted from payment of " Share Impact Fees" for a (check one): a single-family x, a multi -family a mobile home to be constructed on said real property. IV. The annual adjusted gross income for the owner -occupied or tenant - occupied household does not exceed one hundred 000) percent of the median adjusted gross annual income within Monroe County. V. The rent (employee housing/tenant) will nr,+,5v,.9Mo14 +w VII. The applicant(s) have used the affordable housing program to gain additional points in the permit allocation system pursuant to Monroe County Section 9.5-122.3(6). VIII. The covenants shall be effective for fif ty (50) years, but shall not commence running until a certificate of occupancy has been issued building official for the dwelling unit(s) to which the covenant or cove apply. This deed restriction shall remain in effect for fifty (50) years regardless of the owners) or occupant(s) ability to comply or re -qua an annual basis or as otherwise may be required- IK All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title. I/we certify that I/we am/are familiar with the information herein contained ai that it is true and correct to tbkA best of my knowledge and belief, and I/we w abide by the abov sta estrictions pursuant to Monroe County Code Ch; 9.5 as ma e f me to time- O�ER OR OWNERS (Signature) (Print/Type ame) Emil Shipley Address: APPROVE£ Fta TO FOB A �GAE -; C!P BY Attorneys Office T e foreg ing instrument was ack owledge before me this c2 2MZ A. D. by 7ih 1 ,Sh, DI/L. —.20 day of ADD -ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Date: January 15, 2003 Division: Growth Management n: Yes x_ No Department: Planning ,A ITEM WORDING: Approval for one Affordable Housing Deed Restriction for a dw W. & Wanda Lowe. 1ACKGROUND: On October 23, 2002 the Planning Commission approved an allocatio t listed below provided the applicants' Affordable Housing Deed Restriction is approve( W. & Wanda Lowe submitted the Restrictive Covenant to Monroe County. The applicant unit allocation award for the year ending July 13, 2003, have filed the document in ,e No. 47-1999. )US RELEVANT BOARD ACTION: On November 11, 1999, the BOCC adopted Ord :ACT/AGREEMENT CHANGES: N/A. RECOMMENDATION: Approval. COST: X TO COUNTY: N/A BUDGETED: Yes N/A N( SOURCE OF FUNDS: N/A 1UE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A I )VED BY: County Atty X OMB/Purchasing N/A Risk Managemen ON DIRECTOR APPROVAL: 61 ___� Tirh thy, J McGarry, AICP 4 ADD -ON M E M O R A N D U M Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Dire6 L January 15, 2003 Clarification of Agenda Item Affordable Housing Name on Name on Legal r Agenda Item Restrictive Covenant Description Edward W. & Wanda Edward W. & Wanda Lots 3 and N '/z o1 Lowe Lowe Block 2, BreezesN Beach Estates, Ra Key MONROE COUNTY PLANNING DEPARTMENT AFFORDABLE, HOUSING DEED RESTRICTION STATE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: IM/e, Edward W. & Wanda Lowe, a married couple, the undersigned is/are the sole owner(s) of certain real property, situated, lying and be in Monroe County, State of Florida, described as follows: Lot(s): 3 and N'/7 of 4 Block: 2 Subdivision: Breezeswept Beach Estates Key: Ramrod PB: 4-143 (if legal description is metes and bounds, attach a separate sheet) Real Estate Number: 00200950.000000 and 00200960.000000 The residential unit Building Permit Number is III. Under the affordable housing provisions set for in Chapter 9.5 of Mon County Land Development Regulations, the owner or owners of the above -described real property have been exempted from payment of Share Impact Fees" for a (check one): a single-family X , a multi -far unit, _, a mobile home to be constructed on said real property. IV_ The annual adjusted gross income for the owner -occupied or tenant - occupied household does not exceed one hundred (100) percent of tl median adjusted gross annual income within Monroe County. VII. The applicant(s) have used the affordable housing program to gain additional points in the permit allocation system pursuant to Monroe County Section 9.5-122.3(6). VII I. The covenants shall be effective for fifty (50) years, but shall not commence running until a certificate of occupancy has been issued by building official for the dwelling unit(s) to which the covenant or coven,, apply. This deed restriction shall remain in effect for fifty (50) years regardless of the owner(s) or occupant(s) ability to comply or re-qualif an annual basis or as otherwise may be required. IX. All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title. I/we certify that I/we am/are familiar with the information herein contained an that it is true and correct to the best of my knowledge and belief; and I/we wil abide by the above stated restrictions pursuant to Monroe County Code Chal 9.5 as may be amended from time to time. WITNESSESS: (Signature) i� Sri (Print/Type Name) (Signature) f D I CAT�(►GV ( ri A? 0 VEU A:' TO/Jco�.NIIDEGA ;:. _ CY BY NER OR OWNERS . �k �, � (Signature) Edward W. Lowe (Print/Type Name) Address: Rh. (1)63C Y�2 (Signatu Wanda Lowe (Print/Type Name) Address: e • O. 4'�)OC � M BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY zg Date: January 15. 2003 Division: Growth Management tem: Yes _x No Department: Planning MA ITEM WORDING: Approval for the transfer of two buildable lots from Robert V. y by Warranty Deed. BACKGROUND: On October 23, 2002 the Planning Commission approved an allocal int listed below provided the applicant's Warranty Deed is approved by the BOCC. 1 ted the Warranty Deed to donate two lots to Monroe County. The applicant is receivir ion award for the year ending July 13, 2003, has filed the document in accordance with ( IOUS RELEVANT BOARD ACTION: On November 11, 1999, the BOCC adopted 01 'RACT/AGREEMENT CHANGES: N/A. RECOMMENDATION: Approval. .L COST: X TO COUNTY: N/A BUDGETED: Yes N/A SOURCE OF FUNDS: N/,A NUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A DYED BY: County Atty _2L OMB/Purchasing N/A Risk Managemei [ON DIRECTOR APPROVAL: dw It 4 ADD-C M E M O R A N D U M Danny Kolhage, Clerk of the Court M: Timothy J. McGarry, Growth Management Direct r =• January 15, 2003 Clarification of Agenda Item Land Dedications t Name on Name on Legal per Agenda Item Warranty Deed Description .615 Robert V. Raskey Robert V. Raskey Lot 4, Block 18, Pines Colony, Bi Key 615 Robert V. Raskey Robert V. Raskey Lot 23, Block 5, Pines Colony, Bi Key Prepared by: Alexis Colicchio P. O. Box 420112 Sutnmerland Key, FL 33042 (Space above this line for recording data) THIS INDENTURE made this day of , 2003 between Robert V. Raskey, a single man ("GRANTOR(S)" ), whose post office address is 1219 Pagano Court, Port Orange, FL 32119, and I ONROE COUNTY, a political subdivision of the State of Florida ("GRANTEE"), whose address is 500 Whitehead Street, Key West, Florida, 33040. V TTNESSETH That said Grantors, for and in consideration of the sum of TEN AND 00/100ths (S10,00) Dollars and other good and valuable consideration to said Grantors in hand paid by said Grantee, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the Grantee and Grantee's heirs am assigns forever the following described land located in the County of Monroe, State of Florida, to xjt: Lot 4, Block 18, Eden Pines Colony, as recorded in Plat Book 4 Page 158 of the Public Records of Monroe County, Florida; Real Estate Number 00268740.000000 and, Lot 23, Block 5 Eden Pines Colony, as recorded in Plat Book 4 Page 158 of tape Public Records of Monroe County, Florida; Real Estate Number 00266160.000000 THE PROPERTY CONVEYED HEREIN IS NEITHER THE DOMICILE NOR THE HOMESTEAD OF THE GRANTORS HEREIN NOR ANY OF THEIR IMMEDIATE HOUSEHOLD AS DEFINED BY THE LAWS OF THE STATE OF FLORIDA. TOGETHER, with all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining, and TO HAVE AND TO HOLD the same in fee simple forever. The Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple, that the Grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to the date of transfer. IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above written. �ESSES: ti Si riot laic Grntuor Robut V, RaskLy _ M . Si Print Name , ST TE OF FLORIDA COUNTY OF MONROE Gn for BOARD OF COUNTY COMMISSIONERS ADD-01 AGENDA ITEM SUMMARY ing Date: January 15 2003 Division: Growth Manaeement Item: Yes _� No Department: Planning NDA ITEM WORDING: Approval for one Restrictive Covenant from Michael A. & Toi ing unit on contiguous lots described as Lots 2, 3, and 4 and adjacent Alley, Block 15, i BACKGROUND: On October 23, 2002 the Planning Commission approved an alloca ants listed below provided the applicants Restrictive Covenant is approved by the BOCC. submitted the Restrictive Covenant to Monroe County. The applicants receiving one dwelt for the year ending July 13, 2002, have filed the document in accordance with Ordinance N IOUS RELEVANT BOARD ACTION 'RACT/AGREEMENT CHANGES: N/A. RECOMMENDATION: Approval. COST: X TO COUNTY: N/A On November 11, 1999, the BOCC adopted BUDGETED: Yes N/A N SOURCE OF FUNDS: N/A VUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A WED BY: County Atty X OMB/PurchasingN/A ., _- Risk Managemen ON DIRECTOR APPROVAL: Tit ►#thy'T McGbrry, AICP M E M O R A N D U M Danny Kolhage, Clerk of the Court 'M: Timothy J. McGa rry, Growth Managemen for E: January 15, 2003 Clarification of Agenda Item per Restrictive Covenant Name on Agenda Item Name on Legal Restrictive Covenant n-.-- 899 Michael A. & Tori Kidd Michael A. & Tori Kidd ADD-O] Lots 2, 3, and adjacent Alley, 15, Anglers Parl Largo. LOT AGGREGATION RESTRICTIVE COVENANT 1. Whereas, Michael A. & Tori Kidd a married couple, the undersigned are t sole owners of the following described real property located in Monroe County, Florida described as follows: Lot(s): 2. 3, and 4 Block: 15 and adjacent part alley Subdivision: Anglers Park Key: Key Largo PB. 1-159 Real Estate #(6): 00563620.000100 00553620.000200 ar 00553620.000300• and 2. WHEREAS, this Lot Aggregation Restrictive Covenant that restricts the L the legally described property in order to receive a building permit; and 3_ WHEREAS; the above described parcel($) was assigned additional point the Permit Allocation System for building permit #01-3-2899 for the volur reduction of density through aggregation of vacant, legally platted, builds lots_ 4. NOW, THEREFORE, the undersigned agree as follows: The above described parcel(s) shall have its density reduced from thi .. . - - --'----te,_. ..—:t :— ----;A ^f o Fv itIeginn ni-rm • This covenant is intended to benefit and run in favor of the County of Monroe; and • In the event of any breach or violation of the covenant contained here the said County may enforce the covenant by injunction or such other legal method, as the County deems appropriate. EXECUTED ON THIS day of -b�k eE ZOOL OWNER OR OW S (Sig ature) ichael A. Kidd WITNESSESS: (,r 'gna ure) To i Kidd (Signature) (Print/Type Name) (Signature) S U S t*J Epp r-:) (Print/Type Name) AJDPROVEU AS,,TO Fe _ ! r AL F CIE) 1BY Swom before me this _a day of 'b E CLEW Psi; lC OZ A.D- H.1CNELCE /3QE LL ADD -ON BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Date: January 15, 2003 Division: Growth Management n: Yes x No Department: Planning IA ITEM WORDING: Approval for the transfer of one buildable lot from Karl H. & The County by Warranty Deed. 1ACKGROUND: On February 27, 1997 the Planning Commission approved an allocati( is listed below provided the applicants' Warranty Deed is approved by the BOCC. Kar submitted the Warranty Deed to donate one lot to Monroe County. The applicants are rece cation award for the year ending July 13, 2002, have filed the document in accordance wit )US RELEVANT BOARD ACTION: On November 11, 1999, the BOCC adopted Ord )n June 19, 2002 the Board of County Commissioners approved Resolution No. 263-2002 ;rmination Promulgated by the Special Master. ACT/AGREEMENT CHANGES: N/A. RECOMMENDATION: Approval. COST: X CO COUNTY: N/A BUDGETED: Yes N/A No SOURCE OF FUNDS: N/A 1UE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A I ,VED BY: County Atty X OMB/Purchasing N/A Risk Risk Management iIl AT ilillT!'�Tl1Tl ♦ . 1x 7 ♦ r _ • , 0 �, I 1 I 1 / A ADD -ON M E M O R A N D U M Danny Kolhage, Clerk of the Court Timothy J. McGarry, Growth Management Direc January 15, 2003 7� Clarification of Agenda Item Land Dedications Name on Name on Legal Agenda Item Warranty Deed Description Karl H. & Theresia Karl H. & Theresia Lot 5, Block 11, Pz Golinast Gollnast Villa, Big Pine Ke) Karl and Theresia Gollnast 9341 lcricho Rd 56#1rtan, MI 49106 Folio Number' �� 00279400.000000 L prepared by: WARPLANTY DEED it)li Bcrwcen 1CARL H. GOLLNA.S and ► I(ERE51A Tills INDENTURE made this 11 day of Dew—, Michigan whose address is 9341 7er'dto Rd, Bndgtnan• Ml 49106, un of Benim,CountyContmissioncrs, 500 GOLLNAST a married couple, Co State of Florida Grantee. Grantors, and THE COUN I Y OF VIUNROE, whose post otl"me address is do Board Of Whitehead Street, yey West, Florida 33040. of the Gounry of Monrve, Dollars and d_bcd land Grantor in hand paid Gtan6�'s hcirsrassigns�forcverPhe following hereby W lTNE5SET11,'that the said Grantor for and in consideration of the sum of Tcn and Holt W's ($10. demtions to the sid other good and valuable bargatned and sold to he Grantee a acknowledged; has g vROE County. State of Florida, to wit' situate, lying and being in MO f as recorded In Plat Book 1 His Pine Key, according to the Plat therco , Lut S, Block 11, PALM VILLA SUBDIVISION, Florida Page 89, of the Public Records Of Monroe county urtcnan ces thereto belonging ar in anywise appertaining with all the tenements, hercdiuurtents and app le; '1'OGETHF.R the same in fee simple forever. we lawfully seized of said land in fee simp TO HAVE AND TO HOLD, rantccs that the grantorstud land, and hereby warrant the title to said land and the grantors hereby covenant with said g to sell end convey except AND + Sr t and lawful authority that the grantors have good nigh will defend the same aga nst the lawful clatrru of all persons whomsoever, end that said land isanrJyear f eater sr above written taxes accruing subsequent to date of transfer, and sealed these presents the day Y IN W I-VNESS WHEREOF, the said Grantors have signed SIGNED AND SL•AI.ED IN OUR PRESENCE: Witness Signature Norma Carpeute" printed signature Witness Signature Signature Ilelauie Bush printed Signature 0 Karl H. Golluast 9341 Jericho Rd Bridgman, MI 49106 Theresia Gollnast 9341 Jcrlcho Rd Bridgman, MI 49106 STATE OF MICHIGAN COUNTY OF BERRIEN day ofz112by d and wife who are personally known to the or who have e oing instrument was acknowlcdgcJ before me this who Inc Cor F Karl H. Gollnast and Theresia Got lnas'ah dent f cation• --- "— - -' - -J — produccd a