The URL can be used to link to this page

Home My WebLink AboutR. County Attorney BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUM:MARY Meeting Date: April 21. 2010 (KW) Division: County Attorney's Office Bulk Item: Y es ~ No Department: Staff Contact Person/Phone #:Suzanne Hutton x3473 AGENDA ITEM WORDING: Approval to cancel December 1, 1983 lease (Exhibit 1 in Back-up) with Outdoor Resorts at Long Key, Inc., providing an effective cancellation date of May 1, 2010, and for notice to be provided immediately after the BOCC meeting to the attorney for Outdoor Resorts. ITEM BACKGROUND: From August, 1961 through January, 1970, Monroe County deeded to the State several segments of property just to the east of the property developed as Outdoor Resorts (Exhibits 2 & 3). Due to an error in property record cards, the County leased to Outdoor Resorts in 1983 property which had already been titled to the State. The area in question includes a portion immediately adjacent to the Outdoor Resorts package treatment plant, for which the County and Outdoor Resorts have previously entered an agreement for Outdoor Resorts to provide extra capacity during the plant upgrade in exchange for the County agreeing for a period of years not to require connection to any central system. The State and Outdoor Resorts are working out details of an agreement for a portion of the property to be used for staging during the upgrade process but the State requires the lease to be cancelled. PREVIOUS RELEVANT BOCC ACTION: January 20,2010: Approval of agreement re capacity in plant upgrade in exchange for promise not to require connection for 20 years. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: -0- INDIRECT COST: -0- BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: -0- SOURCE OF FUNDS: REVENUE PRODUCING: Yes No x AMOUNTPERMONTH_ Year APPROVED BY: County Atty _~;;~.BlPurchaSing _ Risk Management_ DOCUMENTATION: Included Not Required_ DISPOSITION: AGENDA ITEM # Revised 7/09 f:y../f I i3 / -r / LEA S E THIS LEASE made this ~ day of ~ , 1983 by and between MONROE COUNTY, FLORIDA, Hereinafter called "the Lessor", and OUTDOOR RESORTS AT LONG KEY. INC.. Condominium hereinafter called "the Lessee". WIT N E SSE T H : That in consideration of the covenants, herein, contained on the part of said Lessee to be kept and performed. the said Lessor does hereby lease to the said Lessee the following described property: Situated on Long Key in the County of Monroe an State of Florida and known as being a parcel of land within Section 7. Township 65 South, Range 35 East, bounded and described as follows: Commencing on the northerly right-of-way line of U.S. Highway No.1 at its intersection with the East line of Section 7, Township 65 South, Range 35 East bear South 690-05'-00" West along the said northerly right-of-way line of U.S. Highway No.1 457.12 feet to the Southeasterly corner of Long Key Project Section II as shown by Plat recorded in Plat Book 6, Page 44 of Monroe County Public Records; thence bear North along the East line of said Long Key Project. Section II 55.89 feet to the POINT OF BEGINNING of the parcel of land herein intended to be described; thence continue North along the said East line of Long Key Project, Section II. 258.06 feet; thence bear East 197.76 feet; thence bear South 182.48 feet; thence bear South 690-5'00" West 211.71 feet back to the Point of Beginning and containing 1.00 acres of land. This parcel is further described as Parcel "A" on the survey attached hereto as Exhibit "A". TO HAVE AND TO HOLD the same for a term of thirty (30) years from the 10th day of November. 1983. the said Lessee paying therefore total rent of $22,500.00, subject to the conditions contained herein for an increase in rent. The said Lessee covenants with the said Lessor to pay the said rent in annual payments of $750.00 each on the 10th day of November of each year during the term of this lease, the first of said annual payments being payable upon execution of this lease. That the annual rental amount shall be tied to an inerease in the Consumer Price Index in that the rent shall increase an equal amount to the pereentage increase in said Consumer Priee Index. Sbould tbe Consumer Priee Index decrease, tbe annual rent shall also decrease on an equal percentage basis. The Lessor shall notify the Lessee in writing thirty (30) days prior to the annual due date of any increase or decrease in rent based on the Consumer Price Index. The Lessee hereby releases the Lessor of any and all claims and/or litigation which may arise out of this Lease Agreement, save for the enforcement of this Lease Agreement. The Lessee shall be allowed to make necessary improvements upon the leased premises so long as the necessary permits are obtained from the proper government agencies Dr authorities, and this lease is contingent upon the Lessee receiving said necessary permits and approval. The leased premises is to be used for the storage of recreational vehicles and related equipment, including, but not limited to boat trailers, unoccupied RV units and/or other type trailers. The Lessee shall see that the leased premises shall only be accessible to said Lessee via its property known as OUTDOOR RESORTS AT LONG KEY, INC., a condominium, and that said leased premises shall not be accessible via U.S. Highway No.1. The Lessee shall make no unlawful, improper or offensive use of the premises; shall not assign this lease or sublet any part of said premises without the written consent of the Lessor; shall not use use said premises for any purposes other than that stated herein; and shall quit and deliver up said premises at the end of said term in as good a condition as it now is. save for improvements placed thereon which shall be allowed to remain. Lessee shall provide a buffer from the highway and all roadways of planted vegetation that will be six feet high and four feet wide. Said Lessee bereby covenants and agrees that if default shall be made in the payment of rent as aforesaid or if said Lessee shall violate any of the covenants of this lease, then said Lessee shall become a tenant at sufferance, hereby waiving all right of notice, and the Lessor shall be entitled immediately to re-enter and retake possession of the demised premises. IN WITNESS WHEREOF, the parties bereto have hereunto affixed their hands and seals on the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) . ~~ l.a. ~~ · By . -~ I...\.." r ~yor~~a"rman - Attest: ~e,t/'~ Signed, sealed and delivered in the presence of: OUTDOOR RESORTS AT LONG KEY, INC., A Condominium By Q~n< s~ Attest~d ;jJ..A-<.'UA.- ecre ar As to "Lessee" STATE OF FLORIDA ss COUNTY OF MONROE BEFORE ME, the undersigned authority. personally appeared WILHEIMINA G. HARVEY and DANNY L. KQLHAGE to me known to be the Chairman and Clerk of MONROE COUNTY, FLORIDA, who after being duly sworn and cautioned, deposes and says that he executed the within and foregoing Lease for the uses and purposes therein expressed. WITNESS /CjO/lifr;it/J my hand and official seal on this ?)tk day of , 1983. .. .,~)7 -""\/~ !J!I~~/>hlt" : /Motary Publ'fc. St e of Florida My Commission Expires: ~i~1 ....c'.;I,;~~I...C;; t. ;."~:" ~ >, <"J5 ~-ClnoJll.J fi1-lLl THIY ~d-~n . l/l~~,...nllj Ir1C, STATE OF FLORIDA ) 6S COUNTY OF MONROE BEFORE ME, the undersigned authority, personally appeared ANN SAWYER and ERWIN J. BROWN to me known to be the President and Secretary, respectively, of OUTDOOR RESORTS AT LONG KEY, INC.. A Condominium. who, after being duly sworn and cautioned, deposes and says that she executed the within and foregoing Lease for the uses and purposes therein expressed. WITNESS my hand and official seal on this ~day of M...J'..-n ~ . 1983. -~- CM,~Q~~ Notary ublic. State f Florida My Commission Expires: APPROVED AS TO FORM AND LEGAL SUFFICIENC.Y. 1..,....1 ~ Ltl."; , . ' '" /) By/~ "' Attorney'. Office I l. ~ r- \ m \ ~~~ --~--l\ \\\\ \, \ H! ~ . ~ \ .\ \ .'!.!i!~~ ~. ~ \ '\\ \ \\ ~ ! fJ g 1! 1. , ~ -i l ~~ .\\,\ ~ : ~ c \, \ \\\ \ \. \ ~ \ \ \ ....,.... "II \" ~~ I ~ -----.....-....-\\ \...........-\ \ \,. I~ ~ ~. O~-a.a 'Slld 'LL> 'S'~'O \ .....(\ \ \ ~\ \ 3; ~~ g ! I ~ { P \ \~ \ \' \. \4.~ \ : ~h "". I - I r J I ,k J n~ O'=:=H""""" \'i, . \ \1, I n~ "''---'\ f 1..........,,;..,._Ol~; ~" , ., . \ \ .... ,;.~. JO: A ~~ '--..,~- -=a<'c.-1!-~I_) I ~ & .t=..:~ ("!:~-.qt>n) ;; .00.0<1.00 'j. "\\.-_\_.~\.._ "\" ~ ~~. ("S1II.<Co."'" ~. ~ oooc.-;;;-'; ---r"L \; ;H l{\ ~. IIi ~ ~ ~;::j.\~;\ 1"\""\ ~.' ('~',,' I~e':;~ T./' ~ I'~~~' -+}.:I-' . \ I ~?) I d It', ~ \.....\.. \.- ~:..L' ~ H~ \/. ~ I l i j~ Yo"" ~ \, \ \ \' ~ ~~;"k, (\-"'--"'"'. '"<;~~i }l i > I 0 \J \' \ \ -\1> ~t "~/\ 1j \ {Jl ID -l 1<> \ ". \ . ~l:.~~ I .-\_ I. . ) r f" \ \ \' ; V-'(.....'\...........---.-L-ll...--. ~ -< ) ~. \' . \ \\ ./ I 0 Z ~ \ \' 0() Q..( ./' . 'TJ j a \ \ .-\.-/\;1> ~ 7Xk. ~ rg-IO-U13:lllVd 3SV31 \ gl o ~;3 ", -..-'( \ .. ~ \ / ",,."'; '" >'//l.'" UO=f"O ., """,,\ '''''''''')Y'' I ~ o f;l ~ \ \ "\ ~. it, ~\ 0 ~ \ I 0 o t; r- \ \ , . "Y , ~ ~ ~\ ~ .\::u ffl) "-l i::: \ , \\ i .. (I, ~\ /J ' 6 z ~ !! ! \,\\\" 1;~~}~;~' ....~~~~, _ J ~ ~ ~Z ~ ,. .!"aa \' .,.....U'\I.-'l\ 00 g 5 : ~ -- \'!'t\ '6 ~ - -<3 .r~ ~a ~ ~,,~ ti I :'~ ~ ~ ~ ~ \. ~~~ ~o ~ \~ ~ ~ ~ !ll in ~ ~ ~ ll'=< I '0 <> ~ :: l: \fI \ ''''~.,. .~ m "" ". .... t <l . ;l: ~ 'at p ~ ~ ~ ':;; \ "i~ 0"\ . ~ '; "\ t; _ <l " l;j I 's ?J ~ !Jl ~ V\ \ \ ~ !" \ l '" ~ \ =a:" ~ Zl ~ :-.. !I' ~:: ~ "%. ,-:>:.~ '1-.. --<)~% !'l ~~:...~ a< .fo."'f'~ ~ \~ ~" ~\o. ....:.-C;"C;;1; ~ :.. .... l; - '; ~\~ , '" ~ ,:;;! 5 .... !l 1. B "" "T:I !Jl Ii ::::; ~~ \ ' \ '\ ~ \ \ 0. 0. ~ ~ ~ ~. 51 ~ ~ 0. ~ \" \ ~... '" \ g. g. ~ ...!:!"ll i:::! UI c;> .; 0 'l. ~. \ 0?- '" "" .. :t"!'!. l< ",..JI!ii! ~ '" if '::. .,. .. \ o.~.. t1\' Q ~ l)) "\ \ \ \\ \ 'i. I~ ../~ l' b 11: g: ) !il ~ 1. .. \, \ 'i .(<>"'", ~ - Ii I <:;: ..JI ~ Q ~ 'j' \ \\ " ..... ......<iJ .............- ~ g ~? ~ , Olj -0 " !!! ~ ......0......... ~ 0 0> ~ .. ~ c c. . , \\ 0 I - ~ (lj:g I \ ~...51o !d \\ ....1.. <.,..,P11fl I \ UII~ i:l \.." \ \" I ~h !'l ~ ~ ~. -90\ ~ ta~~ ~"h ) - ~~.... :II i:; 1"1 .-.- 'i';,. '.' \ ~ :.: .~::. ...... ~i II"- =tJ -< ~~ '-'; 5l III ~ 0 . ~ ~ h~ ~",~ o::-I!il. ~O ~Z ~ ~~ ;tll ~. 1~)IIIao;;'W . ~ ~ t~ ,. ..... ......,; =$-:~ .~ d~ F~~-~.~- ..., '~~~~"~~ I;: ~~~~~~~S 's ',p Q~"~ II! ~~~.~~.~ '" .:Ii 2{,l~!17 5..:~ ...o;;~ Si.lS ~~;. >!~ ::;::-- #:~ 4.".~1t ~y a~"'I~~ ~~.,' G:~~ ~., ~~~r' j:{,~ ~\,!.. '~~'" ~$l. . ...~,r.. ~" II, d~ ~,.~ ~:; 1 !;:~ ..fi & -11)0 ~. ~ t;~ ~h lL;t: ~i B ---j: . !, ~ " ~u lo.t l.p G!l ::fla!Er'1ID.a=a:t:L.JDU::r.~~~~ Itf'O:'ntttt;;tI'HE~YCl'.UtM:l.N1Ylt'C(CE , v i LONG. ~ MCf'teAnoN NU!A Lac.-n:~Cl:lum:-~ 'i' ,:if J r3 (1 - ~ ~CPjt~~ . ~p n" 'IIr.;.lf'ijfi "!. ~':'D "I.~"~~= E~~R ~~ . ''S1f:;~ ~~;~ i~ q~~~ -~ ~F~' ~~~~ :',~:i~ "~:Jl ~ ~ i' e;;~n ~..~ ~~ <~ :J>~r. .~. " ~j;'~ ~tJ~a !r.~ ~ .~.~ ~~~!:i ~~~ Z; ~~~ ~;'!i ~9~ l' tl.!~ il.:4 r.6 'Q!~ ., ::.g-'1 ,...1J III? F,~" 1 ~?;n '.;V:l S.J .....0... 'J ~ '" ~'& ~q ~~8 i ~i~ ~ ~ ~;1';!i. ", ~ ~~. 1~ wV.. " ~:<~ ~~"'t...1I..." ......~ I man- lit:. c: tIm3m 1ft',; ~..... ~ ~S"JiJ.1(' . . 'I~ r o Q )>. :; ;:l ;; ~ 1! .. ~ J'l'> M :I: ~ !( ~ ~ ~ U . . . qij t ~ . ~; ~ 'j! , f, ~ ~ l ~ -- llD'T. .r El:VlIlOmtCtt.U. PI1OTttnQ~ ~""'IiiII'n:r-.l~ 1fOI~1L?Il. ~n.... - ......... ;or ." .;; ~ ::::: ~ ::0 :1 ~ '" <D W '" s;o. 2" ~ '1 ~ .g E!: 0 i~ ..., ::J "" ~ ~ ?"/', 9- ..... 0. 'S' , 0 ~ ~ :s " lQ ~iS en " a > (D '1l1:' (1) Wi .., ~l ." Q, m ro I") '" ~ (i " " ::T " ~ ~ :T " '" q 0.- '" "t:l ::0 " ." ~ C CD a " CII ." " ~ CD l:: :1 g, ..... -a Eif '" 6 !:l) ;;! f. " ~ tii o' s: S ;: '" 0 !l <;> ;u a. <;> <> '" <> " 5: 0 C/) ;,;, a. CD ..... ~ III ~ ..... = () (\) :T "'t Z :s !:l) <D .... :E (\) (j) =" CD (\) m '< () :T -" ...l. (f) ...l. ro OJ ::J OJ a. -.J m en 3 "'0 l1b tl) '"'I (') ~ C Q e e (0 00 00 ..... :f Q I (ii' e 0 OJ (:) III ..., 0 1i (:) 0 z m III ~ ~ 3 ;u III fl) CD " Q -I Q, III X CD I)'l 0 ::J ~ CII OJ m {i Q!. g" ~ ? ~ ;; .g " '" ;, 1 "=' '" ~ ". li: ." >< n " ~ - r~ o "" .0 .0 '" '" s > ?!: m x <1> 3 -a o' ::J m >< m 3 -c ::::t o ::l tn \ \ \ 1\ \ O+_Ol\l'_<t$-",,,-;Q'O- > 3 o l: =- \ \ I \ \ \ ..H \ \ " , -, 1 ~ / t ~ "1 \ l a ." $ '" ~ ". ""C tI) ""l (') ~ s: D) r "0 <1> tQ !!!. 0 <1> tn ~ -a o' ? 0> 0> '" ~ '" J: 0> '" '" 0 0> g r 0 Z (j) A ~ , ~ 0 ~ 'f ~ ~ C;; ...., 0> 0 Al '-ol ~ ~ ~ .... ...., 0 ::tJ '" (D ~ '" ~ 0> I\.> 0 ::tJ .b. ~ ! 01 ...., :t;: '" Q) en <1> ~ ci" )> "l1 ~ a: a 0 i :Ii a. ~ ~ ~ ~ S~. ~ ~ (1l g S' g G I;) :!.; :J !!!. a. 0 OtQ::Jl:Q. ;:! ~ tF! 'R ~ A,Oz01a> mO '" 0 0 I\.> ~Z~ ~~ (j) to (f> '" ~ z !; z o ~ Q r (i) ..::! o :;0 .b. .b. '-" ~ ...., !j ...., '-" ""C III a I "0 !I ~II tn I I I i I I: I I I I 1 I II II I : : I I I ~,.;tD()"'"lJr"lJ,.; 1\:>>'0<0>0>= ~r<~g:;oz:;o,.; <o!;O~ A(j);>;::!l toJ: 0 A(f>;t! g> Z m [1J oen ~ -( ~ ~ ~ Sl9 _m r "T1 ,.; r J: ?!: " ~ " ~ '" q .." a ." " q >- ." ." ~. ~ I I I I --_________1 ~____________________ ".. -5 ~ ~ ~ "" " '" " ; c "" '" " ~ ".. " ~ " '<::: c ...., g 1" ..... ..... ... ... ... ... ..... ..... ... ..... ..... ... .... ..... .... .... '" .... .... N N '" '" '" '" '" '" <D <D '" '" '" '" <::> .<::> <::> <:> <:> .<::> <::> <::> <::> ...... ... co <D '" '" '" '" '" <D '" '" to '" '" c <:> C> .0 c .c c -(;II to...... 00 '" c ... tv '" "'" \11 to ..... to '" 0 ... N to> "'" \11 to ..... ... II> 0 . III - ~ - , 0 0 0 0 olo .0 0 0 0 0 0 .0 0 0 0 0 l 0 0 0 .. .. (i .. .. ....... <- I....'. III e!. . .. ." I' .. i:l>> II> - . 1 ..'.. C. < .... .'. . , I... .'..... lC I.. 0 0 0 0 0 .0 0 0 0 0 0 o. 0 0 0 0 0 10 0.0 0.0 0 ... ........ I. .,'. (i .., 1 '.' ........ PI , ...... ..... , .. '.. == , ........ iir ....... , .... .. < I <" ....,. ...,' .,- I..,. -3 .,. .... ... ,..., <:;" ,. .'.... ...... at "' .. ...... .. .. 0 .. < .... ,... 1 <l> . ....... , ..'...... 3 .... ( ..,. '" I .'. . ..... I' I ::!. '. .. 1 ... A ... ~ ~..~ ..... ..... ... ~~. ... ... ... -~- .~ ~...~ ... ..... .." .." .." \11 <J1 <J1 en 01 <n 01 <J1 <J1 <J1 <J1 .." <1l <J1 -", 0 0 0 o 0 0 0 0 00-0 0 0 0 0 000 01. 0 (i <J1 0 I' '....... , <sr- .. '.... ., - .".. =h;' ,. ...' '" ::J .' ..... 1 c. . ,.... .......'.. .,.. '. r ..' ~ A ... ~ ... ... ... ... ... ... ~ ... ... ~ g .~ ... ~ ... ... ... ... ~ :..J <J1 \11 01 01 01 01 .01 01 01 '" 01 <1l '" '" 01 '" '" Ol."(,n 01 '" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 09 0 0 0 "i-i gJ ., . ,.. I.' ., ,. . ~ 0 . , "..- .... . '" III .. -- .'. <.. -c.. .. .'.... <c: '.. .... ! ,.. Et~ .. , <:; I , .. .., ... '.. . I. ..,. :j .l\o. ... ... ... ;:;; ... ... ... ..... ~ ... ... .... ... ~ ~ ... ... '..~ ~ ~ ... <11 <J1 01 01 <11 <1l <1l <1l <J1 <.n <.n <.n '" <.n .." <.n <.n r.n <.n. <.n N 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .0 '" -i '" I a 0 .. i .. ., ......... '" '.. .'. ....., ," ., ~> ... I'> _VI ., , ..... .... c: VI .. '" '" ,.... . < ,. . ..' VI . '" . .. ... ..,. .. "' , ,'" c. .. . .' , , .. I . . I' ... .l\o. ... ~ ... ~ ... ... ... ... ... ~ ... ... ... ... ... .... gg ... ;:;; ;:;; ..... <J1 '" <J1 <1l <1l <.n <11 <.n '" .." \11 '" .." <.n <.n '" \11 <.n (fl N 0 0 0 0 0 00 0 0 0 0 0 .0 0 0 0 o. 0 0 0 n '" . ::r 0 , . " 0 <0 ...... I' ... , Ill- . ....' i:~ , II> II> I I'. 3 I ..'. ..... "S. . I , . 0 0 0 0 0 0 0 0 o '" 0 .0 0 0 0 .0 0 0 ...."" 0 7 0 ... (fl " ... . .. ::r ....... ..... 0 . .. .......... <Q. . .. 1 ..... ",- .,.. , ........ ........ i:rJ .'.... .. .. ..... > "' )( . . III , .... tT .., is" ..' '. ,. , .,. < 0 "'tI roo @ tl) ;+ ::E ::;; ""I -l iir (") ll) a. !E- x ::0 cP & < en 2L 0- < ... ~ I: - c:; CD :::r CD (ii' fI' :J: -u fir !:ll .... (1 0 ~ ~ ~ o '" '" 5: ;,;, ...., > ~ ~ "" " 1 1- q '" OJ! I ~ 0 r 1 0; i ".. 5.! 0 l>> 0 ; , x ;j I ~ _I (f) c 0..1 m Q, :;! ~ _.1 ;j! z C -i :S m Q l.Ol ;II (t) I s:;: " I 0 - " en' z ~. I Z -< 1:1 s:: I 0 ." 31 m (fI i (f) (3 z I 1l :;! ::1 gl I ,< > r "" ~ i "" -< , ~. (f) , m I z (f) r- III ::> C. c: VI II> 0 0 C. II> Z t: 3 r;T !!! 0 .... 0 0 z 3 c: (i 3 3 II> C" PI ;:; !!! r ~ a -( <' l>> l>> <l> ::r t: c: ~ tQ e; ;s: l>> > 0 =. Cil :l :::i" lC f,Q ~ ~ !'l 0 0 0 0 :tl 0 ::J Et lC II> ... Ol 0 0 a 0 c lD "C s: <.n 0 > 0 r- III :l C. > @ III I i '-~- " ~ t .; a " 1l "" b 1 '" '" <> a ". f;; "=' " ~ o :;:: g s o o .00 00 ~ '" -.J :> ;;;: -l ;;; m <il III (ii ;l o 0> III r0- O> 8" a. .;- " 0; '< Q g: iii' " III ~ (l>z 50 ~-l r"fl:1 i3(f) 5' !l1.. _CD :T(/I 0;' 0.. -0 (ii'::J ~o "0- 1O~ * if: III ~ llJ!l!. (5'-<" :iE ~ g ~ ro r:: ~"O ~r ::> (I) 0 crs; 9:8 CD 3 (/1"0 m r:: roW m ~ 0'< o (/l am -3 o t:: 0";:;:> ID=: ~n;- o 0" n 0 C1) t:: (1)- ~:g 0..0 ~o ~~ ::> CD ;:<:"(1) '< 3 o 0 l:: ::J o=r ~ (/l (5llJ ~~ 1\5' w~ :J ID 2ct gg, o.(/l t:: llJ =-10 0. . m:::;; '" ID ID~ =- (I) Q,@ :J =- to ~ (I> III 10 P.. o ro (/I ::J g. '"'0 Ql ., o (I) en l>> (6" t/I :r. cir '"'" o -< 4' .g ~ w ~ I ;;;: o ~ " ~ " .:( ~ '" ~ '< :> '" ~. ~ -... .... ....ll. ....ll. to co cg I'D 0) 0:) eo co r-> ~ -1>0 Ul ~ ~ ~ ::::J t->NNN CJ1 (J) (n 01 o o. 0 0 ! l__.________~ or .g t " 3 '2 ::0 C ~ 0; ." '" " ~ or " ~ " ~ ~ ~ :r (Q )> Qo. E!- '" '" !'! ~ ::::l CD '""l tJl ::' -S. c I'D - Q) '{ii' o ...., .... ~ ~ ~ ~ "" <;. '"' > ~ "0 ~ <: 5' 1: '" 11 fl o a >- ;::;: CD '""l :1 Q) It " (!) ':Ci -" -" -" Ul 0) .;.. <0 "'tl Q) .., (') ~ a Q Q Q <0 co co <0 0. I Q 0. 0. o 0. 0. z '" ~ 11 fl o ... l:l. ;0 ID ..... C ..., ::l o (j) (p j\} n :::; ;0 ([) UI C [if 1 q g> ~ ". "'0 '""l o '0 C'D ~ :::0 (t) o o '""l Co < ~. z ~ (!) (p j\} n :::; (!) ([) ::l 0.. m 3 ~ ;;r .:;; ~ ;; ~ ":I ~ " ~ a ":I III " a ".. ~ ":I " ..... g, ~ ~ is o o '" '" L:. o <;, .... ~ m >< <'I) 3 "S. o' ;:I )>0 3 o 1: :;J .... m >< (l) 3 "S o' ::J UI ~ \ ../,,/ .~.------ _+-+_.;11(1-.+-++_ .. - . .-/ \ ~~-T y"" ..-----:' . . --- \ \~. ., ! \ ~, 'l \ \ " \ it "'\ " \,'- \ \ , \ ... i ""~- .. \ ~ ":I ~ '" " a tT , "tI !:U .., (') !2. :s: !:U '0 r- '" <Q !!!. 1:1 '" '" n ., "[ o' ? --.J--.J ~~ =:::i[.O ;;Jen 0:I: 23~ - 0 "'--.J 000 ~--.J OOr wo Z Gl " m -< "tJ -I r o -I CIl '" a o' ~ ~ o 0 "CI == '" :;J ~ ~ r ii' g *' a III o' ,E: R ~ "tI a '0 (l) ~ '< c (l) - e!. (jj ?:: o " ~ ~ g ~ ~ ":I ~ '< f K-5:;:!lJJ<lfgoo"tJ::! [.O....r<Oo-l>--l ",r ;!;o;u;l:) <DS;:O;!; m,,71 :I: 0 noo;u l; z >5~ ctJ ~ ~z.. m ~ );>Gl _m r " -n -I m r:I: -< )>- g: a. Il> ~ g: ;; ; lfJ "tI o G) n ~. a Q ;:I 1:: C. lR ::! CD ^r mO -<z G) o Z '" 00 ~ 0 g r;-' '" r C Go ctJ '" ;!; );> z s;: z o -:r; n r 00 .::! o ?:? 'f' [.0 --.J J>, (;; --.J (J) o ;u --.J ~ - ~ - --.J o ;u - o J>, ~ 00 ~ '" 00 --.J o ;u '" 0> Y: '" le .... '" '" o ;u J>, ~ 1. en :;;! en 00 o ;u J>, J>, 'f' g" -5 ~ " :< ;; < " ...... ...... ...... ...... ...... ... ...... ...... ...... ...... .... ...... ...... N N N N N N N II.) N 0 '"'C to 1l fD <D ... fD <C> fD <C> "" <C> <C> <D' <D .<1> <:> <:> <:> <:> <:> <:> <:> '0 0 0;' ~ '" ... co ... '" <D <D '" '" '" '" <D '" CD <:> ~ c .c 0 c c:> C <:> -<;;Q g) c: <:> .... CO .fD C ...... N W .... ' en '" ,.... ... <C> <:> N . <.oJ .... en ... .... 0> II> 0 :E :;; ""l ~ '.' ...' ..- ro' 0 '. ...- -l Q, .... '.' 0.. 2- a ". III 5' ." 0 0 0 o 0 0 o .0 0..0 0 <:> O~O X ;:0 00 o 0 010 01: ID g, < CO i .... ".'. " i i I...... ri (Il tI) ...... <- 0' < (J) ~ ..... ., 1 > I' ..!!!. ll) c: .. = DJ , E c: ~ i..... / .... } I I II> ii 2: (Jl (I) 3 c .' .'........ . 1< lQ w !" :r: g, 1 3 ... 0 0 0 0 0 0 0 0 0 O.C> 0 0 0.0 al,C> 01,0 OC> 0 \J !I tI) ~ ~ III ... ..'" I I........ ........ f3 ~ .'. ., ..... , ... } .. < I I .. ilL g ...' II :l: oD . ,.'. < .... iii" ~ . <,.. 0 < .,..... I !!!.3" ~ . , > ... I.'.' C"C > , lI> ... ~ " , I I' 0 , '., .' < lI> I' . , 3 . ....... ....... ....' I, ,.... II> / I.. ...,..... I I a 0> ~ ~ ~~" N "" N ]" "" '" "" "~i" '" ~ '" '" ~ '0- 0 0 0 0 ~ :.":" .::a. ... ... t ~ "A ~ -J:!o. ... ... "0 m '" m_W !A 'co co Co> .p.A A ... ... ~~ ~...~ ... ..;:>. .;:>. -l N .... ~ --..J''lO (0 (p '" -cd o,mOJ OJ m '" m "0> -0> 0 Z N .;:>. ~ 'N N- ~ tv ~ """-I:""-J. -..l: .... .... .... ""'-J. "'" ~."""-1 .... ..... .... <- ,'" ... ... ....... .... .;:>. ... ,... .... '.... .... ,... ... ... ... III !!!. c =1; 3 cr- . .. II> ;I t'l ...', a. 0 ... n IXJ IXJ IXJ IXJ '" "" "" tv '" ~ tv '" "'. N I\) N N ~ '" '" ~ -l 0 Z N ... ...... ... o. 0 0 0 0 ..... .... ... .... .1>-. ... ... J>, ~ '" 3 1:: 0 m .'0> m co Co> Co> co .co ... '... .I>- .... ... ... ... ... ... J>, J>, a ~ 3 3 tv .... ..... :;;! <0 <0 (p <0 '<0 OJ -0> m m '" . -0> m m m m ~I~ 0. !!!. lI> l:r '" J>, ... N ~ ~ N N .... ...... .... .... .... .... .... :;;! ~ ~ :;;! '- tl II> ,. A ... ... ... ..... A ..1>0 ... ... ... !!!. ... , '."', <= a So ....,. !..~ r- c~ -< :;:" DJ DJ ,,',. lI> :l: II> :r 5. 5. .. "..... ..' '" ... tl:l ii ii .' .., ...... ..' , :>(" DJ :> 5' Ei" ....' ..... .; c iil IQ IQ . ." I - ~ r! r! IXJ ~ IXJ ~ '" '" I\) N N N N N '" ~ ~ ~ ,'" M N I\) tv N 0 0 0 0 N. ... .0 0 .0 0 .0 ... .... ... .... t ... .... ... ...... ... "0 -0> "m '" '" co co '" ,w .1>0 '-1>- "'" 'A A './>. J>, .1>0 .... .1>0 ./>. ... -l N .... .... .... <0 <0 <0 <0 <D "m ~ m '0, m m m '"m "0> m '" m '" 0 N '" .... .I>- '1\) ~ N N N .... ~l ..... .... .... .... ..... .... ..... .... .... :;;! or . ... ..... '" A '" '" A ../>.. .... ..... A ... -I>- ..... .... ... ~;;: . -<II .,,' c: <II .. lI> II> , '." 1/1 .....'. ., ..... Ii' .".. II> ......' .". I a. .' .. I 0> ~ ~ ~ tv ~I.m N "" ~ t N "" t N N N '" :f ~ ~ ~ N 0 0 0 ... t './>. .... .... ... "0 "0> -0> OJ '" Co> Co> ... ... .... J>, .... A J>, A In N ~ ~ .... <0 <D <D <0 <0 "0) '" m m m m m m "0) ~ m "0) ,.. '" .l>- I\) tv N ~ ~ :;;! .... .... ..... .... ,.... ~ .... ~ ~ ~ ::r ./>. ./>. ,.I> A ... .A .I> ../>. ... ... .:> 0 <0 . ., III - ...... c~ ".' II> II> ",.' '" i' "'.". 3 , "C I. . , ... '" 0 0 0 0 OT o C> o~ o 0 0 0 0 0 0 :::> o 0 0 In .. '..... . ....... n .., < ... .', ::r : .... ,...... 0 , <0 . ..' . < ... ..... ..- --l i.l 1:: .. , lI> )( . \ ...... .. cr- t I , ... ".' iP - ------- 0 ... 0 0 0 0 X :I: ,. , 'm \) 'Z 0 $. :i!: 2l :i!: m Z :;>J .S: n 'm )> Z r- ,.):! I r- G.i r- :I: -< In ~ m z -< tn r- '" ::> a. c: 1/1 II> n 0 a. lI> 0 "T1 " 0 ::> ...,.... Dr lQ II> .' .0 0 > c I lI> "C s: '.,' ... iJ> (.0 )>- n r- .. ::> a. :l> I. iil .. I,. ." a "& r== ~ w B r- I ... ".. Sl.l 0) I ::I tn ~ a. ):! 0 :l a C -l " m ~ (t) > ~ :l tI) Z "" 1:1 ." en (f} .g ~ )- ~ ~. t m .... .I> o o l.____._.__ L___ :r -5 t ~ s .g :- i o ." '" i " ~ -;:: ~ ... :g .... g '" ~ o ~ :>- :!: -i OJ" m ii! III ii! :J o In III m In 0" c. ih' .." iil '< Q 5' ih' ." m [ C/lz :::TO !~ "Ow 5' !!!. _CD :::Ttn Vi" Q. =0 C/l ::l -"""0 u- ro'g f}l1il ro .... l3l!!!. ~~ :::~ ~ ~ ro t: _U ~~r 5' CD 0 ~~ 5'8 CD 3 C/lU \:Ii t: roo; m ~ 0'< o C/l .... ro ::3 o t: 17::l ro<:> ~;- ocr @ g C/l - r6~ !=l0 -lo ~~ ::l ro ::<:ro '<3 :2 0 - :J 03- .... tIl ~a ~~ ~::r ~m ro Q. :J \:Ii @iP !l1 0 ~; t: \:Ii :J ar Cl.. . ~::;: (/l ll) iii@ ~@ ::l :J to - . {fl l1:> ro Cl.. o ro {/) ::l 9. -c l>> ~ o 2- CJ) l>> <<i III :1:1 (ii' - o ~ '< 8" ." <> ~ '" ~ ". ~ ...I;. -Ir, M ...ll. 0(,0 fD (CI <CI to co co Q) QQ OD N .W ~ 01 C> :;: g ;::: <> r") g " q i' ." <> ::1 '< f in' II o o A o ~ o -'" t o * REVISED BACK-UP * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Bulk Item: Yes ~ No Division: County Attorney Department: County Attorney Meeting Date: April 2 L 2010 Staff Contact: Suzanne Hutton. #3473 AGENDA ITEM WORDING: Approval to accept the negotiated purchase price of $5,000 for the purchase of County property on Long Key- Parcel ID: 386360 and approval of the Contract for Purchase and Sale and authorization for the mayor to execute the Quit Claim Deed upon receipt of an executed and recorded Access Easement substantially in the form of Exhibit A, as verified by the County Attorney. ITEM BACKGROUND: Mr. Pesch had expressed an interest in purchasing a portion of land on Long Key, which abuts his property. Since the property appraiser assessed the value in excess of $15,000, the Board was required by F.S. 125.35 to call for bids on the property. In compliance with F.S. 125.35, the Board approved the RFP for the purchase of the property at the December 16th BOCC meeting. The bid opening was conducted on January 20, 2010 and Mr. Pesch was the only bid of $50.00. On 2/17/10, the Board agreed to allow additional time for the sole bidder to negotiate an amicable purchase price. Since the property would have to be conveyed with an access easement across it, rendering it of virtually no use to anyone else, and $5,000 seems to recoup the County's out-of-pocket costs, the purchase price of $5,000 was negotiated. PREVIOUS RELEVANT BOCC ACTION: Approved RFP on December 16, 2009. 2/17/10 BOCC did not approve the original bid of $50; however, as the sole bid received, the BOCC allowed additional time for negotiation to determine an amicable purchase price to be brought back to the BOCC for approval CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: REVENUE PRODUCING: Yes ---X- No APPROVED BY: County Atty~ DOCUMENTATION: Included SOURCE OF FUNDS: AMOUNT PER MONTH * Year * One time payment of $5,000. OMBlPurchasing _ Risk Management _ x Not Required_ AGENDA ITEM #~ DISPOSITION: Revised 7/09 This instrument prepared by, or under the direction of: Christine Limbert. FBN 690783 Office of County Attorney P.O. Box 1026 Key West, F1. 33041-1026 Parcel Identification Number(s): 386360 Alternate Key No.: 1470082 QUITCLAIM DEED THIS INDENTURE, made this 21st day of April, 2010, by and between the Board of County Commissioners for Monroe County, Florida, Party of the First Part, whose address is 500 Whitehead Street, Key West, FI. 33040, to William S. Pesch, 65620 Overseas Highway, Long Key, FL 33001, Party of the Second Part. WITNESSETH WHEREAS, William S. Pesch bid on the purchase of County-owned property on Long Key, Florida (Parcel ill 386360/Altemate Key 1470082, Property Tax LD. # 386360) in response to the County's Request for Proposals for the purchase of this County property on Long Key, Florida; and WHEREAS, at a meeting held February 17, 2010, the Board of County Commissioners (BOCC) for Monroe County, Florida did not approve the sole bid of $50.00 received from Mr. Pesch but determined this property has no beneficial use to anyone other than the adjacent property owners and allowed additional time for negotiation of an amicable purchase price; and WHEREAS, at a meeting held April 21, 2010, the Board of County Commissioners (BOCC) of Monroe County, Florida approved the negotiated purchase price of $5,000 for this County owned property on Long Key, Florida subject conditioned upon execution of an easement to ensure continued ingress and egress for the benefit of the adjacent parcel described as Pt Lot 1 Long Key Ocean Bay Colony, PB 3-130 Sec 1, Alternate Key 1470074, RE 00386350-000000, on and over the subject property; and WHEREAS, the conditions for such sale have been met pursuant to the execution and recordation of the Easement attached hereto as Exhibit A and made a part of this Quit Claim Deed; WHEREAS, under Florida Statutes, Section 125.35(2), the BOCC may sell property directly to adjacent property owners after giving notice by certified mail to adjacent property owners, which notice was provided; NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Party of the First Part does hereby remise, release and quitclaim unto the Party of the Second Part, and assigns, forever, all the right, title and interest of the Party of the First Part to the property herein described, subject to the ingress and egress easement attached hereto as Exhibit A and incorporated herein, all that certain land situate in Monroe County, Florida, viz: Long Key Ocean Bay Colony PB 3-130 SEC 1 Long Key Pt Lots 1-2-3 TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second Part. IN WITNESS WHEREOF, the Party of the First Part has caused these presents to be signed in its name by its Board of County Commissioners acting by the Mayor of said Board, the day and year first above written. (SEAL) ArrEST: DANNY L. KOLAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Deputy Clerk By: r.i1Of,mOE COUNTY ATTORNEY ~~4L~tJ Mayor Project: County owned property on Long Key, Florida/ Parcel ID 386360/Alternate Key 1470082 Property Tax J.D. # 386360 CONTRACT FOR SALE AND PURCHASE OF PROPERTY THIS AGREEMENT is made this_ day of ,2010, between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, as II Seller", 1100 Simonton Street, Key West, Florida 33040, and WILLIAM S. PESCH, as IIPurchaserll, whose address is 65620 Overseas Highway, Long Key, Florida, 33001 and whose mailing address is 271 Greenwood Drive, Key Biscayne, FL 33149. In consideration of the mutual promises contained herein, Seller hereby agrees to sell to Purchaser the real property located in Monroe County, Florida, described below, together with all improvements, easements, rights and appurtenances ("Property"), in accordance with the provisions of this Agreement. 1. DESCRIPTION OF PROPERTY. The property which the Seller agrees to sell and the Purchaser agrees to buy pursuant to the terms of this Agreement is that property situated on Long Key, Monroe County, Florida, and more particularly described as: Long Key Ocean Bay Colony PB 3-130 SEC 1 Long Key PT LOTS 1-2-3 2. TOTAL PURCHASE PRICE. The total purchase price (lITotal Purchase Price") for the Property is Five thousand dollars and no cents ($5,000.00) which will be paid by Purchaser at closing. Seller hereby authorizes Purchaser to issue a certified check directly to an escrow agent who is authorized by law to receive such payment, and who is acceptable to Purchaser, and to require the escrow agent to pay Seller's expenses of sale and real estate taxes. This Total Purchase Price presumes to include the entire 8,634 square feet of land unless otherwise stated. If the Total Purchase Price is for a portion of the property the Proposer shall include the approximate square feet of land and a survey of the property that the Proposer wishes to purchase. Conveyance of the Property by Quit Claim Deed from Seller to Purchaser will take place at the closing, in exchange for the payments to be made to Seller at closing as set forth above in this paragraph. 3. INTEREST CONVEYED. At closing, Seller shall execute and deliver to Purchaser a quit claim deed, conveying marketable title to the Property clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except for those that are of record and acceptable encumbrances in the opinion of Purchaser and do not impair the marketability of the title to the Property. An access easement to is required to provide ingress and egress to the adjacent parcel described as Pt Lot 1 Long Key Ocean Bay Colony, PB 3-130 See 1, Alternate Key 1470074, RE 00386350-000000. Pesch Contract SalelPchs 10f4 4. PREPARATION OF CLOSING DOCUMENTS. It is the Purchaser's obligation to prepare any documentation that the Purchaser seeks to be completed and executed by the Seller at the closing. All prepared documents shall be submitted to the Seller for review and approval at least 10 (ten) days prior to the Closing Date. If the Purchaser wishes to purchase title insurance, it is the Purchaser's obligation to do so and the purchaser must prepare and complete any documentation required by the title insurer. 5. EXPENSES. Purchaser will pay the documentary revenue stamp tax and all other taxes or costs associated with the conveyance, including the cost of recording the deed and any other recordable instruments which is deemed necessary by the parties. Except as provided in this Agreement, each party hereto shall pay its own expenses incurred in connection with this Agreement and the transactions contemplated hereby. 6. TAXES AND ASSESSMENTS. All real estate taxes and assessments which could have become a lien against the Property shall be satisfied of record by Seller by the date of closing. The Seller as a governmental agency is exempt from taxation, but upon transfer of the property the Purchaser may be assessed taxes on the property. The Purchaser may be obligated to pay an amount equal to the current taxes prorated from the date of transfer, based upon the current assessment and millage rates on the Property. 7. CLOSING PLACE AND DATE. The closing shall be on or before the 31st day of May, 2010; provided, however, that if a defect exists in the title to the Property, the closing shall occur either on the original closing date or within 20 days after receipt of documentation curing the defects, whichever is later or agreed to by the parties. The parties may conduct the closing at an earlier date if they are satisfied that all conditions have been met prior to the date set herein. For purposes of the Seller, the determination that the conditions have been met prior to the closing date set herein shall require the County Administrator and County Attorney to sign approval of an earlier closing date and the contract need not go back before the Seller's governing body to reform the contract to provide the earlier closing date. 8. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk of loss or damage to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to the Purchaser in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear accepted. However, in the event the condition of the Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. 9. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with this Agreement. Seller shall deliver possession of the Property to the Purchaser at closing. Pesch Contract SalelPchs 2of4 10. DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, the prevailing party will be entitled to recover reasonable attorney's fees and costs. 11. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in the Official records of Monroe County. 12. ASSIGNMENT. This Agreement may not be assigned by either Party without the prior written consent of the other Party. 13. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 14. SEVERABILITY. In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 15. SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's heirs, legal representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement, Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used, the singular shall include the plural and one gender shall include all genders. 16. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. 17. WAIVER. Failure of Purchaser or Seller to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 18. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto. 19. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 20. NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally or mailed to the appropriate address indicated on the first page of this Agreement, or such other address as is designated in writing by a party to this Agreement. Pesch Contract Sale/Pchs 30f4 THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATIORNEY PRIOR TO SIGNING. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATIEST: DANNY L. KOLHAGEJ CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson:.10hlROE COUNTY ATTOR~JEV AeE!.10VED AS T F-~.lrvl: ~, ~ WITNESSES FOR PURCHASER: PURCHASER: 1) By: Signature WILLIAM S. PESCH Date: Print Name Date: 2) Signature Print Name Date: STATE OF FLORIDA) COUNTY OF MONROE) The foregoing instrument was acknowledged before me this _ day of _ , 2010, by identification. . He/she is personally known to me or produced as (Seal) NOTARY PUBLIC - STATE OF FLORIDA My Commission Expires: (Print/Typed or Stamped Name of Notary Public) Pesch Contract SalelPchs 40f4 This instrument prepared by, or under the direction of: Christine Limbert. FBN 690783 Office of County Attorney P.O. Box 1026 Key West, FI. 33041-1026 Parcel Identification Number(s): 386360 Alternate Key No.: 1470082 QUITCLAIM DEED THIS INDENTURE, made this 21st day of April, 2010, by and between the Board of County Commissioners for Monroe County, Florida, Party of the First Part, whose address is 500 Whitehead Street, Key West, FI. 33040, to William S. Pesch, 65620 Overseas Highway, Long Key, FL 33001, Party of the Second Part. WITNESSETH WHEREAS, William S. Pesch bid on the purchase of County-owned property on Long Key, Florida (Parcel ID 386360/Alternate Key 1470082, Property Tax J.D. # 386360) in response to the County's Request for Proposals for the purchase of this County property on Long Key, Florida; and WHEREAS, at a meeting held February 17, 2010, the Board of County Commissioners (BOCC) for Monroe County, Florida did not approve the sole bid of $50.00 received from Mr. Pesch but determined this property has no beneficial use to anyone other than the adjacent property owners and allowed additional time for negotiation of an amicable purchase price; and WHEREAS, at a meeting held April 21, 2010, the Board of County Commissioners (BOCC) of Monroe County, Florida approved the negotiated purchase price of $5,000 for this County owned property on Long Key, Florida subject conditioned upon execution of an easement to ensure continued ingress and egress for the benefit of the adjacent parcel described as Pt Lot 1 Long Key Ocean Bay Colony, PB 3-130 Sec 1, Alternate Key 1470074, RE 00386350-000000, on and over the subject property; and WHEREAS, the conditions for such sale have been met pursuant to the execution and recordation of the Easement attached hereto as Exhibit A and made a part of this Quit Claim Deed; WHEREAS, under Florida Statutes, Section 125.35(2), the BOCC may sell property directly to adjacent property owners after giving notice by certified mail to adjacent property owners, which notice was provided; NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Party of the First Part does hereby remise, release and quitclaim unto the Party of the Second Part, and assigns, forever, all the right, title and interest of the Party of the First Part to the property herein described , subject to the ingress and egress easement attached hereto as Exhibit A and incorporated herein, all that certain land situate in Monroe County, Florida, viz: Long Key Ocean Bay Colony PB 3-130 SEC 1 Long Key Pt Lots 1-2-3 TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second Part. IN WITNESS WHEREOF, the Party of the First Part has caused these presents to be signed in its name by its Board of County Commissioners acting by the Mayor of said Board, the day and year first above written. (SEAL) ATTEST: DANNY L. KOLAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: By: Deputy Clerk Mayor COUNTY ATTORNEY ~~4f~ This instrument prepared by, or under the direction of: Suzanne A. Hutton. FBN 336122 Office of County Attorney P.O. Box 1026 Key West, Fl. 33041-1026 RE: Property Appraisers Parcel Identification Number(s): 386360 Alternate Key No.: 1470082 i .D J!l EXHIBIT A ACCESS EASEMENT THIS EASEMENT, made this _ day of ,2010, by and between William S. Pesch (Grantor) whose address is 65620 Overseas Highway, Long Key, FL 33001, to, the Board of County Commissioners for Monroe County, Florida, (Grantee) whose address is 500 Whitehead Street, Key West, Fl. 33040. WITNESSETH WHEREAS, on April 21, 2010, entered into a contract for sale and purchase of that portion of County owned property on Long Key, Florida, more particularly described as: Long Key Ocean Bay Colony PB 3-130 SEC 1 Long Key PT LOTS 1-2-3; and WHEREAS, Grantee's approval of the contract was conditioned upon execution ofan Easement to run with the property to ensure to the owner and successors in interest of the adjacent parcel described as Pt Lot 1 Long Key Ocean Bay Colony, PB 3-130 Sec 1, Alternate Key 1470074, RE 00386350-000000, continued ingress and egress on and over the subject property following the transfer of the property to Grantor; NOW, THEREFORE, the Grantor does hereby grant to Grantee a perpetual Easement of the Legal Description attached hereto as Exhibit A. on and over that portion of property on Long Key, Florida, as first described above, and as set forth in the correlating Quit Claim Deed, in which this Easement shall be identified as Exhibit A., for the purpose of continued ingress and egress to and from Pt Lot 1 Long Key Ocean Bay Colony, PB 3-130 Sec I, Alternate Key 1470074, RE 00386350-000000. IN WITNESS WHEREOF, Grantor has executed this Easement, on the day and year fIrst stated above. GRANTOR: WITNESSES: Print Name: WILLIAM S. PESCH Print Name: STATE OF FLORIDA ) COUNTY OF MONROE ) The foregoing instrument was acknowledged before me this day of , who is personally known to me/who provided identification and who did take an oath. , 2010 by as (SEAL) My Commission Expires: NOTARY PUBLIC - STATE OF FLORIDA This instrument prepared by, or under the direction of: Suzanne A. Hutton. FBN 336122 Office of County Attorney P.O. Box 1026 Key West, Fl. 33041-1026 EXHmIT A. TO ACCESS EASEMENT Lot 1, LONG KEY OCEAN-BAY COLONY, according to the Plat thereof as recorded in Plat Book 3, at Page 103 of the Public Records of Monroe County, Florida for ingress and egress over the above-described Lot 2. Said easement being more particularly described as: A 15 foot wide Easement for Ingress and Egress over a portion of Lot 2, LONG KEY OCEAN-BAY COLONY SECTION ONE, according to the Plat thereof; as recorded in Plat Book 3, at Page 130 of the Public Records of Monroe County, Florida, and being more particularly described as follows: Commencing at the intersection formed by the dividing line between Lots 2 and 3 of said LONG KEY OCEAN-BAY COLONY, SECTION ONE with the Southeasterly right of way line of u.s. Highway No.1 (Overseas Highway) thence run S.68033'17"W. along the Northwesterly line of said Lot 2 and the Southeasterly right of way line of us. Highway No.1 for a distance of 24.69 feet to the Point of Beginning of the Easement hereinafter described; thence run S.IJ029'46"w' for a distance of 34.03 feet, thence run S.69055'49"Wfor a distance of 56. 82feet to a point on the Southwesterly line of said Lot 2; thence run N21026'43"W along the Southwesterly line of said Lot 2for a distance of 15.00 feet to a point 12.19 feet Southeasterly of the Northwesterly corner of said Lot 2, thence run N.69055'49"E. for a distance of 48.80 feet, thence run N.II029'46"E. for a distance of 15.92 Feet to a point on the Northwesterly line of said Lot 2 and the Southeasterly line of 0. S. Highway No.1, thence run N6803'IT'E. along the Northwesterly line of said Lot 2 and the Southeasterly right of way line of u.s. Highway No.1 for a distance of 17.87 feet to the Point of Beginning. Containing 1166.72 square feet, more or less. This easement may be modified by the parties to accommodate changes in the configuration of the access drive or any future changes to existing structures. Any such change shall be formalized in writing and recorded in the Public Records of Monroe County, Florida. 60 c. G qjt7}IO The Board discussed the rejection of a $50 bid received in response to the County's Request for t ~ (; Proposal for the Purchase of County Property on Long Key- Parcel ID: 386360. The sole bidder has expressed an interest in negotiating with the Board for the purchase of the property should the Board reject his $50 bid. Suzanne Hutto~ County Attorney discussed the matter. The following individual addressed the Board: Bill Pescal. After discussio~ motion was made by Commissioner Neugent and seconded by Commissioner DiGennaro to table the item. Motion carried unanimously. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 17 ~ 2010 Division: County Attorney Bulk: Item: Yes l No Department: Count;y Attorney Staff Contact Person! Phone #: Christine Limbert-Barrows~ #3475 AGENDA ITEM WORDING: Approval to reject $50 bid received in response to the County's Request for Proposal for the Purchase of County Property on Long Key- Parcel ID: 386360. The sole bidder has expressed an interest in negotiating with the Board for the purchase of the property should the Board reject his $50 bid. ITEM BACKGROUND: Mr. Pesch had expressed an interest in purchasing a portion of land on Long Key, which abuts his property. Since the property appraiser assessed the value at $50,000, the Board was required by F.S. 125.35 to call for bids on the property. In compliance with F.S. 125.35, the Board approved the RFP for the purchase of the property at the December lrJh BOCC mee$g. The bid opening was conducted on January 20,2010 and Mr. Pesch was the only bid of$50.00. PREVIOUS RELEVANT ROCC ACTION: Approved RFP on December 16, 2009. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Reject the $50 bid as too low in consideration of the assessed value of the property and the cost and staff time incurred thus far. TOTAL COST: INDIRECT COST: BUDGETED: Yes _No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County A~1t OMB/Purcbasing _ Risk Management DOCUMENTATION: Included X Not Required AGENDA ITEM #~ DISPOSITION: Revised 7/09 Cost estimate of attorney time & cost. (This does not include county staff time or Ms. Hutton's time). The cost break down for advertisement is as follows: The Reporter Keynoter Citizen $ 337.12 $ 294.10 $ 514.44 Total $1,145.66 The invoices have already been sent to Finance for payment. Christine Limbert-Barrows Time Attorney time to research the legal process for sale (4 hours) Attorney time to research the property (including onsite examination of the property, discussions with planning department, discussions with FKAA, review of property appraiser records) (10 hours) Attorney time to prepare and review bid documents & addendum (16 hours) (estimate of 30 hours @ $250 = 7500.00) $1,145,66 $7,500.00 $8645.00 This estimate does not include Suzanne Hutton's time or staff time, which is probably easily another $4,000 to $5,000. o \0 M \0 00 M C M ..J W U 0::: .. <C ~ C. I- C. > Z 0 w w ~ ~ ~ M ~ Ii I- z <CW....<C 0 c.UWO ..J W~Wc; Z CJ.L:J:N 0 Wotn .. > U~ZOO !:::; ZZ N... <C M M > w ~~5:; 9 J.L :J: ::) :::Ii ... Q U m ~ c. Z ~ <C..., >1- <Cc.I-Uj Z I- 1-::) w <C 0 ~ C U Q Z u.. ; w 0 c. w o tn <C :J: U 0::: ::) c. W ..J ?- M I- I....... I- Z => o ~ <( o ..... CO o o o LIi -h'T o Oz~ .....OZ COco <ll U 'i:. ~ o I- Z UJ o Z o 0.. U'l UJ a:::: O'l s::::: 'iii o .J:: U L =r a... I III <ll L o +- <ll U s::::: >2 III ..2 +:1 L s::::: o <ll I..) III <ll L a.. +: U s:::::= <ll...c III =r ~ a.. a.. <ll <ll.J:: III +- +- 'I- +- 0 'E III E ~ O...c I..) E -0 <ll i::o~ :r: U U'l UJ 0.. I U'l ~ <( ..... ....J ....J ..... 1$ <ll .J:: +- +- III s::::: '0 01 o -0 ' (l)1l ..:::,:: .- U'I- ~ 'u U ~ s::::: III <ll (I) 1l ,g <ll +- > -c o s::::: .J:: 0 III III > +- o 0 ...c-o o <ll -O.J:: (I) +- ti >- = ...c 1Il-o L III III > -0 '- -0 ~ :..a ~ '0 ~ +- <ll o :: :E <ll -0 > s::::: 0 o-fj 01-0 ,S <ll s::::: +- <ll III 0... = o III -0 -0 :.c:..a -0= '0 'l( III . 1>~ s:: >- .- o...t; o ._ U - +- L U 0 (1)-0 t 5 0> U-o -0 (I) S::-O o s::::: III (I) 2 fir +- =r o 1.1) 1Il~ ';;; -0 '- <ll .J:: +- +- U +- '> o s:: .J:: 0 +-1..) >-0 '+--0 += 'S: ~..2 Uti.. >-'+- ...c 0 III <ll ~ b .J::+- HI/) L <ll 01 o s:: o ~ O'l s:: 'iij o .J:: U L =r a... I Vl <ll L o 't :> Vl ..2 L o I..) >.. c!I -0 <ll s:: III 0... o -0 iii Statutes & Constitution :View Statutes: Online Sunshine Page 1 of2 125.35 County authorized to sell real and personal property and to lease real property,-- (1 )(a) The board of county commissioners is expressly authorized to sell and convey any real or personal property, and to lease real property, belonging to the county, whenever the board determines that it is to the best interest of the county to do so, to the highest and best bidder for the particular use the board deems to be the highest and best, for such length of term and such conditions as the governing body may in its discretion determine. (b) Notwithstanding the provisions of paragraph (a), the board of county commissioners is expressly authorized to: 1. Negotiate the lease of an airport or seaport facility; 2. Modify or extend an existing lease of real property for an additional term not to exceed 25 years, where the improved value of the lease has an appraised value in excess of $20 million; or 3. Lease a professional sports franchise facility financed by revenues received pursuant to s, 125.0104 or s. 212.20; under such terms and conditions as negotiated by the board. (c) No sale of any real property shall be made unless notice thereof is published once a week for at least 2 weeks in some newspaper of general circulation published in the county, calling for bids for the purchase of the real estate so advertised to be sold. In the case of a sale, the bid of the highest bidder complying with the terms and conditions set forth in such notice shall be accepted, unless the board of county commissioners rejes:ts all bids because they are too low. The board of county commissioners may require a deposit to be made or a surety bond to be given, in such form or in such amount as the board determines, with each bid submitted. (2) When the board of county commissioners finds that a parcel of real property is of insufficient size and shape to be issued a building permit for any type of development to be constructed on the property or when the board of county commissioners finds that the value of a parcel of real property is $15,000 or less, as determined by a fee appraiser designated by the board or as determined by the county property appraiser, and when, due to the size, shape, location, and value of the parcel, it is determined by the board that the parcel is of use only to one or more adjacent property owners, the board may effect a private sale of the parcel. The board may, after sending notice of its intended action to owners of adjacent property by certified mail, effect a sale and conveyance of the parcel at private sale without receiving bids or publishing notice; however, if, within 10 working days after receiving such mailed notice, two or more owners of adjacent property notify the board of their desire to purchase the parcel, the board shall accept sealed bids for the parcel from such property owners and may convey such parcel to the highest bidder or may reject all offers, (3) As an alternative to subsections (1) and (2), the board of county commissioners may by ordinance prescribe disposition standards and procedures to be used by the county in selling and conveying any real or personal property and in leasing real property owned by the county. The standards and procedures must provide at a minimum for: (a) Establishment of competition and qualification standards upon which disposition will be determined. (b) Reasonable public notice of the intent to consider disposition of county property and the availability of copies of http://wwwJeg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=Ch0125/ch012...1/28/20 1 0 Statutes & Constitution :View Statutes: Online Sunshine Page 2of2 the standards. Reasonableness of the notice is to be determined by the efficacy and efficiency of the means of communication used. (c) Identification of the form and manner by which an interested person may acquire county property. (d) Types of negotiation procedures applicable to the selection of a person to whom county properties may be disposed. (e) The manner in which interested persons will be notified of the board's intent to consider final action at a regular meeting of the board on the disposition of a property and the time and manner for making objections. (f) Adherence in the disposition of real property to the governing comprehensive plan and zoning ordinances. History.--s. 1, ch. 23829,1947; s. 1, ch. 70-388; s. 1, ch. 77-475; s. 1, ch. 81-87; s. 1, ch. 83-100; s. 1, ch. 86-105; s. 2, ch. 89-103; s. 2, ch. 95-416; ss. 1, 2, ch. 99-190; s. 1, ch. 2001-252; 5S. 56, 79, ch. 2002-402. http://www.leg.state.ilus/STATUTES/index.cfm?App_mode=Display_Statute&URL=Ch0125/chOI2...1/28/201 0 COVER PAGE Response to request for Purchase of County property on Long Key Proposal and Conact Information: William S. Pesch 65620 Overseas Highway Long Key, FL 33001 305-796-3100 Please mail all correspondence to: 271 Greenwood Dr. Key Biscayne, FL 33149 Contract for Purchase and Sale Project: County owned property on Long Key, FloridalParcel ID 386360/Altemate Key 1470082 Property Tax I.D.#386360 THIS AGREEMENT is made this 1Q day of February, 2010, between BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, as "Seller", 1100 Simonton Street, Key West, Florida, 33040, and William S. Pesch, as "Purchaser" whose address is 65620 Overseas Highway, Long Key, 33001, mailing address, 271 Greenwood Dr. Key Biscayne, FL 33149. In consideration of the mutual promises contained herein, Seller hereby agrees to sell the Purchaser the real property located in Monroe County, Florida, described below, together with all improvements, easements, rights and appurtenances ("Property"), in accordance with the provisions of this Agreement. 1. DESCRIPTION OF PROPERTY. The property which the Seller agrees to sell and the Purchaser agrees to buy pursuant to the terms ofthis Agreement is that property situated on Long Key, Monroe County, Florida, and more particularly described as: The Legal Description is: Long Key Ocean Bay Colony PB 3-130 SEC 1 Long Key PT LOTS 1-2-3- ORI04-286-287 4. TOTAL PRUCHASE PRICE. The total purchase price ("Total Purchase Price") for the property is Fifty Dollars ($50.00) which will be paid by Purchaser at closing. Seller hereby authorizes purchaser to issue a certified check directly to an escrow agent who is authorized by law to receive such payment, and who is acceptable to Purchaser, and to require the escrow agent to pay Seller's expenses of sale and real estate taxes. This Total Purchase Price presumes to include the entire 8,634 square feet ofland unless otherwise stated. If the Total Purchase Price is for a portion of the property the Proposer shall include the approximate square feet of land and a survey of the property that Proposer wishes to purchase. Conveyance of the Property by Quit Claim Deed from Seller to Purchaser will take place at the closing, in exchange for the payments to be made to Seller at closing as set f011h above in this paragraph. 5. Interest Conveyed. At closing, Seller shall execute and deliver to Purchaser a quit claim deed, conveying marketable title to the Property clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except for those that are of record and acceptable encumbrances in the opinion of \ Purchaser and do not impair the marketability of the title to the Property. An access easement to adj acent properties is required as deemed necessary. 6. PREPARATION OF CLOSING DOCUMENTS. It is the Purchaser's obligation to prepare any documentation that the Purchaser seeks to be completed and executed by the Seller at the closing. All prepared documents shall be submitted to the Seller for review and approval at least 10 (ten) days prior to closing date. If the Purchaser wishes to purchase title insurance, it is the Purchaser's obligation to do so and the Purchaser must prepare and comolete any documentation required by the title insurer. 7. EXPENSES. Purchaser will pay the documentary revenue stamp tax and all other taxes or costs associated with the conveyance, including the cost of recording the deed and any other recordable instruments which is deemed necessary by the parties. Except provided in this Agreement, each party hereto shall pay its own expenses incurred in connection with this agreement and the transactions contemplated hereby. 8. TAXES AND ASSESMENTS. All real estate taxes and assessments which could have become a lien against the property shall be satisfied of record by Seller by the date of closing. The Seller as a governmental agency is exempt from taxation, but upon transfer of the property the Purchaser may be assessed taxes on the propeliy. The Purchaser may be obligated to pay an amount equal to the current taxes prorated from the date of transfer, based upon the current assessment and millage rates on the Property. 9. Closing Date and Place. The closing shalI be on or before March (month), 19 (day), 2010; provided, however, that if a defect exists in the title to the Propeliy, the closing shall occur either on the original closing date or within 20 days after the receipt of documentation curing the defects, whichever is later or agreed to by the parties. The parties may conduct the closing at an earlier date if they are satisfied that alI conditions have been met prior to the date set herein. For purposes of the Purchaser, the determination that the conditions have been met prior to the closing date set herin shall require the County Administrator and County Attorney to sign approval of an earlier closing date and the contract need not go abck before the Purchaser's governing body to reform the contract to provide the earlier closing date. 10. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk of loss or damage to the property prior to the date of closing and warrants that the Property shall be transferred and conveyed to the Purchaser in the same or essentially the same condition as of the date of Seller's execution of this agreement, ordinary wear and tear accepted. However, in the event the condition ofthe Property is altered by an act of God or other natural force beyond the control of the Seller, Purchaser may elect, as its sole option, to terminate this Agreement and neither pmiy shall have further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any pmi of the property. 11. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date that this Agreement is executed by the Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the property for all lawful purposes in connection with this ASgreement. Seller shall deliver possession of the Property to Purchaser at closing. 12. DEF ALT. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid. In connection with any dispute arising out of this, Agreement, including wothoutIimitation litigation and appeals, the prevailing party will be entitled to recover reasonable attorney's fees and costs. 13. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in the Official records of Monroe County. 14. ASSIGNMENT: This Agreement may not be assigned by either Party without prior written consent of the other Party. 15. TIME. Time is of the essence with regard to all dates or times set forth in this Agreement. 16. SEVERABILITY. In the event any of the provisions in this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 17. SUCCESSORS IN INTEREST. Upon Seller's execution ofthis Agreement, Seller's heirs, legal representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement, Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used, the singular shall include the plural and one gender shall include all genders. - 18. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. 19 . WAIVER. Failure of Purchaser or Seller to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be constmed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 20. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall not be effective or binding upon any ofthe parties hereto until it has been executed by all parties hereto. 21. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 22. NOTICE. Whenever either party desires or is required to give notice tmto the other, it must be given by written notice, and either delivered personally or mailed to the appropriate address on the first page ofthis Agreement, or such other address as is designated in writing by a party to this Agreement. THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF ANY ATTORNEY PRIOR TO SIGNING. IN WITNESS THEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONER ATTEST:DANNY L. KOLHAGE,CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/ Chairperson By: Person a r#o Wi'",,, faChas" Je)1~;(e1 Co r!-(5 Print Name ~ J/J}) )(111 j', f if !l)f Print Name 111~jO Date I ' Date /-/J~/O Wi",.,,, for Purch..,.r <:iJ,cM.. t::.;diN>d;M, ( ~(()n ~fISb~D'Lb/ Print ame Date 1- 1?- - I u '. I. STATE OF Florida ) COUNTY OF Monroe) ~r.fqrpg~ing inA~I!:l~~t~as ackno:wledged before me this }3 day of.::r A~J ., 2019, by MJliJJJft1T I S i ~ . He/she IS personally known to me or produced ~as identification, (NOTARY PUBLIC) SEAL ",'UI" Lid' M . $$f.'!fl'Z'~ la abel DIeguez r;:;/ Jr?~~COMMISSION#DD785994 .~~A.'I(" ~'Vi';';"_'c~~EXPIRES: MAY 06 2012 ~'.f. vr p..; \...... ; ".""", WWW.AARONNOTARY.com (printed, Typed or Starn d N fN. .rI"""" Lidia Mabel Dieguez pe ame 0 Q. . ..11$.".... Public) f?( "f.;)COMM\SSION#DD785994 C .. N ::<;l.'. : <> = EXPIRES- MAY 06 2012 ommlSSlon 0.: ':;.'V;;i;..... ;'<ii'$ . , M C .. <"~I e~ r ,.<" WWVl' NmONNOTARY.com y omrrnSSlon ",,,,, . Expires: 0{ !_ '. , . 16 ~ I r 1 ! ! ~ I l I I ~ ) ~ " SECTION SIX - FORMS PROPOSAL FORM MoNROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 1-213 KEY WESTJ FLORIDA 33040 PROPOSAL FROM: 1M IlL.} /t-M .5. PI:: .:;;G/+ 4~~;:~~d~J The undersigned, having carefully examined the Request from Proposal, and Addenda thereto and having inspected the property, and other Contract Documents for the: BID TO: Requ.est for Proposal- PURCHASE OF COUNTY PROPERTY ON LONG KEY! PARCEL ID 386360 and having carefully examined the site of the prpperty, having become familiar with all local conditions, ha\ilng familiarized himself with Federal, State, and Local laws, ordinances, rules and regulations affecting the property and agreeing to ingress and egress easements to adjacent properties as deemed necessary, does hereby propose to purchase the entire Property or a portion of the property as indicated in the attached survey. The Purchaser must include a survey indicatino the portion of the property to be purchased. failure to include a survey may result in the County reiectinn the proposal from consideration. The undersigned further certifies that he understands that the property is to be purchased "AS IS" condition and the County does NOT warrant the condition of the property . The Proposal shan be furnished below in words and numbers. If there is an inconsistency between the two the Bid in words shall control. FOR PURCHASE: F 4 ~ --I Pl~ (fotal Base Proposal- words) ro t!!?- $ ~ (Total Base Proposal - numbers) Dollars. 21 I acknowledge receipt of Addenda No.(s) No.~Dated No._Dated No._Dated No._Dated No._Dated 11. - Z. \-'2 DO q ~ i I have included the Proposal Form .)<J. the Non-Collusion Affidavit)O , the Lobbying and. Conflict of Interest Clause-E.... In addition, ] have included a survey of the property ~( Only required if the Proposer seeks to purchase only a portion of the property. Note: The Proposal must clearly indicate the portion of the property that the Proposer seeks to purchase. Any STrofS in the survey will be held against the proposer and the County may reject any Proposal which is unclear or contains errors within. (Check mark items above. as a reminderthattheV are ~ncluded.l , Mailing Address: 27/ flllil!NWltM ~'Jl6 kG)' /1r b+yflS R/- .JJ/)'Ij' Date: IN 2.0/0 ftr-791 - J/~__~ Signed: uIA T? t-- ;..- ~(i~ WJlJA/HrJ.I: ~/ (Name) Phone Number: (Title) STATE OF: flcr, 0:\ c..... COUNTY OF: H \ a (n', - '() c..cl:o PERSONALLY APPEARED BEFORE ME, lh.e undersigned authority,W 1\1 \ (t rY\ <; . Pe J L L. who, after first being sworn by me, name of individual sign' affixed l1is/her signature in the space provided above on this .J.b.. day of A \J 0. r- . NOT. ":,-:.\.:.;;:'-.. J la Mabel Dieguez My commrsslt?l1~iI'eSjN #Da 7~5qq4 . }r.>;OIRES: !,j,;Y 06, 2C12 '.~q.,..~~;'''' w'~,'V-I.AAKvr;lNOlJ\HYcom 22 NON-COLLUSION AFFIDAVIT I, WIU./J'"M S pcSC+J. of the city of UNJN c..o(Z.P4~ MDN(l.:o~Ciuu1'f.. according to law on my oath, and under penalty of perjury, depose and say that W 1 \.L.l.Aw\ S. Pe=scti Andlor of the firm of N I A- the bidder making the Proposal for the project described in the notice for request for Proposals for: ?r-:'\-(<Gt2"L ..r:o 3 ~6;s' b D and that I executed the said proposal with full authority to do so; 1. STATE OF: COUNTY OF: lam 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; Unless othelWise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 3. 4. No attempt has been made or will be made by the bidder to induce any other person, partnership Of corporation to submit, or not to submit, a bid for the purpose of restricting competition; and The statements contained In this affidaVit are true and correct, and made with full kn<mI'1fr aaid pro~eolI!)Oposal. WtlM\~~~ lfcl3/~tJlO (Signature of Bidder) Date) 5. ~or \ 2-C-.- t-\1 t. jIy)', - \)c.. ~ r PERSONALLY APPEARED BEFORE ME, the undersigned authority, W 1 \11 fA. vY\ So. \')-e .11.... h who, after 1irst being s(jrn by m~ame of individual signing) ffixed isfher signature in the space proVided above on this day of ; A,.) \J~ . 20 . NOTARY PUB My co~~iM~l DIeguez N/ ~"'f<; %CCMMiSSION #\)D ItlO'a';l4 ;~~:,.~"'~9'EEXP\Rt:S: MAY 06,2012 .'....,h::..~....o~~ ';'i~JW..~"" WHW.AARONNOTP-RY,cOm 23 " LOBBYING AND CONFLlCT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE " IN JlL/frlV1 .s, pC::!' SCII- (Company/individual) " "u.warrants that he/it has not employed, retained or otherwise had act on hislils behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation 'ofthis provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or cen,ideration paid 'e 'he Iooner C,"nty cfficer,r emp~ L . (Signature) I L - ' Date: , /13.~/iJ , ,. . ' STATE OF: COUNTY OF: r::::UGt,A 0 A 'D ~ ..r 1) I ::rAN U A-~ do. 0 1 0 SUbscribed and swam to (or affirmed) before me on (date) by ~UJI /fW1 S.!14:5e/t- known to me or has produced as Identification. (Type of identific He/She is personally NOTAR UBLlC My commission e?9?ires: "'~"~'~"" Lia\a Nabel nh:gucl ............t-t...u,o....... rF A..~.1CCMil.ISS10N #OD785994 -- . 1\<):\ .-- ~'~..~S;;1;"9'::E:\?IRES: MAY 06, 2012 ~~~_:.. ~o..,~ ".,~,;"..", vlww,AARONNOTARY,com 24 MONROE COUNTY REQUEST FOR PROPOSAL FOR THE PURCHASE OF COUNTY PROPERTY ON LONG KEYwPARCEL ID: 386360 MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Mayor Sylvia Murphy, District 5 Mayor Pro tern Heather Carruthers, District 3 Commissioner, Kim Wigington, District 1 Commissioner George Neugent, District 2 Commissioner, Mario Di Gennaro, District 4 COUNTY ADMINISTRATOR Roman Gastesi SENIOR BUDGET DIRECTOR Tina Boan CLERK OF THE CIRCUIT COURT DANNY L. KOLHAGE December 2009 Prepared by: Christine Limbert-Barrows, Assistant County Attorney Monroe County Attorney's Office TABLE OF CONTENTS PAGE NOTICE OF REQUEST FOR PROPOSAL 3 SECTION ONE Instruction to Bidders 5 SECTION TWO RFP Specifications 11 SECTION THREE Sample Contract for Purchase and Sale 12 SECTION FOUR Definitions 17 SECTION FIVE Proposal 19 SECTION SIX Proposal Forms , " 21 2 NOTICE OF REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on January 20, 2010 at 3:00 P.M., the Monroe County Purchasing Office will open sealed proposals for the following: PURCHASE OF COUNTY PROPERTY ON LONG KEY - PARCEL ID 386360 MONROE COUNTY, FLORIDA RFP-BOCC-20-345-201 0- PURlCV The Board of County Commissioners of Monroe County, Florida, hereby requests sealed proposals from applicants who wish to purchase County owned property on Long Key, FloridalParcel ID 386360/Alternate Key 1470082. The County is willing to consider bids for the purchase of the entire parcel or a portion of the parcel. The Property is offered on an "AS IS" basis. Any proposal shall comply with the laws, ordinances, rules and regulations of the County, State and Federal government. Proposals which do not comply are subject to rejection by the Board of County Commissioners. The,specific requirements for the proposals are set out in the Request for Proposal. Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR http://www.co.monroecountv-fl.l!ov/D32es/msd/bids.htm or call toll-free at 1- 800-711-1712. The Public Record is available at the Purchasing Office located at the Gato Building, 1100 Simonton Street, Key West, FL 33040. Questions should be directed to Ch.r1stine Limbert-Barrows, Assistant County Attorney, 1111 lih Street, Suite 408, Key West~ .Florida 33040 or by facsimile to (305) 292-3516. All answers will be by Addenda. Interested firms or individuals are requested to indicate their interest by submitting two (2) signed originals and five (5) complete copies [total = seven (7)], of the proposal in a sealed envelope clearly marked on the outside with the Proposer's name and "Proposal for Purchase of County Property on Long Key - Parcel ID 386360, Monroe County, Florida ", addressed and delivered to: Monroe County Purchasing Office 1100 Simonton Street, Room 1-213 Key West, FL 33040 Phone: (305) 292-4466 Fax: (305) 292-4465 All proposals must be received by the County Purchasing Office before 3:00 P.M. on January 20,2010. Any proposals received after this date and time will be automatically rejected. Materials may be delivered by Certified Mail, Return Receipt Requested, hand-delivered or couriered. Faxed or e-mailed proposals will be automatically rejected. Hand delivered proposals may request a receipt. If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated above. Proposers should be aware that certain Itexpress mailll services will not guarantee specific time delivery to Key West, Florida. It is the sole responsibility of each Proposer to ensure their proposal is received in a timely fashion. . 3 All submissions must remain valid for a period of ninety (90) days from the date ofthe deadline for submission stated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of Management Services, State of Florida, under Sec. 287.133(3)(d), Florida Statute (2008). Monroe County declares that all or portions of the documents and work papers and other forms of deliverables pursuant to this request shall be subject to reuse by the County. In the case of a sale, the bid of the highest bidder complying with the terms and conditions set forth in such notice shall be accepted, unless the Board of County Commissioners rejects all bids because th~y are too low. The Board reserves the right to reject any and all proposals, to waive informalities in any or all proposals, to re-advertise for proposals, and to separately accept or reject any item or items and to award and/or negotiate a contract in the best interest ofthe County. Dated at Key West, Florida, this 16th day of December, 2009. Monroe County Purchasing Department Publication Dates: Reporter (Fr) 12/18/09 AND 12/25/09 Keynoter (Sa) 12/19/09 AND 12/26/09 KW Citizen (So) 12/20/09 AND 12/27/09 , . 4 SECTION ONE INSTRUCTION TO BIDDERS 1.01 DESCRIPTION A. The County is seeking proposals for purchase of county property on Long Key, Florida - Parcel ill 386360/Altemate Key 1470082. The County will also consider proposals for purchase of a portion of the parcel. Such proposals must include a survey giving the legal description with metes and bounds indicating the portion of the property sought to be purchased. The property consists of one parcel, which runs along the right of way of Long Key Ocean Bay with an approximate land square footage of8;634. The Legal Description is: Long Key Ocean Bay Colony PB 3-310 SEC 1 Long Key PT Lots 1-2-3- OR! 04-286-287 ' The Monroe County Property Appraisers Property Record Card is attached for reference. B. Proposers should be aware: 1. Any proposal/bids shall require access easements to the adjacent properties as deemed necessary; Parcel ill 386350, 386370, 386414; . 2. The County does not warrant the condition 'the property; 3. The property is zoned Urban Residential (OR); Future land use map (pLUM) designation: Residential High (RH); Tier: Tier 3 4. If potential purchasers wish to purchase only a portion of the parcel; a survey giving a legal description of the portion to be purchased must be included with the proposal; 5. The Purchaser shall accept a quitclaim deed; and 6. any purchase of the property is offered on an "AS IS" basis. C. The Monroe County Property Appraiser Property Record Card is provided herein for informational purposes only. Proposers shall not rely on the above documents to portray the present state of the property, nor does the County warrant the information in the documents. Proposers should obtain their own individual surveyor other studies as they determine necessary. Any surveys; studies, or other material which an individual Proposer deems necessary; shall be conducted solely at the expense of the Proposer, and shall be conducted in a time-frame which will not postpone the sale of the property. 5 1.02 DEFJNED TERMS Terms used in the Instructions to Proposers are defined and have the meanings assigned to them in the General Definitions, Section 4. 1.03 EXAMINATION OF BIDDJNG DOCUMENTS A. Complete sets of Proposal Documents will be issued and shall be used in preparing proposals. The COUNTY does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of Proposal Documents may be obtained in the manner and at the location stated in the Notice of Calling for Proposals. C. Each Proposer shall thorougWy examine all the Proposal Documents. Ignorance on the part of the Proposer shall in no way relieve him ofthe obligations and responsibilities assumed under this proposal. 1.04 DISQUALIFICATION OF PROPOSERS A. ONE PROPOSAL: Only one proposal from an individual, fittrl, partnership or corporation under the same or under different names will be considered. In the event evidence is discovered which indicates a' Proposer has interest in more than one proposal for the work involved, all proposals in which such a Proposer is interested may be rejected. B. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. Ifit is discovered that collusion exists among the proposers, the bid or proposals of all participants is such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. 1.05 EXAMINATION OF CONTRACT DOCUMENTS A. Each Proposer shall carefully examine the RFP and other contract documents and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost and performance under the contract, including requirements of applicable County, State and Federal laws and restrictions. Ignorance on the part of the Proposer will in no way relieve the Proposer who executes the purchase/sale contract of the obligations and responsibilities assumed under the contract. B. Should a Proposer find discrepancies or ambiguities in, or omissions 6 from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County in writing as required in Section 1.06. 1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Proposer as to the meaning of the contract documents. Any written inquiry or request for interpretation received ten (10) or more days prior to the date fixed for opening of responses will be given consideration. All such changes or interpretation will be made in writing in the form of an addendum and, if - issued, will be furnished to all known prospective Proposers prior to the established proposal opening date on the web site www.demandstar.com or http://www.monroe- fl.2:ov/uages/msd/bids.htm. Each Proposer shall acknowledge receipt of such addenda in the space provided therefore in the bid form. In case any Proposer fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each Proposer will be bound by such addenda, whether or not received by him. It is the responsibility of each propos~kto verify that he has received all addenda issued before responses are opened. 1.07 PREPARATION OF PROPOSAL Signature of the Proposer: The Proposer must sign the Proposal forms in the space provided for the signature. If the Proposer .is an individual, the words "doing business as II, or IISole Ownerll must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words IIMember of the Firmll should be written beneath such signature. If the Proposer is a corporation, the title of the officer signing the proposal on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the proposal must be submitted. The Proposer shall state in the proposal the name and address of each person interested therein and the names of each officer or member of the Board of Directors therein. 1.08 SUBMISSION OF PROPOSAL A. Two (2) signed originals and five (5) copies of each proposal shall be submitted. B. The Proposal shall be submitted in a sealed envelope clearly marked on the outside, with the Proposers name and "Request for Proposal for the Purchase of County Property on Long Key", addressed to the entity and address stated in the Notice of Request for Proposals, on or before 3:00 P.M. local time on the 20th day of January, 2010. Ifforwarded by mail or courier, the above-mentioned envelope shall be enclosed in 7 another envelope addressed to the entity and address stated in the Notice of Calling for Proposals. Faxed or e-mailed statements of proposals shall be automatically rejected. Proposals will be received until the date and hour stated in the Notice of Calling for Proposals. C. The submission of a proposal will constitute a representation by the Proposer that he has complied with every requirement of Article 3 and that the Bidding Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions. 1.09 WITHDRAWAL OF BID Any proposal may be withdrawn prior to the time scheduled in the Notice of Calling for Proposals for the opening thereof. All other proposals received must remain valid for a period of ninety (90) days. 1.10 MODIFICATION OF PROPOSALS Written proposal modification will be accepted from Proposers if addressed to the entity and address indicated in the Notice of Calling for Proposals and received prior to response due date and time. 1.11 RECEIPT AND OPENING OF PROPOSALS , . A. Proposals will be received until the designated time and will be publicly opened and read aloud at the appointed time and place stated in the Notice of Calling for Proposals. Monroe County's representative authorized to open the proposals will decide when the specified time has arrived and no proposals received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a proposal not properly addressed and identified. B. Proposers or their authorized agents are invited to be present. The public is permitted to be present. No verbal explanation or changes to the written proposals will be allowed by any Proposer or other observer at the opening of the Proposals. Submittals will be judged upon the written Proposal only. C. Any Bid not received by the Purchasing Department on or before the deadline for receipt of bids designated in the Notice of Calling for Bids will be returned unopened. D. All Bids shall remain open and valid for ninety (90) days after the date designated for receipt of Bids. 8 E. The County may, at his sole discretion, release any Bid before the ninety (90) days has elapsed. 1.12 DETERMINATION OF SUCCESSFUL PROPOSAL The County reserves the right to reject any and all proposals and to waive technical errors and irregularities as may be deemed best for the interests of the County. Proposals, which contain modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the Instruction to Proposers, and the contract documents, may be rejected at the option of the County. 1.13 AWARD OF CONTRACT A. The County reserves the right to reject any or all proposals, or any part of any proposals, to waive any informality in any proposal, or to re-advertise for all or part of the work contemplated in the best interest of the County. If proposals are found to be acceptable by the County, written notice will be given to the selected Proposer of the acceptance of his proposal and of the award ofthe contract to him. B. If the award ofthe contract is rejected, the County may award the contract to another Proposer or the proposed sale may be re- advertised as the County decides is'ih the best interest of the County. C. If a Contract is awarded, it will be awarded to the conforming responsible Proposer, whose proposal includes the highest price, and whose proposal has the detail necessary for the County to make an informed decision. D. The County also reserves the right to reject the bid of a Proposer who has previously failed to perform properly or to complete contracts of a similar nature on time. E. In evaluating Bids, the County shall consider whether or not the Bids comply with the prescribed requirements in the Bidding Documents. F. The County may conduct such investigations as it deems necessary to assist in the evaluation of any Proposal and to establish the responsibility and financial ability of the Proposers to the County's satisfaction within the prescribed time. G. The County reserves the right to reject any Proposal which does not pass any such evaluation to its satisfaction. 9 H. If the Contract is awarded, the County will issue the Notice of Award to the successful Proposer within ninety (90) days after the date of receipt of bids. The County reserves the right to return all Proposals, not make any awards, and retain the property as the Board of County Commissioners sees fit. 1. All proposals, including the recommendation of the County Administrator and the requesting Department Head, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. 1.14 EXECUTION OF CONTRACT A. The Proposer to whom a contract is awarded will be required to negotiate specific details of a purchase contract and to incorporate the items in the proposal that are the basis for the award of contract. ' B. Completion of the contract to the satisfaction of the County shall be done within Thirty (30) days of the awarding of the contract by the BOCC, if this is not accomplished the County reserves the right to reject the contract and go to the second Proposer or, if the County desires, to rebid the project at a future date. . , ' C. The Proposer shall return to the County four (4) executed counterparts of the prescribed contract A sample contract is provided herein, but is expected to be modified to correspond to the elements of the selected proposal. D. In the event the Proposer given Notice of Award fails to execute and deliver all contract documents required above, the County may exercise its right to contract with the next conforming responsible proposer with the best price for the County. 10 Jroperty Search -- Monroe County Property Appraiser Ervin A. Higgs, CFA Properly Appraiser Monroe County, Florida office (305) 292-3420 fax (305) 292-3501 Property Record View Alternate Key: 1470082 ParcellD: 00386360~OOOOOO Ownership Details Mailing Address: MONROE COUNTY' FLA 500 WHITEHEAD STREET KEY FL 33040 Property Details PC Code: 94 - RIGHT OF WAY (ALL ROADS) Millage Group: 500L Affordable Housing: No Section-Township-Range; 07-65-35 Property Location: LONG KEY Subdivision: LONG KEY OCEAN BAY COLONY SEC 1 Legal Description: LONG KEY OCEAN BAY COLONY PB 3-130 SEC 1 LONG KEY PT LOTS 1-2-3-0R104-286-287 .- i Show Parcel Map Exemption 14 - COUNTYLANDS Amount 51,804.00 land Details Land Use Code 9400 - RIGHT OF WAY Frontage o Depth o Land Area 8,634.00 SF Building Summary Number of Buildings: 0 Number of Commercial Buildings: 0 Total Living Area: 0 Year Built: 0 Parcel Value History Certified Roll Values. lttp://www.mcpafl.org/PropSearch.aspx 12/16/2009 lOa ~~.0p~i.~Y DB-taits PC Code: 94 - RIGHT OF WAY (ALL ROADS) Millage Group: 500L Affordllble Housing: No Section-Township-Range: 07-65-35 Property Location: LONG KEY Subdivision: LONG KEY OCEAN BAY COLONY SEC 1 Legal Description: LONG KEY OCEAN BAY COLONY PB3-130 SEC 1 LONG KEY PT LOTS 1-2-3 OR104-286.2S7 Parcel T\,'lJ.p lOb Property S'earch -- Momoe County Property Appraiser View Taxes for this Parcel. I Roll Total Bldg Total Mise Improvement Total Land Total Just ~Market} Total Assessed School Exempt School Taxable Year Value Value Value Value Value Value Value : 2009 0 0 51 ,804 51,804 51.804 51.804 0 2008 0 0 51,804 51,804 51.804 51,804 0 2007 0 0 51,804 51,804 51,804 51.804 0 2006 0 0 51,804 51,804 51,804 51,804 0 2005 0 0 51,804 51 ,804 51,804 51,804 0 2004 0 0 51,804 51,804 51,804 51 ,804 0 2003 0 0 51,804 51,804 51,804 51 ,804 0 2002 0 0 51,804 51,804 51,804 51.804 0 2001 0 0 51,804 51,804 51 ,804 51,804 0 2000 0 0 51,804 51 ,804 51,804 51 ,804 0 1999 0 0 51,804 51,804 51,804 51 ,804 0 1998 0 0 51 ,804 51,804 51,804 51,804 0 1997 0 0 51 ,804 51,804 51,804 51,804 0 1996 0 0 51 ,804 51,804 5{804 51,804 0 1995 0 0 12,951 12,951 12,951 12,951 0 1994 0 0 12,951 12,951 12,951 12,951 0 1993 0 0 12,951 12,951 12,951 12,951 0 1992 0 0 12.951 12,951 12,951 12,951 0 : 1991 0 0 12,951 12,951 12,951 - 12.951 O' . : 1990 0 0 12,951 12.951 12,951 12,951 0 , ' 1989 0 0 12,951 12,951 12,951 12,951 0 , 1988 0 0 12,951 12,951 12,951 12,951 0 1937 0 0 12,951 12,951 12,951 12,951 0 1986 0 0 2,237 2,237 2,237 2.237 0 1985 0 0 2,237 2.237 2,237 2,237 0 1984 0 0 2,237 2,237 2.237 2,237 0 1983 0 0 2,237 2,237 2,237 2,237 0 1982 0 0 2,237 2,237 2,237 2,237 0 Parcel Sales History NOTE: Sales do not generally show up in ollr computer system until about two to three months a'fter the date of sale. If a recent sale does not show up in this list please allow more time for the sale record to be processed. Thank you for your patience and understanding. There are no sales to display for this parcel. This page has been visited 147.543 times. Monroe County Property Appraiser Ervin A, Higgs, CFA P.O. Box 1176 Key West, FL 33041-1167 http://www.mcpafl.orglPropSearch.aspx 12116/2009 lOe SECTION TWO RFP SPECIFICATIONS 2.01 GENERAL SPECIFICATIONS The successful Proposer is expected to provide a proposal to purchase County owned property on Long Key, Florida! Parcel ill 386360/Alternate Key 1470082. The successful Proposer will be expected to enter into a contract with County. The property is offered "as is". An access easement will also be required to allow access to adiacent property owners as deemed necessary. Signature on the Bid Form shall constitute a commitment to the conditions additional to purchase price, as follows: 2.02. THE PURCHASE ALTERNATIVE A. Proposers who wish to purchase the property shall set forth, in addition to the requirements in Section Five, the following: 1. A purchase price; 2. Proposed closing date, which shall be no longer than 30 days after approval of the proposal by the Board of County Commissioners; 3. If the Proposer will be seeking financing, the anticipated details of. financing and the time needed to obtain financing should be included in the proposal. County government is prohibited by the Florida Constitution Article VII, section 10 from pledging credit to private entities. A proposal which anticipates the participation in financing or other pledge of credit will be rejected; 4. Provide a statement of the anticipated use of the property; 5.. If the Proposer seeks to purchase only a portion ofthe property, the proposal must be accompanied with a survey, which shall include a legal description with metes and bounds indicating the portion of the property to be purchased. 11 SECTION THREE SAMPLE CONTRACT 3.01 SAMPLE CONTRACT FOR PURCHASE AND SALE Below is a sample contract for information purposes and is subject to change depending upon the proposal and discretion ofthe County. Any final contract would have to be negotiated with the winning Proposer and may be different from the sample. A. SAMPLE CONTRACT FOR PURCHASE AND SALE Project: County owned property on Long Key, Florida! Parcel ill 386360/Altemate Key 1470082 Property Tax LD. # TIDS AGREEMENT is made this_ day of February, 2010, between BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, as " Seller", 1100 Simonton Street, Key West, Florida 33040, and as "Purchaser" whose address is In consideration of the mutual promises contained herein, Seller hereby agrees to sell to Purchaser the real property located in Monroe County, Florida, described below, together with all improvements, easements, rights and appurtenances ("Property"), in accordance with the provisions of this Agreement. 1. DESCRIPTION OF PROPERTY. The property which the Seller agrees to sell and the Purchaser agrees to buy pursuant to the terms of this Agreement is that property situated on Long Key, Monroe County, Florida, and more particularly described as: The Legal Description is: Long Key Ocean Bay Colony PB 3-130 SEC 1 Long Key PT LOTS 1-2-3- OR104-286-287 4. TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Price") for the Property is DoUars ($ ) which will be paid by Purchaser at closing. Seller hereby authorizes Purchaser to issue a certified check directly to an escrow agent who is authorized by law to receive such payment, and who is acceptable to Purchaser, and to require the escrow agent to pay Seller's expenses of sale and real estate taxes. This Total Purchase Price presumes to include the entire 8,634 square feet of land unless otherwise stated. If the Total Purchase Price is for a portion of the property the Proposer shall include the approximate square feet of land and a survey of the property that the Proposer wishes to purchase. Conveyance of the Property by Quit Claim Deed from Seller to Purchaser will take place at the closing, in exchange for the payments to be made to Seller at closing as set forth 12 above in this paragraph. 5. INTEREST CONVEYED. At closing, Seller shall execute and deliver to Purchaser a quit claim deed, conveying marketable title to the Property clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except for those that are of record and acceptable encumbrances in the opinion of Purchaser and do not impair the marketability of the title to the Property. An access easement to adjacent properties is required as deemed necessary. 6. PREPARATION OF CLOSING DOCUMENTS. It is the Purchaser's obligation to prepare any documentation that the Purchaser seeks to be completed and executed by the Seller at the closing. All prepared documents shall be submitted to the Seller for review and approval at least 10 (ten) days prior to the Closing Date. If the Purchaser wishes to purchase title insurance, it is the Purchaser's obligation to do so and the purchaser must prepare and complete any documentation required by the title insurer. 7. EXPENSES. Purchaser will pay the documentary r~venue stamp tax and all other taxes or costs associated with the conveyance, including'the cost of recording the deed and any other recordable instruments which is deemed necessary by the parties. Except as provided in this Agreement, each party hereto shall pay its own expenses incurred in connection with this Agreement and the transactions contemplated hereby. 8. TAXES AND ASSESSMENTS. All real estate taxes and assessments which - . could have become a lien against the Property shall be satisfied of record by Seller by the date of closing. The Seller as a governmental agency is exempt from taxation, but upon transfer of the property the Purchaser may be accessed taxes on the property. The Purchaser may be obligated to pay an amount equal to the current taxes prorated from the date of transfer, based upon the current assessment and millage rates on the Property. 9. CLOSING PLACE AND DATE. The closing shall be on or before Month, day._201O_Cfi.ll in Date); provided, however, that if a defect exists in the title to the Property, the closing shall occur either on the original closing date or within 20 days after receipt of documentation curing the defects. whichever is later or agreed to by the parties. The parties may conduct the closing at an earlier date if they are satisfied that all conditions have been met prior to the date set herein. For purposes of the Purchaser, the determination that the conditions have been met prior to the closing date set herein shall require the County Administrator and County Attorney to sign approval of an earlier closing date and the contract need not go back before the Purchaser's governing body to reform the contract to provide the earlier closing date. to. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk of loss or damage to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to the Purchaser in the same or essentially the same condition as of the date of Seller1s execution of this Agreement, ordinary wear and tear accepted. However. in the event the condition of the Property is altered by an act of God or other natural force beyond the control of Seller. Purchaser may elect, at its sole 13 option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. 11. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with this Agreement. Seller shall deliver possession of the Property to the Purchaser at closing. 12. DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, the prevailing party will be entitled to recover reasonable attorney's fees and costs. 13. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in the Official records of Monroe County. 14. ASSIGNMENT. This Agreement may not be assigned by either Party without the prior written consent of the other Party. 15. TTh1E. Time is of essence with regard to all dates or times set forth in this Agreement. 16. SEVERABllJTY. In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability' of the remaining provisions of this Agreement shall not be affected. 17. SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's heirs, legal representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement, Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used, the singular shall include the plural and one gender shall include all genders. 18. ENTIRE AGREEJ\.1ENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. 19. WAIVER Failure of Purchaser or Seller to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right~ but the same shall remain in full force and effect. 20. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto. 14 21. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 22. NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally or mailed to the appropriate address indicated on the first page of this Agreement, or such other address as is designated in writing by a party to this Agreement. THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson PURCHASER BY " Person Authorized to sign for Purchaser Print Name Date: Witness for Purchaser Print Name Date: Witness for Purchaser Print Name Date: 15 STATE OF Florida) COUNTY OF Monroe) The foregoing instrument was acknowledged before me this day of by . He/she is personally known to me or produced identification. ,2010, as (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: . . 16 SECTION FOUR GENERAL DEFJNITIONS Wherever used in this Request for Proposal or in the other contract documents the terms below have the meanings indicated which are applicable to both the singular and plural thereof The use of the terms "he", llhim", "himself, or "his" shall refer to male and female persons alike and should not be construed as derogatory or discriminatory to female persons. 4.01 DEFINITIONS Addenda Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding documents or the contract documents. Agreement The written agreement between the County and the Contractor covering the contractual obligations to be performed; other contract documents are attached to the agreement and made a part thereof as provided therein. Bid The offer, proposal, or bid of the Proposer submitted on the prescribed form setting forth the purchase price for the property to be purchased. Bidding Documents The advertisement or invitation to bid, the request for proposal, instructions to Proposers, the bid form, and the proposed contract (including all addenda issued prior to receipt of bids). Contract Documents The bidding documents, agreement, addenda (which pertain to the contract documents), the Proposer's response to the request for proposal, including documentation accompanying the bid and any post-bid documentation submitted prior to the notice of award) when attached as an exhibit to the agreement, and the specifications as the same are more specifically identified in the agreement, together with all amendments, modifications, and supplements. Contract Price The moneys payable by the ProposerlPurchaser to the County under the contract documents as stated in the agreement. Contract Time The time the Contract shall be in force aq.d binding on the County and Proposer from the effective date of the agreement. 17 Effective Date ofthe Agreement The date indicated in the agreement on which it becomes effective, but if no such date is indicated it means the date on which the agreement is signed and delivered by the last of the two parties to sign and deliver. Laws and Regulations; Laws or Regulations. Laws, rules, regulations, ordinances, codes and/or orders as set forth by the Federal government, State of Florida or Monroe County Florida. Notice of Award The written notice to the apparent successful Proposer stating that upon compliance by the apparent successful Proposer with the conditions precedent enumerated therein, within the time specified, the County will sign and deliver the agreement. Owner The Monroe County Board of Commissioners with whom the Contractor has entered into the agreement and for whom the work is to be provided, also referred to as County; there may be times when owner refers to someone other than the County in which case the intent of the sentence shall dictate to whom the word owner applies. Proposal . ' The offer or proposal bid of the Proposer submitted in a format setting forth the qualifications of the Proposer and the prices and other conditions under which services shall be performed. Proposer The person, firm, or corporation who has submitted a proposal, also referred to as the Bidder, Contractor or Purchaser. RFP Request for Proposal advertised by the Board of County Commissioners. Written Amendment A written amendment of the contract documents, signed by the County and the Contractor on or after the effective date of the agreement. 4.02 AMENDING AND SUPPLEMENTING CONTRACT DOCUMENTS: The contract documents may be amended to modify the terms and conditions thereof only by a Written Agreement. 18 SECTION FIVE PROPOSAL 5.01. CONTENT OF SUBMISSION The proposal submitted in response to this RFP shall be printed on 8-112" x 11 II white paper; shall be clear and concise and provide the information requested herein. The bid shall be stapled and not be bound or tabbed. Statements submitted without the required information will not be considered. Bids/Proposals shall be organized as indicated below. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration. Each Proposer must submit adequate documentation to certify the Proposer1s compliance with the County's requirements. Proposer should focus specifically on the information requested. 5.02 The following information, at a minimum, shall be included in the Submittal: A. Cover Pa2:e . A cover page that states "Response to Request for Purchase of County Property on Long Key." The cover page should contain Proposer's name, address, telephone number, and the name of the Proposer's contact person. B. Tabbed Sections Tab 1. Details of the Proposed Purchase' or A. The Purchase Alternative: Proposer who intends to purchase the property shall describe: 1. The proposed purchase price; 2. The Proposer shall agree to accept a quitclaim deed; 3. The Proposer shall agree to an ingress and egress easement to adjacent properties as deemed necessary. 4. The Proposer shaH provide the proposed closing date, which shall be no longer than 30 days after approval of the proposal by the Board of County Commissioners; 5. The Proposer shall provide a survey of the property if the Proposer only seeks to purchase a portion of the property rather then the entire parcel. The Proposer shall indicate the portion of the property that they seek to purchase. Tab 2. County forms A. Proposer shall complete and execute the forms specified below and found at the designated pages in this RFP, signatures shall be current on all forms, dated within thirty (30) days of the date of submission as described in Section 1.07 19 herein, and Proposer shall include them in the section tabbed 2: Form Pa2:e Response Form 21 Lobbying and Conflict of Interest Clause 24 Non-Collusion Affidavit 23 Tab 3. Other Information Any other relevant information. 5.03 SELECTION CRITERIA. A. Selection criteria to be used to evaluate proposals shall include, but not be limited to, the criteria set forth in this Request for Proposal in addition to the following: 1. Purchase Price to County. 2. Completeness of the proposal and attachments. 3. Agreement by the Proposer to ingress and egress easement to adjacent properties as deemed necessary. 4. Financial integrity of the Proposer. , . 20 SECTION SIX - FORMS PROPOSAL FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 1-213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: The undersigned, having carefully examined the Request from Proposal, and Addenda thereto and having inspected the property, and other Contract Documents for the: Request for Proposal- PURCHASE OF COUNTY PROPERTY ON LONG KEY/ PARCEL ID 386360 and having carefully examined the site of the prpperty, having become familiar with all local conditions, having familiarized himself with Federal, State, and Local laws, ordinances, rules and regulations affecting the property and agreeing to ingress and egress easements to adjacent properties as deemed necessary, does hereby propose to purchase the entire Property or a portion of the property as indicated in the attached survey. The Purchaser must include a survey indicatina the portion of the property to be purchased, failure to include a survey may result in the County reiectina the proposal from consideration. The undersigned further certifies that he understands that the property is to be purchased "AS IS" condition and the County does NOT warrant the condition of the property. The Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two the Bid in words shall control. FOR PURCHASE: Dollars. (Total Base Proposal- words) $ (Total Base Proposal - numbers) 21 I acknowledge receipt of Addenda No.(s) No._Dated No._Dated No._Dated No._Dated No._Dated I have included the Proposal Form_, the Non-Collusion Affidavi~, the Lobbying and Conflict of Interest Clause_, In addition, I have included a survey of the property ( Only required if the Proposer seeks to purchase only a portion of the property. Note: The Proposal must clearly indicate the portion of the property that the Proposer seeks to purchase. Any errors in the survey will be held against the Proposer and the County may reject any Proposal which is unclear or contains errors within. (Check mark items above. as a reminder that they are included.) Mailing Address: Phone Number: Date: Signed: (Name) (Title) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this _ day of , 20_, NOTARY PUBLIC My commission expires: 22 NON-COLLUSION AFFIDAVIT I, ofthe city of according to law on my oath, and under penalty of perjury, depose and say that: 1. I am And/or of the firm of the bidder making the Proposal for the project described in the notice for request for Proposals for. and that I executed the said proposal with full authority to do so; 2. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter 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 bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior 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 person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and 5. The statements contained in this affidaVit are true and correct, and made with full knowledge of said project/proposal. (Signature of Bidder) ( Date) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this _ day of , 20_. NOTARY PUBLIC My commission expires: 23 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Com pa ny/individua I) "...warrants that helit has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: , . STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on ( date) by known to me or has produced as identification. (Type of identification) (name of affiant). He/She is personally NOTARY PUBLIC My commission expires: 24 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: County Attorney Bulk Item: Yes No -2QL Staff Contact PersonlPhone #: Bob Shillinger. x3470 AGENDA ITEM WORDING: Authorization for County Attorney's office to provide legal counsel to Supervisor of Elections and Canvassing Board on an as needed basis during the 2010 election cycle and waiver of any conflict of interest that might arise. ITEM BACKGROUND: The Supervisor of Elections has requested that legal staff provide legal counsel to his office and to the Canvassing Board during the 2010 election cycle. Under ~ 2-179(b) of the County Code, legal staff may provide legal advice to County Constitutional Officers to the extent no conflict of interest or potential conflict of interest exists. There are two commission seats up for election this year and both seats are contested races. Since any candidate for a commission seat, whether incumbent or challenger, runs in his or her private capacity and not in his or her official capacity as a commissioner, no actual conflict would arise if an issue were to arise in either commission race. To some, however, there might be an appearance of a conflict should an issue arise in one of the commission races. Therefore legal staff seeks a waiver of any conflict or potential conflict that might arise before it commences the requested representation. Based upon the schedule of meetings for the Canvassing Board, the time commitment would consume approximately 50 to 100 hours oflegal staff time during calendar year 2010. PREVIOUS RELEVANT BOCC ACTION: nJa CONTRACT/AGREEMENT CHANGES: nla STAFF RECOMMENDATIONS: Approval TOTAL COST: nla INDIRECT COST: @ $7.000 BUDGETED: nla COST TO COUNTY: n/a SOURCE OF FUNDS: n/a REVENUE PRODUCING: no AMOUNT PER MONTH Year APPROVED BY: County Atty X OMBfPurchasing _ Risk Management _ DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/09 July 7, 2009 2010 Canvassing Board Dates - (subiect to change if law changes) F.S. 102.141 S. ofE. Sawyer x3416 (Fax: 292-3406) rjg(q>.kevs..elections.org: County Attorneys - 292.3470 (Fax: 292.3516) cassel-llat@monroecountv-fl.gov & shillillger-boM:l!lnonroecountv-fl.gov Judge Miller - x 292-3424 (Fax: 295-3603) wavne.lluller@kevscourtS.net 923.7000= Miller cell Dee Dee Henriquez x5051 (Fax: x295.5021) dhenriquez@bellsouth.net Ruth Becker x 6029 ruth.becker@kevscourts.net leah.stevenson@kevscourts.net 360.0074 Becker cell Aue:ust 24,2010 - Primary Election June 18 at 3:30 for the Pre-election Canvassing Board Meeting Last day of qualifYing Aug.3 at 10:00 a.m. to 1 :00 pm for the Logic and Accuracy Testing (L & A) Tuesday before early voting starts Aug. 20 at 9:00 a.m. to 5:00 p.m. for the Canvassing ofthe Absentee Aug. 23 at 9:00 a.m. to 5:00 p.m. for the Canvassing of the Absentee Aug. 24 at 9:00 am. to 9:00 p.m. for the Canvassing of the Absentee Election Day Aug. 25 Ifresults are less than one half of one percent a recount is mandatory Aug. 27 at 9:30 a.m. to noon for the Reconciliation & Canvassing of Provisional Ballots, signatures needed for results Friday after election Aug. 31 at 9:30 to 10:00 to pull race and precinct Tuesday after election Sept. 2 at 9:30 to noon (not sure how long it will take) Manual Audit, &to Building Thurs. afier Election November 2, 2010 - General Election Oct. 12 at 10:00 a.m. to 1:00 pm for the Logic and Accuracy Testing (L & A) Tues. before Early Voting Oct. 29 at 9:00 am. to 5:00 p.m. for the Canvassing ofthe Absentee Nov. 1 at 9:00 a.m. to 5:00 p.m. for the Canvassing of the Absentee Nov. 2 at 9:00 am. to 9:00 p.m. for the Canvassing of the Absentee Election Day Nov. 3 If results are less than one half of one vercent a recount is mandatory. Nov. 5 at 9:30 am. to noon for the Reconciliation and Canvassing of Provisional Ballots, signatures needed for results Friday after Election Nov. 12 at 2:00 pm Canvassing the Overseas Ballots & signatures required for Final Returns to be sent to Tallahassee Nov. 16 at 9 :30 to 10:00 to pull race and precinct Tuesday after O/S ballot Counted Nov. 18 at 9:30 to noon (not sure how long it will take) 4 teams - Manual Audit, Gato Building Thurs. qfter OS ballot Counted Sec. 2-179. Duties of the county attorney. (b) The office of the county attorney may provide legal advice to other county constitutional officers but only to the extent that no conflict or potential conflict exists between the other constitutional officer and the board with respect to the subject upon which the other constitutional officer seeks advice. * TIM:E CERTAIN 2:15 P.M. * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Division: County Attorney's Office Bulk Item: Yes No XX Staff Contact Person: Bob Shillinger x3470 AGENDA ITEM WORDING: Approval of a Resolution in support of the Boy Scouts amended application to rename all of the Spanish Harbor Keys, including West Summerland Key, to "Scout Key". ITEM BACKGROUND: The Boy Scouts previously submitted an application to the U. S. Board of Geographic Names to rename West Summerland Key to "Scout Key", The Boy Scouts recently amended that application to rename all of the Spanish Harbor Keys to Scout Key after the Board of Geographical Names determined that West Summerland Key was the name associated with only part of the land mass known at Spanish Harbor Keys. The Board of Geographical Names has requested the County's input on whether it supports the amended application. PREVIOUS RELEVANT BOCC ACTION: 6/17/09 BOCC adopted Resolution 178-2009 endorsing the application to change the name of West Summerland Key to Scout Key (P-3) 12/16/09 Item withdrawn from agenda by staff (R-7) 3/17/10 (P-6) BOCC tabled item to April BOCC requesting additional back-up from staff CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: None INDIRECT COST: None BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No -X- AMOUNT PER MONTH Year APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management_ DOCUMENTATION: Included XX Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 RESOLUTION NO. - 2010 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS IN SUPPORT OF THE RENAMING OF SPANISH HARBOR KEYS TO "SCOUT KEY". Whereas, the County has previously adopted Resolution 178-2009 in support of the application of the Boys Scouts of America to rename West Summerland Key to "Scout Key"; and Whereas, the U.S. Board of Geographic Names recently reviewed that application but deferred action because that Board determined that the name "West Summerland" is assigned to only part of the land mass known as Spanish Harbor Keys; and Whereas, the Boy Scouts have amended their application to rename all of Spanish Harbor Keys, including West SummerIand Key as Scout Key; and Whereas, County maps, including those of the Monroe County Property Appraiser only depict the land mass in question as West Summer land Key; and Whereas, West Summerland Key is identified as Feature ID # 293123 by the U. S. Board of Geographic Names; and Whereas, the U. S. Board of Geographic Names require, as part of their review, input from local government regarding the renaming ofthe island and the amended application; and Whereas, the Board of County Commissioners of Monroe County, Florida desire to publicly recognize the benefits of scouting for the youth of this community and the impact scouting has made in the history of this island in the Florida Keys; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, that: 1. The Board supports the renaming of Spanish Harbor Keys including that portion officially designated as West SummerIand Key to "Scout Key". 2. The Clerk is hereby directed to forward a certified copy of this resolution to the U. S. Board of Geographic Names, U. S. Geological Survey, 12201 Sunrise Valley Drive, MS 523, Resto~ VA 20192-0523; the Florida State Board on Geographic Names, FREAC, uee 2200, Florida State University, Tallahassee, FL 32306-2641; and the South Florida Council, Boy Scouts of America, 15255 N. W. 82nd Avenue, Miami Lakes, FL 33016. Page I of2 PASSED AND ADOPTED, by the Board of County Commissioners of Monroe County, Florida at a regular meeting on said Board on the 17th day of March 20 10. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner George Neugent Commissioner Mario Di Gennaro Commissioner Kim Wigington (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ATTEST: DANNY L. KOLHAGE, CLERK BY: BY: Deputy Clerk Mayor Sylvia Murphy MONROE COUNTY ~~RNEY AP y,ORM: OBERT B. SHILLINGER, JR. CHIEF ASSISTANT COUNTY ATTORNEY Date: ~ - I -I () Page 20f2 Hi Matt, My apologies for an c),.1remely belated response. Many tllanks for following up. I saw your e~mail on the morning of the 12th and was able to report the latest developments to the U. S. Board at its meeting that moming, so they are aware of 111e amendment We have reworked Ule case brief to describe "Scout Key" (proposed) as 111e entire island mass, not just what we currently label West Summerland Key. 111e next step is to ask Monroe County to revisit the issue and provide a recommendation. Essentially, they will be asked to eliminate tIte name Spanish Harbor Keys in favor of SCOllt Key, and to render the name West Surrnnerland Key "historical" (since it doesn't exist as a separate feature). Indeed, if approved, the name West Summerland Key will be recorded as a variant (former) name for Spanish Harbor Keys, since it does seem to apply to the whole landmass. Bob, is this e~lnail enough to get the ball rolling at Ute county level, or would Mayor Murphy prefer a more "fonnaP' request for comment from the U.S. Board? We'll also ask. the Florida Stale Names Aulhority to revisit Ihe issue, allhougll in our e),.'Pcrience that office always defers to local preference. And Matt, if you want to continue to get the word out among your colleagues and neighbors, that would be helpful. A2, you know, local support for any name change is critical, and receiving Ute e-mails of support we've goUen thus far llave been vel)' helpful. As it happens, one of the U.S. Board members was in the Keys the week before our meeting and brought back photos confuming 1) that the three keys are now one, and 2) that there are road signs at both ends ofthe island saying "West Summerland Key", And with Google Street View we can get a pretty good view ofthe area, NOAA and the Fish & Wildlife Service have also both confirmed the landmass is one. TIlanks again, aud we look forward to bringillg tlns case to conclusion. Depending on the county's sehedu Ie, I expect the U.S. Board should be able to vote early in the new year (we meet monthly). Regards, JeIUlY .""*...'foi.......,. to",..." t+:iI" "+l'+t' .,....... "'........."'.IlI....... Jennifer Runyon. re..,.uch sbfl' U.S. Bum.! Oil Geosraphic N.m<,'S U.S. Geulogic~l S\IIVCY, Geographic Name. Office 12201 SullrilcVaUcyDr,MS 52~ Rcstoll, VA 20192-0523 Phoaelrax: (703) 648-4550/ (703) 648.4549 jrunYOll@U.gS.gov hUr,f(~con~mc,_uslls.llov (GNIS) From: To: Co: D~tc: Subjecl:f Matthew Vercher <vcrcherlG9@yahOll.eom> Jennifer E Runyon <j mnyon@lIiIlJfl.gov> Allen l'inkley <allenpinklcy@bcllsoulh.ncl>,Bob Shillinger <shillinllcrb@bcUsouth.nct> 11/1112009 05:41 PM Re: Scoul Key f West Summerl:lnd Key / Spanish H:lrbor Keys Jennifer, I would like to amend my proposal to rename the entire mass from West Summerland Key to Scout Key. I am confused in that DOT has a sign at both ends that says West Summerland and as far as the locals memory that I have interviewed there has never been a sign that identified the land as Spanish Harbor. I appreciate your assistance in this and we are looking forward to a successful end to the effort. I can forward a video as we drive the island if that would be helpfuL In Scouting Matthew S. Vercher District Director Buccaneer District, SFC Vercher169@yahoo.com (305) 360-1532 work I) [;8- ~-- '-. ":'~ '-'r ',"-, -, ,. I .. _ . :.. ...~. ..~ . ~ -.... . \.... ~ ." - I . - Monroe County - Growth Management - Web Map Application Page 1 of 1 Monroe County Monroe County Property Appraiser Help Monroe County - Growth Management - Web Map Application +i C=-. C' (1 ~ (-. Resu Its Print Ftnd RE Number Find AK Number Sear-c;n Owner Nilrre Map Contents - 1.".1 MonroeCountySDE_EnvironmentaU_al t jv'~ Overview 1- [~i MCPA .+~ [:.I f Hlstoric Areas + i-I Marsh Ratbit Buffer .+ r] Marsh Ratbit Habitat .+ :--1 Endangere::l Species +: . Habitat 2009 .,of- nTier .+ n Existing Land Use (Zoning) + [J FLUM +: '2006 Orthophotography 2009 Orthopholograpl,y <J1!!rQ D- [!) B http://mc-gisweb/M CGrwthMgmnt/ default. aspx 4/6/2010 Shimnger~Bob From: Don Craig [don@craigcompany.com] Sent: Friday, February 26, 2010 2:43 PM To: Shillinger-Bob Subject: Fwd: Boy Scout Camp Sawyer Renaming for your information. please include in your packet to the BoCC. Don Begin forwarded message: From: "Sally Boggess" <sboqqess@qirlscoutsfl,orq> Date: FebruaJy 25,20102:14:21 PM EST To: <don@craiQcompanV.com> Subject: Boy ScoLlt Camp Sawyer Renaming Don: Maria and our Chair of the Board, Irela Bague, are at a Girl Scout national meeting and they asked me to get back to you regarding your recent e-mail about efforts to rename West SummerJand Key to Scout Key. Maria discussed this issue with Irela and other Key volunteers. As a resultr in an effort to be good neighbors we will not oppose the renaming of the Key. However, as you may be aware, on the local level as well as the national level of Girl Scouts of the USA, we never refer to ourselves as just "Scouts", like the Boy Scouts do. We always refer to ourselves, internally and externally, as "Girl Scouts" which not only defines our organization but separates us from being confused with the Boy Scout organization. Therefore, we ask that you include our legal name "Girl Scout Council of Tropical Florida, Ine," In all of your materials, press releases, etc. regarding this issue and in the future, In addition, when applicable, please make the distinction that we are "Girl Scouts" and not use "Scouts" to refer to both organizations. As you may be aware, our camp was named many years ago "We-sum-kee" in recognition ofWest-sum-erland Key. So, you can see, there are two issues involved which dampens our spirits on this renaming issue. However, as we previously stated, we will not know oppose your efforts. If this issue moves forward, is there road signage planned? If so, we would like to be contacted for input on the signs. Sincerely- and on behalf of Maria and Irela, Sally Sally Ann Boggess, Chief Operating Officer Girl Scout Council ofTropkaJ Florida, Inc. 11347 SW 160 Street Miami, FI 33157 3/1/2010 Page I of2 Page 2 of2 Tel; 305-2534841, Ext 233 Fax: 305-253-2132 1-800-282-9576 sb oggess@gjrlscoutsfi.org www,girlscoutsfl, or~ Girl Scouting builds girls of Courage, Confidence, & Character, who ma({e the world a better place. Girl Scouts ayuda alas nifias a desarrollar la conrianza en 5i mismas, el valor y IDS principios para hacer del mundo un mejor lugar. Thi~ information is Intel1dlild ror Ihelilxclusive use Qflhe Individuaf or enlity 10 whom it Is addressed and may coolllin Information that is proprietary, privileged, confidential ami exempt from disclosure under applfc:lble slate or federal law, You are hereby notifiod that any unaulholizecl copying, disclosure or di~trjbution of Ihis information Is prohibited. If you have receIved Ihis communication In error (or ale nol an employee 0 r agent responsibla for delivering this lnfolrrr.llion to the intended re<;:jpi'l nt), please Immedi'llell' notify the sender to arrange for the return or destruction of !he lnf<:lnnatlon ancl all copIes. Donald Leland Craig, AICP Tto.t ~""& (1,'J<I";~J do n@craiqcompany,com 3/1/2010 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 17. 2009 Division: ColUltY Attorney's Office Bulk Item: Yes XX No Staff Contact Person: Bob Shillinger x3470 AGENDA ITEM WORDING: Approval of a Resolution in support of renaming West SummerIand Key-to <<Scout Key'. ITEM BACKGROUND: The Boy Scouts have submitted an application to the U. S. Board of Geographic Names to rename West Summerland Key to "Scout Key ", which will require input u.'om the County as part of the review process. West Surmnerland Key is the home of two (2) adjoining scout camps) Boy Scout "Camp Salipu" and Girl Scout "Camp Wesumkee". The two (2) camps are used by local youth, scout and non-scout, and residents and visitors to the Keys to enjoy outdoor activities such camping, kayaking, canoeing. There is no known connection between the naming of SummerJa.nd Key and West Summerland Key, as West SummerIand Key is about (10) miles ea.st of Summerland Key. West Summerland Key is the westernmost of the Spanish Harbor Keys, which have been filled over time to become one island. The Girl Scouts support the application. PREVIOUS RELEVANT ROCe ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST= None INDIRECT COSTt None BUDGEmD: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes_No.X- AMOUNTPERMONTH_ Year APPROVED BY: CoWlty Atty k OMBlPurcbasiDg _ Risk Management _ DOCUMENTATION: Included XX Not Required_ AGENDA ITEM #~ DISPOSITION: Revised 2105 AvpllJVt& ~Qes~ /? f 'oOcll RESOLUTION NO..1ZL - 2009 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS IN SUPPORT OF THE RENAMING OF WEST SUMMERLAND KEY TO "SCOUT KEY". Whereas, West Summerland Key is an island in the lower Florida Keys located between mile markers 34 and 35, and Whereas, originally there were three (3) keys at this location, known collectively as Spanish Harbor Keys, which were connected by fill at the time the Overseas Railroad was built. of which the westernmost island was named West Summerland Key; and Whereas, there is no known connection between the naming of Summerland Key and West Summer land Key, which, ironically, is located about ten (t 0) miles east of Summerland Key; and Whereas, the location of West Summerland Key to the east ofSummerland Key is often a source of confusion for visitors and residents ofllie County; and Whereas, the Boy Scouts ba1/C submitted an application to the u. S. Board of Geographic Names to rename West Summerland Key to "Scout Key"; and Whereas, West Summerland Key is the site of two (2) adjoining Scout camps, including Boy Scont "Camp Sawyer' and Girl Scout "Camp Wesumkee"; and Whereas, both scout camps are used by local youth, scout and non-scout, and by residents and visitors to the Florida Keys to enjoy outdoor activities such as camping, snorkeling, kayaking, and canoeing; and Whereas, West SummerJand Key is identified as Feature ID # 293123 by the U. S. Board of Geographic Names; and Whereas, the u. S. Board of Geographic Names require, as part of their review. input from local government regarding the renaming of the island; and Whereas, the Board of County Commissioners of Monroe County, Florida desire to publicly recognize the benefits of scouting for the youth of this community and the impact scouting bas made in. the history of this island in the Florida Keys; NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. that: 1. The Board supports the Iemlming of West Summerland Key to "Scout Key". Page 1 of2 2. The Clerk is hereby directed to forward a certified copy of this resolution to the U. S. Board of Geographic Names, U. S- Geological Survey, 12201 Sunrise Valley Drive, MS 523, Reston, VA 20192-0523; the Florida State Board on Geographic Names, FRBAC, UCC 2200, Florida State University, Ta1lahassee~ FL 32306-2641; and the South Florida Council, Boy Scouts of America, 15255 N. W. 8200 Avenue, Miami Lakes, FL 33016. PASSED AND ADOPTED, by the Boam of County Commissioners of Monroe County, Florida at a regular meeting on said Board on the 17 th day of June, AD., 2009. Mayor George Neugent Mayor Pro Tern Sylvia Murphy Commissioner Heather Carruthers Commissioner Mario Di Gennaro Commissioner Kim Wigington Yes No Yes Yes 1i2- (SEAL) . i ~ J\T~ST: 'DANNY 1.. KOLHAGE, CLERK BY:":;~~C. L~ . Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: /J.-,,,. L.. 'oJ~5.q-.. Mayor George Neugent 3: Q ~ ""'l'1 - o ~ r- ::2:("')% i! rq ::0 r :z. C a rr1_< -n fT\ ;:;0 W C?:;:;r.:: a 0 on:;:ll::; ::0 ;:E~ :I ::0 ---t n:z: l'TJ (") :<;-1> - Q - ., C'1 (;II :::m I rr1 G.1l m ~EY S1 F M: / ROBERT B. SHILLINGeR, JR. OHIEF AS~S'NT ~UNTY ATTORNEY a.t.1 -- Page 2 of2 UNiTED STATES HOARD ON GEOGRAPHIC NAMES Jil i'l~ply p\e<l~(;; liKe Ebb address l i. S, Geologlca[ Sllrvey 513 National C-::I)tcr RestQH, ......irginia 2(}1 ';l}-O:l23 Mr. Bob Shillinger Monroe County Attorneyis Office 1111 12th St, Suite 408 Key West, FL 33040 May 14, 2009 RECEIVED MAY 1 B 2009 MONROE COUNTY AITOflNfiY Dear Mr. Shillinger, As you know, the U. S. Board on Geographic Names is responsible by law for adjudicating decisions regarding geographic names for use by the departments and agencies of the Federal government. The Board has received a proposal to make official the name Scout Key for the island curr~ntly named West Summerland Key in Monroe County, Florida. The proponent believes the name change should be made to reflect the fact that the island is primarily owned and used by Girl Scouts and Boy Scoul.s of America. Because local opinion is very important to the Board, we would like your opinion concerning the proposed name change. We also ask that you share this request with the appropriate offices or members witb.in your counly. For more detailed information regarding this name issue, we are including a copy of the case summary along with. a map showing the location 0 f the island. If you have any questions. please do not hesitate to contact us. If your office is not the correct one to contact on this issue, we would appreciate it if you would let us know, and if possible, forward this to the appropriate office. This is similar to the emailletter sent to Mayor George Neugent. If you have an email address which we may use in the future, we would appreciate knowing it. Thank you in advance for your assistance in this matter and we look forward to hearing from you. 1;7) II/~ ~st Executive Secretary Domestic Names Committee U.S. Board on Geographic Names Enclosures Case Summary Scout Kev: island~ 97 acres; located in the Florida Keys 7.7 km (4.8 rni) SW of Missouri Key, 2.6 km (1.6 mi) SE of Mangrove Key; named for the Girl Scouts and Boy Scouts of America, who own and use the island~ Monroe County, Florida; See 33, T66S, R30E, Tallahassee Meridian; 24039'OJ"N, 81 o18'34'~W; USGS map -Big Pine Key 1:24,000; Not: West Summerland Key. b.Hp:llg.~911<.lm&~Jg;g,.,g<)yI.P !;~{glJi~_~J~lg~lg.Q9g!~~9QX:!ILI!J!=2:tfi~m~ 9'?.i94 ~L1511.~.: p 13094992938 Proposal: to change a oame to recognize usage of the feature Map: USGS Big Pine Key 1:24,000 Proponent: Matt Vercher; West Summerland Key, FL Administrative area: None Previous BGN Action: West Summerland Key (BGN 1973) Names associated with feature: GNIS: West Summerland Key (Fill 293123) Local Usage: West Summcrland Kev Published: Spanish Harbor Key-s (Google Maps, 2009), Summerland Key (Wikipedia, 2009), West Summerland Key (USGS 1986; Florida Beaches, 2006; multiple web pages) Case Summary: This 97 acre island is located in the Florida Keys, at Overseas Highway Mile Marker 34, between Bahia Honda Key and Big Pine Key. In 1973, the BGN determined that the westernmost island of the three islands that are named collectively Spanish Harbor Keys should be named West Summerland Key, which left the remaining two unnamed. However, more recent imagery indicates the three islands have merged together into ooe. The proponent believes the name West Summerland Key should be changed to Scout Key to reflect the fact that the island is primarily owned and used by the Girl Scouts and Boy Scouts of America.- This is confirmed in a 2006 book entitled Mom2 Florida Beaches (Puterbaugh and Bisbort). The proponent also wishes to change the name of this island to "prevent further mailing, delivery, and arrival errors" (although his address is West Summerland Key, neither the BGN nor the U.S. Postal Service recognize this as a valid community name). According to GNIS, there are three other features in Florida named "Scouf' (one lake. one island, and one swamp), but none include the generic "Key" nor are they in or near Monroe County. ~ f'ti '''-: Z) ~ = ~ ~ ~. (:\ = o ~ l-d "'1 Q "C (:;I a. 00 n o ;: ..... ~ rI) < ... ~ ...... Q "1 """,. ~ ~ ONTS Detail- West Summerland Key Pagel of 1 l1;(;FAg~. Quaty Result ~ll FAQs hZJ: Fe<lhIrI?; D'e~:J,f! ]S'~P'?rtfr>l-:~V~'~$t 5~!mmOi.;a"d l{oy Cilaticm: 293123 West Summerland Key Island IDc1tniliorl!>) Collected during Phase I data compUatlon (1976-1981), primarily from U.S. Geological Survey 1 :24,000-8<:1IIIe topographic maps (or 1 :25K, Puerto Rico 1;20K), various edition dates, and from U,8. Board on Geographic Names flies. 19-0ct-1979 0/0 Ma pping Services Click !he link to displ\lY the feature In U.s. mapping services. FeaturelD: Name: Class: *Elevations in teet/meters from the N;;tion.11 ElL'\I,,!ion D;lt;,~~t GNIS in GOOJ:lle Map HomeTown Locator P.&M~ USGS Th& National Map !\fIcro~n Virtual Earth TerraFlv.com rerraServer OOQ TerraServer DRG Find the Watershed MilpQuest Yahoo! Local M!y:!! E!\R!ld~ Entry_Date: *Elevatlon: VarkHl1' Nmn~s' Variant Name Spanish Harbor Key C,~Mi{'1\ f:!-<:lo;rd on G'i/o~r~lphi(; Names D.;!cir-:iorl$ ~ort<llW Links Feature Name Authority West SlJmmerland Key Board Decillion Decilion Type SGH Official 1973 GNlS Horne U.S. Soard on Geoaraphlc ~~ Mapplnfllnformatlon C{)Imhes. Sequence County Code State Cads Country 1 Monroe 087 Florida 12 US C\]Ordfn<:lt~$ (One point pel;' USGS ~oW:;gruphic map con~ainin9 toe f('Hlture~ NA08J) Sequence Latltude(DEC) Longltude(DEC) Latltude(DMS) LongitlJdelDMSI Milp Name Big Pine Key 1 24.6498660 -81.2609105 243900N 0811539W U,S. DeDartment of !he Intenor II U.S, GGoIoQlcal Surwv 12201 Sunrise VB1~ Drive. RestOll, VA 20192, USA gnill managu@usg$.gov FOml updated: May 7, 2009 USGS Privacy Polley and Disclaimers http://geonames.usgs.gov/pls/gnispublic/flp==116:3 :3480331267104418: :NO ::P3 _FID~P3 _ T... 5/7/2009 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April2L 2010 Bulk Item: Yes XX No Division: County Attorney Staff Contact Person: Pedro Mercado AGENDA ITEM WORDING: Approval oftermination of consulting agreement with SHAL. ITEM BACKGROUND: On December 16, 2009 the County entered in to a consulting agreement with SHAL. The County had received a Homeless Prevention and Rapid Re-housing program grant which contained a reporting requirement. The database system the Grant is required to use for complying with the reporting requirement is the Homeless Management Information System (HMlS). At the time the consulting agreement was entered into, SHAL had a part time employee with the required training for inputting the reporting data in the HMIS database. The SHAL employee with the HMIS training resigned effective March 19, 2010 in order to take a :full time position elsewhere. SHAL does not otherwise have an employee to fulfill the requirements contained in the consultant agreement. County staff has been in contact with Wendy Coles, SHAL's Executive Director. Ms. Coles is in agreement with a mutual termination of the contract. PREVIOUS RELEVANT BOCC ACTION: Approved the Consulting agreement at the December 16, 2009 BOCC meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval of termination. TOTAL COST:$O BUDGETED: Yes XX No COST TO COUNTY: $0 SOURCE OF FUNDS: 100% HPRP Grant REVENUE PRODUCING: Yes -:t.~ - AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~~1.0:MBlPurChasing _ Risk Management_ DOCUMENTATION: Included XX Not Required_ DISPOSITION: AGENDA ITEM # Message Page I of 1 Peters-Katherine From: Mercado-Pedro Sent: Thursday, March 25, 2010 11 :25 AM To: Peters-Katherine Cc: Graham-Sheryl Subject: AGENDA SUMMARY Social Services - Termination of SHAL contract From: wendy coles [mailto:f1shal@comcast.net] Sent: Thursday, March 25, 201010:53 AM To: Graham-Sheryl Cc: Avaiel-Raiette; BoomDi1@aol.com Subject: HMIS Support Sheryl Lorrie Somers is nolonger employed by SHAL, effective March 19th. Given this, SHAL would like to terminate the contract with Monroe County Social Services, effective immediately, to provide the County with HMIS support, I will submit the final invoice to the County this week. Given the tennination of the contract, Monroe County Social Services will be responsible for the data entry for the Homeless Prevention project. Wendy Coles, PhD, Executive Director Southernmost Homeless Assistance League 3052924404 office 305295 4376fax 305 393 3666 cell 3/26/2010 CONSULTING CONTRACT BETWEEN SHAL AND MONROE COUNTY , _ 1&t:i. ~~NOU THIS AGREEMENT, made and entered into this..J-*aay of Octnhpt., 2009, A.D., by and between MONROE COUNTY, (hereinafter "County"), a political subdivision of the State of Florida whose address is 1100 Simonton Street, Key West, Florida, 33040 and the Southernmost Homeless Assistance League, a Florida Not-For-Profit corporation (hereinafter "SHALl> or "Consultant") whose address is 1100 Simonton Street, Suite 1-192, Key West, Florida, 33040, WITNESSETH: WHEREAS, the County received American Recovery and Reinvestment Act of 2009, Homeless Prevention and Rapid Re-Housing Program (hereinafter "HPRP") funding as outlined in the Grant Agreement between Monroe County BOCC and the State of Florida, Department of Children and Families (Grant # KFZ28); and WHEREAS, the aforementioned grant has reporting requirements related to the Homeless Management Information System (hereinafter "HMIS) which is a locally administered, electronic data collection system that stores person-level information about clients who access the homes service system; and WHEREAS, SHAL as the local Continuum of Care (CoC) has expertise in complying with HMIS implementation, requirements, support, data collection and entry, tracking, reporting, and monitoring; and WHEREAS, the County desires to employ the services of SHAL to ensure the HMIS related requirements are met; and WHEREAS, SHAL is willing to provide the HMIS related services now, therefore, IN CONSIDERATION of the mutual covenants and agreements herein contained, and other valuable considerations, County and Consultant agree as follows: 1.0 SCOPE OF SERVICES The Consultant agrees to provide the County with 20 hours of grant reporting and HMIS implementation, requirements, support, data collection and entry, tracking, reporting, and monitoring services per week. The position shall be staffed at the Gato building located at 1100 Simonton Street, Key West, Florida and shall not require any driving as part of the Consultant's responsibilities or services. A. CONSULANT'S RESPONSIBILITIES Supervision and Personnel The Consultant shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with this agreement. B. SERVICES It is expected that the Consultant shall provide the County with 1 (one) person for 20 hours per week for the purposes of grant reporting and HMIS implementation, requirements, support, data collection and entry, tracking, reporting, and monitoring services. The Consultant agrees that no driving shall be required in order to provide the services and all of the services shall be provided and performed at the Gato Building located at 1100 Simonton Street, Key West Florida. c. LAWS AND REGULATIONS The Consultant shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable laws and regulations, the County shall not be responsible for monitoring the Contractor's compliance with any laws or regulations. 2.0 THE CONTRACT SUM The County shall pay the Consultant for the faithful performance of said service on an hourly basis, not to exceed 20 hours per week. Consultant shall invoice the County on a per month in arrears basis on or before the 30th day of the following month in each of twelve (12) months. The Consultant shall invoice the County monthly for services rendered. The amount shall be as follows: $16.60 per hour. 3.0 TERM OF CONTRACT A. This contract shall be for a period of one (1) year, commencing October 1, 2009, and terminating September 30,2010. B. The County shall have the option to renew this agreement after the first year, and each succeeding year, for three additional one year periods or as long as the grant is in effect. 4.0 HOLD HARMLESS The Consultant covenants and agrees to indenmify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Consultant or any of its agent(s) in any tier, occasioned by the negligence, errors, or other wrongful acts or omissions of the Consultant or its agents in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Consultant is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 5.0 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Consultant is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find the Consultant or any of hislher employees, contractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 2 6.0 ASSURANCE AGAINST DISCRIMINATION County and Consultant agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Consultant agrees to comply with aU Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255),as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Pub] ic Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC 5.1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 7.0 ASSIGNMENT/SUBCONTRACT The Consultant shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Consultant, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub-consultant shaH comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed-upon price of the services of the Consultant. 8.0 COMPLIANCE WITH LAW In providing all services pursuant to this agreement, the Consultant shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Consultant. The Consultant shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 9.0 INSURANCE Prior to execution of this agreement, the Consultant shall furnish the Owner Certificates of Insurance indicating the following minimum coverage: Worker's Compensation in the amount of statutory limits or Proof of Exemption 3 General Liability - $300,000 combined single limit Employee Dishonesty - $10,000. 10.0 FUNDING AVAILABILITY In the event that funds from the American Recovery and Reinvestment Act of 2009, Homeless Prevention and Rapid Re-Housing Program are partially reduced or cannot be obtained or cannot be continued at level sufficient to allow for the payment of the services specified herein, this agreement may then be terminated immediately at the option of the Board of County Commissioners by written notice of termination delivered in person or by mail to the Consultant. The Board shall not be obligated to pay for any services provided by the Consultant after the Consultant has received written notice of termination. 11.0 PROFESSIONAL RESPONSIBILITY The Consultant warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in these contract documents The Consultant shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Owner is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of Consultant 12.0 NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Roman Gastesi County Administrator 1100 Simonton Street, Suite 2-257 Key West, FL 33040 And Monroe County Attorneys Office 1111 12th S1. Suite 408 Key West, FL 33040 FOR CONSULT ANT: SHAL Dr. Wendy Coles, Executive Director 1100 Simonton Street, Suite 1-192 Key West, Fl. 33040 13.0 CANCELLATION The County may cancel this contract for cause with seven (7) days notice to the Consultant. Cause shall constitute a breach of the obligations of the Consultant or his agent to perform the services enumerated as the Consultant's obligations under this contract. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 14.0 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Consultant agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This agreement is not subject to arbitration. 4 A. Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Consultant agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. B. Attorney's Fees and Costs. The County and Consultant agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. C. Adjudication of Disputes or Disagreements. County and Consultant agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. D. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Consultant agree to participate, to the extent required by the other party. in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. 15.0 CONTINGENCY STATEMENT Monroe County's performance and obligation to pay under this contract is contingent upon an arulUal appropriation by the American Recovery and Reinvestment Act of 2009, Homeless Prevention and Rapid Re-Housing Program. 16.0 RECORDS Consultant shall maintain aU books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Consultant pursuant to this Agreement were spent for purposes not authorized by this Agreement, 5 the Consultant shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date me monies were paid to Consultant. 17.0 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Consultant and their respective legal representatives, successors, and assigns. 18.0 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 19.0 COVENANT OF NO INTEREST County and Consultant covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 20.0 CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 21.0 NO SOLICITATIONIPAYMENT The County and Consultant warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Consultant agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 22.0 PUBLIC ACCESS The County and Consultant shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Consultant in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Consultant. 23.0 NON- WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Consultant in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 6 24.0 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers. agents. volunteers, or employees outside the territorial limits of the County. 25.0 LEGAL OBLIGATIONS AND RESPONSffiILITIES Non~Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as. relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity. in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County. except to the extent permitted by the Florida constitution, state statute, and case law. 26.0 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Consultant agree that neither the County nor the Consultant or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart. inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 27.0 ATTESTATIONS Consultant agrees to execute such documents as the County may reasonably require. to include a Public Entity Crime Statement, an Ethics Statement, and Drug-Free Workplace Statement. 28.0 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 29.0 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, aU of which taken Logether shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 30.0 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 7 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: DANNY L. KOL.ijAGE, CLERK By: ~ok)!CL.~.j~ ,_ I?~p.~y:elerk /J- /6- 0, BOARD OF COUNTY COMMISSIONERS :~~A Mayor/Chairman Date: (SEAL) Attest: CONSULTANT By: 06tuOh) kivn~ Witness Signature By: trlit rJJrad g I-IAL SUsAt0 MA PAS Print Name Consultant Signate ~fti E-He Itllot.-L Print Name Title: ~ . JII~ , II J :1-0 fa 1 I , Date: The remainder of this page has been intentionally left blank. o an a:: 0 o u W ::r a:: cc g t.n l.J.... Z a c w ..., ...J E' ..... ~ .. - - w -.' (.:J '"'. <:C ~ '_~ :c U i- ~8bJ ~,~ r., >- 0:: L' I __ LLJ CL ~ zd~~ <t: - a fE Q'l 8 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE .5 B:A\- warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. ~ r,q)p o~ (signature) Date: 1/ 7 /; /J. I I STATE OF Zf/o'A~' /t !n,ovRoJL COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, ~', c n-t- AUflJL. L who, after first being sworn by me, affixed hislher signature (name of individual signing) in the space provided above on this It ~ day of My commission expires: -V:;;.-v~ 4{)/ ,20 10. NOTA~~{ ~ ~?~ PUDIJC-S'D\TE OF FLORIDA fW-:: HENRY R ARROYO \!1Ri COlnS1Ji6$fOD # D0607951 t.o..'''.... &p1res; DEC. 30 201\) NDED l1llW A1'LANrJc BONDlNG'CO..1M" OMS - MCP FORM #4 9 DRUG~FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: S\-\;AL- (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF I=L 10 COUNTY OF /J2() V;:? [) ..e /- 7'-- /d Date PERSONAL~&tEARED BEFORE ME, the undersigned authority, W~-r~'1 ft~ '-'116,. ~ ( -;J;{ {""\ "I , '12;;, J' t', who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this , 200/~ My commission expires: N~~Y PUBUC-STATE OF rLOR1;~,. iW":o HENRY R ARROYO ~ ~ i Commission #DD607951 ~.,.,,,....., Expires: DEC. 3D, 2010 BONDED lllRU Al1ANTIc BONDINGCQ" INe. II BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2010 Bulk Item: Yes l No Division/Department: Airport/County Attorney Staff Contact: Suzanne Hutton. #3473 Pedro Mercado. #3173/Peter Horton # 809-5120 AGENDA ITEM WORDING: Approval of I) a resolution authorizing BOCC acceptance of the Conley property (RE#00065120- 000000) located in Key West from the Monroe County Land Authority and 2) a Grant of Conservation Easement for wetland restoration activities associated with the Runway Safety Area Project at the Key West International Airport. Approval is subject to Land Authority approval 1) to cancel the lease with the City of Key West and 2) of a resolution authorizing the conveyance ofthis property to the BOCC. ITEM BACKGROUND: This item is proposed to protect the natural environment and to assist the County in meeting its permitting requirements for the runway safety area project at Key West International Airport. The subject property consists of a 46-cre parcel immediately north of KWIA in the Salt Ponds area of Key West. The northern portion of the property consists of mangrove vegetation and the southern portion is filled. KWIA staff propose to acquire title and conduct wetland restoration activities on the property as mitigation for wetland impacts resulting from the airports' runway safety area project. These mitigation activities are required by the project's permits from the South Florida Water Management District and the US Army Corps of Engineers. The conservation easement prohibits development activities except for fences and the restoration activities required by the SFWMD and OSACOE permits. PREVIOUS RELEVANT BOCC ACTION: 3/25/1992 BOCC approved lease with City of Key West 3/17/2010 BOCC approved granting a Conservation Easement on the property to SFWMD as required for the runway safety area permit CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: Recording Costs INDIRECT COST: BUDGETED: Yes ~No DIFFERENTIAL OF LOCAL PREFERENCE: NI A COST TO COUNTY: Recording Costs SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty ~ orvrnlPurchasing _ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: Revised 7/09 AGENDA ITEM # RESOLUTION NO. - 2010 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE ACCEPTANCE OF PROPERTY IN THE KEY WEST SALT PONDS AREA (RE #00065120- 000000) FROM THE MONROE COUNTY LAND AUTHORITY AND APPROVAL AND EXECUTION OF THE GRANT OF CONSERVATION EASEMENT ATTACHED HERETO AS EXHBllT A. FOR WETLAND RESTORATION ACTIVITIES ASSOCIATED WITH THE RUNWAY SAFETY AREA PROJECT AT THE KEY WEST INTERNATIONAL AIRPORT. WHEREAS, in 1991 the Monroe County Comprehensive Plan Land Authority (hereinafter "Land Authority" purchased a parcel identified by RE #00065120-000000 in the area known as the Key West Salt Ponds (hereinafter "subject property") for conservation and recreation purposes; and WHEREAS, the legal description ofthe subject property is shown in Exhibit A., attached hereto and made a part hereof; and WHEREAS, prior to Land Authority ownership, the natural condition of the subject property was disturbed by the introduction offill and exotic vegetation; and WHEREAS, the County's Airport staff propose to acquire title and conduct wetland restoration activities on the subject property as mitigation for wetland impacts resulting from the airport's runway safety area project;; and WHEREAS, these mitigation activities are required by the project's permits from the South Florida Water Management District and the U. S. Army Corps of Engineers; and WHEREAS, the Land Authority Advisory Committee considered the proposed conveyance to the Monroe County Board of County Commissioners at a meeting held on March 31,2010 and voted 4/0 to recommend approval; and WHEREAS, on April 21, 2010, the Monroe County Land Authority approved the termination ofa lease held with the City of Key West on the subject property; and WHEREAS, on April 21, 2010, the Monroe County Land Authority approved the conveyance of the subject property to the Monroe County Board of County Commissioners for wetland restoration activities associated with the runway safety area project at Key West International Airport; and WHEREAS, the conveyance of the subject property to the Monroe County Board of County Commissioners is subject to approval and execution of the Grant of Conservation Easement, (attached hereto as Exhibit A. and made a part hereof) by the Monroe County Board of County Commissioners; and Page 1 of2 WHEREAS, the attached Grant of Conservation Easement prohibits development activities on the subject property except for fences and the restoration activities required by South Florida Water Management District and the U. S. Army Corps of Engineers; and WHEREAS, the attached Grant of Conservation Easement was created pursuant to Section 704.06, Florida Statutes, and is to be governed by, construed, and enforced in accordance with that statute along with applicable laws of the State of Florida; now, therefore BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA hereby: 1. Agrees to accept title from the Monroe County Land Authority for the parcel identified by RE #00065120-000000 in the area known as the Key West Salt Ponds and more particularly described in the legal description found in Exhibit A. attached hereto and made a part of this Resolution. 2. Aclmowledges this property is being conveyed/accepted for the purpose of mitigation for wetland impacts that will result from the expansion of the runway safety area on the adjoining property at Key West International Airport and affirms that use of the subject property will be restricted as defined in the Grant of Conservation Easement attached hereto as Exhibit A. and made a part of this Resolution. 3. Authorizes execution by the Monroe County Board of County Commissioners of the Grant of Conservation Easement, attached hereto as Exhibit A. and made a part hereof, as required by the project's permits from the South Florida Water Management District and the U. S. Army Corps of Engineers. 4. Acknowledges that the Grant of Conservation Easement is perpetual, runs with the land, and is binding on all present and subsequent owners and mortgagees of the subject property . PASSED AND ADOPTED by the Board of County Conunissioners of Monroe County, Florida, at a regular meeting of the Board on the 21 st day of April, 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner George Neugent Commissioner Kim Wigington Commissioner Mario Di Gennaro (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor Sylvia Murphy Page 2 of2 COU ~.JTY ftJTORilEY {!"pr:: ~'OVED AS '1 G f-O:dv1: ~.. :~.'..'...:.~.. '~.". .1..... ;, L. "U. -r-I '-"1 \._ .j.)/'f\ ~\ 1\ Lf.\. t r " \'.1 ~\ .'. (p!:'iPTEW!IEY 7J7//0 EXHIBIT i A '8 THIS INSTRUMENT PREPARED BY AND RETURN TO: Larry R. Erskine, Esq. 1200 Truman Avenue, Suite 207 Key West, FL 33040 Property Appraiser's Parcel Identification (Folio) Number: RE #00065120.000000 SPACE ABOVE THIS LINE FOR RECORDING DATA GRANT OF CONSERVATION EASEMENT THIS GRANT OF EASEMENT is made on this day of ,2010, by Monroe County, a political subdivision of the State of Florida, whose address is 500 Whitehead Street, Key West, Florida 33040, Grantor, to Monroe County Comprehensive Plan Land Authority, a land authority under Section 380.0663 (1), Florida Statutes and Monroe County Ordinance No. 031-1986, whose address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040, as Grantee, A) The Grantor is the owner of certain real property (the servient estate) located in Monroe County, Florida, more particularly described in Exhibit A. B) This easement is a conservation easement created pursuant to Section 704.06, Florida Statutes, and is to be governed by, construed, and enforced in accordance with that statute along with applicable laws of the State of Florida, 1. Grant of easement. In consideration for the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt of which is hereby acknowledged, the Grantor hereby grants to Grantee the easement described below. 2. Easement area. The conservation easement granted by this instrument covers the entire property described ;n Exhibit A 3. Restraints imposed by the conservation easement. The conservation easement granted by this instrument allows aU mitigation activities required by South Florida Water Management District Permit No. 44-00149-8 and U.S. Army Corps of Engineers Permit No. 2002-06663 within the easement area. With the exception of said mitigation activities and the construction of fences, the conservation easement granted by this instrument prohibits the following within the easement area: a) Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground. b) Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials. c) Removal or destruction of trees, shrubs, or other vegetation except non-native vegetation whose removal is authorized by the Grantee, d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface, e) Surface use except for purposes that permit the land or water area to remain predominately in its natural condition. Page 1 of 2 f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. g) Acts or uses detrimental to such retention of land or water areas. h) Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties having historical, archaeological, or cultural significance. 5, Terms and persons bound, This conservation easement is perpetual, runs with the land and is binding on all present and subsequent owners and mortgagees of the servient estate. Grantor represents that the mortgagee(s), if any, whose consent is attached hereto, is (are) the only mortgagee(s) having a security interest in the servient estate. 6. Modification of easement. No modification of this easement is binding unless evidenced in writing and signed by an authorized representative of the Grantee. 7. Attorney's fees. In the event of any controversy, claim or dispute arising under this instrument, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including appeals. 8. Entry of Grantee's representative on the servient estate. The Grantee may enter upon the servient estate, after first furnishing the Grantor no less than 24 hours notice, for the purpose of inspection to determine the Grantor's compliance with this Grant of Easement. 9. Limitation on Liability for Personal Injury or Injury to Property. The Grantor waives any rights the Grantor may have to bring a claim against Grantee for personal injury or injury to property that is caused by the negligent action or inaction of Grantee or an employee or agent of Grantee during the course of Grantee's activity related to this Grant of Easement. Grantor holds Grantee harmless from the claims of all persons for actions. inactions, or activities occurring on the servient estate. 10, Notice. Any notice provided for or concerning this grant of easement must be in writing and is sufficiently given when sent by certified or registered mail, or via an equivalent service furnished by a private carrier, to the respective address of each party as set forth at the beginning of this Grant of Easement. IN WITNESS WHEREOF, Grantor grants the Conservation Easement above and executes this instrument on the date first above written, A lTEST: Danny L. Kolhage, Clerk GRANTOR Monroe County Deputy Clerk Sylvia Murphy, Mayor Page 2 of 2 EXHIBIT A Legal Description Commencing at the intersection of the southerly right of way line of Flagler Avenue and the Westerly right of way line (curb line) of Roosevelt Bou1eva~d, bear south 21 degrees, 22 minutes and 29 seconds east for a distance of 460.0 feet to a point, thence bear south 68 degrees, 45 minutes and 40 seconds west along the southerly side of the proposed canal for a distance of 1490.9 feet to the point of beginning of the parcel of land hereinafter . described; from said pOint of beginning continue bearing south 68 degrees, 45 minutes and 40 seconds west for a distance of 900.9 feet to a point, said bearing being on the southerly side of said proposed canal; thence bear south 21 degrees, 14 minutes and 29 seconds east for a distance of 2966.16 feet to a point; thence bear south 88 degrees, 41 minutes, 54 seconds, east for a distance of 974.45~to a point; thence bear north 21 degrees, 14 minutes and 29 seconds west for a distance of 2439.72 feet back to the point of beginning, containing 46.55 acres, on the island of Key West, Florida.