04/28/1989 FIRST AMENDMENT TO PRELIMINARY DEVELOPMENT AGREEMENT FOR
REGIONAL SERVICE CENTER, MONROE COUNTY, MARATHON, FLORIDA
This agreement is entered intb between Monroe County,
Florida (Owner), the Department of General Services
(Owner /Developer) and the State of Florida, Department of
Community Affairs (Department) subject to all other
governmental approvals and solely at the risk of the Owners and
the Developer.
WHEREAS, the above -named parties and Jack R. Dykstra
and Jack R. Dykstra, II, have previously entered into a
Preliminary Development Agreement For Regional Service Center,
Monroe County, Marathon, Florida, (hereafter "the PDA "); and
WHEREAS, Jack R. Dykstra and Jack R. Dykstra, II, have
sold to the State of Florida all their interest in land upon
which the Regional Service Center is to be constructed (said
land having been described in Pages 1 -7 of Exhibit A to the
PDA); and
WHEREAS, the Florida Department of Transportation has
quitclaimed its interest in the abandoned roadway on the
property, as contemplated in paragraph 4 of the PDA; and
WHEREAS, there has been allocated additional funding
to increase the size of the development originally proposed in
the PDA; and
WHEREAS, the Department of General Services has been
given the statutory duty and responsibilty to acquire and
implement the State Agency Law Enforcement Radio System
pursuant to Section 282.1095, Florida Statutes; and
WHEREAS, the Department of General Services has been
directed by the Florida Legislature to establish a radio
communications system in the southeast of the state, to
be known as the Pilot Project; and
WHEREAS, the Pilot Project will operate throughout
the Florida Keys, Dade County and eastern Broward County; and
WHEREAS, the successful operation of the Pilot Project
is clearly in the public interest and especially inures to the
benefit of the citizens of southeastern Florida including the
Keys; and
WHEREAS, the original proposal for the Regional
Service Center included construction of a radio tower for use
by state law enforcement agencies; and
WHEREAS, the proposed tower will require certain
support facilities to be located nearby; and
WHEREAS, equipment now located on the Florida Highway
Patrol Tower and on the Florida Marine Patrol Tower in Marathon
will eventually be relocated to the proposed tower and those
two existing towers will be removed; and
WHEREAS, utilization of the proposed tower will
greatly facilitate implementation of the Pilot Project; and
WHEREAS, long lead times for obtaining required
permits from federal agencies necessitate immediate application
being made; and
WHEREAS, the Regional Service Center is currently
undergoing Development of Regional Impact review; and
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WHEREAS, the Pilot Project schedule calls for
utilization of the proposed tower prior to the projected date
of issuance of the Development Order; and
WHEREAS, the PDA authorizes certain activities but
does not address the construction of the tower; and
WHEREAS, the Department of General Services is
desirous of amending the PDA to authorize construction of the
tower and to reflect the change in size of the original
proposal; and
WHEREAS, the other parties are in agreement therewith
NOW THEREFORE, for and in consideration of the mutual
convenants contained herein it is hereby understood and agreed
that:
1. The PDA is amended to include construction of a
radio tower and support facilities as follows:
a. The tower shall be self - supporting and shall not
exceed 270 feet in height.
b. The tower and support facilities shall be
constructed in compliance with the South Florida Building Code
and all other state, federal and local regulations.
c. The Department of General Services shall apply for
and obtain all necessary permits prior to beginning
construction.
d. The tower and support facilities shall be located
as indicated in the attached Preliminary Master Plan,
consistent with local ordinances.
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e. The support facilites shall consist of an
equipment shelter (approximately 20' long x 12' wide x 9'
high), an auxiliary generator, a 5,000 fuel storage
tank, and utility lines as may be required.
f. The Department of General Services may remove
rubbish and exotic plant material from disturbed areas of the
site in order to provide access to the tower and support
facilities.
- g. If required pursuant to D.R.I. review, the
Department of General Services may restore to original
condition the concrete bulkhead.
h. In sum, the construction undertaken pursuant to
this amendment, when considered with other activities already
authorized by the PDA, shall not exceed 25% of any applicable
numerical guideline and standard.
2. The original proposal of 48,600 gross square feet
of office, lab and public assembly space is amended to conform
to the Application for Development Approval, answer to Question
12., wherein a 61,000 square foot office /auditorium and a
second -phase addition of approximately 30,000 square feet are
proposed for ultimate buildout of the project.
3. All other terms and conditions of the PDA remain
in full force and effect and shall apply to any construction
authorized by this amendment.
4. The date of execution of this amendment shall be
the date that the last party signs and acknowledges this
amendment.
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Approved as to form and DEPARTMENT OF GENERAL SERVICES
legality: OWNER /DEVELOPER
BY:
WITNESS EXECUTIVE DIRECTOR
WITNESS
STATE OF FLORIDA
COUNTY OF LEON
•r
The foregoing instrument was acknowledged before me
this day of , 1989, by Ronald W. Thomas,
Executive Director of the Department of General Services, an
agency of the State of Florida, on behalf of the Department.
(impress official seal)
Notary Public, State of Florida
My commission expires:
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Approved as to form and MONROE COUNTY
1 1 7 . 'y: OWNER
ATTEST : D �7/% %
AN1Vy L. AOLHAGE Cle BY :
MAgO i?../aAANi .tn
STATE OF FLORIDA
COUNTY OF MONROE
the foregoi instrument was acknowledged before me
this as day of , 1989, by mCNsatbE1.. A. "Vmo,
o
Chairman of the Board ACounty Commissioners, Monroe Count
on behalf of the Board. County,
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,(impress official seal) �' A 4r
Notary P b ic, '.fate of Florida
My commission expires:
Notary Public, State of Florida
My Commission Expires June 24, 198
Sanded Thru Troy his • Insurance. Inc.
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Approved as to form and DEPARTMENT OF COMMUNITY AFFAIRS
legal sufficiency: DEPARTMENT
BY:
Attorney, Department 2740 Centerview Drive
of Community Affairs Tallahassee, FL 32399
WITNESS
WITNESS
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me
this day of , 1989, by Thomas G. Pelham,
Secretary, Department of Community Affairs, an agency of the
State of Florida, on behalf of the Department.
(impress official seal)
Notary Public, State of Florida
My commission expires:
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