Confidentiality Agreement 08/16/2016AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: September 1, 2016
TO: Roman Gastesi
County Administrator
ATTN.- Lindsey Ballard
Executive Aide
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller Nc-
At the August 17, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item 09 Approval of the Confidentiality Agreement required for State of
Florida Stan Mayfield Working Waterfront Grant Contract.
The Enclosures are not fully executed; it must he signed by Florida Communities Trust and forwarded to the
Clerk for finalization.
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 -295 -3130 Fax: 305 -295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 -289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
DEP Agreement #: S0897
FCT Project No: 08- 001 -WW1
This Confidentiality Agreement ( "Agreement ") is entered into by and between MONROE
COUNTY, FLORIDA, a political subdivision of the State of Florida ( "Recipient ") and the
FLORIDA COMMUNITIES TRUST ( "FCT "), a non - regulatory agency within the Department
of Environmental Protection, and is made with reference to Rule 62- 821.005 of the Florida
Administrative Code (F.A.C.).
1. The Project Site
This Agreement covers all parcels identified as part of the project site in Recipient's FCT
Application 08-001-WWI that were selected for funding and are governed by a Grant
Agreement for FCT Project Number 08- 001 -WW1 ( "Project Site ").
2. Confidentiality
a) Pursuant to Rule 62- 821.002(7), F.A.C., the term "Confidential" refers to
information that shall not be available for public disclosure or inspection and is exempt from the
provisions of Fla. Stat. Section 119.07.
b) The Recipient and its agents shall maintain the confidentiality of appraisals, and
any other reports relating to value, offers, and counteroffers as required by F.A.C. Rule 62-
821.005. Appraisals, and any other reports relating to value, offers and counteroffers are not
available for public disclosure or inspection and are exempt from the provisions of Fla. Stat.
Section 119.07(1) until a Purchase Agreement is executed by the property owners and Recipient
and conditionally accepted by FCT (or if no Purchase Agreement is executed, then as provided in
Fla. Stat. Section 125.355(1)(a) if Recipient is a county, or Fla. Stat. Section 166.045(1)(a) if
Recipient is a municipality). If a Purchase Agreement is not submitted to FCT for approval, the
exemption from Fla. Stat. Section 119.07(1) will expire 30 days after the termination of
negotiations. The date of termination of negotiations may be based on a written statement from a
party to the negotiations that good faith efforts at negotiating a Purchase Agreement have failed
and the party desires to cease negotiations.
C) The Recipient may disclose Confidential information only to the individuals listed
on the disclosure list below.
d) Recipient shall submit any requests to add persons to the disclosure list to the
FCT in writing. Upon the written consent of the Director of Division of State Lands or designee,
the parties may amend this Agreement to include additional persons to the disclosure list. All
confidentiality requirements outlined above shall apply to individuals added to the list.
i
FCT Project #: 08 -001 -WW1
DEP Agreement Number: 50897
8/4/2016
3. Disclosure List /Agreement to be Bound
a) Recipient, and each of the undersigned board members and staff of the Recipient
and its agents, if any, jointly and severally agree to maintain the confidentiality of appraisal
information, offers and counteroffers concerning FCT Project Number 08 -001 -WW1, as required
by F.A.C. Rule 62- 821.005 and this Agreement.
b) Each of the undersigned further certify that they have no legal or beneficial
interest in the Project Site.
Date I Print Name, Title or Position �_. Affix Signature
Roman Gastesi, County Administrator'... — �.
Bob Shillinger, County Attorney
Y 4i Lisa Tennyson, Director of Legislative
Affairs /Grants Acquisition. $
9K-h Mayor Heather Carruthers, District 3� ° �
i
'
Mayor Pro Tern George Neugent, District 2
°° t
Commissioner Danny Kolhage, District 1
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Commissioner David Rice, District 4
i -°
Commissioner Sylvia Murphy, District 5
S" I 1 161
Pedro Mercado Assistant County Attorney°
Rene Rogers, Assistant County Attorney
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Stones, e e
Adl V St S Special Counsel
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1,
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK.
2
FCT Project #: 08- 001 -WW1
DEP Agreement Number: 50897
8/4/2016
WHEREFORE, Recipient and FCT have set their respective hand and seal as of the day and
year set forth below.
MONROE COUNTY, a political
subdivision 4the State of Florida
Print N
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FLORIDA COMMUNITIES TRUST
an
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Print Name: r
As:
(SEAL)
Date: V eAl &
Date: �
PR TC' O[:M
Approved as to form and legality:
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FCT Attorney
Date: 9 120 s (�
FCT Project #: 08- 001 -WW1
DEP Agreement Number: S0897
8/4/2016