Exchange Agreement 06/09/1999 •
�b�ounrrr�o�
y•4J,yjJM 6.404 6`+4i
U' tAtiRl t
%
1, ...- .r OP
'90E OOUNn*
;113annp IL. 1&ottjage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(30.5)852-7145
FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146
FAX(305)295-3660
MEMORANDUM
To: James T. Hendrick,
County Attorney
Attn: Jan Hotalen AUG 2 3 1999
From: Isabel C. DeSantis,
Deputy Clerk 0. M
Date: August 23, 1999
At the Board of County Commissioner's mgpting held on June 9,
1999, the Board granted approval and authorized execution of an
Exchange Agreement revised by adding the Key West Lions Club
Community Hall Building Corp. as a signatory and requiring that
any sale or lease proceeds from the N. Roosevelt property be used
for charitable medical purposes.
Attached hereto please find two duplicate originals of the
subject document executed by Monroe County- 2nd Party and Key
West Lions Club. Inc. - 1st Party. It is my understanding that
your office will obtain the signature from the Board of Trustees
of the Internal Improvement Trust Fund of the State of Florida,
Division of State Lands Department of Environmental Protection -
3rd Party. Please be sure that a fully executed copy is returned
to this office as quickly as possible.
Should you have any questions concerning the above, please do not
hesitate to contact this office.
cc: County Administrator, w/o doc.
File
•
Project : Florida Keys
Parcel #: Key West Lion Club (Form Revised 02/98)
BLA-104/Cor/Exchange 2
EXCc�HANGE AGREEMENT
9
THIS AGREEMENT is made this / t h day of <DC,n Q 199
between the Key West Lions Club Inc., The Key West Lions Club Community
Hall Building Corporation, a non-profit organization, ("First Party") , whose
address is 2405 North Roosevelt Blvd., Key West, Florida 33040, and Monroe
County, a political subdivision within the State of Florida, ("Second Party")
whose address is 500 Whitehurst Street, Key West, Florida 33040, and the BOARD
OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA
("Third Party") , whose address is 3900 Commonwealth Blvd., Mail Station 115,
Tallahassee, Florida 32399-3000. Third Party's agent- in all m tters shall be
the Division of State Lands of the Florida Department of Environmental
Protection ("DSL") .
WHEREAS, on April 8, 1955, the Board of Trustees of the Internal Improvement
Trust Fund of the State of Florida ("Third Party") , conveyed to Monroe County
("Second Party") the parcel described herein in ("Exhibit B") ; and
WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida granted the deed upon the express condition that the Grantee
or its successor and assigns shall never sell or convey or lease the land
described in "Exhibit B" or any part thereof to any private person, firm or
corporation for any private use or purpose, it being the intention of this
reservation that the said land shall be used solely for public purposes. It
was covenanted and agreed that the above conditions subsequent shall run with
the land and any violation thereof shall render the deed null and void and the
land described in "Exhibit B" shall in such event, revert to the Grantors or
their successors; and
WHEREAS, said deed further provided that Monroe County may convey said property
or any portion thereof to any duly constituted Lion Club provided a clause be
included in said deed that if the land is ever used for other than purposes of
the Lions Club, title will revert to the County and the land shall thereafter
remain subject to the above limitations; and
WHEREAS, On April 22, 1955, Second Party subsequently conveyed the property to
the Key West Lions Club Inc., ("First Party") . First Party wants the Second
Party and the Third Party to release its deed restrictions; and
WHEREAS, Second Party agrees to release the reverter clause as stated in the
above referenced deed of April 22, 1995, and Third Party agrees to release the
reverter clause stated in the above referenced deed dated April 8, 1955, in
exchange for First Party's conveyance of the property described in Exhibit "A",
and in consideration of their mutual promises set out below, the parties agree
as follows:
1. PROPERTY TO BE EXCHANGED. First Party agrees to convey to Third Party
the real property owned by First Party located in Monroe County, Florida, and
more fully described in Exhibit A ("Parcel One") , and Second and Third Parties
agree to release any interests in the real property located in Monroe County,
Florida, and more fully described in Exhibit B ("Parcel Two") .
2.A. ENVIRONMENTAL SITE ASSESSMENT. First Party shall, at its sole cost and
expense and at least 20 days prior to closing, furnish to DSL an environmental
site assessment of Parcel One which meets the standards and requirements of
DSL, unless the environmental site assessment is waived by DSL. It is First
Party's responsibility to ensure that the consultants contact DSL regarding
•
•
11/10/98 8:41 AM
BLA-104
these standards and requirements. First Party shall use the services of
competent, professional consultants with expertise in the environmental site
assessment process to determine the existence and extent, if any, of Hazardous
Materials on Parcel One. For purposes of this Agreement "Hazardous Materials"
shall mean any hazardous or toxic substance, material or waste of any kind or
any other substance which is regulated by any Environmental Law (as hereinafter
defined) . The environmental site assessment shall be certified to Third Party
and the date of certification shall be within 45 days before the date of
closing, unless this 45 day time period is waived by DSL.
First Party may, at its sole cost and expense, obtain an environmental site
assessment of Parcel Two.
2.B. HAZARDOUS MATERIALS. In the event that the environmental site assessment
provided for in paragraph 2,A. confirms the presence of Hazardous Materials on
the Parcel One, either party, at its sole option, may elect to terminate this
Agreement and neither party shall : have any further obligations under this
Agreement. Should neither party elect to terminate this Agreement, First Party
shall, at his sole cost and expense and prior to closing, promptly commence and
diligently pursue any assessment, clean up and monitoring of the Parcel One
necessary to bring Parcel One into full compliance with any and all applicable
federal, state or local laws, statutes, ordinances, rules, regulations or other
governmental restrictions regulating, relating to, or imposing liability or
standards of conduct concerning Hazardous Materials ("Environmental Law") . In
the event that Hazardous Materials placed on Parcel One prior to closing are
discovered after closing, First Party shall remain obligated hereunder, with
such obligation to survive the closing and delivery and recording of the deed
described in paragraph 7. of this Agreement and Third Party's possession of
Parcel One, to diligently pursue and accomplish the clean tip Materials in a manner consistent with all applicable Environmelof Laws Hazardous
doat
First Party's sole cost and expen r!a
se.
Further, in the event that neither party elects to terminate this Agreement as
provided above, First Party shall indemnify and save harmless and defend Third
Party, its officers, servants, agents and employees from and against any and
all claims, suits, actions, damages, liabilities, expenditures or causes of
action of whatsoever kind arising from Hazardous Materials placed on Parcel One
prior to closing whether the Hazardous Materials are discovered prior to or
after closing. First Party shall defend, at his sole cost and expense, any
legal action, claim or proceeding instituted by any person against Third Party
as a result of any claim, suit, or cause of action for injuries to body, life,
limb or property for which Hazardous Materials placed on Parcel One prior to
closing are alleged to be a contributing legal cause. First Party shall save
Third Party harmless from and against all judgments, orders, decrees,
attorney's fees, costs, expenses and liabilities in and about any such claim,
suit, investigation or defense thereof, which may be entered, incurred or
assessed as a result of the foregoing.
The contractual limitation on Seller's contractual obligation to indemnify
Purchaser and clean up the Property as specified in this paragraph 2.B. shall
not be construed to limit Seller's legal liability under any Environmental Law
for Hazardous Materials located on the Property or to limit Purchaser's legal
and equitable remedies against Seller under any Environmental Laws for
Hazardous Materials located on the Property.
3. SURVEY. First Party shall, no later than 30 days prior to closing,
obtain at its sole cost and expense and deliver to DSL a current survey of
Parcel One prepared by a professional surveyor and mapper licensed by the State
of Florida which meets the standards and requirements of DSL ("Survey") , unless
the survey is waived by DSL. It is First Party's responsibility to ensure that
•
the surveyor and mapper contacts the Bureau of Survey and Mapping in DSL
regarding these standards and requirements prior to the commencement of the
Page 2
•
Survey. The Survey of Parcel One shall be certified to the Third Party, and
title insurer and the date of certification shall be within 90 days before the
date of closing, unless waived by the title insurer for purposes of deleting
the standard exceptions for survey matters and easements or claims of easements
not shown by the public records from the owner's title policy and by DSL.
If the Survey for Parcel One shows any encroachment on Parcel One of that
improvements intended to be located on Parcel One encroach on the land of
others, the same shall be treated as a title defect.
First Party may, at its sole cost and expense, obtain a survey of Parcel Two.
4. TITLE INSURANCE. First Party shall, at its sole cost and expense and at
least 30 days prior to closing, furnish to DSL a marketable title insurance
commitment, to be followed, by an owner's marketable title insurance policy
(ALTA Form "B") from a title insurance company, approved by DSL, insuring
marketable title to Parcel One for an amount equal to the value of Parcel One
as set forth in Paragraph 2. First Party shall require that the title insurer
delete the standard exceptions of such policy referring to: (a) all taxes, (b)
unrecorded rights or claims of parties in possession, (c) survey matters, (d)
unrecorded easements or claims of easements, and (e) unrecorded mechanics'
liens.
First Party may, at its sole cost and expense, obtain title insurance for
Parcel Two.
5. DEFECTS IN TITLE. First Party shall, within ninety (90) days after
notice from DSL, cure all defects in title to Parcel One. First Party agrees
to use diligent effort to correct the defects in title within the time provided
therefor, including the bringing of necessary suits. If First Party is
unsuccessful ,in removing the title defects within said time, Third Party shall
have the option to either: (a) accept the title as it then is with no reduction
in the value of Parcel One, (b) extend the amount of time that First Party has
to cure the defects in title, or (c) terminate this Agreement, thereupon
releasing the parties hereto from all further obligations under this Agreement.
6. INTERESTS CONVEYED. At closing, First Party shall execute and deliver to
Third Party a statutory warranty deed in accordance with Section 689.02,
Florida Statutes, conveying marketable title to Parcel One in fee simple free
and clear of all liens, reservations, restrictions, easements, leases,
tenancies and other encumbrances, except for those that are acceptable
encumbrances in the opinion of Third Party and do not impair the marketability
of the title to Parcel One. At closing Third Party shall execute and deliver
to First Party a Trustees Deed to Parcel One thereby releasing any interests it
may have in and to Parcel One. Asi a condition precedent to closing Second
Party shall release its interest in parcel Two by executing a Quit Claim Deed.
•
7. PREPARATION OF CLOSING DOCUMENTS. First Party shall prepare the deed
described in paragraph 7. of this Agreement for Parcel One, Third Party's and
First Party's closing statements and the title, possession and lien affidavit
for Parcel One certified to Third Party and title insurer in accordance with
Section 627.7842, Florida Statutes, and an environmental affidavit for Parcel
One on DSL forms provided by DSL. All prepared documents shall be submitted to
DSL for review and approval at least 30 days prior to closing.
8. DSL'S REVIEW FOR CLOSING. DSL will approve or reject each item required
to be provided by First Party under this Agreement within 30 days after receipt
of all of the required items. First Party will have 30 days thereafter to cure
and resubmit any rejected items. In the event First Party fails to timely
deliver any item, or DSL rejects any item after delivery, Third Party may in
their discretion extend the closing date.
Page 3
9. EXPENSES. First Party will pay the documentary revenue stamp tax and all
other taxes or costs associated with the conveyance of both parcels, including
but not limited to the cost of recording the deeds required by paragraph 7. of
this Agreement and any other recordable instruments which DSL deems necessary
to assure good and marketable title to Parcel One.
10. TAXES AND ASSESSMENTS. All real estate taxes and assessments which are
or which may become a lien against Parcel One shall be satisfied of record by
First Party at closing. In the event Third Party acquires fee title to Parcel
One between January 1 and November 1, First Party shall, in accordance with
Section 196.295, Florida Statutes, place in escrow with the county tax
collector an amount equal to the current taxes prorated to the date of
transfer, based upon the current assessment and millage rates on Parcel One.
In the event Third Party acquires fee title to Parcel One on or after November
1, First Party shall pay t4 the county tax collector an amount equal to the
taxes that are determined to be legally due and payable by the county tax
collector.
11. CLOSING PLACE AND DATE. The closing shall be on or before 150 days after
Third Party's approval of this Agreement; provided, however, that if a defect
exists in the title to Parcel One, title commitment, Survey, environmental site
assessment or any other documents required to be provided or completed and
executed by First Party, the closing shall occur either on the original closing
date or within 60 days after receipt of documentation curing the defects,
whichever is later. The date, time and place of closing shall be set by Third
Party.
12. RISK OF LOSS AND CONDITION OF PARCELS. Each party assumes all risk of
loss or damage to their parcel prior to the date of closing and agrees that
each party's parcel shall be transferred and conveyed to the other party in the
same or essentially the same condition as of the date of execution of this
Agreement, ordinary wear and tear excepted. In the event that between the date
this Agreement is executed by the parties and the date of closing the condition
of either parcel, as it existed on the date this Agreement, is altered by an
act of God or other natural force beyond the control of the parties, the party
who is to receive the altered parcel may elect, at its sole option, to
terminate this Agreement and neither party shall have any further obligations
under this Agreement. First Party represents and warrants that there are no
parties other than the First Party in occupancy or possession of any part of
Parcel One. First Party agrees to clean up and remove all abandoned personal
property, refuse, garbage, junk, rubbish, trash and debris from Parcel One to
the satisfaction of Third Party prior to closing.
13. RIGHT TO ENTER AND POSSESSION. Each party agrees that from the date this
Agreement is executed by the parties, officers, attorneys and duly authorized
agents of each party, upon reasonable notice, shall have at all times the right
and privilege of entering the other party's parcel for all lawful purposes in
connection with the this Agreement. Each party shall deliver possession of
their parcel to the other party at closing.
14. . DEFAULT. If First Party defaults under this Agreement, Third Party 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, each without
waiving any action for damages, or any other remedy permitted by law or in
equity resulting from First Party's default. In connection with any dispute
arising out of this Agreement, including without limitation litigation and
appeals, Third Party will be entitled to recover reasonable attorney's fees and
costs.
Page 4
15. BROKERS. First Party warrants that no persons, firms, corporations or
other entities are entitled to a real estate commission or other fees as a
result of this Agreement or subsequent closing, except as accurately disclosed
on the disclosure statement required in paragraph 8. First Party shall
indemnify and hold Third Party harmless from any and all such claims, whether
disclosedd or AAu��ndisclosed.
116 a.R EC�RDINtacIMT1 Agreement, or notice of it, may be recorded by Third
Party in the appropriate county or counties.
17. ASSIGNMENT. This Agreement may be assigned by Third Party, in which
event Third Party will provide written notice of assignment to First Party.
This Agreement may not be assigned by First Party without the prior written
consent of Third Party.
18. TIME. Time is of essence with regard to all dates or times set forth in
this Agreement.
19. 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.
20. SUCCESSORS IN INTEREST. The terms and conditions of this Agreement shall
apply to and bind First Party, his heirs, successors and assigns upon signing
by First Party and shall be binding upon Third Party upon approval by Third
Party. Whenever used, the singular shall include the plural and one gender
shall include all genders.
21. 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.
22. WAIVER. Failure of Third Party 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.
23. AGREEMENT EFFECTIVE. This Agreement or any modifications, 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.
24. ADDENDUM. Any addendum attached hereto that is signed by the parties
shall be deemed a part of this Agreement.
25 NOTICE. Whenever a party desires or is required to give notice unto the
other, it must be given by written notice, and either delivered personally or
mailed, certified or registered, return receipt requested, 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. Notice is complete upon
receipt of the registered or certified mail or upon personal delivery.
26. SURVIVAL. The covenants, warranties, representations, indemnities and
undertakings of First Party set forth in this Agreement shall survive the
closing, the delivery and recording of the deed described in paragraph 7. of
this Agreement for Parcel One and Third Party's possession of Parcel One.
THIS AGREEMENT IS INITIALLY TRANSMITTED TO FIRST PARTY AS AN OFFER. IF THIS
AGREEMENT IS NOT EXECUTED BY FIRST PARTY ON OR BEFORE NOVEMBER 30, 1998, THIS
OFFER WILL BE VOID UNLESS THIRD PARTY, AT THEIR SOLE OPTION, ELECT TO ACCEPT
Page 5
THIS OFFER. THIS AGREEMENT IS SUBJECT TO: (1) APPROVAL BY THIRD PARTY, (2)
CONFIRMATION THAT THE VALUE OF PARCEL ONE AS STATED IN PARAGRAPH 2. IS NOT IN
EXCESS OF THE DSL APPROVED VALUE OF PARCEL ONE, AND (3) IN ADDITION TO EACH AND
EVERY ONE OF THE COVENANTS, CONDITIONS, REQUIREMENTS, AND RESPONSIBILITIES
CONTAINED HEREIN TO WHICH THIS AGREEMENT IS SUBJECT, THIS AGREEMENT IS ALSO
SUBJECT TO DSL'S APPROVAL OF ALL DOCUMENTS TO BE FURNISHED HEREUNDER BY FIRST
PARTY. THE STATE OF FLORIDA'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS
CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE FLORIDA LEGISLATURE.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
FIRST PARTY,
` K 0
40-g' `, By:
fitness o F. y! Pre n
per_ict,t,t__ ti.4) . cla ecuri y or F.E.I. No.
Witness as to First Party �7, �j f
Date signed by/Firs!'t► Party
(Corporate Seal)
SECOND PARTY
MONROE COUNTY, a political
subdivision within the State
of Florida
•
Witness as to Second Party
iP airman or Vice Chairman
.41
Witness as t Second Party �^
. 1 i °a
"County C erk
Date l 7 9
•
AND O cD AS TO FOR
8 FNo M
DATEER N. W
ATE - 57 •
Page 6
THIRD PARTY
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE
STATE OF FLORIDA
Witness as to Third Party PERCY W. MALLISON, Jr., DIRECTOR
DIVISION OF STATE LANDS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Witness as to Third Part ' as agent for and on behalf of the
y Board of Trustees of the Internal
Improvement Trust Fund of the
State of Florida
Approved as to Form and Legality
By:
Date: Date signed by Third Party
TH KEY WEST LIONS CLUB COMMUNIT
HA BU CORPO ATION
By:
GO / 11�L cSs' Pr si t
Social Security oror F.E.I. No.
qg
D e signed by party
(Corporate Seal)
Page 7
•
STATE OF c:'flftDA
COUNTY OF fY �r Yam. )
The foregoing instrument was acknowledged before me this
day of
, 199 , by rncstc C-f)he`n , as President of the Key
West ions Club, Inc., a Florida corporation, on behalf of the corporation.
Such person(s)/(Notary Public must check applicable box) :
[ ✓] is/are personally known to me.
[ ] produced a current driver license(s) .
[ ] produced as identification.
(NOTARY PUBLIC SEAL) n
lacy -Public
��1, ��ppv,'rr
(Prin`ted l y ,1?YV(Q
yped or Stamped Name of
Notary Public)
Commission No. :
My Commission Expires:
, c MICHELLE MARPLE
_.. �!� ;.: MY COMMISSION#CC 624824
°• EXPIRES:February 26,2001
.......... Bonded Thru Notary Public Underwriters f.
k
•
Page 8
•
STATE OF civr •o(a )
COUNTY OF /c�'ao roe. )
The foregoin inst umerr}}t was acknowledged before this?3���c.Jc cis 7`' , 1991, by Li/he./ini r)a 4' rve day of
the Board of County Commissioners of Monroe Coufit , as hat or Vice Chairn of
the State of Florida. Such person(s) y' a political subdivision of
box) : ! P ( ) (Notary Public must check applicable
[✓1 is/are personally known to me.
[ ] produced a current driver license(s) .
[ ] produced as identification.
(NOTARY PUBLIC SEAL)
Notary Public
5 -/ C . riZi/
(Printed, Typed or Stamped Name of
Notary Public)
Air.,: ''. ISABEL C.DE S
Commission No. : ',:, CC
MY COMMISSION#CC 850213EXPIRES:June 28,2003
My Commission Expires `e.b ' Bonded Thru Notary Public Linde:miters
STATE OF FLORIDA )
COUNTY OF LEON )
The foregoing instrument was acknowledged before me this
ay of
, 199 , by PERCY W. MALLISON, Jr., Director, Division ofdState
Lands, Department of Environmental Protection, as agent for and on behalf of
the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida. She is personally known to me.
(NOTARY PUBLIC)
SEAL
Notary Public
(Printed, Typed or Stamped Name of
Notary Public)
Commission No. :
My Commission Expires:
Page 9
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 28th day of July, 1999,by JOE
ALLEN as President of the Key West Lions Club Community Hall Building Corporation, Inc., a
Florida Corporation, on behalf of the corporation. Such person(s) Public must check applicable
box):
Pi-is/are personally known to me.
[ ] produced a current driver license (s).
[ ] produced as identification.
(NOTARY PUBLIC SEAL)
Not ubic
4,, \Joseph B Allen,Ill
* *My emission CC834144
%note Expires May 6,2003
(Printed, Typed or Stamped Name of
Notary Public)
Commission No.:
My Commission Expires:
EXHIBIT f6A"
The Westerly 150 feet of Government Lot 4, Section 18, Township 67 South,
Range 27 East, Monroe County, Florida.
•
•
1p
•
•
•
Page 10
•
Saddlebunch Key
Monroe County
Keys Development Corp
EXHIBIT "B"
A parcel of submerged land in Florida Bay more particularly described as
follows:
Beginning at the intersection of the North property line of Hilton Haven
Subdivision and the Northwesterly R/W line of Roosevelt Boulevard, run
Northeasterly along aforementioned R/W line of Roosevelt Boulevard a distance
of 60 feet; thence at right angles in a Northwesterly direction 350 feet; thence at
•
right angles in a Southwesterly direction 60 feet; thence at right angles in a
Southeasterly direction 350 feet back to the Point Of Beginning, lying and being
in Section 33, Township 67 South, Range 25 East, Monroe County, Florida.
r \ I
1., "22411 ...f*
I DA
•
1� I
Key west Parcel
Keys�
Corp Page 11
•
EXCHANGE AGREEMENT
(continued)
15a. Key West Lions Club, Inc. and The Key West Lions' Club Community Hall Building
Corp. must use any proceeds received from a subsequent sale or lease of the parcel 2 for
charitable medical purposes only. -This paragraph will survive the exchange and
recording of deeds and may not be extinguished thereby.
•
BOARD OF COUNTY COMMISSIONERS
-- -�= MAYOR,Keith Douglass,District 4
COUNTY of M 0 N R 0 Mayor Pro Tem,Jack London,District 2
KEY WEST FLORIDA 33040 �;! 6\=4:
� , • Wilhelmina Harvey,District 1
c i 4 Shirley Freeman,District 3
Ibti :_+ i .,� Mary Kay Reich,District 5
County Attorney �,''� �° �t �;'•..;
502 Whitehead Street
Third Floor .
Key West, FL 33040
f)!-
(305)292-3470
August 30, 1999
Eva Armstrong, Director
Division of State Lands
Department of Environmental Protection
3900 Commonwealth Blvd.
Mail Station 100
Tallahassee, FL 32399-3000
RE: Exchange Agreement between Key West Lions Club, Monroe County, and
the Board of Trustees of the Internal Improvement Trust Fund.
Dear Ms. Armstrong:
Enclosed please find two duplicate originals of the above-referenced
Agreement, which was approved at the County Commission meeting of June 9,
1999.
Please have the proper parties sign both agreements, retain one for your records
and return one to this office as soon as possible.
Your assistance in this matter is sincerely appreciated and if you have any
questions, please feel free to contact me.
Sincerely,
R•BN. W/E
Chief Assistant County Attorney
RNW/jeh
Enclosures
DIV. OF STATE LANDS Fax:850-922-6009 Mar 2 2000 11:02 P.01
•
_�.1+ w �!. Department of
�,kitf.' r ; tl - k Environmental. Protection
,,: .,,,x..,., ,,,,;,:,
' Jeb Bush • • David B.Scrubs
Governor Secretary
•
January 7,2000
Post-it Fax Note 7671 tau 3/z.�ao,� ►/•
Mr. Joseph B.Allen,YI cr, —Z.r.,F/ From � 4.f •
Allen and Goldman,P.A. coJDear. J O. ,.,y 27 IS-
411 Fleming Street Phone# Phone#
Key West,Florida 33040 Fax# Fax# •
•• • Dear Mx.Allen:
•
Re: Exchange Agreement between Key West Lions Club and the Board of Trustees .
Government Lot 4,Section 18,Township 67 South,Range 27 East,Monroe
•
County
The Bureau of Survey and Mapping was asked to review the states interest in those lands
described as the"Westerly 150 feet of the Government Lot 4,Section 18,Township 67
South,Range 27 East,containing 2 acres,more or less." Upon our review,we found no
private submerged land conveyances in this area. Therefore,the state would assert
ownership to all lands that lie below the mean high water line.Although we have not •
performed a formal survey of mean high water,our site visit indicated that a large portion
of the described parcel lies below mean high water.A mean high water line survey is
needed in order to calculate the area of the parcel. Please contact Scott Woolam at (850)
488-8123 if you need a list of professional surveyors/mappers in the area who can .
perform the survey. If you have additional lands to consider for the exchange contact
Dale Adams at 850-488-2725.
Sincerely, 3)14= 11.________
. 141 kg
Terry E.Wilkinson,Chief
Bureau of Survey and Mapping
Division of State Lands
TEW/sew
CC: Scott E.Woolam
•
Dale Adams
• Debra PopmpmDel) -
`t'rutect, Conserve and Manage Horido's Environment and Natural Resources"
Pointed on recycled paper.