Item C02 C.2
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
�p.° Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
January 22, 2020
Agenda Item Number: C.2
Agenda Item Summary #6314
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Breanne Erickson (305) 292-4427
n/a
AGENDA ITEM WORDING: Approval of a Grant Agreement with the State of Florida,
Department of State, Division of Historical Resources (DHR) in the amount of $247,275.00 and
Restrictive Covenants for the repairs to the Monroe County Historic Jail at Jackson Square. This
grant requires a 50% match and the County's matching funding will be provided by a TDC grant.
ITEM BACKGROUND: The County is in the process of converting the old Monroe County Jail
located in Jackson Square into a public museum. BOCC approved submission of a grant application
to the State of Florida, Division of Historical Resources (DHR) in the amount of$500,000.00 with a
50% County match in April 2018 (i.e. Grant pays $250,000 and County pays $250,000). The grant
was approved, but at a slightly reduced amount and shall be for $247,275.00 with the County
matching that amount. The County match will come from a $1.2 million TDC grant. The grant
requires that certain Restrictive Covenants be recorded as to the property for a period of ten (10)
years as a condition of the grant.
PREVIOUS RELEVANT BOCC ACTION:
4/19/18 - BOCC approved submission of a grant with the DHR in the amount of$500,000.00 with
50% County match.
6/14/19 - BOCC approved a Task Order with Bender & Associates Architects to create Phase I
construction documents for the Historic Jail museum project.
8/21/19 — BOCC approved a Resolution affirming its support of developing the Historic Jail into a
museum.
10/16/19 — BOCC approved an Amendment to the Task Order with Bender & Associates which
added an environmental assessment.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of Grant Agreement and Restrictive Covenants
document.
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DOCUMENTATION:
Grant Agreement between State Monroe County (final legal stamped)
Restrive Covenants with Exhibit A legal description legal stamped
FINANCIAL IMPACT:
Effective Date: 07/01/2019
Expiration Date: 06/30/2021
Total Dollar Value of Contract: $247,275.00
Total Cost to County: $247,275.00 (in matching funds from a TDC grant)
Current Year Portion: $247,275.00
Budgeted: yes
Source of Funds: 117-77040-530340-TM97362Y-530340
CPI:
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: If yes, amount:
Grant: DHR grant with matching County funds coming from TDC grant
County Match: Yyes (with TDC grant)
Insurance Required: n/a
Additional Details:
Grant of$247,275.00
10/16/19 117-77040 - TDC BRICKS & MORTAR 117 $6,500.00
increase to funded Task Order
REVIEWED BY:
Cary Knight Completed 01/07/2020 4:40 PM
Patricia Eables Completed 01/07/2020 5:04 PM
Budget and Finance Completed 01/07/2020 5:06 PM
Maria Slavik Completed 01/08/2020 8:43 AM
Kathy Peters Completed 01/08/2020 9:56 AM
Board of County Commissioners Pending 01/22/2020 9:00 AM
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AGREEMENT BETWEEN
.
THE STATE OF FLORIDA, DEPARTMENT OF STATE
AND
Monroe County Board of County Commissioners
20.h.sc.100.022
This Agreement is by and between the State of Florida, Department of State,Division of Historical Resources hereinafter
referred to as the"Division,"and the Monroe County Board of County Commissioners hereinafter referred to as the
"Grantee."
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The Grantee has been awarded a Special Category Grant by the Division, grant number 20.h.sc.100.022 for the Project >
"Monroe County Historic Jail,"in the amount of$247,275 ("Grant Award Amount'). The Division enters into this
Agreement pursuant to Line Item 3174, contained in the 2020 General Appropriations Act, SB 2500, Laws of
Florida. The Division has the authority to administer this grant in accordance with Section 267.0617,Florida Statutes.
In consideration of the mutual covenants and promises contained herein, the parties agree as follows: CL
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1. Grant Purpose. This grant shall be used exclusively for the"Monroe County Historic Jail,"the public purpose
for which these funds were appropriated. @
a) The Grantee shall perform the following Scope of Work:
Grant funds will be used for the restoration of the Monroe County Historic Jail in Key West. Grant fund
will be used to restore/replace the roof, including wooden sheathing, gutters, and downspouts;and to U
restore/replace three(3)metal doors and thirty-four(34)wooden double-hung windows, including metal
bars on windows. Grant funds will also be used for architecturallengineering services;an environmental
assessment; and hazardous material abatement.
All tasks associated with the Project shall meet the requirements set forth in this agreement.
b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the
Scope of Work for payments to be awarded,
. „ ,,... ......, , . ...... ... ...... ,,.....
Payment Payment ''. 0
# Type Deliverable Description Documentation Amount
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.hhhhhhhhhh....n.hhhhhhh��hhh����....hhh �.....s ,,,,,_,_,_,_, ,,............ �
1 Fixed The performance measure documenting satisfactory A completed $74,182
Price completion of Deliverables will be a completed Application and L.
Application and Certificate for Payment(AIA Certificate for Payment A
Document G702)and Schedule of Contract Values (AIA Document G702)
(AIA Document G703), or its equivalent, showing at and Schedule of
least 30 percent of the project completed. Contract Values (AIA
Document G703), or its '
equivalent, showing at
least 30 percent of the 0
project completed.
2 Fixed The performance measure documenting satisfactory ; A completed (y$74,182 o
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Price completion of Deliverables will be a completed Application and
Application and Certificate for Payment(AIA Certificate for Payment f CL
Document G702)and Schedule of Contract Values (AIA Document G702) �
(AIA Document G703), or its equivalent, showing at and Schedule of
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least 60 percent of the project completed. Contract Values (AIA
Document G703), or its CL
equivalent, showing at
least 60 percent of the U)
r project completed.
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3 Fixed The performance measure documenting satisfactory '� A completed $98,911
Price completion of Deliverables will be a completed i Application and
Application and Certificate for Payment(AIA Certificate for Payment
Document G702)and Schedule of Contract Values j (AIA Document G702)
(AIA Document G703), or its equivalent, showing and Schedule of o
100 percent of the Project completed, including all Contract Values (AIA
retainage amounts paid. The performance measure Document G703), or its
documenting satisfactory completion of equivalent, showing 100
Deliverables will also be submission and acceptance percent of the Project
of a Final Project Progress Report that certifies that completed, including all
all project grant funds and required match have been retainage amounts paid; cis
expended in the way here agreed upon and the a Final Project Progress
Project has been closed out. In addition, a Single Report; a Single Audit
Audit Form and new/updated Florida Master Site Form; and a
File form for the property/site shall be completed by new/updated Florida
the Grantee and submitted along with the Final Master Site File form
Progress Report prior to final payment. for the property/site
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Totals $247,275
................ .... ... __.rv. .,.,U
d) The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to
accomplish the Grantee's Scope of Work and Deliverables outlined in the Agreement. The Budget provides
details of how grant and match funds will be spent. All expenditures shall be in accordance with this budget
(which is incorporated as part of this Agreement and entitled Attachment A)and must be incurred during
the term of this Agreement, as stated in Section 2 of this Agreement.
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2. Length of Agreement. This Agreement shall begin on 07/01/19 and shall end 06/30/21, unless terminated in
accordance with the provisions of Section 33 of this Agreement. Contract extensions will not be granted unless 2-
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Grantee is able to provide substantial written justification and the Division approves such extension. The Grantee's
written request for such extension must be submitted to the Division no later than thirty(30)days prior to the M
termination date of this Agreement and no amendment will be valid until a written amendment is signed by both 0
parties as required in Section 7 and Section 15 of this Agreement.
3. Contract Administration. The parties are legally bound by the requirements of this Agreement. Each parry's
contract manager, named below, will be responsible for monitoring its performance under this Agreement, and will
be the official contact for each party. Any notice(s)or other communications in regard to this agreement shall be
directed to or delivered to the other parry's contract manager by utilizing the information below. Any change in the
contact information below shall be submitted in writing to the contract manager within 10 days of the change.
For the Division of Historical Resources:
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Drew Begley CL
Florida Department of State .�
R.A. Gray Building
500 South Bronough Street CL
Tallahassee, FL 32399 E
Phone.850.245.6466 U)
Email:drew.beglcy@dos.myflorida.com
For the Grantee:
Contact:Breanne Erickson
Address: 1100 Simonton St. Room 2-216 Key West Florida 33040
Phone:305.292.4427
Email:Erickson-Breanne@MonroeCounty-FL.Gov 0
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4. Grant Payments. All grant payments are requested online via www,dosgrants.com by submitting a payment
request with documentation that the deliverable has been completed and documentation evidencing all expenses
incurred in achieving the completion of the deliverable. The total grant award shall not exceed the Grant Award
Amount, which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth
by the terms and conditions of this Agreement. The grant payment schedule is outlined below:
a) All payments will be made in the amounts identified with the Deliverables in Section 1 of this agreement
b) All payments will be made in accordance with the completion of those Deliverables.
5. Electronic Payments. The Grantee can choose to use electronic funds transfer(EFT)to receive grant payments.
All grantees wishing to receive their award through electronic funds transfer must submit a Direct Deposit
Authorization form to the Florida Department of Financial Services. if EFT has already been set up for the
organization, the Grantee does not need to submit another authorization form unless the organization has changed
bank accounts.The authorization form is accessible at htll?Jhvww.tiayFloridacfo.comMivision/A /(=arms/DFS-
where information pertaining to payment status is also available.
6. Florida Substitute Form 9.A completed Substitute Form W-9 is required from any entity that receives a
payment from the State of Florida that may be subject to 1099 reporting, Tile Department of Financial Services
............. ... ..._... .
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(DFS)must have the correct Taxpayer Identification Number(TIN)and other related information in order to
report accurate tax information to the Internal Revenue Service(IRS). To register or access a Florida Substitute 2
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Form W-9 visit hops.//fjvendor.m,yfloridacfo.com/. A copy of the Grantee's Florida Substitute Form W-9
must be submitted to the Division,as required,in advance of or with the executed Agreement. Mn
7. Amendment to Agreement.Either party may request modification of the provisions of this Agreement by
contacting the Division to request an Amendment to the Contract. Changes which are agreed upon shall be
valid only when in writing,signed by each of the parties, and attached to the original of this Agreement..,
If changes are implemented without the Division's written approval, the organization is subject to noncompliance, CD
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and the grant award is subject to reduction,partial, or complete refund to the State of Florida and termination of
this agreement.
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8. Financial Consequences. The Department shall apply the following financial consequences for failure to >
perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and
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287.058,Florida Statutes. CL
a) Any advanced funds will be returned to the State of Florida if unexpended within the first 3 months of
disbursement. CL
b) Payments will be withheld for failure to complete services as identified in the Scope of Work and
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Deliverables,provide documentation that the deliverable has been completed, or demonstrate the
appropriate use of state funds.
c) If the grantee has spent less than the Grant Award Amount in state funds to complete the Scope of Work,
the final payment will be reduced by an amount equal to the difference between spent state dollars and the
Grant Award Amount.
d) The Division may reduce individual payments by 10°u if the completed Deliverable does not meet the
Secretary of the Interior's Standards and Guidelines or other industry standards applicable to the project,
The Division shall reduce total grant funding for the Project in direct proportion to match contributions not met by
the end of the grant period. This reduction shall be calculated by dividing the actual match amount by the required
match amount indicated in the Agreement and multiplying the product by the Grant Award Amount indicated in the
Agreement. Pursuant to Section 17, Grantee shall refund to the Division any excess funds paid out prior to a
reduction of total grant funding.
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9. Additional Special Conditions.
Development Projects
a) All project work must be in compliance with the Secretary of the Interior's Standards and Guidelines
available online at mvw.nps.gov/(ps/standtrds.litiyj.
b) The Grantee shall provide photographic documentation of the restoration activity. Guidelines regarding the
photographic documentation are available online atliUs:�l/dos.myflofida.colloi�gtoricaVgrints/`spgcjaL-
catego"Imnts/
c) Architectural Services
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a) All projects shall require contracting for architecturallengineering services.
b) The Grantee may request a waiver of this requirement from the Division if they believe that the
architectural/engineering services are not needed for the Project. The Division shall make a M
recommendation to the Grantee after review of the proposed work. 0
d) Architectural Documents and Construction Contracts
The Grantee shall submit the architectural services contract to the Department for review and approval prior
to final execution. In addition, pursuant to Section 267.031(5)(i), Florida Statutes, the Grantee shall submit CD
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architectural planning documents to the Department for review and approval at the following stages of
development:
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a) Upon completion of schematic design;
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b) Upon completion of design development and outline specifications;and CL
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c) Upon completion of 100%construction documents and project manual, prior to execution of the
construction contract. �
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e) For the construction phase of the Project, in addition to the review submissions indicated above, a copy of
the construction contract must be submitted to the Department for review and approval prior to final U)
execution. Department review and approval of said contracts shall not be construed as acceptance by or cm
imposition upon the Department of any financial liability in connection with said contracts.
f) For projects involving ground disturbance(examples include:historic building or structure relocation,
grading and site work, installation of sewer and water lines, subgrade foundation repairs or damp proofing,
construction of new foundations and installation of landscape materials), the Grantee shall ensure that the
following requirements are included in all contracts for architectural and engineering services:
a) Ground disturbance around historic buildings or elsewhere on the site shall be minimized, thus
reducing the possibility of damage to or destruction of significant archaeological resources.
b) If an archaeological investigation of the Project site has not been completed, the architect or engineer
shall contact the Department for assistance in determining the actions necessary to evaluate the
potential for adverse effects of the ground disturbing activities on significant archaeological
resources.
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c) Significant archaeological resources shall be protected and preserved in place whenever possible..
Heavy machinery shall not be allowed in areas where significant archaeological resources may be
disturbed or damaged.
d When reservation of significant archaeological resources in lace is not feasible a mitigation plan
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shall be developed in consultation with and approved by the Department's Compliance Review
Section(contact information available online at www.flheritag(.com). The mitigation plan shall be
implemented under the direction of an archaeologist meeting the Secretary of the lrnteriors'
Professional Qualification Standards for Archaeology,
e) Documentation of archaeological investigation and required mitigation actions shall be submitted to
the Compliance Review Section for review and approval, This documentation shall conform to the
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Secretary of the Interior's Standards for Archaeological Documentation, and the reporting
standards of the Compliance Review Section set forth in Chapter IA-46, Florida Administrative 2
Code.
10. Credit Line(s)to Acknowledge Grant Funding. Pursuant to Section 286.25,Florida Statutes, in publicizing,
advertising,or describing the sponsorship of the program the Grantee shall include the following statement:
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a) "This project is sponsored in part by the Department of State, Division of Historical Resources and the
State of Florida."Any variation in this language must receive prior approval in writing by the Division.
b) All site-specific projects must include a Project identification sign, with the aforementioned language, that
must be placed on site. The cost of preparation and erection of the Project identification sign are allowable
project costs. Routine maintenance costs of Project signs are not allowable project costs. A photograph of o
the aforementioned sign must be submitted to the Division as soon as it is erected.
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11. Encumbrance of Funds. The Grantee shall execute a binding contract for at least a part of the Scope of Work
by September 30, except as allowed below. .�
a) Extension of Encumbrance Deadline:The encumbrance deadline indicated above may be extended by CL
written approval of the Division. To be eligible for this extension,the Grantee must demonstrate to the
Division that encumbrance of grant funding and the required match by binding contract(s) is achievable by U)
the end of the requested extended encumbrance period. The Grantee's written request for extension of the 0
encumbrance deadline must be submitted to the Department no later than fifteen(15)days prior to the 2
encumbrance deadline indicated above.The maximum extension of the encumbrance period shall be sixty
(60)days.
b) Encumbrance Deadline Exception:For projects not involving contract services the Grantee and the
Department shall consult on a case-by-case basis to develop an acceptable encumbrance schedule.
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12. Grant Reporting Requirements. The Grantee must subnvt the following reports to the Division. All reports
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shall document the completion of any deliverables/'tasks, expenses and activities that occurred during that
reporting period. All reports on grant progress will be submitted online via�yy+y{.dosgrants.com.
a) First Project Progress Report is due by October 31, for the period ending September 30(first year of
the Grant Period).
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b) Second Project Progress Report is due by January 31, for the period ending December 31 (first year of
the Grant Period).
c) Third Project Progress Report is due by April 30, for the period ending March 31 (first year of the Grant
Period).
d) Fourth Project Progress Report is due by July 31, for the period ending June 30(first year of the Grant
Period).
e) Fifth Project Progress Report is due by October 31, for the period ending September 30(second year of
the Grant Period).
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fl Sixth Project Progress Report is due by January 31, for the period ending December 31 (second year of
the Grant Period). .2-
g) Seventh Project Progress Report is due by April 30, for the period ending March 31 (second year of the 0
Grant Period).
h) Final Report. The Grantee must submit a Final Report to the Division within one month of the Grant
Period End Date set forth in Section 2 above.
13. Matching Funds.The Grantee is required to provide a 100% match of the Grant Award Amount. Of the required
match, a minimum of 25%must be cash on hand. The remaining match may include in-kind services, volunteer
labor, donated materials,and additional cash. For projects located in Rural Economic Development Initiative
(REDI)counties or communities that have been designated in accordance with Sections 288.0656 and 288.06561,
Florida Statutes, Grantees may request a reduction of the match amount. The Grantee must submit documentation >
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that the minimum match requirements have been met and provide to the Division documentation evidencing CL
expenses incurred to comply with this requirement. CL
14. Grant Completion Deadline. The grant completion deadline is the end date of this Agreement set forth in
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Section 2 above. The Grant Completion Deadline is the date when all grant and matching funds have been paid out
and expended in accordance with the work described in the Scope of Work,detailed in the Estimated Project
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Budget. If the Grantee finds it necessary to request an extension of the Grant Completion Deadline,an
Amendment to the Agreement must be executed as per Section 7, and the stipulations in Section 15 must be met.
15. Extension of the Grant Completion Deadline.An extension of the completion date must be requested at least
thirty(30)days prior to the end of the Grant Period and may not exceed 120 days, unless the Grantee can clearly
demonstrate extenuating circumstances. An extenuating circumstance is one that is beyond the control of the
Grantee, and one that prevents timely completion of the Project such as a natural disaster,death or serious illness
of the individual responsible for the completion of the Project, litigation related to the Project, or failure of the 0
contractor or architect to provide the services for which they were contracted to provide. An extenuating
circumstance does not include failure to read or understand the administrative requirements of a grant or failure to
raise sufficient matching funds. Changes to the original completion deadline shall be valid only when requested in
writing, approved by the Division, and an Amendment to the Agreement has been executed by both parties and
attached to the original of this Agreement. cis
16. Non-allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this 3
agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in
compliance with the state guidelines for allowable Project costs as outlined in the Department of Financial
Services' Reference Guide for State Expenditures (revised 31012011), which arc incorporated by reference and
are available online at httpJ/www.myflondacfo.com/aadirtreferencc,,,,guidcl. The following categories of
expenditures are non-allowable for expenditure of grant funds and as contributions to required match:
a) Expenditures for work not included in the Scope of Work of the executed Grant Award Agreement;
b) Costs of goods and services not procured in accordance with procurement procedures set forth in the
Grant Award Agreement and Chapter 287 of the Florida Statutes;
c) Expenses incurred or obligated prior to or after the Grant Period, as indicated in the Grant Award
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Agreement;
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d) Expenses associated with lobbying or attempting to influence Federal, State, or local legislation, the judicial
branch, or any state agency; A
e) Expenditures for work not consistent with the applicable historic preservation standards as outlined in the
Secretary of the Interior's Guidelines available at www.nps.gov/tps,,standards/treatment-guideUnes-
2017.pdf, standards available at http://www.nps.govltpslstandards.htm and nps.gov/histary/local-
law/arch stndsw0.htm or applicable industry standards;
f) Costs for projects having as their primary purpose the fulfillment of Federal or State historic preservation
regulatory requirements, specifically, costs of consultation and mitigation measures required under Section
106 of the National Historic Preservation Act of 1966, as amended, or under Section 267.031, F.S.;
g) Projects directed at activities or Historic Properties that are restricted to private or exclusive participation or
access, which shall include restricting access on the basis of sex, race, color, religion,national origin, CL
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disability, age, pregnancy, handicap, or marital status;
h) Entertainment, food, beverages, plaques, awards, or gifts;
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i) Costs or value of donations or In-kind Contributions not documented in accordance with the provisions of
the Grant Award Agreement; U)
j) Indirect costs including Grantee overhead, management expenses, general operating costs and other costs
that are not readily identifiable as expenditures for the materials and services required to complete the work
identified in the Scope of Work in the Grant Award Agreement. Examples of indirect costs include:
rent/mortgage, utilities,janitorial services, insurance, accounting, internet service, monthly expenses
associated to security systems, non-grant related administrative and clerical staffing,marketing, and
fundraising activities; o
k) Administrative expenditures such as expenditures that are directly attributable to management of the grant
assisted Project and meeting the reporting and associated requirements of the Grant Award Agreement,
whether grant expenditures or match contributions, which in aggregate exceed 5%of the grant award
amount;
1) Grantee operational support(i.e., organization salaries not directly related to grant activities;travel
expenditures;per diem;or supplies);
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m) Insurance costs (Exception:costs for builder's risk, workers' compensation and contractor's liability
insurance;
n) Capital improvements to non-historic properties or non-historic additions to a Historic Property(Exception: 0
pre-approved items of work for Museum Exhibit projects);
o) Capital improvements to the interior of Religious Properties (Exception:repairs to elements of the structural
system. Examples include: foundation repairs, repairs to columns, load bearing wall framing roof framing,
masonry repairs, and window and exterior door repairs and restoration practices associated with the
building envelope);
p) Accessibility improvements for Religious Properties; ca
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q) Vehicular circulation(drives/driveways)within the property or from the property to surrounding streets and
parking(Exception:provision of code-required handicapped parking pad(s)); 2
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r) Sidewalks,paths, walkways, landscape features and accessories,planting, irrigation systems and site 0
lighting(Exceptions:sidewalk required to link the code-required handicapped parking pad(s)to the
accessble entry;planting/sodding required to halt documented erosion;pruning, removal,or relocation of
trees posing an immediate threat to the historic or archaeological resource; and limited site lighting required
for security, all if approved by the Division)
s) Fences and gates (Exception:restoration or in-kind replacement of damaged or missing historic fences, 0
gates, or sections of these);
t) Furniture and Equipment. (a)Expenditures for fumiture and equipment including but not limited to:desks,
tables, seating, rugs and mats, artwork and decorations, window treatments,computers, cameras,printers,
scanners, appliances, case goods (including cabinets, countertops, or bookshelves), new or replacement
casework, systems' furniture, portable lighting fixtures,portable sound or projection systems, specialty CL
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fixtures and equipment, visual display units, total stations, movable partitions, and acoustical treatments and
components, unless specific prior approval has been granted by the Division(Exception:museum display
units necessary for approved Museum Exhibit projects). (b) If special equipment is required for completion 0
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of the Project, it shall be rented for the grant term unless it can be shown that acquiring the equipment is
cheaper than renting the equipment and approval has been provided by the Division as part of the
documentation presented at the time of application. If the value of spacial equipment is to be used as a @
match contribution, the value of the match contribution shall be limited to the cost of rental for the Grant as
Period at the market rate for such rental in the region; 2
u) Costs associated with attending or hosting conferences, summits, workshops,or presentations; and
v) Travel expenditures, including those of personnel responsible for items of work approved by the Division,
administrative personnel,contracted or subcontracted employees, either for purposes of work on-site or t3
research aft site.
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I7. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida
Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been 2
advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled
under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may
expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. 0
Expenditures of state financial assistance must be in compliance with the laws, rules, and regulations applicable to
expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures.
18. Repayment All refunds or repayments to be made to the Department under this Agreement are to be made E
payable to the order of the"Department of State'and mailed directly to the following address:Florida Department
of State, Attention'Grants Program Supervisor, Division of Historical Resources, 500 South Bronough Street
Tallahassee, FL 32399. In accordance with Section 215.34(2),Florida Statutes, if a check or other draft is
returned to the Department for collection, Grantee shall pay to the Department a service fee of$15.00 or five
percent(5%)of the face amount of the returned check or draft, whichever is greater.
19. Single Audit Act. Each Grantee, other than a Grantee that is a State agency, shall submit to an audit pursuant to
Section 215.97, Florida Statutes. See Attachment B for additional information regarding this requirement.
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20. Retention of Accounting Records.Financial records, supporting documents, statistical records,and all other
records including electronic storage media pertinent to the Project shall be retained for a period of five(5)years 2-
after the close out of the grant. If any litigation or audit is initiated, or claim made, before the expiration of the five-
year period, the records shall be retained until the litigation, audit,or claim has been resolved. 0
21. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of
expenditures,copies of reports,books,and related documentation available to the Division or a duly authorized
representative of the State of Florida for inspection at reasonable times for the purpose of making audits,
examinations, excerpts, and transcripts.
22. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel
this Agreement in the event that the Grantee refuses public access to all documents or other materials made or
received by the Grantee that are subject to the provisions of Chapter 119,Florida Statutes, known as the Florida >
Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it
CL
receives a public records request related to this Agreement. CL
23. Investment of Funds Received But Not Paid Out. The Grantee may temporarily invest any or all grant funds
received but not expended, in an interest bearing account pursuant to Section 216.181(16)(b),Florida Statutes. CL
Interest earned on such investments should be returned to the Division quarterly,except that interest accrued less
than$100 within any quarter may be held until the next quarter when the accrued interest totals more than$100. All U)
interest accrued and not paid to the Division, regardless of amount, must be submitted with the Grantee's final
Progress Report at the end of the Grant Period.
24. Noncompliance with Grant Requirements.Any Grantee that has not submitted required reports or satisfied
other administrative requirements for this grant or other Division of Historical Resources grants or grants from any
other Florida Department of State(DOS)Division will be in noncompliance status and subject to the DOS Grants
Compliance Procedure. Grant compliance issues must be resolved before a grant award agreement may be
executed, and before grant payments for any DOS grant may be released.
r-
0
25. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record
of the use of all grant funds as follows:
a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt,
maintenance,and expenditure of state funds;
b) Accounting records must adequately identify the sources and application of funds for all grant activities and
must classify and identify grant funds by using the same budget categories that were approved in the grant
application. If Grantee's accounting system accumulates data in a different format than the one in the grant E
application, subsidiary records must document and reconcile the amounts shown in the Grantee's
accounting records to those amounts reported to the Division.
c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used
for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget.
d) The name of the account(s)must include the grant award number;
e) The Grantee's accounting records must have effective control over and accountability for all funds,
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C.2.a
property, and other assets;and
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f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a
proper pre-audit and past-audit(such as invoices, bills,and canceled checks). Mn
26. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are
contingent upon an annual appropriation by the Florida Legislature,or the United States Congress in the case of a
federally funded grant. In the event that the state or federal funds upon which this Agreement is dependent are
withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the
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Grantee, beyond those amounts already released prior to the termination date. Such termination will not affect the
responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state
revenue shortfall,the total grant may be reduced accordingly.
27. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents
and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as CL
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officers, agents, or employees of the state. The Grantee is not entitled to accrue any benefits of state employment,
including retirement benefits and any other rights or privileges connected with employment by the State of
Florida.
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28, Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred U)
in connection with this Agreement. The Grantee may subcontract,as necessary, to perform the services and to
provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s)for any 2
expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its
subcontractor(s)for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the
necessary steps to ensure that each of its subcontractors will be deemed to be"independent contractors"and will
not be considered or permitted to be agents, servants,joint ventures, or partners of the Division.
0
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29. Liability. The Division will not assume any liability for the acts, omissions to act, or negligence of, the Grantee,
its agents, servants, or employees; nor may the Grantee exclude liability for its own acts, omissions to act, or im
0
negligence, to the Division.
a) The Grantee shall be responsible for claims of any nature, including but not Ltnited to injury, death, and
property damage arising out of activities related to this Agreement by the Grantee, its agents, servants,
employees, and subcontractors. The Grantee, other than a Grantee which is the State or the State's 0
agencies or subdivisions, as defined in Section 768,28,Florida Slanfles, shall indemnify and hold the
Division harmless from any and all claims of any nature and shall investigate all such claims at its own as
expense. If the Grantee is governed by Section 768.28,Florida Slantles, it shall only be obligated in
accordance with that Section.
0
b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity, or
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increases the limits of its liability, by entering into this Agreement„
c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection
related to this Agreement.
d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the 0
Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement,
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C.2.a
including entering into subcontracts with vendors for services and commodities; and provided that it is
understood by the Grantee that the Division shall not be liable to the subcontractor for any expenses or ca
liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for
all expenses and liabilities incurred under the subcontract. 0
aft. Strict Compliance with Laws.The Grantee shall perform all acts required by this Agreement in strict conformity
with all applicable laws and regulations of the local, state and federal law,
31. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement, or
against any applicant for employment because of race, color, religion, gender, national origin, age,pregnancy,
handicap or marital status, The Grantee shall insert a similar provision in all of its subcontracts for services under
this Agreement.
32. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold
subsequent payments, and/or will terminate this agreement if the Grantee improperly expends and manages grant
funds, fails to prepare,preserve or surrender records required by this Agreement, or otherwise violates this
Agreement.
33. Termination of Agreement.
U)
a) Termination by the Division. The Division will terminate or end this Agreement if the Grantee fails to fulfill 0
its obligations herein, In such event, the Division will provide the Grantee a notice of its violation by letter, 2
and shall give the Grantee fifteen(15)calendar days from the date of receipt to cure its violation. If the
violation is not cured within the stated period,the Division will terminate this Agreement. The notice of
violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her
specified address by a method that provides proof of receipt. In the event that the Division terminates this
Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement, t3
prior to the notification of termination, if the Division deems this reasonable under the circumstances. Grant
0
funds previously advanced and not expended on work completed in accordance with this Agreement shall
be returned to the Division,with interest,within thirty(30)days after termination of this Agreement, The o
Division does not waive any of its rights to additional damages, if grant funds are returned under this
Section. La
b) Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part when
both parties agree that the continuation of the Project would not produce beneficial results commensurate
with the further expenditure of funds. The two parties will agree upon the termination conditions, including 0
the effective date, and in the case of partial terminations, the portion to be terminated.
c) Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment E
on the grant although the Department must be notified in writing prior to cancellation. After the initial
payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreement of
the Grantee and the Division. Request for termination prior to completion must fully detail the reasons for
the action and the proposed disposition of the uncompleted work-
34. Preservation of Remedies.No delay or omission to exercise any right, power, or remedy accruing to either 0
party upon breach or violation by either party under this Agreement, shall impair any such right, power or remedy
of either party; nor shall such delay or omission be construed as a waiver of any such breach or default,or any
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C.2.a
similar breach or default.
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35. Non-Assignment of Agreement. The Grantee may not assign,sublicense nor otherwise transfer its rights, duties
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or obligations under this Agreement without the prior written consent of the Division, which consent shall not
unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the 0
Project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all
work performed and all expenses incurred in connection with this Agreement. In the event the Legislature
transfers the rights, duties, and obligations of the Division to another governmental entity pursuant to Section
20.06,Florida Statutes, or otherwise, the rights, duties, and obligations under this Agreement shall be transferred
to the successor governmental agency as if it was the original party to this Agreement.
36. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum
open competition when procuring goods and services related to the grant-assisted project in accordance with
Section 287.057, Florida Statutes.
37. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest
described in Sections 112.311 through 112.326,Florida Statutes,and affirms that it will not enter into or maintain
a business or other relationship with any employee of the Department of State that would violate those provisions. CL
In addition, no Grantee official, employee, or consultant who is authorized in his or her official capacity to
negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract,or other agreement in U)
connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or
other agreement in which he or she has any financial or other interest, or in which his or her spouse, child, parent,
or partner, or any organization in which he or she is serving as an officer,director, trustee, partner, or employee of
which he or she has or is negotiating any arrangement concerning employment has such interest. Grantees shall
avoid circumstances presenting the appearance of such conflict. Furthermore, the spouse,child,parent, or partner
of an officer, director, trustee,partner, or employee of the grantee shall not receive grant funds, unless specifically
authorized in writing by the General Counsel for the Department of State to avoid a potential violation of those
statutes.
0
38. Binding of Successors. This Agreement shall bind the successors,assigns and legal representatives of the
Grantee and of any legal entity that succeeds to the obligations of the Division of Historical Resources.
39. No Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered r-
a violation of Section 274A(a)of the Immigration and Nationality Act. If the Grantee knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement.
40. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder
will remain in full force and effect, and such term or provision shall be deemed stricken.
41. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards
of Sections 553.501-553.513,Florida Statutes, and the Americans with Disabilities Act of 1990 as amended (42
U.S.C. 12101, et seg.),which is incorporated herein by reference.
42. Governing Law. This Agreement shall be construed, performed, and enforced in all respects in accordance with E
the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon
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County, Florida.
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43. Entire Agreement. The entire Agreement of the parties consists of the Mowing documents:
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a) This Agreement
b) Estimated Project Budget(Attachment A)
c) Single Audit Act Requirements and Exhibit I(Attachment B)
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C.2.a
In acknoWedgment of this grant,provided from funds appropriated in the 202OGener2lAppmpriation Act,1 hereby certify that I have
mad this entire Agreement,and*%ill comply Frith all of its mquimnnents. a 2-
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Department of State, Grantee.Monroe County Board of County Commissioners 0
By: By ,w „m
Authorizing Official for the Grantee
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Dr, Timothy Parsons,FDivision
Director .. m .
Typed name and title cm
Dateu,u,.
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PATRICIA
ASSISTANT COUNTY TT EY
DATE
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C.2.a
ATTACHMENT A
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Estimated Project Budget
.. ..� �u , nnm ......�,�„�,�,� .,....
Description � �
Grant Funds Cash Match , In Kind Match F
Replace Roof. Repair Gutters $41,526 $41,526 $0 'f
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New Doors and Wlndows $133,719 $133,719 $0 as
........,mmr.,,,,,, .,,,,,,,,mm.,,,,,,,,,,,,,,,,,,,,,.. .............., ,,,_,_,� �..,_,_� ��.��. ,,,,rrm--------
Environmental Assessment $2,000 $2,000 $Q
. ..............m:_ ........, ........................... ,. ......... .....Am,
Mold, Asbestos and Lead Based Paint Mitigation $50,000 $50,000 $0 e
�..
Architecture/Engineering Fees $20,030 $20,030 $D 0
Totals $247,275 $247,275 $o
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C.2.a
ATTACHMENT B2
FLORIDA SINGLE AUDIT ACT REQUIREMENTS
AUDIT REQUIREMEMB
The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or
monitoring by the Department of State as described in this Addendum to the Grant Award Agreement.
MONITORING
4-
0
In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F -Audit Requirements, and section
215.97, Florida Statutes (F.S.),as revised (see AUDITS below),monitoring procedures may include, but not be limited
to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR §200.425, or other procedures. CL
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By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures or
processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited
scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by 0
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Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with
any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor
General. @
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supm
Part I: Federally Funded
This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR
§200.90, §200.64, and §200.70.
0
1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program- o
specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements.
EXHIBIT l to this agreement lists the federal resources awarded through the Department of State by this
agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of
federal awards, including federal resources received from the Department of State. The determination of amounts 0
of federal awards expended should be in accordance with the guidelines established in 2 CFR §§200.502-503. An
audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will
meet the requirements of this Part.
2. For the audit requirements addressed in Part I,paragraph 1, the recipient shall fulfill the requirements relative to
auditee responsibilities as provided in 2 CFR §§200.508-512.
3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements. If the recipient
expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance
with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must be paid from non-
federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than
federal entities).
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C.2.a
The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this
agreement and the interpretation of compliance issues. 2
a
U.S. Government Printing Office wrvw.ecfr.gov M
Part II: State Funded
This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2), F.S.
i. in the event that the recipient expends a total amount of state financial assistance equal to or in excess of S750,000
in any fiscal year of such recipient(for fiscal years ending June 30, 2017, and thereafter), the recipient must have a
state single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 691-
5, F.A.C., State Financial Assistance;and Chapters 10.550(local governmental entities)and 10.650(nonprofit and
for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement lists the state financial >
assistance awarded through the Department of State by this agreement. In determining the state financial assistance
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expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state CL
financial assistance received from the Department of State,other state agencies, and other nonstate entities. State .�
financial assistance does not include federal direct or pass-through awards and resources received by a nonstate
entity for federal program matching requirements, CL
2. For the audit requirements addressed in Part i1,paragraph 1, the recipient shall ensure that the audit complies with
M
the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by
section 215.97(2), F.S., and Chapters 10.550(local governmental entities) and 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General.
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal years ending June
30, 2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F,S., is not
required. If the recipient expends less than S750,000 in state financial assistance in its fiscal and elects to have an
audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from
the nonstate entity's resources (i.e.,the cost of such an audit must be paid from the recipient's resources obtained
from other than state entities).
0
The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this
agreement and the interpretation of compliance issues.
State of Florida Department Financial Services (Chief Financial Officer)
lt9tpllw>�v,tny}lordacfa.com/
State of Florida Legislature(Statutes, Legislation relating to the Florida Single Audit Act)
�llp•Jlwwtiv.leg.state.fl.us�"
Part III: Report Submission
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F -Audit
Requirements, and required by Part I of this agreement shall be submitted,when required by 2 CFR §200.512, by
or on behalf of the recipient directly to each of the following:
a) The Department of State at each of the following addresses:
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Office or Inspector General
Florida Department of State ca
R. A. Gray Building 0
500 South Bronough St. A
Tallahassee, FL 32399-0250
b) The Federal Audit Clearinghouse(FAC)as provided in 2 CFR §200.36 and §200.512.
The FAC's website provides a data entry system and required forms for submitting the single audit reporting
package. Updates to the location of the FAC and data entry system may be found at the OMB website.
2. Copies of financial reporting packages required by Part 11 of this agreement shall be submitted by or on behalf of
the recipient directly to each of the following: 4-
0
a) The Department of State at each of the following addresses: >
0
Office of Inspector General
Florida Department of State
R. A. Gray Building
500 South Bronough St.
E
Tallahassee, FL 32399-0250
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b) The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
I I I West Madison Street
Tallahassee, Florida 32399-1450 0
The Auditor General's website provides instructions for filing an electronic copy of a 0-
financial reporting package. r-
0
3. Any reports, management letters,or other information required to be submitted to the Department of State pursuant
to this agreement shall be submitted timely in accordance with 2 CFR§200.512, section 215,97, F.S., and Chapters
10.550(local governmental entities) and 10.650(nonprofit and for-profit organizations), Rules of the Auditor
General, as applicable.
4. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance
with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550(local governmental entities)and 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting
E
package was delivered to the recipient in correspondence accompanying the reporting package,
Part V: Record Retention
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s)and this
agreement for a period of five years from the date the audit report is issued,and shall allow the Department of State, or
its designee, the CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit
E
working papers are made available to the Department of State, or its designee, the CFO, or Auditor General upon
request for a period of at least three years from the date the audit report is issued, unless extended in writing by the
Page:19
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Dcpartmcnt of State.
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EXHIBIT 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING: T
Not applicable.
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCESAWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Not applicable.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
0
MATCHING RESOURCES FOR FEDERAL PROGRAMS: 0.0.
Not applicable.
SUBJECT TO SECTION 215,97, FLORIDA STATUTES: aCL
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Florida Department of State Acquisition, Restoration of Historic Properties;CSFA Number 45.032. Award Amount U)
$247,275 @
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS:
The compliance requirements of this state project may be found in Part Four(State Project Compliance Requirements)
of the State Projects Compliance Supplement located at hI1psJ/apps.fldfs.com/fsaa/.
0
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3
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C.2.b
I of
RESTRICTIVE COVENANTS
Project Name: Monroe County Historic Jail
Grant Number: 20.h.sc.100.022
1E
THESE COVENANTS are entered into this 22nd day of January, 2020, by Monroe County, hereinafter n
referred to as the "Owner,"and shall be effective for a period of ten (10)years from the date of recordation by
the Clerk of the Circuit Court of Monroe County, Florida.
WHEREAS,the Owner is the fee simple titleholder of the Property located at 500 Whitehead Street,Jackson
Square Courthouse Complex, Key West, Monroe County, Florida, as described in Exhibit A, attached to and
4-
made a part hereof, and
WHEREAS, the Owner is to receive State Historic Preservation Grant assistance funds administered by the
State of Florida, Department of State, Division of Historical Resources, R.A. Gray Building, 500 South
Bronough Street, Tallahassee, Florida 32399-0250, hereinafter referred to as the Department, in the amount of
0
Two Hundred Forty-seven Thousand,Two Hundred Seventy-five and 00/100($247,275.00) Dollars,to be used
for the preservation of the property of the Owner as described in Exhibit A, and
WHEREAS, said State funds have been or will be expended for the purpose of preserving the historic
qualities of the property or contributing to the historic character of the district in which the property is located,
Now THEREFORE, as part of the consideration for the State grant, the Owner hereby makes and declares
the following restrictive covenants which shall run with the title to said Property and be binding on the Owner
U)
and its successors in interest, if any, for a period stated in the preamble above:
l. The Owner agrees to maintain the property in accordance with good preservation practices and the Secretary g
of the Interior's Standards for Rehabilitation.
a
2. The Owner agrees that no modifications will be made to the Property, other than routine repairs and
maintenance, without advance review and approval of the plans and specifications by the Department's
Bureau of Historic Preservation.
3. The Owner agrees that every effort will be made to design any modifications to the Property in a manner
consistent with the Secretary of the Interior's Standards for Rehabilitation.
4. The Owner agrees that the Department,its agents and its designees shall have the right to inspect the Property
at all reasonable times in order to ascertain whether the conditions of the Grant Award Agreement and these
covenants are being observed.
5. The Owner agrees that these restrictions shall encumber the property for a period of ten (10)years from the U)
date of recordation, and that if the restrictions are violated within the ten (10)year period, the Department
shall be entitled to liquidated damages pursuant to the following schedule:
a. If the violation occurs within the first five (5) years of the effective date of these covenants, the
Department shall be entitled to return of the entire grant amount. a
b. If the violation occurs after the first five (5) years, the Department shall be entitled to return of the
entire grant amount, less 10%for each year past the first five. For instance, if the violation occurs after
the sixth anniversary of the effective date of these covenants, but prior to the seventh anniversary, the
Department shall be entitled to return of 80%of the original grant amount.
6. The Owner agrees to file these covenants with the Clerk of the Circuit Court of Monroe County, Florida,
and shall pay any and all expenses associated with their filing and recording.
7. The Owner agrees that the Department shall incur no tax liability as a result of these restrictive covenants.
Packet Pg. 84
2 of
IN WITNESS WHEREOF, the Owner has read these Restrictive Covenants and has hereto affixed
their signature.
.2
.2
(SEAL) MONROE COUNTY,OWNER
ATTEST: KEVIN MAO , CLERK
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By:.................................................................................................................................................................................................................................................................
Deputy Clerk Mayor/Chairperson
Owner's Address:
1100 Simonton Street 4-
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Key West, Florida 33040
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The State of Florida
County of Monroe
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I certify that on this date before me, an officer duly authorized in the state and county named above to take
acknowledgments, that personally
(Name)
appearedas................................................................................................................................................................................................................. for Monroe County,
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(Officer) 4)
known to me to be or who proved to my satisfaction that helshe is the person described in and who executed 'a
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the foregoing instrument.
'I'ype of Identification Produced ..............................
Executed and sealed by me at Florida on ......................... 20 X
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.............................................................................
Notary Public in and for
The State of 0
My commission expires:. .
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[SEAL]
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MONROE COUNTY ATTORNEY'S OFFICE
ROC M
PATRICIA EABLES
ASSISTANT COUNTY ATT, NEY
DATE:
Packet Pg. 85
C.2.b
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