Coco Plum Beachb
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MEMORANDU
-- ♦b pOUNrp CO
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,N
O~��E COUM� •fyO
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
DATE: September 25, 2001
TO: James Hendrick
County Attorney
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
ATTN: Suzanne Hutton
Assistant County Attorney
FROM: Pamela G. Hanc ck
Deputy Clerk
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
At the September 21, 2000, Board of County Commissioner's meeting the Board granted
approval for the Mayor to execute Quit Claim Deeds transferring the title to, and responsibility
for, the Coco Plum Beach Park to the City of Marathon.
At the same meeting the Board granted approval for the Mayor to execute a Quit Claim
Deed transferring title to, and responsibility for, the Marathon Community Park to the City of
Marathon.
At the August 15, 2001, the Board granted approval and authorized execution of 3 Quit
Claim Deeds transferring to the City of Marathon Boot Key Marina, the County -owned portion
of Boot Key Harbor, and the Marathon Community Park - Phase II.
Enclosed please find the original recorded Quit Claim Deeds for your handling. Should
you have any questions please do not hesitate to contact this office.
cc: County Administrator w/o documents
Property Appraiser
Public Works
File✓
FILE # 1 2 5 6 2 5 2
MONROE COUNTY BK#1 7 2 4 PG#5 3 0
OFFICIAL RECORDS
QUITCLAIM DEED RCD Sep 11 2001 0 9 : 0 9 A M
DANNY L KOLHAGE, CLERK
THIS DEED, made this 21st day of September , 2000, by the Board of County
Commissioners of Monroe County, a political subdivision of the State of Florida and party of the
first part, to the City of Marathon, a municipality incorporated in the State of Florida and party of
the second part, whose address is PO Box 500430, Marathon, FL 33050.
WITNESSETH that the said party of the first part, for and in consideration of the
assumption of jurisdiction and responsibility over the property conveyed herein does hereby
remise, release and quitclaim unto the said party of the second part forever, all the right, title,
interest, claim and demand which the said party has in and to the following described real
property lying and being in Monroe County, Florida, to wit:
LOTS 33 THROUGH 40, PLUS THE WESTERLY 1/2 OF LOT 41, BLOCK 21, COCO PLUM
BEACH SUBDIVISION, according to the plat thereof as recorded in Plat Book 4,
page 166 of the Public Records of Monroe County, Florida.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise pertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said first party, either in law or equity, to the proper use, benefit and
behoof of the said second party forever.
WITNESS WHEREOF the said party of the first part has caused these presents to be
ame by its Board of County Commissioners acting as the Mayor of said Board, the
8 23
a
said.
t BOARD OF COUNTY COMMISSIONERS
L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
U � By J
e, ky�
rk Mayo0thairman
This Instrument prepared by:
Rob N. Wolfe, FBN 309370
Assistant County Attorney
502 Whitehead Street - 3rd Floor
Key West, FL 33040
jdconcomquitcoco MONROE COUNTY
OFFICIAL RECORDS
FILE #1256253
MONROE COUNTY BK#1 7 2 4 PG#5 3 1
OFFICIAL RECORDS
QUITCLAIM DEED
THIS DEED, made this 21st day of September
RCD Sep 11 2001 09:16AM
DANNY L KOLHAGE, CLERK
2000, by the Board of County
Commissioners of Monroe County, a political subdivision of the State of Florida and party of the
first part, to the City of Marathon, a municipality incorporated in the State of Florida and party of
the second part, whose address is PO Box 500430, Marathon, FL 33050.
WITNESSETH that the said party of the first part, for and in consideration of the
assumption of jurisdiction and responsibility over the property conveyed herein does hereby
remise, release and quitclaim unto the said party of the second part forever, all the right, title,
interest, claim and demand which the said party has in and to the following described real
property lying and being in Monroe County, Florida, to wit:
The bay bottoms and any submerged land immediately adjacent or contiguous to or
in any way associated with Lots 50, 51, 52, 53, 54, 55, 56, in Block 21, of COCO
PLUM BEACH as recorded in Plat Book 4, page 166 of the Public Records of Monroe
County, Florida, and any land lying between the mean highwater line and the
southern platted boundary of the aforementioned lots.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise pertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said first party, either in law or equity, to the proper use, benefit and
behoof of the said second party forever.
IN WITNESS WHEREOF the said party of the first part has caused these presents to be
name by its Board of County Commissioners acting as the Mayor of said Board, the
L. KOLHAGE, Clerk
This Instrument prepared by:
Rob N. Wolfe, FBN 309370
Assistant County Attorney
502 Whitehead Street - 3rd Floor
Key West, FL 33040
jdconcomquitcocobottom
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B v
Y
Mayor airman
MONROE COUNTY
OFFICIAL RECORDS
MONROE COUNTY FI #1 2 5 6 2 5 4
OFF.IC.IAL RECORDS RK#1 7 2 4 PG#5 3 2 RCD Sep 11 2001 09:16AM
QUITCLAIM DEED DANNY L KOLHAGE, CLERK
THIS DEED, made this 21st day of September , 2000, by the Board of County
Commissioners of Monroe County, a political subdivision of the State of Florida and party of the
first part, to the City of Marathon, a municipality incorporated in the State of Florida and party of
the second part, whose address is PO Box 500430, Marathon, FL 33050.
WITNESSETH that the said party of the first part, for and in consideration of the
assumption of jurisdiction and responsibility over the property conveyed herein does hereby
remise, release and quitclaim unto the said party of the second part forever, all the right, title,
interest, claim and demand which the said party has in and to the following described real
property lying and being in Monroe County, Florida, to wit:
Lots 50, 51, 52, 53, 54, 55, 56, in Block 21, of COCO PLUM BEACH as recorded in
Plat Book 4, page 166 of the Public Records of Monroe County, Florida, currently
lying in the new municipality of the City of Marathon.
Subject to all the covenants and restrictions of the Florida Communities Trust P1A
Award #91-041-P1A dated February 10, 1995, a copy of which is attached and
incorporated as Exhibit A.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise pertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said first party, either in law or equity, to the proper use, benefit and
behoof of the said second party forever.
IN WITNESS WHEREOF the said party of the first part has caused these presents to be
name by its Board of County Commissioners acting as the Mayor of said Board, the
ral
BOARD OF COUNTY COMMISSIONERS
L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
gt2'y J
erk Mayor/Cloirman
This Instrument prepared by:
Rob N. Wolfe, FBN 309370
Assistant County Attorney
502 Whitehead Street - 3rd Floor
Key West, FL 33040
JdconcomquitcocoFCT91
' r
8 9 0 4 31 EXH113IT
This instxu ent preparid by:
Ann J. Wild y
Florida Communities Trust
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2,100
IFF13521AU0230
Ric
4;S--CiL/7-W I4-,T/-0V4
FILE #1256254
BK# 1 7 2 4 PG# 5 3 3
FLORIDA COMMUNITIES TRUST
P1A AWARD' 91-041-p1A
dRA>o T AWARD AaREMMXT
THIS AGREEMENT is kntered into this & day of
1995, by and between the FLORIDA COMMUNITIES TRUs «PC
nonregulato�clivol
agency within the State of Florida Department of
Community Affairs, and MONROE COUNTY, a political subdivision of
conditions
the State of Florida("FCT Recipient"), in order to impose terms,
, and restrictions on the use of the
eds of
certain bonds hereinafter described and the landseacq it
such � � squired with
Proceeds and as described in the warranty deeds vesting tee
simple title in the FCT'Recipient ("project Site"), as shall be
necessary to ensure compliance with applicable Florida Law and
federal incom4 tax law and to otherwise implement provisions of
Chapters 259,'375, and 380, Florida Statutes.
WHEREAS,.Pa t III Chapter 380, Florida Statutes, the Florida
Communities Thus Act, creates a nonregulatory agency within the
Department of Co unity;Affairs, which will assist loch,
governments in b.ingingFinto compliance and implements.:; the
conservation, recreation and open space, and coastal elements of
their comprehensive plans and in otherwise conserving natural
resources and resolving land use conflicts by providing financial
assistance to local governments to carry out projects and
activities authorized by the Florida communities Trust Act;
WHEREAS, Section 1 of the Florida Preservation 2000 Act
provides for the distribution of ten percent_.{10t) of the net
Preservation 2000 Revenue Bond proceeds to the Department of
community Affairs to provide land acquisition grants and loans to
local governments through the FCT;
WHEREAS, the Governor and Cabinet authorized the sale and
Issuance of state of Florida Department of Natural Resources
Preservation 2000 Revenue Bonds by resolution ("Bonds");
WHEREAS, the Bonds Vero issued as tax-exempt bonds, meaning
that the interest on the Bonds is excluded from the gross income
of Bondholders for feder ilalire,n,..,--
CAA/91-041-p1A Z =1! Id'/ 9—
1
c. XHiwi r A
043,1
WHEREALS, Rule 9K- .01
Impose conC itions for and
projects hive been sel. etc
Chapter 9X14, F.A.C.;
WHERS, the FCT has
Project Si a is acquir d a
acquires title to the roj
and restridtions as ar su
Project Site at all ti es
Statutes aAd section 9; Ar
shall cont4in clauses prov
the Project site to the Bo
Improvement Trust Fund upo
use the Project Site acqui
WHEREAS, such covenant
an agreement which shill
property which is sub; ct
in the county in vhich the
WHEREA , the purpose o
covenants restric ion
subsequent o its acqu sit
award.
NOW THEREFORE, in
undertakin ,s act fort
consider
at on, there,
acknowledg , FCT and
as follows:
I. GENERAL
FILE #_ 2 5 6 2 5 4
BR# 1 7 2 4 PG# 5 3 4
fff1352 P1610231
(2) (f) , f .A.C. , authorizes rc'r to
ng on those FCT applicants whose
for tunding in accordance with Rule
1
approved the terms under which the
d the deed whereby the FCT Recipient
ct Site shall contain such covenants
ficient to ensure that the use of the
omplies with Section 375.0511 Florida
icle XII of the State Constitution and
ding for the conveyance of title to
rd of Trustees of the Internal
the failure of the FCT Recipient to
ed thereby for such purposes; and
and restrictions shall be imposed by
ascribe with particularity the real
o the agreement and shall be recorded
real property is located; and
this Agreement is to set forth the
that are imposed on the Project Site
n with the FCT Preservation 2000
eration of the mutual covenants and
n, and other good and valuable
nd!sufficiency of which is hereby
cipient do hereby contract and agree
1. Von executi a delivery by the parties hereto, the
FCT Recipie t shall ca a is Agreement to be recorded and filed
In the offs ial public ecoi ds of Honroa�-CoUnty, Florida, and
referenced by the wary ty deeds vesting fee simple title to the
Project site in the F Recipionnection
ant, and in such manner and in such
other places as FCT ma reasoably request, -and shall pay all
fees and charges incurred in therewith.
2. The FCT Recipient and FCT agree that the State of
Florida Department of Environmental Protection will forward this
Agreement to Department of Environmental Protection Bond Counsel
for review. In the eve�i�t BAnd counsel opines that an amendment
is required to this Agreement so that the tax exempt status of
the Preservation 2000 Bonds is not jeopardized, FCT and FCT
Recipient shall amend the Agreement accordingly.
3. This AgreemeopSjp�,'-4 omended at any time. Any
VI1
GAA/91-041-P1A SZ :n it, 9- Mn3! S66i
890431
amendment must be set forte
by both the FCT Recipient a
4. This Agreement" and
contained herein shall run
shall bind land the benefi
FCT and th;JFCT Recipient
assigns.
5. This Agreement sh
accordance frith the laws o
both substantive rights and
remedies.
6: Any notice required
by personal► delivery, by re,
expedited s ice at the al,
other addre ses as �y �e s
hereto, and ny such notice
of delivery if by personal 4
service,or upon actual rece:
FCT: I
FCT Recipient:
i
7• If a y provision of
illegal or unenforceable, t;
enforceabili y of the remaii
--be affected or impaired.
FILE # 1 2. 5 E 2 5 4
BR# 1 7 2 4 PG# 5 3 5
_J
IM1352 F910232
in a written instrument and agreed to
nd FCT.
the covenants and restrictions
with the property herein described and
s shall inure to, respectively, the
nd their respective successors and
11 be governed by and construed in
the State of Florida, with respect to
with respect to procedures and
to be given hereunder shall be given
listered mail or by registered
resses specified below or at such
ecified in writing by the parties
shall be deemed received on the date
elivery or expedited delivery
Pt it sent by registered mail.
orida Communities Trust
partment of Community Affairs
40 Centerview Drive
llahassee, FL 32399-2100
TN: Executive Director
'oe County, a political
livision of the state of Florida
Overseas Highway Suite 410
helAgreement shall be invalid,
validity, legality and
rig provisions shall not in any way
M PAWECT BITE 1tEQgIRZUn4B IlIP08ED BY -- - - - -375, MM CMMER 380, PART X11 _ ?BR ZS9, QH71PT$R
• PIARYD]1 BTi►T1fTBftZ8.
1• If any essential term or condition of this grant
agreement is violated by the FCT Recipient or by some third
with the knowledge of the FCT Recipient and the FCT Recipient
arty
does not correct the violation within 30 days of notice of the
violation, fee simple title to all interest in the project Site
shall be conveyed to the Board of Trustees of the internal
Improvement Trust Fund. The FCT shall treat such property in
accordance with section 3�Q j
7�J51g8�it P (e) ,Florida Statutes.
JJ
GAA/91-041-PIA
9- 023 s661
3
FILE
BK# 1
#I 256254
7 2 g
PG# 5
3 6
2. Any
approval of
transferee,
restriction
people of F
690431 OF1352 F90233
transfer of the project site shall be subject to
FCT and FCT shall or -ter into a new agreement with
containing such coveiiants, clauses, or other
as are sufficient to protect the interest of the
3. The 'intere nt,
Project site will no
the
the
t
4. If the existence of the PCT Recipient terminates for any
reason, title to all interest in real property it has acquired
with the FCT award shall be conveyed to the Hoard of Trustees of
the Internal Improvement Trust Fund, unless FCT negotiates an
agreement with another local government or nonprofit organization
which agrees to accept tittle to all interest in and to manage the
Project site.
S. In a event the the Project Site is damaged or
destroyed o title to the Project Site, or any part thereof, is
taken by a governmental body through the exercise or the 'breast
of the exe ins of the power of
eminent domain, the PCT Recipient
shall depo ,it with the FCT any proceeds or any
condemnatio award, and shall promptly commence to rebuild,
replace, r4air or restore the Project Site in such manner as is
consistent frith the Ageement. The FCT shall make any such
insurance p6ceeds or ndemnation award moneys available to
provide fun
FCT Recipient fails to ommence or to complete the rebuilding,
ds for such estoration work. In the event that the
repair, replacement or restoration of the Project site after
notice fromlthe rCV, t e PCT shall have the right, in addition to
any other r,medies at faw or in equity, to repair, restore,
rebuild or eplace the►P�roject Site so as to prevent the
occurrence f a default hereunder.
Notwiths.anding any'of the foregoing, PCT will have the right
to seek spific performance of any of the :covenants and
restrictions of this Agreement concerning the construction and
operation of the Project site.
IxI. PROJWT SITX OBLIGATIONS IXI?OBZD BY YCT ON TRZ PCT
RECXVXXNT.
. Th Project site shall be managed only for the
conse1rvation, protection and enhancement of natural and
historical resources add for public outdoor recreation which is
Compatible with the conservation, protection and enhancement of
the Project site, alone} with other related uses necessary for the
accomplishment of this urpoeii. The proposed uses for the
Project Site are specir1y desigqnated in the project Plan as
approved by PCT. �-S�I�IIV AmaliNol
GAA/41--041-PIA �Z '�� f� 9- 03150
4
FILF # 1 2 5 6 2 5 4
BK# 1 7 2 4 PG# 5 3 7
990431 �1352 FAKO234
2. a PCT Recipient ,shall prepare and submit to PCP an
annual re rt as required by Rule 9K-4.0130 F.A.C.
3• a FCT Recipient shall ensure that the future land use
designation assigned to the project Site is for a category
dedicated o open spa e, conservation, or outdoor recreation uses
as appropriate. If allamendment to the PCT Recipient's
comprehensive plan is required to comply with this paragraph, the
amendment shall be pr posed at the next comprehensive plan
amendment cycle avail ble:to the FCT Recipient.
4. FCT Recipie
thereof to FCT, that
with all applicable 1
regulations, includin
approved comprehensiv
Evidence shall be pro
Permits have been obt
construction.
5. The FCT Reci
employees, prevent the
any use th roof not it
plan.
6. PCT staff ox
have the right at any
operations lof the FCT
7. All building
shall require the pric
Further, tree removal,
major land alterations
The approvals required
held by FCTupon suffi
structures, buildings,
land alterations will
Of the Project site.
management }plan address
considered written anti
shall ensure, and provide evidence
,1 activities under this Agreement comply
!alo state, regional and federal laws and
zoning ordinances and the adopted and
plan for the jurisdiction as applicable.
ded to PCT that all required licenses and
ned prior to the commencement of any
lent shall, through its agents and
unauthorized use of the Project Site or
conformity with the FCT approved project
its duly authorized representatives shall
ime to inspect the Project Site and the
ecipient at the project Site.
i, structures, improvements, and signs
written approval of FCT as to purpose.
other than non-native species, and/or
shall require the written approval of PCT.
from FCT shall not be unreasonably with -
lent dem6nstration that the proposed
improvements, signa, vegetation removal or
of adversely impact -the natural resources
he approval by FCT'of the FCT Recipient's
ing the items mentioned herein shall be
oval from FCT. -- -
8. Xf archaeological and histe;ic sites are located on the
Project Site, the PCT Recipient shall comply with chapter 267,
Florida Statutes. The collection of artifacts from the project
Site or the disturbance of archaeological and historic sites on
the Project Site will be prohibited unless prior written
authorization hag been obtained from the Department of State,
Division of Historical Resources.
9. The FCT Recipient shall ensure that the project site is
Identified as being public29VMW,_U.0JJM2%T9ted as a passive,
CAA/91--041-PIA ZZ :11 1[/ 9~ 031 S661
5
FILE # 1 2 5 6 2 5 4
BK# 1 7 2 4 PG# 5 3 a
89001 1352 ?H[0235
natural r ource-based public outdoor recreational site in all
signs, li rature and advertising regarding the project Site.
The FCT Rei Went shall erect a aign(s) identifying the Project
Sits as being open to the pubic and an having been purchased
with funds from FCT and FCT Recipient.
IV. OgZ'XGM TORS Yllcpj = 8Y pCT StSCIPX=T AB A RMULT Or go=
PROCR ne 32i90 UTILISED TO p=CMWX Tn pRoJBCT gYs$.
1. If the Project site is to remain subject, after its
acquisition by the State and the FCT Recipient, to any of the
below listed activities or interests, the FCT Recipient shall
Provide at least 60 days written notice of any such activity or
interest t FCT prior to the activity taking place, and shall
Provide to FCT such information with respect thereto as FCT
reasonably requests in order to evaluate the legal and tax con -
any f such activity or interest:
ai.
any lease of any interest in the Project Site to a
non -governmental person orlorganization;
�• the operation of any concession on they Project
Site to a non -governmental person or organization;
I
d. any sales contract or option to buy things
attached to; the Project Site to be severed from the Project site,
with a non overnmental person or organization;
dl. any use of the Project Site by non --governmental
Persons oth than injuhers*nfscpcapacity as a member or the
general pubre;
none. a managmeat contract of the Project site with a
-governmhntal person onorganization; and
fl such other activity or interest as may be
specified from time
Recipient. i to time in writing by FCT to theFCT
I -
2• FCT Recipient agrees and acknowledges that, the
following transaction, events, and circumstances ma
be
Permitted on the Project Site as they say have negativetlegal and
tax consequences under Florida law and federal income tax law=
a• a sale Of the Project Site or a lease of the
Project site to a non -governmental person or organization;
I
b. the operation of a concession on the project Site
by a non -governmental person or o rganization;
GAA/91-041-PIA i{i
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BK# 1 7 2 4 PG# 5 3 s
• - 091431 W 1 352 PIU0236
Co a male of things attached to the Project Site to
be severed from the Project Site to a non -governmental person or
organization;
d. any change in the character or use of the Project
Site from that use expected at the date of the issuance of any
series of bonds from which the disbursement is to be made;
e. any use of the Project Site by non -governmental
persons other than in such person's capacity as a member of the
general public;
f. a management contract of the project Site with a
non -governmental person or organization; and
g. such other activity or interest as may be
specified from time to time in writing by FCT to the FcT
Recipient.
DELEGATIONS AND CONTRACTUAL ARRARGEMENTS BE' MM THE FCT
RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES,
OR NON GOVERNMENTAL PERSONS FOR USE OR MMAGEKENT OF THE PROJECT
SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE
RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON
THE PROJECT SITE AS A RESULT of UTILIZING BOND PROCEEDS To
ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE
CONTRACTING PARTY.
V. CONDITYOXB TEAT ARA pARTICOLXR TO TSE PROJECT SITE M A
1. The FCT Recipient shall ensure that the public has
adequate access to the Project Site for resource-baced outdoor
recreation to the extent that the project Site's natural
resources are not adversely affected.
2. The timing and extent of a vegeta'.ie survey for the
Project site shall be as specified in the management plan to
determine the measures the F Recipient -ouS-t take to restore
and/or preserve the Project ite.
3. Passive resource-6a ed activities including nature
trails, wildlife viewing bli do, and nature study shall be
provided on the Project site:
4. Environmental education programs related to the natural
resources on the Project Site shall be developed and implemented.
5. The water quality of the salt ponds shall be protected
and the natural hydrology of the Project Site shall be preserved
and, where applicable, restordC"StiVIM'g .l,-C4ydrological regime.
CAA/91-041-P1A cZ : I It/ 9—
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8.90k ! C1352 pARQ237
6. The beach berm community that occurs on the Project Site
shall -be preserved and appropriately managed to ensure the long
-term .viability of the community.
7. The project site shall be managed in a manner that will
optimize habitat conditions for the listed wildlife species that
utilize or could potentially utilize the project site,
particularly sea turtle!$.
8. The FCT Recip nt shall coordinate with the Curry
Hammock state Park on a management of the Project Site.
9. xnvasiva exot vegetation that occurs on the project
Site shall be eradica , particularly the areas infested by
Brazilian pepper and A tralian pine.
THIS GRANT AWARD AGF
between the rties.
IN WITNESFWHBREOF,
this Agreement.
witness: i
W ese ame:
W tneon N
GAA/91-041--P1A
embodies the entire Agreement
parties hereto have duly executed
MONROE COSY, a political
subdivision of the
state of Florida, f
BY ITS HOARD OF COUNTY
CONMXWJONERS
mchv'"
Its: a;K,
Mate: K
Attest:
Clerk
Accepted an to_Legal Form and
Sufficiency;
//Z/-Z- - -
i�asi .1S�JVJJV Jtrxr,�,:�o��
cz :fir � 9- e�f s6�r
8
FILE #1256254
BK# 1 7 Z 4 PG# 5 4 1
89043 V WI 352 1190238
STATE OF FLORIDA
COUNTY OF LEON
Theto
r JW . � of
t•� 4c
• ��9
%* •• f�
.. .•41
FLORIDA CONMOMItrIEs TRUST
Lifidi Loomis Shelley, Cha
Dater '"1,� \•p�q
Surf
Date:
an to Legal Form and
cY• n _ i
was acknowledged before me this
1995, by LiwA Loomis SHELLEY, d0
es Trust. She is personally kno
Priest amaf
CmKission No
My Commission
MATE OF i!'Y AZDA
COUNTY OF MONROE
The foregoing instrument: was acknowledged before me this
_]Alb day ofy , 1995, by Shirle Freeman
As Mayor /-Chairman He%she is personally nova t,
me.
CAA/91-041-PIA
• �.oaa.a w arcw Recordil
1Moold WAACounty,
FlorhJa '
DANTHY L. KOLHAOX
Ci rk Cirm t cork
i&L:
�^
MONROE COUNTY
OFFICIAL RECORDS
-_ Sheila M. ploanto
n No.
sion Exp rest
off' a n-L vorn,N.f�a
�, um
Qofss��s�
I
MONROE COUNTY - I L 9 #1 2 5 6 2 5 5
OFFICIAL RECORDS SK41 7 2 4 PG#5 4 2
RCD Sep 11 2001 09:19AM
QUITCLAIM DEED DANNY L KOLRAGE, CLERK
THIS DEED, made: this 21st day of Septembgr 200g by the Board of County
Commissioners of Monroe County, a political subdivision of the State of Florida and party
of the first part, to the City of Marathon, a municipality incorporated in the State of
Florida and party of the second part, whose address is PO Box 500430, Marathon, FL
33050.
WITNESSETH that the said party of the first part, for and in consideration of the
assumption of jurisdiction and responsibility over the property conveyed herein does
hereby remise, release and quitclaim unto the said party of the second part forever, all
the right, title, interest, claim and demand which the said party has in and to the
following described real property lying and being in Monroe County, Florida, to wit:
Lots 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 in Block 21, of COCO PLUM
BEACH as recorded in Plat Book 4, page 166 of the Public Records of
Monroe County, Florida, currently lying in the new municipality of the City
of Marathon.
This conveyance is expressly subject to all the covenants and restrictions of
the Florida Communities Trust Grant Contract #94-CT-72-92-2A-M1-001
dated May 3, 1994, a copy of which is attached and incorporated as Exhibit
A. By its act of recording this Deed, grantee agrees to abide by and to
comply with said covenants and restrictions, and assumes all obligations
imposed upon FCT Recipient under Exhibit A.
TO HAVE AND TO HOLD the same together with all and singular the
appurtenances thereunto belonging or in anywise pertaining, and all the estate, right,
title, interest, lien, equity and claim whatsoever of the said first party, either in law or
d behoof of the said second party forever.
aid party of the first part has caused these presents
and of County Commissioners acting as the Mayor of
iid.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor airman
This Instrument prepared by:
Rob N. Wolfe, FBN 309370
Assistant County Attorney
502 Whitehead Street - 3rd Floor
Key West, FL 33040
]dconcomq uitcocoFCT94
CONTRACT 194-CT-72-92-2A-M1-001
PROJECT NAME Rate of Growth Control
FILE #1256255
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FLORIDA COMMUNITIES TRUST
PROPOSAL NUMBER 93-001-CSI
FLORIDA COMMUNITIES TRUST
AREA OF CRITICAL STATE CONCERN PROGRAM
GRANT CONTRACT
THIS CONTRACT is entered into on -M a44 4,
1994, by and between the FLORIDA COMMUNITIM TRUST (FCT), a
nonregulatory agency within the State of Florida Department of
Community Affairs, and MONROE COUNTY (FCT Recipient), a political
subdivision of the State of Florida, in order to impose terms and
conditions on the use of the proceeds of certain bonds,
hereinafter described, and the lands acquired with such proceeds
(Project Site), as shall be necessary to ensure compliance with
applicable Florida Law and federal income tax law and to
otherwise implement provisions of Sections 259.101, 375.045, and
Chapter 380, Part III, Florida Statutes.
WHEREAS, Chapter 380, Part III, Florida Statutes, the
Florida Communities Trust Act, creates a nonregulatory agency
within the Department of Community Affairs (Department) that will
assist' local governments in bringing local comprehensive plans
into compliance and implementing the goals, objectives, and
policies of the conservation, recreation and open space, and
coastal elements of local comprehensive plans, or in conserving
natural resources and resolving land use conflicts by providing
financial assistance to local governments to carry out projects
and activities authorized by the Florida Communities Trust Act;
WHEREAS, Section
for the distribution
2000 Revenue Aond pro
to provide adcC1
through
. specifically'' for at
for acquisition ) -Uvi
-259.101 j.(c)t,, Florida Statutes, provides
of rteh-0 r6erit ti-Q o.) ', of the net Preservation
WHEF1,2-AS, the_ Governer
issuance •of'`State of .Fwlor
Preservation 2000 Revenue
t the Delta tinent- of Community Affairs
in gr-A4ts : ,nd Z6hns--`to local governments
hdit� oA_enal''oDe�t th to be used
.ra} s; on-a-,doiiat--for-dollar basis,
�as`�bf= cj�a,t c&l,, state concern;
and Cab ftet authorized the sale and
.da Departatierit ^'Of 'Natural Resources
Bonds (Bonds);
WHEREAS, the Bonds were issued as tax-exempt bonds, meaning
that the interest on the. -Bonds. is. excluded from. the, income
of Bondholders for federal', `income.. tax purposes;
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WHEREAS, Rule Chapter 9K-5, F.A.C., sets forth the
procedures for evaluation and selection of proposals for land
acquisitions using funds allocated to the FCT through the
Department of Community Affairs from the Preservation 2000 Trust
Fund for Areas.of Critical State Concern;
WHEREAS, the FCT Governing Body met on January 6, 1994, to
consider and select proposals to receive funding and FCT
Recipient's proposal was selected for funding in accordance with
Rule Chapter 9K-5, F.A.C.;
WHEREAS, FCT is authorized by Section 380.510(7)(a),
Florida Statutes, Rule 9K-5.007(4), F.A.C., in accordance with
Section 380.510(4), Florida Statutes, to impose grant conditions
deemed necessary to protect the interests of the State of Florida
and to ensure that the project complies the requirements for the
use of Preservation 2000 Bond proceeds, and which must be met by
the FCT Recipient prior to the release of any funds;
WHEREAS, such conditions shall be imposed by a grant contract
that shall contain by reference all regulations, rules, and other
grant conditions governing the matching grant award, that shall
describe with particularity the real property that is subject to
the contract and that shall be recorded in the county in which
the real property is located; and
WHEREAS, the purpose of this Contract is to set forth the
terms and conditions of the matching grant award and covenants
and restrictions that shall be imposed on the Project Site(s)
acquired with the FCT Preservation 2000 Bond Proceeds and the
Recipient's local match.
NOW THEREFORE, in consideration of the mutual covenants and
undertakings set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, FCT and FCT Recipient do hereby contract and agree
as follows:
I. GENERAL CONDITIONS
1. At least two original copies of this Contract shall be
executed by FCT Recipient and returned to the FCT office at 2740
Centerview Drive, Tallahassee, Florida 32399-2100 within sixty
(60) days of mailing by FCT to the FCT Recipient. Upon receipt
by FCT of the signed Contracts, FCT will execute the Contracts,
retain one original copy and return all other copies to FCT
Recipient.
2. Upon execution and delivery by the parties hereto, the
FCT Recipient shall cause this Contract to be recorded and filed
in the official public records of Monroe County, Florida, and in
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such manner and in such other places as FCT may reasonably
request, and shall pay all fees and charges incurred in
connection therewith.
3. The-FCT-Recipient and FCT agree that_the State of
Florida Department of Environmental Protection will forward this
Contract to Department of Environmental Protection Bond Counsel
for review for conformance to bond restrictions. In the event
Bond Counsel opines that an amendment to this Contract is
required so that the tax exempt status of the Preservation 2000
Bonds is not jeopardized, FCT and FCT Recipient shall amend the
Contract accordingly.
4. This Contract may be amended at any time. Any
amendment must be set forth in a written instrument and agreed to
by both the FCT Recipient and FCT.
5. This Contract and the terms, conditions, covenants and
restrictions contained herein shall run with the real property
acquired with the funds received hereunder and the local match,
and shall bind, and the benefits shall inure to, respectively,
the FCT and the FCT Recipient and their respective successors and
assigns.
6. This Contract shall be governed by and construed in
accordance with the laws of the State of Florida, with respect to
both substantive rights and with respect to procedures and
remedies.
7. Any notice required to be given hereunder shall be given
by personal delivery, by registered mail or by registered
expedited service at the addresses specified below or at such
other addresses as may be specified in writing by the parties
hereto, and any such notice shall be deemed received on the date
of delivery if by personal delivery or expedited delivery
service, or upon actual receipt if sent by registered mail.
FCT: Florida Communities Trust
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
ATTN: Executive Director
FCT Recipient: Monroe County, a political subdivision
of the State of Florida
2798 Overseas Highway Suite 410
Marathon, FL 33050
ATTN:Lorenzo Aghemo
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8. If any provision of the Contract shall be invalid,
illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way
be affected or impaired.
II. SPECIFIC CONDITIONS REQUIRED BY RULE 9K-5, FLORIDA
ADMINISTRATIVE CODE
1. FCT Recipient hereby acknowledges and agrees that
Project work may not be initiated prior to execution of this
grant contract.
2. All matching grants from the Area of Critical State
Concern Program shall be used for land acquisitions that assist
an Area of Critical State Concern county to implement or further
the conservation, recreation and open space, or coastal
management elements of the local comprehensive plan, to conserve
natural resoutces, to resolve land use conflicts, and to
implement land development regulations which further the
principles for guiding development established for that Area of
Critical State Concern.
3. Preservation 2000 funds received by the Recipient under
this Contract shall only be used for the land acquisition project
costs, as defined in Rule 9K-5.002(19), and as set forth in
Proposal 93-001-CS1.
4. The FCT Recipient hereby agrees to fully perform the
project as described in the Proposal 93-001-CS1. The scope and
nature of the project work for which the grant assistance is
authorized shall be as follows:
Land acquisition program to implement the rate of growth
ordinance (ROGO), density reductions and open space requirements
specified in the Monroe County Year 2010 Comprehensive Plan for
the following types of land acquisitions from willing sellers:
a) Properties which have been denied a building permit for
years under the ROGO. Since the ROGO's point criteria addresses
the environmental issues of habitat value, endangered species,
and subdivision infill, these properties will likely be the most
environmentally sensitive lands participating in the ROGO.
b) Properties which have been denied a building permit for
less than four years under the ROGO, but which offer the
potential for early acquisition.
c) Environmentally -sensitive properties which are not yet the
subject of a building permit application, but which are located
within areas with the potential for low ROGO scores.
d) Properties rendered unbuildable by the density reductions
in the Residential Low and Residential Conservation future land
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use districts or by the increased open space requirements for
undisturbed salt marsh and buttonwood wetlands.
5. The FCT Preservation 2000 Bond Series award granted to
the FCT Recipient shall in no event exceed Three million six
hundred seventy-seven thousand nine hundred eicrhty-seven and
00/100 Dollars ($3,677,987.00).
6. Funds awarded under this Contract shall be awarded as a
matching grant to FCT Recipient. Funds awarded under this
program shall be matched by the Recipient on a dollar -for -dollar
basis.
7. The FCT Recipient shall prepare a management plan,
following the guidelines set forth in Exhibit "A", for approval
by the governing body prior to the release of any funds by the
FCT. This plan must include the following:
a. , At a minimum the management plans shall set forth
how the site will be managed to further the purpose of the
project, a description of all planned improvements to the project
site, the costs and funding sources, and the management entity
and its funding source. If the FCT Recipient is not the proposed
managing entity, the management plan must include a signed
agreement between the FCT Recipient and the managing entity
stating the managing entity's willingness to manage the site, the
manner in which the site will be managed to further the
purpose(s) of the project, and identification of the source of
funding for management.
b. Evidence that the management plan is consistent
with the local comprehensive plan.
C. Evidence that the conditions imposed in the grant
contract have been satisfied.
8. The governing body shall approve or reject the
management plan in accordance with the FCT Recipient's compliance
with the grant contract and the requirements of Rule 9K-5.008,
9. The FCT Recipient hereby agrees to fully perform the
obligations of the Management Plan approved by FCT.
10. FCT Recipient hereby agrees to provide evidence within rr_
thirty (30) days of FCT governing board approval of the�Gf�';��
management plan that the local match portion, in the amount of
Three million six hundred seventy-seven thousand nine hundred
eighty-seven and 00/100 dollars ($3,677,987.00) of the total
project costs has been transferred by the FCT Recipient into a
restricted segregated account established and used exclusively
for the purposes of the funded project. Upon notification to FCT
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that the restricted account has been established, the FCT funds
shall be delivered in the form of a state warrant payable to _the
Recipient within 30 days. The restricted account shall be the
receiving account for the FCT matching grant and shall be subject
to the accounting and auditing provisions set forth Exhibit "B"
attached hereto and made a part hereof.
11. Pursuant to Rule 9K-5.003(4), F.A.C., prior to awarding
funds the local comprehensive plan of an FCT Recipient must
either be found in compliance by the Department or the Recipient
must have executed a stipulated settlement agreement with the
Department to resolve all the issues raised by the Department in
a statement of intent to find a plan not in compliance issued
pursuant to Section 163.3184, Florida Statutes. FCT Recipient
hereby certifies that on January 6, 1994, the status of the
Monroe County comprehensive plan was that the stipulated settlement
agreement dated February 7, 1992, was executed by the FCT Recipient
with the Department.
12. Pursuant to Rule 9K-5.007(5), F.A.C., approval for
funding shall be for a period not to exceed two years from the
date of the meeting at which the approval was given. The
approval for funding under this Contract shall expire upon the
satisfactory completion of the project work and terms and
conditions of this Contract or January 5, 1996, whichever occurs
first.
13. Funds awarded under this Contract shall be subject to
termination as follows:
a. Failure of the FCT Recipient to comply with the
provisions of this Contract shall constitute grounds for
terminating the matching grant.
b. The FCT grant portion of funds remaining in the
restricted account as a result of early termination of a project
grant or from completion of the project at less than anticipated
cost shall revert to the Florida Communities Trust Preservation
2000 Trust Fund and be attributed to the bond series out of which
the matching grant was made.
14. Notice of Termination may be given by either party
according to the provisions for notification in Section I.,
paragraph 7 above. If the FCT delivers a Notice of Termination
prior to January 5, 1996, such notice shall provide the reason
for termination and thirty (30) days for the FCT Recipient to
correct any deficiencies or violations that may be the basis of
the Notice of Termination.
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15. '1'11e I-V I' Rec i p i ent lievel>y mirees to f u I I y comp I y with
the applicable accounting, retention of accounting records, and
auditing requirements as described in Rule 9K-5.010-.012, F.A.C.
16. Pursuant to Rule 9K-5.009(h), F.A.C., the FCT Recipient
hereby agrees to submit quarterly project progress reports until
this Contract either expires or is terminated, according to
Exhibit "C" attached hereto and made a part hereof.
17. Pursuant to Rule 9K-5.015, F.A.C., annual stewardship
reports to FCT according to Exhibit "D" attached hereto and made
a part hereof.
III. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY
CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III,
FLORIDA STATUTES.
1. Land acquisition procedures of the Monroe County Land
Authority, acting on behalf of the Board of County Commissioners
of Monroe County, shall be used for the acquistion of the
Property hereunder.
2. Any deed whereby the FCT Recipient acquires title to a
Project Site shall incorporate by reference the covenants and
restriction of this Grant Contract to ensure that the use of the
Project Site at all times complies with Section 375.051, Florida
Statutes and Section 9, Article XII of the State Constitution and
shall contain the following clause. providing for the conveyance
of title to the Project Site in the Board of Trustees of the
Internal Improvement Trust Fund upon failure to use the Project
Site conveyed thereby for such purposes:
By acceptance of this warranty deed, grantee
herein hereby agrees that the use of the Property
described herein shall be subject to the covenants and
restrictions as set forth in that certain Grant
Contrac� recorded in Official Record Bookl3o4,
Page Public Records of Monroe County, Florida.
These covenants and restrictions shall run with the
Property herein described. If any of the covenants and
restrictions of the Grant Contract are violated by the
grantee or by some third party with the knowledge of
the grantee, fee simple title to the Property described
herein shall be conveyed to the Board of Trustees of
the Internal Improvement Trust Fund of the State of
Florida in accordance with the Grant Contract without
further notice to grantee, its successors and assigns,
and grantee, its successors and assigns shall forfeit
all right, title and interest in and to the Property
described herein.
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3. If any essential term or condition of this grant
contract is violated by the FCT Recipient or by some third party
with the knowledge of the FCT Recipient and the FCT Recipient
does not correct ,the violation within 30 days of notice of the
violation, fee simple title to all interest in the Project Site
shall be conveyed to the Board of Trustees of the Internal
Improvement Trust Fund. The FCT shall treat such property in
accordance with Section 380.508(4)(e), Florida Statutes.
4. Any transfer of the Project Site shall be subject to the
approval of FCT and FCT shall enter into a new agreement with the
transferee, containing such covenants, clauses, or other
restrictions as are sufficient to protect the interest of the
people of Florida.
5. The interest, if any, acquired by the FCT Recipient in
the Project Site will not serve as security for any debt of the
FCT Recipient unless FCT approves the transaction.
6. If the existence of the FCT Recipient terminates for any
reason, title to all interest in real property it has acquired
with the FCT award shall be conveyed to the Board of Trustees of
the Internal Improvement Trust Fund, unless FCT negotiates an
agreement with another local government or nonprofit organization
which agrees to accept title to all interest in and to manage the
Project Site.
7. In the event that the Project Site is damaged or
destroyed or title to the Project Site, or any part thereof, is
taken by any governmental body through the exercise or the threat
of the exercise of the power of eminent domain, the FCT Recipient
shall deposit with the FCT any insurance proceeds or any
condemnation award, and shall promptly commence to rebuild,
replace, repair or restore the Project Site in such manner as is
consistent with the Agreement. The FCT shall make any such
insurance proceeds or condemnation award moneys available to
provide funds for such restoration work. In the event that the
FCT Recipient fails to commence or to complete the rebuilding,
repair, replacement or restoration of the Project Site after
notice from the FCT, the FCT shall have the right, in addition to
any other remedies at law or in equity, to repair, restore,
rebuild or replace the Project Site so as to prevent the
occurrence of a default hereunder.
8. Notwithstanding any of the foregoing, FCT shall have
the right to seek specific performance of any of the covenants
and restrictions of this Agreement concerning the construction
and operation of the Project Site.
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IV. CONDITIONS RELATING TO THE PROJECT SITE.
1. The Project Site shall be managed only for the
conservation, protection and enhancement of natural resources and
for public outdoor --recreation which is compatible with the
conservation, protection and enhancement of the natural resources
that may occur on the Project Site, along with other related uses
necessary for the accomplishment of this purpose. The proposed
uses for the Project Site are specifically stated in Proposal 93-
001-CS1 approved by FCT.
2. The FCT Recipient -shall ensure that the future land use
designation assigned to the Project Site is for a category
dedicated to open space, conservation, or outdoor recreation uses
as appropriate. If an amendment to the FCT Recipient's
comprehensive plan is required to comply with this paragraph, the
amendment shall be proposed at the next comprehensive plan
amendment cycle available to the FCT Recipient.
3. FCT'Recipient shall ensure that all activities under
this contract comply with all applicable local, state, regional
and federal laws and regulations, including zoning ordinances and
the adopted and approved comprehensive plan for the jurisdiction
as applicable.
4. The FCT Recipient shall, through its agents and
employees, prevent the unauthorized use of the Project Site or
any use thereof not in conformity with the FCT approved
management plan.
5. FCT staff or its duly authorized representatives shall
have the right at any time to inspect the Project Site and the
operations of the FCT Recipient at the Project Site.
6. All buildings, structures, improvements, and signs
shall require the prior written approval of FCT as to purpose.
Further, tree removal, other than non-native species, and/or
major land alterations shall require the written approval of FCT.
The approvals required from FCT shall not be unreasonably with-
held by FCT upon sufficient demonstration that the proposed
structures, buildings, improvements, signs, vegetation removal or
land alterations will not adversely impact the natural resources
of the Project Site. The approval -by FCT of the FCT Recipient's
management plan addressing the items mentioned herein shall be
considered written approval from FCT.
8. If archaeological and historic sites are located on the
Project Site, the FCT Recipient shall comply with Chapter 267,
Florida Statutes. The collection of artifacts from the Project
Site or the disturbance of archaeological and historic sites on
the Project Site will be prohibited unless prior written
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authorization has been obtained from the Department of State,
Division of Historical Resources.
9. The FCT Recipient shall ensure that the Project Site is
identified as being publicly owned and operated as a natural
resource -based public outdoor recreational site in all signs,
literature and advertising regarding the Project Site.
V. OBLIGATIONS OF THE FCT RECIPIENT RELATING TO THE USE OF
BOND PROCEEDS
1. If the Project Site is to remain subject, after its
acquistion by the FCT Recipient and/or the Trustees, to any of
the below listed activities or interests, the FCT Recipient shall
provide at least 60 days advance written notice of any such
activity or interest to FCT, and shall provide to FCT such
information with respect thereto as FCT reasonably requests in
order to evaluate the legal and tax consequences of such activity
or interest:
a. any lease of any interest in the Project Site to
any person or organization;
b. the operation of any concession on the Project
Site to any person or organization;
C. any sales contract or option to buy things
attached to the Project Site to be severed from the Project Site,
with any person or organization;
d. any use of the Project Site by any person other
than in such person's capacity as a member of the general public;
e. a management contract of the Project Site with any
person or organization; and
f. such other activity or interest as may be
specified from time to time in writing by FCT to the FCT
Recipient.
2. FCT Recipient agrees and acknowledges that the
following transaction, events, and circumstances may be
disallowed on the Project Site as they may have negative legal
and tax consequences under Florida law and federal income tax
law:
a. a sale of the Project Site or a lease of the
Project Site to any person or organization;
b. the operation of a concession on the Project Site
by any person or organization;
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C. a sale of things attached to the Project Site to
be severed from the Project Site to any person or organization;
d. any change in the character or use of the Project
Site from that -use. -expected at the date of the_issuance of any
series of bonds from which the disbursement is to be made;
e. any use of the Project Site by any person other
than in such person's capacity as a member of the general public;
f. a management contract of the Project Site with any
person or organization; and
g. such other activity or interest as may be
specified from time to time in writing by FCT to the FCT
Recipient.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT
RECIPIENT AND,OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES,
OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT
SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE
RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON
THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO
ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE
CONTRACTING PARTY.
VI. CONDITIONS PARTICULAR TO THE PROJECT SITE AS A RESULT
OF THE FCT APPROVED MANAGEMENT PLAN
1. Coordination with the Game and Fresh Water Fish
Commission on the development of any facility at these sites and
the overall development of the sites to insure that adequate
consideration is given to the protection of listed plant species
and wildlife habitat.
2. Coordination with the Game and Fresh Water Fish
Commission, United States Fish and Wildlife Service, Florida Keys
Marine Sanctuary, and Division of Recreation and Parks in the
management of lands adjacent to or within the management
boundaries of state parks or wildlife refuges to further the
protection of listed wildlife species and their habitat.
3. Within a year of acquiring a parcel, development of a
specific site management plan that shall include (a) a survey of
the vegetative communities, listed plant species, and listed
species habitat; (b) a protection plan for listed plants,
imperiled and critically imperiled vegetative communities, and
listed species habitat and; (c) a restoration plan for all
parcels except for those designated for recreation or parcels
that are in pristine natural condition.
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4. The Project Sites shall be managed in a manner that
will optimize habitat conditions for the listed wildlife species
that utilize or could potentially utilize the Project Site.
5. The vegetative communities that occur on the Project
Sites shall be preserved and appropriately managed to ensure the
long-term viability of these communities.
6. The FCT Recipient shall coordinate with the Game and
Fresh Water Fish Commission on the management of the Project
Sites for the protection of listed species and listed species
habitat.
7. Invasive exotic vegetation that occurs on the Project
Sites shall be eradicated and shall be replaced with native
species. The FCT Recipient shall use the Exotic Pest Plant
Council's 1993 List Of Florida's Most Invasive Species list to
identify invasive exotic species on the Project Sites.
8. Annual monitoring of all parcels acquired to insure
that the goals and policies outlined in the management plan are
achieved.
9. The FCT Recipient shall develop plans for the
consolidation of scattered lots that are acquired under this
program.
In the event of a conflict between the terms of the Grant
Contract, the Management Plan or the Grant Proposal, the
controlling document shall be in the following priority: 1. The
Grant Contract; 2. The Management Plan; 3. The Grant Proposal.
This Contract including Exhibits "A", "B", licit; and "D"
embodies the entire contract between the parties.
I IN WITNESS WHEREOF, the parties hereto have duly executed
this Contract.
Ti -': ,a rA0- rman
Date: a H 3/ 9 9
Accepted as to Form nd Legal
Sufficiency:,-4— I
Da
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;OR CO
ITIES TRUST
Linda Loomis Shelley, Chair
Date:
Accepted as to Form and Legal
Sufficiency:
Date:
STATE OF FLORIDA
COUNTY OF LEON
The fo egoi g•instrument was
day of , 1994, by
of the Florida Communities Trust.
JQ� �lJr
STATE OF FLORIDA
COUNTY OF MONROE
FILE # 1 2 5 PG# 5 5 5
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acknowledged before me this
l
LINDA LOOMIS-SHELLEY, as Chair
Sha—�s personally known to me.
N16f-ary
0
�'_ommission KO.
My Commission E ires:
The foregoing instrument was acknowledged before me this "6th
day of MAY , 1994, by JACK LONDON , as
MAYOR/CHAIRMAN He\She is personally known to me.
i L. KOLHACE, CLERK
led 1_"1.s Cie3's�
GC/93-001-CS1-P3A
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AA
Notary PbblidJ
Print Name: Ruii1 41nn Zyan`vzC•.27
Commission No. <<_t`13o2Z
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RUTH ANN JANTZEN
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STATE OF FLORDA Comm E*12J30/95
BONDED
"EXHIBIT A" FILE 1256255
BK# 1. 2 4 PG# 5 5 6
FLORIDA COMMUNITIES TRUST
TECHNICAL ASSISTANCE BULLETIN: 02
WRI77NG A MANAGEMENT PLAN
The conceptual management plan submitted as a part of a Florida
Communities Trust ("FCT") grant application or proposal serves as a
basis for the management plan for project sites purchased with funds
from FCT. Materials and information gathered for the application or
proposal can and should be reflected in the plan where appropriate.
Conditions required in the Conceptual Approval Agreement or Grant
Agreement should be incorporated in the management plan. Location map,
boundary map, vegetative surveys, site plans, Conceptual Approval
Agreement, the recorded deed when it becomes available, and other
supporting documents should be included as exhibits or included in the
appendix of the management plan for future readers. The following
general outline identifies the range of issues to be addressed in the
management plan, )where applicable.
INTRODUCTION AND GENERAL INFORMATION
Provide information including the name of the project, the location
of the Project Site, and other general information such as a brief
resource description, and historical information relevant to site
management.
Provide a table of contents of the management plan.
PURPOSE OF THE PROJECT AND MANAGEMENT
Discuss the purpose for acquiring the Project Site and proposed
future uses consistent with statements made in the application or
proposal. Provide a summary of the comprehensive plan directives
that would be furthered by managing the site as proposed.
Commitments made in the application or proposal and reinforced by
conditions of the grant funding must be reflected in the management
plan.
Identify the principle objectives for managing natural resources and
compatible outdoor recreation.
Identify a procedure to amend the land use designation to
conservation, outdoor recreation, open space, or other similar
category once the land is acquired.
Include provisions to ensure that the Project Site is identified in
all signs, literature, and advertising as being publicly owned, open
to the public and operated as a natural resource conservation area,
outdoor recreation area, or other appropriate descriptive language,
and identifying the Project Site as having been purchased with funds
from the FCT and the Recipient.
Rev. 3/4/94
FI #1256255
SITE DEVELOPMENT, Imp-OVEMENTS AND ACCESS BK* i 7 2 4 PG# 5 5 7
Incorporate a provision for requesting written approval from the FCT
before undertaking any site alterations or physical improvements
that are not addressed in the FCT approved management plan.
Physical Improvements
Identify and locate existing and proposed physical improvements to
the Project Site on a master site plan. These might include such
things as signs, fences, walkways, recreational paths, campgrounds,
restrooms, educational space, utility corridors, parking areas and
buildings.
Identify any proposed alteration of land use or character, the
approximate area affected and how this activity will be coordinated
with the protection of listed plant and animal species. Identify any
permits or approvals that may be required for the development or
restoration work and a procedure for providing evidence to the FCT
prior to the initiation of any activity that all required licenses
and permits have been obtained.
Include the placement of at least one sign identifying the Project
Site as being open to the public, purchased with funds from FCT and
the Recipient, operated.as a natural resource conservation area,
outdoor recreation area, or other appropriate descriptive language.
Access
Identify how access to the Project Site will be provided. For
example, are parking places proposed on -site, and if so,
approximately how many spaces -or how much area will be devoted to
this use? If parking is not proposed on -site, are there existing or
proposed spaces adjacent to or sufficiently near the property?
Identify any proposed access to waterbodies including, but not
limited to, marinas, docks, boat ramps, fishing piers or viewing
platforms and the approximate size of the facility. Consider
providing bike paths to the site and bike racks at the site to
provide an alternative to automobile transportation to the Project
Site.
Access to Project Sites should be compatible with all state and
federal construction standards, including the Americans with
Disabilities Act.
Identify existing and proposed easements, concessions, or leases.
If easements, concessions, or leases are anticipated to be granted
on the Project Site, such proposed arrangements need to be
identified. These might include utility rights -of -way, flowage or
access easements, recreation or supply concessions, and leases or
other instruments that would allow grazing, timbering, agriculture,
or other revenue producing enterprises.
Include a procedure to provide 60 days prior written notice and
information regarding any lease of any interest, the operation of
any concession, any sale or option, any use other than by a member
Rev. 3/4/94 2
of the public, ana management contracts of th` Project Site with
non -governmental persons or organizations.
FILE #1256255
KEY MANAGEMENT ACTIVITIES BK#1 7 2 4 PG#5 5 B
Maintenance: Identify required maintenance activities, including
but not limited. to .trash removal, site cleanup, and facilities
upkeep. Identify the entity responsible for property maintenance.
Identify procedures to ensure that dumping of trash or hazardous
material does not occur on or adjacent to the Project Site.
Identify contemplated service contracts with private concerns such
as garbage removal, restroom cleaning, security guards, etc.
security: Identify the parties responsible for preventing
vandalism, trespassing, and other property damage. Identify
measures to protect the Project Site and the public using the site
such as on -site manager, security guards, neighborhood watch,
emergency phones, etc.
staffing: Identify the expected staffing requirements for
management of the Project Site including both permanent and
volunteer staff.
Natural resource protection: Identify the natural resources at the
Project Site and the issues, problems, and proposed management
techniques associated with protection of those natural resources.
Management techniques should include, but not be limited to, a
baseline survey of listed plant and animal species, protection of
listed plant and animal species, protection of imperiled or
critically imperiled vegetative communities, protection of
geological features, protection of surface water and groundwater
quality and hydrology and prescribed burns.
Identify monitoring activities to insure the continued viability of
vegetative communities and listed species found on the Project Site.
The monitoring plan should include periodic surveys of the
vegetative communities, listed plant species, and listed animal
species found on the Project Site. Provide for forwarding survey
information on the occurrence of listed plant and animal species to
the Florida Natural Areas Inventory.
Resource restoration and enhancement: Identify the primary
components of the Project Site enhancement and restoration effort,
if any. These might include removal of invasive exotic plant
species, removal of feral animals, restoration of wetlands,
improvement of surface water quality, recovery plan for listed
species, and restoration of uplands habitat. This section should
include a time frame for implementing and completing the activities
and a monitoring program to insure success of the resource
enhancement activities. Identify parts of the property that require
different degrees or types of enhancement management.
Archeological and historical resource protection: Identify any
archeological or historical sites on the Project Site and the
primary components of managing the archeological or historical
Rev. 3/4/94 3
sites. outline procedures to protect archeolc,,,ical or historical
sites that may be identified in the future.
Incorporate a provision that if any archaeological and historic
resources are discovered at the Project Site, the Recipient shall
comply with the provisions of Chapter 267, Florida Statues
specifically Sections 267.061 (2)(a) and (b). Provide for
coordination with the Division of Historical Resources, Florida
Ln Ln Department of State.
Ln Ln Coordination: Explain how the management of the site will be
N 0 coordinated with other adjacent land owners and other resource
LI) protection agencies. For example, in the case of prescribed burns,
ff) what measures will be used to minimize impacts on nearby residential
N d' properties? Identify measures to protect the Project Sites from
N adjacent off -site activities that might impact resources on the
r Project Site such as pesticide spraying on adjacent property, water
treatment facility discharging into creeks flowing through Project
Site, etc.
a �
H �
Include provisions to coordinate with other agencies for appropriate
guidance, recommendations, and necessary permits that may be related
to the Project Site, such as the following: the Florida Game and
Fresh Water Fish Commission and U.S. Fish and Wildlife Service to
avoid impacts to listed species; the Water Management District and
Department of Environmental Protection to ensure that development of
the Project Site is done in a manner to protect or improve water
quality; the Division of Forestry and the Game and Fresh Water Fish
Commission on the implementation of a prescribed burn program; other
local, state, or federal agencies special management plans, if
appropriate.
COST ESTIMATE AND FUNDING SOURCE
Identify the estimated costs of the various development and
management activities outlined in the management plan. For review
and analysis purposes, the estimated costs should be separated into
the same categories as the identified activities.
Identify the entity that will pay for development and management of
the Project Site and some measure of the commitment or capacity to
provide these monies. For example, adequate personnel and resources
in the local parks and recreation department may exist to address
the added burden associated with the Project Site. Identify any
citizen organization or non-profit groups committed to providing
services or funding and a measure of commitment or capacity to
provide these services.
PRIORITY SCHEDULE
Identify a proposed time line for implementing the development and
management activities of the management plan based on established
priorities and the availability of funds. Provide a graphic display
of the implementation time lines.
Rev. 3/4/94 4
MONITORING
FILE # 1 2 5 6; 1 5
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Identify procedures for assessing progress in achieving goals set
forth in the management plan such as the percentage of property
restored, inventory of species using the Project Site, etc.
Identify procedures for periodic amendment to the management plan,
when appropriate. Include a provision acknowledging responsibility
for preparing an annual stewardship report to the FCT, due on the
anniversary date on which the Project Plan was approved by FCT.
Rev. 3/4/94
FILE # 1 2 5 6 2 5 5
Exhibit "B" BK#1 7 2 4 PG#5 6 1
Rule 9R-5.010 Accounting Requirements. The grantee shall
maintain an accounting system which provides for a complete record
of the use of all funds connected with the grant. This accounting
system shall provide for:
(1) Accurate, current, and complete disclosure of the
financial results of the grant.
(2) Records that identify adequately the sources and
application of funds for all activities related to the
grant. In the absence of a proper accounting system
with accounts for source and application of funds, a
separate checking account may be used.
(3) Effective control over and accountability for all funds,
property, and other assets.
(4) Comparison of actual outlays with amounts in budget.
(5) Procedures to minimize the time elapsing between the
transfer of funds from the Trust and the disbursement by
the grantee.
(6) Procedures for determining reasonableness, allowability,
and allocability of costs.
(7) Accounting records that are supported by source
documentation, for example: invoices, bills, canceled
checks.
(8) An independent audit performed in accordance with
Section 11.45, Florida Statutes, and rules of the
Auditor General of the State of Florida. Such audits
should be conducted at least every two (2) years.
Specific Authority 259.101, 374.045, 380.507(11), F.S.
Law Implemented 259.101, 375.045, 380.510, F.S.
History --New 6-30-93.
Rule 9R-5.011 Retention of Accounting Records.
(1) Financial records, supporting documents, statistical
records, and all other records pertinent to a grant
shall be retained for a period of three years after the
end of the grant period or until an audit is completed.
If any litigation, claim, or audit is started before the
expiration of the three year period, the records shall
be retained until all litigation, claims, or audit
findings involving the records have been resolved.
GC/93-001-CS1-P3A
FINAL/3-04-94 1
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(2) The grantee shall make all grant records of
expenditures, copies of reports, books, and related
documentation available to the Trust, the Department, or
any duly authorized representatives of the state for
inspectiQ.n at a reasonable time for the purpose of
making audits, examinations, excerpts, and transcript.
Specific Authority 259.101, 374.045, 380.507(11), F.S.
Law Implemented 259.101, 375.045, 380.510, F.S.
History --New 6-30-93.
Rule 9K-5.012 General Audit Procedures. The Trust shall develop
a monitoring and audit schedule at the beginning of each grant
year to insure the adequate monitoring and audit of selected
grantees. All grantees that receive a matching grant shall
provide for examinations in the form of audits of their books and
accounts. This does not mean that each grant shall be audited
separately. The grantee may provide for a general audit of its
books performed in accordance with Section 11.45, Florida
Statutes, that would include the grant. The Trust may, at its
option, perform selected or complete audits of grants or grantees.
The potential for such an audit increases when one of the
following circumstances or conditions exist:
(1) First year grantees;
(2) Where a grants administrative official of the Department
or Trust determines that a grant report indicates that a
provision of the grant requirements has not been met or
a grant report has not been filed by the grantee;
(3) The grantee has a history of poor performance under a
Trust grant;
(4) The grantee is under investigation by another granting
agency.
Specific Authority 259.101, 374.045, 380.507(11), F.S.
Law Implemented 259.101, 375.045, 380.510, F.S.
History --New 6-30-93.
GC/93-001-CS1-P3A
FINAL/3-04-94
FILE # 1 2 5 6 2 5 5
EXHIBIT "Cn BK#1 7 2 4 PG#5 6 3
QUARTERLY PROGRESS REPORT
Please fill in all Project Identification information as
requested. The performance reports will be cumulative in terms of
information presented, but the Quarterly Report Period should
indicate only the date of the current quarterly period being
submitted.
Proiect Description should be a maximum of two paragraphs,
identifying the problem which this project addresses, the proposed
solution, implementation, or other proposed outcome of the
project. Please identify any partners working with the Recipient.
Proiect Acquisitions should list and briefly describe all
acquisitions identified in the Grant Proposal and Contract.
Proiect Progress by Quarter should become a cumulative report
throught the life of the project. Please address specific
progress made toward completion or satisfaction of each
acquisition. The acquisition itself need not be reiterated, but
the acquisition numbers should correspond with the Project
Acquistion numbers identified in the Project Acquisition section
above. Please identify completion of each acquisition where
appropriate.
PROJECT NAME:
FCT RECIPIENT:
PROPOSAL NUMBER:
PROJECT MANAGER:
EFFECTIVE DATE OF AWARD:
QUARTERLY REPORT PERIOD:
PROJECT DESCRIPTION:
GC/93-001-CS1-P3A
FINAL/3-04-94 1
PROJECT ACQUISITIONS:
Acquisition 1.
Acquisition 2.--
FILE # 1 2 5 6 2 5 5
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Acquisition 3.
(List all'acquistions listed in grant contract.)
PROJECT PROGRESS BY QUARTER:
1st Quarter (dates)
Acquisition 1.
Acquisition 2.
Acquisition 3.
(Describe any project implementation problems encountered, if
applicable.)
2nd Quarter (dates)
Acquisition 1.
Acquisition 2.
Acquisition 3.
(Describe any project implementation problems encountered, if
applicable.)
3rd Quarter (dates)
Acquisition 1.
Acquisition 2.
Acquisition 3.
(Describe any project implementation problems encountered, if
applicable.)
4th Quarter (dates)
Acquisition 1.
Acquisition 2.
Acquisition 3.
(Describe any project implementation problems encountered, if
applicable.)
GC/93-001-CS1-P3A
FINAL/3-04-94 2
FILE # 1 2 5 6 2 5 5
BK# 1 7 2 4 PG# 5 6 5
EXHIBIT "D"
ANNUAL STEWARDSHIP REPORT REQUIREMENTS
GC/93-001-CS1-P3A
FINAL/3-04-94
F �E #1256255
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EXHIBIT "D"
ANNUAL STEWARDSHIP REPORT REQUIREMENTS
Rule 9K-5.015, Florida Administrative Code requires the Recipient
of a grant award "from the Florida Communities Trust (FCT) to
prepare an annual stewardship report due on the anniversary of the
date on which the project plan was approved by the FCT governing
body. The annual stewardship report evaluates the Recipients
implementation of the approved management plan and verifies that
award conditions are being followed, that uses and management of
the project site are compatible with the protection of natural
resources, and that monitoring and survey information is used to
refine management of the project site.
At a minimum, the format and content of the proposed report should
include a table of contents; numbered pages; a section summarizing
the status of site development and key management activities; a
section identifying gross revenue received through fees, sales and
concessions if any; a section assessing new information and
outlining changes needed to update the adopted management plan; and
any appropriate supporting documents as attachments.
The section summarizing site development and key management
activities should address the status of each activity proposed in
the management plan approved by the FCT. These activities should
include all physical improvements, maintenance, security,
vegetation and animal surveys, exotic species control program,
educational program, prescribed burn program, and any other
activity proposed in the management plan. This information can be
presented in summary form as shown below.
Example Table: SUMMARY OF SITE DEVELOPMENT AND MANAGEMENT
ACTIVITY
MANG.PLAN
ON
BEHIND
CONTINU-
COMPLETED
PAGE NO.
SCHEDULE/
SCHEDULE
ING
NOT BEGUN
Any activity that is behind schedule must include a brief statement
explaining the reason for the delay and a new target date for its
completion. Completed activities should include a brief statement
explaining the end result.
The section identifying gross revenue received through the
collection of fees, sale of goods and services and other means
should identify the activity involved, the managing entity
receiving income and the gross amount of income received. This
information can be presented in summary form as shown below.
Example Table: SUMMARY OF REVENUE RECEIVED
ACTIVITY MANAGEMENT ENTITY GROSS AMOUNT RECEIVED
MONROE COUNTY
OFF.LCIIAL RECORDS