03/08/2021 Agreement Doc 0 2314649 Bldt 3090 Pgk 620
Prepared by: Recorded 4/16/2021 2:40 PM Page I of 19
Angie Tomlinson
Division of Historical Resources
500 5sL Filed and Recorded in Official Records of
Tallahassee,
e,F FL 32301 MONROE COUNTY KEVIN MADOK,CPA
PRESERVATION COVENANT AGREEMENT
For an Emergency Supplemental Historic Preservation Fund
Hurricanes Harvey,Inns,and Maria Recovery Subgranl
INTRODUCTION
This preservation covenant agreement is made the 8th day of March 20 21 ,between Monroe
County Board of County Commissioners (Subgrantee](hereafter referred to as the"Grantor")and the Florida
Department of State,Division of Historical Resources,as the State Historic Preservation Office(hereafter referred to
as the"Grantee").This preservation covenant agreement is entered for the purpose of preserving the Key West
Lighthouse and Keener's Ouarters [Name of Property(,a building that is important culturally,historically,and
architecturally.
I. The Subject Property,This agreement creates a presentation covenant on real estate legally described in the
attached Exhibit"A,"which is the site of the Key West Lighthouse and Keeper's Ouarters [Name of Property],
located at 938 Whitehead Street,Kev West,Monroe County,FL 33040 (Street Address,City,County,State,
ZIP](hereafter referred to as the"Subject Property").
2. Grant of Preservation Covenant.In consideration of the sum of5138.932.00 (Subgrant Amount]received in
grant-in-aid financial assistance from the Grantee pursuant to a subgrant funded by an Emergency Supplemental
Historic Preservation Fund,Hurricanes Harvey,Irma,and Maria Recovery("ESHPF-HIM")grant awarded to the
Grantee by the National Park Service of the United States Department of the Interior("NPS"),the Grantor hereby
makes and declares this preservation covenant,which shall run with the title to the Subject Property for the purpose
of assuring preservation of the Key West Lighthouse and Keeper's Ouarters [Name of Property].
3. Covenant required for Federal subgrant.This preservation covenant is entered into as a condition of the
eligibility of the Grantor for the financial assistance from Grantee and the NPS appropriated from the Historic
Preservation Fund for the ESHPF-HIM Grant Program.
4. Conditions of Covenant:
a. Duration. This preservation covenant is granted for a period of 20 years[550,001—100,000:fifteen(15)
years;or$100,001 and above:twenty(20)years],commencing on the date when it is filed with the Monroe
County Clerk of Court_[Name of County Recorder's Office].
b. Documentation of condition of the Subject Property at time of grant of this covenant In order to make more
certain the full extent of Grantor's obligations and the restrictions on the Subject Property,and in order todocument the nature and condition of the Subject Property,including significant interior elements in spatial
context,a list of character-defining materials,features and spaces is incorporated as Exhibit"B"at the end of
this agreement.The Grantor has provided to the Grantee architectural drawings of the floor plans. To
complement Exhibit"B,"Grantor personnel have compiled a photographic record,including photographer's
affidavit,black and white photographs and negatives,or electronic image files saved as high resolution images,
photograph logs,and a keyed location map.The Grantor agrees that the nature and condition of the Subject
Property on the date of execution of this preservation covenant is accurately documented by the architectural
drawings and photographic record,which shall be maintained for the life of this covenant in the Grantee's file
for the Subject Property.
a Restrictions on activities that would affect historically significant components of the Subject Property.The
Grantor agrees that no construction,alteration,or remodeling or any other activity shall be undertaken or
permitted to be undertaken on the Subject Property which would affect historically significant interior spaces
and features identified in Exhibit"B,"exterior construction materials,architectural details,form,fenestration,
height of the Subject Property,or adversely affect its structural soundness without prior written permission of
the Grantee affirming that such reconstruction,repair,repainting,refinishing,rehabilitation,preservation,or
restoration will meet the Secretary of the Interior's Standards jar the Treatment of Historic Properties
(hereinafter referred to as the`Standards").
d Restrictions on activities that would affect archeological resources. The Grantor agrees that no ground
disturbing activity shall be undertaken or permitted to be undertaken on the Subject Property which would
affect historically significant archeological resources identified in Exhibit"B"without prior written permission
of the Grantee affirming that such work will meet The Secretary of the Interior's"Standards for Archeology and
Historic Preservation'.
e Maintenance of recovered materials. The Grantor agrees to ensure that any data and material recovered will be
placed in a repository that will care for the data in the manner prescribed in the Standards for Archeology and
Historic Preservation or will comply with the requirements of the Native American Graves Protection and
Repatriation Act,and with 36 CFR 79 and 43 CFR 10.
f Duty to maintain the Subject Properly. The Grantor agrees at all times to maintain the Subject Property in a
good and sound state of repair and to maintain the Subject Property, including the Lighthouse; Keeper's
Quarters;Giftshop:Cistern;Oil House;Shed_[Other structures or features of the site!,according to the
Standards so as to prevent deterioration and preserve the architectural and historical integrity of the Subject
Property in ways that protect and enhance those qualities that make the Subject Property eligible for listing in
the National Register of Historic Places.
g. Public access. The Grantor agrees to provide public access to view the grant-assisted work or features no less
than 12 days a year on an equitably spaced basis. The dates and times when the Subject Property will be open to
the public must be annually published and provided to the Grantee. At the option of the Grantor,the relevant
portions of the Subject Property may also be open at other times by appointment, in addition to the scheduled 12
days a year.Nothing in this agreement will prohibit a reasonably nondiscriminatory admission fee,comparable
to fees charged at similar facilities in the area.
h. Right to inspect.The Grantor agrees that the Grantee,its employees,agents and designees shall have the right to
inspect the Subject Property at all reasonable times,with twenty-four hours written notice,in order to ascertain
whether the conditions of this preservation covenant agreement are being observed.
i.. Anti-discrimination,The Grantor agrees to comply with Title VI of the Civil Rights Act of 1964(42 U.S.C.
2000d),the Americans with Disabilities Act(42 U.S.C. 12204),and with Section 504 of the Rehabilitation Act
of 1973(29 U.S.C.794).These laws prohibit discrimination on the basis of race,religion,national origin,or
disability.In implementing public access,reasonable accommodation to qualified disabled persons shall be
made in consultation with the Grantee.
j. Covenant shall run with the land;conditions on conveyance. This preservation covenant shall run with the land
and be binding on the Grantor,its successors,and assigns.The Grantor agrees to insert an appropriate reference
to this preservation covenant in any deed or other legal instrument by which it divests itself of either the fee
simple title or other lesser estate in the Subject Property or any part thereof.
k. Casualty Damage or Destruction. In the event that the Subject Property or any part of it shall be damaged or
destroyed by fire,flood,windstorm,earth movement,or other casualty,the Grantor shall notify the Grantee in
writing within 14 days of the damage or destruction,such notification including what, if any,emergency work
has already been completed.No repairs or reconstruction of any type,other than temporary emergency work to
prevent further damage to the Subject Properly and to protect public safety,shall be undertaken by the Grantor
without the Grantee's prior written approval indicating that the proposed work will meet the Standards.The
Grantee shall give its written approval, if any,of any proposed work within 60 days of receiving the request
from the Grantor. If after reviewing the condition of the Subject Property,the Grantee determines that the
features,materials,appearance,workmanship,and environment which made the Subject Property eligible for
listing in the National Register of Historic Places has been lost or so damaged that its continued National
Register listing is in question,the Grantee will notify the Keeper of the National Register in writing of the loss.
The Keeper of the National Register will evaluate the findings and notify.the Grantee in writing of any decision
to remove the Subject Properly from the National Register. If the Subject Properly is removed,the Grantee will
•
then notify the Grantor that the agreement is null and void. If the damage or destruction that warrants the
Subject Property's removal from the National Register is deliberately caused by the gross negligence of the
Grantor or future owner,then the Grantee will initiate requisite legal action to recover,at a minimum,the
Federal grant funds applied to the Subject Property which will then be returned to the U.S.Treasury.
I Enforcement.The Grantee shall have the right to prevent and correct violations of the terms of this preservation
covenant. If the Grantee,upon inspection of the Subject Property,finds what appears to be a violation,it may
exercise its discretion to seek injunctive relief in a court having jurisdiction.Except when an ongoing or
imminent violation will irreversibly diminish or impair the cultural,historical and architectural importance of
the Subject Property,the Grantee shall give the Grantor written notice of the violation and allow thirty(30)days
to correct the violation before taking any formal action,including,but not limited to.legal action. Ifa court,
having jurisdiction,determines that a violation exists or has occurred,the Grantee may obtain an injunction to
stop the violation,temporarily or permanently. A court may also issue a mandatory injunction requiring the
Grantor to restore the Subject Property to a condition that would be consistent with preservation purposes of the
subgrant from Grantee of ESHPF-HIM funds from the National Park Service.In any case where a court finds
that a violation has occurred,the court may require the Grantor to reimburse the Grantee and the Florida
Attorney General for all the State's expenses incurred in stopping,preventing and correcting the violation,
including but not limited to reasonable attomey's fees.The failure of the Grantee to discover a violation or to
take immediate action to correct a violation shall not bar it from doing so at a later time.
m_ Amendments. The parties may by mutual written agreement jointly amend this preservation covenant,provided
the amendment shall be consistent with the preservation purpose of this preservation covenant and shall not
reduce its term of duration.Any such amendment shall not be effective unless it is executed in the same manner
as this preservation covenant, refers expressly to this preservation covenant,and is filed with the Monroe
County Clerk of Court !Name of County Recorder's Office!.
n. f fective date:severability.This preservation covenant shall become effective when filed by the Grantor in
Monroe County Clerk of Court !Name of County Recorder's Office!,with a copy of the recorded
instrument provided to the Grantee for its preservation covenant file. If any part of this preservation covenant
agreement is held to be illegal by a court,the validity of the remaining pans shall not be affected,and the rights
and obligations of the panics shall be construed and enforced as if the preservation covenant agreement does
not contain the particular part held to be invalid.
[INTENTIONALLY LEFT BLANK]
GRANTOR: Monroe County Board of County Commissioners
MONROE COUNTY ATTORNEY'S OFFICE
APPROVED AS TO FORM
By: (
omayAdmin Pl �1� M (-)
County Administrator KPH U�
ANT COUNTY ATTORNEY
DATE: <r`- /4- Q1 /
STATE OF FLORIDA, MONROE COUNTY, ss:On this I Iirt day of facijjgi ,20 20 ,before
me the undersigned,a Notary Public for said State,personally appeared Roman Gastesi ]Name of Person],to me
personally known,who stated that he is County Administrator for Monroe County Board of County
Commissioners ]Title and Organization],that no seal has been procured by said local government,and that the
foregoing instrument was signed on behalf of said local government by authority of its Board of County
Commissioners,and that as such officer,he acknowledged that he executed the foregoing instrument as his
voluntary act and
and the voluntary act of the local government.
IIZYGNGNG IIE
NO ARY Pl; IC� t WCOIIIYBSIONYGG most
Ix D�1RE&fraii5,2a24
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GRANTEE: Florida Department of State,Division of Historical Resources
By: Ivtille_
Timo y • . `arsons, h.D.
Director:nd State Historic Preservation Officer
STATE OF FLORIDA,LEON COUNTY,ss:On this Bit‘ day of /'1wsi'x ,20A,before me
the undersigned,a Notary Public for said State,personally appeared Timothy A.Parsons,who stated that he is the
duly appointed and actively serving Director,Florida Department of State,Division of Historical Resources,and
State Historic Preservation Officer,and that he executed the foregoing preservation covenant agreement as his
voluntary act
and as the voluntary
act of the Florida Department of State,Division of
/✓�I i�L�J Historical Resources. F{4
?rO cilAtv�= D - -
NOTARYPUBLICi � 7
ak r61 n H / ��e- I6
"i4. SINRONN.COSTEI10
f' IA Catalan/GO2113174
Baas December k4N1* 11 isK01M1111
EXHIBIT A
Legal description of the Key West Lighthouse and Keeper's Quarters 'Name of Property'
THAT CERTAIN PIECE OF PARCEL OF LAND ON THE ISLAND OF KEY WEST BEING A PART OF
TRACT NUMBER 3(THREE)AS DESIGNATED ON THE MAP OF PLAN OF SAID ISLAND, DELINEATED
BY WILLIAM A WHITEHEAD, FEBRUARY, 1829 AND COMMENCING AT THE SOUTHEAST CORNER
OF SAID TRACT 3 (THREE) ON WHITEHEAD STREET OF THE CITY OF KEY WEST EXTENDED AND
RUNNING THENCE WESTWARDLY ON THE LINE BETWEEN TRACT NUMBER 3 (THREE) AND 10
(TEN)TWO HUNDRED AND ONE FEET(201 FEET);THENCE IN A NORTHERLY DIRECTION AT RIGHT
ANGLES WITH SAID LINE ONE HUNDRED AND EIGHTY NINE FEET FOUR INCHES (189 4/12 FEET);
THENCE IN AN EASTERLY DIRECTION TO WHITEHEAD STREET AFORESAID TWO HUNDRED AND
ONE FEET(201 FEET). THENCE ALONG WHITEHEAD STREET TO THE PLACE OF BEGINNING.
EXHIBIT B
Baseline Documentation
Key West Lighthouse and Keeper's Quarters
To remain eligible for listing on the National Register of Historic Places, a property must be able to convey its
significance. The following character-defining materials,spaces,and features have been identified as those that help
convey the significance of the Key West Lighthouse and Keeper's Owners_ [Name of Property!. Photo
documentation is attached.
Significant Interior Spaces and Features
• Lighthouse Interior
• Keeper's Quarters Interior
Significant Exterior Spaces and Features
• Lighthouse
• Keeper's Quarters Building
• Giftshop
• Cistern
• Shed
• Oil House
EXHIBIT B
Baseline Documentation
Key West Lighthouse and Keeper's Quarters
To remain eligible for listing on the National Register of Historic Places, a property must be able to convey its
significance. The following character-defining materials,spaces,and features have been identified as those that help
convey the significance of the Key West Lighthouse and Keeper's Quarters (Name of Property]. Photo
documentation is attached.
Significant Interior Spaces and Features
• Lighthouse Interior
• Keeper's Quarters Interior
Significant Exterior Spaces and Features
• Lighthouse
• Keeper's Quarters Building
• Giftshop
• Cistern
• Shed
• Oil House
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