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Item C4 lAND AUTHORITY GOVERNING BOARD AGENDA ITEM SUMMARY Meeting Date: August 16, 2001 Bulk Item: Yes No X Department: Land Authority Agenda Item Wording: Approval of an interlocal agreement with the City of Marathon regarding the purchase of Rotary Park. Item Background: This item is proposed to provide recreational land and to coordinate closing issues with the City of Marathon. The Land Authority has entered into a contract to buy the Rotary Park site at US 1 and 75th Street Ocean in Marathon. The proposed interlocal agreement calls for the Land Authority to convey the property to the City at closing and for the City to grant a conservation easement back to the Land Authority. The City of Marathon would then proceed with developing the site with park facilities in partnership with Rotary Park. The Land Authority's conservation easement would limit future use of the property to conservation and recreation in accordance with the Preservation 2000 funding restrictions. Advisory Committee Action: On July 26, 2001 the Advisory Committee voted 3/0 to approve the proposed agreement. Previous Governing Board Action: On June 21, 2001 the Board approved the purchase of this property, with the closing contingent upon an interlocal agreement with the City of Marathon. Contract/Agreement Changes: N/A Staff Recommendation: Approval Total Cost: $ N/A Budgeted: Yes No Cost to Land Authority: $ N/A Approved By: Attorney ~ Executive Director Approval: OMB/Pur~ _ ""\'& I \ ark J. Rosch Risk Management Documentation: Included: X To Follow: Not Required: Disposition: Agenda Item LA #4 MONROE COUNTY LAND AUTHORITY/CITY OF MARATHON INTERLOCAL AGREEMENT ROTARY PARK SITE THIS INTERLOCAL AGREEMENT (the "Agreement"), is made and entered into this _ day of ,20_, by and between the Monroe County Comprehensive Plan Land Authority, a land authority established pursuant to section 380.0661, Florida Statutes, hereinafter referred to as "Land Authority," and the City of Marathon, Florida, a municipal corporation of the State of Florida, hereinafter referred to as "City." WHEREAS, the City is located within the Florida Keys Area of Critical State Concern; and WHEREAS, the City has nominated Tract B, Paraiso subdivision (hereinafter "subject property") for acquisition by the Land Authority for the purpose of providing land for public recreation; and WHEREAS, the subject property is subject to the rate growth controls established by either Policy 101.2.13 or Policy 101.3.1 of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, in accordance with the City's nomination, the Land Authority has entered into a contract to .purchase the subject property; and WHEREAS, the Land Authority's purchase contract is contingent upon the City accepting title to the subject property from the Land Authority and granting a conservation easement to the Land Authority at closing; and WHEREAS, the purpose of the conservation easement is to insure future use of the subject property is consistent with the Land Authority's enabling legislation and the restrictions associated with Preservation 2000 bond proceeds. NOW THEREFORE, the Monroe County Comprehensive Plan Land Authority hereby agrees to convey the subject property to the City of Marathon at closing and the City of Marathon does hereby agree to simultaneously grant the conservation easement identified in Attachment A to the Monroe County Comprehensive Plan Land Authority. The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, acting by and through its CHAIRMAN, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY this day of 20_. Page 1 of 2 ATTEST: (Seal) By: Mark J. Rosch, Executive Director Approved for Legal Sufficiency Larry R. Erskine MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY Nora Williams, Chairman The CITY OF MARATHON, acting by and through its MAYOR, has executed this agreement on behalf of the CITY OF MARATHON this day of , 20_. ATTEST: (Seal) By: City Clerk Approved for Legal Sufficiency CITY OF MARATHON Robert K. Miller, Mayor Page 2 of 2 ATTACHMENT A GRANT OF CONSERVATION EASEMENT THIS GRANT OF EASEMENT is made on this day of , 20_, by the City of Marathon, Florida, a municipal corporation of the State of Florida, of 10045-55 Overseas Highway, Marathon, Florida 33050, Grantor, to Monroe County Comprehensive Plan Land Authority, a land authority under Section 380.0663 (1), Florida Statutes and Monroe County Ordinance No. 031-1986, whose address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040, as Grantee. Recitals A) The Grantor is the owner of certain real property (the servient estate) located in Monroe County, Florida, more particularly described as Tract B, Paraiso subdivision, according to the plat thereof as recorded in Plat Book 5, Page 2, of the Public Records of Monroe County, Florida. B) This easement is a conservation easement created pursuant to Section 704.06, Florida Statutes, and is to be governed by, construed, and enforced in accordance with that statute along with applicable laws of the State of Florida. 1. Grant of easement. In consideration for the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt of which is hereby acknowledged, the Grantor hereby grants to Grantee the easement described below. 2. Easement area. The location of the easement area on the servient estate is as follows: all of Tract B, Paraiso subdivision, according to the plat thereof as recorded in Plat Book 5, Page 2, of the Public Records of Monroe County, Florida. 3. Restraints imposed by the conservation easement. The subject property was purchased with Preservation 2000 bond proceeds. The conservation easement granted by this instrument imposes the following restrictions on the future use of the servient estate within the easement area: a) No uses other than conservation and public recreation. b) No lease or conveyance of any property interest, including but not limited to transferable development rights of any kind. c) No revenue generating activities. d) No use by any person other than in such person's capacity as a member of the general public or as an employee of the City of Marathon. e) No management contracts with any party other than the State of Florida without the express written consent of the Grantee. f) No use as security for any debt. g) No construction or placing of billboards or other advertising. Signs identifying the site as Rotary Park and identifying park sponsors are not prohibited. h) No dumping or placing of trash, waste, or unsightly or offensive materials. i) No suffering, permitting, or allowing invasive exotic species such as Australian pine (spp. Casuarina), Brazilian pepper (Schinus terebinthifolius), or Latherleaf (Colubrina asiatica) to exist. Page 1 of 2 4. Terms and persons bound. This conservation easement is perpetual, runs with the land and is binding on all present and subsequent owners and mortgagees of the servient estate. Grantor represents that the mortgagee(s), if any, whose consent is attached hereto, is (are) the only mortgagee(s) having a security interest in the servient estate. 5. Modification of easement. No modification of this easement is binding unless evidenced in writing and signed by an authorized representative of the Grantee. 6. Attorney's fees. In the event of any controversy, claim or dispute arising under this instrument, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, including appeals. 7. Entry of Grantee's representative on the servient estate. The Grantee may enter upon the servient estate, after first furnishing the Grantor no less than 24 hours notice, for the purpose of inspection to determine the Grantor's compliance with this Grant of Easement. 8. Notice. Any notice provided for or concerning this grant of easement must be in writing and is sufficiently given when sent by certified or registered mail, or via an equivalent service furnished by a private carrier, to the respective address of each party as set forth at the beginning of this Grant of Easement. IN WITNESS WHEREOF, each party to this Grant of Easement has caused it to be executed on the date in the first sentence of this Grant of Easement. City of Marathon Witness Grantor By: Robert K. Miller, Mayor Witness STATE OF FLORIDA) SS: COUNTY OF MONROE) The foregoing instrument was acknowledged before me this day of , 20_ by ROBERT K. MILLER, MAYOR of the CITY OF MARATHON, who (check one) [ ] is personally known to me or [ ] has produced a Florida drivers license as identification. Notary Public, State of Florida My commission expires: Print Name: Page 2 of 2 2. L c.l YACHT BASIN IS KEY AD ",f'/ <>f>O~:'" p.\<' :,\'{\O~ ",p.~p. VACA KEY 11 1: Mile Marker 2 4 - 27 " ;g: 6 c- 4 . ., . !::: 2. - . !Y !Y >- >> . ~ <!@. i at @ !:ll 7 ~ I!!: \!!! 51 Island Vaca Key l' 1. 11 1, Property Paraiso Estates subdivision (Marathon Rotary Park Site) 1 . \ . 't... ...