Item P03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
September 19, 2001
Division:
County Attorney
Bulk Item: Yes 0 No 0
AGENDA ITEM WORDING:
Approval for the Mayor to execute addendum to grant contract and also a release from
conditions of grant contract - PS 95-001-CS3.
ITEM BACKGROUND:
This addendum is necessary for clarification purposes and to comply with grant requirement.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes 0 No 0
APPROVED BY:
County Attorney. OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL,('~~~
'J T. HE RICK
DOCUMENTATION: Included 0 To ollow 0 Not Required 0
AGENDA ITEM #
I-P3
This document prepared by:
Ann J. Wild
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399
PROJECT NAME Recreation and
Open Space
FLORIDA COMMUNITIES TRUST
PROPOSAL NUMBER 95-001-CS3
FLORIDA COMMUNITIES TRUST
AREA OF CRITICAL STATE CONCERN PROGRAM
ADDENDUM II TO GRANT CONTRACT
THIS ADDENDUM II to the Grant Contract is entered into by and
between the FLORIDA COMMUNITIES TRUST (" FCT" ), a nonregula tory
agency within the State of Florida Department of Community Affairs,
and MONROE COUNTY, a political subdivision of the State of Florida
("FCT Recipient"), this day of , 2001.
WHEREAS, the parties hereto entered into a Grant Contract
which sets forth the terms and conditions on the use of the
proceeds of certain bonds 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. The Grant Contract was recorded in
Official Records Book 1393, page 1901, of the Public Records of
Monroe County, Florida.
WHEREAS, the FCT Recipient has requested that FCT approve the
transfer of title to certain lands, as described in Exhibit "A"
attached hereto and made a part hereof ("Property"), acquired by
the FCT Recipient in the Project Site and subject to the terms of
the Grant Contract, to the City of Marathon ("City");
WHEREAS, Condition 111.4. of the Grant Contract states that
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.
WHEREAS, on
the transfer to
Recipient wi th
Contract.
August 22, 2001, the FCT governing body approved
the City of the Property purchased by the FCT
funds awarded under the terms of this Grant
WHEREAS, the conditions for property donations from the FCT
Recipient to the City have been established and the parties desire
to incorporate those conditions into the Grant Contract;
ADDII\95-001-CS3
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1
WHEREAS General Condition 1.4. states that the Grant Contract
may be amended at any time. The amendment must be set forth in a
written instrument and agreed to by both the FCT Recipient and FCT.
NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows:
1. Section III. 2 is hereby replaced, revised and superseded by
the following:
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 Contract recorded in
Official Record Book 1393, Page 1901, Public Records of
Monroe County, Florida, as amended. 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.
2. Section VII. is hereby added to read as follows:
VII. PROCEDURE TO RELEASE PARCELS TO THE CITY OF MARATHON
1. FCT governing body shall review and approve the parcel(s) for
which release is requested for compliance with the following
requirements:
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2
a. Grant Contract conditions shall be released only as to
the described parcel(s).
b. The City must confirm agreement to accept title to the
parcel(s) by acknowledgment of the release instrument.
c. The City must confirm the legal and tax consequences
under Florida and federal income tax law affecting the parcel(s)
under Preservation 2000 by acknowledgment of the release
instrument.
2. Upon compliance with
instrument shall be executed
by the City and recorded in
Florida.
Section VII. above, the release
by FCT and Recipient and acknowledged
the Public Records of Monroe County,
3. All terms and conditions of the Grant Contract still apply to '
all parcels retained by the FCT Recipient.
The date of execution of this addendum shall be the date that
the last party signs this addendum.
THIS ADDENDUM II TO GRANT CONTRACT, ADDENDUM I, the GRANT CONTRACT
and its Exhibits "A", "B", "C", and "D" embody the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this
ADDENDUM I I TO. GRANT CONTRACT
MONROE COUNTY
FLORIDA COMMUNITIES TRUST
BY:
Ti tIe: --1!1Il 'f ~ 2.
Janice Browning
Executive Director
Date:
Date:
Accepted as to Form and Legal
Sufficiency:
.- Date:
Date:
{SEAL'
ATTEST: DANNY L. KOLHAGE, aERK
BY
DEPUTY CLERK
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8/22/01
3
STATE OF FLORIDA
COUNTY OF LEON
The
day of
Director
to me.
foregoing instrument was acknowledged before me this ----
, 200_, by Janice Browning, as Executive
of the Florida Communities Trust. She is personally known
Notary Public
Print Name:
Commission No.
My Commission Expires:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this ----
day of 200_, by , as
He\She is personally known to me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
ADDII\95-001-CS3
8/22/01
4
LEGAL DESCRIPnON
MARATHON COMMUNITY PARK
A tract of land and submerged lands, being a part of Government Lot 3, Section 10,
Township 66 South, Range 32 East, at Marathon, Key Vaca, Monroe CountY, Florida,
lying Southerly and adjacent to US HIghway NO.1, and being more particularly described
by metes and bounds as foilows:
COMMENCING at the Intersection of the East line of said Government Lot 3 and the
Southerly right-of-way line of US Highway ~o. 1; bear S 74 degrees 20 mInutes 00
seconds W, along the Southerly right-of-way Une of US Highway No. 1 for 823.25 feet to
the POINT OF BEGINNING of the tract of land and submerged lands hereInafter
described, from said POINT OF BEGINNING continue bearing S 74 degrees 20 minutes
00 seconds W for 684.60 feet; thence S 15 degrees 40 minutes 00 seconds E for
1088.02 feet; thence bear N 74 degrees 20 minutes 00 seconds E for 506.60 feet;
thence bear N 06 degrees 22 minutes 00 seconds W for 1102.48 feet, back to the POINT
OF BEGINNING.
EXHIBIT A
This document prepared by:
Ann J. Wild
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399
PROJECT NAME Recreation and
Open Space
FLORIDA COMMUNITIES TRUST
PROPOSAL NUMBER 95-001-CS3
RELEASE FROM CONDITIONS OF GRANT CONTRACT
WHEREAS, Monroe County is the owner of that certain
Property, as described in Exhibit "A" attached hereto and made a
part hereof ("Property"), that is subject to the terms and
conditions of that certain Grant Contract, as amended, between
Florida Communities Trust ("FCT") and Monroe County (referred to
as "FCT Recipient" in the Grant Contract) recorded in Official
Record Book 1393, page 1901, of the Public Records of Monroe
County, Florida.
WHEREAS, Monroe County desires to convey the Property to
the City of Marathon(ICity"). By acknowledgment of this Release,
the City agrees to accept title to the Property.
WHEREAS, Monroe County and the. City have requested release
of the terms and conditions of the Grant Contract and FCT agrees
to such release;
WHEREAS, the Section VII. of the Grant Contract proviqes for
the procedure to release property from the terms and conditions
of the Grant Contract upon conveyance from Monroe County to the
Board of Trustees;
WHEREAS, Section III. 4 of the Grant Contract provides that
any transfer is subject to tne approval of FCT and FCT shall
enter into a agreement with the transferee sufficient to protect
the interest of the people of Florida, and FCT has approved the
transfer of the Property to the City, subject to certain
conditions;
WHEREAS, the City hereby acknowledges these conditions by
acceptance of this Release;
RELEASE\95-00 l-CS3
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1
WHEREAS, Section 1.4 of the Grant Contract provides that the
Grant Contract may be amended by agreement set forth in a
written instrument and agreed to by both Monroe County and FCT;
NOW THEREFORE, FCT and Monroe County mutually agree as follows;
1. The Grant Contract is hereby amended, only as to the
Property to be conveyed by Monroe County to the City, to
all conditions except for the following conditions which
apply to the Property:
delete
still
I. 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
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
ATTN: Executive Director
City:
City of Marathon
ATTN:
FCT Recipient:
Monroe County
ATTN:
II. 15. The FCT Recipient hereby agrees to fully comply
wi th the applicable accounting" retention of accounting records,
and auditing requirements as described in Rule 9K-5.010-.~12,
F.A.C.
V. FCT Recipient agrees and acknowledges that the
following transactions, 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:
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1. a sale of the Project Site or a lease of the Project
Site to any person or organization;
2. the operation of a concession on the Project Site by
any person or organization;
3. a sale of things attached to the Project Site to be
severed from the Project Site to any person or organization;
4. 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;
5. any use of the Project Site by any person other than in
such person's capacity as a member of the general public;
and
6. a management contract of the Project Site with any
person or organization.
2. All terms and conditions of the Grant Contract still apply
to all parcels retained by Monroe County.
NOW THEREFORE, by acknowledgment of this Release, the City
confirms the following;
1. The City agrees to accept title to the released Property.
2. The City acknowledges the legal and tax consequences under
Florida and federal income tax law affecting the property under
Preservation 2000 listed in item V. above.
IN WITNESS WHEREOF, the parties have executed and acknowledged
this Release, effective the date the last party signs this
Release.
Witnesses:
MONROE COUNTY
Print Name:
By:
Print
Title:
Date:
Approved aSA~v~@J;Y\T
Sufficienc~ND
By:
Date:
Name: c'Ui.4~ N~ U("f.-NT
flI\ f4r '-I b R.....
Print Name:
DATE
RELEASE\95-00 l-CS3
8/22/01
(S!AL)
ATTEST: DANNY l. KOLHAGE, a.ERK
3
BY
DEPUTY CLE'RK
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this ____ day of
, 200_, by , as
He\She is personally known to me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
Witnesses:
FLORIDA COMMUNITIES TRUST
By:
Janice Browning
Executive Director
Date:
Approved as to form and legal
Sufficiency
By:
Date:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this ____ day of
, 200_, by Janice Browning, as Executive Director of the
Florida Communities Trust. She is personally known to me.
Acknowledged:
Notary Public
Print Name:
Commission No.
My Commission Expires:
Witnesses:
Print Name:
City of Marathon
By:
Print Name:
Title:
Date:
Print Name:
Approved as to form and legal
Sufficiency
By:
Date:
RELEASE\95-00 l-CS3
8/22/01
4
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this ____ day of
, 200_, by , as
on behalf of the City of Marathon. He/She is personally known to me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
RELEASE\95-00 l-CS3
8/22/01
5
LEGAL DESCRIPTION
MARATHON COMMUNITY PARK
A tract of land and submerged lands, being a part of Government Lot 3, Section 10,
TownshIp 66 South, Range 32 East, at Marathon, Key Vaca, Monroe CountY, Florida,
lying Southerly and adjacent to US Highway No.1, and being more particularly described
by metes and bounds as follows:
COMMENCING at the intersection of the East line of said Government Lot 3 and the
Southerly right-of-way line of US Highway No.1; bear S 74 degrees 20 mInutes 00
seconds W, along the Southerly right-of-way ~ine of US Highway No.1 for 823.25 feet to
the POINT OF BEGINNING of the tract of land and submerged lands hereinafter
described, from said POINT OF BEGINNING continue bearing S 74 degrees 20 minutes
00 seconds W for 684.60 feet; thence S 15 degrees 40 minutes 00 seconds E for
1088.02 feet; thence bear N 74 degrees 20 minutes 00 seconds E for 506.60 feet;
thence bear N 06 degrees 22 minutes 00 seconds W for 1102.48 feet, back to the POINT
OF BEGINNING.
EXHIBIT A