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Item P04 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 93-001-CSI. 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 DIRECTORAPPROVAL~~~ . S T. NDRI K DOCUMENTATION: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # 1-..1>'1 This document prepared by: Ann J. Wild Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 PROJECT NAME Rate of Growth Control FLORIDA COMMUNITIES TRUST PROPOSAL NUMBER 93-00l-CSl FLORIDA COMMUNITIES TRUST AREA OF CRITICAL STATE CONCERN PROGRAM ADDENDUM V TO GRANT CONTRACT THIS ADDENDUM V to the Grant Contract is entered into by and between the FLORIDA COMMUNITIES TRUST (" FCT" ), a nonregula tory agency wi thin the State of Florida Department of Communi ty 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 condi tions 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 1306, page 417, 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, o~ - other restrictions as are sufficient to protect the interest of the people of Florida. WHEREAS, on August 22, 2001, the FCT governing body approved the transfer to the City of the Property purchased by the FCT Recipient wi th funds awarded under the terms of this Grant Contract. WHEREAS, the conditions for property transfers from the FCT Recipient to the City have been established and the parties desire to incorporate those conditions into the Grant Contract; ADDV/93-001-CS1 8/22/01 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 or transfers 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 subj ect to the covenants and restrictions as set forth in that certain Grant Contract recorded in Official Record Book 1306, Page 0417, 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 VIII. is hereby added to read as follows: VIII. 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: 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. ADDV/93-001-CS1 8/22/01 2 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 Section VIII. above, the release instrument, shall be executed by FCT and Recipient and acknowledged by the City and recorded in the Public Records of Monroe County, Florida. 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 V TO GRANT CONTRACT, ADDENDUM IV, ADDENDUM III, ADDENDUM II, 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 V TO GRANT CONTRACT. MONROE COUNTY FLORIDA COMMUNITIES TRUST BY: Title: !Y\~'10 F-- Janice Browning Executive Director Date: Date: Accepted as to Form and Legal Sufficiency'!,PPROVED AS TO FORM ~ND L - Al SUFFIC Accepted as to Form and Legal Sufficiency: Date: Date: DATE 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. STATE OF FLORIDA COUNTY OF MONROE Notary Public Print Name: Commission No. My Commission Expires: The foregoing instrument was acknowledged before me this _ day of 200_, by _________________________, as He\She is personally known to me. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY DEPUTY CLERK Notary Public Print Name: Commission No. My Commission Expires: ADDV/93-001-CS1 8/22/01 3 EXHIBIT A Real Property in Monroe County, Florida, as follows: Parcel A: Parcel B: Parcel C: Lots 23 through 32, Block 21, CocoPlum Beach Subdivision, as recorded at Plat Book 4, Page 166, Public Records of Monroe County, Florida. Lot 9, Block 53, Crain's Subdivision, as recorded at Plat Book 1, page 51, Public Records of Monroe County, Florida. Lots 1 through 3, Block lA, Sunset Bay Subdivision, as recorded at Plat Book 5, page 46, Public Records of Monroe County, Florida. This document prepared by: Ann J. Wild Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 PROJECT NAME Rate of Growth Control FLORIDA COMMUNITIES TRUST PROPOSAL NUMBER 93-001-CS1 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 1306, page 0417, of the Public Records of Monroe County, Florida. WHEREAS, Monroe County desires to convey the Property to the City of Marathon("City"). 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 VIII. of the Grant Contract, as amended, provides for the procedure to release property from the terms and conditions of the Grant Contract upon conveyance from Monroe County to the City; WHEREAS, Section III. 4 of the Grant Contract, provides that any transfer is subject to the approval of FCT and FCT shall enter in-to a agreement with the' transferee sufficient to p-rotect 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\93-00 l-CS 1 8/22/01 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 FCTi NOW THEREFORE, FCT and Monroe County mutually agree as follows; 1. The Grant Contract is hereby amended, only as to the Property, described in Exhibit "A" attached hereto and made a part hereof, to be conveyed by Monroe County to the City and to delete all conditions except for the following conditions which still apply to the Property: 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 Recipie~t hereby agrees to fully comply with the applicable accounting, retention of accounting records, and auditing requirements as described in Rule 9K-5.010-:012, 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: RELEASE\93-00 l-CS 1 8/22/01 2 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 By: Print Title: Date: Approved as to form and Sufficiencv"PPROVED AS TO FO By : AND L SUFF IE Date: .- Print Name: Name: 0We6€ MA'-{fJlc Nf;tX,fjVr Pf~~lT Name: ATTEST: DANNY L. k'OLHAGE, aERK BY nllTE DEPUTY CLERK RELEASE\93-00 1-CS 1 8/22/01 3 STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this ____ day of 1 200_1 by , as He\She is personally known to me. Notary Public Print. Name: Commission No. My Commission Expires: Witnesses: FLORIDA COMMUNITIES TRUST Print Name: By: Janice Browning Executive Director Date: Approved as to form and legal Sufficiency By: Date: Print Name: STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this ____ day of 1 200_, by Janice Browning, as. Executive Director of the Florida Communities Trust. She is personally known to me. Notary Public Print Name: Commission No. My Commission Expires: Acknowledged: Print Name: City of Marathon By: Print Name: Title: Date: Witnesses: Print Name: Approved as to form and legal Sufficiency By: Date: RELEASE\93-00 l-CS 1 8/22/01 4 STATE OF FLORIDA COUNTY OF MONROE 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\93-00 l-CS 1 8/22/01 5 EXHIBIT A Real Property in Monroe County, Florida, as follows: Parcel A: Parcel B: Parcel C: Lots 23 through 32, Block 21, CocoPlum Beach Subdivision, as recorded at Plat Book 4, Page 166, Public Records of Monroe County, Florida. Lot 9, Block 53, Crain's Subdivision, as recorded at Plat Book 1, page 51, Public Records of Monroe County, Florida. Lots 1 through 3, Block lA, Sunset Bay Subdivision, as recorded at Plat Book 5, page 46, Public Records of Monroe County, Florida.