Item P05
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 - PIA Award #91-041-PIA.
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 APPROVA~Wr
' ES . HENDRICK
DOCUMENTATION: Included 0 0 Fo 'ow 0 Not Required 0
AGENDA ITEM #
I"P~
This instrument prepared by:
Ann J. Wild
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
FLORIDA COMMUNITIES TRUST
P1A AWARD# 91-041-P1A
AMENDMENT I
GRANT AWARD AGREEMENT
THIS AMENDMENT I to the GRANT AWARD AGREEMENT is entered
into this __ day of , 2001, by and between the FLORIDA
COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the
State of Florida Department of Community Affairs, and MONROE
COUNTY, a political subdivision of the State of Florida ("FCT
Recipient"), in order to impose terms, conditions, and
restrictions on the use of the proceeds of certain bonds,
hereinafter described, and the lands acquired with such proceeds
and as described in Exhibit "A" attached hereto and made a part
hereof ("Project Site"), as shall be necessary to ensure
compliance with applicable Florida Law and federal income tax law
and to otherwise implement provisions of Chapters 259, 375 and
380, Florida Statutes.
WHEREAS, FCT and FCT Recipient entered 'into a Grant Award
Agreement dated February 10, 1995, and recorded in Official
Records Book 1352, page 0227, Public Records of Monroe County,
Florida, as Exhibit "A" to the warranty deed conveying title to
the Project Site;
WHEREAS, the FCT Recipient has requested that FCT approve
the transfer of title to the Project Site, acquired by the FCT
Recipient and subject to the terms of the Grant Award Agreement,
to the City of Marathon;
WHEREAS, in accordance with the requirements of Secti~n
380.510(2) (b), Florida Statutes, Section II.2. of the Grant
Award Agreement states that any transfer of the Project Site
shall be subject to approval of FCT and FeT 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;
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WHEREAS, on August 22, 2001, the FCT governing body approved
the transfer, subject to certain conditions, to the City of
Marathon of the Project Site purchased by the FCT Recipient with
funds awarded under the terms of the Grant Award Agreement;
WHEREAS, the purpose of this Amendment is to amend the Grant
Award Agreement to provide for conditions for the transfer of the
Project Site to the City of Marathon;
WHEREAS, General Conditions paragraph 3 of the Grant Award
Agreement states that this Agreement 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;
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
that the Grant Award Agreement is hereby amended as follows:
Section VI. is hereby added as follows:
VI. CONDITIONS FOR CONVEYANCE OF PROJECT SITE TO THE CITY OF
MARATHON
1. Monroe County and the City of Marathon shall provide written
notification to FCT of acceptance of the grant conditions
and terms of the transfer.
2. FCT governing board shall consider and approve the proposed
transfer and the proposed deed transferring title from
Monroe County to the City of Marathon.
3. Monroe County and FCT shall execute this Amendment I to the
Grant Award Agreement.
4. Deed transferring title from Monroe County to the City of
Marathon shall reference the recorded Grant Award Agreement
using the following language:
By acceptance of this warranty deed, grantee her~in
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 Award
Agreement attached to the warranty deed to Monroe
County as recorded in Official Record Book 1352, Page
0227, 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 Award Agreement
are violated by the grantee or by some third party with
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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 Award Agreement 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.
5. Deed transferring title from Monroe County to the City of
Marathon and this Amendment I to the Grant Award Agreement
shall be recorded in the Public Records of Monroe County,
Florida. The original recorded deed shall be provided to
the City of Marathon, with a copy to FCT. The original
recorded Amendment I to the Grant Award Agreement shall be
provided to FCT, with a copy to the City of Marathon.
This Amendment I to the Grant Award Agreement, and the Grant
Award Agreement, embody the entire agreement between the parties.
Upon execution and delivery by the parties hereto, the FCT
Recipient shall cause this Amendment I to be recorded in the
public records of Monroe County, Florida.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement.
Witness:
MONROE COUNTY
Witness Name:
BY:
Its:
Date:
Witness Name:
Attest:
Clerk
Date:
GAAAMDI/91-041-P1A
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3
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this ____ day of
, 200_, by ,
as of He is personally known to
me, or has produced as identification.
Notary Public
Print Name:
Corrunission No.
My Commission Expires:
FLORIDA COMMUNITIES TRUST
Witness Name:
Janice Browning
Executive Director
Date:
Witness Name:
Accepted as to Legal Form and
Sufficiency:
Ann J. Wild, Trust Counsel
Date:
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this ____ day of
, 200_, by ,
as of She is personally known to
me, or has produced as identification,
Notary Public
Print Name:
Commission No.
My Commission Expires:
GAAAMD1/91-041-P1A
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4
Exhibit "A"
Lots 50, 51, 51, 53, 54, 55 and 56 in Block 21, of COCO PLUM
BEACH, as recorded in Plat Book 4, at Page 166, of the Public
Records of Monroe County, Florida.
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This document prepared by:
Ann J. Wild
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399
PROJECT NAME Coco Plum Beach
FLORIDA COMMUNITIES TRUST
FCT Project #91-041-P1A
RELEASE AND ACCEPTANCE OF CONDITIONS OF GRANT AWARD AGREEMENT
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 Award Agreement, as amended,
between Florida Communities Trust ("FCT") and Monroe County
(referred to as "FCT Recipient" in the Grant Award Agreement)
recorded as Exhibit "A" in Official Record Book 1352, page 0227,
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 has requested release of the terms
and conditions of the Grant Award Agreement and.FCT agrees to
such release;
WHEREAS, the Section VI. of the Grant Award Agreement
provides for the procedure to release property from the terms
and conditions of the Grant Award Agreement tract 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 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;
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;
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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 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 Recipient 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 kegal
and tax consequences under Florida law and federal income tax
law:
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;
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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 Na~~)
b.TTEST: DANNY L. KOLHAGE, aERK
By:
Print
Title:
Date:
Approved
Sufficie
By:
Date:
Name: ~ljJAl NfO"wr
M A-'-f fJ"R-
Print Name:
,y
DEPUTY CLERK
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:
Conunission No.
My Conunission Expires:
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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.
Notary Public
Print Name:
Commission No.
My Commission Expires:
Acknowledged:
Witnesses:
City of Marathon
By:
Print Name:
Title:
Date:
Print Name:
Print Name:
Approved as to form and legal
Sufficiency
By:
Date:
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:
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EXHIBIT A
Lots 50, 51, 51, 53, 54, 55 and 56 in Block 21, of COCO PLUM
BEACH, as recorded in Plat Book 4, at Page 166, of the Public
Records of Monroe County, Florida.
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