Item T7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 17. 2002
Division:
County Administrator
Bulk Item: Yes -X-
No
Department: County Administrator
AGENDA ITEM WORDING: Approval of an interlocal agreement and conservation easement with
the Monroe County Land Authority for the Mariners Resort park site.
ITEM BACKGROUND: The proposed agreement formalizes the arrangement for the Land Authority
to acquire the Mariners Resort park site with Preservation 2000 funds and convey the property to the
County for development as a park. At closing, the County would grant back to the Land Authority a
conservation easement limiting future use of the site in accordance with Preservation 2000 restrictions.
The conservation easement limits future use to recreation and conservation and imposes restrictions on
certain activities such as leases, conveyances (including development rights), revenue generation,
private use and management contracts. There are similar restrictions on the Key Largo Community
Park due to acquisition with Preservation 2000 funds.
PREVIOUS RELEVANT BOCC ACTION: On March 20,2002, sitting as the Land Authority, the
Board approved a contract to purchase the Mariners Resort property,
CONTRACT/AGREEMENT CHANGES: None.
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes
No-X. AMOUNTPERMONTH_ Year
DIVISION DIRECTOR APPROVAL:
OMB/Purchasin~ Risk Management_
'~~~4
James L. Roberts
APPROVED BY: County Atty--X-
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # T7
Revised 2/27/01
MONROE COUNTY LAND AUTHORITY/MONROE COUNTY
INTERLOCAL AGREEMENT
MARINERS RESORT 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 Monroe County Board of County
Commissioners, a political subdivision of the State of Florida, hereinafter referred to as
"County."
WHEREAS, the County plans to acquire, develop, and maintain the property identified in
Attachment A (hereinafter "subject property") for the purpose of providing a community park;
and
WHEREAS, the property in Attachment A is subject ta the rate growth controls established by
the Monroe County Ordinance #16-1992, codified as Section 9.5-120 et seq. of the Monroe
County Land Development Regulations; and
WHEREAS, in accordance with the County's plans, 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 County 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 Monroe County at closing and Monroe County does hereby
agree to simultaneously grant the conservation easement identified in Attachment B 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_.
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MAR-2S-02 16'4ti FROM ' MONROE COUNTY ATTY OPFICE IO'30&~8~3&le
PAQE
2/6
ATIEST;
MONRoe COUNTY COMPREHENSIve
PLAN LANO AUTHORITY
(Sew I)
By:
Mark J. ROICh, ElCecl./tive Director
Nora Williams, Chllrman
Approved for Legal SuffIciency
larry R, ErskIne
Tl'le MONROe COUNTY SOARD OF COUNTY COMMISSIONERS, acting by ilnd through Its
CHAIRMAN/MAYOR, his executed this agreemont on beharf of MONROE COUNTY this
day of I 2002,
ATTEST'
DANNYL. KOLHAOE, CLERK
(Seal)
MONROE COUNTY
By; Deputy Clerk
Charles McCoy, Chairman/Mayor
Monroe County Board of
County CommIssIoners
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IO'j ~OO'ON OO:~I
GO, SO ;.:ldtJ
18IS-S6Z-S0~:GI
^lI~OHln~ GN~l 'J'W
A IT ACHMENT A
Mariners Resort Park Site
Tract A, Whispering Pines subdivision Plat #3 as recorded in Plat Book 4 at Page 59 in the
Public Records of Monroe County, Florida.
RE# 286360-000000
A IT ACHMENT B
GRANT OF CONSERVATION EASEMENT
THIS GRANT OF EASEMENT is made on this day of , 20_, by
Monroe County, a political subdivision of the State of Florida, of 500 Whitehead Street, Key
West, Florida 33040, 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 in Attachment A
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 that property
described in Attachment A
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 without the express written consent of the Grantee,
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 Monroe County,
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
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.
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
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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 af Easement.
Monroe County
Grantor
Witness
By: Charles McCoy, Chairman/Mayor
Manroe County Board of County
Commissioners
Witness
STATE OF FLORIDA)
SS:
COUNTY OF MONROE)
The foregoing instrument was acknowledged before me this day of ,
20_ by CHARLES MCCOY, CHAIRMAN/MAYOR of the MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, 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:
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