Item C35 C.35
County f � .�� ��� BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
f` Mayor Pro Tem Craig Cates,District 1
The Florida Keys Michelle Coldiron,District 2
Vacant,District 3
--' Holly Merrill Raschein,District 5
County Commission Meeting
February 16, 2022
Agenda Item Number: C.35
Agenda Item Summary #9909
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Patricia Eables (305)292-3477
N/A
AGENDA ITEM WORDING: Approval of First Amendment to Agreement with Tropical Bay
Property Owners Association, Inc. for payment of annual fees increasing from $125 per lot to $150
per lot retro-active to January 1, 2020, for maintenance costs related to County owned lots in the
subdivision and to clarify that these costs are subject to periodic increases.
ITEM BACKGROUND: As part of the County's density reduction initiative and conservation
efforts, the County purchased an initial seven (7) lots in the Tropical Bay Subdivision from various
owners and anticipated the purchase of other lots in the future. Two (2) additional lots were
subsequently purchased in 2018 and 2020 with the County now owing nine (7) lots. The Tropical
Bay Property Owners' Association, Inc. ("Tropical Bay POA") maintains vacant lots, does
mangrove maintenance, and other vegetative/grounds and canal banks upkeep and its homeowner
members pay association fees. The County is exempt from becoming a member of the Tropical Bay
POA pursuant to Article VII, Section 10 of the Florida Constitution. The County wants to be a
"good neighbor" and have its lots maintained and has agreed to pay certain associated costs for the
maintenance and upkeep of all County-owned lots.
In the initial Agreement, the County agreed to pay the Tropical Bay POA an annual fee of$125 per
lot for these services and any other related special assessments for the upkeep of the lots currently
owned and any subsequently purchased lots. The Tropical Bay POA, approved its budget for the
year 2020, increasing the dues per lot from $125.00 to $150.00. This First Amendment seeks to re-
establish the County's intent to participate in the services provided by the Tropical Bay POA for the
mowing and maintenance of its vacant lots, mangroves, and canal banks, and to authorize payment
of any costs incurred by the Tropical Bay POA in providing such services. The increased fees were
approved by its Board in January 2020 and the Amendment seeks payment of those fees retroactive
to January 2020 and thereafter for all nine County-owned lots. The Amendment also provides that
any increase in fees will be paid upon submission of proper proof from the Tropical Bay POA to
reflect any fee increase.
PREVIOUS RELEVANT BOCC ACTION:
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April 12, 2017 BOCC granted approval and authorized execution of Contracts for the purchase of
two (2) lots identified as Block 1, Lot 7 and Block 2, Lot 3 in the Tropical Bay
Second Addition.
May 17, 2017 BOCC granted approval and authorized execution of Contracts for the purchase of
five (5) lots identified as Block 1, Lot 2, Tropical Bay Second Addition and Block
9, Lot 2, Block 10, Lot 8, Block 11, Lot 10 and Block 12, Lot 1, all in the
Tropical Bay Third Addition.
June 15, 2017 BOCC purchased Block 2, Lot 3, Tropical Bay Second addition from Maui
Enterprises, Inc.
June 22, 2017 BOCC purchased Block 1, Lot 7, Tropical Bay Second Addition from Robert
Hook and Teresa Hook.
June 30, 2017 BOCC purchased Block 11, Lot 10, Tropical Bay Third Addition from Richard J.
Johnson.
June 30, 2017 BOCC purchased Block 12, Lot 1, Tropical Bay Third Addition from Richard J.
Johnson.
July 7, 2017 BOCC purchased Block 9, Lot 2, Tropical Bay Third Addition from John Parker.
July 10, 2017 BOCC purchased Block 10, Lot 8, Tropical Bay Third Addition, from Bryan L.
Arndt and Lisa K. Arndt.
July 11, 2017 BOCC purchased Block 1, Lot 2, Tropical Bay Second Addition from Joseph E.
Gleason.
Oct. 18, 2017 BOCC granted approval and authorized execution of a Contract for the purchase
from Thomas C. Bowie, et al. of one lot identified as Block 6, Lot 1, Tropical Bay
Third Addition.
Dec. 13, 2017 BOCC approved an Agreement with Tropical Bay POA to establish the County's
intent to participate in the services provided by the Tropical Bay POA for the
mowing and maintenance of its vacant lots, mangroves, and canal banks, and to
authorize payment of any costs incurred by the Tropical Bay POA in providing
such services. While the County will not be a member of the Tropical Bay POA,
it is the intention of the parties hereto that the County shall have any and all other
rights and benefits conveyed to any other property owner as a member of the
Tropical Bay POA, including use of any shared common area.
Sept. 19,2018 BOCC granted approval of the purchase from Linda A. Vincelli, of one lot
identified as Block 4, Lot 2, Tropical Bay Third Addition.
Nov. 5, 2018 BOCC purchased Block 4, Lot 2, Tropical Bay Third Addition from Linda A.
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Vincelli.
Jan. 9, 2020 BOCC purchased Block 6, Lot 1, Tropical Bay Third Addition from Thomas C.
Bowie, et al.
CONTRACT/AGREEMENT CHANGES:
The purpose of this First Amendment is to reestablish the County's intent to participate in the
services provided by the Tropical Bay POA for the mowing and maintenance of its vacant lots,
mangroves, and canal banks, and to authorize payment of any increased costs incurred by the
Tropical Bay POA in providing such services. These costs are subject to change periodically and this
Amendment provides for approval to pay increased costs upon submission of proper documentation.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
02-16-2022_First Amendment Agreement-Tropical Bay (Final legal stamped)-Partial Exec
01-26-2020_TBPOA 2020 Annual Meeting Minutes
FULLY EXECUTED Tropical Bay POA Agreement app by BOCC 12 13 17 (06) from Clerk 12 15
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FINANCIAL IMPACT:
Effective Date: Annual increase from $125 to $150 per lot retro-active to January 1, 2020
Expiration Date: Agreement continues until lots are sold or transferred. The annual costs are
subject to change periodically.
Total Dollar Value of Contract: $ 1,350.00 annually ($150 per lot—9 lots)
Total Cost to County: $ 1,350.00 annually
Current Year Portion: $ 1,350.00
Budgeted: Yes
Source of Funds: Ad Valorem
CPI: No
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: No
County Match: No
Insurance Required: Properties will be covered under the County general liability policy.
Additional Details: County currently owns nine (9)lots with annual costs increasing from
$125.00 per lot to $150.00 per lot for maintenance costs. This is retro-active to January 1,
2020, as approved in the Tropical Bay POA 2020 Budget at an annual meeting.
Yes
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12/13/17 001-20501 - FACILITIES MAINTENANCE $875.00
Annual fees of$125 per County owned lot
REVIEWED BY:
Patricia Eables Completed 02/01/2022 3:29 PM
William DeSantis Completed 02/01/2022 3:29 PM
Purchasing Completed 02/01/2022 3:36 PM
Budget and Finance Completed 02/01/2022 3:37 PM
Maria Slavik Completed 02/01/2022 4:07 PM
Liz Yongue Completed 02/01/2022 4:24 PM
Board of County Commissioners Pending 02/16/2022 9:00 AM
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FIRST AMENDMENT TO AGREEMENT
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This FIRST AMENDMENT TO AGREEMENT is made and entered into this 16th day of
February,2022,by and between MONROE COUNTY,FLORIDA,a political subdivision of the
State of Florida, hereinafter "COUNTY," and TROPICAL BAY PROPERTY OWNERS
ASSOCIATION, INC., a Florida not for profit corporation, hereinafter"TROPICAL BAY"or .
"TROPICAL BAY POA,"for upkeep and maintenance fees of certain lots in the Tropical Bay
Subdivision identified herein. �--
WITNESSETH:
WHEREAS, Tropical Bay Subdivision in Big Pine Key, Florida, is a dui recorded
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subdivision as recorded in Plat Book 4,Page 102 [First Addition];Plat Book 5,Page 73 [Second
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Addition];and Plat Book 5,Page 81 [Third Addition] of the Public Records of Monroe County,
Florida;and
WHEREAS,County,as part of its density reduction initiative and conservation efforts,is
purchasing identified properties in Monroe County to protect property rights,to reduce density,
and to reduce the County's potential liability for takings suits;and
WHEREAS, the County identified certain lots located in the Tropical Bay Subdivision
which qualified for this purpose and initiated the purchase of an initial seven(7)such lots in 2017 —
and anticipated the potential purchase of additional lots in the future;and
WHEREAS, the Board of County Commissioners ("BOCC"), at its April 12, 2017,
meeting approved the purchase of two (2)lots identified as 30360 Harding Road,Big Pine Key, 2
Florida,and Block 1,Lot 7,Tropical Bay Second Addition,Big Pine Key,Florida. At its May 17, 0.
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2017, meeting, the Board approved the purchase of five (5) lots identified as Block 1, Lot 2,
Tropical Bay Second Addition; Block 9, Lot 2, Tropical Bay Third Addition; Block 10, Lot 8,
Tropical Bay Third Addition;Block 11,Lot 10,Tropical Bay Third Addition and Block 12,Lot 1,
Tropical Bay Third Addition,all in Big Pine Key,Florida;and
WHEREAS,at its December 13,2017,meeting,the BOCC and Tropical Bay POA entered
into an Agreement, ("Original Agreement"), whereby it agreed, among other matters, that the
County would pay for Tropical Bay POA to include the above identified seven(7)lots and any 03
subsequently purchased lots owned by the County in its yard, mangroves, canal banks, and
vegetative maintenance program,and that the County would pay an annual fee for the maintenance
of each such lot in the amount of One Hundred Twenty-five and 00/100($125.00)Dollars,since
the County is exempt from becoming a member of the Tropical Bay POA, as set forth in the
Original Agreement;and e
WHEREAS,the BOCC at its October 18,2017,meeting approved the purchase of one(1) N
additional lot from Thomas C.Bowie,Kimberly D. Shacklock,Wade Hampton Bowie II,James CD
Clemens Bowie, Barbara B. Hopkins, and Pamela K. Lawrence n/k/a Pamela Beard Jones,
described as Block 6, Lot 1, Tropical Bay Third Addition (PB 5-81), with parcel identification N
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number 00313650-000000, in Big Pine Key, Florida, which was subsequently purchased on
January 9,2020;and
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WHEREAS, the BOCC at its September 19, 2018, meeting approved the purchase of
another lot from Linda A.Vincelli,described as Block 4,Lot 2,Tropical Bay Third Addition(PB
5-81),with parcel identification number 003 1 3 520-000000,in Big Pine Key,Florida,which was 76
subsequently purchased on November 5,2018;and 2
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WHEREAS,the County currently owns the nine(9)lots identified herein that are located
within the areas maintained by the Tropical Bay POA;and U
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WHEREAS,County wants to re-establish its intent to properly maintain its lots,currently
owned or subsequently purchased, and provide for mowing of the vacant lots, mangrove 76
maintenance,and any and all other vegetative or grounds or canal banks upkeep and maintenance
even though it will not be a member of the Tropical Bay POA;and CL
WHEREAS,the Tropical Bay POA,approved its budget for the year 2020,increasing the
dues per lot from One Hundred Twenty-five and 00/100($125.00)Dollars to One Hundred Fifty
and 00/100($150.00)Dollars;and n
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WHEREAS, language of the Original Agreement was not specific as to whether the
County would pay any future increases in the annual maintenance payments or if the amount was
only restricted to the One Hundred Twenty-five and 00/100($125.00)Dollars,which was the fee
at the time of entering into the Agreement. The purpose of this First Amendment is to clarify that
the County will pay any additional increases in the annual maintenance fees,which may change
periodically, upon submission of proper documentation from Tropical Bay POA to reflect the _
increased fees;and
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WHEREAS,the County also desires to correct the address to which the notice for annual
maintenance fees shall be delivered to the County;
NOW,THEREFORE,in consideration of the mutual covenants and conditions contained
herein and for other good and valuable consideration, the County and Tropical Bay agree as 2
follows:
1. The purpose of this First Amendment is to reestablish the County's intent to
participate in the services provided by the Tropical Bay POA for the mowing and maintenance of E
its vacant lots,mangroves,and canal banks,and to authorize payment of any costs incurred by the
Tropical.Bay POA in providing such services consistent with members of the Tropical Bay POA.
The County recognizes that these maintenance costs are subject to change periodically and desire
to pay any future increased costs upon submission of proper documentation from Tropical Bay
POA to support the increased fees for any lots currently owed or subsequently purchased by the
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2.. Paragraph 4, FEES, of the Original Agreement, is hereby amended to delete the
current paragraph 4 and replace it in its entirety with the following paragraph which shall be
retroactive to January 1,2020: CL
4. In return for having Tropical Bay POA include Lots 3,7, 10, 1,2/3rd Addn.,
8, and 2/2nd Addn., and Lots 2 and 1/3rd Addn., currently owned by the County and any 76
subsequently purchased lots in its yard, mangroves, canal banks, and vegetative 0.
maintenance program, County shall make annual payments of One Hundred Fifty and
00/100($150.00)Dollars per lot to the Tropical Bay POA,retroactive to January 1,2020,
since the County will not be a member of the Association for the upkeep of such lots. The U
initial payment for the lot maintenance fees shall be due and payable upon receipt of a
notice from the Tropical Bay POA identifying each lot. Payment thereafter shall be made
on or before the 31 st day of December in each succeeding year as long as the County still
owns each lot.These costs are subject to change periodically and the County agrees to pay
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any increase in the annual payments upon submission of proper proof from the Tropical
Bay POA. Proper proof of documentation shall include,but not be limited to,the Minutes
of an Association meeting at which the increased fee was approved by its members and/or
an Annual Budget reflecting the increased fees. The notice for maintenance fees shall be
directed to Monroe County,Attention:Facilities Maintenance Department, 123 Overseas76
Highway—Rockland Key,Key West,Florida 33040. Payments shall be made payable to CD
the Tropical Bay POA and directed to Tropical Bay POA at P. O. Box 430522,Big Pine m
Key,Florida 33043. 76
The County shall not be responsible for payment of any other annual or special assessments
established by the Tropical Bay POA, unless said special assessment would relate to the
yard,mangroves,canal,or vegetative maintenance program. In only such event,shall the
County pay a special assessment of the Tropical Bay POA. U
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3. In all other respects,the Original Agreement,between the parties remains in full
force and effect,unless amended herein.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF,each party hereto has caused this Agreement to be executed by
its duly authorized representative on the day and date first written above. CL
(SEAL) BOARD OF COUNTY COMMISSIONERS 76
Attest: KEVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA .20.
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BY: BY:
As Deputy Clerk Mayor/Chairperson
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WITNESSES: TROPICAL BAY PROPERTY OWNERS
ASSOCIATION,INC.
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ess Signature
Printed Name:_ 'i C' Printed Name:
Title: tc�t C � 1
Witness Signature
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Witness Signature
Printed Name: Printed Name:
Title:
Witness Signature
Printed Name:
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Tropical Bay Property Owners Association
A Corporation Not-for-Profit
ANNUAL MEMBERS MEETING MINUTES
January 26, 2020
The membership of the Tropical Bay Property Owners Association (TBPOA) met for a
dinner meeting at the Lord of the Seas Lutheran Church at 4:30 PM. Director Paul Rogers and ,
Coldwell Banker Real Estate provided a dinner of Salad, Chicken, Roast Potatoes, Macaroni and
Cheese, vegetables and desserts. TBPOA provided non-alcoholic drinks. Following a social hour
and dinner, the annual meeting was conducted. c
President Tony Baglini welcomed all present and called the meeting to order at 6:14 PM. c
Mr. Baglini invited those present to introduce themselves. There were 40 individuals present,
representing 29.5 individual lots and constituting a quorum.
Recording Secretary Harriet Lindsay-Arndt read the annual meeting minutes from
January 26, 2019. Millie Kreuscher made a motion to accept the minutes with Kay Niemeyer
seconding the motion. P
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Officers' Reports— ca
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President Toni Baglini thanked all board members and directors for their service during the
2019 year and spoke of the resignation of John Terry who was elected president at last annual
meeting following sale of his property in Tropical Bay. He asked all officers and directors to
stand and be recognized. President Baglini also asked Brian Vest of the Conch Republic Marine _
Army to stand and be recognized for his work in organizing volunteer teams to clean up canals
from the destruction of Hurricane Irma. Mr. Vest is also an owner and resident of Tropical Bay,
and TBPOA canals were among the many that the Conch Republic Marine Army cleaned this
year.
A special thanks was extended to Director Paul Rogers and the Schmitt Real Estate Company,
Coldwell Banker, for providing the delicious food for our dinner. It certainly was enjoyed!
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The board has had a very active year with six board meetings. New signs have been installed
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with one outstanding yet to be received. The board voted to raise dues per lot from $125 to ca
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$150 to fund the following activities—a) mowing vacant lots at approximately$5,000; 2) i
trimming canal bank vegetation at$10,000; and 3) repairs and new signage at the Association's
boat storage lot. A new website has also been created—tropical bayestates.org.
Treasurer's Report—Treasurer Janet Rogers reported that income and expenses were on
budget. Income was $26,895 and expenses were $43 less than budgeted. On a motion by
Nancy Blouch, seconded by Millie Kreuscher, the Treasurer's report was filed for audit.
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Corresponding Secretary—Nancy Bloch reported she had a rough start without much c
orientation. She thanked Treasurer Janet Rogers for all the help and for going to the mailbox to
get all communications since Nancy is not a full-time resident.
Community Grounds Committee—Director Maria Perez reported that the mangroves are
currently being trimmed and that work should be completed within the next week. The
contractor is in the third and final year of the contract. ,
Deed Restrictions— Director Alfred Kreuscher reported for the committee that there are still
properties that are recovering from Hurricane Irma. However, there are currently deed c
restriction violations that the board has discussed at its recent board meeting. The board plans
to communicate the re-establishment of the deed restrictions and move forward to get y
properties back into compliance.
Architectural Review Committee—Directors Michael Bloch and Al Kreuscher reported that
there are two new constructions—one each on Flamingo and Sunset.
Crime Committee—No reported crime.
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New Business- CO
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Treasurer Rogers presented the draft budget for 2020 based on $26,895 in income and
responded to any questions. A motion by Nancy Bloch, seconded by Millie Kreuscher, was
made to accept the budget as the 2020 year; the motion carried.
President Baglini asked Brian Vest of the Conch Republic Marine Army to speak about the
efforts the Marine Army have been making to rid the Keys, and particularly Big Pine, of the
ravishes of Hurricane Irma. Mr. Vast urged everyone to volunteer with the Marine Army to
continue the clean-up work in the canals and waterfront.
Door prize drawings were conducted to distribute plants provided by TBPOA.
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There being no further new business to come before the meeting and no further members
seeking recognition, upon a motion duly made by Michael Bloch, seconded by Brian Vast, the
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motion unanimously carried, and the President stated that the meeting was adjourned at the CO
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hour of 7:05 PM.
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Dated: Jan. 26, 2020 r `, e4
Harriet A. Lindsay-Arndt
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Kevin Madok, CPA
3o :� Clerk of the Circuit Court& Comptroller— Monroe County, Florida
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DATE: December 15, 2017 0
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TO: Kathy Peters, CP
County Attorney's Office 76
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FROM: Pamela G. Hancock, D.C.
SUBJECT: December 13th BOCC Meeting
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Attached is an electronic copy of the following items, for your handling:
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06 Agreement with Tropical Bay Property Owners Association, Inc. for payment of annual fees
of$125.00 per lot for maintenance costs related to County owned lots in the subdivision. P
S5 Extension Agreement of a Contract with Interisk Corp. for insurance consulting services. _
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Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
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cc: Finance E
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AGREEMENT
This AGREEMENT is made and entered into this 13th day of December, 2017, by and
between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, 0.
hereinafter "COUNTY," and TROPICAL BAY PROPERTY OWNERS ASSOCIATION,
INC., a Florida not for profit corporation, hereinafter "TROPICAL BAY" or "TROPICAL BAY
POA," for upkeep and maintenance fees of certain lots in the Tropical Bay Subdivision identified .
herein.
WITNESSETH:
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WHEREAS, Tropical Bay Subdivision in Big Pine Key, Florida, is a duly recorded
subdivision as recorded in Plat Book 4, Page 102 [First Addition]; Plat Book 5, Page 73 [Second
Addition]; and Plat Book 5, Page 81 [Third Addition] of the Public Records of Monroe County,
Florida; and c
WHEREAS, County, as part of its density reduction initiative and conservation efforts,
is purchasing identified properties in Monroe County to protect property rights, to reduce
density, and to reduce the County's potential liability for takings suits; and
WHEREAS, County has identified certain lots located in the Tropical Bay Subdivision
which qualify for this purpose and has initiated the purchase of seven such lots and anticipates
the potential purchase of additional lots in the future; and
WHEREAS, the Board of County Commissioners at its April 12, 2017, meeting
approved the purchase of two (2) lots identified as 30360 Harding Road, Big Pine Key, Florida,
and Block 1, Lot 7, Tropical Bay Second Addition, Big Pine Key, Florida. At its May 17, 2017,
meeting, the Board approved the purchase of five (5) lots identified as Block 1, Lot 2, Tropical
Bay Second Addition; Block 9, Lot 2, Tropical Bay Third Addition; Block 10, Lot 8, Tropical
Bay Third Addition; Block 11, Lot 10, Tropical Bay Third Addition and Block 12, Lot 1,
Tropical Bay Third Addition, all in Big Pine Key, Florida; and CL
WHEREAS, property owners of the Tropical Bay Subdivision, First Addition, Second
Addition and Third Addition, formed a property owners association and incorporated as the .
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Tropical Bay Property Owners Association, Inc. on May 25, 1971; and c
WHEREAS, Tropical Bay recorded an Amended Deed Restriction for Tropical Bay
Subdivision, First Addition, Second Addition, and Third Addition, in the Official Records of
Monroe County, Florida, in Book 1464 at Page 1 on June 26, 1997, which imposes certain
restrictions upon each and every lot, parcel, or part of said land, and said Declaration constitutes
covenants to run with the land; and
WHEREAS, all property owners within the Tropical Bay Subdivision are all members of
the Tropical Bay POA; and
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WHEREAS, the Amended Deed Restriction sets forth certain use restrictions,
membership and association voting rights, annual and special assessments and enforcement
rights for the benefit of the Association and its members;
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WHEREAS, County, however, is exempt from becoming a member of the Tropical Bay CL
POA, pursuant to Article VII, Section 10 of the Florida Constitution, and is also immune from
any restrictive covenants; and
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WHEREAS, County wants to properly maintain its lots and provide for mowing of the 0
vacant lots, mangrove maintenance, and any and all other vegetative or grounds or canal banks
upkeep and maintenance even though it will not be a member of the Tropical Bay POA; and
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WHEREAS, while the County will not be a member of the Tropical Bay POA, it is the
intention of the parties hereto that the County shall have any and all other rights and benefits
conveyed to any other property owner as a member of the Tropical Bay POA, including use of
any shared common area; and c
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NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein and for other good and valuable consideration, the COUNTY and TROPICAL
BAY agree as follows:
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1. PURPOSE. The purpose of this Agreement is to establish the County's intent to
participate in the services provided by the Tropical Bay POA for the mowing and maintenance of
its vacant lots, mangroves, and canal banks, and to authorize payment of any costs incurred by
the Tropical Bay POA in providing such services.
2. PREMISES. On June 15, 2017, County purchased from Maui Enterprises, Inc.,
a Florida corporation, for density reduction purposes that certain lot identified as Block 2, Lot 3, E
Tropical Bay, Second Addition (PB 5-73) with Parcel Identification Number 00313300-000000,
known as 30360 Harding Road, Big Pine Key, Florida 33043 (hereinafter "Lot 3"). On June 22,
2017, County purchased from Robert Allen Hook and Teresa Mosbaugh Hook, for density
reduction purposes that certain lot identified as Block 1, Lot 7, Tropical Bay, Second Addition
(PB 5-73), with Parcel Identification number 00313240-000000, known as vacant land, Prince
Road, Big Pine Key, Florida 33043, (hereinafter"Lot 7"). ca
On June 30, 2017, County purchased from Richard J. Johnson, for density reduction
purposes that certain lot identified as Block 11, Lot 10, Tropical Bay, Third Addition (PB5-81),
with Parcel Identification number 00314220-600000, known as vacant land, Hawk Lane, Big
Pine Key, Florida 33043, (hereinafter "Lot 10"). On June 30, 2017, County purchased from
Richard J. Johnson, for density reduction purposes that certain lot identified as Block 12, Lot 1,
Tropical Bay, Third Addition (PB5-81), with Parcel Identification number 00314250-000000,
known as vacant land,Egret Lane, Big Pine Key, Florida 33043, (hereinafter"Lot 1").
On July 7, 2017, County purchased from John Parker, for density reduction purposes that
certain lot identified as Block 9, Lot 2, Tropical Bay, Third Addition (PB5-81), with Parcel
Identification number 00313960-000000, known as vacant land, Warbler Lane, Big Pine Key,
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Florida 33043, (hereinafter"Lot 2/3`d Addn."). On July 10, 2017, County purchased from Bryan
L. Arndt and Lisa K. Arndt, for density reduction purposes that certain lot identified as Block 10,
Lot 8, Tropical Bay, Third Addition (PB5-81), with Parcel Identification number 00314120-
000000, known as vacant land, Eagle Lane, Big Pine Key, Florida 33043, (hereinafter "Lot 8").
On July 11, 2017, County purchased from Joseph E. Gleason, for density reduction purposes that
certain lot identified as Block 1, Lot 2, Tropical Bay, Second Addition (PB5-73), with Parcel
Identification number 00313190-000000, known as vacant land, Prince Road, Big Pine Key,
Florida 33043, (hereinafter"Lot 2/2°d Addn."). .
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3. TERM OF AGREEMENT. This Agreement shall commence on December 13,
2017, and any rights or obligations associated with Lots 3, 7, 10, 1, 2/3`d Addn., 8, and 2/2ad
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Addn. identified herein and currently owned by the County and any other lots subsequently
purchased by the County shall terminate upon the sale or transfer by the County of any herein
identified lots or those subsequently purchased, unless terminated earlier under paragraph 8 of
this Agreement.
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4. FEES. In return for having Tropical Bay POA include Lots 3, 7, 10, 1, 2/3'
Addn., 8, and 2/2ad Addn. currently owned by the County and any subsequently purchased lots in
its yard, mangroves, canal banks, and vegetative maintenance program, County shall make an
annual payments of One Hundred Twenty-five and 00/100 ($125.00) Dollars per lot to the
Tropical Bay POA since the County will not be a member of the Association for the upkeep of cV
such lots. The initial payment for the lot maintenance fees shall be due and payable upon
receipt of a notice from the Tropical Bay POA identifying each lot. Payment thereafter shall be
made on or before the 31st day of December in each succeeding year as long as the County still
owns each lot. The notice for maintenance fees shall be directed to Monroe County, Attention:
Facilities Maintenance Department, 1100 Simonton Street, Room 2-205, Key West, Florida
33040. Payments shall be made payable to the Tropical Bay POA and directed to Tropical Bay
POA at P. O. Box 430522, Big Pine Key, Florida 33043. E
The County shall not be responsible for payment of any other annual or special
assessments established by the Tropical Bay POA, unless said special assessment would relate to
the yard, mangroves, canal, or vegetative maintenance program. In only such event, shall the 0.
County pay a special assessment of the Tropical Bay POA.
5. OBLIGATIONS OF COUNTY: County covenants and agrees to: 2
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a. Provide timely payment of the annual fee assessed by Tropical Bay POA for the care
and maintenance of all Lots currently owned by the County or subsequently
purchased;
b. Provide timely payment of any special assessment of the Association if related to the
mowing services or mangroves, canal banks, and other vegetative maintenance and
upkeep program for all Lots currently owned by the County or subsequently
purchased; and
c. Prevent any unauthorized use of any Lots currently owned by the County or
subsequently purchased which would create a nuisance or violate the Amended Deed
Restriction for Tropical Bay Subdivision.
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6, OBLIGATIONS OF TROPICAL BAY. Tropical Bay covenants and agrees to:
a. Provide all mowing services and mangroves, canal banks, and other vegetative
maintenance and upkeep services in accordance with the maintenance schedule 0.
Tropical Bay provides similarly situated lots for all Lots currently owned by the
County or subsequently purchased; and ca
b. Provide notice to the County of any illegal dumping, debris accumulation, trespassing .
activity, or other unauthorized use of any Lot currently owned by the County or 0
subsequently purchased, which is noted by any Association member.
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7. NOTICE. Any notice required or permitted under this Agreement shall be in
writing and hand-delivered, delivered by a courier service with overnight delivery and signed
receipt, or mailed, postage pre-paid, by certified mail, return receipt requested, to the other party
as follows:
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For the County: County Administrator _
Monroe County
1100 Simonton Street
Room 2-205
Key West, Florida 33040
and
County Attorney
1111 12st Street
Suite 408
Key West, Florida 33040 E
For Tropical Bay: Tropical Bay Property Owners Association, Inc.
P. O. Box 430522
Big Pine Key, Florida 33043 CL
Attention: President
8. CANCELLATION/TERMINATION. Either party may give notice to the other .
party of a breach of the terms of this Agreement. If the noticed breach is not cured within thirty c
(30) days of receipt of the notice, the non-breaching party may terminate the Agreement
effective fifteen calendar days after notice that the breach has not been cured and notice of the
termination. Either party may cancel this agreement without cause by providing at least one
hundred eighty (180) days written notice to the other party. All contractual obligations of either
party remain in full force up to the effective date of termination. Both parties shall remain liable
after termination of this Agreement for all obligations, including but not limited to, any
outstanding payments, through the effective date of termination.
9. HOLD HARMLESS/INDEMNIFICATION. Tropical Bay hereby agrees to
indemnify and hold harmless the Monroe County Board of County Commissioners, and any of
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its officers and employees from and against any and all claims, liabilities, litigation, causes of
action, damages, costs, expenses (including but not limited to fees and expenses arising from any
factual investigation, discovery or preparation for litigation), and the payment of any and all of ,
the foregoing or any demands, settlements or judgments arising directly or indirectly under this
agreement. Tropical Bay shall immediately give notice to the County of any suit, claim, or
action made against the County that is related to the activity under this agreement, and will
cooperate with the County in the investigation arising as a result of any suit, action or claim
related to this agreement. .
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10. NON-DISCRIMINATION. The parties agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
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competent jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order. The
parties agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of
the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the c
basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of
1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on
the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794),
which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of
1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5)
The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, ca
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or E
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 1201), as
amended from time to time, relating to nondiscrimination in employment on the basis of
disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11) any other nondiscrimination provisions in any federal
or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
11. NON-WAIVER. Any waiver or any breach of any covenants herein contained to
be kept or performed by either party shall not be deemed or considered to be a continuing waiver
and shall not operate to bar or prevent either party from exercising any of its remedies under this
Agreement, at law or in equity for any succeeding breach, either of the same condition or
covenants or otherwise.
12. BINDING EFFECT. The terms, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the COUNTY and TROPICAL BAY POA and their
respective legal representatives, successors, and assigns.
13. AUTHORITY. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
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necessary County and corporate action, as required by law and does not contravene any Article
of Incorporation or By-Laws. This Agreement constitutes a legally valid and binding obligation,
enforceable against the parties in accordance with its terms and conditions.
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14. AMENDMENTS AND MODIFICATIONS. Any party may request changes to
this Agreement at any time by written notice to the other parties to this agreement as designated
herein. Such changes as are mutually agreed upon by and between the parties shall be
incorporated in written amendments to this Amendment executed in the same manner as the .
original Agreement approval.
15. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall
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be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
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16. CONSENT TO JURISDICTION. This Agreement shall be construed by and _
governed under the laws of the State of Florida and venue for any action arising under this
Agreement shall be in Monroe County, Florida. This Agreement is not subject to arbitration.
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17. NONASSIGNABILITY. This agreement shall not be assignable by either party
unless such assignment is first approved by all parties.
18. SURVIVAL OF PROVISIONS. Any terms or conditions of this Agreement that
require acts beyond the date of the term of this Agreement, shall survive termination of the
Agreement, shall remain in full force and effect unless and until the terms and conditions are
completed and shall be fully enforceable by any party to this Agreement.
19. ENTIRE AGREEMENT. This writing contains the entire agreement of the
parties and supersedes any prior oral or written representations. No representations were made
or relied upon by any party, other than those that are expressly set forth herein.
CL
20. SEVERABILITY. If any term or provision of this Agreement shall to any extent
be held to be illegal, invalid, or unenforceable, the remaining provisions shall not be affected
thereby, and each remaining term and provision of this Agreement shall be valid and be 2
enforceable to the fullest extent permitted by law.
21. ATTORNEY'S FEES AND WAIVER OF JURY TRIAL. In the event of any
litigation arising out of this Agreement, the prevailing party shall be entitled to recover its
attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal
assistants, and including fees and expenses charged for representation at both the trial and
appellate levels.
In the event of any litigation arising out of this Agreement, each party hereby knowingly,
irrevocably, voluntarily and intentionally waives its right to trial by jury.
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22. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may execute
this Agreement by signing any such counterpart.
23. SECTION HEADINGS. Section headings have been inserted in this Agreement
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as a matter of convenience of reference only, and it is agreed,that such section headings are not a
part of this Agreement and will not be used in interpretation of any provision of this Agreement. .
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24. MUTUAL REVIEW. This Agreement has been carefully reviewed by COUNTY
and TROPICAL BAY therefore; this Agreement is not to be construed against either party on the
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basis of authorship.
25. ANNUAL APPROPRIATION. The County's performance and obligation to pay
under this Agreement is contingent upon an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement is dependent are P
withdrawn, this Agreement is terminated and the County has no further obligation under the
terms of this Agreement to the TROPICAL BAY POA beyond that already incurred by the
termination date.
`IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed
`Ay;its diily,authorized representative on the day and date first written above. ca
x� " (SEAL) ;_;" BOARD OF COUNTY COMMISSIONERS
77
p Attest KFfVIN MAD OK, CLERK OF MONROE COUNTY,FLORIDA
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BY: BY:
Deputy Clerk May Chairperson .
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WITNESSES: TROPICAL BAY PROPERTY WNERS
ASSOCIATION, INC. .2
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BY:
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Witness Signature
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