1st Amendment 02/16/2022 p4J1..... Q�1�
a .'''1"�``. .31°0 Kevin Madok, CPA
'�s ..:.... A. Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: March 1, 2022
TO: Patricia Eables,Assistant County Attorney
County Attorney's Office
FROM: Pamela G. Hancoc .C.
SUBJECT: February 16th BOCC Meeting
Attached is a copy of the following item for your handling:
C35 1st Amendment to Agreement with Tropical Bay Property Owners Association,
Inc. for payment of annual fees, increasing from $125.00 per lot to $150.00 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.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330*
305-294-4641 305-289-6027 305-852-7145 305-852-7145
FIRST AMENDMENT TO AGREEMENT
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 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 Mon.roe 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,
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
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
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
WHEREAS,the BOCC at its October 18,2017,meeting approved the purchase of one(1)
additional lot from Thomas C.Bowie,Kimberly D.Shacklock,Wade Hampton Bowie 11,James
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
1
number 00313650-000000, in Big Pine Key, Florida, which was subsequently purchased on
January 9,2020;and
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
5-8 1),with parcel identification number 00313520-000000,in Big Pine Key,Florida,which was
subsequently purchased on November 5,2018;and
WHEREAS,the County currently owns the nine(9)lots identified herein that are located
within the areas maintained by the Tropical Bay POA;and
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
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
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
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 OG/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
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
follows:
I 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 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
County.
2
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:
4, In return for having Tropical Bay POA include Lots 3,7, 10, 1,2/3rd Addn.,
8,and 2/2 nd Addn., and Lots 2 and 1/3"' Addn,currently owned by the County and any
subsequently purchased lots in its yard, mangroves, canal banks, and vegetative
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
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 3 1 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
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 member 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 Overseas
Highway—Rockland Key, 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.
The County shall not be responsible for payment ofany outer 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.
3. In all other respects, the Original Agreement,between the parties remains in M
force and effect,unless amended herein.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
3
-010 CC' --- ITNESS WHEREOF,each party hereto has caused this Agreement to be executed by
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tc-ay ati o s zed representative on the day and date first written above.
i 6'pon \
_IL? BOARD OF COUNTY COMMISSIONERS
ei401/IN St MADOIC,CLERK OF MONROE COUNTY,FLORIDA
1 :.‘,..........--
BY:
As Deputy Clerk 5 yor/Chairperson
WITNESSES: TROPICAL BAY.PROPERTY OWNERS
ASSOCIATION,INC.
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MONROE COOKY ATTORSEYS MACE
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PAIRCA EAMES
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