2nd Amendment 10/19/2022 CO 4
Kevin Mad* CRA
Clerk of the Circuit Court& Comptroller— Monroe County, Florida
DATE: October 2 1, 2022
TO: Alice Steryou
Contract Monitor
FROM: Panicla G llancoci� ,
1 10
SUBJECT: October 19" BOCC Meeting
Attached is an electronic copy of each the following items for }'our handling:
C3 I st Amendment to Agreement with Siemens Industry, Inc., as a Sole Source
provider for testing, certification, and maintenance of Fire Alarm, Smoke Control, and Building
Automation Systems on Monroe County facilities adjusting the contract amount by a 5.5%
increase and updating a federal provision. Funding is Ad Valorem.
R2 2nd Amendment to Agreement with Tropical Bay Property Owners Association,
Inc. to add a lot that has been purchased under density reduction and to delete two lots that have
been sold under the Resale Program.
Should you lta%,c any questions please lecl tree to contact nic at (305) 292-3550.
cc: County Attorney
Filimicc
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
SECOND AMENDMENT TO AGREEMENT
This SECOND AMENDMENT TO AGREEMENT is made and entered into this 21st
day of September, 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 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,
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
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
5-81), with parcel identification number 00313520-000000, in Big Pine Key, Florida, which was
subsequently purchased on November 5,2018 (hereinafter"Lot 2"); and
WHEREAS,the BOCC at its February 16,2022,meeting approved a First Amendment to
Agreement which re-established the County's 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, 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,
clarified 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 to corrected the address to which the notice for annual maintenance
fees shall be delivered to the County; and
WHEREAS, on April 29, 2022, the County purchased a non-conservation property
described as Block 9, Lot 1, Tropical Bay Third Addition (PB 5-81), with parcel identification
number 00313950-000000, in Big Pine Key, Florida, from Michael I. Bloch and Nancy Chicca-
Bloch(hereinafter"Lot 1/3' Addn."); and
WHEREAS, the County subsequently sold two (2) lots, as referenced below, to adjacent
neighbors under the Monroe County Re-Sale Program with parcel identification numbers
00313300-000000 and 00313650-000000, located in Big Pine Key,Florida; and
WHEREAS,the BOCC at its May 18,2022,meeting approved the sale of a County-owned
lot to Kenneth Slack and Diane P.Slack,described as Block 6,Lot 1,Tropical Bay Third Addition,
with parcel identification number 00313650-000000, in Big Pine Key, which was subsequently
sold on June 22,2022; and
WHEREAS,the BOCC at its May 18,2022,meeting approved the sale of a County-owned
lot to Maria E. Perez, described as Block 2, Lot 3, Tropical Bay Second Addition, with parcel
identification number 00313300-000000, in Big Pine Key,which was subsequently sold on July
1,2022,(previously identified as Lot 3); and
WHEREAS,the County now currently owns eight(8)lots identified herein that are located
within the areas maintained by the Tropical Bay POA;
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. The purpose of this Second Amendment is to add Block 9, Lot 1, parcel
identification number 00313950-000000 ("Lot 1/3d Addn.) and delete Block 2, Lot 3, parcel
identification number 00313300-000000("Lot 3")and Block 6,Lot 1,parcel identification number
00313650-000000,from the current County-owned properties in the yard,mangroves,canal banks,
and vegetative maintenance program with the Tropical Bay POA.
2. Paragraph 4. FEES, of the Original Agreement, as amended, is hereby amended to
delete the current Paragraph 4 and replace it in its entirety with the following paragraph:
4. FEES. In return for having Tropical Bay POA include, as identified, Lot
2/2n'Addn.,Lot 2/3r'Addn.,Lot 8,Lot 10,Lot 1,Lot 7,Lot 2,and Lot 1/3d Addn.,
all 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,as of the date of this Second Amendment to Agreement, 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'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 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
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 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.
3, In all other respects, the Original Agreement, as amended, between the parties,
remains in full force and effect,unless amended herein.
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[SIGNATURE PAGE TO FOLLOW]
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IN ESS a eret e s t tag to
��`"�'��d�xl ,_ r iced representative on the day and date first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
A R ,, KE * M�►DOV,CLERK OF'MONROE COUNTY,FL ORIDA
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