1st Modification 05/21/2003
Gled( of lIIe
Gimul Goun
Danny L. Kolhage
Office (305) 292-3550 Fax (305) 295-3663
Memorandum
To: Dent Pierce, Director
Public Works Department
Attn: Beth Leto ,)
From: Isabel C. DeSantis, Deputy Clerk
Date: Monday, June 16, 2003
At the meeting of May 21, 3003, the Board approved the fOllowing:
Modification NO.1 to Hazard Mitigation Grant Agreement No.
0IHM-4R-II-54-15-009 between Monroe County and the Department of Community
Affairs for the Gato Building Retrofitting Project.
Enclosed are four duplicate originals of the subject document, executed by Monroe
County for your handling.. Please be sure that the set marked Monroe County Clerk's
Office Original and Monroe County Finance Department's Original are returned to my
attention as quickly as possible.
Copies: Finance, memo only
County Attorney
File ..,/
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Governor
COLLEEN CASTILLE
Secretary
July 21,2003
MONROE COUNTY
CONSTRUCTION MANAGEMENl
Ms. Stephanie Coffer, Construction Manager
Monroe County
1100 Simonton Street
Key West, Florida 33040
JUL ~: ' 'll]O~
~ _.,.J' f.... l~., '..
-
RECEIVED BY: -. . ..... .. ....
Re: FEMA Project 1259-0019
Gato Building Retrofit Project
Dear Ms. Coffer:
Enclosed is the executed Hazard Mitigation Grant Program modification
(DCA No.0IHM-4R-l1-54-15-009) between Monroe County and the Department of Community
Affairs (DCA). Upon completion of the work identified in the contract, a Request for Payment
form (Attachment E) should be completed and submitted to DCA for processing in accordance
with Paragraph (16) of the Agreement.
If you have any specific questions regarding the modification, please call Iris Stanley at
850/922-4454.
Respectfully,
~~
~. Craig Fugate, Director
Divjsion_QfEmergency M'm~gementn__
WCF:ies
Enclosures
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: http://www.dca.state.fl.us
CRITICAL STATE CONCERN FIELD OFFICE
2796 Overseas Highway. Suite 212
Marathon. Fl 33050-2227
(305) 289-2402
COMMUNITY PLANNING
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(B5O) 48B-2356
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Tallahassee. Fl32399-2100
(850)413-9969
HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boulevard
Tallahassee, Fl 32399-2100
(850) 488-7956
MONPOE COUNlY
-c:~:e~::~,ClION MANAGEMENT
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jU~Z003
nME:
RECEIV!D B'f.
MODIFICATION NUMBER ONE
TO
HAZARD MITIGATION GRANT AGREEMENT
NUMBER 01HM-4R-1l-54-15-009
This Modification Number One is made and entered into by and between the Florida
Department of Community Affairs ("the Department") and Monroe County ("the Recipient") to
reinstate and extend that agreement between them dated April 25, 2001, and numbered DCA
Contract No. 0IHM-4R-II-54-15-009("the Agreement").
WHEREAS, the Agreement expired April 25, 2002; and
WHEREAS, the parties desire to reinstate the Agreement, effective from its expiration,
and to extend the Agreement to April 25, 2004, in order for the Recipient to complete the Scope
of Work, as set forth in Attachment A.
NOW, THEREFORE, the parties agree to reinstate the Agreement as though it had not
expired, and agree to modify the Agreement as follows:
I. Paragraph (3) of the Agreement is hereby deleted in its entirety, and the following
paragraph substituted in its place and stead for all intents and purposes:
This Agreement shall begin April 25, 2001 and shall end April 25, 2004, unless
terminated earlier in accordance with the provisions of paragraph (9) of this
Agreement.
2. Except as modified herein, all other provisions of the Agreement shall stay in full force
and effect.
IN WITNESS WHEREOF, the parties have caused this Modification to be executed by
their duly authorized undersigned officials on the dates set forth below.
MONROE COUNTY
DEPARTMENT OF COMMUNITY
AFFAIRS
By: ~ By:
D' ie M. Spehar, Mayor
Monroe County Board of Commissioners
W. Craig Fugate, Director
Division of Emergency Management
Date:
() 0 -;;) / - 03
Date:
It LL 16
;~Q~!~;-to
DC't': I'rv r I !"RI(
MPj(OVED AS TO F -
~~
DATEG - /t:!) -O~
Attachment A
Budget and Scope ofWork
The Recipient shall fully perform the approved hazard mitigation project, as described in
Attachment A "(Award Letter(s) and Obligation Report(s) attached to this Agreement, in
accordance with the approved scope of work indicated therein, the estimate" of costs indicated
therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement.
Recipient shall not deviate from the approved project and the terms and conditions of this
Agreement. Recipi~nt shall comply with any and all applicable codes and standards in
performing work funded under this Agreemerit, and shall provide any appropriate maintenance
and security for the project. .
Any development permit issued by, or development activity undertaken by, the Recipient and any
land use permitted by or engaged in by the Recipient, shall be consistent with the local
comprehensive plan and land development regulations prepared and adopted pursuant to Chapter
163, Part II, Florida 'Statutes. Funds shall be expended for, and development actiVities and land
uses authorized for, only those uses which are permitted under the comprehensive plan and land
development regulations. The Recipient shall be responsible for ensuring that any development
permit issued and any develop1l1ent activity or land use undertaken is, where applicable, also
authorized by the Water Management District, the Florida Departtnent ofEnvironmeiitaI
Protection, the Florida Department of Health, the Flori'daGatne and Fish CoDlD1issian, and any
federal, state, or local environmental or land use permitting authority, where required. Recipient
agrees that any repair or constniction shall be in accordance with applicable standards of safety,
decency, and sanitation, and in conformity with applicable codes, specificati~ns and standards.
Recipient will provide and maintain competen~ and adequate engineering supervision at the "
construction site to ensure that the complete work conforms with the approved plans and
specifications and"will furnish progress reports and such otherii1formation as may be required by
the assist8nce awarding agency or state.
If the hazard mitigation project described ~ Attachment A includes an acquisition or relocation
project, then Recipient shall ensure that, as a condition of funding under this Agreement, the
oWner of the affected real property establishes the following deed covenants and restrictions,
which shall run with and apply to any property acquired, accepted, or from which a structure will
be removed pursuant to the project: '..
(a) the property will. be dedicated and maintained in perpetuity for a use that is
compatible with open space, recreational, or wetlands management practices;
(b) no new structure will be erected on property other than:
(i) a public facility that is open on all sides and functionally related to a
designated open space;
A-~
(ii) a restroom; or
(iii) . a structure that the Director of the Federal Emergency Management Agency
approves in writing before the commencement of the construction of the
structure;
(c) after the date of the acquisition or relocation no application for disaster assistance for
any purpose will be made to any Federal entity and no disaster assistance. will. be
provided for the property by any Federal source; and
(d) if any of these covenants and restrictions is violated by the owner or by some third
party with the knowledge of the owner, 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 without further notice to the owner, its successors and
assigns, and the owner, its successors and assigns shall forfeit all right, title and
interest in and to the property.
".
A-2