Item G15 G.15
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
May 17, 2023
Agenda Item Number: G.15
Agenda Item Summary #12031
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:25 AM
AGENDA ITEM WORDING: Approval of a Resolution of the Monroe County Comprehensive
Plan Land Authority providing written consent for use of park for recreational activities described
herein at Big Pine Community Park at 31009 Atlantis Drive, Big Pine Key, Florida; authorizing the
chairman to execute same.
ITEM BACKGROUND: The Big Pine Community Park was acquired by the Land Authority with
State of Florida Communities Trust (FCT) funding. The Land Authority conveyed the parkland to
the County and retained a conservation easement that requires written consent to utilization of the
park for certain activities.
The Parks and Beaches Director has requested use of the park for:
• Summer Camp whereby each camper would be charged $100/week with the children of
Monroe County employees being charged a discounted rate of$50/week; and
• Renting of the shelters to the public for picnics, birthday parties, etc.; and
• 441e o 011 if re �...eo�4f� lefiof!'... le o 16) of V isew' 1 flle
J,M:4; u e Y O#; I ..�emll s;
Approval of this resolution authorizes use of the park for these purposes.
The County Attorney's office sought and received authorization for these activities from Department
of Environmental Protection (DEP).
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
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G.15
DOCUMENTATION:
BigPineKeyComParkBPKJointVenture Proposed Resolution REV
BigPineKeyComParkBPKJointVenture24Deed-CEtoBOCC
BigPineKeyComParkBPKJointVenture3 I DEPApprovalEmailForSummerCamp
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
If applicable,please type in "None" or "N/A"; OR, if costs are associated with this item, check
the 'Budget Affected" box below and complete the funding source box for our Budget office.
For each funding source, select the cost center from the drop down list in the "Source" column
and enter the amount(do not insert$ sign). If the cost center is not known or not yet created,
select"NEW COST CENTER ADDED" from the drop down list. PLEASE REMEMBER TO
DELETE THESE INSTRUCTIONS PRIOR TO SAVING/SUBMITTING.
REVIEWED BY:
Christine Hurley Completed 04/20/2023 4:12 PM
Dina Gambuzza Completed 04/20/2023 5:22 PM
Nathalia Mellies Archer Completed 04/21/2023 3:42 PM
John Allen Completed 05/02/2023 4:05 PM
Lindsey Ballard Completed 04/24/2023 9:40 AM
Bob Shillinger Completed 05/02/2023 5:06 PM
Board of County Commissioners Pending 05/17/2023 9:00 AM
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G.15.a
RESOLUTION NO. 0
A RESOLUTION OF THE MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY PROVIDING WRITTEN CONSENT C
FOR USE OF PARK FOR RECREATIONAL ACTIVITIES U
DESCRIBED HEREIN AT BIG PINE COMMUNITY PARK AT
31009 ATLANTIS DRIVE, BIG PINE KEY, FLORIDA;
AUTHORIZING THE CHAIRMAN TO EXECUTE SAME.
WHEREAS, the Monroe County Comprehensive Plan Land Authority (hereinafter "Land
Authority") originally acquired the Big Pine Community Park land utilizing grant funds from the
Florida Communities Trust (FCT) through the State of Florida and then conveyed the property to E
the Board of County Commissioners on May 31, 2002; and t0
WHEREAS, the legal description of the site is attached as Exhibit A; and
WHEREAS, the conveyance of the land included a required conservation easement attached
hereto as Exhibit B; and
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WHEREAS, the conservation easement imposed certain restrictions on the future use of the site
including "No revenue generating activities without the express written consent of the Grantee"
(Land Authority); and >
WHEREAS, the County Attorney's office corresponded with the State of Florida Department of g
Environmental Protection to obtain their written approval of the use of this property for providing
children's summer camp and charging fees for this activity; NOW, THEREFORE,
BE IT RESOLVED BY THE MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY:
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Section 1. The use of Big Pine Community Park at 31009 Atlantis Drive, Big Pine Key, Florida for:
• Summer Camp whereby each camper would be charged $100/week with the children of
Monroe County employees being charged a discounted rate of$50/week; and
• Renting of the shelters to the public for picnics, birthday parties, etc.
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PASSED AND ADOPTED by the Monroe County Comprehensive Plan Land Authority at a
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G.15.a
regular meeting on this _day of 2023. L-
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Commissioner Craig Cates 0
Commissioner Michelle Lincoln U
Commissioner Holly Raschein
Commissioner James Scholl
Chairman David Rice
(Seal)
ATTEST: MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY U
Christine Hurley David P. Rice
Executive Director Chairman
Approved as to form and legality
Gregory Oropeza, Esquire
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FILE #I a 0 45 ;E3 !D 7
BK#1 7 S312 PG# 2 -43 E3
EXHIBIT B
GRANT OF CONSERVATION EASEMENT
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THIS GRANT OF EASEMENT is made on this 17th day of April 2002 by U M
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Monroe County, a political subdivision of the State of Florida, of 500 Whitehead Street, Key 0
West, Florida 33040, Grantor, to Monroe County Comprehensive Plan Land Authority, a land E
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authority under Section 380.0663 (1), Florida Statutes and Monroe County Ordinance No. 031-
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1986, whose address is 1200 Truman Avenue, Suite 207, Key West, Florida 33040, as Grantee. L-
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Recitals
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A) The Grantor is the owner of certain real property (the servient estate) located in Monroe U
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 E
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valuable considerations to said Grantor in hand paid by said Grantee, the receipt of 0
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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 U
described in Attachment A. U
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3. Restraints imposed by the conservation easement.
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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 E
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park and identifying park sponsors are not prohibited. U
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 (L
asiatica) to exist.
4. Terms and persons bound.
This conservation easement is perpetual, runs with the land and is binding on all present E
and subsequent owners and mortgagees of the servient estate. Grantor represents that
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FILE # 1 3045SS) 7
BK#3- 7 S) 2 PG#24 :3 D
the mortgagee(s), if any, whose consent is attached hereto, is (are) the only
mortgagee(s) having a security interest in the servient estate.
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5. Modification of easement. U
No modification of this easement is binding unless evidenced in writing and signed by an
authorized representative of the Grantee. E
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6. Attomey's fees. 2
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In the event of any controversy, claim or dispute arising under this instrument, the
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prevailing party shall be entitled to recover reasonable attorney's fees and costs, 0
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including appeals. a
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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 Grantors
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 E
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furnished by a private carrier, to the respective address of each party as set forth at the 0
beginning of this Grant of Easement. U
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 of Easement.
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Monroe Count U
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Grantor
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Witness By: Charles McCoN, Chairman/Mayor
Monroe Count Board of County N
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STATE OF FLORIDA)
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COUNTY OF MONROE)
The foregoing instrument was acknowledged before me this 4th day of June
20 02 by CHARGES MCCOY, CHAIRMAN/MAYOR of the MONROE COUNTY BOARD OF E
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COUNTY COMMISSIONERS, who (check one) [X] is personally known to me or has U
produced a Florida drivers license as identification
Not-aly-fOublic, ate of Florida
PAMIRA G.KAWMK
My commission expires: Print Name: My COMMISSION#CC 908M
EXPIRES:February 7,2004 E
Bonded Thru Notary Public Undowilien
APPROVED
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FILE # 1 :30GE39 7 M
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ATTACHMENT "All BK# 1 792 PG#24-40
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Tract A of V�rHISPERING PINES,PLAT NO. 3,according to the Plat thereof recorded in Plat E
Book 4, Page 59, of the Public Records of Monroe County, Florida and being further described
2
by metes and bounds as follows: 0
Commencing at the Southwest comer of Government Lot 2 bear North 00 degrees 07 minutes
0
West for a distance of 540.00 feet to the Point of beginning of the tract of land hereinafter U
described; from said Point of Beginning,continue bearing North 00 degrees 07 minutes West for
a distance of 612.16 feet to an existing canal; thence North 47 degrees 28 minutes 04 seconds
East along the Southeasterly edge of said canal 202.35 feet to a point on the Mean High Water 3:
Line of Bogie Channel;thence proceed Southeasterly along said Mean High Water Line 1120
feet, more or less,to a point on the Northerly boundary line of the plat of Atlantis Estates, as
recorded in Plat Book 6,Page 50, of the Public Records of Monroe County,Florida; thence
North 89 degrees 52 minutes 00 seconds West along said Northerly boundary line, a distance of E
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967-27 feet,more or less,back to said Point of Beginning. 0
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MONROE COUNTY
OFFICIAL RECORDS
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This Instrument Prepared By, MONROE COUNTY
Record and Return to: OFFICIAL RECORDS
MEYER&ERSKINE -7
31211 Avenue A FILE #1 3 0 45 rt3 9
Big Pine Key,FL 33043 BK#1 79 2 PG#2-4 3
RCD Jun 17 2002' 10:46A
Parcel Identification Number: 00286360 DANNY L KOLHAGE1 CLERK
SPACE ABOVE THIS LINE FOR RECORDING I
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wARRANTYDEED E
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THis INDENTURE,made this 31 day of No, 2002,between.MONROE COUNTY E
COMPREHENSIVE PLAN LAND AUTHORITY,a land autho -ty under Section 380.0663(1),Florida Statutes
and Monroe County Ordinance No.031-1986 GRANTOR*,whose address is 1200 Truman Avenue,Suite 207,Key
West,FL 33040 and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS whose address is,500 12
Whitehead Street,Key West,FL 33040 GRANTEE*;
(Wherever used herein the terms"Grantor"and"Grantee"shall include all the parties to this instrument and heirs, 0
legal representatives,and assigns of individuals,and the successors and assigns of corporations.)
WITNESSETH, That said Grantor,for and in consideration of the sum of TEN AND 00/100($10.00)
DOLLARS and other good and valuable consideration,to said Grantor in hand paid by said Grantee,the receipt
whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and confirms unto =9
the Grantee and Grantee's heirs,successors and assigns forever the following described land located in the County Q.
of MONROE,State of Florida,to-wit:
SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT"A"
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SUBJECT TO:GRANT OF CONSERVATION EASEMENT ATTACHED HERETO 0
AND MADE A PART HEREOF AS EXHIBIT "B"
SUBJECT TO all restrictions, reservations and easements of record, if any; zoning restrictions and
prohibitions imposed by governmental authority,and taxes for the year 2002 not yet due and payable.
TOGETHER WITH all the tenements,hereditaments and appurtenances thereto belonging or in anywise
appertaining. 0
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TO HAVE AND TO HOLD,the same in fee simple forever.
AND THE SAID GRANTOR does hereby covenant with the said Grantee that the Grantor is lawfully seized
of said land in fee simple;that the Grantor has good right and lawful authority to sell and convey said land,and hereby
fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF,Grantor has hereunto set Grantor's hand and seal this day and year first above
written.
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Signed,sealed and delivered in the presence of:
Witness Signature/--L
MONROE COUNTY COMPREHENSIVE E
PLAN LAND AUTHORITY 0
FnIlted4i
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URRAY1 NEL VICE-CHAIRMAN Q.
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Printed Sijnaturd7
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STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 2002,by MURRAY
NELSON who are personally known to me or produced Identification.
37Y- 3"
JOYCE D.ALLEN Nofitfy Si attire
MY COMMISSION DDOMM�W�MBM6638 NOTARY SEAL,COMMISSION EXPIRATION
EXPIRES:August 26,2005
AryPuWUndwftm
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E)=IT"A" FILE #3- 3 0 45 E3 S,7
BK#3- 7 SO 2 PG#2-4 3 7
Tract A of WHISPERING PINES,PLAT NO.3,according to the Plat thereof recorded in Plat
Book 4,Page 59,of the Public Records of Monroe County,Florida and being further described
by metes and bounds as follows:
Commencing at the Southwest comer of Government Lot 2 bear North 00 degrees 07 minutes
E
West for a distance of 540.00 feet to the Point of beginning of the tract of land hereinafter
described;from said Point of Beginning,continue bearing North 00 degrees 07 minutes West for
a distance of 612.16 feet to an existing canal;thence North 47 degrees 28 minutes 04 seconds E
E
East along the Southeasterly edge of said canal 202.35 feet to a point on the Mean High Water
Line of Bogie Channel;,thence proceed Southeasterly along said Mean High Water Line 1120
feet,more or less,to a point on the Northerly boundary line of the plat of Atlantis Estates,as
recorded in Plat Book 6,Page 50,of the Public Records of Monroe County,Florida;thence
North 99 degrees 52 minutes 00 seconds West along said Northerly boundary line,a distance of
967.27 feet,more or less,back to said Point of Beginning.
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G.15.b
Seller(s) Closing Statement
Prepared by
MEYER & ERSKINE, P.A.
31211 AVENUE A
BIG PINE KEY, FL 33043 cM
305-872-3400
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File Number: 02133A Settlement Date: 06/06/02 Proration Date: 06/05/02
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SELLER(S):
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
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PURCHASER(S): L)
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
LENDER:
PROPERTY:
TRACT A, WHISPERING PINES„ PLAT#3
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Description Charges Credits E
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Record Deed DANNY KOLHAGE 15.00
CASH DUE FROM SELLER(S) -15.00
TOTAL CHARGES/CREDITS 0.00 0.00 L)
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IN THE EVENT A RE-PRORATION OF THE TAXES IS NECESSARY WHEN THE TAX BILL FOR THE CURRENT YEAR ARE PREPARED,THE PARTIES AGREE TO HANDLE SAID RE-PRORATION
BETWEEN THEMSELVES. 9
MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
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MURRAY N LSON,VICE CH N
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MEYER& ERSKINE, PA
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Jeffrey B.Meyer ATTORNEYS AT LAW Phone-305-872-3400
email:imeyerbpk(cDaol 31211 AVENUE A Fax-305-872-4822 U
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Larry R.Erskine Big Pine Key,FL 33043
e-mail:lerskinebp(&aol
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DATE: DUNE 10, 2002 U
MARK ROSCH
MONROE COUNTY LAND AUTHORITY
1200 TRUMAN AVENUE, SUITE 207
KEY WEST, FL 33040
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RE: MONROE COUNTY LAND AUTHORITY TO BOARD OF COUNTY
COMMISSIONERS E
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Dear Mark:
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Please make the following disbursement relative to the above:
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Check payable to MEYER& ERSKINE, PA in the amount of$15.00 representing: $15.00 deed 0
recording fees. W
Please call if you have any questions.
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Sincerely, i r '
JUN 1 0 2002
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Sue M. Sapp
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Real Estate Secretary - ----- CL
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MONROE COUNTY LAND AUTHORITY/MONROE COUNTY
INTERLOCAL AGREEMENT
MARINERS RESORT PARK SITE
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THIS INTERLOCAL AGREEMENT (the "Agreement"), is made and entered into this 17th day
of April , 20 02 , by and between the Monroe County Comprehensive Plan Land E
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."
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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 to 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 E
contract to purchase the subject property; and U
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
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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. U
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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 17th day of April
2002
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MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
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Mark J. Rosch, ExecS6tive Director Nora Williams, Chairman
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Approved for Legal Sufficiency
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Larry R. Erskine
The MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, acting by and through its
CHAIRMAN/MAYO , has executed this agreement on behalf of MONROE COUNTY this
17,6& day of , 2002. -
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MONROE COUNTY c)
KOLHAGE, CLERK
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Deput Clerk Charles McCoy, Chairman/Mayor
Monroe County Board of
County Commissioners
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APPROVED AS.TO FORM`
B ROBERT N OWE .�Cc7rp— ?p' � 0
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ATTACHMENT A
Mariners Resort park Site
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Tract A, Whispering Pines subdivision Plat #3 as recorded in Plat Book 4 at Page 59 in the
Public Records of Monroe County, Florida.
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RE#286360-000000
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ATTACHMENT 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 U
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.
2
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. U
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 U
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. U
U
3. Restraints imposed by the conservation easement. 0
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. 5
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. 0
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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. CL
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
Page 1 of 2
Packet Pg. 1417
G.15.b
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. E
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No modification of this easement is binding unless evidenced in writing and signed by an U
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.
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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 E
beginning of this Grant of Easement. U
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 of Easement. E'
Monroe County U
Grantor 0
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Witness By: Charles McCoy, Chairman/Mayor
Monroe County Board of County
Commissioners
Witness
STATE OF FLORIDA)
SS:
COUNTY OF MONROE)
The foregoing instrument was acknowledged before me this day of
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20 by CHARLES MCCOY, CHAIRMAN/MAYOR of the MONROE COUNTY BOARD OF E
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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ANPPROVED AS TO FORM
GAL SU
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G.15.c
From: Bibbv,Bill
To: Archer-Nathalia
Cc: Hurlev Christine;Shillinger-Bob
Subject: RE: Grant Fund Inquiry
Date: Friday,April 28,2023 2:35:25 PM
Attachments: FCT.Annual.Revenue.Report,2022-23.xlsx 0
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CAUTION
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Good Afternoon Nathalia:
The fees you propose are acceptable to FCT. These are the sorts of fees typically charged for 0
activities at park sites. We only ask that the revenue earned for the summer camp and facility
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rentals be tracked and reported to FCT using the annual revenue report form (attached).
Regarding the independent contractors, if the County were to charge a flat fee for contractors to CL
conduct business on the site, that would be within the "safe harbor" concept for private use revenue
on bond-funded sites. FCT would have no issue with such an arrangement. Again—any agreement t
between a contractor would require FCT approval prior to execution. If you wish to discuss this in
detail, I can put you in touch with our FCT program attorney, Ms. Patricia Henry. I'm sure she would
be happy do answer any questions you might have in that regard.
To reiterate, this email constitutes FCT approval of the proposed fees for facility rentals and summer E
camp. Please let me know if you have questions.
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CL
Thank you CL
.
Bill Bibby, FCCM
Florida Department of Environmental Protection
11 Division of State Lands/Florida Communities Trust
Planner IV
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From: Archer-Nathalia <Archer-Nathalia@MonroeCounty-FL.Gov> E
Sent: Friday, April 28, 2023 2:12 PM g'
To: Bibby, Bill <Bill.Bibby@ Florida DEP.gov> ;
Cc: Hurley-Christine <Hurley-Christine@MonroeCounty-FL.Gov>; Shillinger-Bob <Shillinger-
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Bob@MonroeCounty-FL.Gov>
Subject: RE: Grant Fund Inquiry
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This email originated outside of DEP. Please use caution when opening attachments, clicking links,
or responding to this email.
Good afternoon Mr. Bibby, U
I wanted to follow up on the below correspondence. To make things
somewhat easier, the County is foregoing the ability to charge independent
contractors who wish to hold classes or lessons at the park at this time.
Therefore, we are only seeking permission to charge a fee for the summer
camp program and to be able to charge a fee for renting out the shelters
and/or community building to the public. This item is on our agenda for E
approval on May 19th and we were hoping we could receive an answer from U
the State by then.
Please let us know if there is anything else you need from us or anything we
can do on our end. Thank you kindly for your work on this.
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Nathalia Mellies Archer U
Assistant County Attorney
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040
(305) 292-3470 (phone)
(305) 292-3516 (facsimile) cu
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From: Bibby, Bill <Bill.Bibby@ Florida DEP.gov>
Sent: Friday, April 21, 2023 3:26 PM
To: Archer-Nathalia <Archer-Nathalia@MonroeCounty-FL.Gov>
Cc: Hurley-Christine <Hurley-Christine@MonroeCounty-FL.Gov>; Shillinger-Bob <Shillinger-
Bob@MonroeCounty-FL.Gov>
Subject: RE: Grant Fund Inquiry
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CAUTION:This email originated from outside of the County. Whether you know the sender or not,
do not click links or open attachments you were not expecting.
Good Afternoon Ms.Archer:
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Thank you for your correspondence regarding Big Pine Community Park. I am going to have to do
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some research into this site to determine the extent of FCT restrictions on this site. I can say that
the activities described are generally allowable. I see no issue with shelter rentals and the summer
4-
camp. All revenue earned by the County would have to be reported at the end of the State Fiscal
Year (July 1-June 30). We have a reporting form for this purpose.
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Regarding the independent contractors, the crucial issue is the management contract or agreement
under which the contractors are paid. We want to avoid private use on the FCT funded site to the
greatest extent possible. A management contract that is based on a fixed per-week or per-month
amount, without taking profit or loss into account, is generally safe from being deemed private use.
This exception allows FCT project managers to contract with a wide array of service providers, as
long as the management contract doesn't violate any provision of the safe harbor. We call this a
Qualified Management Contract. E
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FCT Rules require that we have approval authority over all agreements related to FCT grant sites.
This step ensures that we do not run into unintended problems with private use of a grant funded
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site. We do not usually require signature authority on these agreements. We only need review and _
approve them before they are fully executed. CL
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Having said all that, I still need to research our records to determine the extent to which our
restrictions apply to this property. I will be back in touch with you by next week. E
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Thank you again for your correspondence. o
Bill Bibby, FCCM E
Florida Department of Environmental Protection
11 Division of State Lands/Florida Communities Trust 0
Planner IV CL
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Office. 850-245-2783
From: Archer-Nathalia < ,rc,I1�..er..-.�V,at,�.a.l..i.a.(ri)Mo:lrc:.:�Cc:.:L,�:1tyt-C L.Gc:.:v>
Sent: Friday, April 21, 2023 11:34 AM
To: Bibby, Bill <,Bi..i..i..::..�..�v.�v..'...(r >
Cc: Hurley-Christine < ..u.r.i.r�..y-chris i:lcicztlVl_c�,me;�,r�,�_c�,�J_�1�.t..y-FL.Gov>; Shillinger-Bob< i1..i..l..l..i..1 r
Fc,iv(rz)IVIc:.::lrocCc:.)untyr-FL.Gov>
Subject: Grant Fund Inquiry t0
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This email originated outside of DEP. Please use caution when opening attachments, clicking links,
or responding to this email.
Good morning Mr. Bibby:
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I hope this email finds you well. I am an assistant county attorney for
Monroe County. Monroe County owns Big Pine Community Park (Re
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#00286360-000000; 31009 Atlantis Dr., Big Pine Key, FL 33043) which was
conveyed to it by the Monroe County Comprehensive Land Authority (MCLA).
I have been told that MCLA acquired this parcel with Preservation 2000 grant
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funds. I have attached to this email the records obtained from the Monroe 0
County Comprehensive Land Authority (MCLA). c0
We have received several requests from our director of Parks 8v Beaches to
conduct certain activities on the parcel including:
• A Summer Camp run by the County whereby each camper would be
charged $100/week with the children of Monroe County employees
being charged a discounted rate of$50/week; E
• Charging a fee for rental of the shelters and/or community building to U
the public for picnics, birthday parties, etc., and
• The ability to charge independent contractors who wish to hold classes
or lessons at the park, i.e., yoga, tennis, handball etc. E
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We wanted to reach out to Florida Communities Trust (FCT) in order to ccu
receive review and approval of this proposed activity, consistent with the
standard FCT requirement to obtain written approval related to the legal and E
tax consequences of such activity.
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I've also attached the warranty deed from when the land was transferred
from the MCLA to the County, with the recorded Grant of Conservation
Easement made on April 17, 2002. >
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Our question is:
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Does the proposed activity fall within the guidelines of uses FCT allows at
parks purchased with Preservation 2000 funds? Would you be able to help
with this or is there another individual you could direct me to? Any help you
can provide would be most appreciated.
E
Nathalia Mellies Archer
Assistant County Attorney
Monroe County Attorney's Office
1111 12th Street, Suite 408 E
Key West, FL 33040 U
(305) 292-3470 (phone)
(305) 292-3516 (facsimile)
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