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Item L6* REVISED BACK-UP * BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 15, 2012 - KL Division: BOCC Bulk Item: Yes _ No X Department: George R. Neugent Staff Contact Person/Phone #: T. Colonna 4512 AGENDA ITEM WORDING: Approval of a resolution of the Board of County Commissioners of Monroe County, Florida declaring its support of legislation to exclude Robbie's Safe Harbor Marine Enterprises, Inc. and Safe Harbor Enterprises, Inc. from the Coastal Barrier Resources System. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: 11/17/2004 BOCC approved Resolution 426-2004 1/7/1992 BOCC approved Resolution 004-1992 CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty 9 OMB/Purchasing Risk Management DOCUMENTATION: Included X DISPOSITION: Not Required AGENDA ITEM # L-6 * REVISED BACK-UP 8/7/12 * (Removed word "marine" from Safe Harbor Enterprises, Inc. in Resolution caption on page 1 and now therefore clause page 2) Revised 11/06 Commissioner Neugent RESOLUTION NO - 2012 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA DECLARING ITS SUPPORT OF LEGISLATION TO EXCLUDE ROBBIE'S SAFE HARBOR MARINE ENTERPRISES, INC. AND SAFE HARBOR ENTERPRISES, INC. FROM THE COASTAL BARRIER RESOURCES SYSTEM WHEREAS, Robbie's Safe Harbor Marine Enterprises, Inc. and Safe Harbor Enterprises, Inc. have been included by the Federal Government in its Coastal Barrier Resource System ("CBRS") which prohibits development in high coastal flood areas; and WHEREAS, the CBRS was not to include already developed properties and at the time of their inclusion to be considered developed under the CBRS, the density of development on each coastal barrier area must have been more than one structure per five acres of land above mean high tide prior to its designation within the CBRS; and WHEREAS, in addition, a coastal barrier area was considered developed, even when there was less than one structure per five acres of land above mean high tide, if there was a full complement of infrastructure on the ground before designation. A full complement of infrastructure includes the following components for each lot or building site in the area: a road with a reinforced road bed, a wastewater disposal system, electric service, and a fresh water supply; and WHEREAS, the intent of the infrastructure criterion was to exclude areas where there was intensive private capitalization prior to its inclusion within the CBRS demonstrating a substantial on -the -ground commitment to complete the development. These criteria were codified by the Coastal Barrier Resources Reauthorization Act of 2000 (P.L. 106-514) for consideration by the Secretary of the Interior when making recommendations to Congress regarding additions to or deletions from the CBRS; and WHEREAS, Section 2 of the Coastal Barrier Reauthorization Act of 2000 specifies that, at the time an area is being considered for inclusion within the CBRS, a coastal barrier area is considered undeveloped if (1) the density of development is less than one structure per five acres of land above mean high tide; and (2) there is not a full suite of existing infrastructure consisting of a road with a reinforced road bed, wastewater disposal system, electric service, and fresh water supply to each lot or building site in the area. See 16 U.S.C.A. § 3503(g). A structure is considered any building that is walled and roofed, other than the storage of gas or liquids, which is permanently affixed and occupies at least 200 square feet. 16 U.S.C.A. § 3503(h); and WHEREAS, Robbie's Safe Harbor Marine Enterprises, Inc. and Safe Harbor Enterprises, Inc. were fully developed as an operational marina and junkyard, respectfully, prior to the effective date of the Coastal Barrier Resources Act ("CBRA"), on October 18, 1982, and their inclusion in the CBRS on November 16, 1990; and Res removing Robbie's and Safe Harbor Page 1 of 2 from CBRS (Neugent) BOCC 8/15/12 REVTSF..D 19 8 7 12 removed marine from Safe Harbor Ent WHEREAS, the Monroe County Board of County Commissioners has previously recognized that the inclusion of Robbie's Safe Harbor Marine Enterprises, Inc. in the Coastal Barrier Resource System was in error and has supported legislation removing it from the System pursuant to Monroe County's Resolution No. 004-1992 and Resolution No. 426-2004 and WHEREAS, Monroe County has recognized the importance of Safe Harbor's use as a port and its development as a port and has included it in its Comprehensive Plan Policy 502.1.5 which states "Monroe County shall support a proposal to amend the Coastal Barrier Resources System Map adopted by the Coastal Barrier Improvement Act of 1990, to delete the improved port property along the Safe Harbor entrance channel from the system, unit 5Z"; and WHEREAS, Robbie's Safe Harbor Marine Enterprises, Inc. and Safe Harbor Enterprises, Inc. have requested the County's support in its intent to obtain removal from the Coastal Barrier Resource System; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that it supports legislation to remove Robbie's Safe Harbor Marine Enterprises, Inc. and Safe Harbor Enterprises, Inc. from the Federal Coastal Barrier Resource System. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the _ day of , 2012. Mayor David Rice Mayor Pro Tem Kim Wigington Commissioner Heather Carruthers Commissioner Sylvia Murphy Commissioner George Neugent (Seal) Attest: Danny L. Kolhage, Clerk By Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By. Res removing Robbie's and Safe Harbor Page 2 of 2 from CBRS (Neugent) BOCC 8/15/12 REVISED 118 7 12 removed marine from Safe Harbor Ent Mayor/Chairperson RESOLUTION No. 426 2004 A RESOLUTION REAFFIR&MG THE f'!' COUNTY'S SUPPORT TO REMOVE ROBBIE'S SAFE HARBOR MARINE, ENTERPRISES, STOCK ISLAND FROM THE COASTAL BARRIER RESOURCES SYSTEM. h WHEREAS, Resolution No. 004-1992 confirmed the commitment of support from the Board of County Commissions to remove Bobbie's Safe Harbor Marine, Enterprises, Stock Island from. the Coastal Barrier Resources System; and WHEREAS, the property was owned by the Federal Government during 1997 when the Department of Interior held public meetings in Monroe County for the purpose of taking public input for recommendations on the addition or removal of property from the Coastal Barrier Resource System and no recommendation to remove the property was presented; and WHEREAS, prior to the effective date of the Coastal Barrier Resources Act, on October 19, 1982 the site had been a fully developed and operational marina; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that it supports the necessary legislation to remove Robbie's Safe Harbor Marina Enterprises, Stock Island from the Federal Coastal Barrier Resource System. PASSED AND APPROVED by the Board of County Commissioners of Monroe County, Florida, at a meeting of said Board held on the 17th day ofNovember A.D. 2004. Mayor Murray Nelson Commissioner Charley "Sonny" McCoy Commissioner George Neugent 'Comumissioner David Rice ' Cothmissioner Dixie Spehar r Clerk C. Deputy cleric not nre P"r not present yes yes yes BOARD OF COUNTY COMMISSIONERS OF 01JEW, FLO A Mayor/Chairp�son MONROE COUNTY ALTO EY .APPROVED AS ZAN E A. ON �sst� urmr Rr,Ev Date BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 17. 2004 Division: Commissioner Spehar Bulk Item: Yes _ No _ Department: r AGENDA ITEM WORDING: Approval of a resolution reaffirming the County's support to exclude Robbie's Safe Harbor Marine, Enterprises, Stock Island from the Coastal Barrier Resources System. ITEM BACKGROUND: In 1992, the Board of County Commissioners declared its support to remove Robbie's Safe Harbor Marine, Enterprises, Stock Island from the Coastal Barrier Resource System by approving Resolution No. 004- 1992. This property had been auctioned by the Federal Government at the same time the Coastal Barrier Improvement Act of 1990 became law. In 1987 the Department of the Interior held public hearings in Monroe County for the purpose of taking public recommendations on the addition or removal of property from the Coastal Barrier Resource System. At that time, the property was owned by the Federal Government and no recommendations were made. As twelve years have passed, this new resolution -is intended to reaffirm the County's continued support to remove Robbie's Safe Harbor Marine, Enterprises, Stock Island from the Coastal Barrier Resource System. PREVIOUS RELEVATION BOCC ACTION: Approved Resolution No. 004-1992 in support of excluding Robbie's Safe Harbor Marine, Enterprises from the Coastal Barrier Resources System. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL: N/A BUDGETED: Yes N/A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/A YearN/A APPROVED BY: County Attorney X OMB/Purchasing N/A Risk Management N/A DIVISION DIRECTOR APPROVAL: /,-J. )77 - o- 1 kd� -- mmissionier Dbee Spehar DOCUMENTATION: Included X To Follow Not Required DISPOSITION: AGENDA ITEM It A RESOLUTION REAFFIRMING THE COUNTY'S SUPPORT TO REMOVE ROBBWS SAFE HARBOR MAIIIINE, ENTF.RFRISES, STOCK ISLAND FROM THE COASTAL BARRIER RESOURCES SYSTEM. WHEREAS, Resolution No. 004-1992 confirmed the commitment of support from the Board of County Commissions to remove Robbie's Safe Harbor Marina Enterprises, Stock Island from the Coastal Barrier Resources System; and WHEREAS, the property was owned by the Federal Government during 1997 when the Department of Interior hold public meetings in Monroe County for the purpose of taking public input for recommendations on the addition or removal of property from the Coastal Barrier Resource System and no recommendation to remove the property was presented; and WHEREAS, prior to the effective date of the Coastal Barrier Resources Act, on October 18,1982 the site had been a fully developed and operational marina; BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that it supports the necessary legislation to remove Robbie's Safe Harbor Marina Enterprises, Stock Island from the Federal Coastal Barrier Resource System. PASSED AND APPROVED by the Board of County Commissioners of Monme County, Florida, at a meeting of said Board held on the day of AD. 2004. Mayor Murray Nelson Commissioner Charley "Sonny" McCoy Commissioner George Neugent Commissioner David Rice Commissioner Dixie Spehar (SEAL) BOARD OF COUNTY COMMISSIONERS Attest; DANNY L. KOLHAGF, Clerk OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson MONROE COUNTY ATTO EY MVEO AS T ZAN E A. ON ASSISTAN LINTY RHEY Otte }r Planning Department RESOLUTION NO. 004- 199L A RESOLUTION DECLARING THE SUPPORT OF THE COUNTY COMMISSIONERS OF MONROE, COUNTY, FLORI- DA, OF LEGISLATION TO EXCLUDE.ROBHIE SAFE- HARSOR MARINE ENTERPRISES, INC. FROM THE COASTAL BARRIER RESOURCES SYSTEN! WHEREAS, the. Florida Keys have been designated by the Legis- lature of the State of Florida as an Area of Critical State Con- cern requiring the development and implementation of a comprehen- sive plan and land development regulations; and WHEREAS, the State and County statutes, ordinances and guide- lines require protection of the shoreline and marine resources including mangroves, coral reef formations, seagrass-beds, wet- lands, fish and wildlife and their habitat, as well as upland resources and habitat; and Whereas, Robbies Safe Harbor Marine Enterprises, Inc. has been included by the Federal Government in its Coastal Barrier Resourc- es System; and WHEREAS, prior to the, effective date of the Coastal Barrier Re- sources Act, on October 18, 1982 this was a fully developed and operational marina ; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, that it supports the necessary legislation to remove Robbies Safe Harbor Marine Enterprises-, Inc. from the Federal Coastal Barrier Resource System PASSED AND ADOPTED by the Monroe County Board of Commissioners of Monroe County, Florida, at a regular meeting of said board held on the7th day of, January A.D. , 1992. Mayor Harvey Yes Mayor Pro TOM London Yes Commissioner Cheal Yes Commissioner Jones Yes Commissioner Stormont Yes (SEAL) Atteat:DAMNy 4 XDS"GA C Wk 9 , 47 , wl' _W1 W1 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairman APPROVED AS r' F^ -' 80_ coo l •Z-'- l—�'r December 12, 1991 State of Florida, Department of Community Affairs Post Office Box 990 Key West, FL 33041 Dear DCA Representative: Enclosed please find the attached photocopies of the following Flood Variance Application(s): 1. Lawrence E. Van Arkel 2. Lynn & Georgia Mapes 3. Robbies Safe Harbor Marina Enterprises, Inc. Sincerely, Dianne Bair, FEMA Coordinator/SPC Transmitted and hand delivered to the State of Florida, Depart- ment of Community Affairs on: Monroe County Building Department Received by: ,t. Department of Community Affairs FMTRANSM. DCA/TXTMDB BOBBIES SAFE HARBOR MARINE ENT. INC. P.O.Box 86 ISLAMORADA, FLA 33036 MARINA LOCATION W OF OLD WIN RD., STOCK ISLAND 12-5-91 MONROE COUNTRY PLANING DIANE BAIR REt .BOBBIES SAFE HARBOR MARINE ENTERPRISES , ING VOW= SAFE HARBOR BOAT REPAIR, INC (4-d-FL- 914) PURCHASED FROM • OF7r'ICE OF REGIONAL GOMEL M. REGION IV, ATLANTA, GA PROPERTY WE ARE =M== REQUESTING A RESMUTION FROM THE MORRO$ COtMTRY BOARD OF COMMISIONERS TO REMOVE THIS PROPERTY FROM THE COASTAL BARRIER PLAN. THANK YOU JM.E.B�IDCKi/E6DT PRUS. M E M O R A N D U M TO: Bob Herman, Director, GMD FROM: Dianne Bair, FEMA Coordinator DATE: June 3, 1991 SUBJECT: FL 57 and Safe Harbor Property Pursuant to the attached request I am submitting the following findings: This property was confiscated by the Federal Government in 1982. In June of 1990 it was listed by the U.S. General Servic- es Administration for auction. R.S. Reckwerdt submitted the high bid in November 1990, and the property was sold to him. Also, in November of 1990 the "Coastal Barrier Resources Act of 1990" became law and this property was included in unit FL 57. During the 1987 public hearings held in Monroe. County by the Department of the Interior for the purpose -of taking public input for recommendations for additions or deletions, this property was owned by the Federal Government and had been for some time. There were no recommendations to delete the property from unit FL 57. i spoke to Frank McGilverey, CBRS Coordinator, with regard to Monroe County recommending this property be deleted under "TECBMI- CAL RMSIONS OF MARS; MODIFICATION TO BOUNDARIES; ADDITIONS TO THE SYSTEM". However, because this section of the Public Law is for the purpose of minor and technical changes for clarifica- tion and is genera y looking to expand a boundary not delete fit, and due to the size of the property, that process would not be the appropriate vehicle. That process is specifically used in the event a unit boundary cuts through the center of a condo- minium project. This would be both minor and technical as it is not the intent to include a part of a condanin;um in the system and not the other part. The boundary could be changed to ex- clude the entire condominium from the CBRS. I was advised that is would take an act of legislation presented by the State Representative or Senator to delete the property at this time. The property owner seeking the deletion must request the State Representative or Senator to present such legislation to Congress. Monroe County should provide a resolution declar- ing support for such legislation the same as was done for Brian Schmidt on Crawl Key. In researching the property, aerial photographs dating back to 1954 show the development in progress. The finished project consists of a completely developed Marina including 3 buildings of approximately 20,400 square feet, 1,350+ feet of concrete bulkhead 150+ feet of concrete breakwater and 750,000 gallon capacity tank farm. A resolution declaring support for the exclusion of this property from FL 57 is appropriate. MEM0.028/TXTMDB fl `17 I W'W N'N 6 r mice _\ E) ?i ?2 W ATrpry�r , 27 This map has been produced by the U.S. Fish and WOW* Service from a set of maps adopted by Congress pursuant to the Coastal Barrier hnprovement Aat P.L. 101•591 and supersedes aff previous maps prepared by the Service concerning undeveloped coastal barriers. The boundary delineation of this map is identical to that adopted by Congress. C 4 � J U.S. General Services Administr;1tion juIle 21, 1990 23.48+ Acres, Key West, Honda F Aw {:10* .� V� U.S. Genera! Services Administration lip � b�k Federal Property Resources Service Office of Real Estate Sales 28.48+ Acres (10.5+ Acres Upland, 12.98+ Acres of Channel Bottom) End of Old Shrimp Road, Stock Island Monroe Co mty, Key West, Florida The U. S. General Services Administration, on behalf of the U. S. Attorney, Southern District of Florida, invites you to bid on this prime Marine/Industrial deep water facility located in the greater Key West, Florida, area. Auction Date: June 21, 1990 - 11:00 a.m. (On Site) Bid Deposit: A bid deposit of $250,000 is required for registration. Bid deposit should be in the form of a cashier's or certified check endorsable to the General Services Administration. Terms: All cash/as-is (60 days to close). Property Inspections: A GSA representative will be on site: April 20-21, May 22, June 20 (10:00 a.m. - 3:00 p.m.) Additional Information: Contact: Bill Holcombe General Services Administration (4DR) 75 Spring Street, SW, Rm. 818 Atlanta, Georgia 30303 (404) 331-2697 RECEIVED MAY 3 1990 MONROE COUIvTf LAND THORITY 9Y nwn■_� � J ^ 00 e� ra i � Q 10.5 ac. upland ' 1cr Safe Harbor o 1 " Additional information concerning the property may be obtained from the following. State of Florida Florida Department of Natural Resources Division of State Lands Bureau of Submerged Lands Management 11400 Overseas Hwy., Suite 121 Marathon, Florida 33050 (305) 743-4508 Florida Department of Environmental Regulations 11400 Overseas Hwy., Suite 123 Marathon, Florida 33050 (305) 743-5955 Florida Department of Natural Resources Division of Beaches and Shores Bureau of Coastal Engineering & Regulations 3900 Commonwealth Blvd. Tallahassee, Florida 32399-3000 (904) 487-4475 Utilities Florida Keys Aqueduct Authority 1100 Kennedy Drive Key West, Florida 33041-1239 (305) 296-2454 City Electric System 1001 James Street Key West, Florida 33041 (305) 294-5272 Monroe County) Planning & Zoning Department 5825 Jr. College Road, West Stock Island Key West, Florida 33040 (305) 294-2908 SW WWl itehadmStreet Key West, Florida 33040 (305) 294-6656 Division of Environmental Resources 5825 Jr. College Road, West Stock Island Key West, Florida 33040 (305) 294-5487 U. S. Govemment U. S. Army Corps of Engineers Engineering.RegigBto Office _ P.O. Box 1619 U. S. Highway 1 Big Pine Key, Florida 33043 (305) 872-3/-05 (Vic Anderson) PRoPERpiy DATA Acatss: Via an easement situated at the End of Old Shrimp Road. Land Area: 23.48± Acres (10.5± Acres Upland - 12.98± Acres Channel Bottom) bprovements: 3 Buildings, approximately 20,400 sq. ft. 1,350± foot Concrete Bulkhead 150± foot Concrete Breakwater 750,000 Callon capacity Tank Farm Zoning: Potential Marine Industrial (M-I) tltlli"es: Public water and electricity. SPECIAL '1XRMS a CONDMONS OF SAJL4E 1. Acceptance of the Offer to Purchase and the award of sale are subject to the approval of the United States Attorney, Southern District of Florida. 2. This property is being offered for sale, subject to a month -to -month lease in the amount of $350.00 per month. Copy of the lease is available upon request. 3 LEGAL DFsc1RiFnoN A parcel of filled and submerged land consisting of part of the area described in 1. I. Deed 20793 and located southerly of Block 57 according to the plat of McDonald's Plat of Part of Stock Island dated 1910, recorded in Plat Book 1 at page 55 of Monroe County Official Records and is more particularly described as follows: From the northwest corner of Block 57, according to said plat go' easterly along the southerly line of Fifth Avenue a distance of 5W feet to a point; thence at right angles and southerly a distance of 224252 feet to a point; thence at right angles and easterly a distance of 1066.72 feet to a point which point is the point of beginning; thence continue easterly along the prolongation of the previously described course a distance of 51553 feet to a point; thence southeasterly making a deflection angle of 77 degrees 25 minutes with the prolongation of the previously described course a distance of 1536.92 feet to a point; thence westerly making a deflection angle of 102 degrees 35 minutes with the prolongation of the previously described course a distance of 848.36 feet to a point; thence northerly and at right angles a distance of 15M feet back to the point of beginning. Containing 23.48 acres, more or less. EAsBN=r DFscRWnON A parcel of land on Stock Island, Monroe County, Florida; and being described as follows: Commence at the Northwest corner of Block 57 of McDonald's Plat of a part of Stock Island as recorded in Plat Book 1 at page 55 of Public Records of Monroe County, Florida and run thence South 6 degrees 56 minutes East along the North boundary line of said Block 57 for a distance of 470 feet to the Point of Beginning of the parcel of land being described herein, thence run South 6 degrees 04 minutes West for a distance of 1283.02 feet; thence run South 41 degrees 58 minutes East for a distance of 40.35 feet to the Southeast corner of T1IF Deed No. 24078 and the West boundary line of TIIF Deed No. 20083, thence run South 6 degrees 04 minutes West along the West boundary of said TIIF Deed No. 20083 for a distance of 932.25 feet to the Southwest comer of said TIIF Deed No. 20083; thence run South 83 degrees 56 minutes East along the South boundary line of said TIT Deed No. 20083, the South boundary line of TIIF Deed No. 19837-A and the North boundary line of TIIF Deed No. 20793 for a distance of 1116.72 feet; thence run North 6 degrees 04 minutes East for a distance of 10 feet; thence run North 83 degrees 56 minutes West for a distance of 1086.72 feet, thence run North 6 degrees 04 minutes East for a distance of 915.62 feet, thence run North 41 degrees 58 minutes West for a distance of 40.35 feet to the West boundary line of said TIIF Deed No. 20083 and the East boundary line of said TIIF Deed No. 24078, thence run North 6 degrees 04 minutes East along the West boundary line of said TIIF Deed No. 20083 and the East boundary line of said TIIF Deed No. 24078, extended Northerly, for a distance of 1269.65 feet to the North boundary line of the said Block 57; thence run North 83 degrees 56 minutes West along the North boundary line of the said Block 57 for a distance of 30 feet back to the Point of Beginning. INsmumoNs TO BIDDERS 1. REGISTRATION OF BIDDERS On the date set for the auction, each prospective bidder , at the sale will be required to register. At the time of registration, immediately preceding the auction, each bidder will be requested to sign a brief statement to the effect that the Invitation For Bids was received prior to the actual commence- ment of the auction. Each bidder will also be required to possess and to exhibit upon request, the bid deposit in the amount and form specified herein. 2 BID FORM a. The qualified bidder submitting the highest bid at the public auction will be required to complete and execute, in duplicate, the bid form attached to this Invitation For Bids, and all information and certifications called for thereon must be furnished. Bids submitted in any other manner or which fail to furnish all information or certifications required may be summarily rejected- b. Bids shall be filled out legibly with all erasures, strikeovers, and corrections initialed by the person signing the bid and the bid must be manually signed. c. Negligence on the part of the bidder in preparing the bid confers no right for withdrawal or modification of the bid. & BID EXECUTED ON BEHALF OF BIDDER A bid executed by an attorney or agent on behalf of the bidder shall be accompanied by an authenticated copy of his Power of Attorney or other evidence of his authority to act on behalf of the bidder. a. Corporation: If the bidder is a corporation, the Certificate of Corporate Bidder must be executed. The certificate must be executed under the cor- porate seal by some duly authorized officer of the corporation other than the officer signing the bid. In lieu of the Certificate of Corporate Bidder, there may be attached to the bid copies of so much of the records of the corporation as will show the official character and authority of the officer sign- ing, duly certified by the secretary or assistant sec- retary, under the corporate seal, to be true copies. b. Partnership: If the bidder is a partnership, and all partners sign the bid, with a notation that they are all the partners, the Government will not ordinarily require any proof of the existence of the partnership. If all the partners do not sign the bid, then the names of all those except limited partners must be furnished on the bid and the Government, in its discretion, may require evidence of the authority of the signer(s) to execute the bid on behalf of the partnership. 4. BID DEPOSIT Each bid must be accompanied by a bid deposit of not less than the amount required by this Invitation For Bids, in the form of a certified check, cashier's check, or postal money order made payable to the order of the General Services Administration or (Name of Bidder). This will enable bidders whose bids am rejected to negotiate the instrument once it is returned. Failure to so provide such bid deposit shall require rejection of the bid. Upon acceptance of a bid, the appropriate bid deposit of the successful bidder shall be applied toward payment of the successful bidder's obligation to the Government. S. ADDITIONAL INFORMATION The General Services Administration issuing office, at the address given in this Invitation For Bids, will, upon request, provide additional copies of this Invitation For Bids, Bid and Acceptance, and answer requests for additional information concerning the property offered to facilitate preparation of bids. Each bid submitted shall be deemed to have been made with full knowledge of all terms, conditions, and requirements contained in this Invitation For Bids. 6. NOTICE OF ACCEPTANCE OR REJECTION Notice by the Government of- acceptance or rejection of a bid shall be deemed to have been sufAderttly given when telegraphed or mailed to the bidder or his duly authorized representative at the address indicated In the bid documents. The Government's processing of a bid deposit shall not, in itself, constitute acceptance of the bidder's offer. The Government reserves the right to reject any or all bids or portions thereof. 7. WAIVER OF INFORMALITIES OR IRREGULARITIES The Government may, at is election, waive any minor informality or irregularity in bids received. (-iENERALTERMS OF SALE t. TERM • "Invitation For Bids" The term "Invitation For Bids" refers to: The Instructions to Bidders, the General Terms of Sale; any Special Terms of Sale; the provisions of the Bid Form; and all as may be modified or supplemented by any addenda issued prior to the auction. 2 DESCR IPRON The descriptions of the property set forth in the Invitation For Bids (Offer to Purchase) and any other information provided therein with respect to said property are based on information available to the GSA sales office and are believed to be correct, but any error or omission, including but not limited to the omission of any information available to the agency having custody over the property and/or any other Federal agency, shall not constitute ground or reason for nonperformance of the con- tract of sale, or claim by purchaser for allowance, refund, or deduction from the purchase price. 9. CONDITION OF PROPERTY The property is offered for sale and will be sold "As Is" and "Where Is" without representation, war- ranty, or guaranty as to quantity, quality, character, condition, size, or kind, or that the same is in con- dition or fit to be used for the purpose for which intended, and no claim for any allowance or de- duction upon such grounds will be considered after the auction. 4. CONTINUING OFFERS The high bid received shall be deemed to be a continuing offer after the date of the auction for 60 calendar days, unless the bid is accepted or rejected by the Government before the expiration of the specified number of calendar days or the consent of the bidder shall be obtained prior to such expiration. 5. DELAYED CLOMG The successful bidder will pay interest on the outstanding balance of the purchase price if the closing of the sale is delayed, and the delay is caused, directly or indirectly, by the successful bidder's actions and not by fault of the Govern- ment. This rate to be computed is based on the yield of 10-year United States Treasury maturities as reported by the Federal Reserve Board in "Fed- eral Reserve Statistical Release H.15" plus 1-1 /2% rounded to the nearest one -eighth percent (1 / 89'0). & TAXES As of the date of conveyance, the successful bidder shall assume responsibility for all general and/or special real and personal property taxes which have been or may be assessed on the property. 7. RUSK OF LOSS As of the date of conveyance, the successful bidder shall assume responsibility for care and handling and all risks of loss or damage to the property and have all obligations and liabilities of ownership. 8. REVOCATION OF BID AND DEFAMT a. In the event of revocation of a bid after the auction but prior to acceptance, or in the event or revocation of a bid after notice of acceptance, or in the event of any default by the successful bidder in the performance of the contract of sale created by such acceptance, or in the event of failure by the successful bidder to consummate the transaction, the deposit, together with any payments subsequently made on account, may be forfeited at the option of the Government, in which event the bidder shall be relieved from further liability- b. If this Offer to Purchase is accepted by the seller and: (1) Seller fails for any reason to perform its obligations as set forth herein; or (2) Title does not transfer or vest in the Purchaser for any reason although Purchaser is ready, willing, and able to dose, Seller shall promptly refund to Purchaser all amounts of money Purchaser has paid without interest whereupon Seller shall have no further liability to Purchaser. 9. TITLE EVIDENCE Any title evidence which may be desired by the successful bidder will be procured by him at his sole cost and expense. The Government will, however, provide a copy or allow the successful bidder or his authorized agent to examine and inspect such deeds, abstracts, affidavits of title, judgments in condemnation proceedings, or other documents relating to the title of the premises and property involved, as it may have available. it is understood that the Government will not be obligated to pay for any expense incurred in connection with title matters or survey of the prolerty. 1(1. T1TLE Conveyance of the property to the successful bidder will be accomplished by a Quitclaim Deed and, where appropriate, a bill of sale in conformity with local law and practice. 11.TENDER OF PAYMENT AND DELIVERY OF INSTRUMENT OF CONVEYANCE The successful bidder shall on a mutually agreeable date not later then 60 days after acceptance of the bid, or such longer period, as may be agreed upon in writing, tender to the Government, by wire transfer, the balance of the purchase price. Upon such tender being made by the successful bidder, the Government shall deliver the instrument(s) of conveyance. 12. DOCUMENTARY STAMPS AND COST OF RECORDING The successful bidder shall pay all taxes and fees imposed on this transaction and shall obtain at his own expense and affix to all instruments of conveyance and security documents such revenue and documentary stamps as may be required by Federal and local law. All instruments of conveyance and security documents shall be placed on record in the manner prescribed by local recording statutes at the successful bidder's expense. I& CONTRACT The "Invitation For Bids," and the bid when accepted by the Government, shall constitute an agreement for sale between the successful bidder and the Government. Such agreement shall constitute the whole contract to be succeeded only by the formal instruments of transfer unless modified in writing and signed by both rties. No oral statements or representations made by, or for, or on behalf of either party shall be a part of such contract, or any interest therein, be transferred or assigned by the successful bidder, without consent of the Government, and any assignment transaction without such consent shall be void. 14. OFFICIALS NOT TO BENERT No member of or delegate to the Congers, or resident commissioner, shall be admitted to any share or part of the contract of sale or to any benefit that may arise therefrom, but this provision shall not be construed to extend to the contract of sale if made with a corporation for its general benefit. PUBLIC AUCTION Offer To Purchase Government Real Property To Be Completed By The Highest Bidder Only The undersigned bidder hereby offers and agrees, if this bid is accepted within sixty calendar days after the date of auction, to purchase the property described as Amount of Bid: $ Bid Deposit: $ received day of sale. The instrument(s) of conveyance should name the following as Grantee(s): Bidder is: (check one) () Individual ( ) Partnership () A Trustee ( ) A Corporation Name Street City State Zip Telephone( Signature Date Signer's Name & Title (type or print) CERTIFICATE OF CORPORATE BIDDER 1, certify that I am of the Corporation named as (Secretary or other Ofrxftl oft) bidder herein, that who signed this Offer to (Name) Purchase on behalf of the bidder was then (offl w Title) of said Corporation; that said Offer to Purchase was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of its corpo- rate powers. (signawre of Card" officer) CORPORATE SEAL xx 007 Chapter 163, Florida Statutes, and Staff's recommendation for a joint proposal from Wallace -Roberts -Todd and Freilich, Leitner. Motion was made by Commissioner Stormont and seconded by Commissioner Landon to approve Staff recommen- dation for a minimal LDR system per the previous Board determinations. Roll call vote was unanimous. The Board proceeded to discuss recommendations made by the Parks and Recreation Board. Motion was made by Commissioner Stormont and seconded by Commissioner Jones to approve the followings Recommendation 91-10 The Parks Board recommends that the BOCC direct staff to take actions necessary to install lights at the tennis courts owned by the County on 33rd Street Gulf - side in Marathon, to be financed with impact fees, and to include a pay meter system. Recommendation 91-11 The Parks Board recommends that the Public Works Department continue to yearly seek and acquire TDC funds for the use of beach maintenance. Roll call vote was unanimous. Motion was made by Commissioner Stormont and seconded by Commissioner London to adopt the following Resolution declaring the support of the County Commissioners of legislation to exclude Robbie Safe Harbor Marine Enterprises, Inc. from the Coastal Barrier Resources System. Roll call vote was unanimous. RESOLUTION NO. 004-1992 See Res. Book No. 105 which is incorporated herein by reference. Consent Agenda Boundary Determinations Motion was made by Commissioner Jones and seconded by Commissioner London to adopt the following Resolution confirming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 80, Lots 14, 15, 16 and 20, Block 7, Thompson's Subdivision, Key Largo, Monroe County, Florida, approximately Mile Marker 99. Roll call vote was unanimous. RESOLUTION NO. 005-1992 See Res. Book No. 105 which is incorporated herein by reference. Motion was made by Commissioner London and seconded by Commissioner Jones to adopt the following Resolution con- firming the Administrative Boundary Interpretation of the Planning Director in Land Use District Map Boundary Interpretation Number 81, Lot 14, Raes Cuda Canal, Rey Largo, Monroe County, Florida, approximately Mile Marker 95. Roll call vote was unanimous. RESOLUTION NO. 006-1992 See Res. Book No. 105 which isincorporated herein by reference. There being no further business, the meeting was adjourned. 6b4�>P (q5z I N O z 0 C I