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Item N02BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 19, 2009 Division: County Attorney Bulk Item: Yes X No Staff Contact Person/Phone #: Suzanne Hutton, #3470 AGENDA ITEM WORDING: Approval of a) Addendum VII to Grant Contract to transfer four (4) County -owned parcels located within the City of Marathon to the City of Marathon and b) approval for the Mayor to execute the correlating Quit Claim Deed approved by the Florida Communities Trust, upon receipt of the executed Addendum VII to Grant Contract from the City of Marathon. ITEM BACKGROUND: The County owns four (4) parcels of property located within the City of Marathon (Grassy Key), which were inadvertently omitted from the transfer agreement with the City at the time the City incorporated. The City of Marathon is maintaining three (3) of the four (4) parcels as a passive park area. Since the properties were purchased with grant funds from the Florida Community Trust (FCT), approval from the FCT is required prior to transfer of ownership. On 4/15/09 the Board granted conceptual approval to transfer ownership of these four (4) parcels to the City of Marathon. Written notification was received from FCT providing the Addendum VII to Grant Contract: Rate of Growth Control Project #93-001-CS1) requiring execution by the Board and the City of Marathon and requesting a proposed deed transferring title for their approval. PREVIOUS RELEVANT BOCC ACTION: 4/15/09 BOCC granted conceptual approval to transfer ownership of four (4) County -owned parcels located in the City of Marathon to the City of Marathon. CONTRACT/AGREEMENT CHANGES: Transfers ownership of the four (4) parcels, and obligation for compliance with the terms of Grant Contract #93-001-CS 1 as it relates to these four (4) parcels, to the City of Marathon STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty -�01 OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 7109 AGENDA ITEM # This document prepared by: Kristen L. Coons, Esq. Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 PROJECT NAME Rate of Growth Control FLORIDA COMMUNITIES TRUST PROPOSAL NUMBER 93--001-CS1 FLORIDA COMMUNITIES TRUST AREA OF CRITICAL STATE CONCERN PROGRAM ADDENDUM VII TO GRANT CONTRACT THIS ADDENDUM VII to the Grant Contract is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and MONROE COUNTY, a political subdivision of the State of Florida ("FCT Recipient") and CITY OF MARATHON, a political subdivision of the State of Florida ("City"), this day of , 2009. WHEREAS, the parties hereto entered into a Grant Contract which sets forth, the terms and conditions on the use of the proceeds of certain bonds and the lands acquired with such proceeds (Project Site), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Sections 259.101, 375.045, and Chapter 380, Part III, Florida Statutes. The Grant Contract was recorded in Official. Records Book 1306, page 417, of the Public Records of Monroe County, Florida. WHEREAS, the FCT Recipient has requested that FCT approve the transfer of title to certain lands, as described in Exhibit "A" attached hereto and made a part hereof ("Property"), acquired by the FCT Recipient in the Project Site and subject to the terms of the Grant Contract, to the City of Marathon ("City"); WHEREAS, Condition 111.4. of the Grant Contract states that any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee, containing such covenants, clauses, or other restrictions as are sufficient to protect the interest of the people of Florida. ADDVII/93-001-CS1 07/01/2009 1 WHEREAS, on August 22, 2001, the FCT governing body approved the transfer to the City of the Property purchased by the FCT Recipient with funds awarded under the terms of this Grant Contract. WHEREAS, four parcels were inadvertently omitted from the prior transfer agreement and are now being included in the transfer to the City; WHEREAS, the conditions for property transfers from the FCT Recipient to the City have been established and the parties desire to incorporate those conditions into the Grant Contract; WHEREAS General Condition 1.4. states that the Grant Contract may be amended at any time. The amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows: Section VIII. is hereby added to read as follows: VIII. PROCEDURE TO RELEASE PARCELS TO THE CITY OF MARATHON 1. FCT governing body shall review and approve the parcel(s) for which release -is requested for compliance with the following requirements: a. The City must confirm agreement to accept title to the parcel(s) by executing this addendum. b. By executing this addendum the City is confirming the legal and tax consequences under Florida and federal income tax law affecting the parcel(s) under Preservation 2000. 2. This addendum shall be executed by FCT, the FCT Recipient and the City and recorded in the Public Records of Monroe County, Florida. 3. All terms and conditions of the Grant Contract still apply to all parcels retained by the FCT Recipient. 4. All terms and conditions of the Grant Contract still apply to all parcels transferred to the City and by executing this addendum the City acknowledges those restrictions. ADDVII/93-001-CS1 07/01/2009 2 The date of execution of this addendum shall be the date that the last party signs this addendum. THIS ADDENDUM VII TO GRANT CONTRACT, ADDENDUM VI, ADDENDUM V, ADDENDUM IV, ADDENDUM III, ADDENDUM II, ADDENDUM I, the GRANT CONTRACT AND ALL EXHIBITS embody the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM VII TO GRANT CONTRACT. MONROE COUNTY BY: Title Date: (Seal) ATTEST: DANNY L. KOLHAGE, CLERK By: Deputy Clerk Accepted as to Form and Legal Sufficiency: < �� / Z /�- CITY OF MARATHON BY: Title: Date: (SEAL) ATTEST: CLERK, City of Marathon ADDVII/93-001-CS1 07/01/2009 3 FLORIDA COMMUNITIES TRUST Ken Reecy Community Program Manager Date: Accepted as to Form and Legal Sufficiency: Date: Accepted as to Form and Legal Sufficiency: By: Date: STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 2009, by Ken Reecy, as Community Program Manager of the Florida Communities Trust. He is personally known to me. Notary Public Print Name: Commission No. My Commission Expires: STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of , 2009, by George Neugent as Mayor of the Board of County Commissioners of Monroe County, Florida. He\She is personally known to me. STATE OF FLORIDA COUNTY OF MONROE The foregoing day of Notary Public Print Name: Commission No. My Commission Expires: instrument was acknowledged before me 2009, by , City of Marathon, Florida. personally known to me. Notary Public Print Name: Commission No. My Commission Expires: ADDVII/93-001-CS1 07/01/2009 4 this _, as He\She is Exhibit "A" Tax Id Numbers: 00360240-000000 and also 00360250-000000 and also 00360260-000000 and also 00373720-000000. END OF LEGAL DESCRIPTION ADDVII/93-001-CS1 07/01/2009 5 This instrument prepared by, or under the direction of SUZANNE A. HUTTON Monroe County Attorney FBN# 336122 P. O. Box 1026 Key West, FL 33041 QUIT CLAIM DEED Re: AK#1456802/RE4 00373720-000000 AK# I4423211RE4 00360240-000000 AK#1442330/RE4 00360250-000000 AK#1442348/RE# 00360260-000000 THIS DEED, made this _ day , 2009, by the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida and party of the first part, to the CITY OF MARATHON, a municipality incorporated in the State of Florida and party of the second part, whose address is P. O. Box 500430, Marathon, Florida 33050. WITNESSETH, that the said party of the first part, for and in consideration of the assumption and jurisdiction and responsibility over the property conveyed lierein does hereby remise, release and quitclaim unto the said party of the second part forever, all the right, title, interest, claim and demand which the said party has in and to the following described real property lying and being in Monroe County, Florida, to wit: CRAIN'S SUBDIVISION GRASSY KEY Lot 9, Block 53, Crain's Subdivision of Grassy Key, according to the Plat thereof as recorded in Plat Book 1, Page 51, of the Public Records of Monroe County, Florida. (Alternate Key: 1456802/Parcel ID: 00373720-000000) SUNSET BAY, GRASSY KEY Lots 1, 2, and 3, Block 1-A, Sunset Bay, according to the Plat thereof, as recorded in Plat Book 5, Page 45 of the Public Records of Monroe County (Alternate Key: 144232 1 /Parcel ID: 00360240-000000) (Alternate Key: 1442330/Parcel ID: 00360250-000000) (Alternate Key: 1442348/Parcel ID: 00360260-000000) By acceptance of this deed, grantee herein hereby agrees that the use of the Property described herein shall be subject to the covenants and restrictions as set forth in that certain Grant Contract recorded in Official Record Book 1306, Page 0417, Public Records of Monroe County , Florida, as amended. These covenants and restrictions shall run with the Property herein described. If any of the covenants and restrictions of the Grant Contract are violated by the grantee or by some third party with the knowledge of the grantee, 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 in accordance with the Grant Contract without further notice to grantee, its successors and assigns, and grantee, its successors and assigns shall forfeit all right, title and interest in and to the Property described herein. Page 1 of 2 TO HAVE AND TO HOLD the same together with thereunto belonging or in anywise pertaining, and all the estate, claim whatsoever of the said first party, either in law or equity, behoof of the said second party forever. Re: AK41456802/RE# 00373720-000000 AK# 1442321/RE# 00360240-000000 AK41442330/RE# 00360250-000000 AK41442348/RE# 00360260-000000 all and singular the appurtenances right, title, interest, lien, equity and to the only proper use, benefit and IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting as the Mayor of said Board, the day and year aforesaid. (SEAL) ATTEST: DANNY L. IiOLHAGE, CLERK By Deputy Clerk BOARD OF.COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman �j AS TO k Ac P" �� C] �" 5;. '!`��i�i�. P,. U fTON c, UN � :' �Y Page 2 of 2 CC OCOUNTYMONROE KEY WEST FLORIDA 33040 (305)2944641 Suzanne A. Hutton, County Attorney** Robert B. SluUuiaer, Chief Assistant Counh, Attorney � Pedro J. Mercado. Assistant County Attorney ** Susan M. Grimslev_ Assistant County Attorney ** Natileene W. Cassel, Assistant Counh, Attorney Cynthia L. Hall. Assistant County Attorney Ciristine Limbert-Barrows. Assistant Counh, Attorney Derek V. Howard, Assistant County Attorney Lisa Granger, Assistant County Attorney * * Board Certified in City, County & Local Govt. Law August 4, 2009 Ms. Patti Childress, Land Steward/Biologist City of Marathon 9805 Overseas Highway Marathon, Florida 33040 Re: Transfer of four 4parcels on Grassy Key to the City of Marathon Dear Ms. Childress: Enclosed please find four (4) duplicate originals of "Addendum VII to Grant Contract" which must be executed by both Monroe County and the City of Marathon, pursuant to the Grant Contract for the FCT Rate of Growth Control Project, Project Number 93-001-CS1. i have also enclosed a copy of the proposed "Quit Claim Deed" that has been approved by FCT and, per your 2/10/09 email to Beth Leto, a copy of the FCT Grant Contract and the Land Management Plan for your information. We will be presenting these documents to our Board for their approval at their August 19`' meeting. Please coordinate approval and execution of the "Addendum VII to Grant Contract" by the Marathon City Council and forward all four (4) executed originals to Kathy Peters, County Attorney's Office, P. O. Box 1026, Key West, FL 33041-1026. Upon receipt, this office will forward both documents to our Clerk for execution by the Mayor and forwarding on to FCT for their execution and return. A fully executed copy of both documents will be recorded in the Official Records of Monroe County and a copy will be provided to you for your records upon receipt by this office. If you have any questions, please feel free to contact either myself by phoning (305) 292-3470 or Kathy Peters directly by phoning (305) 292-3472. Thank you for your assistance and cooperation in this matter. Sincerely, ANNE A. HUTTON County Attorney SAH:kmp Enclosures Wage 1 of 1 Peters -Katherine From: Kristen. Coons@dca.state.fl.us Sent: Tuesday, August 04, 2009 12.26 PM To: Peters -Katherine Cc: Bergh -Beth; Hutton -Suzanne; Rosch-Mark; Grant.Gelhardt@dca.state.fl.us; Ken.Reecy@dca.state.fl.us Subject: Re: REVISEDf ADDENDUM VII TO GRANT CONTRACT - FCT Rate of Growth Control Project #93-001- CS1- Transfer of four (4) parcels located in Grassy Key, Marathon to the City of Marathon Attachments: Revised Addendum VII Kristen FCT 8 3 09 REVISED KMP 8 4 09.doc Greetings --- that sounds like a great plan of action --- thanks for all your hard work and we look forward to receiving the amendment for FCT to sign. If you need anything further, please let me know -- thx, kc Kristen L. Coons, Esq Assistant General Counsel Senior Attorney - Florida Communities Trust Department of Community Affairs Florida Communities Trust 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850-922-1700 fax: 850-922-2679 We are committed to maintaining the highest level of service and we value your feedback. Please complete our Customer Service Survey by visiting http://www.dca.state.ft.us/CustomerServiceSurvey/. However, if you require direct assistance or a response, please visit http://Www.dca.state.fl.us/contactus/. Affordable, quality health insurance coverage is now available for any uninsured Floridians ages 19-64. To learn more, visit www.CoverFloridaHealthCare.com. Florida has a broad public records law and all correspondence, including email addresses, may be subject to disclosure. "Peters -Katherine" <Peters-Katherine@MonroeGounty- FL.Gov> 0810412009 12:08 PM To <kristen.coons@dmstate.fl.us> cc "Hutton -Suzanne" <Hutton -Suzanne@ MonroeCounty-FL,Gov>, "Rosch-Mark" <Rosch- Mark@MonroeCounty-FL.Gov>, "Bergh -Beth" <Bergh-Beth@monroecounty-fl.gov> Subject REVISEDf ADDENDUM VII TO GRANT CONTRACT - FCT Rate of Growth Control Project #93-001-CS1- Transfer of four (4) parcels located in Grassy Key, Marathon to the City of Marathon 8/4/2009 Page 1 of 4 Peters -Katherine From: Peters -Katherine Sent: Tuesday, August 04, 2009 12:09 PM To: 'kristen.coons@dca.state.fl.us' Cc: Hutton -Suzanne; Rosch-Mark; Bergh -Beth Subject: REVISEDf ADDENDUM VII TO GRANT CONTRACT - FCT Rate of Growth Control Project #93-001-CS1- Transfer of four (4) parcels located in Grassy Key, Marathon to the City of Marathon Attachments: Revised Addendum VII Kristen FCT 8 3 09 REVISED KMP 8 4 09.doc Good morning Kristen -- hope your day is going well. The County Attorney has reviewed the revised Addendum VII you emailed yesterday (which does away the Second Release from Conditions of Grant Contract) and has determined it is the more appropriate document to proceed with. I have taken the liberty of editing your revised Addendum VI1 to provide for the attest by the Clerk of the County/City of Marathon which is required on our documents, etc. I have attached a copy of the edited version fyi. Four (4) originals will be forwarded to Ms. Patti Childress, who has been coordinating the County Attorney on behalf of the City of Marathon, for her to present to the Marathon City Council, have executed and return to us. We will also be presenting this to our Board at their regular August 19rh meeting and hopefully, upon receipt of the executed does from Marathon, we can forward on to our Mayor along with the Quit Claim Deed for execution. Upon receipt of the fully executed Addendum VII from you, we will ensure the Addendum VII and the Quit Claim Deed are recorded in the Official Records of Monroe County. Please advise if I am overlooking anything. Thanks so much for all of your help. Have a great day! Kathy Peters for: Suzanne A. Hutton County Attorney From: Kristen.Coons@dca.state.fl.us[mailto:Kristen. Coons@dca.state.fil.us] Sent: Monday, August 03, 2009 4:23 PM To: Peters -Katherine Cc: Bergh -Beth; Hutton -Suzanne; Rosch-Mark Subject: Re: FCT Rate of Growth Control Project #93-001-CS1- Transfer of four (4) parcels located in Grassy Key, Marathon to the City of Marathon Greetings, When I spoke to Mark on Friday, we weren't sure why the City needed to be released from the grant restrictions; in fact, we concluded the conditions did not need to be released and the City would take these properties with the restrictions intact. To that extent, I drafted what is attached to reflect that conversation. Unsure if this is no longer the case, but just something to think about. Let me know if you wish to proceed with the attached documents or the prior documents. I know the QCD states the restrictions remain in place, but this addendum makes that even clearer. As I have said before, the FCT files on this project are slim to say the least, so I will defer to the County on how you want to handle this matter. Katherine, I left you a long, rambling message — but basically stated that we show an addendum 6 was completed that amended the grant award; however, I have a routing sheet that shows an addendum 6 existed but do not possess the actual addendum. That is why this addendum was title #7; but again, I will defer to the County on the numbering of this addendum. 8/4/2009 Page 2 of 4 If the County wishes to proceed with the prior documents, those are approved, including the quit claim deed. Of course, the attached document is approved too. I look forward to resolving this issue soon; please contact me with any questions or concerns. Thanks, Kristen Kristen L. Coons, Esq Assistant General Counsel Senior Attorney - Florida Communities Trust Department of Community Affairs Florida Communities Trust 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850-922-1700 fax: 850-922-2679 We are committed to maintaining the highest level of service and we value your feedback. Please complete our Customer Service Survey by visiting http://www.dca.state.fl.us/CustomerServiceSurvey/. However, if you require direct assistance or a response, please visit http://www.dca.state.fl.us/contactus/. Affordable, quality health insurance coverage is now available for any uninsured Floridians ages 19-64. To learn more, visit www.CoverFloridaHealthCare.com. Florida has a broad public records law and all correspondence, including email addresses, may be subject to disclosure. fax: 850-922-2679 We are committed to maintaining the highest level of service and we value your feedback. Please complete our Customer Service Survey by visiting http:/Iwww.dca.state.fl.us/CustomerServiceSurvey/. However, if you require direct assistance or a response, please visit http://www.dca.state.fl.us/contactus/. Affordable, quality health insurance coverage is now available for any uninsured Floridians ages 19-64. To learn more, visit www.CoverFloridaHealthCare.com. Florida has a broad public records law and all correspondence, including email addresses, may be subject to disclosure. "Peters -Katherine" <Peters-Katherine@Monroecounty- To FL.Gov> <kristen.coons dcastate.fl.us> cc "Hutton -Suzanne" <Hutton-Suzanne@MonroeCounty-FL.Gov>, "Rosch-Mark" <Rosch- 08/03/2009 02:58 PM Mat@ MonroeCounty-FL.Gov>, "Bergh -Beth" <Bergh-BethQmonroecounty-ft.gov> Subject FCT Rate of Growth Control Project #93-001-CS1- Transfer of four (4) parcels located in Grassy Key, Marathon to the City of Marathon Good afternoon Ms. Coons - My name is Kathy Peters and I am a paralegal in the County Attorney's Office in Key West, Florida. County Attorney Suzanne Hutton has tasked me with preparing the documentslagenda package to present to our Board of County Commissioners at their next meeting August 19th to facilitate the transfer of four (4) parcels located in 8/4/2009 Page 3 of 4 Marathon (Grassy Key) to the City of Marathon which apparently were overlooked back in 2000/2001 when previous transfers of parcels occurred. Based on my research, I found: e The deed(s) for all four (4) parcels reflect they are restricted ONLY under the FCT Rate of Growth Control Grant Project (#93-001-CS1) as recorded in OR Book 1306/417-440 but NOT restricted under the FCT Recreation and Open Space Grant Project (#95-001-CS1). (See above copy of property card descriptions/deeds). • Monroe County previously transferred parcels located in Coco Plum Beach in Marathon to the City of Marathon, that were also restricted under the FCT Rate of Growth Control Grant Project #93-001-CS1, (Grant Contract recorded at OR Book 1306/417), and a correlating Addendum V/Release from Conditions to Grant Contract dated 10/31/2001 and Quit Claim Deed dated 9/19/2001 were fully executed and recorded related to this transfer. o Monroe County also previously transferred the Marathon Community Park to the City of Marathon that was restricted under the FCT Recreation and Open Space Grant Project #95-001-CS1 (Grant Contract recorded at OR Book 1393/1901) with the most recent deed —three (3) deeds in total — recorded 9119/2001: OR 1724/528; OR 1724/567 and OR 1731/183; however, I was unable to locate a correlating recorded Addendum/Release to the Grant Contract related to the transfer of the Marathon Community Park, as was done with the transfer of the parcels under the FCT Rate of Growth Control Grant Project (#93-001-CS1). Based on what I was able to document re: these four (4) specific parcels located in Grassy Key, Marathon - (3 in Sunset Bay and 1 in Crain's Subdivision), conversations with our Land Authority Office (Mark Rosch) and the County Attorney, and pursuant to your letter dated 7/1109 addressed to Beth Leto, it appears we need to: 1. City of Marathon — execute the Second Release from Conditions of Grant Contract (ONLY as to the FCT Rate of Growth Control Grant Project #93-001-CS1) 2. County — execute the Addendum VII/Second Release from Conditions of Grant Contract (ONLY as to the FCT Rate of Growth Control Grant Project (#93-001-CS1). 3. County - Provide proposed Deed transferring the parcels from Monroe County to the City of Marathon citing the required restrictive language as to release from/compliance with the conditions of the Grant Contract. 4. County - Forward the executed Addendum VII/Second Release from Conditions of Grant Contract and the proposed Deed to FCT for approval. If approved, FCT will forward fully executed originals to us for recording in Official Records. For your convenience/eview, I have attached: a) , a copy of your letter dated 7/1/09 b) a copy of the FCT Rate of Growth Control Project #93-001-CS1 (as recorded at OR 1306/417) c) a copy of Addendum VII and Second Release of Growth Project #93-001-CS1 d) a copy of property card descriptionstrecorded deeds for all four (4) parcels e) a copy of proposed Quit Claim Deed (includes all 4 parcels) Our agenda submission deadline for the August 19�1 BOCC meeting is tomorrow 814 by 5:00 p.m.. We had hoped to get your insight/direction as to whether we are moving in the right direction and confirmation that the proposed deed is acceptable before placing the documents before our Board for approvallexecution pending approval/execution by FCT. Thank you so much for your assistance and support in this matter. I had left a phone message for you earlier today but felt it may help to expedite your review/response to forward to you via email so you can review as convenient or I can be reached by phoning (305) 292-3472. Thank you so much. 8/4/2009 Page 4 of 4 Kathy Peters for. Suzanne A. Hutton County Attorney [attachment "Letter from FCT dated 71 09.pdf' deleted by Kristen Coons/DCAIFLEOC] [attachment "Addendum VII and Second Release Rate of Growth Project 93-001-CS1.pdf'deleted by Kristen Coon sID CA/F LEOC] [attachment "Property card descriptions and deeds Crains Sub parcel (1).pdf' deleted by Kristen Coons/DCA/FLEOC] [attachment "Property card descriptions and deeds Sunset Bay parcels (3).pdf' deleted by Kristen Coons/DCAIFLEOC] [attachment "Proposed Draft Deed transfer of all 4 parcels to Marathon. pdf'deleted by Kristen Coon s/DCA/FLEO C] [attachment " FCT Rate of Growth Control Project #93 001 CS1.pdf' deleted by Kristen Coons/DCA/FLEOC] 8/4/2009 Florida Communities Trust - RECEIVED July 1, 2009 'JUL 2 1. 2009 Beth Leto, Asst. Director Public Works Director Monroe County 1100 Simonton Street, Room 2-231 Key West, Florida 33040 RE: Monroe County Transfers to City of Marathon FCT Project Numbers: #93-001-CS1 & 95-001-CS3 Dear Ms. Leto: MONROE COUNTY ATTORNEY Pursuant to your letter dated May 4, 2009, enclosed please find three (3) originals of each of the following documents for completion and signatures as indicated and return to me for FCT signature: 93-001-C.S 1: 1. Addendum VII to Grant Contract 2. Second Release from Conditions of Grant Contract 95-001-CS3: 1. Addendum III to Grant Contract 2. Second Release from Conditions of Grant Contract Please provide me with copies of the proposed deeds transferring title for my approval. I will then send you the originals of the above -listed documents to be recorded in the Public Records of Monroe County with the appropriate deeds. If you have any questions, please give me a call at (850)922-1700. Sincerely, Kristen L. Coons Trust Counsel /klc Enclosure(s) DEPIRTMENT OF CommuNITYAE['AIRs • 2555 SHUNIARD OAK BOULEVARD ° TAL[AHASSEE, FL 32399-2100 850/922-2207 • SUNCom 292-2207 • FAX 850/921-1747 fimo,%C;osw +rrs i'y"I' Itirrr r Cf✓ ,� d /l •(fir 73 wl Board granted conceptual approval to transfer ownership of four (4) County - owned parcels located within the City of Marathon to the City of Marathon, pending clearance from the Florida Community Trust. Board granted approval to accept proposal from Marsh USA, the County's insurance broker for the Property Insurance package, through quality rated insurance companies not to exceed $668,991. It is also being requested that authority be granted to Risk Management to accept an alternative proposal from Marsh if it is believed to provide equal or superior coverage for a lower premium. Board granted approval to solicit a Request for Proposals (RFP's) to provide training services to employees. The training is 100% reimbursable by a grant through South Florida Workforce. Board granted approval to advertise Request for Proposals for Janitorial Services at the Key West International Airport. Board granted approval of Purchase Service Order 2008-1, for Hangars Wetland Mitigation Project - Wetlands Monitoring, First Semi -Annual Monitoring Event; and PSO-2, for Hangars Wetlands Mitigation Project - Wetlands Monitoring Second Semi - Annual Monitoring Event,(SFWMD); Annual Monitoring Event (ALOE), frown Feher Environmental Consulting, Inc.; approval of Invoice 2008.6.1, from Feher Environmental Consulting, Inc. (PSO 2008-1) in the amount of $4,680.00 Board granted approval to waive Purchasing Policies and Procedures for the emergency relocation of the Automated Surface Observations System (ASOS) at the Key West International Airport. Board granted approval to advertise Request for Proposals for Rental Car activities at the Teen Center property at Key West International. Airport. Board granted approval to advertise a Request for Proposals for vendor spaces inside the new and existing passenger terminals at the Key West International. Airport. Board granted approval and authorized execution of Deductive Change Order #2 between Monroe County and The Morganti Group, Inc. to build the new terminal complex at the Key West International Airport. Board granted approval to release half of the original 10% retainage to 5% to four sub -contractors who havereached, substantial completion. on the Morganti contract for work ,at the Florida Keys Marathon Airport. Board granted approval to release half of the original 10% retainage to 5% to eleven sub -contractors who have reach substantial completion on the Morganti contract for work at the Key West International Airport. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 15, 2009 Division: Public Works Bulk Item: Yes X No Department: PW Management Staff Contact Person/Phone#: Beth Leto/292-4560 AGENDA ITEM WORDING: Conceptual approval to transfer ownership of four (4) County -owned parcels located within the City of Marathon to the, City of Marathon, pending clearance from the Florida. Community Trust. ITEM BACKGROUND: The County owns four parcels of property located within the City of Marathon, which were inadvertently omitted from the transfer agreement with the City at the time the City incorporated. The City of Marathon is maintaining three of the four parcels as a passive park area. Since the properties were purchased with grants from the Florida Commnity Trost (FCT), approval from the FCT is required prior to transfer of ownership. Should the BOCC desire to transfer the properties, staff will seek FCT approval and bring back deeds for BOCC approval, upon final clearance from the FCT. PREVIOUS RELEVANT BOCC ACTION: none. 3 o f r i4 w Y CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval to seek FCT clearance to transfer ownership of Real Estate Numbers 00360240-000000, 00360250-000000, 00360260-000000, and 00373720-000000 located with the City of Marathon, from Monroe County to the City of Marathon, and bring deeds back to the BOCC for approval if FCT clearance is obtained. TOTAL COST: n/a BUDGETED: Yes _ No COST TO COUNTY: same SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH $ Year $ APPROVED BY: County Atty. X OMB/Purchasing Risk Management DOCUMENTATION: Included X DISPOSITION: _ Not Required AGENDA ITEM # C- � Sponsored by: Burnett CITY OF MARATHON, FLORIDA RESOLUTION 2009-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, REQUESTING THE TRANSFER OF OWNERSHIP OF PROPERTIES LOCATED ON GRASSY KEY FROM THE MONROE COUNTY LAND AUTHORITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Monroe County Land Authority (the "Authority") purchased the properties within the City of Marathon (the "City' listed on Exhibit A hereto (the "Properties") through a grant agreement. with the Florida Communities Trust prior to the incorporation of the City; and WHEREAS, the Properties were inadvertently omitted from the land transfer agreement between the. Monroe County Board of Commissions and the City of Marathon at the time of incorporation of the City; and WHEREAS, the City currently maintains three of the four parcels which comprise the Properties as a passive park area; and WHEREAS, pending final clearance from the Florida Community Trust, the City wishes to obtain ownership of the Properties from the Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, that: Section 1. The above recitals are true and correct and are incorporated herein Section 2. The City Council hereby requests the transfer of the properties listed in Exhibit A hereto from the Monroe County Land Authority, and directs the City Manager to forward this resolution to the Monroe County Land Authority for their consideration. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Marathon, Florida, this 10th day of March, 2009. APES: Ramsay, Snead, NOES: None ABSENT: None ABSTAIN: 'None ATTEST: �ianeCla City Cleric (City Seal) THE CITY OF MARATHON, FLORIDA Vasil, Worthington, Cinque Cinque, APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: City Atto ey EXHIBIT A Real Estate Number 00360240-000000, 00360250-000000, 00360260-000000, and 00373720-000000 Property Search -- Monroe County Property Appraiser Page 1 of 4 Ervin A. Higgs, CFA p p office (305) 292-3420 Property A raiser fax (305) 292-3501 Monroe County, Florida Property Record Vicnv Ownevship Detail. Mailing Address: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 500 WHITEHEAD STREET KEY WEST,, FL 33040 property Debi 1 q PC Code: 86 - COUNTIES OTHER THAN (PC/LIST) Millage Group: 50CM Affordable No Housing: Section -Township- 24-65-33 Range: Property Location: GRASSY KEY Subdivision: GRAIN'S SUBD Legal Description: BK53 LT 9 GRAINS SUED OF GRASSY KEY PB 1-51 PT SECS 24-25-26 TWP 65S R 33E OR204-75 OR504-7350 MARRIAGE CERT ON FILE OR1099-1648R/S(CAW) OR1342-1956(JMH) OR1550-956167(JMH) Pared Maja b� http://www.mepafl.org/PropSearch.aspx 7/27/2009 Property Search -- Monroe County Property Appraiser Page 2 of 4 A Exemption Amount 14 - COUNTYLANDS 70.00 La # li.i D a? ES Land Use Code Frontage Depth Land Area OOOX - ENVIRONMENTALLY SENS 60 110 1.00 LT 9500 - SUBMERGED 0 0 0.20 AC Building sun -In -'are Number of Buildings: 0 Number of Commercial Buildings: 0 Total Living Area: 0 Year Built: 0 Appratsev Notes ALL MANG VALUE CHANGE DUE TO ADID LIST 615100 BH i Certified Roll Values. I Roll Total Bldg Total Misc Improvement Total Land Total Just (Market} Total Assessed School Exempt School Taxable http://www.mcpafl.org/PropSearch.aspx 7/27/2009 Property Search -- Monroe County Properly Appraiser Page 3 of 4 Year Value Value Value Value Value Value Value 2008 0 0 70 70 70 70 0 2007 0 0 70 70 70 70 0 2006 0 0 70 70 70 70 0 2005 0 0 70 70 70 70 0 2004 0 0 70 70 70 70 0 2003 0 0 70 70 70 70 0 2002 0 0 45 45 45 45 0 2001 0 0 45 45 45 45 0 2000 0 0 45 45 45 45 0 1999 0 0 23,420 23,420 23,420 23,420 0 1998 0 0 23,420 23,420 23,420 23,420 0 1997 0 0 23,420 23,420 23,420 23,420 0 1996 0 0 20,495 20,495 20,495 20,495 0 1995 0 0 70 70 70 70 0 1994 0 0 70 70 70 0 70 1993 0 0 43,370 43,370 43,370 0 43,370 1992 0 0 42,095 42,095 42,095 0 42,095 1991 0 0 42,095 42,095 42,095 0 42,095 1990 0 0 36,995 36,995 36,995 0 36,995 1989 0 0 35,210 35,210 35,210 0 35,210 1988 0 0 35,210 35,210 35,210 0 35,210 1987 0 0 35,250 35,250 35,250 0 35,250 1986 0 0 22,268 22,268 22,268 0 22,268 1985 0 0 22,268 22,268 22,268 0 22,268 1984 0 0 22,268 22,268 22,268 0 22,268 1983 0 0 22,268 22,268 22,268 0 22,268 1982 0 0 14,460 14,460 14,460 0 14,460 Paucd Sales History NOTE: Sales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Thank you for your patience and understanding. This page has been visited 215,948 times. Monroe County Property Appraiser Ervin A. Higgs, CFA P.O. Box 1176 Key West, FL 33041-1176 http://www.mcpafl.orWPropSearch.aspx 7/27/2009 MONROE COUNTY FILE # 10 9 S 1 4 9 RCD Dec ie 1998 05 r;6PM OFFICIAL RECORDS BK# 1 5 5 0 PG#9 5 6 DANNY L KOLHAGE, CLERIC Grantee S.S.# Is� TNnRl" WARRATYDEOD t6. We Indenture macs this day of AJoy,-mbt. , 1998 BETWEEN MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under Section 380.0003(1), Florida Statutes and Monroe County Ordinance No. 031-1980, a1 3709 N. Roosevelt Blvd., Key West, FL 330e0, GRANTOR% and MONROE COUNTY BOARD OF COUNTY COMMtiS1ONERS, a Political Subdivision of the State of Florids&, of so whhehead Street, Kay West, PL 3XW, as GRANTEE*. w 1 T N E S S E T H, That said Grantor, for and in considerstfon of the sum of TEN AND =100'S (110.00) Dollars end other good and valuable considerations to said grantor in hand paid by said grantee, the recalpt whereof is hwaby acknowledged, has granted, bergalned and sold to the grantee and grantee's heirs forever the following described land located in the County of MONROE, State of Florldp, t"h: SEE PROPERTY DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT A' A BY ACCEPTANCE OF THIS WARRANTY DEED, GRANTEE HEREIN HEREBY AGREES THAT THE USE OF THE PROPERTY DESCRIBED HEREIN SHALL BE SUBJECT TO THE COVENANTS AND RESTRICTIONS AS SET FORTH IN THAT CERT-9UN GRANT CONTRACT RECORDED IN OFFICIAL RECORDS BOOR 1306, PAGE 417-440, PI.IBLIC RECORDS OF MONROE COUNTY, FLORIDA. THESE COVTNMTS AND RESTRICTiONS SHALL AUN WITH THE PROPERTY HEREIN DESCRIBED. IF ANY OF THE COVENANTS AND RESTRICTIONS OF THE GRANT CONTRACT ARE VIOLATED BY THE GRANTEE OR BY SOME THIRD PARTY WITH THE KNOWLEDGE OF THE GRANTEE, 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 IN ACCORDANCE WITH THE GRANT CONTRACT WITHOUT FURTHER NOTICE TO GRANTEE, ITS SUCCESSORS AND ASSIGNS, AND GRANTEE, ITS SUCCESSORS AND ASSIGNS SHALL FORFEIT ALL RIGHT, TITLE AND INTEREST IN AND TO THE PROPERTY DESCRIBE[? HEREIN. and salt grantor does hereby fully warrant the this to said land, and wit deMnd the same against the lawful claims of all persons whomscow. 'Stngutu and plural are interchangeable as conled requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and no this day and year prat above written. WITNESSES �1 11x V-L— Sign 6 Print News rAARK 5, IRO W— Sign & Print Neme E F� MONROE COUNTY COMPREHENSIVE PLAIT LAND AUTHORITY BY: iRLEY FREEMAN, CHAT ri COUNTY OF STATE OF +W+W..tt t I HEREBY CERTIFY that on this`6Ay o j t�t�,19Q�, baton me, an officer duly qualified to take acknowledgernents, personally appeared: SHiRLEY FREEMAN to me known to be the persons described In and who executed the foregoing Instrumew and acknowledged before me that they amuled the same. Drivees License shown as icons Ion. r k NOTARY PUBLIC COMMISSION EXPIRATION: Prepared by. MEYER & P*Ih E, P.A. 31211 Avenue Af� Y IfIEIJtM 01>tANiD Big Pine womommmscc omm ,'1'f� •. arMe'uefRaar11aN1 WsnrMaa FILE # 1 0 9 8 1 4 9 EXHIBIT aA" BA# 1 5 5 0 PG# 9 5 7 ADOBE CASA COURT - Lots 2, 3, and East 112 of Lot 4, Block B, Adobe Casa Court, a subdivision recorded In Plat Book 6, Page 17, of the Public Records of Monroe County, Florida. (RE # 00481320, 00481340) ANGLERS PARK - Lots 12 and 13, Block 6, Anglers Park Metropolitan Section, according to the Plat thereof as recorded in Plat Book 1, Page 168 of the Public Records of Monroe County, Florida. (RE # 00654030, 00564040) BAY HAVEN - Lots 4, 7, and 32, Block 6 of Section 2, Bay Haven, a subdivision as par plat thereof, as recorded in Plat Book 2, Page 24 of the Public Records of Monroe County, Florida; and Lot 9, Block 17, Bay Haven, Section 4, Key Largo, according to the Plat thereof as recorded In Plat Book 2, Page 79 of the Public Records of Monroe County, Florida. (RE # 00516800, 00516830, 00517080, 00519320 B. C. MORENO - Lots 1, 2, and 8, Block 2 and Lots 17,18, 19 and 20, Block 3, according to the Plat of B.C. Moreno Subdivision, as recorded In Plat Book 1, page 138 of the Public Records of Monroe County, Florida. (RE # 00531930, 00531940, 00532000, 00532270. 00532280, 00532290, 00532300) 810 PINE SHORES - Lots 6 and 7, Block 6, Big Pine Shores, according to the Plat thereof, as recorded In Plat Book 5, Page 20 of the Public Records of Monroe County, Florida. (RE # 00316370, 00316380) BURLINGTON HEIGHTS - Lot 11, Burlington Heights, a Subdivision of the South 293.48 feet of Lot 18, Section 28, Township 61 South, Range 39 East, Monroe County, Florida, according to the Plat thereof, as recorded in Plat Book 2, Page 148 of the Public Records of Monroe County, Florida. (RE # 00507070) CHAIN'S SUBDIVISION - Lot 9, Block 63, Crain's Subdivision of Grassy Key, according to the Plat thereof as recorded In Plat Book 1, Page 61, of the Public Records of Monroe County, Florida. (RE # 00375070) CUAJOE ACRES - Parcel III and Parcel VV, Cud)os Acres, Cud)*@ Key, Florida, me recorded In Official Records Book 475, Page 412 of the Public Records of Monroe County, Florida. (RE # 00115510-000000, 00115320-0023000) SUBJECT TO: Dedication of easements for Roads In Cud)oe Acres, as recorded In Official Records Book 475, Page 412 of the Public Records of Monroe County, Florida. CUTTHROAT HARBOR ESTATES - Lot 40, Block 1; Lots 12 and 13, Block 2; Lots 4, 38, 39 and 44, Block 4; Lots 11, 12 end 46, Block 5; Cutthroat Harbor Estates, as recorded In Plat Book 4, Page- III$ of the Public Records of Monroe County, Florida. (RE # 00179810, 00176030, 00176040, 00177000. 00177340, 00177350, 00177400, 00177610,00177620,00177980) SUBJECT TO: Five foot utility easement across rear lot line dated September 9, 1962 and recorded September 7, 1962 In Official Records of Monroe County, Florida. KEY LARGO CITY COTTAGE - Lots 5, 6, 7 and 8, Square 6, Revised Plat No. 6 of Key Largo City Cottage Site Park, according to the Plat thereof as recorded In Plat FILS # X 4a g 8 1 4. 9 13941 5 5 0 PGff 9 5 0 Book 2, Page 3 of the Public Records of Monroe County, Florida. (RE #t 00663640, 00563650, 00563660, 00663670) MIDDLE TORCH KEY - That part of the South 100 feet of the North 300 feat of Part of Government Lot 1, in Section 19, Township 66 South, Range 29 East, lying between the West right of way line of the presently existing state road. and the mean lot water line. Containing approximately 2.33 acres, more or less. (RE #► 00112850-000300) AND ALSO - Government lots 4 and 5 in Section 20, Township 86 South, flange 29 East, of the Tallahassee Meridian, Florida. Middle Torch Key, Monroe County, Florida. LESS a 100 foot Right-of-way according to the Plat of Survey filed In Plat Book 4, Page 99 of the Public Records of Monroe County, Florida. (RE # 00113000, 00113010) OCEAN HEIGHTS - Lote .7 and 8, Block 1, Ocean Heights, according to the Plat thereof as recorded In Plat Book 1, Page 75 of the Public Records of Monroe County, Florida. (RE #00317330, 00317340) SUBJECT TO: Gas, Oil and Mineral Rights as recorded June 9, 1948 In Official Records Book G37, Page 9; and as recorded February 20, 1947 In Official Records Book 035, Page 120 of the Public Records of Monroe County, Florida. However, as to such mineral reservation, the right of entry has been released pursuant to Sec.270.11, F.S. SUBJECT TO: Easement as recorded June 9, 1948 In Official Records Book 037, Page 9 and as recorded February 20, 1947 in Official Records Book G35, Page 120 of the Public Records of Monroe County, Florida. , RAINBOW BEACH - Lot 12, Block 2, Rainbow Beach according to the Plat thereof recorded In Plat Book 1, Page 164 of the Public Records of Monroe County,�Florida. (RE * 00234640) RAMROD KEY - The SW 114 of the SE 114 of Section 31, Township 66 South, Range 29 East, on Ramrod Key, Florida, deed record Book C-3, Page 160 as recorded In the Public Records of Monroe County, Florida. (RE #E 00114250) SACARMA - Lot 8 of Socarma, a subdivision of Government Lots 3 & 4, Section 28, Township 65, Range 28 -East, situate on the Island of Cudloo and recorded In Plat Book 2 at Page 48 of the Public Records of Monroe County, Florida. (RE#00174730) SUMMERLAND ESTATES - LOTS F, G, H, AND S. (Stet: EXHIBIT -A-1- ATTACHED HERETO AND MADE A PART HEREOF). NORTH CAROLINA BEACH - Lots 4, 6, and 6, Square 2, North Carolina Beach Fishing Club, Key Largo, according to the Plat thereof, as recorded In Plat Book 1, Page 93 o1 the Public Records of Monroe County, Florida. (RE #F 00541470, 00541400, 00541490) NORTH SUGARLOAF ACRES - Lot 58, Block 9, according to the Map thereof entitled North Sugarloaf Acres, Section Two, In Section 25 and 26, Township 66 South, Range 27 East on Svgarioef Key, prepared by C. G. Smiley and Associates, Land surveyors, Marathon, Florida, dated February 17, 1269, a copy of said map being attached to a cerlaln Special Warranty Deed recorded In Official Records Book. 427, Pape 1048 and 1049 of the Public Records of Monroe County, Florida. (RE #► 00118110-000200) THOMPSON'S SUBDIVISION - Lots 6, 7, 8, 9, 10, 11,12, 13, 14, 16, 16, 17, Block 12, Thompson's Subdivision, as recorded In Plat Book 1, Page 147 of the Public Records FILE * 1 0 9 8 3.4 9 BK# 9. 5 5 0 PGff9 5 9 of Monroe County, Florida. (RE * 00442620, 00442630, 00442640, 00442060, 00442400, 00442070,0044268.0, 00442690, 00442700, 00442710, 00442720, 00442730) TORCH KEY ESTATES - Lot 1, Black 1; Lot 1, Black 2; Lots 3, 23, 24, 33, 34, and 36, Block 3; Lots 1, 28, and 33, Block 4; Lots 5 and 6, Block 8; Lots 1 and 22, Block 6; Lot 17, Block 7 Revised Plat of Torch Key Estates, according to the Plat thereof as recorded In Plat Book 4, Page 40 of the Public Records of Monroe County, Florida. (RE #E 00212070, 00212300, 00212750, 00212950, 00212NO, 00213050, 00213060 00213080, 0000213100, 00213350, 00213420, 00213470, 00213480, 00213700: 00213910,00214090. SUBJECT TO: Restrictions recorded May 27, 1958 In Official Records Book 126, Pape 448 of the Public Records of Monroe County, Florida. SUBJECT TO: Easement! Dated February 13, 1260 and recorded March 14, 1960 In Offlclal Records Book 179, Pape 26 of the Public Records of Monroe County, Florida. SUBJECT TO: Easement dated March 21, 1901 and recorded March 28, 1001 In Official Records Book 212, Page 129 of the Public Records of Monroe County, Florida. TROPICAL CORAL REEF ESTATES - Lot 4, Tropical Coral Reef Estate*, according to the Plat thereof as recorded In Plat Book 6,Pape 8 of the Public Records of Monroe County, Florida. (RE #00419225-000400) TUXEDO PARK - Late 6 and 7, Block 1; Lots 8 and 9, Block 3, Tuxedo Park, according to the Plat thereof as recorded In Plat Book 1, Pape 134 of the Public Records of Monroe County, Florida. (RE # 003111350, 00318360. 00318010 and 00313020) WICKFIELD ACRES - Lots AS, AU, AW, BA, SH, 81, BM AND SO. (SEE EXHIBITS "A-2, A-3, A 4, A-5, A-6 AND A-7" ATTACHED HERETO AND MADE A PART HEREOF, (RE#E 00110230-004400, 00110230-004600, 00110230-004800, 00110230.005200, 00110230-005800, 00110230-006900, 00110230-006300, 00110230-006700) ' X'1 �1 EXHIBIT "A" -1 PILE # 2. 0 9 8 1 4 9 PROPERTY DESCRIPTION: BK# 2 5 5 0 PG99 6 0 DESCRIPTION OF LOT F: A parcel of land In a part of Lot 20 of "SUMMERLAND ESTATES" as recorded In Plat Book 2, Page 187 of the Public Records of Monroe County, Florida and being more particularly described by metes and bounds as follows: Commencing at the Northwest corner of Lot 26, bear South 17 degrees and 31 minutes East, $3.33 feet to the P01NT pF BEGINNING or the parcel of land, hereinafter d.eeeribed; from said POINT OF BEGINNING, continue bearing South 17 degrees and 31 minutes East, 83.33 test; thence bear North 72 degrees and 29 minutes East, 204,78 feet; thence bear North 17 degrees and 31 minutes West, 83.33 feet; thence bear -South 72 degesse and 29 minutes West, 284.75 feet, back to the POINT OF BEGINNING. (RE#00200680-000800 ) DESCRIPTION OF LOT G A parcel of land In a part of Lot 26 of "SUMMERLAND ESTATES", as recorded 2, Page 107 of the Public Records of Monroe In Plat Book described by meta@ and bounds as follows; County, Florida and being mare particularly Commencing at the Northwest corner of Lot 26, bear South 17 degrees and 31 minutes East, 148.48 foot to the POINT OF BEGINNING, of the parcel of land hereinafter described; from said POINT OF BEGINNING, continue bearing South 17 degrees and 31 minutes East, $3.33 feet; thence bear North 72 degrees and 29 minutes East, 264.75 fdet; thence bear North 17 degrees and 31 minutes West 83.33 feet; thence bear south 72 degrees and 29 minutes West 204.75 feet, back to the POINT OF 13EGINNING.(RE#00200680-000900 j DESCRIPTION OF LOT H A parcel of land In a part of Lot 26 Of "SUMMERLAND ESTATES", a$ recorded In Plat Book 2, Page 187 of the Public Records of Monroe County, Florida and being more particularly described by metes and bounds as follows. Commencing at the Northwest corner of Lot 26, bear South 17 degrees and 31 minutes East, 249.90 feet to the POINT OF BEGINNING of the.parcel of land hereinafter described; from said POINT OF BEGINNING, continue bearing South 17 degrees and 31 minutes East, 83.33 feet; thence bear North 72 degrees and 29 minutes East, 204.75; thence be North 17 degrees and 31 minutes West, 83.33 feet; thence bear South 72 degrees and 29 minutes West, 264.75 feet, back to the POINT OF BEGINNINGS. (RE#00200680-001000 ) LOT 8 A parcel of land In -a part of Lot 26 of SUMMERLAND ESTATES, as recorded In Plat Book 2, at Page 167, Public Records of Monroe County, Florida, and being more particularly described by -mates and bounds as follows: COMMENCING at the Northwest corner of Lot 26, bear North 72 degrees and 29 minutes East, 264.741 thence bear South 17 degrees and 31 minutes East, 333.32 feet to the Point of Beginning of the parcel of land hereinafter described;. from said Point of Beginning, continue bearing South 17 degrees and 31 minutes East, $3.33 toot; thence bear North 72 degrees 29 minutes East, 264.74 feet; thence bear North 17 degrees and 31 minutes West, 83.33 fast; thence bear South 72 degrees and 29 minutes West, 264.75 feet; back to the Point of Beginning, (Rg#00200680-000500 ) EXHIBIT A"-2 rILE # 3-0 9 8 3. 4 9 PROPERTY DESCRIPTION. Bn i-5 5 0 Pti#9 6 Z Beginning at the Northwest corner 9f Lot 5, of the Plat of Whispering Pines No. 3 as recorded In Pint Book 41 Page SO, of the Public Records of Monroe County, FI4rlda, thence running Southeastsrly, along the Northwesterly boundary of said Lot 5, South 45 degrees 14 minutes 31 esoands West, 31S.31 feet to the Point of Beginning. Thence South 161.0o feet, thence West 206.17 test, thence North 212.00 feet, thence North 44 degrees 66 minutes 29 seconds Bast, 1e s.0Y feet, thence Southeasterly 181.63 feet, more or less, to the Point of BeglnnMg, and being.thst lot described as "AS", 1.11 acres of Wlckfield Acres, as shown on the sketch as recorded In Offlcfai Records Book 584, Page 189, of the Public Records of Monroe County, Florida. All being In Government Lot 3, Section 23, Township 66 South, Range29ftft (RE* 00110230-004400) And also an undivided 1161 Interest in that parcel marked "Reserved" on said sketch above, recorded In Official Records Book 584, Page 189, and described as: Beginning at the Northwest corner of Lot 6, of the Plat of Whispering Pines No. 3, as recorded In Official Records Book 4, Page 59, thence South 4S degrees 14 minutes 31 seconds West 315.31 feet, thence North 45 degrees o3 minutes 31 seconds West 60feet, thence North 44 degrees 66 nrinutes 29 seconds East_315,84 feet, thence South 44 degrees 33 minutes 26 seconds East 01.04 feet back to the Point of Beginning. All said lands. lying and being In Monroe County, Florida. The 1161 Interest Is for the purpose of entitling each parcel owner access togBogie Channel for boaNsunehing purposes, which Interest may not be assigned or conveyed to any person who If not an owner of a parcel In Wickfield Acres. EXHIBIT "A"-3 FILE lr 3.0 9 e3x 4 9 BlKg 1 5� 0 P1:4 9 G 2 PROPERTY DESCRIPTION: Lot AU; Beginning at the Northwest corner'of Lot 5, of the plat of Whispering Pines NO. 3 as recorded In Plat book 4, Page 59 of the Public Records of Monroe County, Florida; thence running Southwesterly along the Northwesterly boundary of said Lot 5, South 45 degrees 14 minutes 31 assortda West 315.31 feet; thence South 373.00 feet to the .Point of Beginning; thence West 20@.?q test; thence South 212.00 feet; thence East 207.40 feet; thence North 212,00 feet, more or lees, to the Point of Beginning, and being that lot described as AU, 1.11 sons of WICKFIEI.lb ACRE$, as shown on the sketch as recorded In Official Records Book 504. Page 189, of the Public Records .of Monroe County, Florida. All being In Government Lot 3, Section 23, Township 56 South, Range 29 East. (RE#00110230-004600 ) And also an undivided 1161 Interest in that parcel marked Reserved on said sketch shown recorded In OftloW Records Book 584, Page 1$9, and described as foliowa: Beginning at the Northwest corner of Lot S, of the Plat of Whispering Pines No. 3 as recorded In Official Record Book 4, Page 59; thence South 45 degrees 14 minutes 31 seconds West 315.31 foot; thence North 48 degrees 03 minutes 31 seconds West 50 feet; thence North 44 degrees So ntlnutee.29 seconds East 315.84 feet; thence South 44 degrees 33 minutes 26 seconds East 61.64 fast back to the Point of Beginning. The 1l61 Interest Is for the purpose of entitling each parcel owner access to Bogle Channel for boat -launching Purposes, which Interest may not be assigned or conveyed to any person who is not an owner of a parcel In Wickfleld Acres. EXHIBIT "A"-4 FILE # 1. 0 9 8 1 4 9 PROPERTY DESCRIPTION: BK# 1 5 5 0 7G# 9 6 3 Beginning at a point on the West boundary line of Government Lot 3, Section 23, Township 66 South, Rams 29 East, where the North boundary line of Palm Drive, of the said Plat of WHISPERING PINES, as recorded In Plat Book 4, Page 77, of the Public Records.of Monroe County, Fiorids, Intersects; thence East 622.20 feet; thence North 212.00 feet to the Point of Beginning; thence East 207,40 feet; thence North 212.00 fast; thence West 207,40 feet; thence South 212.00 feet, back to the Point of Beginning. Also being described as Lot "AW, 1,01 acres of WtCKFIELD ACRES -as shown on sketch as recorded In Official Records Book 584, Page 189, of the Public Records of Monroe County, Florida, (RE#00110230-004800 ) And also an undivided 1/61 Interest In the parcel marked "Reserved" on sold sketch shown recorded In Official Records,Book 584, Page 189 and described as: Beginning at the Northwest earner of lot 5 of the Plat of WHISPERING PINES, as recorded In Offiqlal Records Book 4, Page $0, thence South 45 Degrees 14 minutes 31 seconds blast 315.31 fe6t; thence North 45 degrees 03 minutes 31 seconds West 60 feet; thence North 44 degrees a8 minutes 29 seconds East 316.84 feet; thence South 44 degrees 33 minutes 26 seconds East 61.64 feet, back to the Point of Beginning. The 1161 Interest Is for the purpose of entitling each parcel owner access to Bogle Channel for boat-launchtng purposes, which Interest may not be assigned or conveyed to any per4pon who Is not an owner of a parcel In Wlckfleld Acres. ALSO TOGETHER with an easement for Ingress and egress to the subject parcel over the roadways delineated on the aforesaid sketch. SUBJECT TO: basements for Ingress and egress for utility purposes over the subject parcel, as delineated on said sketch. SUBJECT TO: Outstanding cil, gas and miners; rights, limitations and conditions of record county zoning ordinances. and governmental regulations; and to the following reatrictive covenants: 1. There will be no livestock, such as chickens, horses or other large animals maintained on the premises, although household pets such as dogs and cats are permlted. , 2. Only one realdence or living unit may be built on this parcel 3. This parcel may not be subdivided. 4. No mobile home shall be permitted on this parcel, although this shall not prohibit the parking of a strictly recreational -type vehicle provldad such vehtcle Is not occupied, temporarily or otherwise, as a dwelling at any time. EXHIBIT "A".-5 PROPERTY DESCRIPTION: FILZ 0 3. 0 9 8 ]. 4 S► Parcel "BA' 13" 1 5 5 0 PGfl9 6 4 A parcel of land being In the N.W. quarter of the S.E. quarter of Section 23, Township ee South, Range 29 East, Big Pine Key, Monroe County, Florida, being marearticularly p described by metes and bounds as follows: COMMENCING at a point on the West boundary line of Government Lot 3 of said Section 23; where the said North boundary line of Palm Drive Of the Plat Of WHISPERING PINES, PLAT NO. 4, as recorded In Plat Book 4, Page 77, Of the Public Records of Monroe County, Florida, Intersects; thence N. $48 ft.; thence E, 414.60 it to the Point of Beginning; thence E. 207.40 ft.; thence S 212.00 ft.; thence W. 207.40 ft; thence N. 212.00 N. back to the Point of Beginning. Also known as Parcel "BA" of the unrecorded plat of WICKFIELD ACRES, as shown on sketch recorded In Official Records Book 584, Page 189,. of the Public Records of Monroe County, Florida, lass the Northerly 25 feet thereof for right-of-way easement (RE#00110230-005200) , AND ALSO an undivided 1161 Interest to the following described lend; Parcel marked "reserved" on said sketch shown recorded In Official Records Book 584, Page 189 and described as; BEGINNING at the N.W. corner of Lot 5 of the plot of WHISPERING PINES, PLAT NO. 3, as recorded In Plat Book 4, Page 59 of the Public Records of Monroe County, Florida; thence South 45 degrees 14' 31" W., 316.31 ft; thence N. 45 degrees 03, 31" W., 60 fL; thence N. 44 degrees 56' 29" E., 315.84 ft; thence S. 44 degrees 33' 26• E., 61.64 R., back to the Point of Beginning. The 1/61 Interest Is for the purpose of entitling each parcel owner access tq Bogle Channel for boat launching purposes, which Interest may not be assigned or conveyed to any person Who Is not an owner Of a parcel In WICKFIELD ACRES. EXHIBIT "A-6 FILE * 10 9 8 1 4 9 PROPERTY DESCRIPTION; BK61 5 50 P609 6 5 Beginning at a point on the West boundary line of Government Lot 3, Section 23, Township 66 South, Range 29 East, where the said North boundary line of Palm Drive, of the said Plat of Whispering Pines, as recorded In Plat Book 4, Page 77 of the Public Records of Monroe County, Florida, intercepts; thence North 424 feet, thence East 207.4Q feet, to the point of beginning; th0006 North 424.00 feet; thence East 207.40 feet; thence South th* P feet; thence West 207.40 fait back to the Point of Beginning. Also being described as Lots 'BG' and "BH', 2.02 acres, of WickfIeld Acres, or shown on sketch as recorded In Official Records Book 684, Page 180 of the Publio'Records of Monroe County, Florida. subject to 25 foot easement on North and South boundary. (RE#0011230-005800 - 11H) LESS AND EXCEPT THE FOLLOWING: That parcel of land situate In Mairroe County, Florida, hereafter described as: BEGINNING at a point on the West boundary line of Government Lot 3, Sectlon 23, Township' 86 South, Range 29 East, where the North boundary line of Palm Drive of the Plat Of Whispering Pines, as recorded In Plat Book 4, Page 77, of the Public Records of Monrob County, Intersects; thence North 424 fact, thence East, 207.40 feet, to the Point of Beginning; thence North 212 feet; thence East 207.40 lest; thence_South 212 feet; thence West 207.40 feet to the Point Of Beginning and also known as lot "8G" WICKFIELD ACRES, as shown on the'sketch of survey recorded In Official Records Book 684, Page 189 of the Public Records of Monroe County, Florida. Also being described as Lot "BG" of WickfIeld Acres, as shown an sketch as recorded in Official Records Book 684, Page 189 of the Public Records of Monroe County, Florida. AND ALSO an undivided 11e1 Interest In that parcel marked `reserved" on said sketch shown recorded in Official Records Book 584, Page 190 and described as; BEGINNING at the Northwest corner of Lot 6 of the Plat of Whispering Pines, No.3, as recorded in Official Records Book 4, Page 59, thence South 45 degrees, 14 minutes 31 second& West, 315.31 feet; 1111e130e North 44 degrees 03 minutes 31 seconds West, 60 feet; thence North 44 degrees 68 minutes 29 seegnds East, 315.84 feet; thence South 44 degrees $3 minutes 26 seconds E015t,,61.04 feet, back to the Point of Beginning. The 1161 Interest Is for the purpose of entitling -each parcel owner access to Bogie Channel for boat launching purposes, which Interest may not be assigned or conveyed to any person who is not an owner of a parcel In WickfIeld Acres, AND ALSO THE FOLLOWING: Parcel "BI": BEGINNING at a point on the West boundary line of Government Lot 3, Section 23, Township 66 South, Range 29 East, where the said North boundary line of Palm Drive, of the, sold plat of Whispering Pines, as recorded In Plat Book 4, Page 77, of the Public Records of Monroe County, Florida, Intersects; thence North 848 ft.; thence East 207.40 ft. to the Point of Beginning; thence continue East 207.40 ft; thence North 212.00 ft.; thence West 207.40 ft.; thence South 212.00 ft., back to the Point of Beginning. Also being described as Lot "BI", as recorded in Official Records Book 584, Page 189, of the Public Records of Monroe COunty,Flarlda; (RE# 00110230-005900 ) AND Parcel "BM": BEGINNING at a point on the West boundary line of Government Lot 3, Section 23, TownshIp 60 South, Range 29 East, where the said North boundary line of Palm Drive, of the said Plat of Whispering Pln'es, as recorded in Plat Book 4, Page 77, of the Public Records of Monroe County, Florida, Intersects;' thence North ,848 ft.; thence Seat 207.40 ft, thence North 212.00 ft, thence West 207.40 ft., thence South 212.00 ft., book to the Point of Beginning. Also being described as Lot "SM, as recorded In Offlctal Records FIL& #1098149 BK81550 PG#966 Book $04, Page 149, of the Public Records of Monroe County, Florida. AND ALSO an undivided 2/61 Interest in that parcel marked, "reaervad"#cn110230-005300) shown recorded In Offlolal Records Book 684, Page 189, and described a", n Sid Sketch IW3 at the N.W. corner of Lot B, of the Plet of Whispering Pines No. 3, as recorded In official Records Peck 4, Pape 89; thence S. 46 degrees 14 minutes 31 seconds West, in off ial thence N. 46 degrees 03 minutes 31 seconds W,, 60 ft.; thence N. 44 degrees 68 minutes 20 seconds East, 318.84 %; thence S. 44 degrees 33 minutes 26 seconds E., 61.64 ft., back to the Point of Beginning. The 1187 Interest for each parcel is for the purpose -of entitling each parcel owner access to Bogle Channel for boat launching purposes, which interest may not be assigned or conveyed to any person who is not an owner of a parcel In WICKFIELD ACRES. A 0 EXHIBIT "A" -7 FILE 610 9 8 1 4 9 SICf l 5 5 0 P03 9 6 7 PROPERTY DESCRIPTION: Beginning at a point an the West boundary line of Government Lot 3, Section 23, Township 36 South, Range 29 East, where the said North boundary line of Palm Drive of the said plot of Whispering Pines,as recorded in Plat Bock 4, Page 77 of the Public Records of Monroe County, Florida, Intersects, thence East 207.40 feet, thence North 212:00 feet, thence West 207.40 fret, thence South 212.00 feet, back to the Point of Beginning. Also being described as Lot "B06,1.01 acres, of Wickfield Acres, or shown on sketch so recorded In Official Records Book 534, Page 199, of ,the Public Records of Monroe County, Florida. (RE*00110230-006700) and also an undivlded 1/81 Interest in that parcel marked "Reserved" on Bald sketch shown recorded in Official Records Book 584, Page 189, and described as: Beginning at the Northwest corner of Lot s, of the Plat of Whispering Pines No. 3 as recorded In Official Records Book 4, Page 59,therice South 45 degrees 14 minutes 31 seconds West 315.31 feet, thence North 45 degrees 03 minutes 31 seconds West 60 feet, thenoh North 44 degrees s6 minutes 29 seconds East 315.84 feet, thence south 44 degrees 33 minutes 26 seconds East 81.64 feat book to the Point of Beginning. All said lands lying and being in Monroe County, Florida. The 1/61 interest Is for the purpose of entitling each parcel owner access to Bogle Channel for bast -launching purposes, which Interest may not be assigned or conveyed to any person who Is not an owner of a parcel In Wickfield Acres. MONROE COUNTY orricIAL RECORDS Page 1 of 1 Document Index Detail L Need Help? Save Window Location Close Window General Information Document#: 879991 Filed Date: 2/23/1995 Book #: 1342 Page #: 1956 Document Type: WARRANTY DEED Consideration $0.00 Amount: #of Pages: I,:i;;;cic:: io iiI-;.l- Grantor Grantee KELLEY WILLIAM O JR MONROE COUNTY COMPREHENSIVE PLAN KELLEY WINIFRED B Legal Description(s) Land Description: LOT 9 BLOCK 53 CRAINS SUB GRASSY KEY Parcel ID: Plat Book: Plat Page: Subdivision: Lot Block Unit NIA NIA NIA Return Address MEYER & ERSKINE BIG PINE KEY RT5BOX8 FL Fee Information Recording Fee: 6 Intangible Tax: 0 Transfer Doc Stamps: 179.9 Mortgage Doc Stamps: 0 Close Window Copyright © 2009 Propertylnfo Corporation. All rights reserved. Terms of Use Privacy Policy fi1e:HC:ID0CUME-11PETERS- ITOCALS-11Temp1BH6VHGXK.htm 7/27/2009 P2=overtyls&arch -- Monroe County Property Appraiser Page 1 of 5 Ervin A. Higgs, CFA Property Appraiser Monroe County, Florida Property Recorcl. View 4'rtornate Key, 442321 Pak'cLi 11); 003 0 40-000000 office (305) 292-3420 fax (305) 292-3501 Mailing Address: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 500 WHITEHEAD STREET KEY WEST, FL 33040 Property Det l! A 1 PC Code: 86 - COUNTIES OTHER THAN (PC/LIST) Miilage Group: 50CM 1 Affordable No Housing: Section- Township- 25-65-33 Range: Property GRASSY KEY Location: Subdivision: SUNSET BAY Legal BK 1A LT 1 SUNSET BAY PB 5-46 GRASSY KEY OR471-712-714 OR655-108CIT OR787-177-179 OR787-349 OR986- Description: 5021TRIAG(JMH)OR1010-904M6(JB)OR1164-1915116/TR/AG(CSP)OR1273-19801TRIAG(JMH) OR1353-2385186C(CMS) OR1529-1363(JMH) OR1529-13641AFF(JMH) OR1566-529132(JMH) i 4i �1 h"://www.mcpafl.org/PropSearch.aspx 7/27/2009 Property Search -- Monroe County Property Appraiser Page 2 of 5 Exemptions 14-COUNTYLANDS Land D^tall: Land Use Code OOQX - ENVIRONMENTALLY SENS http://www.mcpafl.org/PropSearch.aspx 7/27/2009 Property- gearch -- Monroe County Property Appraiser Page 3 of 5 000X - ENVIRONMENTALLY SENS 0 0 0.06 AC K alilSummary Number of Buildings; 0 Number of Commercial Buildings: 0 Total Living Area: 0 Year Built: 0 Nbr Type # Units Length Width Year Built Roll Year Grade Life 1 CL2:CH LINK FENCE 165 SF 33 5 1997 1998 1 30 Appraiser er Notc.,s FP Certified Roll Values. for h;S pa",,:C I. Roll Year Total Bldg Value Total Misc. Improvement Value Total Land Value Total Just (Market) Value Total Assessed Value School Exempt Value School Taxable Value 2008 0 193 56 249 249 249 0 2007 0 180 10,006 10,186 10,186 10,186 0 2006 0 188 10,006 10,194 10,194 10,194 0 2005 0 198 10,006 10,204 10,204 10,204 0 2004 0 206 10,006 10,212 10,212 10,212 0 2003 0 213 10,006 10,219 10,219 10,219 0 2002 0 224 10,006 10,230 10,230 10,230 0 2001 0 231 10,006 10,237 10,237 10,237 0 2000 0 146 10,006 10,152 10,152 10,152 0 1999 0 0 10,006 10,006 10,006 10,006 0 1998 0 0 56 56 56 56 0 1997 0 0 56 56 56 0 56 1996 0 0 56 56 56 0 56 1996 0 0 56 56 56 0 56 1994 0 0 56 56 56 0 56 1903 0 0 56 56 56 0 56 1992 0 0 56 56 56 0 56 1991 0 0 43,644 43,544 43,544 0 43,544 1990 0 0 43,544 43,544 43,544 0 43,544 1989 0 0 23,221 23,221 23,221 0 23,221 httpJ/www.mcpafl.org/PropSearch.aspx 7/27/2009 Property'Search -- Monroe County Property Appraiser Page 4 of 5 1988 0 0 17,996 17,996 17,996 0 17,996 1987 0 0 17,996 17,996 17,996 0 17,996 1986 0 0 17,996 17,996 17,996 0 17,996 1985 0 0 16,984 16,984 16,984 0 16,984 1984 0 0 16,984 16,984 16,984 0 16,984 1983 0 0 16,984 16,984 16,984 0 16,984 1982 0 0 15,137 15,137 15,137 0 15,137 I r avc: l Sales History NOTE: Sales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Thank you for your patience and understanding. This page has been visited 215,895 times. Monroe County Property Appraiser Ervin A. Higgs, CFA P.O. Box 1176 Key West, FL. 33041-1176 http://www.mcpafl.org/PropSearch.aspx 7/27/2009 Property Search -- Monroe County Property Appraiser Page I of 5 Ervin A. Higgs, CFA office (305) 292-3420 Property Appraiser fax (305) 292-3501 Monroe County, Florida Propenty Recorti Aiterilate Key, 1442330 Ramel 10'00360250-000000 Olwnership Details Mailing Address: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 500 WHITEHEAD STREET KEY WEST, FL 33040 Pmpe-.-ty Details PC Code: 86 - COUNTIES OTHER THAN (PC/LIST) Millage Group: 50CM Affordable No Housing: Section -Township- 26-65-33 Range. Property Location., GRASSY KEY Subdivision, SUNSET BAY Legal Description* BK 1A LT 2 SUNSET SAY PB 5-46 GRASSY KEY OR471-712/714 OR655-108CIT OR787-177179 OR787-349 OR986- 5021TR/AG(JMH) OR1273-1980/81/TR/AG OR1529-1363(JMH) OR1529-1364/AFF(JMH) OR1566,529/32(.JMH) Parcel Map http://www.mcpafl.org/PropSearch.aspx 7/27/2009 Property Search -- Monroe County Property Appraiser Page 2of5 Eyerriptions Exemption Amount 14 - COUNTYLANDS 602.00 Calk. D ot,% ks Land Use Code Frontage Depth Land Area OOOX - ENVIRONMENTALLY SENS 0 0 1.00 LT OOOX - ENVIRONMENTALLY SENS 0 0 0.01 AC PLIRding . ummiavy I Number of Buildings: 0 Number of Commercial Buildings, 0 Total Living Area: 0 Year Built: 0 Nbr Type # Units Length Width Year Built Roll Year Grade Life 1 CL2:CH LINK FENCE 500 SF 100 b 1997 1998 1 30 p pra ises Tote FP Pa.-C-c-'i Value History http://www.mcpafl.org/PropSearch.aspx 7/27/2009 Property Search -- Monroe County Property Appraiser Certified Roll Values. V':a.'_+. Tax .s fo!- ti11 Inc r^- I Page 3 of 5 Roll Year Total Bldg Value Total Misc Improvement Value Total Land Value Total Just (Market) Value Total Assessed Value School Exempt Value School Taxable Value 2008 0 586 51 637 637 637 0 2007 0 546 10,001 10,547 10,547 10,547 0 2006 0 569 10,001 10,570 10,570 10,570 0 2006 0 601 10,001 10,602 10,602 10,602 0 2004 0 624 10,001 10,625 10,625 10,625 0 2003 0 647 10,001 10,648 10,648 10,648 0 2002 0 679 10,001 10,680 10,680 10,680 0 2001 0 702 10,001 10,703 10,703 10,703 0 2000 0 442 10,001 10,443 10,443 10,443 0 1999 0 0 10,001 10,001 10,001 10,001 0 1998 0 0 51 51 51 51 0 1997 0 0 51 51 ,51 0 51 1996 0 0 51 51 51 0 51 1995 0 0 51 51 51 0 51 1994 0 0 51 51 51 0 51 1993 0 0 51 51 51 0 51 1992 0 0 51 51 51 0 51 1991 0 0 55,901 55,901 55,901 0 55,901 1990 0 0 55,901 55,901 55,901 0 55,901 1989 0 0 29,154 29,154 29,154 0 29,154 1988 0 0 19,178 19,178 19,178 0 19,178 1987 0 0 19,178 19,178 19,178 0 19,178 1986 0 0 19,178 19,178 19,178 0 19,178 1985 0 0 18,090 18,090 18,090 0 18,090 1984 0 0 18,090 18,090 18,090 0 18,090 1983 0 0 18,090 18,090 18,090 0 18,090 1982 0 0 14,708 14,708 14,708 0 14,708 Parcel Safe's F'listory NOTE: Sales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Thank you for your patience and understanding. I Sale Date Official Records Book/Page Price Instrument Qualification 3 sj x 1 JVV 15a0 1 WD M 7;17�19�i5 c j44 ? ;303 1 W.D. M This page has been visited 215,930 times. http://www.mcpafl.org/PropSearch,aspx 7/27/2009 Property Search -- Monroe County Property Appraiser Page 4 of 5 Monroe County Property Appraiser Ervin A. Higgs, CFA P.O. Box 1176 Key West, FL 33041-1176 http://www.mepafl.org/PropSearch.aspx 7/27/2009 Property Search -- Monroe County Property Appraiser Page 1 of 5 Ervin A. Higgs, CFA Property Appraiser Monroe County, Florida Property Record V42.A-' Aiiei-nate Key: '14 423 8 P'ar; �i fD; 00:3 020-000000 office (305) 292-3420 fax (305) 292-3501 Ovvners,h Mail Mailing Address: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 500 WHITEHEAD STREET KEY WEST, FL 33040 prf)nerty Details PC Code: 86 - COUNTIES OTHER THAN (PCILIST) Millage Group: 50CM Affordable No Housing: Section- 25-65-33 Township -Range. Property GRASSY KEY Location: Subdivision: SUNSET BAY Legal BK 1 A LT 3 SUNSET BAY PB 5-46 GRASSY KEY OR471-712-714 OR655-108CIT OR787-177-179 OR787-349 OR986- Description: 50ZI7R/AG(JM H)OR1010-904106(JB)OR 1164-1915116/TR1AG(CS P(JM H)OR1273-19801TRIAG(JM H)OR 1353-2385186C (CMS)OR1529-1363(JMH) OR1566-529132(JMH) p a r e e! M a p http://www.mepafl.org/PropSearch.aspx 7/27/2009 Property Search -- Monroe County Property Appraiser Exemptions Land Detalis Exemption Amount 14 - CQUNTYLANDS 1,334.00 Land Use Code Frontage Depth Land Area 000X - ENVIRONMENTALLY SENS 0 ❑ 1.00 LT http://www.mepafl.org/PropSearch.aspx 7/27/2009 Property Search -- Monroe County Property Appraiser Page 3 of 5 Building SummaryI Number of Buildings: 0 Number of Commercial Buildings: 0 Total Living Area: 0 Year Built: 0 Nbr Type # Units Length Width Year Built Roll Year Grade Life 1 CL2:CH LINK FENCE 1,165 SF 233 5 1997 1998 1 30 i Appraiser Notes FP f Bldg Number [late Issued Date Completed Amount Description Notes 982669 07/01/1998 11/08/1998 1,500 FENCE & PRIVACY WALLS 07-0024 06/06/2000 09/22/2000 380 CHAIN LINK FENCE arceI �ItI e H isto r;t Certified Roll Values. Roll Year Total Bldg Value Total Misc Improvement Value Total land Value Total Just (Market) Value Total Assessed Value School Exempt Value School Taxable Value 2008 0 1,366 50 1,416 1,416 1,416 0 2007 0 1,272 10,000 11,272 11,272 11,272 0 2006 0 1,327 10,000 11,327 11,327 11,327 0 2005 0 1,399 10,000 11,399 11,399 11,399 0 2004 0 1,454 10,000 11,454 11,454 11,454 0 2003 0 1,508 10,000 11,508 11,508 11,508 0 2002 0 1,581 10,000 11,581 11,581 11,581 0 2001 0 1,635 10,000 11,635 11,635 11,635 0 2000 0 194 10,000 10,194 10,194 10,194 0 1999 0 581 10,000 10,581 10,581 10,581 0 1998 0 0 50 50 5o 50 0 1997 0 0 50 50 50 0 50 1996 0 0 50 50 50 0 50 1996 0 0 50 50 50 0 50 1994 0 0 50 50 50 0 50 1993 0 0 50 50 50 0 50 http://www.mcpafl.org/PropSearch.aspx 7/27/2009 Property Search -- Monroe County Property Appraiser Page 4 of 5 1992 0 0 50 50 5o 0 5o 1991 0 0 50 so 50 0 50 1990 0 0 50 50 50 0 50 1989 0 0 5o 50 50 0 50 1988 0 0 16,101 16,101 16,101 0 16,101 1987 0 0 16,101 16,101 16,101 0 16,101 1986 0 0 16,101 16,101 16,101 0 16,101 1986 0 0 15,356 15,356 15,356 0 15,356 1984 0 0 15,356 15,356 15,356 0 15,356 1983 0 0 15,356 15,356 15,356 0 16,356 1982 0 0 9,139 9,139 9,139 0 9,139 NOTE: Sales do not generally show up in our computer system until about two to three months after the date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to be processed. Thank you for your patience and understanding. , Sale Date Official Records BooklPage Price Instrument Qualification 3�5?i9°9 1566 ? 529 1 WD M f?171 J 99 3 1529 ? 13M 1 WD. M This page has been visited 215,938 times. Monroe County Property Appraiser Ervin A. Higgs, CFA P.O. Pox 1176 Key West, FL 33041-1176 http://www.mcpafl.org/PropSearch.aspx 7/27/2009 MONROE COUNTY TILE # 1 1 1 3 9 3 9 OPrICIAL RECORDS I?KI 7,. �� : o.r, •`' ' ' RCD Mar 1$ 1999 9LBAS 14 DANNY L 1fOLRAGE, Gnaw S.S.* _ use tor BAR A N T Y RV� i1ia Indt�rlWrD e1aM Nnla �t>>� day M BE7MEN MONROE T COUNTY COMPREHENSIVE PLAN LAND AU HO ItY„rM I*nd twlhoelty candor :wtlon 310.OM(11. FltN gW6*m and Moth Ordlensetvoo No. 0i1-1lSS, a tdcE H t�OoeaNdt Polldool sub NomIn I of On sk% RANTOR'. and Ida�Wo 'fined aenst. W Wed, FL 38M. as t E`AW OF COUNTY - W 1 T N E S S E T H. That slid ammW, for and in Oansidwation of the sum of TEN AND t}WhW8 ($iO.OM Dollsn and other good and vaivable oonddwatbns lO sand WERM In hand PW by said grenbe. the reed wham is hweby WknOwwtlpsd. has Wen" barpahed and sold to the WOSMs and Oranbe's hers farevr the foaowenp disor6[d and located in the County of MONROE, Stab of Florida. to -oft: SEE PROPERTY DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS E>HIISIT 'A, A 1 and A-2' NY ACCEPTANCE OF THIS WARRANTY DEED, GRANTEE HEREIN HEREBY AGREES THAT THE USE OF THE PROPERTY DESCRIBED HEREIN SHALL BE SUBJECT TO THE COVENANTS AND RESTRRICTIONB AS SET FORTH IN, THAT CERTAIN GRANT CONTRACT RECORDED IN OFFICIAL RECORDS BOOK 1348, PAGE 417-440, PUBLIC RECORDS OF MONROE COUNTY, FLOIRM& THESE COVENANTS AND RESTRICTM8 SHALL RUN WITH THE PROPERTY PER11111 DESCRIED. IF ANY OF THE COVENANTS AND RESTRICTIONS OF THE GRANT CONTRACT ARE VIOLATED NY THE GRANTEE OR BY SOME THIRD PARTY WITH THE KMOWUMOE OF THE GRANTEE, FEE SIMPLIK 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 IN ACCORDANCE WITH THE GRANT CONTRACT WITHOUT FURTHER NOTICE TO GRANTEE, ITS SUCCESSORS AND 11S"NS, AND GRANTEE„ ITS SUCCESSORS AND ASSIGNS $HALL FORFEIT ALL RIGHT, TITLE AND INTEREST IN AND TO THE PROPERTY DESCRIBED HMEIN. and add OrantOr dnM WSW fury wwwra the tW to sekt land, and wtl dMsnd the same What the 4whA Olahis a all pawns whomsoowr. -O Wla and plural we i II1001 MON" as OaaFrl mWb' a. 1N WITNESS WHEREOF- Grantor has haaunW sM prsntOrs hand and eaal this day and yaw (tree abOre wne ' WITNESBES MDNROE COUNTY COMPREHENSIVE PLAN � LAND AUTHORITY So a Print Name MACK I- Sa' BY: SHWLEY FREEMAN, CHAIRMAN 4,ice; 4. tame COUNTY OF i STATE OF t I HEREBY CEFMFY that on thN644`1 rdsy of MCk ,h � b•IOn +ns, an OKbar MAY etualldom W kerRtiid Mrs aelonowledparssnk. pusOealy aPOOat+d: etHlfM FR MAN. CHAIRMAN tO an knnOrm to be the persons dean end who earwlsd the fo 600m Insavmsnt and WWvWh*W boore me that they erwculed ttw sane. Drovers License �`i�'s as Ida111f?.P. 6. iYlp� ""F"al •�ti NOfAft1' PUBLIC COtrtlWla t KOI E WIRAnow = ti Prepared by: : lGCiiW70 MEYER & ' 31211 A%W04 A � 4 E119 Phu Kri, FL 33M ,�r�ti•r�r � FILI3 i1 3. 1 39 39 EXHIBIT r s L S d 6 pp; 5 3 0 Iota 16 and 17, Bkm* 12; Late 21, 22, 23, and 24, Mock 27; and Lots IS, 14, and 15, Nook 39, Pelm V" Subdtrilalesn, eaoaniling to the Plat M recorded In Plat look 1, Pace a of the pWft Ra@atdi of MeamM Calmly, florkhL REd 00270750. 002767tN1, 00283370, 00363S6f1, 00282390, 00263400, 00263770, 002M740, Os0037s0. AND: Late 17 and 10, Block 1. CuUkrost Notbcr Estates, MmWding to the Plat thereat u recorded in Plat Book 4, Papa 1s5 of the Public Records of Monroe County, Florida. ROW 00175M, 00175490. AND: Late 1 through 22, Block b, Aeglsrs Park, according to the Plot thersot as recorded in PIM Nook 1, Fsge IM of 1M Public Regards of Matrea County, Florida. 00561600, 00551614, 00651820, 60661430, 00591040, 00551850, 00661060, 00561670, 08651444, 0"51440, 00441900, 00551910, 00561920, 0"51930, 00951940, 00551960, 00551900, 00551970, 00451990, 00651990, 005520001 o066Xto10. AND. Lot 7, Hock 15, Rainbow Beach Subdivision, according to the Plat thereof In pW Book 1, Page 164 of the ftW .Record@ of Mantua County, Fkl ft RE* OOMt7710 AND: Lots 1 through 6, Block 2; Lai@ 1 tltrough 12, Mock 3, Revised Plat Mo. 6 of Key Largo City Cottage SIN Park, according to to Plat thersel as recorded In Plat look 2, Page 3, of go Public Records of Monroe County, Florida. RE# 004631SO, 00W3100, 00563200, 00563210, 00563220. 00563230. 00563240, 00563350. 00643240, 00543270, 00563260, 00963290. 00663300, 00563310, MM3320, 00603330, 00663940, 00563350. AND: Lets 1, 2, and 3, !lock 1-A, Sunaet Bay', nccarding to the Plat thereof, as reoordad In plot Book 5, Page 45 cc the Public Raw" of Monroe Counq►, Florida. RE* 00 W240, GWWM54, 00300200, AND: Lot H. &pock a6, s" View, Hip Pine Kegs, according to the Plat thereof, as recorded in plat Beak 1, Page M of the Public Raocrda of Monroe County, Fbrida. RE#OOX M00 AND: Lots 0 end 9, Block 6, Surer Sherse Estates. Ramrod Key, Flaride, as ramded In PIot Book 4, Page III of the Public Records of Monroe County, Florida. RE# tioll17'S0, 00211760 PILE # 1 1 1 3 9 3 9 EXHIBIT •II -1 BX# 1 5 5 6 PC#15 3 3. PROP9RTY OUCRiPTION: A parcel of fend loomed In the SE 112 of the NE 114 Of Section 27, Township 66 South, Range 26 East on BI! fine Key, Monroe County, Florida, also described as the "MILL TRACT" On an unrnoNdO okelch of'survey 'made by C. G. Bailey, Replstered Florida Land ftvsyor ff mbar $20, dated Much 17, 1053, more particularly deacrlbed In metes and bounds as fellows: 06mmencing'st a paint of Intersection of the West Ilne of Section 20, Township 66 8e0th,-Ronge 29 Eeet, and the Center Un* of U.S. Highway No. 1, ran North 100 test alas♦ the Wsat Line of said' Section 26 to a point due Fast of the BE corner Of Lot 1 ut the "CW LL TRACT; thence run N 69' degrees 62 Minutes 46 seconds Went a distance Of 360,94 fast to the 82 Corner of Lot 1 of the VAHILL TRACT'i thence run North is dogross 63 atlnlntaa'31'ascends West a dk4anoe of 200.04 feet to the'SW owner of lot 2 of the TAHILL TRACr-, thence run N 89 degrees 53 minutes 06 0e00nde West a distance of corner of Lot 3 of the thanM th e 100 e PONT OF19EQIINNINQ take theeVAHILL following ccurs�le1NT O . continue N 6@ depress a ntUutaa 06 Wand* West a digaace of 39.99 feet (40.00 feet by record) to the SE aerlfar of Lot 7 of the TAHILL TRACT ; 2. thence run N 00 degrees g0 Minutes 27 aeoonda West a distance of 301.62 feet (301.09 foot by record) to a point on the N8 corner of Lot 13 ofths TMU. TRACT"; 3. thence run East a distance of spprondnMatefy 40 feet to the NW owner of Lot 6 of the "CAH LL TRACT; 4. thence ruin S 00 degrees 00 mfnutss 22 ascends Wast along the Western boundaries of Lots 6 and 3 of the VAHILL TRACT'"' a distance of 301.63 foot (301.69 by record) to the POINT OF BEGINNING. sV#Q 0DS80-A00030 AND ALSO; A tract of tend consisting of Lots 7, 8,13 and 14 In the "CAHILL TRACT" and'being a part of the &L 114 of the N.E. 114 of Section 27, Township 66 South, Mange 29 East, on Big Pine Key, Mowas County, Florida, and also being more particularly described by mstee and bounds ea hNOWU COMMENCING at the Intersection Of the West line of the S.E. 114 of mg NX 114 of hotian 27, Township 66 South, Range 29 MR0, and the North righ"fwvay line Of U.S. FBgh0101 Me. 1. bear South 64 degrees 61 minutss.East along the North right-of-wey ihns Of U.S. Highway No. 1 for a distance of 400 feet to the POINT OF BEGINNING of the tract of land hereinafter described; from said POINT OF SEGINNING, bear North for a distance of 201.05 feet to a Point an the sough aide of a 40.0 foot street, thence bear East along the south aide of a 40.0 foot road for a distance of 237.24 feet to s Point, sold point bein0 the 11"M800111ien Of the south and west aides of two 40.0 foot roads or streets; thence bear south along the west side of a 40.0 toot street for a distance of 001.69 feet to a point minu#w 237.24 on the Iwo Ilse of U.S. Highway No. 1; thence bear North log degrees 61 M► I sleep the North righs" r-way lire of U.S. Highway No. 1 for a distance of het Mok 10 the POINT OF BIEQ;Nl INQ R "-11189D AND ALM . A parOsl of gland In the Southeast 114 of the Northeast 114 of Section 27, T.66S., R.29E, Big Plne Key, Monroe County, Florida. and known -as Tracts 3 and 6 of an unrecorded Plat of Survey by C. (I. Balley, Rogletend Florida Land Surveyor No. 026, dated March 17, 1233 and being mars particularly described as follows: BEGINNING at the point of Intersection of the West Una of Section 26, 'I.66S, R29E, and the center line of U.S. Highway No. 1, run North for 100 bet along the West Line of Soctlon 26 to a point; thence run West e30 feet along the North right -Of -way of U.S. highway #1 to a point on the East Line -of a 40 foot wids road known as the POINT -OF BEGINNING; thence In a Northerly direction paralleling the Section Una of 8600on 20, T.548, R.29E., tot 301.69 feet to a point, at the Intersection Of two 401444 wide rsada; thence run East eWng the Swath right -of -ray of the 40 foot wide road far 100 het to a point; thane run South parslle.ling the Section Una of Section 20, 7.665, A.)R6E. for 3g?„ti2 feet m a point on the right-of-way Ilne of U.S, Highway !1; thence Wait the right-of-wsy of U.S. Hlghwsy #1 for 100 f#et io the POINT OF BEGINNING. ALSO KNOWN At; f:tAGTS a AND 6 OF CAHILL TRACT. . WDo>l11940 .r_ EXHIBIT "A" -.2 FILE 01 1 1 3 s as BIKE Or 5 6 6 PGI# 5 3 :2 PROPERTY DESICRIPTlON: A trect of lend in a part of the East halt of the Norti aat Quarter of Section 2%.Township so South, Range Sift line;. on Big Pins Key, Moms County, Florida, and being more partloularly described by mates and bounde as faltom. Comm"OlnE at the Intersection of the East Iln• of Section 26 and the South rlght-*logy line of U.S. Hlighwayt No. 1, boar Westerly alang.the South right-ofwray Una of U.S. Highway No. 1, for a dfsisnes of 500 feet to a Point of Beginning of the tract of lend heralnefter described. Prom said Point of.8a91irning continue bearing Westerly along the South rIGht-of-way line of U.B. Highway No. 1, for a dletance of 300 feet to a yfolsit;.thence bear SOufh for a dlatan M of 100-71 feet to a point an the South line of the Northeast quarter of ffeotlon Siff thence boar Ent along the South lino of the Northeast quarter of Section St6 for a distance of 300 feet to a paint; thence beer North for a distance of 206.02 test tc the point of beglnnfng. REM211260, 00111270 HONROE COUNTY Or>!ICiAL RECORDS ni A MORMON COUNTY FILE 0I. 0 7 7 2 15 $ OFFICIAL R3CO1D8 PI[a 1 5 .2 s+ F, O# 1 3 6 3 *CD Jul 31 1998 e9r37AN nEEa DOC 8T! ie9l.eA DANNY L KOLMAGN, CLERK e7/31/1996 PRI? CLK evokers 8.8.f1E title; (Itdef111frO nterN file day at , IM KMON COCONUT GROVE EI<1NK, a limmimme as pal - efBa Ined Nap Incas of gee atom of Mori" and duly wttltsrirlsd r srteept ttttd sftlaare tihl,tlt tirllMlrt tide Srr elf Flfafda, ss tetraloe dueller the provisions of ■ deed or deeds In trust duly ressrdsd onto delivered to sold aompany in purm"N" of a irtfet "reeataatt dated the filh day of Yaroh, 1 frl1 and known ea Trust Mumbsr Xlj�7h*1 . of VW south Beyaeore orbs. IMfatnt, ra II1II, GRAN10W, and NIONROE COUNTY COMFREHE#IlM PLAN LAND AUTNORITV, a Und nMhority under fiaotlen 380.0l03(1), Florlde Srhrtss and Monroe CotmMir Ordhtenas No. 031r191141 of 3M N. Rseaemah SINK., Sus 1. Key Weft. FL IBM se GKOAf *. W I T N E S 8 E T H, That arm mentor. for and Mt oonaldMatlon at tars am of TM AND 0011WS (trio 0) Doftm end other No end weimbb oonaidarwens to sold Warder in hand paid by said arnw, the mosot wherser is ft&oy acknovrledge , hat per• heipshad and sold is the 9amas and Wrant" heft for&w the for waft demlrleed lend boated b fr County or MONFIOE. Via of Florida, to-vA. Lots 1, S, end a, Nook VA, sunset Bay, sooerding to the PMt thereof, fee recorded in Piet Book S, Pow N of try*. Public Records of Monroe County, Florida. MUNI(BM 0. 0=026DMMM0 Tt7O MER *.lift OW tan6molito mW applfrrnaness tlfsraunto bakfr Wall. SUBJECT TO: Conditions, Restrictions, Eaesn sale and Lknlrtlone of rsoord It toy. THIS deed Is wwoutod punment to and in Vw stwrales of the power and mMority Wonted In and vented In Bald trustee by Ow tents of add deed of deeds In trust deftered 0 slid truare ti purmenee of the trust agreement above mentioned. This deed Is ntlods suWot ID th6 hove of overy trust deed or nmml eEe (if arty there, be) of record M sold twi wW Olson to swore trio payment of money, and rsetsinlnp unreleeeed at the date of the delivery hermot WA SW pantor doe hwft ** womp t the M to mill lo4 and will Wend fM tame rgainat 0e Iswlui ofakns Of rr persons whomsoever. •SkHPW and Plural aA tnenol erNis" as centavo GYM• IN WfiNEW WHMIKW, said party of to We part has ommed its corpoaM MI 1e be Ilaralo aabd, red hoe caused Its name to be SOW W the praarrts Trust OEm sttesiod by fle We President, the day and year first .alpoms . Written. Attaefr , Wee President SEAL WRN��eLp ,ti'Y . C&9999k Stan t F t Nan Cristfna Begonit ar a Print Now Aracely R. Oliva COCONUT GROVE BANK,- As.,Trustee Atsrsftsi . BY: RiA1E T. ZANA, VICE PRESE>IkOIt' AND SENIOR TRUST OFFICER COUNTY OF Bade HON1ON COUNTY $PATE OF Florida OrriCIAL R COR ID t Nl i'IEBY CttFMFY that on this 17tWay of JuIy ,jqW. before ma..n oaf W duly qualpiad to lake WLWWWpff4M. psmn* appatatnk fey & T. CABANA. Senior Nina President and Senior Trust Of oar, Coconut Gram Bank. to me known to be fee,mead doerdsd h end who mmumd me fomg0V kukume d and acknowledged b-I an *m they sssoutsd 'Ie erne DrWs ij snas sh&4m as mamaoaaat. NOTARY PUBLIC CCk*A!WMN E7d'IriA MNeOlw1 �i�Ai�.laeeaf floride Prepared BY: Sue M. Sapp tMr�M�aArrp MEYER & ERSKINE 31211 Avenue A Big Pine Key, FL 33043 CONTRACT #94-CT-72-92-2A-M1-001 FLORIDA COMMUNITIES TRUST PROJECT NAME Rate of Growth Control PROPOSAL NUMBER 93-001-C81 FLORIDA COMMUNITIES TRUST AREA OF CRITICAL STATE CONCERN PROGRAM GRANT CONTRACT THIS CONTRACT is entered into on `?_e) J, _, 1994, by and between the FLORIDA COMMUNITIES UST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and MONROE COUNTY (FCT Recipient), a political subdivision of the State of Florida, in order to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds (Project Site), as shall be necessary to ensure compliance with applicable Florida Law and federal income tax law and to otherwise implement provisions of Sections 259.101, 375.045, and Chapter 380, Part III, Florida Statutes. WHEREAS, Chapter 380, Part III, Florida Statutes, the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals, objectives, and policies of the conservation, recreation and open space, and coastal elements of local comprehensive plans, or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.101(3)(c), Florida Statutes, provides for the distribution of ten percent (10%) of the net Preservation 2000 Revenue Bond proceeds to the Department of Community Affairs to provide land acquisition grants and loans to local governments through the FCT, with an additional one -tenth to be used specifically for matching grants, on a dollar -for -dollar basis, for acquisition within areas of critical state concern; WHEREAS, the Governor and Cabinet authorized the sale and issuance of State of Florida Department of Natural Resources Preservation 2000 Revenue Bonds (Bonds); WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; GC/93-001-CS1-P3A FINAL/3-04-94 1 WHEREAS, Rule Chapter 9K-5, F.A.C., sets forth the procedures for evaluation and selection of proposals for land acquisitions using funds allocated to the FCT through the Department of Community Affairs from the Preservation 2000 Trust Fund for Areas of Critical State Concern; WHEREAS, the FCT Governing Body met on January 6, 1994, to consider and select proposals to receive funding and FCT Recipient's proposal was selected for funding in accordance with Rule Chapter 9K-5, F.A.C.; WHEREAS, FCT is authorized by Section 380.510(7)(a), Florida Statutes, Rule 9K-5.007(4), F.A.C., in accordance with Section 380.510(4), Florida Statutes, to impose grant conditions deemed necessary to protect the interests of the State of Florida and to ensure that the project complies the requirements for the use of Preservation 2000 Bond proceeds, and which must be met by the FCT Recipient prior to the release of any funds; WHEREAS, such conditions shall'be imposed by a grant contract that shall contain by reference all regulations, rules, and other grant conditions governing the matching grant award, that shall describe with particularity the real property that is subject to the contract and that shall be recorded in the county in which the real property is located; and WHEREAS, the purpose of this Contract is to set forth the terms and conditions of the matching grant award and covenants and restrictions that shall be imposed on the Project Site(s) acquired with the FCT Preservation 2000 Bond Proceeds and the Recipient's local match. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and FCT Recipient do hereby contract and agree as follows: I. GENERAL CONDITIONS 1. At least two original copies of this Contract shall be executed by FCT Recipient and returned to the FCT office at 2740 Centerview Drive, Tallahassee, Florida 32399-2100 within sixty (60) days of mailing by FCT to the FCT Recipient. Upon receipt by FCT of the signed Contracts, FCT will execute the Contracts, retain one original copy and return all other copies to FCT Recipient. 2. Upon execution and delivery by the parties hereto, the FCT Recipient shall cause this Contract to be recorded and filed in the official public records of Monroe County, Florida, and in GC/93-001-CS1-P3A FINAL/3-04-94 2 such manner and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in connection therewith. 3. The FCT Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Contract to Department of Environmental Protection Bond Counsel for review for conformance to bond restrictions. In the event Bond Counsel opines that an amendment to this Contract is required so that the tax exempt status of the Preservation 2000 Bonds is not jeopardized, FCT and FCT Recipient shall amend the Contract accordingly. 4. This Contract may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. 5. This Contract and the terms, conditions, covenants and restrictions contained herein shall run with the real property acquired with the funds received hereunder and the local match, and shall bind, and the benefits shall inure to, respectively, the FCT and the FCT Recipient and their respective successors and assigns. 6. This Contract shall be governed by and construed in accordance with the laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 7. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of delivery if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 ATTN: Executive Director FCT Recipient: Monroe County, a political subdivision of the State of Florida 2798 Overseas Highway Suite 410 Marathon, FL 33050 ATTN:Lorenzo Aghemo GC/93-001-CS1-P3A FINAL/3-04-94 3 8. If any provision of the Contract shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. II. SPECIFIC CONDITIONS REQUIRED BY RULE 9K-5, FLORIDA ADMINISTRATIVE CODE 1. FCT Recipient hereby acknowledges and agrees that Project work may not be initiated prior to execution of this grant contract. 2. All matching grants from the Area of Critical State Concern Program shall be used for land acquisitions that assist an Area of Critical State Concern county to implement or further the conservation, recreation and open space, or coastal management elements of the local comprehensive plan, to conserve natural resources, to resolve land,use conflicts, and to implement land development regulations which further the principles for guiding development established for that Area of Critical State Concern. 3. Preservation 2000 funds received by the Recipient under this Contract shall only be used for the land acquisition project costs, as defined in Rule 9K-5.002(19), and as set forth in Proposal 93-001-CS1. 4. The FCT Recipient hereby agrees to fully perform the project as described in the Proposal 93-001-CS1. The scope and nature of the project work for which the grant assistance is authorized shall be as follows: Land acquisition program to implement the rate of growth ordinance (ROGO), density reductions and open space requirements specified in the Monroe County Year 2010 Comprehensive Plan for the following types of land acquisitions from willing sellers: a) Properties which have been denied a building permit for years under the ROGO. Since the ROGO's point criteria addresses the environmental issues of habitat value, endangered species, and subdivision infill, these properties will likely be the most environmentally sensitive lands participating in the ROGO. b) Properties which have been denied a building permit for less than four years under the ROGO, but which offer the potential for early acquisition. c) Environmentally -sensitive properties which are not yet the subject of a building permit application, but which are located within areas with the potential for low ROGO scores. d) Properties rendered unbuildable by the density reductions in the Residential Low and Residential Conservation future land GC/93-001-CS1-P3A FINAL/3-04-94 4 i use districts or by the increased open space requirements for undisturbed salt marsh and buttonwood wetlands. 5. The FCT Preservation 2000 Bond Series award granted to the FCT Recipient shall in no event exceed Three million six hundred seventy-seven thousand nine hundred eighty-seven and 00/100 Dollars ($3,677,987.00). 6. Funds awarded under this Contract shall be awarded as a matching grant to FCT Recipient. Funds awarded under this program shall be matched by the Recipient on a dollar -for -dollar basis. 7. The FCT Recipient shall prepare a management plan, following the guidelines set forth in Exhibit "A", for approval by the governing body prior to the release of any funds by the FCT. This plan must include the following: a. At a minimum the management plans shall set forth how the site will be managed to further the purpose of the project, a description of all planned improvements to the project site, the costs and funding sources, and the management entity and its funding source. If the FCT Recipient is not the proposed managing entity,.the management plan must include a signed agreement between the FCT Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management. b. Evidence that the management plan is consistent with the local comprehensive plan. C. Evidence that the conditions imposed in the grant contract have been satisfied. 8. The governing body shall approve or reject the management plan in accordance with the FCT Recipient's compliance with the grant contract and the requirements of Rule 9K-5.008, 9. The FCT Recipient hereby agrees to fully perform the obligations of the Management Plan approved by FCT. 10. FCT Recipient hereby agrees to provide evidence within thirty (30) days of FCT governing board approval of the management plan that the local match portion, in the amount of Three million six hundred seventy-seven thousand nine hundred eighty-seven and 001100 dollars ($3,677,987.00) of the total project costs has been transferred by the FCT Recipient into a restricted segregated account established and used exclusively for the purposes of the funded project. Upon notification to FCT GC/93-001-CS1-P3A FINAL/3-04-94 5 that the restricted account has been established, the FCT funds shall be delivered in the form of a state warrant payable to the Recipient within 30 days. The restricted account shall be the receiving account for the FCT matching grant and shall be subject to the accounting and auditing provisions set forth Exhibit "B" attached hereto and made a part hereof. 11. Pursuant to Rule 9K-5.003(4), F.A.C., prior to awarding funds the local comprehensive plan of an FCT Recipient must either be found in compliance by the Department or the Recipient must have executed a stipulated settlement agreement with the Department to resolve all the issues raised by the Department in a statement of intent to find a plan not in compliance issued pursuant to Section 163.3184, Florida Statutes. FCT Recipient hereby certifies that on January 6, 1994, the status of the Monroe County comprehensive plan was that the stipulated settlement agreement dated February 7, 1992, was executed by the FCT Recipient with the Department. 12. Pursuant to Rule 9K-5.007(5), F.A.C., approval for funding shall be for a period not to exceed two years from the i date of the meeting at which the approval was given. The approval for funding under this Contract shall expire upon the satisfactory completion of the project work and terms and conditions of this Contract or January 5, 1996, whichever occurs first. 13. Funds awarded under this Contract shall be subject to termination as follows: a. Failure of the FCT Recipient to comply with the provisions of this Contract shall constitute grounds for terminating the matching grant. b. The FCT grant portion of funds remaining in the restricted account as a result of early termination of a project grant or from completion of the project at less than anticipated cost shall revert to the Florida Communities Trust Preservation 2000 Trust Fund and be attributed to the bond series out of which the matching grant was made. 14. Notice of Termination may be given by either party according to the provisions for notification in Section I., paragraph 7 above. If the FCT delivers a Notice of Termination prior to January 5, 1996, such notice shall provide the reason for termination and thirty (30) days for the FCT Recipient to correct any deficiencies or violations that may be the basis of the Notice of Termination. GC/93-001-CS1-P3A FINAL/3-04-94 6 15. The FCT Recipient hereby agrees to fully comply with the applicable accounting, retention of accounting records, and auditing requirements as described in Rule 9K-5.010-.012, F.A.C. 16. Pursuant to Rule 9K-5.009(h), F.A.C., the FCT Recipient hereby agrees to submit quarterly project progress reports until this Contract either expires or is terminated, according to Exhibit "C" attached hereto and made a part hereof. 17. Pursuant to Rule 9K-5.015, F.A.C., annual stewardship reports to FCT according to Exhibit "D" attached hereto and made a part hereof. III. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375, AND CHAPTER 3801 PART III, FLORIDA STATUTES. 1. Land acquisition procedures of the Monroe County Land Authority, acting on behalf of the Board of County Commissioners of Monroe County, shall be used for the acquistion of the Property hereunder. 2. Any deed whereby the FCT Recipient acquires title to a Project Site shall incorporate by reference the covenants and restriction of this Grant Contract to ensure that the use of the Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XII of the State Constitution and shall. contain the following clause providing for the conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement Trust Fund upon failure to use the Project Site conveyed thereby for such purposes: i By acceptance of this warranty deed, grantee i herein hereby agrees that the use of the Property described herein shall be subject to the covenants and ^ restrictions as set forth in that certain Grant Contract recorded in Official Record Bookl304o, Page'o' Public Records of Monroe County, Florida. These covenants and restrictions shall run with the Property herein described. If any of the covenants and restrictions of the Grant Contract are violated by the grantee or by some third party with the knowledge of the grantee, 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 in accordance with the Grant Contract without S further notice to grantee, its successors and assigns, and grantee, its successors and assigns shall forfeit all right, title and interest in and to the Property described herein. GC/93-001-CS1-P3A FINAL/3-04-94 7 r 3. If any essential term or condition of this grant contract is violated by the FCT Recipient or by some third party with the knowledge of the FCT Recipient and the FCT Recipient does not correct the violation within 30 days of notice of the violation, fee simple title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal 1 Improvement Trust Fund. The FCT shall treat such property in accordance with Section 380.508(4)(e), Florida Statutes. f 4. Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee, containing such covenants, clauses, or other restrictions as are sufficient to protect the interest of the people of Florida. j 5. The interest, if any, acquired by the FCT Recipient in j the Project Site will not serve as security for any debt of the FCT Recipient unless FCT approves the transaction. 6. If the existence of the FCT Recipient terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed to the.Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. 7. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the FCT Recipient shall deposit with the FCT any insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. The FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the FCT Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from the FCT, the FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. 8. Notwithstanding any of the foregoing, FCT shall have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. GC/93-001-CS1-P3A FINAL/3-04-94 8 IV. CONDITIONS RELATING TO THE PROJECT SITE. 1. The Project Site shall be managed only for the conservation, protection and enhancement of natural resources and for public outdoor recreation which is compatible with the conservation, protection and enhancement of the natural resources that may occur on the Project Site, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically stated in Proposal 93- 001-CS1 approved by FCT. 2. The FCT Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses 1 as appropriate. If an amendment to the FCT Recipient's comprehensive plan is required to comply with this paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient. 3. FCT Recipient shall ensure that all activities under this contract comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction as applicable. 4. The FCT Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the FCT approved management plan. 5. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the FCT Recipient at the Project Site. ! 6. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and/or major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably with- held by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. 8. If archaeological and historic sites are located on the Project Site, the FCT Recipient shall comply with Chapter 267, Florida Statutes. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site will be prohibited unless prior written GC/93-001-CS1-P3A FINAL/3-04-94 9 authorization has been obtained from the Department of State, Division of Historical Resources. 9. The FCT Recipient shall ensure that the Project Site is identified as being publicly owned and operated as a natural resource -based public outdoor recreational site in all signs, literature and advertising regarding the Project Site. V. OBLIGATIONS OF THE FCT RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. If the Project Site is to remain subject, after its acquistion by the FCT Recipient and/or the Trustees, to any of the below listed activities or interests, the FCT Recipient shall provide at least 60 days advance written notice of any such activity or interest to FCT, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest: a. any lease of any interest in the Project Site to any person or organization;. b. the operation of any concession on the Project Site to any person or organization; C. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with any person or organization; d. any use of the Project Site by any person other than in such person's capacity as a member of the general public; e. a management contract of the Project Site with any person or organization; and f. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. 2. FCT Recipient agrees and acknowledges that the following transaction, events, and circumstances may be disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law: a. a sale of the Project Site or a lease of the Project Site to any person or organization; b. the operation of a concession on the Project Site by any person or organization; GC/93-001-CS1-P3A FINAL/3-04-94 10 I C. a sale of things attached to the Project Site to ( be severed from the Project Site to any person or organization; j d. any change in the character or use of the Project j Site from that use expected at the date of the issuance of any t series of bonds from which the disbursement is to be made; i e. any use of the Project Site by any person other j than in such person's capacity as a member of the general public; f. a management contract of the Project Site with any person or organization; and g. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. y VI. CONDITIONS PARTICULAR TO THE PROJECT SITE AS A RESULT F OF THE FCT APPROVED MANAGEMENT PLAN 1. Coordination with the Game and Fresh Water Fish Commission on the development of any facility at these sites and the overall development of the sites to insure that adequate consideration is given to the protection of listed plant species and wildlife habitat. ' 2. Coordination with the Game and Fresh Water Fish Commission, United States Fish and Wildlife Service, Florida Keys Marine Sanctuary, and Division of Recreation and Parks in the management of lands adjacent to or within the management boundaries of state parks or wildlife refuges to further the protection of listed wildlife species and their habitat. 3. Within a year of acquiring a parcel, development of a specific site management plan that shall include (a) a survey of the vegetative communities, listed plant species, and listed species habitat; (b) a protection plan for listed plants, imperiled and critically imperiled vegetative communities, and listed species habitat and; (c) a restoration plan for all ' parcels except for those designated for recreation or parcels that are in pristine natural condition. GC/93-001-CS1-P3A FINAL/3-04-94 11 i I i 4. The Project Sites shall be managed in a manner that will optimize habitat conditions for the listed wildlife species that utilize o-r could potentially utilize the Project Site. 5. The vegetative communities that occur on the Project Sites shall be preserved and appropriately managed to ensure the l long-term viability of these communities. 6.The FCT Recipient shall coordinate with the Game and Fresh Water Fish Commission on the management of the Project Sites for the protection of listed species and listed species habitat. 7. Invasive exotic vegetation that occurs on the Project Sites shall be eradicated and shall be replaced with native species. The FCT Recipient shall use the Exotic Pest Plant Council's 1993 List Of Florida's Most Invasive Snecies list to identify invasive exotic species on the Project Sites. 8. Annual monitoring of all parcels acquired to insure that the goals and policies outlined in the management plan are achieved. 9. The FCT Recipient shall develop plans for the consolidation of scattered lots that are acquired under this program. In the event of a conflict between the terms of the Grant Contract, the Management Plan or the Grant Proposal, the controlling document shall be in the following priority: 1. The Grant Contract; 2. The Management Plan; 3. The Grant Proposal. This Contract including Exhibits "A", "B", "C", and ''D" embodies the entire contract between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Contract. MONROE 1rfY_ F RI CqMMUNITIES TRU T B Y :- �.y� AALL 1 Linda Loomis Shelley, Chair T i , / +Ld't� /Li/JQ.C/1/YYl Q/Ni e: -froui 30 1994 Accepted as to Form a d Legal Sufficiency: /--J� /cy' bat - - ? G /93-001-CS1-P3A NAL/3-04-94 12 Date: Accepted as to Form and Legal Sufficiency: Date: i STATE OF FLORIDA COUNTY OF LEON The fo egoi g instrument was day of , 1994, by of the Florida Communities Trust. \o01111111111//11, STATE OF FLORIDA COUNTY OF MONROE day acknowledged before me this LINDA LOOMIS SHELLEY, as Chair Shs personally known to me. NIA -Vary Pub c int Name e. ommission o. My Commission E� es: The foregoing instrument was acknowledged before me thi of MAY , 1994, by JACK LONDON 11 MAYOR/CHAIRMAN He\She is personally known to ii �. KtHaCE, C1E9-11 r•:rz� I ; PIT" I1 Clerk GC/93-001-CS1-P3A FINAL/3-04-94 13 s '6th as me. I PAX Notary Ptbli Print Name: Ruth Ann Commission No�. <<_ j"1.3 0 2 .2 My Commission Expires: l c RUTH ANN JANTZEN STATE OF FIOR DA P My comm Exv12/30/95 BONDED "EXHIBIT A" FLORIDA COMMUNITIES TRUST TECHNICAL ASSISTANCE BULLETIN: 02 WRI77NG A MANAGEMENT PLAN The conceptual management plan submitted as a part of a Florida Communities Trust ("FCT") grant application or proposal serves as a basis for the management plan for project sites purchased with funds from FCT. Materials and information gathered for the application or proposal can and should be reflected in the plan where appropriate. Conditions required in the Conceptual Approval Agreement or Grant Agreement should be incorporated in the management plan. Location map, boundary map, vegetative surveys, site plans, Conceptual Approval Agreement, the recorded deed when it becomes available, and other supporting documents should be included as exhibits or included in the appendix of the management plan for future readers. The following general outline identifies the range of issues to be addressed in the management plan, where applicable. INTRODUCTION AND GENERAL INFORMATION - Provide information including the name of the project, the location 3 of the Project Site, and other general information such as a brief resource description, and historical information relevant to site management. �( Provide a table of contents of the management plan. PURPOSE OF THE PROJECT AND MANAGEMENT 1 Discuss the purpose for acquiring the Project Site and proposed future uses consistent -with statements made in the application or proposal. Provide a summary of the comprehensive plan directives that would be furthered by managing the site as proposed. Commitments made in the application or proposal and reinforced by conditions of the grant funding must be reflected in the management plan. Identify the principle objectives for managing natural resources and compatible outdoor recreation. Identify a procedure to amend the land use designation to 5 conservation, outdoor recreation, open space, or other similar category once the land is acquired. s Include provisions to ensure that the Project Site is identified in all signs, literature, and advertising as being publicly owned, open ! to the public and operated as a natural resource conservation area, outdoor recreation area, or other appropriate descriptive 'Language, S and identifying the Project Site as having been purchased with funds from the FCT and the Recipient. 9 Rev. 3/4/94 f 1 SITE DEVELOPMENT, IMPROVEMENTS AND ACCESS Incorporate a provision for requesting written approval from the FCT before undertaking any site alterations or physical improvements that are not addressed in the FCT ap proved management plan. 1 Physical Improvements Identify and locate existing and proposed physical improvements to the Project Site on a master site plan. These might include such things as signs, fences, walkways, recreational paths, campgrounds, restrooms, educational space, utility corridors, parking areas and buildings. Identify any proposed alteration of land use or character, the approximate area affected and how this activity will be coordinated with the protection of listed plant and animal species. Identify any permits or approvals that may be required for the development or restoration work and a procedure for providing evidence to the FCT prior to the initiation of any activity that all required licenses and permits have been obtained. Include the placement of at least one sign identifying the Project Site as being open to the public, purchased with funds from FCT and the Recipient, operated as a natural resource conservation area, outdoor recreation area, or other appropriate descriptive language. Access Identify how access to the Project Site will be provided. For example, are parking places proposed on -site, and if so, approximately how many spaces or how much area will be devoted to this use? If parking is not proposed on -site, are there existing or proposed spaces adjacent to or sufficiently near the property? Identify any proposed access to waterbodies including, but not limited to, marinas, docks, boat ramps, fishing piers or viewing platforms and the approximate size of the facility. Consider providing bike paths to the site and bike racks at the site to provide an alternative to automobile transportation to the Project Site. Access to Project Sites should be compatible with all state and federal construction standards, including the Americans with Disabilities Act. Identify existing and proposed easements, concessions, or leases. If easements, concessions, or leases are anticipated to be granted on the Project Site, such proposed arrangements need to be identified. These might include utility rights -of -way, flowage or access easements, recreation or supply concessions, and leases or other instruments that would allow grazing, timbering, agriculture, or other revenue producing enterprises. Include a procedure to provide 60 days prior written notice and information regarding any lease of any interest, the operation of any concession, any sale or option, any use other than by -a member Rev. 3/4/94 2 a of the public, and management contracts of the Project Site with non -governmental persons or organizations. KEY MANAGEMENT ACTIVITIES Maintenance: Identify required maintenance activities, including but not limited to trash removal, site cleanup, and facilities upkeep. Identify the entity responsible for property maintenance. j Identify procedures to ensure that dumping of trash or hazardous i material does not occur on or adjacent to the Project Site. Identify contemplated service contracts with private concerns such as garbage removal, restroom cleaning, security guards, etc. i Security: Identify the parties responsible for preventing vandalism, trespassing, and other property damage. Identify measures to protect the Project Site and the public using the site such as on -site manager, security guards, neighborhood watch, emergency phones, etc. 1 Staffing: Identify the expected staffing requirements for management of the Project Site including both permanent and volunteer staff. Natural resource protection: Identify the natural resources at the Project Site and the issues, problems, and proposed management techniques associated with protection of those natural resources. Management techniques should include, but not be limited to, a baseline survey of listed plant and animal species, protection of listed plant and animal species, protection of imperiled or critically imperiled vegetative communities, protection of geological features, protection of surface water and groundwater quality and hydrology and prescribed burns. Identify monitoring activities to insure the continued viability of vegetative communities and listed species found on the Project Site. The monitoring plan should include periodic surveys of the vegetative communities, listed plant species, and listed animal species found on the Project Site. Provide for forwarding survey information on the occurrence of listed plant and animal species to the Florida Natural Areas Inventory. Resource restoration and enhancement: Identify the primary components of the Project Site enhancement and restoration effort, if any. These might include removal of invasive exotic plant species, removal of feral animals, restoration of wetlands, improvement of surface water quality, recovery plan for listed species, and restoration of uplands habitat. This section should include a time frame for implementing and completing the activities and a monitoring program to insure success of the resource enhancement activities. Identify parts of the property that require different degrees or types of enhancement management. Archeological and historical resource protection: Identify any archeological or historical sites on the Project Site and the primary components of managing the archeological or historical Rev. 3/4/94 _r sites. Outline procedures to protect archeological or historical sites that may be identified in the future. Incorporate a provision that if any archaeological and historic resources are discovered at the Project Site, the Recipient shall comply with the provisions of Chapter 267, Florida Statues specifically Sections 267.061 (2)(a) and (b). Provide for coordination with the Division of Historical Resources, Florida Department of State. Coordination: Explain how the management of the site will be coordinated with other adjacent land owners and other resource protection agencies. For example, in the case of prescribed burns, what measures will be used to minimize impacts on nearby residential properties? Identify measures to protect the Project Sites from adjacent off -site activities that might impact resources on the Project Site such as pesticide spraying on adjacent property, water treatment facility discharging into creeks flowing through Project Site, etc. Include provisions to coordinate with other agencies for appropriate guidance, recommendations, and necessary permits that may be related to the Project Site, such as the following: the Florida Game and Fresh Water Fish Commission and U.S. Fish and Wildlife Service to avoid impacts to listed species; the Water Management District and Department of Environmental Protection to ensure that development of the Project Site is done in a manner to protect or improve water quality; the Division of Forestry and the Game and Fresh Water Fish Commission on the implementation of a prescribed burn program; other local, state, or federal agencies special management plans, if appropriate. COST ESTIMATE AND FUNDING SOURCE Identify the estimated costs of the various development and management activities outlined in the management plan. For review and analysis purposes, the estimated costs should be separated into the same categories as the identified activities. Identify the entity that will pay for development and management of the Project Site and some measure of the commitment or capacity to provide these monies. For example, adequate personnel and resources in the local parks and recreation department may exist to address the added burden associated with the Project Site. Identify any citizen organization or non-profit groups committed to providing services or funding and a measure of commitment or capacity to provide these services. PRIORITY SCHEDULE j Identify a proposed time line for implementing the development and management activities of the management plan based on established { priorities and the availability of funds. Provide a graphic display of the implementation time lines. t Rev. 3/4/94 MONITORING Identify procedures for assessing progress in achieving goals set k forth in the management plan such as the percentage of property restored, inventory of species using the Project Site, etc. i Identify procedures for periodic amendment to the management plan, when appropriate. Include a provision acknowledging responsibility for preparing an annual stewardship report to the FCT, due on the anniversary date on which the Project Plan was approved by FCT. Rev. 3/4/94 i i i, Exhibit "B" Rule 9R-5.010 Accounting Requirements. The grantee shall maintain an accounting system which provides for a complete record of the use of all funds connected with the grant. This accounting system shall provide for: t (1) Accurate, current, and complete disclosure of the financial results of the grant. { (2) Records that identify adequately the sources and application of funds for all activities related to the grant. In the absence of a proper accounting system with accounts for source and application of funds, a separate checking account may be used. (3) Effective control over and accountability for all funds, property, and other assets. (4) Comparison of actual outlays with amounts in budget. (5) Procedures to minimize the time elapsing between the transfer of funds from the Trust and the disbursement by the grantee. (6) Procedures for determining reasonableness, allowability, and allocability of costs. (7) Accounting records that are supported by source documentation, for example: invoices, bills, canceled checks. (8) An independent audit performed in accordance with Section 11.45, Florida Statutes, and rules of the Auditor General of the State of Florida. Such audits should be conducted at least every two (2) years. Specific Authority 259.101, 374.045, 380.507(11), F.S. Law Implemented 259.101, 375.045, 380.510, F.S. History --New 6-30-93. Rule 9R-5.011 Retention of Accounting Records. (1) Financial records, supporting documents, statistical j records, and all other records pertinent to a grant shall be retained for a period of three years after the end of the grant period or until an audit is completed. If any litigation, claim, or audit is started before the expiration of the three year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. GC/93-001-CSi-P3A FINAL/3-04-94 1 (2) The grantee shall make all grant records of expenditures, copies of reports, books, and related documentation available to the Trust, the Department, or any duly authorized representatives of the state for inspection at a reasonable time for the purpose of making audits, examinations, excerpts, and transcript. Specific Authority 259.101, 374.045, 380.507(11), F.S. Law Implemented 259.101, 375.045, 380.510, F.S. History --New 6-30-93. Rule 9X-5.012 General Audit Procedures. The Trust shall develop a monitoring and audit schedule at the beginning of each grant year to insure the adequate monitoring and audit of selected grantees. All grantees that receive a matching grant shall provide for examinations in the form of audits of their books and accounts. This does not mean that each grant shall be audited separately. The grantee may provide for a general audit of its books performed in accordance with Section 11.45, Florida Statutes, that would include the grant. The Trust may, at its option, perform selected or complete audits of grants or grantees. The potential for such an audit increases when one of the following circumstances or conditions exist: (1) First year, grantees; (2) Where a grants administrative official of the Department or Trust determines that a grant report indicates that a provision of the grant requirements has not been met or a grant report has not been filed by the grantee; (3) The grantee has a history of poor performance under a Trust grant; (4) The grantee is under investigation by another granting t agency. Specific Authority 259.101, 374.045, 380.507(11), F.S. Law Implemented 259.101, 375.045, 380.510, F.S. History --New 6-30-93. t GC/93-001-CS1-P3A FINAL/3-04-94 2 EXHIBIT "C" QUARTERLY PROGRESS REPORT ' Please fill in all Project Identification information as requested. The performance reports will be cumulative in terms of information presented, but the Quarterly Report Period should indicate only the date of the current quarterly period being submitted. Project Description should be a maximum of two paragraphs, identifying the problem which this project addresses, the proposed ! solution, implementation, or other proposed outcome of the project. Please identify any partners working with the Recipient. I Project Acquisitions should list and briefly describe all acquisitions identified in the Grant Proposal and Contract. Project Progress by Quarter should become a cumulative report throught the life of the project. Please address specific progress made toward completion or satisfaction of each acquisition. The acquisition itself need not be reiterated, but the acquisition numbers should correspond with the Project Acquistion numbers identified in the Project Acquisition section above. Please identify completion of each acquisition where appropriate. PROJECT NAME: FCT RECIPIENT: PROPOSAL NUMBER: PROJECT MANAGER: EFFECTIVE DATE OF AWARD: QUARTERLY REPORT PERIOD: PROJECT DESCRIPTION: GC/93-001-CS1-F3A FINAL/3-04-94 1 PROJECT ACQUISITIONS: Acquisition I. • Acquisition 2. Acquisition 3. (List all acquistions listed in grant contract.) PROJECT PROGRESS BY QUARTER: 1st Quarter (dates) Acquisition 1. j Acquisition 2. Acquisition 3. (Describe any project implementation problems encountered, if applicable.) 2nd Quarter (dates) Acquisition 1. t/ Acquisition 2. Acquisition 3. I (Describe any project implementation problems encountered, if applicable.) 3rd Quarter (dates) Acquisition 1. Acquisition 2. Acquisition 3. (Describe any project implementation problems encountered, if applicable.) r 4th Quarter (dates) Acquisition I. Acquisition 2. Acquisition 3. (Describe any project implementation problems encountered, if applicable.) GC/93-001-CS1-P3A 2 FINAL/3-04-94 I EXHIBIT "D" ANNUAL STEWARDSHIP REPORT REQUIREMENTS GC/93-001-CS1-P3A FINAL/3-04-94 3 EXHIBIT "D" ANNUAL STEWARDSHIP REPORT REQUIREMENTS Rule 9K-5.015, Florida Administrative Code requires the Recipient of a grant award from the Florida Communities Trust (FCT) to prepare an annual stewardship report due on the anniversary of the date on which the project plan was approved by the FCT governing body. The annual stewardship report evaluates the Recipient's implementation of the approved management plan and verifies that award conditions are being followed, that uses and management of the project site are compatible with the protection of natural resources, and that monitoring and survey information is used to refine management of the project site. At a minimum, the format and content of the proposed report should include a table of contents; numbered pages; a section summarizing the status of site development and key management activities; a section identifying gross revenue received through fees, sales and concessions if any; a section assessing new information .and outlining changes needed to update the adopted management plan; and any appropriate supporting documents as attachments. The section summarizing site development and key management activities should address the status of each activity proposed in the management plan approved by the FCT. These activities should include all physical improvements, maintenance, security, vegetation and animal surveys, exotic species control program, educational program, prescribed burn program, and any other activity proposed in the management plan. This information can be presented in summary form as shown below. Example Table: SUMMARY OF SITE DEVELOPMENT AND MANAGEMENT ACTIVITY MANG.PLAN ON BEHIND CONTINU- COMPLETED PAGE NO. SCHEDULE/ SCHEDULE ING NOT BEGUN Any activity that is behind schedule must include a brief statement explaining the reason for the delay and a new target date for its completion. Completed activities should include a brief statement explaining the end result. The section identifying gross revenue received through the collection of fees, sale of goods and services and other means should identify the activity involved, the managing entity receiving income and the gross amount of income received. This information can be presented in summary form as shown below. Example Table: SUMMARY OF REVENUE RECEIVED ACTIVITY MANAGEMENT ENTITY GROSS AMOUNT RECEIVED