7th Addendum 09/25/2009 This document prepared by: Doc# 1761221 10/01/2009 2:51PH
Filed & Recorded in official Records of
Kristen L. Coons, Esq. MONROE COUNTY DANNY L. KOLHAGE
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd. Docn 1761221
Tallahassee, FL 32399 BkN 2434 P9N 281
PROJECT NAME Rate of Growth Control FLORIDA COMMUNITIES TRUST
PROPOSAL NUMBER 93-001-CSI
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 ZTw' day of 2009.
W
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 an
the transfer to the City of the Property purchased by the FCT K)
Recipient with funds awarded under the terms of this Grant
4010
Contract.
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WHEREAS, four parcels were inadvertently omitted from the N
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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 zo
that the last party signs this addendum. N a
.O r
W .1
THIS ADDENDUM VII TO GRANT CONTRACT, ADDENDUM VI, ADDENDUM V, N
ADDENDUM IV, ADDENDUM III, ADDENDUM II, ADDENDUM I, the GRANT
CONTRACT AND ALL EXHIBITS embody the entire Agreement between the N
parties. w
IN WITNESS WHEREOF, the parties hereto have duly executed
this ADDENDUM VII TO GRANT CONTRACT.
MONROE UNTY FLORIDA COMMUNITIES TRUST
BY: ri
AA Ken Reecy
Title: Mayor/Chatt-M& ► Community Program Manager
-� G,j 9 2009 Date: �•`�a�-C�'
(Seal '
ATTESt: DANNY L. KOLHAGE, CLERK Accepted as to Form and Legal
�n(��� ...��• �� Suf iciency:
By: �� L�Lk-�� � .Q 5,----
Deputy Clerk Date:
Accepted as to Form and Legal
Sufficiency:
CITY MARATH N
BY:
Title:
Date:
Accepted as to Form and Legal
(SEAL) Sufficiency:
ATTEST: CLERK, City,.af Marathon A
Date:
I Oct
ADDVII/93-001-CS1
07/01/2009 3
Doev 1761221
8k# 2434 P9N 284
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,athe Florida Communities Trust. He is personal known
to me.
NoPrintUrNamey Pplvc
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:
Commission
My Commisslogg�pikes-'t %
B *,06 0
STATE OF FLORIDA 49S
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8M-31
COUNTY OF MONROE
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The foregoing instrument was acknowledged before is
day of U U 2009, by George Neugent as Mayor of the
Board of County Commissioners of Monroe County, Florida. He\She
is personally known to me.
D E
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?z
�' Notary Public
..........
epQ�
Print Name:
Commission No.
My Commission Expires:
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LIC,
STATE OF FLORIDA141111W
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this
day of -Akq% At+ 2009, by CLd,0 as
City of Mal-athon, Florida. He\She is
personally kno4PA to me.
Not y Public 1
Pr inda IQ
Commission No.
My commission Expires:
CYNTM4A86 J0"Ew
"*o"bnuOD?MD0M010"33 6
ADDVII/93-001-CS1 WON"FAWk
07/01/2009 4 W0F b1
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Exhibit "A"
Tax Id Numbers: DocU 1761221
Bk# 2434 Pg# 285
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
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Sponsored by: Burnett u a
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W•d
.is Of
CITY OF MARATHON,FLORIDA .�N
RESOLUTION 2009-113
N
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Of
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MARATHON, FLORIDA, APPROVING THE EXECUTION OF
ADDENDUM VII TO GRANT CONTRACT FOR THE FLORIDA
COMMUNITIES TRUST RATE OF GROWTH CONTROL PROJECT,
PROJECT NUMBER 93-001-CS1 TO ALLOW FOR THE TRANSFER OF
LAND ON GRASSY KEY FROM MONROE COUNTY TO THE CITY OF
MARATHON; 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, the Florida Community Trust requires the execution of Addendum VI1 to
Grant Contract,Project Number 93-001-CS1; and
WHEREAS,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
execute Addendum V 11 to Grant Contract, a copy of which is attached hereto as Exhibit B.
Section 3. This resolution shall take effect immediately upon its adoption.
Doen 1761221
Bkp 2434 Pg# 287
PASSED AND APPROVED by the City Council of the City of Marathon, Florida, this
25th day of August,2009.
THE CITY OF MARATHON,FLORIDA
ael Clnqu ayor
AYES: Snead,Worthington, Ramsay,Vasil, Cinque
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
(�f sw CD
Diane Clavier
City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE
CITY OF MARATHON,FLORIDA ONLY:
City Attorney
Doe
EXHIBIT A Bkan2434�zpgp 288
Real Estate Number 00360240-000000,00360250-000000,00360260-000000, and
00373720-000000
Doc# 1761221
Bko 2434 Pga 289
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.
Doc# 1761221
SkU 2434 P9# 290
PASSED AND APPROVED by the City Council of the City of Marathon,Florida, this
loth day of March,2009.
THE CITY OF MARATHON,FLORIDA
Michoarel Cin
AYES: Ramsay,Snead,Vasil,Worthington,Cinque
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
lann1v
e Clavier
City Clerk
(City Seal)
APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE
CITY OF MARATHON,FLORIDA ONLY:
City—1 e?A. y
Doc# 1761221
EXHIBIT A Bk# 2434 Pg# 291
Real Estate Number 00360240-000000,00360250-000000,00360260-000000,and
00373720-000000
MONROE COUNTY
OFFICIAL RECORDS