6th Addendum 06/20/2001 ti�ouN.. 0
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE BRANCH OFFICE
PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 5W WHITEHEAD STREET 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145
FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146
MEMORANDUM
DATE: January 4, 2002
TO: James Hendrick
County Attorney
ATTN: Suzanne Hutton
Assistant County Attorney
FROM: Pamela G. Han ck
Deputy Clerk
At the June 20, 2001, Board of County Commissioner's meeting the Board granted
approval and authorized execution of two Florida Communities Trust Contracts in connection
With the transfer of the Coco Plum Beach property to the City of Marathon. (1) Release from
Conditions of Grant Contract, and; (2) Area of Critical State Concern Program Addendum to
Grant Contract.
Enclosed are three duplicate originals of the above mentioned, executed on behalf of
Monroe County, for your handling. Please be sure that the fully executed "Monroe County
Clerk's Original" is returned to our office as soon as possible. Should you have any questions
please do not hesitate to contact this office.
cc: County Administrator w/o document
Finance
File
This document prepared by:
Ann J. Wild
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 VI TO GRANT CONTRACT
THIS ADDENDUM VI 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") , this ZoA day of .1K►+e. , 2001.
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 III.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.
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, 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;
ADDVI/93-001-CS1
9/6/01 1
WHEREAS General Condition I.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:
1. Section III. 2 is hereby replaced, revised and superseded by
the following:
2 . Any deed whereby the FCT Recipient acquires or
transfers 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:
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 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.
2 . 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. Grant Contract conditions shall be released only as to
the described parcel(s) .
ADDVI/93-001-CS1
9/6/01 2
b. The City must confirm agreement to accept title to the
parcel (s) by acknowledgment of the release instrument.
C. The City must confirm the legal and tax consequences
under Florida and federal income tax law affecting the parcel(s)
under Preservation 2000 by acknowledgment of the release
instrument.
2 . Upon compliance with Section VIII. above, the release
instrument, shall be executed by FCT and Recipient and
acknowledged by 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.
The date of execution of this addendum shall be the date
that the last party signs this addendum.
THIS ADDENDUM, VI TO GRANT CONTRACT, ADDENDUM V, ADDENDUM IV,
ADDENDUM III, ADDENDUM II, ADDENDUM I, the GRANT CONTRACT and
its Exhibits "A", "B", foci$, and "D" embody the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this
ADDENDUM VI TO GRANT CONTRACT.
MONROE COUNTY FLORIDA COMMUNITIES TRUST
BY:
„w �,Q Janice Browning
Title: / /V� (/�- Executive Director
Date• y K"C- 201 zoo Date:
Accepted as �9,� ALSUMFI
�IOo a Accepted as to Form and Legal
Suf f iciency:ANDIE Sufficiency
NE A. HU ON
Date: o O Date:
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this
day of , 200 , by Janice Browning, as Executive
Director of the Florida Communities Trust. She is personally
known to me.
Notary Public
Print Name:
(SEAL) Commission No.
ATTEST: DANNY L. KOLHAGE, CLERK My Commission Expires:
Y
DEPUTY CLERK
ADDVI/93-001-CS1
9/6/01 3
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this
day of , 200_, by , as
He\She is personally known to me.
Notary Public
Print Name:
Commission No.
My Commission
Expires:
ADDVI/93-001-CS1
9/6/01 4
Exhibit "A"
ADDVI/93-001-CS1
9/6/01 5
This document prepared by:
Ann J. Wild
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-CSl
RELEASE FROM CONDITIONS OF GRANT CONTRACT
WHEREAS, Monroe County is the owner of that certain
Property, as described in Exhibit "A' attached hereto and made
a part hereof ( "Property' ' ) , that is subject to the terms and
conditions of that certain Grant Contract, as amended, between
Florida Communities Trust ( "FCT" ) and Monroe County (referred
to as —FCT Recipient ' ' in the Grant Contract) recorded Official
Record Book 1306, page 0417, of the Public Records of Monroe
County, Florida.
WHEREAS, Monroe County desires to convey the Property to
the City of Marathon( "City, , ) - By acknowledgment of this
Release, the City agrees to accept title to the Property.
WHEREAS, Monroe County and the City have requested release
of the terms and conditions of the Grant Contract and FCT agrees
to such release;
WHEREAS, the Section VII . of the Grant Contract, as amended,
provides for the procedure to release property from the terms
and conditions of the Grant Contract upon conveyance from Monroe
County to the City;
WHEREAS, Section III . 4 of the Grant Contract, provides that
any transfer is subject to the approval of FCT and FCT shall
enter into a agreement with the transferee sufficient to protect
the interest of the people of Florida, and FCT has approved the
transfer of the Property to the City, subject to certain
conditions;
WHEREAS, the City hereby acknowledges these conditions by
acceptance of this Release;
RELEASE\93-001-CS 1
1
WHEREAS, Section I .4 of the Grant Contract, provides that
the Grant Contract may be amended by agreement set forth in a
written instrument and agreed to by both Monroe County and FCT;
NOW THEREFORE, FCT and Monroe County mutually agree as follows;
1 . The Grant Contract is hereby amended, only as to the
Property, described in Exhibit "A' attached hereto and made a
part hereof, to be conveyed by Monroe County to the City and to
delete all conditions except for the following conditions which
still apply to the Property:
I . 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
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
ATTN: Executive Director
City: City of Marathon
ATTN:
FCT Recipient : Monroe County
5100 College Road
Key West. FL 33040
ATTN: DAVID OWENS OMB
II . 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.
V. FCT Recipient agrees and acknowledges that the
following transactions, 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.
RELEASE\93-001-CS 1
2
1 . a sale of the Project Site or a lease of the Project
Site to any person or organization;
2 . the operation of a concession on the Project Site by
any person or organization;
3 . a sale of things attached to the Project Site to be
severed from the Project Site to any person or organization;
4 . any change in the character or use of the Project Site
from that use expected at the date of the issuance of any
series of bonds from which the disbursement is to be made;
5 . any use of the Project Site by any person other than in
such person' s capacity as a member of the general public;
and
6 . a management contract of the Project Site with any
person or organization.
2 . All terms and conditions of the Grant Contract still apply
to all parcels retained by Monroe County.
NOW THEREFORE, by acknowledgment of this Release, the City
confirms the following;
1. The City agrees to accept title to the released Property.
2. The City acknowledges the legal and tax consequences under Florida and federal income tax
law affecting the property under Preservation 2000 listed in item V. above.
IN WITNESS WHEREOF, the parties have executed and acknowledged this Release, effective
the date the last party signs this Release.
Witnesses: 4Name:
NTY
(SEAL)
By ATTEST. DANNY L KOLHAGE, CLERK
Print Name: Priiiet
t By
Title: Mayo„ DEPUTY CLERK
Date: ��� z�, L„�
Approved as to form and legal
Print Name: S yaS TO F R
By: A ! LEGAL SUFFICI,
Date:
RELEASE\93-001-CS1 DATE
3
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of
200_, by , as
He\She is personally known to me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
Witnesses : FLORIDA COMMUNITIES TRUST
Print Name : By.
Janice Browning
Executive Director
Date :
Approved as to form and legal
Print Name : Sufficiency
By:
Date :
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of
200_, by Janice Browning, as Executive Director of the
Florida Communities Trust. She is personally known to me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
Acknowledged:
Witnesses : City of Marathon
Print Name: By.
Print Name:
Title
Date
Print Name-
RELEASE\93-001-CS 1
4
Approved as to form and legal
Sufficiency
By
STATE OF FLORIDA Date:
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of
200_, by , as
on behalf of the City of Marathon. He/She is personally known to me.
Notary Public
Print Name:
Commission No.
My Commission Expires:
RELEASE\93-001-CS 1
5