HomeMy WebLinkAboutQuit Claim Deed 04/22/2026 0 4 F I C 1"
y
Re:RE#00058800-000000
RE4 00058790-000100
This instrument prepared by, ATTACHMENT �.
or under the direction of:
PEDRO J.MERCADO
Chief Assistant County Attorney
Monroe County
FBN#84050
1111 12thj St,suite 408
Key West,FL 33041
UIT CLAIM DEED
THIS DEED, made this 22"aday .._c P_._.!�_f&ic— 2026, by the BOARD OF
C
COUNTY COMMISSIONERS OF MONROE OUNTY,FLORIDA,a political subdivision
of the State of Florida and party of the first part,whose address is 1100 Simonton Street, Key
West, FL 33040, to the CITY OF KEY WEST, a municipality incorporated in the State of
Florida and party of the second part, whose address is 1300 White Street, Key West, Florida
33040.
WITNESSETH, that the said party of the first part, for and in consideration of the
assumption of jurisdiction and responsibility over the property conveyed herein 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:
SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF
Parcel ID:00058790-000100
Parcel ID:00058800-000000
By acceptance of this quit claim deed,party of the second part hereby agrees that the use
of the Property described herein shall be subject to the covenants and restrictions as set forth in
that certain Land and Water Conservation Fund Program Grant,Project# 12-00209 as amended
in Project # 12-00209.1, see EXHIBIT "B" attached hereto and made a part hereof. These
covenants and restrictions shall run with the Property herein described in perpetuity.
(SIGNATURE PAGE TO FOLLOW)
Doc#2541981 Bk#3379 Pg#28
Recorded 51 1/2026 1 1:53 AM Page 1 of20
Deed Doc Stamp$0.00
Filed and Recorded in Official Records of
MONROE COUNTY KEVIN MADOK,CPA
Pagel of 2
Re:RE#00058800-000000
RE#00058790-000100
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise pertaining,and all the estate,right, title,interest, lien, equity
and claim whatsoever of the said first party, either in law or equity, to the only proper use,
benefit and behoof of the said second party forever.
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.
°� L
BOARD OF COUNTY COMMISSIONERS
EVIN MADOK,CLERK OF MONROE COUNTYFLORIDA
4 T B I
As e: 1ty Cierk ayor/Chairman
MONROE f NTY ATTORNEY „
Ar�PR, D FORM
EDRO MERCADO
CHIEF ISTANT COU Z NEY
DATE:
Page 2 of 2
Exhibit A—Legal Description
A tertaia tract or parcel of land lying and being in
-Monroe County. Florida, on the Island of Uy West,
being all the lands within the following mates mud
bouode except an ea.clave described below.
From a Point of Beginning (P.O.B.), said point being
in the westerly line of White Street approximately
400 feet southerly from the county road and being
marked by a 1/4 inch copper bolt set in the top of a
concrete monument set at the oortheast corner of the
boundary fences, proceed S34'23'£, 500 feet to a
point in the westerly line of White Street; thence
S55'30'W. 339.8 feet to a point; thence 316'30'W.
103.3 fact to a paint; thence 479*30'Wp 69.9 feet
to a point; thence H34'30'W, 399.2 teat to a point
in the soLtherly boundary of Caaa Marine Court; thence
N53'37% 500 fact to the paint of beginning. Excepted
trod the lands thus bounded is an enclave, haing more
particularly described as follows: Start..%& from the
above described P.O.B., proceed S10"30'W, 22!,l feet
to a point, said point being the point of beginning
of the Enclave; thence S79°30'E, 135.0 feet to a
point; than,ce Sia"30`+i. 270.0 feet to a point; thencA
ti79'30'W, 27D.0 feat to a paint; thence, N10'30'2,,
270.0 feet to a point; thence S79'30% 135.0 fast
to the poi-at of beginning of the Enclave.
AND ALSO
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EXHIBIT B
(DNR Contract NumberT
FLORIDA DEPARTMENT OF NATURAL RESOURCES
LAND AND WATER CONSERVATION FUND PROGRAM
Project Agreement
This Project Agreement made and entered into this
day of )) &.,),r 19 f-3, by and between the State of
Florida Department of Natural Resources, hereinafter called
DEPARTMENT and Monroe
:oe
hereinafter called the PROJECT SPONSOR, in furtherance of an
approved outdoor recreation project involving the parties hereto
in pursuance of which the parties hereto agree as follows:
1. This Agreement shall be performed pursuant to
Chapter 16D-5, Part I, Florida Administrative Code, the Land and
Water Conservation Fund Act of 1965, 78 Stat. 897 (1964) , as
amended, and in accordance with the general provisions for such
contracts prescribed by the United States Department of the
Interior attached hereto and designated Exhibit "A". By
acceptance of the grant, the PROJECT SPONSOR agrees to comply
with the requirements of Title VI of the Civil Rights Act
of 1964, and Section 504 of the Rehabilitation Act of 1973, and
further agrees to cooperate with the DEPARTMENT in all aspects
of compliance with all federal and state laws relating to the
Program funds. It is the intention of the parties hereto that
none of the provisions of Section 163.01, Florida Statutes, shall
have application to this Agreement.
2. The DEPARTMENT has found that outdoor recreation is
tocro'tt- i.ori facil.iti(-,,; Ind improvew+:ntn on the property
described in Exhibit "B" attached.
3. The PRL)JECT SPONSOR will c:onSLruc:L, yr cau:;u Lieu
construction of, certain outdoor recreation facilities and impro-
vements in accordance with the project elements described herein
and in accordance with the site. plan attached as Exhibit "C".
The following shall be considered the project elements:
site preparation, tennis courts, shelters and picnic facilities.
4. The PROJECT SPONSOR shall begin work on the project
by Janus_ _ 198_ and shall complete the project by
Selatember 15 , 1984 unless amended by mutual agreement for
good cause.
5�. The DEPARTMENT shall pay, on a reimbursement basis
to the PROJECT SPONSOR such Program funds, not to exceed
$ 110,223.56 which will pay said Program's share of the cost
of the project. Program fund limits are based upon the
following:
Total Project Cost $ 220 �447mm12
Program Amount $ 110 223,56
Program Sponsor Match $ 110,223.56
Type of Match Cash expenditures Jfc)rce accOlmt S(1LU), basis
6. Eligible costs for constructing said project are
defined in the Grant Accountability policy described in Exhibit
"D", attached. Expenses, representing the grant amount and
required match, shall be reported to the DEPARTMENT and sum-
marized on certification forms provided in Exhibit "D" . The
PROJECT SPONSOR shall retain all records supporting these costs
for three (3) years after the fiscal year in which the final
Program payment was released by the DEPARTMENT, except that such
records shall be retained by the PROJECT SPONSOR until final
resolution of matters resulting from any litigation, claim, or
audit that started prior to the expiration of the three-year
retention perioa.
7. The DEPARTMENT and the PROJECT SPONSOR fully
understand and agree that there shall be no reimbursement of
funds by the DEPARTMENT for any obligation or expenditure made
prior to the execution of this Project Agreement with the excep-
tion of $. :S 700AO for: Project planning, development, and
environmental assessment.
8. competitive open bidding and purchasing for the
construction of said project facilities or improvements shall
comply with all applicable laws.' Following completion of project
construction, the PROJECT SPONSOR'S Liaison Agent shall provide
a statement certifying all purchases or contracts for con-
struction were competitively bid pursuant to applicable law.
9 Richard W. Froemke Chief, Office Rec. Serv.,
(Title .---
or successor, is hereby designated as the DEPARTMENT'S contract
Manager for the purpose of this Project Agreement and shall be
responsible for insuring performance of its terms and conditions
and shall approve all reimbursement requests prior to payment.
SPObiSOR'S Liaison Agent shall submit to the DEPARTMLNT a signed
project status report every ninety (90) days summarizing the work
accomplished, problems encountered, percentage of completion and
other appropriate information. Photographs shall be submitted
when appropriate to reflect the work accomplished.
10. The PROJECT SPONSOR agrees to provide the
DEPARTMENT with annual attendance reports at such time the pro-
ject is opened for use by the general public. Said attendance
reports shall be submitted to the DEPARTMENT during the month of
July of each year and shall provide attendance records, for a one-
year period beginning on July 1, and ending on June 30 of the
previous year.
11. Should a user fee system be implemented for the
project, such fees shall be imposed uniformly upon all users
without regard to age, sex, race, other condition, or the political
subdivision in which the user may reside. If requested by the
PROJECT SPONSOR and authorized by the DEPARTMENT, special
allowances may be made for certain classes or groups of users.
12. All moneys expended by the PROJECT SPONSOR for the
purposes contained herein shall be subject to preaudit review and
approval by the Comptroller of Florida in accordance with Section
17.03, Florida Statutes. Supporting documentation for expen-
ditures shall be provided by the PROJECT SPONSOR in accordance
with the Grant Accountability Policy, attached as Exhibit "D" .
13. The PROJECT SPONSOR agrees to save and hold
harmless the DEPARTMENT, its officers, agents, and employees from
any and all liabilities, claims, actions, damages, awards and
judgements, to the extent allowed by law, arising from the
PROJECT SPONSOR'S obligations contained herein to construct,
operate and maintain the project.
14. The DEPARTMENT reserves the right to inspect said
Qr other material made or receive(] in conjunction with the Project
Agreement pursuant to the provisions of Chapter 119, Florida
Statutes.
1 16. The PROJECT SPONSOR agrees to dedicate the land
described in Exhibit "B" and by its acceptance of the provisions
of this Agreement does hereby dedicate the land described in
Exhibit "B" to the public in perpetuity as a recreation area
available ,to the general public for recreational purposes only.
17. The PROJECT SPONSOR shall not for any reason
convert all or any portion of the property described in Exhibit
"B" to other than recreational purposes, without prior approval
of the DEPARTMENT and the National Park Service pursuant to
Section 6(f) (3) of the Land and Water Conservation Fund Act.
18. The PROJECT SPONSOR agrees to operate and maintain
the project at its own expense for a minimum period of twenty-
five (25) years from the date of project completion. The project
shall be open for public use; shall be maintained in accordance
with applicable health standards and shall be kept in reasonable
repair to prevent undue deterioration and to encourage public
use. The PROJECT SPONSOR covenants that it has full legal
authority and financial ability to operate and maintain said pro-
ject facilities and improvements.
19.. Following receipt of an audit report identifying
any refund due the DEPARTMENT for non-compliance by the PROJECT
SPONSOR with said Project Agreement, the PROJECT SPONSOR will be
allowed a maximum of sixty (60) days to submit additional per-
tinent documentation to offset the amount identified as being -due
the DEPARTMENT. The DEPARTMENT, following a review of the docu-
mentation. submitted by the PROJECT SPONSOR, will inform the
PROJECT SPONSOR of any refund due the DEPARTMENT.
20. The DEPARTMENT shall have the right to demand a
tlu� 1:,1•,'VA17'1.1MENT the 11110I.Int 01 money deir1;1n(3c(1.
21. If the United States, acting through the Department
of the Interior, the Secretary of the Interior, or any other
branch of the government of the United States, acting within the
scope of its lawful authority, should for any reason demand a
refund from the DEPARTMENT, in whole or in part, of the funds-
provided to the PROJECT SPONSOR under the terms of this Agreement,
the PROJECT SPONSOR, upon notification from the DEPARTMENT,
agrees to refund and will forthwith repay directly to the
DEPARTMENT the amount of money demanded.
22. For any year in which this contract extends beyond
the DEPARTMENT'S fiscal year (June 30) , performance by the
DEPARTMENT under this contract shall be subject to and contingent
upon the availability of monies lawfully appropriated to the
DEPARTMENT for the purposes of this contract.
22. The PROJECT SPONSOR and the DEPARTMENT mutually
agree to the following special terms and conditions incorporated
as part of this Agreement: NONE
I14 WITNESS WIIEREOF, the parties hereto have caused these
presents to be executed by the officers and agents thereunto
lawfully authorized.
STATE OF FLORIDA _
DEPARTMENT OF N RAL RESOURCES — 4 "
Reco n e Acce ted
By Ijey C:e. Lan rtim By:
t - 'L,� ,s
. - gent for this P4 ose ►�o,,�„�
Liais rn Officer
State of Florida
,. _ ✓^7
Attest: 1�
Approved �
B
Dr Elton J/'Gissenr�anner
Executive Director
Attest:
DN IT C� .. �ontract Manager
DNR Contract Administr for �
Approved as to
Form an` Legality
DN;: Attorney
DEPARTMENT OF NATURAL RESOURCES
Florida Land and Water Conservation Fund Program
LIST OF PROJECT ELEMENTS
The Clarence Higgs Beach & Park Expansion consisted elements:
construction the
construction or renovation of the following project e
1. Three (3) new tennis courts were constructed adjacent to
the already existing three (3) tennis courts, thus doubling
the recreation -facilities in this area of the park.
2. one (1) new handball/racquetball was constructed in the
area of the radio tower.
r
of fencing were removed and the aea graded
and leveled to receive crushed limerock fill. APDroximately
4,030 cubic yards of fill material was spread and rolled in
this section and then covered with 1,16o cubic yards of sand.
sandy - the
This greatly enlarged the ar
Beach Park as can be seen byea theof as-builtbeach siteat plans.Higgs
4. in this newly expanded section, the Public Works Department
constructed eight (8) tike buts for use as picnic shelters.
Eight (8) picnic benches were also constructed with one
the Public Works Department
In addition,
for each
placed at each tiki. one
purchased eight (8) new barbecue grills
shelter.
5. The existing roadway in the park area had to be re-routed to
accomodate the expansion of the beach area and a new roadway
with an alternate routing was constructed. This new roadway
consists Of a crushed limerock base with a double-surface
treatment of oil and rock, this construction method is iden-
tical to the one used by Monroe County in construction of all
of our secondary roads. Future plans call for the extension
of this road throughout the park area to provide access to the
proposed parking lot addition.
6. The Public Works Department has planted the restoration area
ent species of indigenous trees and shrubs.
with many differe
nt
Disease-resistant coconut palms line the new road and aralia
hpp-n planted along the fence fronting Casa marina
. --I 4_rAp.q
1
UNITED STATES STATE Florida
DEPARTMENT OF THE INTERIOR W �
NATIONAL P..RK SERVICE Project Amendment No. 12-00209. 1
AMENDMENT TO PROJECT AGREEMENT
THIS AMENDMENT To Project Agreement NOV-01209 is hereby made and agreed upon by
the United States of America, acting through the Director of the National Park
Service and by the State of pursuant to the Land and Water
Conservation Fund Act of 1965, 78 Stat. 897 (1964).
The State and the United States, in mutual consideration of the promises made
herein and in the agreement of which this is an amendment, do promise as
follows:
That the above mentioned agreement is amended by adding the following:
Change an project scope to include development of
handball/racquetball court.
Federal assistance will rentlin the sarre.
Fla-Monroe-N/A
12-087-0000
In all other respects the agreement of which this is an amendment, and the
plans and specifications relevant thereto, shall remain in full force and
effect. In witness whereof the parties hereto have executed this amendment as
of the date entered below.
TH:7E TATE` OF AMERICA STATE
Ey k..............._ F1 rids, �..(Signature)44
}
y
(Title) (Signature)
a
National Park Service Nev C. Landrum
I�I:I' V'"I'fll.11'I' IIh` il;,'I'lll'/11, )III's'I':
�„1 ni� Intl 6'J:11:i?1" t'OIl:;r'`1'b',)1. li_ill ICU nIj
,l;lU•III III II III (U 1'I'I) �rt:f' (tl l'I•I'I'•IItI
This Amendment to Project Agreement No. 12-00209 is
hereby made and agreed upon by the State of Florida acting
through the Executive Director of the Department of Natural
Resources and Monroe County (Higgs Beach Park) pursuant to
the Land and Water Conservation Fund Act of. 1965, 73 Stat. 397
(as amended) . The State of Florida and the County
in mutual consideration of the covenants made herein and in the
agreement of which this is an amendment, do covenant as follows :
That the above mentioned Agreement is amended by adding
the following:
Increase scope of project to include
development of handball/racquetball court.
In all other respects the Agreement of which this is an
amendment and the plans and specifications rolevanL- thereto shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have e::ecuted this
amendment as of the date entered below.
STATE OF FLORI "-A,, MONROE COUNTY BOARD OF
DEPARTMENT (" " NAT RAL RESOURCES COUNTY COMMISSIONERS
Recoml = Idec Accepted
Noy 12. Landrum e ::or t'.-,i�! Purpose
Liaison Officer Higgs Beach Restoration Projec
State of Florida Director, Monroe County Public
Land and Water Conservation Fund - W -a nnpartment
Title
BV: Attest: ---� .,4'.J ..a -... 7