05/17/1995 Agreement
J)annp 'I.. J!olbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
MEMORANDUM
TO: Mark Rosch
Land Authority Director
Ruth Ann Jantzen, Deputy Clerk ./? ~ i .
FROM:
DATE:
June 1, 1995
At the May 17, 1995 County Commission Meeting, the Board granted approval
and authorized execution of an Interlocal Agreement for the Monroe County Land
Authority to provide Monroe County $3,677,987.00 for the purchase of property under
the Dwelling Unit Allocation Ordinance and the Monroe County Year 2010
Comprehensive Plan.
Enclosed please find two fully executed duplicate originals of the above
Agreement for your handling.
H you have any questions on any of the above, please do not hesitate to contact
me.
cc: County Attorney
Finance
County Administrator, w/o document
File
IHTERLOCAL AGREEMENT
'-Ih
THIS INTERLOCAL AGREEMENT entered into this 117 - day of May, 1995,
by and between the Monroe County Land Authority, a land authority
pursuant to Section 380.0661, Florida Statutes, (hereafter "the
Land Authority") and Monroe County, a political subdivision of the
State of Florida (hereafter "the County"), in order to establish
mutual agreements regarding the Land Authority's provision of the
local match and services required for the County's grant from the
Florida Communities Trust (hereafter "FCT") for land acquisition
associated with the County's Dwelling unit Allocation Ordinance and
the Monroe County Year 2010 Comprehensive Plan.
WHEREAS, the County has adopted the Dwelling Uni t Allocation
Ordinance (#16-1992) and the Monroe County Year 2010 Comprehensive
Plan (#16-1993); and
WHEREAS, both ordinances identify the need for land acquisition,
particularly with respect to rate of growth controls; and
WHEREAS, the Land Authority was created pursuant to section
380.0661, Florida Statutes, to acquire and dispose of land as a
means of assisting in the implementation of land use plans and
acting as an intermediary between private property owners and the
agencies that regulate land use; and
WHEREAS, the FCT has made available to the County financial
assistance in the form of grant funds to be used to acquire land
pursuant to said ordinances and Rule Chapter JgK~~, ~lor~a
Administrati ve Code; and ~ > M
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WHEREAS, on May 3, 1994, the County entered into a~~~t JBntr~t
with the FCT, as a preliminary step to securing ~!1e: FC]. grcmt
funds; and ZA ." :..u
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WHEREAS, the FCT grant contract requires a 50% IOC~"matc~ an~
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WHEREAS the Land Authority wishes to provide the required local
match funds and to provide needed services and its expertise,
subject to certain conditions and the County wishes to accept those
conditions.
NOW THEREFORE, the Land Authority and the County do hereby agree as
follows:
Section 1 Funding
The Land Authority hereby agrees to grant $3,677,987 to Monroe
County to serve as the local match for the FCT grant funds of an
equal amount. Those Land Authority funds will be delivered to the
County following the County's submittal and FCT's approval of the
management plan for the properties to be acquired. Pursuant to the
terms of the FCT grant contract, those funds may only be used for
the following types of acquisitions:
A. RaGa Denials Properties denied a building permit under the
County's rate of growth controls.
B. Proactive RaGa Acauisitions Environmentally sensitive
properties which are not yet the subject of a building
application, or for which an application has not yet been
denied, but which are located within areas with the potential
for low scores in the County's rate of growth allocations.
C. Densi tv and aDen SDace Requirements Properties rendered
unbuildable by density reductions in the Residential Low and
Residential Conservation future land use districts or by the
increased open space requirements for undisturbed salt marsh
and buttonwood wetlands.
In the event that the FCT grant referred to hereinabove expires or
is terminated for any reason, the unused portion of the Land
Authority's initial grant of Three Million, six Hundred and
Seventy-Seven Thousand, Nine Hundred and Eighty-seven Dollars
($3,677,987.00) shall be returned to the Land Authority within ten
(10) days of the termination or expiration of the FCT grant
referred to herein.
Section 2 Procedures and Conditions
A. Payment for Land Authoritv Services. In order to offset
expenses which will be incurred by the Land Authority in the
performance of its duties under this Agreement, excluding real
estate closing costs, the Land Authority shall be paid from the
segregated account established under the above-referenced grant
contract the sum of Nine Thousand Dollars ($9,000.00) per
month, to be paid commencing sixty days after deposit into the
segregated account of the local match funds and ending upon the
termination of the contract. The monthly payment does not
include fees charged by the Land Authority's legal counsel for
real estate closings, which are eligible expenses under the
terms of the FCT grant and shall therefore be paid by the
County out of the grant funds at the time of closing.
B. Acquisition Decision For those properties described in Section
1 of this agreement, the decision whether to purchase the
property or to issue the building permit shall be made by the
County, with input from the Land Authority.
C. Acauisi tion Procedures Pursuant to section III, paragraph 1 of
the grant contract between FCT and the County, all property
purchased with the grant shall be purchased in accordance with
Land Authority acquisition procedures. Acting on behalf of
the Board of County Commissioners of Monroe County, (1)
purchase offers shall be tendered by Land Authority staff; (2)
offers shall be reviewed by the Land Authority Advisory
2
Committee; and (3) the resulting transactions shall be closed
by the Land Authority's legal counsel.
D. Ti tIe Pursuant to FCT regulations, title to the property
acquired with thE. FCT grant shall vest in the County. Pursuant
to section V, paragraph 2a of the grant contract between FCT
and the County, the County may transfer title of the acquired
properties to the LClnd Authority, subject to approval by FCT
and the Land Authority.
E. Management Reauirements The County shall implement the
management requirements of the FCT grant, with input from the
Land Authority. These requirements include, but are not
limited to, management plans, quarterly acquisition reports,
site-specific management plans, plans for consolidation of
lots, annual stewardship reports, and replacing exotic
vegetation with native vegetation.
F. Use of Acauired Property The decision of how the acquired
properties will be used (~, activity based park, resource
based park, conservation area) will be made by the County with
input from the Land Authority, and will depend on the nature of
the acquisition. All such uses shall conform with the
requirements of the grant contract and with the grant
application which is incorporated into the grant contract.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their officials thereto duly authorized.
(Sealf'l "'~'.. ':.
'J k.','
A TTE$:rJ: l ~ tii:/
~~t2!t-
Mark J. osch
Executive Director
MONROE COUNTY LAND
AUTHORITY
APt:-;o~encY
Larry R. Erskine
3
(Seal)
ATTEST
DANNY KOLHAGE, CLERK
By: ~~~~P?<HJ
Deputy ler
Approved As to F
for La al Suffic
4
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
BY:cS~-fiuf.~~~
Ma r