2nd Addendum 09/17/1997
iDannp lL. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
M~M.QBAHI2YM
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
TO:
Mark Rosch, Executive Director
Monroe County Land Authority
Attn: Sheila DiSantos
Isabel C. DeSantis, Deputy Clerk ~.e .~.
FROM:
DATE:
October 24, 1997
As you know, at the meeting of September 15, 1997, the
Board approved the following:
=================================================================
1.
Resolution No. 321-1997 authorizing the granting of
easements to the Florida Keys Electric Cooperative
Association, Inc. associated with the previously approved
sale of a portion of Crawl Key.
2.
Agreement for Sale and Purchase of Lands concerning Marathon
acreage (RE#104190) to sUpplement the Public Works garage
property.
Contract Addendum II, FCT Project #93-001-CS1 to extend a
land acquisition grant from the Florida Communities Trust,
Contract #94-CT-72-92-2A-Ml-001.
?
Attached hereto is a certified copy of the subject
Resolution, a dUPlicate original of the Agreement for Sale and
Purchase of Lands and three duplicate originals of Contract
Addendum II for your follow-through with the FCT. Please be sure
that one fully executed copy of the Addendum is returned to this
office as quickly as possible.
Should you have any questions concerning this matter,
please do not hesitate to contact me.
cc: County Attorney
Finance Director
County Administrator, w/o doc.
Tax Collector
Property Appraiser
/File
This document prepared by:
.Ann J. wild
Florida Communities Trust
Department of community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399
CONTRACT #94-CT-72-92-2A-M1-001
PROJECT NAME Rate of Growth
Control
FLORIDA COMMUNITIES TRUST
PROPOSAL NUMBER 93-001-CSl
FLORIDA COMMUNITIES TRUST
AREA OF CRITICAL STATE CONCERN PROGRAM
ADDENDUM II TO GRANT CONTRACT
THIS ADDENDUM II 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 POlij~l SUbdiVi11,o~ State of Florida
("FCT Recipient"), this day of CJ 1997.
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 ~~~r~O,
Part III, Florida Statutes. 0 r::::; -.J '-::!
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WHEREAS, the initial term of the Grant Contracf: -exp:;R-ed:J
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January 5, 1996; ~~' " "'i
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WHEREAS, the term of the Grant Contract was ~ten.de<b:> b}l::1J
Addendum I to expire January 5, 1997; ~ ,,"- ::3 ~
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WHEREAS, the Grant Contract provides an opp~tunity too
facilitate the purchase of downzoned subdivision lots ~rgeted~or
acquisition by the Conservation and Recreation Lands program
("CARL") ;
WHEREAS, the FCT Recipient is willing to use the grant funds
to assist in said CARL acquisitions, provided title to the acquired
parcels is either transferred to or directly vested in the Board of
Trustees of the Internal Improvement Trust Fund of the State of
Florida ("Board of Trustees");
WHEREAS, the conditions for donations from Monroe County to
the Board of Trustees have been established;
WHEREAS, the FCT Recipient has submitted to FCT a written
request for extension of the January 5, 1997, deadline;
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.
ADDII\93-001-CSI
12-3-96
1
WHEREAS, the parties hereto desire to extend the term of the
Grant Contract;
NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows:
1. section 11.12. is hereby replaced, revised and superseded by
the following:
12. Approval for funding shall be for a period not
to exceed four years from the 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, 1998, whichever occurs
first.
2. Section 11.14. is hereby replaced, revised and superseded by
the following:
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, 1998, 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.
3. In every respect, this amendment is to be construed and
applied as though the parties had both signed it before January 5,
1997.
4. The date of execution of this addendum shall be the date that
the last party signs this addendum.
THIS ADDENDUM II TO GRANT CONTRACT, ADDENDUM I, the GRANT CONTRACT
and its Exhibits "A", "B", "C", and "D" embody the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this
ADDENDUM II TO GRANT CONTRACT.
BY:
F~~S~
James F. Murley, Chair
Date:
No.,- \l \ \9 C)J
Accept
Suffi
Legal
ADDII\93-001-CSI
12-3-96
Date:
L KOLHAGE a.ERK
~.t..lc.~~
DEPUTY ClERK
2
~TATE OF FLORIDA
COUNTY OF LEON
T~_foregoing instrument was acknowledged before me this ~
day of /b~ ' 199:1, by JAMES F. MURLEY, as Chair of the
Florida Commun1t1es Trust. He is personally known to me.
;..:-'~-;~t!\~: :;;~:.;:#~~~ ~Janice D. D~;.hi
b' ~ 'd fvlY COMMiSSiON ,,' CCC388S1 EXPiRES
"-7~?f;~~} Dacember 10, 2000
~",,9~,r.-,,\" BONDED THRU THDY FAiN INSURANCE, !NC.
~A'~
ary Public
Print Name:
Commission No.
My Commission Exp~res:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 17TH
day of SEPTEMBER 199 7, by KEITH DOUGLASS , as
MAYOR I CHAIRMAN He\fiB is personally known to me.
.,'
"1"11."'\\'"
;;Sl;d~ "ht . il~
Notary Public
Print Name: SHEILA M. DI SANTO
Commission No. lee 'in":\fi":\A
My commission Expires: WRRTTARV 1, 2000
.i~~~'S SHEILA M. 01 SANTO t
!*:W:*~ MY COMMISSION' CC 503634 t.
" : I EXPIRES: FebruIry 1. 2000
'. It.. Ilond8d Thiu Nolary PublIc UndItwrIlIns
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ADDII\93-001-CSI
12-3-96
3