5th Addendum 10/18/2001
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MONROE COUNTY LAND AUTHORITY
1200 TRUMAN A VENUE, SUITE 207 · KEY WEST, FLORIDA 33040
PHONE (305) 295-5180 · FAX (305) 295-5181
January 24, 2002
Ms. Adrienne Bellflower
DEP Division of State Lands
MS 115
3900 Commonwealth Blvd.
Tallahassee, FL 32399-3000
Re: Monroe County to Board of Trustees (Batch of 400+ parcels)
Dear Adrienne:
I have recently received the refund check for surplus recording fees, which is the last item
pertaining to the closing of the above referenced transaction. In accordance with our
discussion, I am now transmitting original recorded documents and a check as follows:
1. Addendum V to grant contract #94-CT-72-52-2A-MI-001 between Monroe County and the
FCT.
2. Release from conditions of grant contract #94-CT-72-52-2A-MI-001 between Monroe County
and the FCT.
3. Quit claim deed from The Nature Conservancy to the Board of Trustees.
4. County deed from Monroe County to the Board of Trustees.
5. Title affidavit, environmental affidavit, itemized acqusition costs statement, and donation
settlement statement.
6. Refund check in the amount of $81.00 for the overpayment of recording fees.
In accordance with our discussion, it is my understanding that you will forward copies of these
documents as necessary to FCT and The Nature Conservancy.
Thank you for your assistance in closing this transaction.
Sincerely rL
'Y4' ~ \ r ~
Mark J~OSCh
Executive Director
cc: Isabel DeSantis, Monroe County Clerk's Office (with enclosures)
Laurie McHargue, Monroe County Land Steward (with enclosures)
Ann Wild, Florida Communities Trust (without enclosures)
Geoffrey Rich, The Nature Conservancy (without enclosures)
This document prepared by:
Ann J. wild
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399
MONROE: COUNTY
Ofi'Pfr'TAL RRCOROR
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nANNY L KOLHAGR, CLRRK
FCT CONTRACT # ~'1.e,- 7.2- (',2' .lA-"",,,.. vJ FLORIDA COMMUNITIES TRUST
PROJECT NAME Rate of Growth PROPOSAL NUMBER 93-001-CS1
Control
FLORIDA COMMUNITIES TRUST
AREA OF CRITICAL STATE CONCERN PROGRAM
ADDENDUM V TO GRANT CONTRACT
THIS ADDENDUM V 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 politi~l subdivision of the State of Florida
("FCT Recipient"), this :?/ day of PC.T.~,r;lt , 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 initial term of the approval for funding under
the Grant Contract expired January 5, 1996 and was extended by
Addendum I to expire January 5, 1997, by Addendum II to expire
January 5, 1998, by Addendum III to expire January 5, 1999, and by
Addendum IV to expire May 30, 1999, when approval for funding was
terminated;
WHEREAS, the Grant Contract provides an opportunity to
facilitate the purchase of environmentally sensitive or downzoned
subdivision lots targeted for acquisition by the Conservation and
Recreation Lands program ("CARL");
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 Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida ("Board of
Trustees");
ADDV\93-001-CS1
9-6-01
1
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.
WHEREAS, on July 2, 1997, the FCT governing body approved the
transfer to the Board of Trustees of the Property purchased by the
FCT Recipient with funds awarded under the terms of this Grant
Contract.
WHEREAS, the conditions for property donations from the FCT
Recipient to the Board of Trustees 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:
1. section III. 2 shall apply only to those parcels in the
Project site that are retained by the FCT Recipient. section
111.2 shall not apply to those parcels transferred by the FCT
Recipient to the Board of Trustees.
2. section VII. is hereby added to read as follows:
VII. PROCEDURE TO RELEASE PARCELS TO THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA
1. FCT governing body shall review and approve the parcel(s) for
which release is requested for compliance with the following
requirements:
a. Title to the parcel(s) must be vested in Monroe County.
b. Parcel(s) must be located within a CARL project boundary
c. Grant contract conditions shall be released only as to
the described parcel(s).
d. All Division of State Lands, Department of Environmental
Protection, standard closing procedures must be followed by FCT
Recipient with respect to title insurance, environmental site
assessment and survey as to the released parcel(s) .
e. Board of Trustees must agree to accept title to the
parcels to be transferred.
ADDV\93-001-CS1
9-6-01
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f. FCT and FCT Recipient must agree that no new conditions
will be imposed upon the parcel (s) by execution of the release
instrument.
g. FCT and FCT Recipient must agree to cooperate and take
any other actions required by a title insurance underwriter
insuring title to the parcel (s) to delete all title exceptions
relating to the Grant Contract.
2. Upon compliance with section VII.2. above, the release
instrument, in form and content approved by the Division of State
Lands, shall be executed by FCT and FCT Recipient 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 V TO GRANT CONTRACT, ADDENDUM IV, ADDENDUM III,
ADDENDUM II, ADDENDUM I, the GRANT CONTRACT and its Exhibits "A",
"B", "C", and "0" embody the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this
ADDENDUM V TO GRANT CONTRACT.
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Ti tle: Mayor of Monroe County
Date: /00/
ice Browning
ecutive Directo
Date: tOJBI/t;)
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Form and Legal
Accepted as to Form and Legal
Sufficiency:
Dat~~
TATE OF FLORIDA
COUNTY OF LEON
The~o~e~oing instrument was acknowledged before me this ~/J~
day of ~~~ ,2001, by Janice Browning, as Executive
Director of the Florida Communities Trut;. She is pers~nal?y_known
to me. f::)~ ;J1. (;-u,6
Notary P lic
Print Name: Gayle H. Brett
Commission No. CC781236
My Commission Expires: 10/6/02
ADDV\93-001-CS1
9-6-01
/;.\-:r.\ft~.. Gayle H. Brett
N:'h:~':,~ MY COMMISSION # CC78123' EXPIRES
~'~'@"l Ocl.ber 6. 2002
"';f.iif.j~:t-.. BONDED THRU TROY FAIN INSURANC~ INC
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STATE OF FLORIDA
COUNTY OF MONROE
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The foregoing
day of October
Mayor of the Monroe County
Board of County Commissioners
instrument was acknowledged before me this 18th
2001, by George R. Neugent ,---as
He\~ is personally known to me.
~> Kimberly A Nystrom
*.,*Mv Commission CC827874
~.~ ExpIres AprIl 19. 2003
ADDV\93-001-CS1
9-6-01
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~~i~t rJam~~ 1Dl~erlY A. Nystrom
Commission No. CC827874
My Commission Expires: 04/19/03
MONHOF: COUNTY
OFFICIAL HECORDS
4
This Instrument Prepared By and
Please Return To:
American Government Services Corporation
2901 West Bush Boulevard Suite 910
Tampa, FL 33618
COUNTY DEED
(STATUTORY FORM - SECTION 125.411, F.S.)
THI INDENTURE, made this eft) -(It day
of ~ ttmbtl: A.D. 2001, between MONROE COUNTY, a political
subdivis on of the State of Florida, whose address is 500 Whitehead Street,
Key West, 33040, of the County of Monroe, in the State of Florida, party of the
fIrst part, and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE ST ATE OF
FLORIDA, whose post offIce address is c/o Florida Department of Environmental Protection, Division of State Lands, 3900
Commonwealth Boulevard, Mail Station 115, Tallahassee, FL 32399-3000, party of the second part,
(Wherever used herein the terms "party of the first part" and "party of the second part" include all the parties to this
instrument and their heirs, legal representatives, successors and assigns. "Party of the first part" and "party of the
second part" are used for singular and plural, as the context requires and the use of any gender shall include all
genders.)
WITNESSETH: That the said party of the fIrst part, for and in consideration of the sum of Ten Dollars, to it in hand paid by the
party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second
part, its successors and assigns forever, the following described land situate, lying and being in Monroe County, Florida, to-wit:
See Exhibit "A" attached hereto and by reference made a part hereof.
Acceptance of Transfer of Title to Donated Lands attached hereto as Exhibit "B" and by reference made a part hereof.
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 by the chair or Vice Chair of said board, the day and year aforesa~d.
MONROE COUNTY
a political ubdivision of the State of Florida
B
Attest:-Oo~(1. !Jv')J ~
, Deputy Clerk
(Official Seal)
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