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Resolution 715-1989 Monroe County Commission CJ co 0::: If) C c:' a .' 6E LI C t.:::_ l.() C I L.... C-:l C, ~ Lw ....J ~ >....-. l.&.. RESOLUTION NO. 715 -1989 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORI ZING THE MA YOR/ CHAIRMAN OF THE BOARD TO EXECUTE A RESTRICTIVE COVENANTS DOCUMENT BETWEEN THE STATE OF FLORIDA DIVISION OF HISTORICAL RESOURCES, THE KEY WEST ART & HISTORICAL SOCIETY AND MONROE COUNTY, IN QRDER TO PRESERVE THE FACILITIES FOR WHICH THE KEY WEST LIGHTHOUSE IS LISTED IN THE NATIONAL REGISTER OF HISTORIC PLACES AND TO PERMIT THE ENHANCEMENT OF THE LIGHTHOUSE THROUGH RESTOP~TION. WHEREAS, the County is the owner of the Key West Lighthouse located in Key West, Monroe County, Florida, and WHEREAS, the Lighthouse is listed in the National Register of Historic Places and contributes to the historic character of the City of Key West and the Florida Keys, and WHEREAS, the receipt of federal grant assistance funds necessitates the recording of restrictive covenants, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. The Mayor/Chairman of the Board is hereby authorized to execute the attached document entitled "Restrictive Covenants" on behalf of Monroe County, Florida. 2. The Clerk of the Board is hereby directed to record this Restrictive Covenants document in the official records of Monroe County. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the .:IJl",{ day of ffi~e.",.Ae.r , A.D. 1989. (Seal) Attest:PMNX L. KOLHAGEI. Pl~k. BOARD OF COUNTY COMMISSIONERS ::.M#~ MAY ~tiFORM BAND !( (Jl~Yo y ---.:- Atf~~:~'-:;"s /1-'f~;;;:--- '- ...--- .' , , l .RE..s.TRI.c..T.I~_CQ'lE.NANT.S THIS INDENTURE is made and entered into the day of ,198_, between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and Monroe County, hereinafter referred to as the Owner, and the Key West Art and Historical Society, hereinafter referred to as the Grantee, and shall be effective for a period of ten (10) years from the date of execution. WHEREAS, the Owner is the fee simple titleholder of the Property located at the Key West Lighthouse, Key West, Florida and otherwise identified as: That certain piece of parcel of land on the island of Key West being a part of tract number 3 (three) as designated on the map or plan of said island, delineated by William A. Whitehead, February, 1829 and commencing at the Southeast corner of said tract 3 (three) on Whitehead Street of the city of Key West extended, and running thence Westwardly on the line between tract number 3 (three) and 10 (ten) two hundred and one feet (201) feet; thence in a Northerly direction at right angles with said line one hundred and eighty nine feet four inches (189 4/12 feet); thence in an Easterly direction to Whitehead Street aforesaid two hundred and one feet (201). Thence along Whitehead street to the place of beginning. WHEREAS, said Property is listed on the National Register of Historic Places or' contributes to the historic character of a district so listed, and WHEREAS, the Grantee as consideration is to receive Federal Historic Preservation Grant assistance funds administered by the Department, pursuant to the current Federal policies and procedures for the administration of Historic Preservation grant- in-aid assistance under the National Historic Preservation Act of 1966, as amended, and the Owner as,consideration is to receive enhancement of the Property through its restoration, and WHEREAS, said Federal funds have been or will be expended for purposes of preserving the qualities for which said Property is listed on the National Register of Historic Places, or contributes to the historic character of a district so listed, Now THEREFORE, the Owner and the Grantee hereby make and declare the following restrictive covenants which shall run with ~ , . the title to said Property and be binding on its successors in interest, if any, for the period stated in the preamble above: 1. The Owner and the Grantee agree to assume the cost of the continued maintenance and repair of said Property so as to preserve the architectural, historical, or archaeological integrity of the same in order to protect and enhance those qualities that made the Property eligible for listing on the National Register of Historic Places. Nothing in this Covenant shall prohibit the Declarant or its successors in interest from seeking financial assistance from any source available to them. 2. The Owner and the Grantee agree that no visual or structural alterations will be made to the Property without prior written permission of the Department. 3. The Owner anq the Grantee agree that the Department, its agents and designees shall have the right to inspect the Property at all reasonable times in order to ascertain whether or not the conditions of the Covenant are being observed. 4. The Owner and the Grantee agree that when the Property is not clearly visible from a public right-of-way or includes interior work assisted with Historic Preservation Grant funds, upon restoration of the Property to a safe condition, the Property will be open to the public no less than 12 days a year on an equitably spaced basis and at other times by appointment. Nothing in this Covenant will prohibit the Declarant from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. 5. The Owner and the Grantee, further agree that when the Property is not open to the public on a continuing basis, and when the improvements assisted with Historic Preservation Grant funds are not visible from the public way, notification will be published in newspapers of general circulation in the community area in which the Property is located giving dates and times when the Property will be open to the public. Documentation of such notice will be furnished annually to the state Historic Preservation Officer during the term of the Covenant. , -- . I IN WITNESS WHEREOF, we set our hands and seals on the day and year set forth above. WITNESSES: DEPARTMENT OF STATE GEORGE W. PERCY Director, Division of Historical Resources MONROE COUNTY Mayor, Monroe County KEY WEST ART _AND HISTORICAL SOCIETY ~ 7 ;~ ~c~ --- . ---- BECKY ~ER President Ct11/;/ll Ii. ;j{ln, I..&t.? '~~ ~ "IU-.-P' , / ~4 NOTARY PUBLIC. STATE OF FLORIDA. MY COMMISSION EXPIRES: OCT. 4. 1992. ~ 80NO.0 THRU NOTARY ..U.....c UNO.RWI."'."" (/ ~~ rl..... /" APp,< , l{ ll-- BY _,._ ,) FORM . 'f ftler. ,/f1rl'