Resolution 715-1989
Monroe County Commission
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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
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.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
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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.
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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
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President
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NOTARY PUBLIC. STATE OF FLORIDA.
MY COMMISSION EXPIRES: OCT. 4. 1992. ~
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