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Resolution 470-1989 ,. FILED. r:-nc- RrrnR, n,! . " . -. I .....f .~. ._ .89 AUG 14 P4 :33 RESOLUTION NO. 470 -1989 r, .... UI-'. CL RESOLUTION AUTHORIZING MAYOR/CHAIRMAN TO ~ot CUUN AGREEMENT BETWEEN STATE OF FLORIDA DIVISION OF HISTORICAL RESOURCES, KEY WEST ART & HISTORICAL SOCIETY, AND MONROE COUNTY IN ORDER 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 ITS RESTORATION. WHEREAS, the County is the owner of the Key West Lighthouse located in Key West, 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 funds necessitates the recording of restrictive covenants, now, therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: That the Mayor/Chairman is authorized to signed the attached document entitled "Restrictive Covenants" on behalf of Monroe County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 9t-J_ day of 4.,)..s -I , A.D., 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA //lteA'LA/ By May~~ (SEAL) Attest: l.)M~ I:.r. ~OLIlAGE, Clerk ~~~.~.&.r er ' GQ 6V RE"S,T,RI.C.T,I,V.E,.."..CO'V.E.NANT,$ 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 five (5) years from the date of execution. WHEREAS, the Owner is the fee. simple titleholde~ 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 polieies 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 . .1, 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. as specified in the Secretary of the Interior' s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings . Nothing in this Covenant shall prohibit the Owner and the Grantee 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 and 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 agreement 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 agreement will prohibit the Owner and the Grantee 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 Department during the term of the agreement. IN WITNESS WHEREOF, the Department, the Owner, and the Grantee have read this Indenture and hereto have affixed their signatures. WITNESSES: DEPARTMENT OF STATE GEORGE W. PERCY Director, Division of Historical Resources (SEAL) t10NROE COUNTY Attest: Clerk MICHAEL PUTO Mayor, Monroe County KEY WEST ART AND HISTORICAL SOCIETY ~ ~~'vt Ik/~ 1~,~'L-- ~'c~4~ ~'~ NOTARY PUBLIC. STATE OF FLORIDA., G ~~:z ~ MY COMMISSION EXPIRES: OCT. 4. 1992. BONDED THRU NOTARY PUBlo'" UNDE:RWRITE~ 17 //~ / 7\7 t./~~/ ( . ~~~ BECKY EVER President MIIIOVEO AS TO ~ A1fl LEi:" >"/H1r.'''*C:K' IV,,.,