Item D1
Reyised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 28. 2000
, Division:
County Administrator
Bulk Itern: Yes
No-L
Department: County Adrninistrator
AGENDA ITEM WORDING:
Approval to pursue alternative funding for the purchase of property on Key Largo and to discontinue
preparation of a grant proposal to the Florida Communities Trust
ITEM BACKGROUND:
On August 23, 2000, staff was advised there is now $3 million of unanticipated land acquisition
revenue available to the Land Authority frorn the Florida Communities Trust. This revenue requires no
local rnatch or application process and represents the fourth and final year of an annual allocation of
Preservation 2000 funds. Rather than pursuing the $1 rnillion grant proposal approved by the BOCC
on August 17,2000, which requires a $1 million local match and a lengthy administrative process, staff
recommends requesting the Land Authority to reserve an equal amount ($2 rnillion) of the
unanticipated revenue for the purchase of land in Key Largo as described in the grant proposal. This
alternative approach would allow for the purchase of the same property while leaving the $1 rnillion
local rnatch available for other projects.
PREVIOUS REVELANT BOCC ACTION:
On August 17, 2000, the Board approved the submission of a grant proposal to the Florida
Comrnunities Trust for the purchase of land on Key Largo.
ST AFF RECOMMENDATIONS:
Approval.
TOTAL COST: To be determined.
BUDGETED: Yes
No
COST TO COUNTY: To be determined (land rnanagernent)
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _
OMB/Purchasing _Risk Managernent _
J~~
James L. Roberts
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included .1L
To Follow
Not Required
DISPOSITION:
AGENDA ITEM #~
H.C. LAND AUTHORITY
ID:305-295-5181
AUG 24'00
15:53 No.006 P.02
8124100 Draft
MONROE COUNTY LAND AUTHORllYNllLAGE OF ISLAMORADA
LEASE AGREEMENT
MM 83 MEDIAN SITE
THIS lEASE AGREEMENT. made and entered into this _ day of , 20_, by and
between the Monroe County Comprehensive Plen Land Authority. a land authority established pursuant to
section 380.0661, Florida Statutes. hereinafter referred to as "lessor: and Islamorada, Village of Islands.
Florida. a municipal corporation of the State of Florida. hereinafter referred to as "Lessee."
WHEREAS, lessee incorporated on December 31, 1997 and is located within the Florida Keys Area of
Criticel State Concem; and
WHEREAS, as a result of said incorporation, municipal services within the Lessee's jurisdiction such 8S
the maintenance of parks and natural areas are no longer being proviQed by Monroe County; and
WHEREAS, on January _, 2000 the Lessee nominated the properties identified in Attachment A
(hereinafter .subjeCt property.) for acquisition by the lessor for the purpose of providing land for
conservation and publiC recreation; and
WHEREAS, the properties in Attachment A are subject to Monroe County Ordinance #16-1993, a locally
adopted ordinance establishing rate of growth controls; and
WHEREAS, in accordance with the Lessee's nomination, the Lessor has entered into a contract to
purchase the subject property; and
WHEREAS, the Lessor's purchase contract is contingent upon the lessee leasing the subject property
from the Lessor at closing:
NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter provided. the
Monroe County Comprehensive Plan Land Authority hereby grants to Islamorada, Village of Islands a
lease with respect to the subject property.
1. Entire Agreement It Is hereby understood and agreed that this document states the entire agreement
and that the parties are not bound by any stipulations, representations, agreements, or promises. oral
or otherwise, not pnnted in this Agreement.
2. Amendment.!i. This Agreement may be modified only by written. mutual agreement of the parties.
3. be..ased Premises The leased premises governed by this Agreement are identified in Attachment A
4, Effective Date The effective date of this Agreement is the date the last one of the parties has
executed this Agreement.
5. Term and Fee of LeeBe The term of the grant of this Lease shall run for a period of thirty (30) years
unless terminat8d. 8S hereinafter provided and shall be renewable for like terms thereafter on the
same terms and considerations 88 provided herein unless either party gives to the other not less than
one year written notice prior to the expiration of this Agreement, that such party does not desire to
renew same, or desires to change the terms and considerations of the current or then existing
Agreement The Village shall pay the land Authority one dollar ($1) per year for use of the leased
premises.
Page 1 of 4
M.C. LAND AUTHORITY
ID:305-295-5181
AUG 24'00
15:53 No.006 P.03
8/24/00 Draft
6. Use of Leased Premises Use of the subject property shall be limited to conservation and public
recreation. Due to the restrictions on property purchased with Preservation 2000 funds, the following
activities are-prohibited:., _. .. '.. . _ . ..
a) use of the property forany purpose other than conservation or public recreation;
b) lease or conveyance of any property interest to any party other then the State of Florida:
c) any revenue-generating activity;
d) use of the property by any person other than in such person's capacity 8S a member of the
general public;
e) a management contract with any party other than the State of Florida; or
f) use of property as security for any debt.
7. Steward~tlip Activities The Village shall be responsible for protecting the environmental resources on
the subject property, including but not limited to conducting the following activities:
a) monitoring the premises to identify any illegal activities, activities In violation of this lease, or other
problems;
b) removing and disposing of any trash and debris;
c) eradicating and removing invasive exotic vegetation and, where appropriate, replanting the
property with native vegetation; and
d) maintaining any improvements in a ata.e of good condition, working order, and repair.
8. Alterations Alterations, development. additions, and improvements to the subject property. including
the removal of native vegetation, are prohibited without the express written consent of the Land
Authority and must be consistent with the uses allowed by this Agreement Where such activities are
consistent with the allowed uses, the Lessor's consent shall not be unreasonably withheld
9, ArchaeOIOQical and Historic Site.& The collection of artifacts or the disturbance of archaeological and
histOriC sites on the leased premises is prohibited;
10. Unauthorized Use lessee shall, through its agents and employees, prevent the unauthorized use of
the leased premises or any use thereof not in conformance with this lease,
11 Subleases This agreement is for the purposes specified herein and subleases of any nature are
prohibited.
12. Right of Inspecticm Lessor or its duly authorized agents, representatives or employees shall have the
right at any and all times to Inspect the leased premises and the works and operations of lessee in
any matter pertaining to this lease.
13 Insl!~~nceR~quirements lessee shall name Lessor as additional insured on lessee's general liability
policy with regard to the leased premises and their use. Lessee shall provide written evidence of
having procured all insurance pOlicies required herein prior to the effective date of this lease and shall
submit annually thereafter, written evidence to Lessor of maintaining such insurance policies.
14. Ne9!!9~n9~ and Indemnification The partios to this Agreement stipulate that each is a state
governmental agency as defined by Florida Statutes and represents to the other that it has purchased
suitable Public liability, Vehicle Liability, and Worker's Compensation insurance, or is self-insured. in
amounts adequate to respond to any and all claims within the limitations of Florida Statute 768.28 and
440 arising out of the activities governed by this agreement Each party shall be responsible for any
acts of negligence on the part of its employees. agents, contractors. and subcontractors and shall
defend, indemnify and hold the other party harmless from all claims arising out of such action.
15. Payment 0' Taxes and Assessments lessee shall assume full responsibility for and shall pay all
liabilities that accrue to the leased premises or to the improvements thereon, including any and all ad
Page 2 of 4
M.C. LAND AUTHORITY
ID:305-295-5181
AUG 24'00
15:54 No.006 P.04
8/24/00 Draft
valorem taxes, drainage and special assessments, taxes. mechanic's liens. or materialman's liens
which may be hereafter lawfully assessed and levied against the leased premises
16. No Waiver of Breach The failure of lessor to insist in anyone or more Instances upon strict
performance of any one or more of the covenants, terms and conditions of this leese shall not be
construed as a waiver of luch covenants, terms or conditions, but the seme shall continue in full force
and effect, and no waiver of lessOT of any of the provisions hereof shall in any event be deemed to
have been made unless the waiver is set forth in writing, signed by lessor.
17. Non Discrimination Lessee shall not discriminate against any individual because of that individual's
race. color, religion, sex, national origin, age, handicap, or martial status with respect to any activity
occurring withIn the leased premises or upon land adjacent to and used as an adjunct of the leased
premises
18. Utility Fees Lessee shall be responsible for the payment of all' charges for the furnishing of gas,
electricity, water, and other public utilities to the leased premises and for having all utilities turned off
when the leased premises are surrendered.
19, Condition .of Premises Lessor assumes no liability or obligation to Lessee WIth reference to the
condition of the leased premises. The leased premiaes herein are leased by Lessor to Lessee in an
"as is" condition, with lessor assuming no responsibility for the care, repair, maintenance or
improvement of the leased premises for the benefit of lessee.
20. Permits lessee agrees that this lease Is contingent upon and subject to Lessee obtaining ell
appiicable permits and complying with all applicable permits, regulations, ordinances. rules, and laws
of the State of Florida or the United States or any political subdivision of agency of either.
21. Notic~ All notices hereunder must be in writing and shall be deemed validly gIven if sent by certified
mail, return receipt requested, hand delivered. or overnight delivery addressed as follows (or any
other address that the party to be notified may be designated to the sender by the like notice):
The Land Authority:
Mr. Mark J. Rosch, Executive Director
Monroe County land Authority
1200 Truman Avenue. Suite 207
Key West. FL 33040
The Village:
Mr. Charles Baldwin, Village Manager
Islamorada, Village of Islands
PO Box 568
Islamorada, FL 33036
22, Breach of Coven~n.ts, Terms or Con~itionl! Should Lessee breach any of the covenants, terms or
conditions of this lease, lessor shall give written notice to lessee to remedy such breach within sildy
days of such notice, In the event lessee fails to remedy the breach to the satisfaction of lessor
within sixty days of receipt of written notice, lessor may either terminate this lease and recover from
Lessee all damages lessor may Incur by reason of the breech, including, but not limited to, the cost of
recovering the leased premises and attorney's fees or maintain this leese in full force and effect and
exercise all rights and remedies herein conferred upon Lessor.
23. Hazar~~us Materials Lessee shall not generate, store, prOduce, place, treat, release or discharge
any contaminants, pollutants. or pollution, including, but not limited to, hazardous or toxic substances,
chemicals or other agents on, into, or trom the leased premises or any adjacent lands or waters in any
manner not permitted by law. In the event the lessee fads to comply with the above, Lessee shell, at
its sole cost and expense, conduct all activities necessary to bring the leased premises and effected
Page 3 of 4
H.C. LAND AUTHORITY
ID:305-295-5181
AUG 24'00
15:55 No.006 P.05
-~.,.~ -cc__ ~~,<~~=.~~.~==_.~_~~_~.....;~~==<.=.~~~~~~.."~.~.. ~-<o,,'_ ,. .." '-~"..',-,~,_._~_".", ,~,,8124100 Draft~ "",.,. .". __.... .
off-site waters and lands Into full compliance with all applicable federal, state or local statutes, laws,
ordinances, codes, rules, regulations, orders, and decrees and to restore the damaged property to the
conditlo.n existing immechatety prior to the occurrence with caused the damage. Lessee's obligations
as set forth in this paragraph shall survive the termination or expiration of this lease. Upon discovery
Of a release of a hazardous substance or pollutant. Lessee shall report such violation to all applicable
governmental agencies having jurisdiction, and to Lessor, all within the reporting periods of the
applicable governmental agencies.
24. Prohlbltlo~~ Against liens Fee title to the leased premises is held by Lessor, lessee shall do or
permit anything to be done which purports to create a lien or encumbrance of any nature against the
real property contained in the leased premises. including, but not limited to, mortgages or construction
liens against the leased premises or against any interest of Lessor therein.
25, Surrender of Premises Upon termination or expiration of this lease, lessee shall surrender the
leased premises" to "Lessor and all improvements, including structures and modifications of the leased
premises, shall become the property of the lessor, unless lessor gives written notice to Lessee to
remove such improvements, In which case said removal shall be at Lessee's expense. The decision
to retain any improvements shall be at the Lessor's sole discretion.
26. Partial Invalidity If any term, covenant, condition, or provision of this lease shall be ruled by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force
and effect end shall in no way be affected, impaired, or invalidated.
The MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY. acting by and through its
CHAIRMAN, has executed this agreement on behalf of the MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY this day of , 2000.
ATTEST:
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY
(Seal)
By:
Mark J. Rosch, Executive Director
Nora Williams. Chairman
Approved for Legal Sufficiency
Larry R. Erskine
The ISLAMORADA. VILLAGE OF ISLANDS. acting by and through its MAYOR, has executed this
agreement on behalf of ISlAMORADA. VillAGE OF ISLANDS this day of
,2000.
ATTEST:
ISLAMORADA. VilLAGE OF ISLANDS
(Seal)
By
Village Clerk
James Mooney, Mayor
Approved for Legal Sufficiency
Page 4 of 4
M.C. LAND AUTHORITY
ID:305-295-5181
AUG 24'00
ATTACHMENT A
MM 83 Median Site, Upper Matecumbe Key
Block 1, Lots 16. 17, and 18. Ocean View subdivision (Pial Book 1-193).
RE #403660-000000
RE #403670-000000
RE #403680-000000
15:55 No.OOS P.OS
Lots 1, 2. 3, 4, and 5, Islamorada Business Sites (Plat Book 5-36) and adjoining parcel with 100 feet of
frontage on US Highway 1.
RE 403900-000000
RE 403910-000000
RE 403920-000000
RE 403930-000000
RE 403940-000000
RE 094700-000000
AGENDA ITEM SUMMARY
Meeting Date: Auaust 17. 2000
Bulk Item: Yes No .lL
Department: County Administrator
Agenda Item Wording: Approval to submit a grant proposal to the Florida Communities
Trust for the purchase of property on Key Largo.
Item Background: The SOCC has discussed the concern that a secondary impact of
the Key Largo wastewater treatment facility could be increased growth pressures. As a
means of addressing this concern, the SOCC initially discussed dedicating County
infrastructure sales tax revenue toward the purchase and management of vacant land on
Key Largo. More recently (on 6/28/00), the Commission discussed using the sales tax
revenue to subsidize the cost of wastewater treatment and requested the Land Authority
to assist with the land acquisition initiative.
The Florida Communities Trust (FCT) is now accepting proposals for recreation and
conservation land acquisition projects located in Areas of Critical State Concern, which
would include Key Largo. The FCT application deadline is September 9, 2000 and there
will be at least $2.9 million available. FCT grants cover 50% of land acquisition costs.
Under the draft proposal, the Land Authority would provide a 50% local match of $1
million toward acquisition costs, while the County would pay for the land management
costs out of general fund and infrastructure sales tax revenue. The specific acquisition
sites would be identified in coordination with the Land Authority and the Planning
Department's Livable CommuniKeys program for Key Largo. An outline of the proposal
will be presented at the August 17 Commission meeting.
Previous Governing Board Action: On 12/9/99, the SOCC directed staff to work with
the Land Authority in preparing an application for FCT funds.
Staff Recommendation:
Total Cost: $ 2.000.000 plus land manaaement Budgeted: Yes
No~.
Cost to County: $ to be determined (land manaaementl
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty
OMS/Purchasing _Risk Management _
DIVISION DIRECTOR APPROVAL:
~-=-~
James L. Roberts
DOCUMENTATION: Included
To Follow )(
Not Required
DISPOSITION:
r) ..., -
AGENDA ITEM~:'" - ~j:
FCT Program:
Grant Purpose:
Funds Available:
Eligible Applicants:
Application Deadline:
Applications Selected:
Acquisitions Begin:
Grant Expires:
Progress Reports:
Stewardship Reports:
Management Plans:
Outline of Proposal
Purpose:
Amount of Grant:
Local Match Required:
Combined Funds:
Use of Property:
Acquisition Procedures:
Acquisition Staffing:
Stewardship Staffing:
Stewardship Funding:
KEY LARGO COMMUNI KEYS GRANT PROPOSAL
TO FLORIDA COMMUNITIES TRUST (FCT)
Area. of Critical State Concern
To acquire land for recreation or conservation
(Administration, stewardship, and development activities not eligible)
$ 5,429,191 total
$ (2,500,000) for the City of Apalachicola per HB 2403, Section 23
$ 2,929,191 balance available
ACSC counties plus the City of Apalachicola
(The Land Authority and Keys cities are not eligible. See note below*)
September 9, 2000
October 5,2000
January 20, 2001
October 5,2002
Required and due quarterly
Required and due annually
Required - conceptual plan due with proposal
Site specific plans due within 1 year of property acquisition
Pursuant to the policies in the Conservation and Coastal Management
Element and the Five Year Work Program in the Monroe County Year
2010 Comprehensive Plan, Monroe County recently approved a regional
wastewater treatment system for Key Largo to improve nearshore water
quality . To ensure this infrastructure does not cause the secondary
impact of increasing land development in conflict with the growth controls
and other policies of the Comprehensive Plan, the grant will be used to
acquire fee simple and less than fee simple title to lands on Key Largo.
Monroe County's Livable CommuniKeys Program will prepare a
community master plan for Key Largo by July 2002 which will identify the
specific properties to be acquired and will consider lands with the
following characteristics: native habitats; critical habitats for endangered
or threatened species or species of concern; unique geologic features;
features of historic or archaeological significance; conservation and
green/open space potential, passive recreation potential, and private
development rights that need to be retired.
$1 million
$1 million (from the Land Authority)
$2 million
Conservation, open space, resource based parks, or activity based parks
Land Authority
Land Authority
Growth Management and Public Works
General Fund and Infrastructure Sales Tax
*Note: This means the grant contract and title to any properties acquired must be in the County's name,
the local match must be held in the County's account, and closing disbursements must come from the
Clerk's Office.
~- C3
:2- {;:J
Task
Write and submit the proposal
Select land to be purchased
Appraise, negotiate, close purchases
Write and submit quarterly progress reports
on acquisition
Write and submit a site specific management plan
for each property acquired within 1 year of purchase
Implement the management plans
Write and submit annual stewardship reports
regarding progress on implementing the management
plans
Entity
Land Authority - lead
tGrowthMgt &"PublicWorks ---'review
Growth Management and Land Authority
Land Authority
Land Authority
Growth Management and Public Works
Public Works
Growth Management and Public Works
AUG-26-00 06:01 PM
3052939779
P.02
On August 28, 2000 the BOCC will hold a special meeting ~t thl!l Harvey Government
Center in Key West at 10:00 AM.
Item D-1 on the agenda is "Approval to pursue alternative funding for the purchase of
property on Key Largo and to discontinue preparation of a grant proposal to the Florida
Communities Trust"
The reason this item is on the agenda for this special meeting is because the deadline
for the grant proposal is September 1, 2000 and we did not want staff spending time
preparing a proposal that is no loriger necessary. The reason this item addresses
alternative funding is because-:we ,did not want to eliminate grant funding without
addressing how the funding void.:would be filled.
,.... ..
I understand your concerns abol!! ite.m,D-1::to be the following:
1) You are concerned about the environmental sensitivity of the wastewater treatment
plant site (MM 100.5 on Key Largo).
2) You are aware that if the site is purchased with FEMA funding a federal
environmental review process is required.
3) You are concerned that if the site is purchased with funding from a source other than
FEMA, such as Preservation 2000 funding from the Florida Communities Trust, the
federal environmental review process will no longer be required.
4) For the above reasons, you object to the first part of the agenda item: "Approval to
pursue alternative funding for the purchase of property on Key Largo."
5) For the above reasons, you support the second part of the agenda item aTo
discontinue preparation of a grant proposal to the Florida Communities Trust."
It is the County's understanding that a federal environmental review is required if FEMA
money is used toward any aspect of the wastewater project, regardless of the funding
source used to purchase the site. However, given that this is a special meeting in Key
West and we do not have sufficient time to adequatoly address your concorns prior to
the meeting, I will support limiting the Board's action at this meeting to directing staff to
discontinue preparation of the grant proposal to the Florida Communities Trust. In light
of your concerns, it is not necessary for the Board to address alternative funding
sources at this special meeting.
s~ ct:<~~
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