Grant of Easements 05/16/2007DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: May 22, 2007
TO: Suzanne A. Hutton
County Attorney
ATTN.• Kathy Peters
Executive Assistant
FROM: Pamela G. Han ock
Deputy Clerk
At the May 16, 2007, Board of County Commissioner's meeting the Board granted
approval and ratification of execution by the Mayor of a revised Grant of Easement to be attached
to and made a part of the Agreement for Sale and Purchase approved on 04/18/07 between
Monroe County and Islander Village, LLC, adding language to ensure restoration and repair of
the Easement property due to repair or replacement of sewer and/or utility lines.
Enclosed are six duplicate originals of the above -mentioned, executed on behalf of
Monroe County, for your handling. Please be sure to return the 'Monroe County Clerk's Office
Original" and the 'Monroe County Finance Department's Original" as soon as possible. Should
you have any questions please do not hesitate to contact this office.
cc: Finance w/o document
File ✓
Prepared by and Return to:
Spottswood, Spottswood & Spottswood
500 Fleming Street
Key West, Florida 33040
GRANT OF EASEMENT
THIS GRANT OF EASEMENT is entered into this 1J I- day of
2007 (herein "Agreement") by and between MONROE
COUN , apolitical subdivision of the State of Florida, its successors and assigns, whose
address is 1100 Simonton Street, Key West, Florida 33040, (herein "Monroe County") and
ISLANDER VILLAGE, LLC, a Florida limited liability company, its successors and assigns,
whose address is 201 Front Street, Suite lam, Key West, Florida 33040 (herein "Islander
Village"), Monroe County and Islander Village shall be collectively referred to herein as
"Grantor", and DRIVE-IN, LTD., a Florida limited partnership, its successors and assigns,
whose address is 201 Front Street, Suite 107 Key West, Florida 33040 (herein "Drive In" or
"Grantee").
RECITALS
WHEREAS Monroe County, simultaneously with the execution of this Agreement, has
purchased property from Drive -In and is now the owner of said real property located in Monroe
County, Florida, which property is described on Exhibit "A" attached hereto and made a part
hereof (herein "Affordable Property"); and
WHEREAS Drive -In remains the owner of certain real property located in Monroe County,
Florida, which property is described on Exhibit "B" attached hereto and made a part hereof
(herein "Market Rate Property"), which will be developed into twenty-two (22) market rates
units and subsequently sold to individual unit owners; and
WHEREAS, simultaneously with the execution of this Agreement, Islander Village and Monroe
County entered into a ninety-nine (99) year ground lease (hereinafter "Lease") pursuant to which
Islander Village has leased the Affordable Property from Monroe County for the development
and subsequent sale of eighty-nine (89) affordable units to individual unit owners; and,
WHEREAS, the parties are desirous of entering into this Agreement to provide Drive -In with a
non-exclusive perpetual easement over a portion of the Affordable Property for among other
things, the construction and maintenance of a roadway, over and across the property more
particularly described in the attached Exhibit "C" (hereinafter "Easement Property"), together
with a perpetual easement for ingress, egress and passage (both pedestrian and vehicular) over
said Easement Property and the roadway constructed thereon in order to facilitate access to the
Market Rate Property; and,
WHEREAS the parties are also desirous of entering into this Agreement to provide Drive -In
with a perpetual non-exclusive easement for access to and use of the sewer lift station located
within the Easement Property; and,
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WHEREAS, the parties are also desirous of entering into this Agreement to provide Drive -In
with a perpetual non-exclusive easement in, over, across and under the Easement Property for the
installation, repair, maintenance and use of underground utilities; and,
WHEREAS, the parties have agreed, under the terms and conditions set forth herein, to grant to
Drive -In the right to use the Easement Property for the purposes set forth herein.
NOW THEREFORE, in consideration of the mutual covenants and obligations contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. The above Recitals are true and correct and are hereby incorporated herein by reference.
2. Each Parry hereto warrants that this grant of easement, and all terms and conditions
contained herein, are supported by adequate consideration.
3. Grantor hereby grants, conveys, declares and creates for the benefit of Drive -In, its
successors and assigns, a perpetual, non-exclusive easement, in, upon, over and across the
Easement Property, more particularly shown on the attached Exhibit "C" in order to facilitate
access (both vehicular and pedestrian) to and from the Market Rate Property (including access to
construct the twenty-two (22) market rate units). All persons having the right to enter upon the
Market Rate Property shall have the right to utilize the Easement Property for ingress and egress
purposes (both vehicular and pedestrian), including but not limited to Drive-In's guests,
contractors, agents and invitees and the guests, contractors, agents and invitees of the Drive-In's
successors and assigns (the individual unit owners of the units located on the Market Rate
Property).
4. Drive -In, at Drive-In's sole cost and expense, shall be responsible for the repair and
maintenance of the roadway and landscaping within the Easement Property; provided, however,
that the access to and from the Affordable Property shall not be unreasonably impaired or
otherwise impeded in any manner. Drive -In agrees to provide Islander Village with reasonable
notice prior to commencing any repair or maintenance that may interfere or impair the access to
the Affordable Property.
5. Grantor and Grantee shall not construct or place any structures on or make changes,
alterations or improvements to the Easement Property or do anything inconsistent with the use of
the Easement Property by the parties hereto without the prior written consent of the other parties.
6. Grantee agrees to secure and pay the premium for liability insurance with respect to the
maintenance, repair and use of the Easement Property in an amount of not less than
$1,000,000.00 from an insurer of recognized financial responsibility qualified to do business in
Florida which is reasonably acceptable to Grantor. Grantor shall be named as an additional
insured. The foregoing amount of insurance must be increased by Grantee as may from time to
time be reasonably required by the Grantor. In the event Grantee believes the Grantor's
requirement for such additional insurance is unreasonable, the reasonableness of Grantor's
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demand for an increase in the amount of insurance hereunder shall be determined in accordance
with the rules of the American Arbitration Association. Such determination made in arbitration
shall be binding on the parties and such insurance shall be carried with the limits as thus
determined until such limits shall again be changed pursuant to the provisions of this Paragraph.
7. Grantor hereby grants, conveys, declares and creates for the benefit of Drive -In, its
successors and assigns, a perpetual, non-exclusive easement, in, upon, over, under and across the
Easement Property, more particularly shown on the attached Exhibit "C" in order to allow Drive -
In, and its successors and assigns, access to and use of the sewage lift station located within the
Easement Property. Drive -In shall be responsible for sixty-seven percent (67%) and Islander
Village shall be responsible for thirty-three (33%) of the repair, maintenance and replacement (if
necessary) of the sewer lift station located within the Easement Property. Drive -In, at Drive -
In s sole cost and expense, shall maintain their sewer pipes which benefit the Market Rate
Property in good repair and shall have the right of ingress and egress to install, maintain, repair
and, if necessary, replace, their sewer lines which are located within the Easement Property. The
foregoing right shall include the right to dig up those portions of the Easement Property as
necessary to repair or replace Drive-In's sewer lines; and, in such an event, Drive -In shall
provide Islander Village with reasonable notice. Further, following the repair or replacement,
Drive -In expressly agrees herein to restore the Easement Property to its original condition.
Islander Village shall in no way interfere with Drive-In's use of said sewer lines. Drive -In and
Islander Village hereby agree that the decisions related to the repair and maintenance of sewage
lift station shall be governed by a Master Association, to be formed to govern the Affordable
Property and the Market Rate Property.
8. Grantor hereby grants, conveys, declares and creates for the benefit of Drive -In, its
successors and assigns, a perpetual, non-exclusive easement, in, upon, under and across the
Easement Property for installation, maintenance and repair of underground utilities to service
and benefit the Market Rate Property, including but not limited to water and underground
electric lines. Drive -In, at Drive-In's sole cost and expense, shall maintain the utilities which
benefit the Market Rate Property and are located within the Easement Property in good repair
and shall have the right of ingress and egress to maintain, repair and, if necessary, replace, said
utility lines. The foregoing right shall include the right to dig up those portions of the Easement
Property as necessary to repair or replace Drive-In's utility lines; and, in such an event, Drive -In
shall provide Islander Village with reasonable notice. Further, following the repair or
replacement, Drive -In expressly agrees herein to restore the Easement Property to its original
condition. Islander Village shall in no way interfere with Drive-In's use of said utility lines.
9. Drive -In shall indemnify, protect, defend and hold Monroe County and Islander Village
harmless from any and all liability, loss, damage, cost or expense (including but not limited to
attorneys' fees and court costs at the trial level and during appellate proceedings) which Monroe
County or Islander Village should incur as a result of or in connection with Drive -In, or Drive-
In's agents', contractors', successors' and assigns', use, repair and maintenance of the Easement
Property.
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10. Islander Village shall indemnify, protect, defend and hold Monroe County and Drive -In
harmless from any and all liability, loss, damage, cost or expense (including but not limited to
attorneys' fees and court costs at the trial level and during appellate proceedings) which Monroe
County or Drive -In should incur as a result of or in connection with Islander Village's, or
Islander Village's agents', contractors', successors' and assigns', use of the Easement Property,
unless caused by Drive-In's failure to maintain or repair the roadway located within the
Easement Property.
11. Drive -In hereby acknowledges that Islander Village, its successors, assigns, invitees, and
contractors retain the right to use the Easement Property for access to the Affordable Property.
Additionally, Islander Village, its successors and assigns retain the right to use the sewage lift
station, as well as sewer lines servicing the Affordable Property. Notwithstanding anything
contained herein to the contrary, Islander Village's rights to use the Easement Property are
subject to the terns and conditions set forth in the Lease. Monroe County hereby acknowledges
that the grant of the easements set forth herein for the benefit of Drive -In shall survive
termination of the Lease with Islander Village. Therefore, the terms of this Agreement shall run
with and be appurtenant to the Market Rate Property. Therefore, this easement shall run with
the land forever and be binding upon and inure to the benefit of and be enforceable by the parties
hereto, their heirs, legal representatives, successors and assigns, including but not limited to the
homeowners' associations of the owners of the developments located on the Market Rate
Property and Affordable Property.
12. When a transfer of the entire ownership interest in the Affordable Property and Market
Rate Property takes place, the transferor shall be released from any and all further liability
arising hereunder after such transfer occurs; therefore, the liability under this Agreement arising
after said transfer shall automatically terminate as to the transferor and shall be automatically
assumed by and become the obligation of the transferee.
13 This Agreement may not be terminated or amended, modified, altered, or changed
in any respect whatsoever, except by a further agreement in writing duly executed by the parties
(or their successors or assigns) and recorded in Public Records of Monroe County, Florida. No
breach of the provisions of this Agreement shall entitle any party to cancel, rescind or otherwise
terminate this Agreement, but such limitation shall not affect, in any manner, any other rights or
remedies which any party may have by reason of any breach of the provisions of this Agreement.
14. This Agreement may be executed in counterparts, each of which shall constitute an
original, but all taken together shall constitute one and the same Agreement.
15. Nothing contained in this Access Agreement shall create or shall be deemed to create any
easements or use rights in the general public or constitute a public dedication for any public use
whatsoever.
16. In the event of any controversy, claim, or dispute relating to this instrument or the breach
of it, the prevailing party shall be entitled to recover reasonable expenses, attorneys' fees, and
costs.
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17. If any provision of this Agreement, or the application thereof to any person or circumstance
shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the
application of such provision to persons or circumstances other than those as to which it is
invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement
shall be severable and valid and enforceable to the fullest extent permitted by law.
18. All notices, consents, approvals or other communications hereunder shall be in writing and
shall be deemed properly given if sent by United States certified mail, return receipt requested,
addressed to the appropriate party or successor -in -interest.
19. This Agreement shall be construed in accordance with the laws of the State of Florida.
All parties acknowledge and agree that in the event of any dispute arising under this Agreement,
the sole jurisdiction for such dispute shall be in Monroe County, Florida.
20. For the purposes of interpreting any ambiguity arising under this Agreement, no party
shall be considered the "drafter" of same.
21. Each party to this Agreement agrees to waive a jury trial on any dispute arising under this
Agreement and each party agrees to have any dispute heard by the court without a jury.
22. The undersigned hereby represent and warrant that all action, approvals and consents
necessary for the execution of this Agreement have been taken or obtained, and the persons
executing this Agreement are authorized and directed to execute this Agreement on behalf of
Drive -In, Ltd., Islander Village, LLC and Monroe County.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
(SIGNATURE PAGES TO FOLLOW)
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SIGNATURE PAGE 1 OF 2
IN WITNESS WHEREOF, the parties have executed this Agreement this �31 day of
� bAl — 12007.
DRIVE-IN, LTD., a Florida limited partnership
By: /
Printe ame: E vin O-
ITS: el
STATE OF FLORIDA
COUNTY OF MONROE
1WIOn n (,this of 2007 before me personally appeared
c_!J c>�, as e neo a r Q ✓' of Drive -In, Ltd. who is personally
known to me, and who acknowledged execution of the for • strumem.
print Name:.�. S. Monsalvatge %
My Commission �p��eg-; i tgission # D0611406 No b is
�`/�;y�r . Expires November 23 2010
i 014 ...61,'Fwn mwonaa, me e0oN60c
ISLANDER VILLAGE, LLC
STATE OF FLORIDA
COUNTY OF MONROE
On this 0 3 Y��rd-ay of
(A)llV '� lip I iE_
personally known to me, and w}Lp
My Commission E?-%
ssan # DD611406
I= Expires November 23, 2010
snnWT"y F" i�.- 800"B "
before me personally appeared
Islander Village, LLC, who is
ry Public
Name:
6
SIGNATURE PAGE 2 OF 2
BOARD
OF M(
MAY 1 6 2007
COUNTY
Mayor
MONROE COUNTY ATTORNEY
AOAS T FORM:
SUSAN M. p ,LEY \
ASSISTANT COUNTY ATTORNEY
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EXHIBIT "A" TO GRANT OF EASEMENT
BETWEEN MONROE COUNTY, FLORIDA,
ISLANDER VILLAGE, LLC AND DRIVE-IN, LTD.
"Affordable Property"
LEGAL DESCRIPTION
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EXHIBIT "B" TO GRANT OF EASEMENT
BETWEEN MONROE COUNTY, FLORIDA,
ISLANDER VILLAGE, LLC AND DRIVE-IN, LTD.
"Market Rate Property"
LEGAL DESCRIPTION
Lots 1 ffiru 6, ifchtsim and the West one-half of Lot 7, Block 59. MAiJONEY SUBDIVISION
of Stock Island, Monroe County, Florida, as recorded in Plat Book 1 at Page 55 of the Public
Records of Monte County, Florida.
A pared of bay bottom land in the Straits of Florida being described by metes and bounds as
follows: Commence at the intersection of the South line of Fifth St. and the West line of Cross
SL s ord mg to said MAWISW SUBDWBION and ran thence West along the South line of
said Fifth St. and the South line of Fifth Si. extended, a distance of 1150 ft. to the Point of
Beginning; thpwe eoa>time West for a distance of 350 IL to the East edge of Cow Key Channel;
thence run S 060 00' W along the Bad edge of the said Cow Key Channel a distance of 700 ft.
move or less; t ume, no S 40° 00' E along the Pja edge of the odd Cow Key Channel a distance
of 312.08 & more or Iess. to the North boundary of the parcel of land described in Official
Record Book 386 at Page 150 of the Public Records of Monroe County, Florida; thence run East
along the North boundary of the said parcel of land a distance of 918.58 ft. to the intaseclion of
the centerline of Lot 7, Block 59 of the said MALONEY SUBDWISION extended 50uftd3r.
thence ruin North along the centerline of the said Lot 7 eattanded, a distance of 650 S. more or
less, to the South boundary of the said Block 59; thence Southeastedy and Northeasterly
meardming the South and West boundary of the said Block 59, a distance of 1400 R back to the
Point of Beginning
LESS AND EXCEPT:
A pw=l of land on Stock Island, being a part of Block 59, MALONEY SUBDIVISION,
according to the Plat thereof, as recorded in Plat Book 1, at Page 55, of the Public Re girds of
Monroe County, Florids, and adjscent submerged lands, said parcel being more particularly
described by metes and bounds as follows:
CamQmaxtimg at the W'1y Right -of -Way Liana of Cross Street and the Fly Bight -of -Way Lae of
Fifth Ave = and run thence West along the S'ly R%M-of-Way Lim of the said Fifth Avmww far
a distance of 450.00 feet to the Point of Beginning; thence eomimue West and aloft die S'ly
Right -of --Way Line of the said Fifth Avenue for a distance of 691.45 feet; thence run South for a
distance of 79.47 feet; thence run S 3°00'00r' W fur a distance of 88.04 feet to a curve, concave
to the Northeast and having for its elnnmurts a radius of 157.0 feet, and a delta of 43000'; thence
nm SE'ly along the we of said curve for a distance of 117.83 feet to the end of said curve; thence
rum S 40*W'00" E for a distance of 193.23 foot to is curve, concave to time North and having for
its ekmerds a radius of 92.0 feet and a dehia of 95°00'; thence run SB'ly and NE'ly along the arc
of said curve for a distance of 152.54 feet to the end of said curve; tha= run N 45000100" E for
a distance of 406.95 fed' to a curve, concave to the Nm west and havi% for its elmm is a
radius of 87.0 feet, and a delta of 11°49'24"; theme rm NE'ly along dw arc of said curve for a
distance of 1795 feet; thence rum Past for a distance of 37.33 feat; thence run S 74058' 15" E for
a distance of 7232 feet to a poim that is due South of the Point of Bed thahce ran North
for a disboee of 139.88 feat back to the S'ly RiSW-of-Way Line of the said .Fifth Avenue and the
Point of Beginning. EXHIBIT
EXHIBIT "C" TO GRANT OF EASEMENT
h BETWEEN MONROE COUNTY, FLORIDA,
v ISLANDER VILLAGE, LLC AND DRIVE-IN, LTD.
"Easement Property"
I . PROPOSED EASEAMVT F'OR ROADWAY AND UTILITIES.
A parcel of land on Stock Island, being a part of
Z� Block 59, JIALONEY SUBDIVISION, according to the plat
dthereof, as recorded in Plat Book 1, at Page 55, of
the Public Records of Monroe County, Moride, and
adjacent submerged lands, said. parcel being more
particularly described by metes and bounds as
V follow:
Commencing at the W 1y Right -of -Way Line of Cross
Street and the S'ly Right -of -Way Line of Fifth Avenue,
and- run West along the S'1y Right -of -Way Line of
.said Fifth Avenue for a distance of 510.00 feet to the
Point of Beginning; thence continue West along the
Sly Right -of. -Way Line of the.. said. Fifth. Avenue for a
distance of 47.18 feet; thence run South and at right
angles for a distance ofi 121.13 feet; thence run East
and at right angles for a distance of 37.33 feet to a
point on a curve, concave to the Northwest and
having for its elements a radius of 12U.0 feet, a delta
of Z3.22'28. and a chord bearing of N 11.41 14" E,•
thence run NE'ly along are of said - curve-- for a
distance of 48.96 feet to the end of said curve;
thence run North for a distance of 73.52 feet back to
the S'ly Bight -of -Way Line of the said Fifth Avenue
and the Point of Beginning.
BOUM?ARY SURVEY FOR. Board of County Commissioner
Monroe.. County,. F7orida;.
Islander Village, LLC;
SunTrust Bank of Miami,
Chicago 7itte Insurance Compe
Spottswood, Spottswood and 5�
J 0 L INC.
- O'Flynn, PSM-- ----
da Reg. ,�6298
February 25, 2007
Prepared by and Return to:
Spottswood, Spottswood & Spottswood
500 Fleming Street
Key West, Florida 33040
GRANT OF EASEMENT
r
THIS GRANT OF EASEMENT is entered into this day of May, 2008
(herein "Agreement"), by and between MONROE COUNTY, a political subdivision of
the State of Florida, its successors and assigns, whose address is 1100 Simonton Street,
Key West, Florida 33040 (herein "Monroe County"), and ISLANDER VILLAGE,
LLC, a Florida limited liability company, its successors and assigns, whose address is
201 Front Street, Suite 224, Key West, Florida 33040 (herein "Islander Village"),
collectively referred to herein as "Grantor", and FLORIDA KEYS AQUEDUCT
AUTHORITY, a special District of the State of Florida (herein "FKAA"), whose
address is 1100 Kennedy Drive, Key West, Florida 33040 and referred to herein as
"Grantee."
RECITALS
WHEREAS Monroe County has purchased property from Drive -In Ltd. and is now the
owner of said real property located in Monroe County, Florida, which property is
described on Exhibit "A" attached hereto and made a part hereof (herein "Affordable
Property"); and,
WHEREAS, Islander Village and Monroe County entered into a ninety-nine (99) year
ground lease (hereinafter "Lease") recorded at Official Records Book 2301 at Page 365,
pursuant to which Islander Village has leased the Affordable Property from Monroe
County for the development and subsequent sale of eighty-nine (89) affordable units to
individual unit owners (herein the "Project"); and,
WHEREAS, the parties are desirous of entering into this Agreement to provide Grantee
with a non-exclusive perpetual easement over, in, under and across the Affordable
Property for public utility purposes, together with a reasonable right of ingress and egress
over said property; and,
WHEREAS, Islander Village has requested utility service from Grantee for public utility
purposes of the Project; and,
WHEREAS, the parties have agreed, under the terms and conditions set forth herein, to
grant to Grantee the right to use the Affordable Property for the purposes set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations
contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1
I, The above Recitals are true and correct and are hereby incorporated herein by
reference.
2. s grant of
Each
conta contained herein, are supported byladeq ate consideration. and all terms and
conditions
3. Islander Village and Monroe County hereby grant, convey, declare and create for
the benefit of FKAA, a perpetual, non-exclusive easement as reasonably necessary in,
upon, over and across the Affordable Property for the management, op
maintenance and construction of public utilities, together with the reasonable right of
ingress and egress over said property so as to afford FKAA reasonable use and enjoyment
of this easement for the purposes of providing utility service to the Project; provided,
however, any future installation will be subject to the approval of Islander Village.
Additionally, Islander Village and Monroe County grant to FKAA the right to construct,
reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve, remove and
inspect water distribution facilities and all appurtenances thereto within the Affordable
Property provide the foregoing rights do not unreasonably interfere with the rights of the
residential owners in regard to their units. Furthermore, Islander Village, its successors,
assigns or designees reserve the right at any time in the future, and from time to time, to
relocate any existing water distribution facilities and/or appurtenances thereto located
within the Affordable Property provided Islander Village shall bear the cost of any
relocation or modification of said facilities when the change is necessitated by Islander
Village.
q, FKAA shall indemnify, protect, defend and hold Grantor harmless from any and
all liability, loss, damage, cost or expense (including but not limited to attorneys' fees
and court costs at the trial level and during appellate proceedings) in which Grantor
should incur as a result of or in connection with FKAA's use of the Affordable Property.
5, FKAA hereby acknowledges that Islander Village, its invitees, and contractors
retain the right to use the Affordable Property. Monroe County hereby acknowledges
that the grant of the easements set forth herein which encumbers the Affordable Property
shall survive termination of the Lease with Islander Village. This easement shall run
with the Affordable Property forever and be binding upon and inure to the benefit of and
be enforceable by the parties hereto, their heirs, legal representatives, successors and
assigns, including but not limited to the homeowners' associations of the owners of the
developments located on the Affordable Property.
6. This Agreement may not be terminated or amended, modified, altered, or changed in
any respect whatsoever, except by a further agreement in writing duly executed by the
parties (or their successors or assigns) and recorded in Public Records of Monroe cancel,
Florida. No breach of the provisions of this Agreement shall entitle any party t
rescind or otherwise terminate this Agreement, but such limitation shall not affect, in any
manner, any other rights or remedies which any party may have by reason of any breach
of the provisions of this Agreement.
2
7. This nt may be executed in couerparts, each of which
original, but alllttakenetogether shall constitute one all constitute an
and the same Agreement.
8. Nothing contained in this Easement Agreement shall create or shall be deemed to
create any easements or use rights in the general public or constitute a public dedication
for any public use whatsoever.
9. In the event of any controversy, claim, or dispute relating to this instrument or the
breach of it, the prevailing party shall be entitled to recover reasonable expenses,
attorneys' fees, and costs.
10. If any provision of this Agreement, or the application thereof to any person or
circumstance shall to any extent be invalid or unenforceable, the remainder of this
Agreement, or the application of such provision to persons or circumstances other than
whichthose as to it is invalid or
p os
vision of th Agreementsunenforceable, shall
hall be severable and d and enforceable to the fullest
extent permitted by law.
11. All notices, consents, approvals or other communications hereunder shall be in
writing and shall be deemed properly given if sent by United States certified mail, return
receipt requested, addressed to the appropriate party or successor -in -interest.
12. This Agreement shall be construed in accordance with the laws of the State of
Florida. All parties acknowledge and agree that in the event of any dispute arising under
this Agreement, the sole jurisdiction for such dispute shall be in Monroe County, Florida.
13. For the purposes of interpreting any ambiguity arising under this Agreement, no
party shall be considered the "drafter" of same.
14. Each party to this Agreement agrees to waive a jury trial on any dispute arising
under this Agreement and each party agrees to have any dispute heard by the court
without a jury.
15. The undersigned hereby represent and warrant that all action, approvals and consents
necessary for the execution of this Agreement have been taken or obtained, and the
persons executing this Agreement are authorized and directed to execute this Agreement.
16. This easement shall temninate if at any time its use is discontinued for one (1) year.
IN WITNESS WHEREOF, the parties have executed this Agreement this,/ day of
May, 2008.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
3
Witnesses
Print Name:_ t
Print Name: Y I,Ertl-'
ISLANDER VILLAGE, LLC
By:: �G'
Edwin O. Swift III, Manager
STATE OF FLORIDA
COUNTY OF MONROE
� z''��tay of May, 2008. before me personally appeared Edwin O. Swift III, as
On this
Manager of Islander Village, LLC, who is personally known to me, and who acknowledged execution of the foregoing instrument, i t I41 L v �k fit
w?LW., iftAr'"'' HopocasaNotary Public
;s 08
(SEAL) �q•., �:.X>'Yee .iuly 21, 20 a,a
F1�• IIbMINI TIOv Faln InWRM�.IM. �o-�
Attest:
DAI KOLH E, Clerk
B
Deputy Clerk MAY 2 1 200E
Witnesses:
j� 2�
Print Name: G
1 � ,
Print Name: Two.
STATE OF FLORIDA
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTYYLORIDA
Mayors MAY 2 1 2008
FLORIDA KEYS AQU> DUB i
AUTHORITY, a spec i$k tact of the
State of F1000A
M.
,fPi l e I) C,{I__
COUNTY OF MONROE
On this of day of May, 2008. before me personally appeared
,fQ yh es e Q s , Executive Director of Florida Keys Aqueduct Authority,
a special District of the State of Florida, who is personally knownto me, and who
acknowledged execution of the foregoing instrument. G/,('7
Notary Public
(SEAL) MONHU. UNTI' A:fTORNEY
SPAW
pp�tlb APPPO„'Ci AS TO FORM:
�; Epp aag.ptMna to.2oW f •/ _ x eel,
SlON M. GRIMS EY
4 ASSISTANT COUNTY„OTTORNEY
Date G. -.d
EXHIBIT A
LEGAL DESCRIPTION
asrecordedlinnd on St Plat Book rding to the Plat thereof,
oc,I,sland being a Page 55, of theaPublirt of BRecords of Molock 59, nroe a CountyEY ,
said and ad acent submerged lands,
said parcel being more particularly described by metes and bounds as follows:
Commencing at the W'ly Right -of -Way Line of Cross Street and the S'ly Right -of --Way Line of Fifth Avenue and run
ie said Fifth Avenue for a distance of 450.00 feet thence west along healsoyb might he NW'lyLine
of of LINCOLN GARDENS NO. 2 SUBDIVISION,
Ia the corPoint to
Beginning, point
Plat Right -of -Way ok5, at Line aof the said Fifth IAvenic eue for a d cords of stance of 691.45 feet whence run South for a distance aof 79.47long efeet;
thence run S 3 degrees 00' 00" W for a distance of 88.04 feet to a curve, concave to the Northeast and having for its
hence run S
o{� le7 83 fre�ettto the end ofesaid eurveta of 43 dethence rurt�Se40 detgrces 00' OOEE for oa distance ofng the arc of s183 23 feeaid curve t to ar a tcurve,
concave to the North and having for its elements a radius of 92.0 feet and a delta of curve;
degrees run thence run SE' 0'
and NE'ly along the arc of said curve for a distance of 152.54 feet to the end of said curve; thence run N 45 degrees 00'
radius of 87.0
f et andra distance of 406.95
I I degrees 49 C24' ; thencecurve,
run NE'ly along he arc of said and
curve or afor
distance of 17.95. feet; thence
run East for a distance of 37.33 feet; thence run S 74 degrees 58'. 2 IS" E fora distancethence72.32 feet run Northlo a point and alongltheat ts on
W'ly
the W'ly boundary line of the said LINCOLN GARDENS NO. 2 SUBDIVISION- IS[ON;
bound line a the said id LI Avenue OLN and the GARDENS
NOf 2 SUBDIVISION for a distance of 139.68 fat back to S'ly right-
Prepared by and Return to:
Spottswood, Spottswood & Spottswood
500 Fleming Street
Key West, Florida 33040
GRANT OF EASEMENT
THIS GRANT OF EASEMENT is entered into this I day of May, 2008 (herein
"Agreement"I, by and between MONROE COUNTY, a political subdivision of the State of Florida,
its successors and assigns, whose address is 1100 Simonton Street , Key West,
Florida 3304.0 (herein "Monroe County"), and ISLANDER VILLAGE, LLC, a Florida limited liability
company, its successors and assigns, whose address is 201 Front Street, Suite 224, Key West,
Florida 33040 (herein "Islander Village"), collectively referred to herein as "Grantor", and,
COMCAST OF CALIFORNIA/COLORADO/FLORIDA/OREGON, INC. referred to herein as "Grantee."
RECITALS
WHEREAS Monroe County has purchased property from Drive -In, Ltd. and is now the owner of said
real property located in Monroe County, Florida, which property is described on Exhibit "A"
attached hereto and made a part hereof (herein "Affordable Property"); and,
WHEREAS, Islander Village and Monroe County entered into a ninety-nine (99) year ground lease
(hereinafter "Lease") recorded at Official Records Book 2301 at Page 365, pursuant to which
Islander Village has leased the Affordable Property from Monroe County for the development and
subsequent sale of eighty-nine (89) affordable units to individual unit owners (herein the "Project");
and,
WHEREAS, the parties are desirous of entering into this Agreement to provide Grantee with a non-
exclusive perpetual easement over, in, under and across the Affordable Property for to provide
broadband services, together with a reasonable right of ingress and egress over said property; and,
WHEREAS, Islander Village has requested broadband services from Grantee; and,
WHEREAS, the parties have agreed, under the terms and conditions set forth herein, to grant to
Grantee the right to use the Affordable Property for the purposes set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and
for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
The above Recitals are true and correct and are hereby incorporated herein by reference.
2. Each Party hereto warrants that this grant of easement, and all terms and conditions
contained herein, are supported by adequate consideration.
3. Islander Village and Monroe County hereby grant, convey, declare and create for the benefit
of Grantee, a perpetual, non-exclusive easement, in, upon, over and across the Affordable Property
for broadband services, together with the reasonable right of ingress and egress over said property
so as to afford Grantee reasonable use and enjoyment of this easement for the purposes of
providing utility service broadband services to the Project; provided, however, any future
installation will be subject to the approval of Islander Village. Islander Village and Monroe County
grant to Grantee the right to construct, use, maintain, operate, alter, add to, repair, replace,
reconstruct, inspect and remove at any time, and from time to time, a broadband communications
system, (hereafter referred to as the "System") consisting of wires, underground conduits, cables,
pedestals, vaults, and including but not limited to above ground enclosures, markers and concrete
pads or other appurtenant fixtures and equipment necessary or useful for distributing broadband
services and other like communications, in, on, over, under, across and along the Affordable
Property provided, however, any future installations shall be subject to Islander Village's approval
or that of its successors or assigns. Islander Village and Monroe County agree that the System on
the Affordable Property shall be and remain the personal property of Grantee and may not be
altered, obstructed, or removed with the express written consent of Grantee. Additionally, Islander
Village and Monroe County grant to Grantee the right to cut and trim, from time to time, trees,
brush, overhanging branches and other natural obstructions on the property, which may injure or
unreasonably interfere with the full and complete use of the easement described herein, provided
the foregoing rights do not unreasonably interfere with the rights of the residential unit owners in
regard to their units.
4. Grantee shall indemnify, protect, defend and hold Grantor harmless from any and all
liability, loss, damage, cost or expense (including but not limited to attorneys' fees and court costs
at the trial level and during appellate proceedings) in which Grantor should incur as a result of or in
connection with Grantee's construction, use, maintenance, operation, alteration, repair,
replacement, reconstruction, inspection and removal of the System.
5. Grantee hereby acknowledges that Islander Village, its invitees, and contractors retain the
right to use the Affordable Property. Monroe County hereby acknowledges that the grant of the
easement set forth herein which encumbers the Affordable Property shall survive termination of the
Lease with Islander Village. This easement shall run with the Affordable Property forever and be
binding upon and inure to the benefit of and be enforceable by the parties hereto, their heirs, legal
representatives, successors and assigns, including but not limited to the homeowners' association
of the owners of the development located on the Affordable Property.
6. This Agreement may not be terminated or amended, modified, altered, or changed in any
respect whatsoever, except by a further agreement in writing duly executed by the parties (or their
successors or assigns) and recorded in Public Records of Monroe County, Florida. No breach of the
provisions of this Agreement shall entitle any party to cancel, rescind or otherwise terminate this
Agreement, but such limitation shall not affect, in any manner, any other rights or remedies which
any party may have by reason of any breach of the provisions of this Agreement.
7. This Agreement may be executed in counterparts, each of which shall constitute an original,
but all taken together shall constitute one and the same Agreement.
B. Nothing contained in this Agreement shall create or shall be deemed to create any
easements or use rights in the general public or constitute a public dedication for any public use
whatsoever.
9. In the event of any controversy, claim, or dispute relating to this instrument or the breach
of it, the prevailing party shall be entitled to recover reasonable expenses, attorneys' fees, and
costs.
10. If any provision of this Agreement, or the application thereof to any person or circumstance
shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application
of such provision to persons or circumstances other than those as to which it is invalid or
unenforceable, shall not be affected thereby, and each provision of this Agreement shall be
severable and valid and enforceable to the fullest extent permitted by law.
11. All notices, consents, approvals or other communications hereunder shall be in writing and shall
be deemed properly given if sent by United States certified mail, return receipt requested,
addressed to the appropriate party or successor -in -interest.
12. This Agreement shall be construed in accordance with the laws of the State of Florida. All
parties acknowledge and agree that in the event of any dispute arising under this Agreement, the
sole jurisdiction for such dispute shall be in Monroe County, Florida.
13. For the purposes of interpreting any ambiguity arising under this Agreement, no party shall
be considered the "drafter" of same.
14. Each party to this Agreement agrees to waive a jury trial on any dispute arising under this
Agreement and each party agrees to have any dispute heard by the court without a jury.
15. The undersigned hereby represent and warrant that all action, approvals and consents
necessary for the execution of this Agreement have been taken or obtained, and the persons
executing this Agreement are authorized and directed to execute this Agreement.
** SPACE BELOW INTENTIONALLY LEFT BLANK **
IN WTINESS WHEREOF, the parties have executed this Agreement this day of
May, 2008.
Witnesses:
1
PrintName:��,
Print Name: Are I
ISLAN LLC
LS
Edwin O. Swift III, Manager
STATE OF FLORIDA
COUNTY OF MONROE
On this "+(- day of May, 2008. before me personally appeared Edwin O. Swift III, as
Manager of Islander Village, LLC, who is personally _known to me, and who
acknowledged execution of the foregoing instrument.
(SE Marion Hope Callas Notary Public
A� Ca ommission # DD326W2
: Expires July 21, 2008
Jj �9qET9yF�n Nnnnn.IK l9P105•r019 BOARD OF COUNTY COMMISSIONE
Clerk
Deputy Clerk JUL 1 6 2008
Witnesses-
— GWb1-\
Print Name:
l 1 —j-190
Print Name: -; U ki rc.r a •=D
OF MONROE COUNTY, FLORIDA
By:
Mayor Mario DiGe aro JUL-1 6 2008
COMCAST OF CALIFORNIA/
COLORADO/FLORIDA/OREGON,
INC.
By::
Printed Name:
Its: 10M AUrA AM VP
a Was
18801 NW 2nd 1v,
Miami, FI eag9
STATE OF fE (3 m) 770. M
COUNTY OF MTV/ ,Aid
On this _LQh+ day of (.u1 2008. before me personally appeared
I as 61&a of Comcast of
Cali fomia/Colorado/Florida/Oregon, Inc., who is personally known to me, and who
acknowledged execution of the foregoing instrument. , r _ . A,_ _ ,
(SEAL) NotaryWublic
ELIZABETH M HECHT
WM FEB 2e., ans
exuwndnauylrn�9mtrls uenmf
4
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land on Stock Island, being a part of Block 59, MALONEY SUBDIVISION, according to the Plat thereof,
as recorded in Plat Book I, Page 55, of the Public Records of Monroe County, Florida, and adjacent submerged lands,
said parcel being more particularly described by metes and bounds as follows:
Commencing at the W'ly Right -of -Way Line of Cross Street and the S'ly Right -of -Way Line of Fifth Avenue and run
thence West along the S'ly Right -of -Way Line of the said Fifth Avenue for a distance of 450.00 feet to the Point of
Beginning, said point also being the NW ly comer of LINCOLN GARDENS NO. 2 SUBDIVISION, as recorded in
Plat Book 5, at Page 90, of the Public Records of Monroe County, Florida; thence continue West and along the S'ly
Right -of -Way Line of the said Fifth Avenue for a distance of 691.45 feet; thence run South for a distance of 79.47 feet;
thence run S :1 degrees 00' 00" W for a distance of 88,04 feet to a curve, concave to the Northeast and having for its
elements a radius of 157.0 feet, and a delta of 43 degrees 00'; then" run SE'ly along the arc of said curve for a distance
of 117.83 feet to the end of said curve•, thence run S 40 degrees 00' 00" E for a distance of 183.23 feet to a curve,
concave to the North and having for its elements a radius of 92.0 feet and a delta of 95 degrees 00; thence run SE'ly
and NE'ly along the are of said curve for a distance of 152.54 feet to the end of said curve; thence run N 45 degrees 00'
00" E for a distance of 406.95 feet to a curve, concave to the Northwest and having for its elements a radius of 87.0
feet, and a delta of I I degrees 49' 24"; thence run NE'ly along the arc of said curve for a distance of 17.95 feet; thence
run East for a distance of 37.33 feet; thence run S 74 degrees 58' 15" E for a distance of 72.32 feet to a point that is on
the W'ly boundary line of the said LINCOLN GARDENS NO. 2 SUBDIVISION; thence run North and along the W ly
boundary line of the said LINCOLN GARDENS NO. 2 SUBDIVISION for a distance of 139.98 feet back to S'ly right-
of-way line of the said Fifth Avenue and the Point of Beginning.
Prepared by and Return to
Spottswood, Spottswood & Spottswood 2008 SEP 2 6 Atli 10: 10
500 Fleming Street
Key West, Florida 33040 C,M•fi,iv L.
GRANT OF EASEMENT
THIS GRANT OF EASEMENT is entered into this t7i' day of uJ, 2008
!
(herein "Agreement'), by and between MONROE COUNTY, a political subdivision of
the State of Florida, its successors and assigns, whose address is 1100 Simonton Street,
Key West, Florida 33040 (herein "Monroe County"), and ISLANDER VILLAGE,
LLC, a Florida limited liability company, its successors and assigns, whose address is
201 Front Street, Suite 224, Key West, Florida 33040 (herein "Islander Village"),
collectively referred to herein as "Grantor", and, BELLSOUTH
TELECOMMUNICATIONS, INC., d/b/a AT&T FLORIDA, whose address is 650
United Street, Key West, Florida 33040, (herein "AT&T") referred to herein as
"Grantee."
RECITALS
WHEREAS Monroe County has purchased property from Drive -In, Ltd. and is now the
owner of said real property located in Monroe County, Florida, which property is
described on Exhibit "A" attached hereto and made a part hereof (herein "Affordable
Property" or `Basement Area"); and,
WHEREAS, Islander Village and Monroe County entered into a ninety-nine (99) year
ground lease (hereinafter "Lease") recorded at Official Records Book 2301 at Page 365,
pursuant to which Islander Village has leased the Affordable Property from Monroe
County for the development and subsequent sale of eighty-nine (89) affordable units to
individual unit owners (herein the "Project'); and,
WHEREAS, the parties are desirous of entering into this Agreement to provide Grantee
with a non-exclusive perpetual easement over, in, under and across the Affordable
Property for communications purposes, together with a reasonable right of ingress and
egress over said property; and,
WHEREAS, Islander Village has requested service from Grantee for communications
purposes of the Project; and,
WHEREAS, the parties have agreed, under the terms and conditions set forth herein, to
grant to Grantee the right to use the Affordable Property for the purposes set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations
contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. The above Recitals are true and correct and are hereby incorporated herein by
reference.
2. Each Party hereto warrants that this grant of easement, and all terms and
conditions contained herein, are supported by adequate consideration.
3. Islander Village and Monroe County hereby grant, convey, declare and create for
the benefit of Grantee, a perpetual, non-exclusive easement, in, upon, over and across the
Affordable Property for public utility purposes, together with the reasonable right of
ingress and egress over said property so as to afford Grantee reasonable use and
enjoyment of this easement for the purposes of facilities for communications services;
provided, however, any future significant installation by AT&T of new facilities in the
Easement Area or modification by AT&T of existing facilities in the Easement Area will
be subject to the approval of Islander Village, except for any emergency work for service
restoration. It is understood and agreed that the initial installation by AT&T of facilities
in the Easement Area shall not require such approval.
4. AT&T shall indemnify, protect, defend and hold Grantor harmless from any and
all liability, loss, damage, cost or expense (including but not limited to attorneys' fees
and court costs at the trial level and during appellate proceedings) in which Grantor
should incur as a result of or in connection with AT&T's use of the Affordable Property
hereunder.
5. Grantee hereby acknowledges that Islander Village, its invitees, and contractors
retain the right to use the Affordable Property. Monroe County hereby acknowledges
that the grant of the easement set forth herein which encumbers the Affordable Property
shall survive termination of the Lease with Islander Village. This easement shall run
with the Affordable Property forever and be binding upon and inure to the benefit of and
be enforceable by the parties hereto, their heirs, legal representatives, successors and
assigns, including but not limited to the homeowners' association of the owners of the
development located on the Affordable Property.
6. This Agreement may not be terminated or amended, modified, altered, or changed in
any respect whatsoever, except by a further agreement in writing duly executed by the
parties (or their successors or assigns) and recorded in Public Records of Monroe County,
Florida, provided that Islander Village shall not be deemed such a party after termination
of the Lease. No breach of the provisions of this Agreement shall entitle any party to
cancel, rescind or otherwise terminate this Agreement, but such limitation shall not
affect, in any manner, any other rights or remedies which any party may have by reason
of any breach of the provisions of this Agreement.
7. This Agreement may be executed in counterparts, each of which shall constitute an
original, but all taken together shall constitute one and the same Agreement.
8. Nothing contained in this Easement Agreement shall create or shall be deemed to
create any easements or use rights in the general public or constitute a public dedication
for any public use whatsoever.
2
9. In the event of any controversy, claim, or dispute relating to this instrument or the
breach of it, the prevailing party shall be entitled to recover reasonable expenses,
attorneys' fees, and costs.
10. If any provision of this Agreement, or the application thereof to any person or
circumstance shall to any extent be invalid or unenforceable, the remainder of this
Agreement, or the application of such provision to persons or circumstances other than
those as to which it is invalid or unenforceable, shall not be affected thereby, and each
provision of this Agreement shall be severable and valid and enforceable to the fullest
extent permitted by law.
11. All notices, consents, approvals or other communications hereunder shall be in
writing and shall be deemed properly given if sent by United States certified mail, return
receipt requested, addressed to the appropriate party or successor -in -interest.
All notices for Monroe County shall be sent to:
Board of County Commissioners
1100 Simonton Street
Key West, FL 33040
Attn: Office of the County Attorney
All notices for Islander Village, LLC shall be sent to:
Edwin O. Swift III, Manager
Islander Village, LLC
201 Front Street, Suite 224
Key West, FL 33040
All notices for AT&T shall be sent to:
BellSouth Telecommunications, Inc.
9101 SW 24`h Street
Miami, FL 33165
Attn: Director, Network Services
12. This Agreement shall be construed in accordance with the laws of the State of
Florida. All parties acknowledge and agree that in the event of any dispute arising under
this Agreement, the sole jurisdiction for such dispute shall be in Monroe County, Florida.
13. For the purposes of interpreting any ambiguity arising under this Agreement, no
party shall be considered the "drafter" of same.
14. Each party to this Agreement agrees to waive a jury trial on any dispute arising
under this Agreement and each party agrees to have any dispute heard by the court
without a jury.
15. The undersigned hereby represent and warrant that all action, approvals and
consents necessary for the execution of this Agreement have been taken or obtained, and
the persons executing this Agreement are authorized and directed to execute this
Agreement.
3
IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of
'2008.
Witnesses: ISLANDER VILLAGE, LLC
By'
Print Name: dlym Edwin O. Swift III, Manager
Print Name: PP;, tG �i e1
STATE OF FLORIDA
COUNTY OF MONROE
On this day of 4 /2 , 2008. before me personally appeared Edwin O. Swift III,
as Manager of Islander Village, LLC, who is personally known to me, and who
acknowledged execution of the foregoing instrumen .
hi Marion Hope Cases No ryPublic
-
(SEALX !M Commission # D0325052
c Expires July 21, 2008
Pon<M Tm, Fain - InNnanta. Ik. IMM-7019
Attest:
DANNY L. KOLHAGE, Clerk
H . ,
Deputy Clerk
Witnesses:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOWRA
t
Mayor Mar*W$$3armvNTY ATTORNEY
APPROV q_F.00R�M
SUSAN NA MSLEY I
ASSISTANT COUNTY ATTORNEY
Date 7 - /
BELL SOUTH
t
STATE OF FL9 BA(2�¢)pCO:G.
COUNTY OF moNR@Em- + ,
On this Z day of 2008. before me personally appeared
�\ Z -Z i_!V-. 2 Z- , as I (A of BELL SOUTH
El
TELECOMMUNICATIONS, INC., who is personally known to me, and who
acknowledged execution of the foregoing instrument. `�jI harjwu6"
y Public
Notary Public
Gwinnctt County, Gcorgia
My Commission Expires Aug. 27, 20U8
(SEAL)
1xran,3r��
LEGAL DESCRIPTION
A parcel of land on Stock Island, being a pan of Block 59, MALONEY SUBDIVISION, according to the Plat thereof,
as recorded in Plat Book I, Page 55, of the Public Records of Monroe County, Florida, and adjacent submerged lands,
said parcel being more particularly described by metes and bounds as follows:
Commencing at the W'ly Right -of -Way Line of Cross Street and the S'ly Right -of -Way Line of Fifth Avenue and run
thence West along the Fly Right -of -Way Line of the said Fifth Avenue for a distance of 450.00 feet to the Point of
Beginning, said point also being the NW'ly comer of LINCOLN GARDENS NO. 2 SUBDIVISION, as recorded in
Plat Book 5, at Page 90, of the Public Records of Monroe County, Florida; thence continue West and along the S'ly
Right -of -Way Line of the said Fifth Avenue for a distance of 691.45 fat; thence run South for a distance of 79.47 feet;
thence run S 3 degrees W 00" W for a distance of 88.04 feet to a curve, concave to the Northeast and having for its
elements a radius of 157.0 feet, and a delta of 43 degrees 00; then" run SE'ly along the arc of said curve for a distance
of 117.83 feet to the and of said curve; thence run S 40 degrees 00' 00" E for a distance of 163.23 fat to a curve,
concave to the North and having for its elements a radius of 92.0 feet and a delta or 95 degrees 00; thence run SE'ly
and NE'ly along the are of said curve for a distance of 152.54 feet to the end of said curve; thence run N 45 degrees 00'
00" E for a distance of 406.95 feet to a curve, concave to the Northwest and having for its elements a radius of 87.0
feet, and a delta of I 1 degrees 49' 24"; thence run NE'ly along the arc of said curve for a distance of 17.95 feet; thence
run East for a distance of 37.33 feet; thence root S 74 degrees 58' IS" E for a distance of 72.32 feet to a point that is on
the W'ly boundary line of the said LINCOLN GARDENS NO. 2 SUBDIVISION; thence tun North and along the W ly
boundary line of the said LINCOLN GARDENS NO. 2 SUBDIVISION for a distance of 139.88 feet back to S'ly right-
of-way line of the said Fifth Avenue and the Point of Beginning.
Prepared by and Return to:
Spottswood, Spottswood & Spottswood
500 Fleming Street
Key West, Florida 33040
GRANT OF EASEMENT
THIS GRANT OF EASEMENT is entered into thisc vAay of 2008
(herein "Agreement'), by and between MONROE COUNTY, a political su division of
the State of Florida, its successors and assigns, whose address is 1100 Simonton Street,
Key West, Florida 33040 (herein "Monroe County"), and ISLANDER VILLAGE,
LLC, a Florida limited liability company, its successors and assigns, whose address is
201 Front Street, Suite 224, Key West, Florida 33040 (herein "Islander Village"),
collectively referred to herein as "Grantor", and, BELLSOUTH
TELECOMMUNICATIONS, INC., d/b/a AT&T FLORIDA, whose address is 650
United Street, Key West, Florida 33040, (herein "AT&T") referred to herein as
"Grantee."
RECITALS
WHEREAS Monroe County has purchased property from Drive -In, Ltd. and is now the
owner of said real property located in Monroe County, Florida, which property is
described on Exhibit "A" attached hereto and made a part hereof (herein "Affordable
Property" or `Basement Area"); and,
WHEREAS, Islander Village and Monroe County entered into a ninety-nine (99) year
ground lease (hereinafter "Lease") recorded at Official Records Book 2301 at Page 365,
pursuant to which Islander Village has leased the Affordable Property from Monroe
County for the development and subsequent sale of eighty-nine (89) affordable units to
individual unit owners (herein the "Project'); and,
WHEREAS, the parties are desirous of entering into this Agreement to provide Grantee
with a non-exclusive perpetual easement over, in, under and across the Affordable
Property for communications purposes, together with a reasonable right of ingress and
egress over said property; and,
WHEREAS, Islander Village has requested service from Grantee for communications
purposes of the Project; and,
WHEREAS, the parties have agreed, under the terms and conditions set forth herein, to
grant to Grantee the right to use the Affordable Property for the purposes set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations
contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1
The above Recitals are true and correct and are hereby incorporated herein by
reference.
2. Each Party hereto warrants that this grant of easement, and all terms and
conditions contained herein, are supported by adequate consideration.
3. Islander Village and Monroe County hereby grant, convey, declare and create for
the benefit of Grantee, a perpetual, non-exclusive easement, in, upon, over and across the
Affordable Property for public utility purposes, together with the reasonable right of
ingress and egress over said property so as to afford Grantee reasonable use and
enjoyment of this easement for the purposes of facilities for communications services;
provided, however, any future significant installation by AT&T of new facilities in the
Easement Area or modification by AT&T of existing facilities in the Easement Area will
be subject to the approval of Islander Village, except for any emergency work for service
restoration. It is understood and agreed that the initial installation by AT&T of facilities
in the Easement Area shall not require such approval.
4. AT&T shall indemnify, protect, defend and hold Grantor harmless from any and
all liability, loss, damage, cost or expense (including but not limited to attorneys' fees
and court costs at the trial level and during appellate proceedings) in which Grantor
should incur as a result of or in connection with AT&T's use of the Affordable Property
hereunder.
5. Grantee hereby acknowledges that Islander Village, its invitees, and contractors
retain the right to use the Affordable Property. Monroe County hereby acknowledges
that the grant of the easement set forth herein which encumbers the Affordable Property
shall survive termination of the Lease with Islander Village. This easement shall run
with the Affordable Property forever and be binding upon and inure to the benefit of and
be enforceable by the parties hereto, their heirs, legal representatives, successors and
assigns, including but not limited to the homeowners' association of the owners of the
development located on the Affordable Property.
6. This Agreement may not be terminated or amended, modified, altered, or changed in
any respect whatsoever, except by a further agreement in writing duly executed by the
parties (or their successors or assigns) and recorded in Public Records of Monroe County,
Florida, provided that Islander Village shall not be deemed such a party after termination
of the Lease. No breach of the provisions of this Agreement shall entitle any party to
cancel, rescind or otherwise terminate this Agreement, but such limitation shall not
affect, in any manner, any other rights or remedies which any party may have by reason
of any breach of the provisions of this Agreement.
7. This Agreement may be executed in counterparts, each of which shall constitute an
original, but all taken together shall constitute one and the same Agreement.
8. Nothing contained in this Easement Agreement shall create or shall be deemed to
create any easements or use rights in the general public or constitute a public dedication
for any public use whatsoever.
2
9. In the event of any controversy, claim, or dispute relating to this instrument or the
breach of it, the prevailing party shall be entitled to recover reasonable expenses,
attorneys' fees, and costs.
10. If any provision of this Agreement, or the application thereof to any person or
circumstance shall to any extent be invalid or unenforceable, the remainder of this
Agreement, or the application of such provision to persons or circumstances other than
those as to which it is invalid or unenforceable, shall not be affected thereby, and each
provision of this Agreement shall be severable and valid and enforceable to the fullest
extent permitted by law.
11. All notices, consents, approvals or other communications hereunder shall be in
writing and shall be deemed properly given if sent by United States certified mail, return
receipt requested, addressed to the appropriate party or successor -in -interest.
All notices for Monroe County shall be sent to:
Board of County Commissioners
1100 Simonton Street
Key West, FL 33040
Attn: Office of the County Attorney
All notices for Islander Village, LLC shall be sent to:
Edwin O. Swift III, Manager
Islander Village, LLC
201 Front Street, Suite 224
Key West, FL 33040
All notices for AT&T shall be sent to:
BellSouth Telecommunications, Inc.
9101 SW 24`h Street
Miami, FL 33165
Attn: Director, Network Services
12. This Agreement shall be construed in accordance with the laws of the State of
Florida. All parties acknowledge and agree that in the event of any dispute arising under
this Agreement, the sole jurisdiction for such dispute shall be in Monroe County, Florida.
13. For the purposes of interpreting any ambiguity arising under this Agreement, no
party shall be considered the "drafter" of same.
14. Each party to this Agreement agrees to waive a jury trial on any dispute arising
under this Agreement and each party agrees to have any dispute heard by the court
without a jury.
15. The undersigned hereby represent and warrant that all action, approvals and
consents necessary for the execution of this Agreement have been taken or obtained, and
the persons executing this Agreement are authorized and directed to execute this
Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of
12008.
Witnesses:
Sp^
ISLANDER VILLAGE, LLC
_---
Edwin O. Swift III, Manager
STATE OF FLORIDA
COUNTY OF MONROE
On this day of b /1 , 2008. before me personally appeared Edwin O. Swift III,
as Manager of Islander Village, LLC, who is personally known to me, and who
acknowledged execution of the foregoing instrumen .��"/�
FUIr1A
q "".tr�l Marlon Hope Cases No azy Public
4
(SEAL ,a,' t Commission # 0325=
*•.,, Expires July 21, 2008
„ • BonME Toy F.M ft !0 =-7019
Attest:
DANNY L. KOLHAGE, Clerk
By: _
Deputy Clerk
Witnesses: _
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
In
Mayor Marip(DiftE1191 01 N TY ATTO R N EY
APPROV 4S FORM:
SUSAN M 041AASLEY
ASSISTANT COUNTY ATTORNEY
Data 7 ` / i— Uf
BELLSOUTH
i
STATE OF Fl A 9 e q� � l�
COUNTY OF M6NR9ElL ` r�
On this Z• day of ,J �, 2008. before me personally appeared
r k -SAc r2z I as � i r J Dt, ' i4e of BELL SOUTH
Aft
TELECOMMUNICATIONS, INC., who is personally known to me, and who
acknowledged execution of the foregoing instrument.
JtRryPublic
Notary Public
(SEAL)
Gwinnett County, Georgia
My Commission Expires Aug. 27, 2u08