Estoppel Certificate 07/21/2010
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
August 11, 2010
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy M Peters
Executive Assistant
Pamela G. Hanco~.
ATTN:
At the July 21, 2010, Board of County Commissioner's meeting the Estoppel Certificate
regarding the Ground Lease between Monroe County and Overseas Redevelopment Company,
LLC and the Revised Sub-Lease Agreement between Overseas Redevelopment Company, LLC
and Flagler Village Limited Partnership, Ltd. and Monroe County, FL for an affordable housing
project.
Enclosed are five duplicate originals of the above-mentioned for your handling. Please
be sure to return the Clerk's Original once recorded in the Official Record. Should you have
any questions, please feel free to contact this office.
cc: Finance
File J
ESTOPPEL CERTIFICATE
M8/
,2010
Docl 1801769 08/12/2010 12: 29P"
FlIed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
Wachovia Affordable Housing
Community Development Corporation
MAC DI053-170
301 South College Street
Charlotte, NC 28288
Attention: Michael Loose: Asset Management
Clllc>>cll '18el ~'I 769
Ska 2479 PgI 464
Re: Ground Lease between Monroe County and Overseas Redevelopment Company,
LLC, a Florida limited liability company ("Tenant") dated as of September 20,
2006, as amended by that certain Amendment No.1 to Ground Lease dated as of
April 15, 2009 (collectively, the "Lease") regarding certain premises in Stock
Island, Monroe County, Florida, as more particularly described therein (the
"Demised Premises")
We understand that you are about to make an equity investment in Flagler Village
Limited Partnership, Ltd., a Florida limited partnership (the "Partnership"). The Partnership is
the sublessee under that certain Revised Sublease Agreement between Overseas Redevelopment
Company, LLC, a Florida limited liability company, as sublessor, and the Partnership, as
sublessee, dated October 21, 2009 ("Sublease"). The Sublease grants the Partnership certain
rights in and to the Demised Premises, and imposes certain duties and obligations upon the
Partnership with respect to the Demised Premises. You have requested that we, as lessor under
the Lease ("Landlord") execute this Estoppel Certificate (this "Certificate") in connection
therewith. The terms of this Certificate supersede the terms of the Lease and you shall have an
independent right to enforce such terms.
We hereby represent and warrant to you that:
1. True and correct copies of the captioned documents are attached hereto as Exhibit
A. All capitalized terms used but not otherwise defined herein shall have the meanings given to
such terms in the Lease.
2. The Lease has been duly authorized, executed and delivered by us and Tenant and
is in full force and effect. The Lease constitutes the entire agreement between us and Tenant
pertaining to the Demised Premises. The Lease has not been amended, supplemented or
modified except as described above and attached hereto. There are no other Related
Agreements, whether oral or written, between Tenant and Landlord concerning the Demised
Premises, except that certain Agreement Pursuant to Section 380.032, Florida Statutes, dated
July 19, 2006, between the Department of Community Affairs, Overseas Redevelopment
Company, LLC, and Monroe County (hereinafter, the "380 Ae:reement").
CIIIC)ctl '18(Z11.769
Ska 2479 Pga 465
3. We currently hold all of the right, title and interest of the "Lessor" under the
Lease and have not assigned, hypothecated, encumbered, mortgaged, pledged or subordinated
any of our interest under the Lease or in the Demised Premises (or otherwise leased any of the
Demised Premises except pursuant to the Lease) in whole or in part. We recognize the
Partnership as the holder of the leasehold interest in the Demised Premises pursuant to the Lease
and the Sublease.
4. All improvements located or to be located on the Demised Premises are to be
owned by the Partnership for all purposes, and the County shall not claim depreciation
deductions with respect to such improvements.
5. All rent and other sums due us under the Lease through and including the date
hereof has been paid in full in a timely manner.
6. No default by Landlord currently exists under the Lease, nor does any event or
condition that, with the passing of time or giving of notice or both, would constitute a default by
Landlord under the Lease. No default by Tenant currently exists under the Lease, nor does any
event or condition that, with the passing of time or giving of notice or both, would constitute a
default by Tenant under the Lease.
7 · Except for the amendments to the Lease contained in this Certificate, we will not
enter into any agreement with the other party to the Lease to terminate, cancel, surrender, amend,
alter, modify or extend the Lease or any interest of the Tenant thereunder without your prior
written consent and any such purported agreement shall not be valid or effective without such
prior written consent. Without limiting the generality of the foregoing, your prior written
consent shall be required prior to Tenant being permitted to terminate the Lease following the
occurrence of damage, destruction or a taking.
8. We shall not transfer or encumber our fee interest in the Demised Premises, nor
shall we consent to the sale of all or any portion of the Demised Premises including, without
limitation, any and all Affordable Housing Units constructed thereon, without your prior written
consent. We agree that any mortgage, deed of trust or other encumbrance on the fee estate in the
Demised Premises shall be junior and subordinate to the Lease and the Sublease.
9. Notwithstanding Exhibit "F" to the Lease and the modifications to Section 12.02
of the Lease contained therein, prior to the expiration of the Compliance Period (as such term is
hereinafter defined) we shall have no right or option to acquire any right, title or interest in or to
the Demised Premises or any improvements or personal property located thereon, including
without limitation, any and all Affordable Housing Units constructed pursuant to the Lease.
Without limiting the generality of the foregoing, the right of first refusal reserved by us in
Exhibit "F" to the Lease shall be of no force or effect during the Compliance Period (as such
term is hereinafter defined).
10. Any matter required by the Lease to have been approved by us on or before the
date hereof has been approved. Any matter stated in the Lease as requiring the consent of a
leasehold mortgagee shall also require your consent. Any provision of the Lease requiring the
Tenant to obtain our prior approval or consent, shall likewise be deemed to require the Tenant to
2
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[lllocl '18el~,769
SkI 2479 PgI 466
obtain your prior approval or consent, and we shall not grant our approval or consent to any
proposed action of the Tenant, without you first being given notice of the relevant request and a
reasonable opportunity to respond.
11. There are no actions, whether voluntary or otherwise, pending against us under
any insolvency, bankruptcy or other debtor relief laws of the United States or any state. We have
not received written notice of any pending eminent domain proceedings or other governmental
actions or any judicial actions of any kind against the Demised Premises.
12. To our actual knowledge, the Demised Premises have not been used for any
activities that, directly or indirectly, involve the use, generation, treatment, storage,
transportation or disposal of any petroleum product or any toxic or hazardous chemical, material,
substance, pollutant or waste in violation of applicable law. We have not received any notice,
written or oral, of (a) any violation of any applicable federal, state, county or local statute, law,
rule or regulation of any governmental authority relating to environmental, health or safety
matters on or about the Demised Premises; (b) any allegation that, if true, would contradict any
statement contained in this Estoppel Certificate; or (c) the existence of any writ, injunction,
decree, order, judgment, lawsuit, claim, proceeding or investigation, pending or threatened,
relating to the use, maintenance or operation of the Demised Premises (nor are we aware of a
basis for any such notice under (a), (b) or (c) above).
13. With respect to defaults under the Lease:
(a) we will give you a copy of any written notice we give to the Tenant under the
Lease at the following addresses:
Wachovia Affordable Housing
Community Development Corporation
MAC D1053-170
301 South College Street
Charlotte, NC 28288
Attention: Michael Loose: Asset Management
with a copy to:
John Simon, Esq.
Sidley Austin LLP
One South Dearborn
Chicago, IL 60603
and
3
Joel Hjelmaas
Counsel
Wells Fargo Bank, N.A.
MAC x2401-06T
1 Home Campus, 6th floor
Des Moines, IA 50328-0001
CllloctI 'lSe11.'69
SkI 2479 Pgl 467
(b) we will give you ten days after your receipt of such notice to cure the non-
payment of any sum due under the Lease;
(c) we will give you thirty days after your receipt of such notice to cure any other
default under the Lease;
(d) if a default is incapable of being cured within thirty days, we will give you such
additional time as is reasonably necessary to cure such default provided you have
commenced to cure such default and are diligently proceeding to cure such
default;
( e) if you make any such payment or otherwise cure such default, we will accept such
action as curing the respective default under the Lease;
(f) if you cannot cure a default without removing the general partner and assuming
control of the Partnership, we will toll our exercise of remedies during the period
you are attempting to remove the general partner, but no longer than one year
from the notice of default;
(g) if you remove the general partner you will not have to cure prior defaults of that
general partner that are not capable of being cured by you, such as the bankruptcy
of such general partner; and
(h) we shall not have any right to terminate the Lease, take possession of, or to
assume or assert any possessory interest (including any right of re-entry) in and to
the Demised Premises, at any time prior to the expiration of the tax credit
compliance period for all buildings on the Demised Premises (the "Compliance
Period").
14. At all times prior to the expiration of the Compliance Period, the Lease shall be
deemed amended as follows:
(a) The definition of "Affordable Housing Unit" in Article I shall be amended to
read: "a residential housing unit that meets the moderate or lesser income
requirements of the Affordable Restrictions."
(b) The definition of "Association" in Article I, and all instances where such term is
used in the Lease, shall be deleted from the Lease and of no force or effect.
(c) The definition of "Sale" and "Sell" in Article I shall be construed to encompass
only (i) the ground leasing and sub-ground leasing permitted under the terms of
4
[lll~C. '18el~I,769
SkI 2479 Pg. 468
the Lease, and (ii) the leasing of Affordable Housing Units, as permitted by the
Affordable Restrictions. Any provisions of the Lease that contemplate or apply to
the sale of individual Affordable Housing Units shall have no force or effect.
(d) Article XIV shall be amended to provide the Tenant the right to alter and/or
improve the Affordable Housing Units from time to time constructed upon the
Demised Premises.
( e) The fourth and fifth sentences of Section 18.04 of the Lease are hereby amended
to read: "Except as set forth in Section 19.01 of this Lease, the Lessor makes no
express warranties and disclaims all implied warranties. Except as set forth in
Section 19.01 of this Lease, Lessee accepts the property in the condition in which
it currently is without representation or warranty, express or implied, in fact or by
law, by the Lessor, and without recourse to the Lessor as to the nature, condition
or usability of the Demised Premises, or the uses to which the Demised Premises
may be put."
It is expressly acknowledged and agreed that the amendments to the Lease effectuated by this
Paragraph 14 shall have no further force or effect as of the 90th day following the expiration of
the Compliance Period.
15. We will permit you to transfer your limited partner interest in Tenant to any
person or entity at any time.
16. We will permit you to remove the general partner of the Partnership in accordance
with the relevant partnership agreement provided that any substitute general partner is acceptable
to us in our reasonable discretion.
17 · We will permit insurance and condemnation proceeds to be used to rebuild the
Demised Premises provided that (i) sufficient funds are provided from other sources to
effectively rebuild the Demised Premises to a lawfully authorized multifamily housing complex,
and (ii) we shall hold all such proceeds and disburse them based on the progress of construction,
subject to such additional reasonable conditions as we may impose.
18. We shall execute and permit the recordation of a written memorandum of the
Lease and this Certificate in the public records.
19.
notice.
We shall provide estoppel certificates at the Tenant's request upon reasonable
20. Notwithstanding Sections 15.01(j) or 16.02 of the Lease, we shall not acquire the
Tenant's interest under the Lease or otherwise permit a merger of the Demised Premises' fee and
leasehold estates.
21. We will join in the conveyance of grants of easement reasonably necessary for the
development of the Demised Premises.
5
[111C)C. '18el~,769
Ska 2479 Pg. 469
22. The terms of this Certificate shall bind our successors and assigns and we will not
convey the Demised Premises without providing the assignee with a copy of this Certificate.
23. Notwithstanding any legal authorities to the contrary concerning the doctrine of
waiver and estoppel as applied to public entities and the actions or inactions of public agencies or
public agency officers and officials, we acknowledge that you (and your successors and assigns)
are relying on the contents of this Certificate and our execution hereof, and that in consideration
of such material reliance, we agree that we shall now and forever be estopped from denying the
validity' of this Certificate, and we knowingly and expressly waive any claim or defense of
estoppel in connection therewith.
24. The person(s) executing this Certificate on our behalf represent and warrant that:
(i) we are duly organized and existing, (ii) the person(s) executing this Certificate is duly
authorized to execute and deliver the same on behalf of us, (iii) we have taken such formal action
as may be required by law to bind us, and we are formally bound, to the provisions of this
Certificate, and (iv) entering into this Certificate does not violate any provision of any other
~~~~~~ J?: which we are bound.
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w~ONROE COUNTY ATTORNr-y
.oAP~PROVED AS T
6
OVERSEAS REDEVELOPMENT
COMPANY, LLC, a Florida limited
liability company
By: H- Try, LLC, a Florida limited
liability company, its manager
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EXHffiIT "A"
TO
ESTOPPEL CERTIFICATE
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REVISED SUB-LEASE AGREEMENT BETWEEN
OVERSEAS REDEVELOPMENT COMPANY, LLC
& FLAGLER VILLAGE LIMTED PARTNERSHIP, LTD.
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THIS REVISED SUB-LEASE AGREEMENT is entered into this J! - day of October,
2009 by and between Overseas Redevelopment Company, LLC, a Florida Limited Liability
Company (hereinafter "Sub-Lessor") and Flagler Village Limted Partnership, Ltd., a Florida
Limited Partnership (hereinafter "Sub-Lessee").
WHEREAS, Sub-Lessor is the lessee under that certain ground lease dated September 20,
2006 (and amended on April 15, 2009) between Sub-Lessor and Monroe County, a Political
Subdivision of the State of Florida, as Lessor, for the real property located in Monroe County,
Florida described on Exhibit "A" attached hereto (hereinafter referred to as the "Ground Lease,"
a true copy of which is attached hereto as Exhibit UB"); and
WHEREAS, Section 12.01 of Article XII of the Ground Lease prohibits the assignment
or sub-letting of the Demised Premises without the written consent of Monroe County; and
WHEREAS, Sub-Lessor desires to sublease the Demised Premises to Sub-Lessee and
Sub-Lessee desires to sublease the Demised Premises from Sub-Lessor on the terms and
conditions contained herein; and
WHEREAS, this Revised Sub-Lease Agreement shall correct and supersede the Sub-
Lease Agreement entered into by the parties and dated August 6, 2009, which misspelled the
legal name of the Sub-Lessee and contained other scrivener's errors (a true copy of which is
attached hereto as Exhibit "C"); and
WHEREAS, Monroe County, having reviewed the proposed sublease, desires to consent
to the sublease.
NOW THEREFORE, the parties do hereby say and agree as follows:
I. All of the above recitals are hereby incorporated into this Revised Sub-Lease
Agreement.
- 2. Sub-Lessor hereby sub-leases to Sub-Lessee, and Sub-Lessee hereby sub-leases from
Sub-Lessor, the Demised Premises under the Ground Lease. This Sub-Lease is contingent on
Sub-Lessee obtaining an award and receiving funding for HC tax credits from the Florida
Housing Finance Corporation.
3. Sub-Lessee hereby agrees to be bound by all of the terms of the Ground Lease, and
hereby agrees to assume and perfonn all of the obligations of the Sub- Lessor under the Ground
Lease. This Sub-Lease is intended to transfer site control to Sub-Lessee.
4. The term of this Revised Sub-Lease Agreement shall be concurrent with the remaining
term under the Ground Lease.
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5. The rent for the sub-lease shall he an initial lease payment of $1,000,000.00, then, as
available from cash flow, an annual payment of not less than $1.00 per year and not to exceed
$50,000.00 per year.
6. The Sub-Lessee shall be pennitted to encumber the leasehold with a leasehold
mortgage in order to complete the improvements to the land. The Lessor hereby consents to a
leasehold mortgage for said purpose.
7. The Sub-Lessor (Overseas Redevelopment Company, LLC) is not released from its
obligations under the Ground Lease.
8. This Revised Sub-Lease Agreement shall be governed by tbe Laws of the State of
Florida.
IN WITNESS WHEREOF, the parties have set their hand and seal the day and year
written above.
SUB-LESSOR:
SUB-LESSEE:
Overseas Redevelopment Company, LLC
Flagler Village Limted Partnership, Ltd.
By: Overseas GP, LLC, its general partner
member
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CONSENT TO SUB-LEASE
The undersigned hereby consents to this sub-lease.
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AGREEMENT
Pursuant to Section 380.032(3), Florida Statutes
TIllS SECTION 380.032 AGREEMENT is entered into between the Department
of Community Alrain, an agency of the State of Florida (hereinafter referred to as
"DCA" or Department"), Oveneas Redevelopment Company, LLC (hereinafter
referred to as .'ORC"), and Momoe County, a political subdivision of the State of Florida
(hereinafter referred to as .'County"), pursuant to the tenns and conditions herein and ~
380.032(3), Florida Statutes.
WHEREAS, Monroe County, Florida includes within its boundaries all of the
Florida Keys and is known as an Area of Critical State Concern, as designated under
Sections 380_05, Florida Statutes, and Chapter 28-36, F.A.C.; and
WHEREAS, the DCA is the state land planning agency having the power and
duty to exercise general supervision of the administration and enforcement of Chapter
380, Florida Statutes, the Environmental Land and Water Management Act (the "Act"),
which includes provisions relating to areas of critical state concern; and
WHEREAS, DCA is authorized by ~ 380.032(3), Florida Statutes, to enter into an
agreement with any landowner, developer or other governmental agency as may be
necessary to effectuate the provisions and purposes of the Act, or any related rule; and
WHEREAS, in March, 2005 ORC entered into a contract to purchase a parcel of
real property located on Stock Island, Florida comprising approximately 3.56 acres, as is
more fully described in Appendix '.A", also known Overseas Trailer Park (the
"Property"), pursuant to which contract ORC, as contract vendee, is entitled to seek and
obtain government approvals for the development of the Property; and
WHEREAS, after acquiring the Property, ORC presented an application for an
amendment to a conditional use to the County to convert shay-three (63) mobile home
sites to forty-nine (49) market rate housing units on the property; and
WHEREAS. ORC negotiated with the County the terms of an agreement to
resolve vested rights and other development issues that were the subject of protracted
discussions between the County and ORC; and
May 3, 2006
Page lof6
[111C)cl:I 'lsel jl,769
Ska 2479 Pgl 474
WHEREAS, the goal of the parties was to seek a means to preserve affordable
housing by identifying a plan that would create workforce housing units and recognize
certain remaining market rate units on the Property; and
WHEREAS, it is in the public interest and consistent with current County
ordinances and planning initiatives that Overseas Trailer Park be developed as workforce
housing, rather than market rate units; and
WHEREAS, it is in the public interest and consistent with County planning
initiatives that private lands capable of supporting workforce housing developments be
purchased and brought into public ownership when possible; and
WHEREAS, the County recognizes that to achieve this public purpose it is
necessary to provide Rate of Growth Ordinance rights (ROOO units) as part of the
purchase price incentive to private landowners in the position of ORe.
NOW~ THEREFORE, in consideration of the mutual covenants and the terms and
conditions set fortb hereafter, tbe County, ORe and DCA agree as follows:
1. IncoroontioD of Recitals. All of the foregoing recitals are incorporated into
this Agreement.
2. Develonment A2reements.
2.1. The parties agree that the Property that is subject of this agreement,
based on the most accurate historical information available, has sixty-three (63) ROOO
units allocated to the Property.
2.2. The parties agree that ORC currently has the lawful right to
construct. forty-nine (49) market rate units on the Property.
2.3. The parties agree that there presently are an additional fourteen
(14) market rate ROOO units on the Property that may be transferred off site by ORC.
2.4. The County will purchase the Property from ORC pursuant to the
following terms and conditions:
8. The County will pay to ORe tbe sum of Two Million Five
Hundred Thousand Dollars ($2,500,000.00) in cash in exchange
for the transfer ofORC's fee simple ownership in the Property.
b. The County will lease the Property back to ORC in a lease
format approved by the County and ORC for a term of ninety-nine
May 3, 2006
Page 2 of6
May 3, 2006
Cl10cl '18e'~,769
e,k.. ;i~~'7S' PgI 475
(99) years for a rental rate of Ten Dollars (510.00) per year. As
tenant, ORC shall assume all expenses and obligations of
ownership of the Property. As set forth below, ORe will
redevelop the Property into a workforce housing community,
which ORC will operate and manage consistent with the County's
workforce housing regulations, as amended from time to time,
including oversight by the County Housing Authority.
c. The County will allocate eighteen (18) of its affordable ROGO
units in its inventory to ORC for the redevelopment project, and
ORe will provide thirty-one (31) of its ROGO units to the project.
Said eighteen (18) County units and thirty-one (3]) ORe units
shall be used by ORe to redevelop tbe Property into a forty-nine
(49) unit workforce housing community. The County may
substitute thirty-one (31) of its affordable housing ROGO
allocations for the 31 ORe units and in which event ORe will
assign the 31 ORC market rate ROGO allocations to the County
for its use. Thereafter, ORe shall own all forty-nine (49) units and
shall be able to sell the same to third parties in accordance with the
County's workforce housing guidelines. The parties agree that
ORe shall have the greatest possible latitude under the workforce
housing guidelines in its selling of units in the community, and
shall be able to sell such units at the maximum prices permissible
under the workforce housing guidelines, including but not limited
to those prices chargeable to people in the "moderate" income
classification.
d. The remaining thirty-two (32) market rate ROGO units retained
by ORe may be sold by ORe upon such terms and conditions as it
in its sole and absolute discretion deems appropriate, and such
units may be transferred off the Property singly, in groups or all
together to a receiver site or sites. ORe shall be entitled to transfer
such units at such time as it has been issued a building permit for
Page 3 of6
[j1oca '18e'~,7&9
Ska 2479 Pgl 47&
the redevelopment of the Property as set forth above. Each of the
thirty-two (32) ROGO units to be transferred off the Property is
deemed to meet the transfer criteria established by County
regulations and ordinances and shall be transferable as of right to a
receiver site. The units transferred off may not be transferred
beyond the Lower Keys District boundaries unless and until the
nutrient reduction system is officially dispensed with as a result of
official state action or judicial decree. The units being transfelTed
off-site may not be transferred in a Tier 1 zoning district; or a
special protection area if the construction of the units would
require clearing of natural habitat~ or if evaluated under ROGO the
site would receive negative points under habitat protection,
threatened or endangered species, or critical habitat.
e. The transfer of affordable units from one owner to another will
be monitored by the County in a manner to be determined by the
County from time to time.
r Until such time as Monroe County shall adopt "workforce
housing" regulations ORe shall comply in all respects with the
definition of "affordable housing" in the Monroe County Code and
shall additionally require each unit purchaser or adult occupant to
be a member of the Monroe County workforce, i.e. to be gainfully
employed, full time~ in Monroe County at the time of purchase or
occupancy and to remain so employed for not less than five years
thereafter.
3. Construction of the Asn-eement. The parties hereto have entered into this
Section 380.032 agreement in recognition of the unique circumstances applicable to the
Property, and in consideration of the public benefits to be obtained by preserving
workforce housing stock. Accordingly, this Section 380.032 Agreement should not be
construed as establishing precedent or procedure for any other development application.
May 3~ 2006
Page 4 of6
[llocll '18el~,769
Ska 2479 PglI 477
4. Gen~ra! Provisions. The County will not take any official action through its
agents or employees which would contravene, interfere with or alter any provision in this
agreement.
5. Authorized SUm.tures. The Board of County Commissioners of Monroe
County, or its authorized desigtlee, shall execute this Section 380.032 Agreement on
behalf of the County following approval of this Agreement by the Board of County
Commissioners. The Director of the Division of Community Planning, or his/her
authorized designee, shall execute this Agreement on behalf of DCA. ORe shall execute
this Agreement by its duly-authorized officer.
6. EnUretv of Aueemen!. The County, DCA and ORC further agree that this
Section 380.032 Agreement contains the entire and exclusive understanding and
agreement among the parties and may not be modified in any manner except by an
instrument in writing and duly signed by the COUDty, DCA and ORe. .
7. Duplicated Ori_.Is. This Section 380.032 Agreement may be executed in
any number of originals, all of which evidence one agreement. and only one of which
need be produced for any purpose.
8. Enforcement. In the event ofa breach of this Section 380.032 Agreement, or
failure to comply with any condition of it, the County, DCA and ORC may enforce this
Agreement pursuant to fif 380.05 and 380. I I, Florida Statutes, or as otherwise provided
by law.
9. Scooe of Authori(y. This Section 380.032 Agreement affects the rights and
obligations of the County, DCA and ORC as provided under the terms herein and
Chapter 380, Florida Statutes. This Section 380.032 Agreement is not intended to
influence or determine the authority or decisions of any other state or local government or
agency in issuance of any other pennits or approvals that might be required by state law
or local ordinance for any development authorized by this Agreement except as otherwise
provided herein.
10. EfI'edive Daq. This Agreement shall take effect upon signature of the last
of the parties to sign this Agreement.
May 3, 2006
Page 5 of6
.
.
[lllocl '18el~.769
Ski 2479 Pg. 478
IN WITNESS WHEREOF, the parties by and through their respective
undersigned duly authorized representatives have executed this Agreement on the dates
and year below written.
JUl11.
Date signed
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May 3, 2006
OVERSEAS REDEVELOPMENT DCA
COMPANY, LLC
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D.lte I eel
Page 6of6
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Clllc>>cll 'lSeI3.769
Ska 2479 PgII 479
EXHIBIT "A"
LEGAL DESCRIPTION
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1ot:a, _a..aug to ~.~ %.. ~,V". ft&i: oil . pan ~ ftoak
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Page 45 of 52
[IIIOC" 'lSCZlj',769
Ska 2479 Pg" 480
RESOLUTION ~Q. 33 -1973
WHEREAS, the Board af County Commi..iOlJ,er. of Monroe Couaty.
Floridal ha. been petitiOlled to renoUDce and di8claim &11' right of the County
and the public iD &D.d to the hereinafter deacribed etr..t, alley-way, road or
highway.. delineated on tbe hereinafter de.crib4td map or plat, and
WHEREAS, due notice bA. beea pubU.hed AIld a pabl1c he.riD, ba.
beeD beld h1 accordaace with ChapJer 336, Florida Statut... and
WHERJ:AS, at .aid public he.t'ia. AO obJectton. were made to the
renoUllcmg a.ad dieclaimina of any r1aht of the COUDt,. and the public in and to
the herein.ftez- de8cribed 8treet, alley-wa,.. road or hi'da, .. dellDeated
on the hereinafter de.c:rtbed map or plat, DOW therefore.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA. that .~ld Soard hereby reZlOUDe.. and
cli8elatm. an7 ~ilht of the County aDd the public in and to the fOliowin, de-
Bertbed street>> alley-way J road 0:1' hilhw&y .e delineated on the hereiDafter
de8cribed map 01' plat. to-wit:
That portiOll ot Fir" Av..ue lyia. aDd bela. betweeD
Block. 38 aDd 39. McDonald'. Plat, Stock I.lltDd,
recorded iD Plat Book I, 1*8- 55 of the Pablic aecord.
ot MODroe CoUllt,.. Florin.
BE IT FURTHl.:a RESOLVED BY SAID BOARD that the Clel'k at
.aid Boa,.-d be, and be i. httreby ordered to publlah notice of .aid meetiDi
in accorduc. with tn. ps-ovi.ion8 of Chapter 336. I'lo&-icl. Statute..
DATED M&Z'c:h 27. 1973.
rllONR(:tE C:(:tUNTY
CliFF IC:::IAL, RECORDS
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