03/18/2015 Agreement ,.
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i HEAVILIN CPA
H. T CLERK OF CIRCUIT COURT & COMPTROLLER
-;- `� MONROE COUNTY, FLORIDA
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DATE: March 26, 2015
TO: Kevin Wilson
Director of Engineering
ATTN: Pamela Hancock
FROM: Lindsey Ballard, D.C.'
At the March 18, 2015 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item C38 a lease for that portion of the Atlantic Circle right of way on which the
Moka Cafe in Tavernier encroaches.Enclosed is a duplicate original executed on behalf of Monroe
County, for your handling. Should you have any questions, please feel free to contact me.
CC: County Attorney (Electronic Copy)
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
This instrument prepared by
or under the direction of:
Christine Limbert- Barrows, Esq.
Assistant County Attorney
Monroe County, Florida Board
Of County Commissioners
1111 12th Street
Key West, FL 33040
LICENSE AGREEMENT
LICENSE AGREEMENT
For Encroachment on Right of Way
THISICENS GREEMENT (hereinafter the "License ") is made and entered
into this !l ay of , 201fby and between the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA ( "Licensor "), whose mailing
address is 1100 Simonton Street, Suite 205, Key West, FL 33040 33172, and Tavernier
Properties, LLC, together with its successors and assigns, whose mailing address is
21 Sunset Key Drive, Key West, Florida 33040 ( "Licensee ").
WITNESSETH
WHEREAS, the Licensee owns certain land situate at 91865 Overseas Highway
in Tavernier, Florida further identified with folio number 00555610- 000000 ( "Property ") in
Monroe County Florida, more fully described in Exhibit "A" attached hereto and made
part hereof, and
WHEREAS, said Property contains an improvement owned by Licensee which
partially encroaches upon the right of way known as Atlantic Circle Drive which is
owned by Licensor ( "county right of way "), and
WHEREAS, the encroachment area is identified in Exhibit "B" ( "License Area "),
attached hereto and made a part hereof, and
WHEREAS, the Licensor has determined that the encroaching improvement is a
historically designated structure ( "Historic Building "); and
WHEREAS, the Licensor has determined that the Historic Building does not
presently interfere with the efficient operation and maintenance of the County right of
way, and
WHEREAS, Licensee desires to maintain the improvements, as currently
installed, and the Licensor is amenable to allow the encroachment to temporarily
continue, upon specified terms and conditions,
NOW, THEREFORE in consideration of the sum of One Dollar in hand paid and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereby mutually agree as follows:
Page 1 of 4
deo'
1. Each of the above recitals is true and correct and incorporated herein by
reference.
2. Licensor hereby grants to Licensee a license to temporarily maintain the
improvement encroaching on the County right of way, as said encroachment is
further identified, and the area is described, in Exhibit" B ". The Licensee shall be
responsible for maintaining the License Area, at its sole cost and expense, in a
safe condition, free of debris, and in compliance with all governmental
regulations or ordinances. Licensee shall further make timely repair to any
damage existing in the License Area, at its sole cost and expense.
3. This License shall automatically expire upon:
a) removal of the encroachment; or
b) upon redevelopment or renovation of the footprint or exterior of the
Historic Building in contravention of applicable county or municipal code
provisions, and without Licensor's prior approval, which shall not be
unreasonably withheld; or
c) upon redevelopment when the structures on the Property are no longer
designated as historical.
4. This License may be terminated by Licensor upon the happening of any of the
following events provided such events continue after service upon Licensee of a
thirty (30) day written notice and opportunity to cure:
a) Licensee constructs further improvements within License Area which expand
the footprint of the improvements as currently installed. Nothing in this License
shall be construed to be a permit to construct and maintain any additional
improvements within the License Area, not shown on Exhibit "B ";
b) A legal or equitable action, administrative proceedings or other action is taken
by Licensor against the Licensee arising out of or related to Licensee's material
failure to maintain and operate the License Area;
c) Licensee maintains any material unlawful activities within the License Area,
including, but not limited to, violation of any statute ordinance or regulation
enacted for the public's health, safety and welfare;
d) Licensee fails to maintain the License Area in a safe and clean condition, and/
or fails to make timely repairs to any damage thereon.
5. The parties represent and agree that the rights granted by this License shall be
deemed to be a temporary permissive use only and nothing contained herein
shall be deemed to create any interest or real property rights in the License Area
and /or other right of way or real property owned by Licensor.
Page 2 of 4
Ai l/ el
6. Licensee, its heirs, successors and assigns shall indemnify and hold the
Licensor, its agents, or contractors harmless from any and all claims, liabilities,
damages, losses, injuries and /or expenses, including court costs and reasonable
attorney's fees, incurred as a result of or arising out of the maintenance of the
subject encroachment in the License Area and against all claims, liabilities,
damages, losses, injuries and /or expenses arising out of or resulting from any
activities under this License and /or the use of the License Area by Licensee, its
agents and /or invitees. Should any litigation between the parties hereto arise out
of this License or its performance, each party shall be responsible for its own
attorney's fees and court costs.
7. This License shall be recorded in the Public Records of Monroe County, Florida
and shall be binding upon the heirs, successors and assigns of the parties. The
termination of this License in accordance with the terms of this agreement and
shall be evidenced by a termination notice issued by Licensor and recorded in
the Public Records of Monroe County, Florida, with a copy of the same sent to
Licensee.
8. This License sets forth the entire understanding between the parties as to the
subject matter contained herein and no party shall rely, or have a right to rely,
upon any oral representation which is not incorporated herein.
9. The License shall not be altered, modified or amended except by an instrument
in writing, signed by the parties.
10. The terms "Licensor and "Licensee" shall include the agents, administrators,
successors, and assigns of each of the respective parties hereto. Whenever
used the singular shall include the plural, and the plural the singular, and the use
of any gender shall include both genders.
11. In the event any alleged default is of such a nature that Licensee is unable to
cure the default within thirty (30) days, provided Licensee is continuously
undertaking all commercially reasonable actions to cure said default, in that
event, a default shall not be declared until such time as Licensee has been
afforded such commercially reasonable time as may be reasonably necessary to
cure the default.
12. All notices to the Licensor should be sent to:
Board of County Commissioners of
Monroe County, Florida
Attn.: County Administrator
1100 Simonton Street, Suite 205
Key West, Florida 33040
All notices to the Licensee shall be sent to:
Tavernier Properties, LLC
CIO Craig Hunt
Page 3 of 4
�i; l i
91868 Overseas Highway
Tavernier, FL 33070
With a copy to:
Steven B. Greenfield, Esquire
6111 Broken Sound Parkway, NW
Boca Raton, FL 33487
or to such other address that may be provided to the other party. All notices, demands
or requests provided for or permitted to be given pursuant to this License must be in
writing and shall be delivered or sent, with the copies indicated, by personal delivery,
certified mail, facsimile, or overnight delivery service to the parties, as provided herein.
IN WITNESS WHEREOF, the parties have executed this License on the day and
- - first above written.
� '' ' LICENSOR:
A _ Board of County Commissioners of
s _ Monroe County, Florida
s __
Y // (_ i %� By: 1 (0
Deputy Cl erk ' ayor
LICENSEE:
Tavern': wrop.rties, LLC f h, oNRo ". , . , , O
i/ AP P RP
Crai• nt, its an Member cNRISYIN . 1 � _i . ,. k., - ,qr ,wS
/ ASSIST N1Y `r ,,'" i ,F,N - Y
Date -D(1�
STATE OF FLORIDA )
PALM BEAct%
COUNTY OFROE )
The foregoing instrument was acknowledged before me this 18'day of
M ycA., , 2015 by (° t,,,\ tA � , who is personally known to
� i e, or who has produced FL "N "ees L,i pence as identification.
, TIRYN S. DOUOIJIS 1•Z ,ice
"' t >>n a +iss►0N #EE l I Z 0-U-4.A0-
8�see Notary Public, State of Florida
- : -, EXPIRES: January 14, 2017
', F Bonded Tin Notary Pubic Undetwrfeis My Commission Expires:
Page 4 of 4
EXHIBIT "A"
Description of Property
Lots 1, 2, 3, 4, 36 and 37, Block A, Tavernier No. 2, according to the Plat thereof, recorded in
Plat Book 2, Page 8, of the Public Records of Monroe County, Florida, together with that portion
of the alley as disclaimed in Official Records Book 405, Page 1100, Parcel Identification No.
1681946;
and
Lot 5, Block A, according to the Plat thereof, recorded in Plat Book 2, Page 8, of the Public
Records of Monroe County, Florida, together with that portion of the alley as disclaimed in
Official Records Book 405, Page 1000, Parcel Identification No. 1681954
EXHIBIT B
SPECIFIC PURPOSE SKETCH
TO ILLUSTRATE LEGAL DESCRIPTION •
A PORTION OF ATLANTIC CIRCLE DRIVE
TAVERNIER NO. 2
/ SECTION 34, TWP. 625., RGE. 38E
TAVERNIER KEY, FLORIDA N 'I
//
4.4.' //P
3 ;.\
5 NORTH
3 y0 r P \ ASSUMED FROM PLAT
ofi Q� POC \
R` 4 OR LEGAL DESCRIPTION
/ O - NE CORNER
LOT 1 N61 °14'50 "E 2.15'
/ G v SCALE: 1" = 20'
POB ,p� 4
OS c' 6 ,
x .05 ° 'c C>411,-,.0,..
a
a t. 'L °6° 4'd f9. \ � I'L
a °Sl S A O �4' A<".„... \
e� - 1. ..Sr �6f eo \
f S' ( Or, f r4 ` S41 °54'49 "W 1.58'
," 41, '
LINE TABLE GP
LINE LENGTH 1 BEARING i O\ ,9 ( t 0,
LI 7.42 S48 °07'34 "E C'e
\ .4
0
DESCRIPTION:
A portion of Atlantic Circle Drive easterly of and adjacent to Lot 1, Block A of TAVERNIER NO. 2, according to the Plat thereof
as recorded In Plat Book 2, Page 8, of the Public Records of Monroe County, Florida and being more particularly described as
metes and bounds as follows:
Commencing at a point on the southwesterly right -of -way line of Atlantic Circle Drive, said point being the Northeast corner of
Lot 1, Block A, of TAVERNIER NO. 2, according to the Plat thereof as recorded In Plat Book 2, Page 8, of the Public Records of
Monroe County, Florida, thence S48 °07'34 "E along the southwesterly right -of -way line of Atlantic Circle Drive for a distance of
7.42 feet to a point on the face of an existing one story structure, said point being the Point of Beginning;
thence bear N61 °14'50 "E on said face for a distance of 2.15 feet;
thence bear S47 °42'19 "E on said face for a distance of 60.80 feet;
thence bear S41 °54'49 "W on said face for a distance of 1.58 feet to a point on the southwesterly right -of -way line of Atlantic
Circle Drive;
thence bear N48 °07'34 "W along the southwesterly right -of -way line of Atlantic Circle Drive for a distance of 61.51 feet back to
the Point of Beginning, containing 110 square feet, more or less.
(The property address for the one structure Is 91865 Overseas Highway, Key Largo, Florida, 33070)
LEGEND FOR ABBREVIATIONS
CL = CENTER LINE DENOTES NEWLY DESCRIBED LEGAL
POC = POINT OF COMMENCEMENT
POB = POINT OF BEGINNING
R/w - RIGHT OF WAY PREPARED FOR: CRAIG HUNT
DATE: 03/04/15
THIS IS NOT A SURVEY
i'=20 ToE POPOSE Of . ,5 10 A OA51.11 • /• /• Olt E V C <1C0C
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• /- /• 00543500 f fNo,5cc ,, };t fim T.I. 01?
RAN °ATE
° °'nF REECE & ASSOCIATES
SHEDD I OF 1 " PROFESSIONAL SURVEYOR AND MAPPER, LB 7846 ,
DRAWN BY: KR s 5 "A . ^ ` " 127 INDUSTRIAL ROAD, STE. B, BIG PINE KEY, FL 33043
4 1(4,00 B.: RER _ swum ." T ". "D wf, OFFICE (305) 872 - 1348
11 INVOICE • 15020401 ROBER E- REEC:E. PSE 563]. PRO7755155.51.00E 040 04 "50~ fAX (305) 872 - 5622