1st Amendment 09/17/2003clelle[The
circuit Court Danny L. Kolhage
Phone:292-3550 Fax:295-3663
JJl_I U_I_,.,//
To: Richard Collins,
County Attorney
Attn: Jan Hotalen
From: Isabel C. DeSantis
Deputy Clerk
Date: Tuesday, October 21, 2003
At the meeting of September 17, 2003, the BOCC of Monroe County approved the
following:
Amendment to Easement and Operation Agreement: Right of First Refusal
between Monroe County and Michael H. Weisser at the Big Pine Key Plaza Shopping
Center.
Enclosed please find a duplicate original of the subject document for your
handling. Should you have any questions concerning the above, please do not hesitate
to contact this office.
Copies: Public Works Director
Finance
File ✓
AMENDMENT TO EASEMENT AND OPERATION AGREEMENT:
RIGHT OF FIRST REFUSAL
Big Pine Key Plaza Shopping Center
THIS AGREEMENT entered into this 17 day of ��� 2003, by
and between Monroe County (hereinafter County), a political subdivision of the State of
Florida, whose address is 500 Whitehead Street, Key West, FL 33040, and Michael H.
Weisser (hereinafter Weisser), whose address is MHW Properties, Inc., 801 NE 167th Street,
2n° Floor, North Miami Beach, FL 33162.
WHEREAS, the County acquired title to a portion of the Big Pine Key Plaza Shopping
Center to be used as a public library; and
WHEREAS, on November 19, 1993, the parties entered into an Easement and
Operation Agreement: Right of First Refusal whereby the rights and obligations of each
party regarding party walls and roof housing the building in which the unit acquired by the
County is situated; and
WHEREAS, it is desired to clarify the provisions of said agreement to reflect the
parties' mutual intent with respect to said agreement; now, therefore
IN CONSIDERATION of the mutual promises and covenants contained herein, the
parties do hereby agree as follows:
1. The Easement and Operation Agreement: Right of First Refusal, dated
November 19, 1993, and recorded at OR 1283, pages 2410 through 2418, is hereby
amended by adding the following language to the designated paragraphs:
A. Paragraph 3. Regardless of the ownership of the Property, the Property
may not be used for any use which would violate any then existing exclusive use
provision contained in any lease of space within the Shopping Center or any use
which would violate a prohibited use clause of any lease within the Shopping Center;
however, Weisser and his assigns and heirs (including any successor owner of the
Shopping Center) agree that use as a library or for any governmental purpose
(including but not limited to governmental meeting rooms, educational facilities and
governmental offices) will not violate any exclusive or prohibited use clause. Upon
request, the owner of the Shopping Center will provide a complete list of any then
applicable exclusive use and prohibited use clauses contained in any such lease.
B. Paragraph 7. The County does hereby assign, covenant and agree with
Weisser and any successor owner of the Shopping Center that the owner of the
Shopping Center shall have a perpetual easement for the joint use of any party wall
which shall include, without limitation, an easement to utilize so much of the County
property as is necessary to maintain, repair and rebuild any such party wall, and the
County will at no time permit any such party wall, whether or not located in whole or
in part on the County property to be removed without the prior written consent of
the owner of the Shopping Center. 7
2. All other provisions of the Easement and Operation Agreement: Right of First
Refusal, dated November 19, 1993, not inconsistent herewith, shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
WITNESSES (to Michael H. Weisser signatu
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Printed Name
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STATE OF FLORIDA
COUNTY OF-P eNftOE
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ZZ;
Mayor Dixif Spehar
MONROE COUNTY ATTORNEY
APP VEO AS TO FO
ZANNE A, HUTTON
The foregoing instrument was acknowledge before me this / T
by Michael H. Weisser, who is personally known to me eF*fevfded—'—
as identification, and who did not take an oath.
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Typed Notary Name and Number
Kim M. RiedY
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