11/10/1993 Agreement, etc.r
GOtINTY�
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
Vannp V kotbagc
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
MEMQRAINDUM
r
TO: Peter Horton, Director
Division of Community Services p,
FROM: Isabel C. DeSantis, Deputy Clerk • C
DATE: December 20, 1993
BRANCH OFFICE
M20 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 952-7145
As you know, on November 10, 1993, the Board authorized execution of the following
documents between Monroe County and Michael Weisser, d/b/a Big Pine Key Shopping
Plaza, concerning the new Big Pine Key Library. Said documents were recorded in the
Official Records of Monroe County for the closing of the real estate transaction:
Buy/Sell Agreement
Warranty Deed
Subordination and Non -Disturbance Agreement
Partial Release of Rents, Leases, Profits and Contracts
Partial Release of Mortgage
Easement and Operation Agreement Right of First Refusal
Enclosed are certified copies of each document for your files.
Should you have any questions concerning the above, please do not hesitate to contact
me.
cc: Larry R. Erskine
County Attorney
County Administrator, w/o document
Finance
^e
TELEPHONE
305 3723400
MEYER & ERSKINE
ATTORNEYS AT LAW
BIG PINE KEY SHOPPING CENTER
ROUTE 5 BOX 8
BIG PINE KEY, FLORIDA 33043
12/7/93
MS. ISABEL DESANTIS
DAN KOLHAGE
CLERK OF THE COURT
500 WHITEHEAD STREET
KEY WEST, FL 33040
RE: WEISSER TO MONROE COUNTY
BIG PINE KEY SHOPPING CENTER
Dear Isabel:
Enclosed please find the original closing documents for the above
referenced real estate transaction to be recorded on the Public
Records of Monroe County, Florida. The documents are in the correct
recording order and a check is enclosed for the documentary stamp
tax. Please add the original signed Easement and Operation Agreement
to the front of the stack so that it Is recorded first. Please have
Monroe County execute the Subordination and Non -disturbance
Agreement before recording.
We are sending a duplicate UCC-3 Statement of Change form to the
Florida Secretary of State and will need a check In the amount of
$25.00 for the filing fee. Please make the check payable to Florida
Secretary of State.
After the documents have been recorded, please send copies of the
recorded instruments to me or let me know the date of recording so
that I can obtain copies at a later date.
Thank you for your assistance. Please call my office if there are any
questions.
Sincerely,
IVVE/Eki
E/kf
Enclosures
FAX
305-872-4822
COURIER ADDRESS
BIG PINE KEY SHOPPING CENTER, UNIT C-8, 200 KEY DEER BLVD., BIG PINE KEY, FLORIDA 33043
TELEPHONE
305-8723400
MEYER & ERSKINE
ATTORNEYS AT LAW
BIG PINE KEY SHOPPING CENTER
ROUTES BOX 8
BIG PINE KEY, FLORIDA 33043
12/15/93
MS. ISABEL DESANTIS
DAN KOLHAGE
CLERK OF THE COURT
500 WHITEHEAD STREET
KEY WEST, FL 33040
RE: WEISSER TO MONROE COUNTY
BIG PINE KEY SHOPPING CENTER
Dear Isabel:
Enclosed please find the original Corrected Partial Release of
Mortgage to be recorded on the Public Records of Monroe County,
Florida.
Please send me a copy of the recorded document for my files.
Thank you for your assistance. Please call my office if there are any
questions.
Sincerely,
Larry R. Erskine
LRE/kf
Enclosures
FAX
305-872-4822
COURIER ADDRESS
BIG PINE KEY SHOPPING CENTER, UNIT C•8, 200 KEY DEER BLVD., BIG PINE KEY, FLORIDA 33043
V
BUY/SELL A0IZEEMFJNT W,✓
Oli
THIS AGREEMENT made this �th_ day of 0000c, 1993 by and between
WCHAEL H. WEISSER as "Seller" and MONROE COUNTY, FLORMA, as "Buyer"-
WuNESSETH
WHEREAS, Seller has agreed to sell and Bayer hag agreed to purchase a certain store
location known as Units 11 and 12 at the Big Pine Key Plaza Shopping Center and more
particularly described on Exhibit "A" attached hereto; and
WHEREAS, the part= wish to set forth the tarts and conditions of said sale.
NOW, THEREFORE, in consideration of the sun of TEN AND NO/100 ($10.00)
DOLLARS and other good and valuable consideration, the mutual receipt and sufficiency of
which is hereby acknowledged, the parties do herby agree as follows: -
1. PURCHASE PRICE. The Purchase Price to be paid for the property shall be the sum
of TWO HUNDRED EIGHTY SEVEN THOUSAND AND NO/100 (S287,000.00) DOLLARS.
2. P OR PERTX TRANSFERRED, The property to be conveyed shall be conveyed by
Warranty Deed from Seller to Buyer on the date of closing.
3. TITIX.. Buyer, at Buyers expense, shall obtain a Title Commitment and Title
Insurance on the property. If the Title Commitment discloses any title defects which render title
unmarketable or uninsurable, Buyer shall notify Seller within seven days After receipt of the Title
Commitment and Seller shall have thirty (30) days to cure any such defects.
4. Seller agrees that it stall at closing deliver the property free and clear of any *mortgage
Hens and subject only to the current year's taxes which shall be pro rated as of the date of closing.
5. pSTNG 1:XP_� Seller at Seller's sole cost and expense shall pay for the cost
of recording the Warranty Deed and any transfer fees, rwording fees, surtaxes and any charges
whatsoever connected with the recordation of the Deed or the sale of the property. Buyer shall
pay for the cost of the Tide Commitment and Title Policy and the cost fora now smwey on the
property, which survey was obtained for the Buyer by the Seller from James Neuhaus, SurveyoM
and has already been delivered to Buyer.
6. MAT, ESTATE TAXI- Buyer agrees that immediately after the closing of this
transaction it shall cause to be removed from the tax rolls the property being transferred hereunder
and Seller shall have no further obligation to pay real estate taxes on the demised premises which
are being conveyed horcundcr.
f v
7. CWgINC}. The Closing of this transaction shall take place on or before November il(
1993 and this is an all cash transaction.
g. POSSESSION. At the time of closing, Seller shall deliver possession of the premiscs
to Buyer.
9. _BRpICI:'R. The patties agree and acknowledge that no broker was involved in this
transaction.
10. CONDITION. Buyer agrees and understands that it is buying this property in "as is"
condition and "with Al faults" without any representation or warranty by Seller except as
specifically stated in this agreement. Seller has not made and does not hereby make say express or
implied rcixedentatiom or warranties whatsoever with respect to (i) the physical or environmental
condition of the property inchuling but not limited to, any representation or warranty regarding
habitability or the, quality of construction, workmansNp, merchantability or fitness for any
particular purpose, (n) the property's compliance with applicable laws, and (R) any other matter
relating to the property at Seller. Purchaser expressly acknowledges to Seller that Purchaser is
entering into this Agreement without relying upon any such representation or warranty by Seller,
its agents, or any other person or entity with respect to the condition of the property, except as
otherwise specifically stated in this ageenmt.
11. DEF&t&. bi the ownt that the Buyer shall default under this Contract, Seller shag
have the not to specific performance or may seek money damages. In the event that the Seller
shall default under this Contract, Buyer %hall have the right to specific performance or may seek
money damages. The prevajft pay in any lawsuit shall be entitled to its reasonable attorneys
fees and costs.
12. LAW WMERIM-rd. This Contract shall be interpreted under the laws of the State
of Florida.
13. VENUE. The parties hereby designate Monroe County, Florida for purposes of
venue.
14. This contact shall include the Easement and Operation Agreement; Right of Fast
Refusal executed by the parties on this day, which Agreement sha11 be incorporated herein as
though forty set and which shall be marked Exhibit��'. Further,oere �c� nt is � thosemortgageupon the Seller securing Agreements from existing rt$s8e
holders to subordinate their mortgaged to the Easement and Operation Ag�orecmen4 Right of First
Refusal.
Page
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IN WrrNF.SS WIMMIt, the P-W- have hmmto set their hands and official w8b the
diky and year first sbOVO written.
page 3
DANNY L. KOLHAGE; CLERK
ATTEST:
C.
DEPUTY CLERK
APPROVED AS TO F^^"
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EXHIBIT "A"
LEGAL- DESCRIPTION Parent parcel not being conveyed
-TRACT EB, CU, EE, EC, ED, CS, CT OF PINE KEY ACRES, SECTION ONE, BIG PINE KEY,
,FLORIDA AS RECORDED IN OFFICIAL RECORDS BOOK 509, PAGE 1047 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; SAID TRACTS BEING IN THE NORTHWEST 1/4 OF
SECTION 2.6, TOWNSHIP 66 SOUTH, RANGE 29 EAST, ON BIG PINE KEY IN MONROE
COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE
AT THE SOUTHEAST CORNER OF THE SAID NORTHWEST 1/4 AND RUN THENCE NORTH ALONG
THE EAST BOUNDARY OF THE SAID NORTHWEST 1/4 FOR A DISTANCE OF 1062 FEET;
THENCE WEST FOR A DISTANCE OF 25 FEET TO THE POINT OF BEGINNING OF THE PARCEL
OF LAND BEING DESCRIBED HEREIN, SAID POINT OF BEGINNING BEING ON THE WEST
RIGHT OF WAY LINE OF WILDER ROAD (OFFICIAL RECORD BOOK 346, PAGE 540 OF THE
SAID PUBLIC RECORDS), SAID POINT OF BEGINNING BEING THE NORTHEAST CORNER OF
THE LANDS OWNED BY THE MARATHON BANK (OFFICIAL RECORD BOOK 768, PAGE 1968 OF
THE SAID PUBLIC RECORDS), AND SAID POINT OF BEGINNING ALSO BEING THE SOUTHEAST
CORNER OF THE SAID TRACT CS; FROM THE SAID POINT OF BEGINNING, RUN THENCE
NORTH ALONG THE WEST RIGHT. OF WAY LINE OF THE SAID WILDER ROAD AND ALONG THE
EAST BOUNDARY OF THE SAID TRACTS CS, CT, AND CU FOR A DISTANCE OF 667.38 FEET
TO THE NORTHEAST CORNER OF THE SAID TRACT CU; THENCE WEST ALONG THE NORTH
BOUNDARY OF THE SAID TRACTS CU. EB, AND EE FOR A DISTANCE OF 781.26 FEET TO
THE NORTHWEST CORNER OF THE SAID TRACT EE AND THE NORTHEASTERLY RIGHT OF WAY
LINE OF COUNTY ROAD 940, FORMERLY STATE ROAD (DEED BOOK G-7, PAGE 310 OF THE
SAID PUBLIC RECORDS), THENCE SOUTH 31°41'00" EAST ALONG THE SOUTHWESTERLY
BOUNDARY OF THE SAID TRACTS EE, EC AND ED AND ALONG THE NORTHEASTERLY RIGHT OF
WAY LINE OF THE SAID COUNTY ROAD 940 FOR A DISTANCE OF 782.42 FEET'TO THE
SOUTHWEST CORNER OF THE SAID TRACT ED AND THE NORTHWEST CORNER OF THE LANDS
DESCRIBED IN SAID OFFICIAL RECORD BOOK 768 AT PAGE 1968; THENCE RUN EAST 4LONG
THE SOUTH BOUNDARY OF THE SAID TRCTS ED AND CS AND ALONG THE NORTH BOUNDARY OF
THE, LANDS DESCRIBED IN SAID OFFICIAL RECORD BOOK 768 AT PAGE 1968 FOR A
DISTANCE OF 370.33 FEET BACK TO THE POINT OF BEGINNING,
25'
LOSS AND EXCEPT; Out parcel being conveyed; see below
THE'. III:REIN DESCRIBED OUT PARCEL LYING IN TRACT CS OF THE
-4 AFORE'MENTIONED PINE KEY ACRES;COMMENCE AT THE POINT OF BEGINNING
%0 OF THE ABOVE DESCRIBED PARCEL OF LAND; THENCE RUN EASTERLY ALONG
O THE SOUTH LINE OF'SAID TRACT CS FOR A DISTANCE OF 54.95 FEET;
"4 THENCE RUN NORTH 00000'00" EAST ALONG A LINE PARALLEL WITH THE WEST
(n RIGHT OF WAY LINT; OF SAID WILDER ROAD FOR A DISTANCE OF 145.00 FEET
Q TO T11E POINT Or BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE
W CONTINUE NORTH 00000'00" EAST, FOR A DISTANCE OF 40.00 FEET; THENCE
NOR'iH 90000'00" WEST, FOR A DISTANCE OF 60.00 FEET; -THENCE SOUTH
A 00000'00" EAST, FOR A DISTANCE. OF 40.00 FEET; THENCE NORTH
;j 90000'00" EAST, FOR A DISTANCE OF 60.00 FEET TO THE POINT OF
�-4 BEGINNING.
PARENT'PARCEL CONTAINING 8.832 ACRES,MORE OR LESS.
` OUT' -PARCEL CONTAINING 2400.00 SQUARE FEET, MORE OR LESS.
R vE i
.)HOPPING
PLAZA
PROJECT NO.:. 593
SHEET NO.: ONE OF: ONE
A
FASPAIFN'1' ANO O('It',(2A'flON A(TRF;1 �31?1\'7';
RIGHT OF FIRST RET1 ISM,
AGRETN II NI' made as of the day of . 1993 by and between
N,,IICIIfti:I, II. WEISSI7IZ (herein referred to as "1ti'FISSER") and 1\fONIZ(-)E COUNTY, a
municipal corporation, having otlices at Public Set -vice Building, Wittg 111, Stock Island, 5825
Junior College Road West, Kev \Vest, Florida 33040-4399 (herein refs-rred to as the "County").
1UTNESSFTI1:
«'II1TEAS, the County has acquired the: land, library building and i►nproverrrents located
Ilterein, in the Counly of Alonroe, State of Florida, on real properle.'.more particularly described on
I?xhibit A allaclted liereto and made a part hereof and depicted on Exhibit 13 atlac}led hereto and
made a part hereof (ilerei.nalier referred to as the "Property" or "Library"), which Property abuts
the land, and retail buildings and improvements located thereon, owned by "T"ISSER and more
particularly described on Fxllibit C attached hereto and also depicted on Exhibit B hereto (the
"Slloppnlg Center"); and
W11FREAS, the parties desire to enter into file IbIlowing agreements regarding the use ol�
the Properly, and Said conveyance is subiecl to the terms and conditions hereof: and
\VI IF I? F„A Is. 1V EISSFIR is the owncr of a curtain shoppinf► center and real properly
located at 13ig fine iiey Plaza Shopping ('enter in Big Pine hew, NJ
onroc County, Florida, and
more particularly described oil fire legal description attached hereto as Exhibit "U and
WHF,RFIAS, Ilse Coutltv is purchasing a portion of said property, to -wit: Two stores
which are part of' the "B" Building as described on file Survey attached hereto and marked Exhibit
"B"; and
WHEREIAS, the space being conveyed is part of a building known as Building "B" on the
attached survey and is shown on said survey and that the interior walls of said space being
conveyed are party walls with Ilse existing tenants on either side.. Ind
WHEREAS, the parties wish to eater into an agreement regarding said party walls and the
roof t►ousulg said Building "B".
N( V, '11II REFORE, for good and valuable consideration, the receipt and sufficienev of
which is hereby acknotwleclged by each, llte parties agree as follows:
Page 1
EXHIBIT "B"
1. (a) WEISSER hereby grants to the County a non-exclusive easement for ingress
and egress to acid front file Property across the barking areas, entrances. exits and driveways
located on the Shopping Center, (the, "Conuncm Areas"). WEISSI R may from time to time
without notice to or consent of the County change the location of the buildings "A" or "C"' and
ill iprovcnienls on late Shopping Cramer and the size and cotitiguration of barking areas, entrances,
exits and driveways for the Shopping Center; brdrvided. however, that any such change shall not
reduce the number ol' parking Spaces readily accessible to the library building. WUSSLR shall not
change the location of building "I3" without the express written consent of the County.
(b) WEISSER hereby grants to the County a non-exclusive right to connect to and
utilize the utility service lutes oil the Coinrtion Areas installed by W ISSER, provided, however,
that in connecting to such utility lines the Courtly shall trot impede or restict vehicular or
pedestrian traffic upon and across the parking areas, entrances, exits and driveways located within
the Cornrtton Areas. All utility lines shall he underground. No utility lines shall be installed
without the Prior approval of WEISSI R. and the Counly shall complete installation of the utility
lines as soon as possible I011owing the comtnencetnent of installation and restore any property
alfected thereby to as good (or be(ler) condition as existed prior to installation. Any installation
shall be perlornned in a manner so as not to unreasonably interfere with the operation of' the
Shoppnnk C'cnlcr.
(c) «'KISSER hereby grants to the County a non-exclusive right to connect to and
utilize the storm and sanitary sewer lines and wastewater treatment plant installed by ATISSKR.
provided that file County shall pay a portion of the cost to maintain and operate such facility. The
charge to the County for the use of the said stonn and sanitary sewer lines and wastewater
treatment plant shrill be based upon the amount of water used by (lie Counly on the premises
described in Lxhibit "A" and said charge shall he computed by rtnrJtiplying Ilse number of' galloris
used by the litclor off lid cents per gallon.
(d) The County shall pay its pro rata share of insurance and maintenance of the
conunon areas including parking areas, entrances, exits, and driveways, currently $I .()0 per square
foot, for all annual sum of $2,400.00; provided, however, that such percentage shall be stnlliect to
periodic adjustment (but not more than once every 1.2 months). In the event that the Countv's
actual pro rata share of common area maintenance and/or insurance exceeds the stint of $2,400.00
per annum, then lite County agrees to pay any such increases. In no event shall file amount paid
for coinnion area maintenance and insurance be less than $2,400.00 per annum. Said sum shall be
paid annually in advance tine first payment being due on the date that the transaction closes.
2. (a) No use of' the Property shall interfere with (lie use of the Conntnon ;areas or
impede the lire flow ol, pedestrian or vehicular trallic thereon. Furlher. the C'ounty's employees
shall park in the parking area at (lie rear ol' the subject properly so as to leave spaces in the Ii•ont of
the property for public use.
Page Z
(b) In the event the Councy shall receive front a third pally at any tithe a bona fide
oiler to purchase the Property and life County shall decide to accept the offer, the County shall
promptly give Weisser notice of the lernis and copy of such olfer and o1' Ihc; C'ounty's willingness
to sell the Properly for the price and on the Perms offered, Weisser shall have the Right of First
Refusal to purchase the Property liar the sank price and on the same. Icrtns. Such IZiglll of l ic�l
Refusal shall be exercised wllllin twenty (20) clays alter Weisser receives notice Irotrl the County,
by Weisser notifying the County in writing that it will purchas., the Property for the saute price and
on the same terms. I►► the event Weisser shall not give the County notice within said twenty (20)
day period of its election to purchase the Property for the same price and on the same terms
contained in said ofl:er, the first refusal option shall he extinguished. If for ally reason the Property
is not sold to such party notice of any subsequent bona fide offers, acceptable to the County, shall
be given to Weisser upon the sar►te terms and conditions for acceptance or rejection as hereinabove
provided.
3. \Bile the property is owned by the C'ounly, or by a local, state or le.dcral government
culify Thal lakes Ilrc properly in live simple by, Ihlrough or under the CounlN', file properly may he
used for a public library or any governmental purpose, including but not limited to governmental
meeting rooms, educalional facilities or govermnetltal oflices.
4. There are hereby declared and established the following restrictions and operating
agreements regarding tale Property:
(a) The Property and any improvements lltereon shall be continuously maintained
and repaired, so as to at all times he in a first class condition, tree and clear of all debris.
(b) No use of the Properly shall increase the Lire hazard of- lire insurance rating for
the Shoppuig C."cnler or in any way present a danger or hazard. to the employees and customers of'
the Shopping Center. The County shall not, without WEISSER'S prior written consent, keep
anything within the building oil the Properly t►or use suell premises for any purposes Which
increases the insurance premium cost or invalidates any insurance policy carried on the building of -
other pails of the Shopping Center.
(c) In the event of destruction or damage from fire or any casually to any buildings
or improvements on the Properly, the County shall, at its sole cost and expense, promptly (i)
rebuild and repair file same to at icast substantially the same sire and as good a condition as such
was in in►nledliately preceding; such destruction or damage, or (ii) level or pave the area whcre the
buildings and in►prov-cmcnls were dleslroYcd or damag,cd so Thal file allecicd arca contorrr►s
substantially to the surrounding areas.
Page 3
(d) The County shall take such reasonable measures as required from little to time
to cause the librail, employees and customers, and all other persons attending meetings or
functions which are being field in the Library to park their vehicles only in designated parking areas
withal the Common Areas and not to inter-lere with the use of the Common Areas of the Shopping
Center or impede the Ircc flow of vehicular or pedes(rian traffic Ilrereon.
(e) The Counly may, at its oevtt expense, from tittle to time, lake such interior
non-structural alteralions in and to its building as it tnav deem necessary or suitable tier its use
thereof. The County shall not ,take any exterior or structural changes to the building on the
Properly without WEISSER'S consent, which consent shalt not be unreasonably withheld, delaved
or conditioned. The term "structural changes", as used herein, shall not include naming of
non -load beating partitions, minor plumbing and electrical work, modification and rearrangement
Of fixtures or otlicr mirror changes.
(I) The County shall be permi(led to erect. install or maintain a lemporary or
permanent sigrl of] the Properly or on the exterior of ils building, so ion;! as said sign complies with
Ihc: regulations contained within the N,lonroc County Code.
5. WFISSi?R shall have a continuing oblitiahon to repair and%or repave the common area
parking as may be necessary as well as maintain fire common area, including landscaping.
G. In the event WEISSFT shall have a bona fide offer to purchase one or both of the
units adjacent to the County's property which WEISSER desires (o accept, WEISSER shall notify
the County in writing of such bona fide after stating the price and other terms thereof, The
County shall have 60 days tollowurg the mailing of this written notice within which to notify
1N'EISSER in writing as to whether the County desires to purchase one or both of the units
adjaccnl to the County's property at the same price and on the same terms as contained in the bona
fide offer received by WTISSER. If" the County elects to purchase one or both of" tine units
adjacent to the Counly's properly, `VEJSSFR steal] convey these premises to the County for the
price and on the terms contained in the bona fide offer. This paragraph shall not be effective in
the event WEISSER receives an ofTer to purchase lire entire shopping center owned by, hum, in
which event the County shall not have a right of first refusal as provided for herein.
7. 1VVEISSIR does hereby assign, covenant and agree with the County and its assigns, that
(lie County and its assigns shall have a perpetual easement for (lie joint use of said party wall. The
parties hereto shall each have the full tight to use said patty wall for the insertion of beams or
otherwise support the erection of buildings on their respective prellliscs: provided, however, that
such use shall not Inturc (Ile ad.joilling huilcling space and shall not impair the value of the easement
to which the adjoining building is cmlillcd. if it shall become necessary to repair or rebuild the wall
Page 4
or any portion thereof as constructed or extended, file cost of such repair and rebuilding as to such
portions of the wall at the little used by both patties shall he at the expense ol' both in equal shares
and as to any remaining portion shall be wholly at Cite expense of the party who shal.l exclusively
use that portion. Irt file event that lire party wall is totally or partially destro�'ed by lire or other
causes by either of the parties hereto, their successors, heirs or assigns shall have the right to
reconstruct (lie Same at his owil expense alone if he ]]one intends to continue the use of Cite party
wall, or it shall be at the expense of both parties in the event that both intend to continue the use of
the party wall. 'Phis .,kgrecmeni shall be perpetual Ior so tong as such wall shall stand and shall
constitute an easement and a covenant running with the land, provided honvever, that nothing
herein contained shall be constmed as a conveyance by either party of liis respective right to the
tree of the land upon which lite party wall shall stand. In lire event the roof over the Building "B"
needs repau. the eost of said repair shall be apportioned on a pro rasa basis based on the square
foot percentage of Ilse Countv's ownership of Building "13" compared to the total square fibotage of
Building "B". This instrument contains the entire agreement between the parties relating to the
rights herein granted with respect to the party wall and the obligations herein assumed. Anti' oral
representations or modifications concerning the instrument shall he of no force and cheer except in
a subsequent modification in writing signed by boll, parties.
8. WFUSSi?R expressly aguccs herein not to lease units adjaccnl (e► file C'ounly's units to
iCSSCcs (i►r uses inconsistent with Illu C'ounk"s use as a public library I;tcilily.
1). It is ntultially agrced that This , guccntcni shall be construed and interpreted as it
drafted by each party and it is fimther acknowledged Thal this ;Agreement is the product of'
negotiations between the parties, and shall not be construed or interpreted against either party
based on its being the drafter of this Agreement.
10. all notices, requests, demands and other communications hereunder shall be in writing
and shall he decutcd to have been duly given if mailed by registered or certified nnail will, postage
prepaid:
(a) If to WEISSER, to Michael Weisser at Great \Vestern Bank Building
18301 i3iscayne Blvd., 2nd Floor N. Nliarni Beach, Fl, 33160
(b) if to the County, to:
Mayor of Monroe County, C O County Attorney 310 FIcuting
Street, Key West, Fl, 33040
with a copy to:
Aionroc COUnty Administrator, Public Service Building, 5825 ,iunior
t'ollcl,c Road, Stock Island, Kcv 1Ves1, IT ?3l),m.
or to such ollter addressees as shall he tiu'nished in writing by either Marty to the ollter.
Page. 5
11. The restrictions, covenants, obligations and agreements contained herein shill run with
the land, mid shall be bittdirtg upon and shall inure to the benelit of the heirs, personal
representatives, successor;s, transferees and assigns of the patties hereto.
12. In Ilse event of any -6olation or threatened violation by the County of any of the terms,
covenants, restrictions and conditions contained herein (i) WEISSER shall have no obligation to
enforce the fetus hcreol; or any liability for any such breach by the Comity, and (ii) in addition to
the other remedies herein proOded, any or all of the owners and tenants of the Shopping Center
shall have the right to eujoi.n such violation or threatened -violation in a court of competent
jutysdiction. The prevailing part' in any litigation shall be entitled to recover. in addition to any
outer damages awarded by the court, its court costs and reasonable allorneys' Ices incurred in
connection with such litigation.
13. If -any clause, sentence or other portion ol' this .Agreement shall become illegal , null or
void for any reason, or shall he held by any court of competent jurisdiction to be so, the remaining
portions thereof shall remain in litll force and ellecl.
14. All conveyances of all or any portion of the Property subsequent to the (late hereof
shall recite that Ihcv arc subiccl and subordinate to the Icrnts and provisions hcreol:
IN WITNFSS 14-I IFIRI,CW. the parlies hereto have executed Ihis ;\tarecntenl the day and
year first hereinabove set 160h.
,wrrNE SSED:
MICHAEL, 1-1. WEISSER
.Attest: DANNY L. kOI,I IiWF, (_'lerk BOAT-W (A- COUN'1'Y CONINIISSIONFRS
OF MONROE C'OUNI'Y. FLORIDA
Clerk
Page 6
Alayor/C'hmmian
STATE' O FJ..()Itll.>.1
The i:orcgoing nlslrllitleilt \Vas acknowledged bc.[ol-c me iiiis day of
1993, by N Iichacl 11. Weisser.
Nly Commission 1?Xllires: Notary Public . Stale of'Florida
Page 7
815630 PEci28285
CORRECTED PARTIAL RELEASE OF MORTGAGE
OL
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, MICHAEL H. WEISSER, Mortgagor, by Indenture of
Mortgage bearing date the 26th day of April, 1990, and recorded in
the office of the Clerk of the Circuit Court in and for the County
of Monroe, State of Florida, in Official Records Book 1130, Page
515 with modifications in Official Records Book 1176, Page 673;
Official Records Book 1201, Page 1564; and Official Records Book
1242, Page 498 mortgaged unto NORTHERN TRUST BANK OF FLORIDA, N.A.,
and its assigns, mortgagee, the premises therein particularly
described, to secure the payment of the sum of THREE MILLION FOUR
HUNDRED THOUSAND AND N0/100 ($3,400,000.00) DOLLARS, with interest
as therein mentioned;
AND WHEREAS, the said Mortgagor has requested the said
Mortgagee, to release the premises hereinafter described, being
part of said mortgaged premises, from the lien and operation of
said Mortgage;
NOW, THEREFORE, KNOW YE, That the said Mortgagor, as well in
consideration of the premises as of the sum of $-0- to it paid by
the said Mortgagee, at the time of the execution hereof, the
receipt whereof is hereby acknowledged, does remise, release, quit-
claim, exonerate and discharge from the lien and operation of said
mortgage unto the said Mortgagor, his heirs and assigns, all that
piece, parcel, or tract of land, being a part of the premises
conveyed by said mortgage, to -wit:
See Exhibit "A" Attached hereto
TO HAVE AND TO HOLD the same, with the appurtenances, unto the said
Mortgagor, his heirs and assigns forever, freed, exonerated and
discharged of and from the lien of said mortgage, as it pertains to
that portion of the Real Property decribed in Exhibit "A" only, and
every part thereof; Provided, always, nevertheless, that nothing
herein contained shall in anywise impair, alter or diminish the
effect, lien or encumbrance of the aforesaid Mortgage on the
remaining part of said mortgaged premises not hereby released
therefrom, or any of the rights and remedies of the holder thereof.
U
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815630 OFF REc�285PAU287
EXHIBIT "A"
THE HEREIN DESCRIBED.OUT PARCEL LYING IN TRACT CS OF THE PINE
KE;Y ACRES; COMMENCE AT THE POINT OF BEGINNING OF THE ABOVE
DESCRIBED PARCEL OF LAND; THENCE RUN EASTERLY ALONG THE SOUTH
LINE OF SAID TRACT CS FOR A DISTANCE OF 54.95 FEET; THENCE RUN
NORTH 00° 00' 00" EAST ALONG A LINE PARALLEL WITH THE WEST RIGHT
OF WAY LINE OF SAID WILDER ROAD FOR A DISTANCE OF 145.00 FEET TO
THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE
CONTINUE NORTH 000 00' 00" EAST, FOR A DISTANCE OF 40.00 FEET;
THENCE NORTH 90° 00' 00" WEST, FOR A DISTANCE OF 60.00 FEET;
THENCE SOUTH 00° 00' 00" EAST FOR A DISTANCE OF 40.00 FEET;
THENCE NORTH 90` 00' 00" EAST, FOR A DISTANCE OF 60.00 FEET TO
THE POINT OF BEGINNING.
OUT PARCEL CONTAINING 2400.00 SQUARE FEET, MORE OR LESS.
NORTHERN TRUST BANK OF FLORIDA N.A.
BY:
Kevin Mill
Vice Presi ent
a
4
815630 ktc1285PAGE 0286
IN WITNESS WHEREOF, the said Mortgagee has caused these
presents to be executed in its name, and its corporateseal to be
hereunto affixed by its proper officers thereunto dulyr authorized
this 44e% day of December, 1993.
Signed, Sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF DADE
NORTHERN TRUST,, AN3 QFF LPRIDA,
BY
Vice i'
ATTESTED BYe-
,.� tritllt�
r�
I HEREBY CERTIFY that on this day, before me., an officer duly
authorized in the State and Count aforesaid to take
acknowledgements, personally appeared ;Ile. " J Zo h�
well , knowp to me to be the and C)/�p��
Assf- , respectively, of the corporation partially
releasing the mortgagA in the foregoing instrument, and that they
severally acknowledged executing the same in the presence of two
subscribing witnesses freely and voluntarily under authority duly
vested in them by said corporation and that the seal affixed
thereto is the true corporate seal of said corporation.
WITNESS my hand and official seal in the County and State last
aforesaid this 71A--d'ay of December, 1993.
G; a
NOT PUBLIC
My Commission Expires: =��►�-�1 ��� °:. �;"' °..`3`
NOTARY PUBLIC; STA f> : _ . ._".� t : :r?,h:'. °OOeoa:.•' w�
MY COMFAiWON �`ii ..,.. ii�9: S
BONDED THRU S , i. ..t
8l4477 RE'1283►A612419
PC'
PARTIAL RELEASE OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, MICHAEL H. WEISSER, Mortgagor, by Indenture of
Mortgage bearing date the 26th day of April, 1990, and recorded in
the office of the Clerk of the Circuit Court in and for the County
of Monroe, State of Florida, in Official Records Book 1130 ,
Page 515 mortgaged unto NORTHERN TRUST BANK OF FLORIDA, N.A.,
and' its assigns, mortgagee, the premises therein particularly
described, to secure the payment of the sum of THREE MILLION FOUR
HUNDRED THOUSAND AND N0/100 ($3,400,000.00) DOLLARS, with interest
as therein mentioned;
AND WHEREAS, the said Mortgagor has requested the said Mortgagee,
to release the premises hereinafter described, being part of said
mortgaged premises, from the lien and operation of said Mortgage;
NOW THEREFORE; KNOW YE, That the said Mortgagor, as well in
consideration of the premises as of the sum of $-0- to it paid by
the said Mortgagee, at the time of the execution hereof, the
receipt whereof is hereby acknowledged, does remise, release, quit-
claim, exonerate and discharge from the lien and operation of said
mortgage unto the said Mortgagor, his heirs and assigns, all that
piece, parcel or tract of land, being a part of the premises
conveyed by said mortgage, to -wit: LD w :_Z
70-
o
See Exhibit "A" Attached hereto r'
CL
TO HAVE AND TO HOLD the same, with the appurtenances, unt; , the ;said
Mortgagor, his heirs and assigns forever, freed,' exonerated and
discharged of and from the lien of said mortgage*, and every part
thereof; Provided always, nevertheless, that nothing herein
contained shall in anywise impair, alter or diminish the effect,
lien or incumbrance of the aforesaid Mortgage on the remaining part
of said mortgaged premises not hereby released therefrom, or any of
the rights and remedies of the holder thereof.
IN WITNESS WHEREOF, the said Mortgagee has caused these presents
to be executed in its name, and its corporate seal to be hereuntop
affixed, by ' proper officers thereunto duly authorized this / t�
day of Nbv ts , 1993.
Signed, Sealed and delivered
in the presence of:
NORTHERN TRUST BANK Jr, F`Z;0R1%A;,
N.A. -
9
o
BY - -
Vice p
1-3
* as it per ains to that portion of the ATTESTED BY
Real Property described in Exhibit "A" only
814477 REC1283rAGE2420
STATE OF FLORIDA
COUNTY OF TaAee
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County afores id to take
acknowledgements, personally appeared rke
well known to me to be theq%,PPresident and ,
respectively, of the corporation partially releasing the mortgage
described in the foregoing instrument, and that they severally
acknowledged executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested in
them by said corporation and that the seal affixed thereto is the
true corporate said of said corporation.
WITNESS my hand and official seal in
aforesaid this IQj day of Adyem a"--, 19
This Instrument Prepared by:
Michael H. Weisser
18301 Biscayne Boulevard
2nd Floor
North Miami Beach, FL 33160
County and State last
kt�
�j I 00hM�01\ Of `'o
MERCEDES BERM CQ-(iARCIA
_.. .: MY COMMISSION / CC 318M
o EXPIRES: September 22. 1997
Bowled Thm Notary Pubic Undervrritm
81 4411 arc 1 283 PAGE24.2 1
EXHIBIT "A"
THE HEREIN DESCRIBED OUT PARCEL LYING IN TRACT CS OF THE PINE
KEY ACRES; COMMENCE AT THE POINT OF BEGINNING OF THE ABOVE
DESCRIBED PARCEL OF LAND; THENCE RUN EASTERLY ALONG THE SOUTH
LINE OF SAID TRACT CS FOR A DISTANCE OF 54.95 FEET; THENCE RUN
NORTH 000 00' 00" EAST ALONG A LINE PARALLEL WITH THE WEST RIGHT
OF WAY LINE OF SAID WILDER ROAD FOR A DISTANCE OF 145.00 FEET TO
THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE
CONTINUE NORTH 000 00' 00" EAST, FOR A DISTANCE OF 40.00 FEET;
THENCE NORTH 90° 00' 00" WEST, FOR A DISTANCE OF 60.00 FEET;
THENCE SOUTH 000 00' 00" EAST FOR A DISTANCE OF 40.00 FEET;
THENCE NORTH 909 00' 00" EAST, FOR A DISTANCE OF 60.00 FEET TO
THE POINT OF BEGINNING.
OUT PARCEL CONTAINING 2400.00 SQUARE FEET, MORE OR LESS.
NORTHE N TRUST BANK OF FLORIDA N.A.
BY:
Kev' J. Miller
Vice President
t •� T �� �y� '1��� tf' '' '. t '�yf 11' L('' Y,
'S�'Tt??gg+��'•3}+,,�+Pa.
EXHIBIT
LEGAL DESCRIPTION
TRACT EB, CU, EE, EC, ED, CS, CT OF PINE KEY ACRES, SECTION ONE, BIG PINE KEY
FLORIDA AS RECORDED IN OFFICIAL RECORDS BOOK 509, PAGE 1047'OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; SAID TRACTS BEING IN THE NORTHWEST 1/4 OF
SECTION 26, TOWNSHIP 66 SOUTH, RANGE 29 EAST, ON BIG PINE KEY IN MONROE
COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE
AT THE SOUTHEAST CORNER OF THE SAID NORTHWEST 1/4 AND RUN THENCE NORTH ALONG
THE EAST BOUNDARY OF THE SAID NORTHWEST 1/4 FOR A DISTANCE OF 1062 FEET;
1; THENCE WEST FOR A DISTANCE OF 25 FEET TO THE POINT OF BEGINNING OF THE PARCEL
OF LAND BEING DESCRIBED HEREIN, SAID POINT OF BEGINNING BEING ON THE WEST
RIGHT OF WAY LINE OF WILDER ROAD (OFFICIAL RECORD BOOK 346, PAGE 540 OF THE
SAID PUBLIC RECORDS), SAID POINT OF BEGINNING BEING THE NORTHEAST CORNER OF
THE LANDS OWNED BY THE MARATHON BANK (OFFICIAL RECORD BOOK 768, PAGE 1968 OF
THE SAID PUBLIC RECORDS), AND SAID POINT OF BEGINNING ALSO BEING THE SOUTHEAS'
CORNER OF THE SAID TRACT CS; FROM THE SAID POINT OF BEGINNING, RUN THENCE
NORTH ALONG THE WEST RIGHT. OF WAY LINE OF THE SAID WILDER ROAD AND ALONG THE
EAST BOUNDARY OF THE SAID TRACTS CS, CT, AND CU FOR A DISTANCE OF 667.38 FEET
TO THE NORTHEAST CORNER OF THE SAID TRACT CU; THENCE WEST ALONG THE NORTH
BOUNDARY OF THE SAID TRACTS CU, EB, AND EE FOR A DISTANCE OF 781.26 FEET TO
THE NORTHWEST CORNER OF THE SAID TRACT EE AND THE NORTHEASTERLY RIGHT OF WAY
LINE OF COUNTY ROAD 940, FORMERLY STATE ROAD (DEED BOOK G-7, PAGE 310 OF THE
SAID PUBLIC RECORDS), THENCE SOUTH 31°41'00" EAST ALONG THE SOUTHWESTERLY
BOUNDARY OF THE SAID TRACTS EE, EC AND ED AND ALONG THE NORTHEASTERLY RIGHT OF
WAY LINE OF THE SAID COUNTY ROAD 940 FOR A DISTANCE OF 782.42 FEET TO THE
SOUTHWEST CORNER OF. THE SAID TRACT ED AND THE NORTHWEST CORNER OF THE LANDS
DESCRIBED IN SAID OFFICIAL RECORD BOOK. 768 AT PAGE 1968; THENCE RUN EAST ALONG
THE SOUTH BOUNDARY OF THE SAID TRCTS ED AND CS AND ALONG THE NORTH BOUNDARY OF
THE LANDS DESCRIBED IN SAID OFFICIAL RECORD BOOK 768 AT PAGE 1-9,68 FOR A
DISTANCE OF 370.33 FEET BACK TO THE POINT OF BEGINNING,
i,E•:5;S AND EXCEPT;
'I Hl' HER1 IN DESCRIBED OUT PARCEL LYING IN TRACT CS OF THE
AFORIME'NTIONED PINE KEY ACRES;COMMENCE AT THE POINT OF BEGINNING
O *F11: ABOVE DESCRIBED PARCEL OFa LAND; THENCE RUN EASTERLY ALONG
THE SOUTH LINE OF * SAID TRACT CS FOR A DISTANCE OF 54.95 FEET;
' HE.NCE RUN NORTH 00000' 00 EAST- ALONG A LINE PARALLEL WITH THE WEST
R r'-ja OF WAY LINE OF SAID WILDER ROAD FOR A DISTANCE OF 145.00 FEET
i (1 `t'11E POTNT Of IIPGTNNING OF THE PARCEL HEREIN DESCRIBED; THENCE
CONTINUE NORTH 00"00' 00" EAST, FOR A DISTANCE OF 40. 00. FEET; THENCE
NORTH 90000'00" WEST, FOR A DISTANCE OF 60.00 FEET; THENCE SOUTH
00000'00" EAST, FOR A DISTANCE OF 40.00 FEET; THENCE NORTH
90-00-00" EAST, FOR A DISTANCE OF 60.00 FEET TO THE POINT OF
BEG't NN T NG .
PARENT PARCEL CONTAINTNG 8.832 ACRES, MORE OR LESS.
OUT PARCEL CONTAIN I. NG 2400.00 SQUARE FEET, MORE OR LESS.
NORTH E TRUST BANK OF FLORIDA N.A.
BY: K in J. Miller
Vice President
a. �c1ed l Covr?Y flodda
N �jv-�a
erlfled �S,Gr
1C Cam
814479 REc1283PAR2426
SUBORDINATION AND NON -DISTURBANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
0V44w1zkr , 1993, by and between NORTHERN TRUST BANK OF FLORIDA,
N.A., a national banking association, licensed and doing business
in the State of Florida (hereinafter referred to as the
"NORTHERN"), whose address is 700 Brickell Avenue, Miami, FL
33131, and MICHAEL H. WEISSER d/b/a Big Pine Key Plaza Shopping
Center, a resident of the State of Florida, (hereinafter referred
to as the "WEISSER") whose address is 18301 Biscayne Boulevard, 2nd
Floor, North Miami Beach, FL 33160, and MONROE COUNTY, a municipal
corporation (hereinafter referred to as "MONROE") whose address is
5825 Junior College Road West, Key West, FL 33040.
PRELIMINARY STATEMENT OF FACTS:
WHEREAS, Weisser has entered into an Agreement to sell a
portion of a shopping center known as the Big Pine Key Plaza
Shopping Center, the legal description of which is attached hereto
and marked Exhibit "A"; and
WHEREAS, Monroe County has agreed to purchase said portion
pursuant to a Purchase and Sale Agreement entered into between -tile
parties; and
WHEREAS, Northern is the holder of a first mortgage
encumbering all of said premises, including the propertyf' being
transferred to Monroe County; and
WHEREAS, the parties hereto wish to enter into. a Subord at�n
and Non -Disturbance Agreement with respect to an easement and
operation agreement/right of first refusal, Exhibit "B" attach,6d
hereto.
NOW, THEREFORE, in consideration of the sum of TEN AND NO/100
($10.00) DOLLARS and other good and valuable consideration, the
mutual receipt and sufficiency of which is hereby acknowledged by
all parties, the parties hereto do hereby agree as follows:
1. Subordination. The Mortgage and the rights of the
Mortgagee to and under said Mortgage in and to the premises* are
hereby subject to and subordinated and shall remain in all respects
and for all purposes subject, subordinate and junior to the lien of
the easement and operation agreement/right of first refusal dated
the 5th day of November, 1993, by and between Michael H. Weisser
and Monroe County, Exhibit "B" attached hereto. As a result the
parties agree that Exhibit "B" shall be deemed superior in right,
title and interest to the Mortgage of Northern Trust Bank of
Florida, N.A. as though Exhibit "B" had been executed and recorded
prior to the recordation of said Mortgage.
+� 2. This Agreement and each and every covenant, agreement and
* described in Exhibit "A"
0
814479 °R''Ec1283PAGE2427
other provision hereof shall be binding upon the parties hereto and
their heirs, administrators, representatives, successors and
assigns and shall inure to the benefit of Monroe County, its
successors and assigns.
IN WITNESS WHEREOF the parties hereto have set their hands and
seals the day and year first above written.
,/ ME i Imo`, 3
NORT TRUST BANK OF FLORIDA, N.A.
BY
K44n 9. Miller
,n Vice esi en�` "1—_
MONROE
BY
M1/11 /CHAIRMAN
(SEAL) iwwy u xoLHAGE, Cher* ° '
4 .
e
f
ATTEST: C. s
DEPUTY CLERK10004
tL.
8 144 79 REc1283PACE2428
STATE OF f t"Y j OJ
COUNTY OF A oade
BEFORE ME, the undersigned authority personally appeared
M-- O r authorized to execute the foregoing on
behalf of Northern Trust Bank of Florida, N.A., who is personally
known to me and who executed the foregoing document.
SWORN TO AND SUBSCRIBED before me this lr)' day of November,
1993.
T Y P
My Commission Expires:
`,ti��:'r MERCEDES BERMUDEZ-GARCIA
._ MY COMMISSION N CC 3180b2
d EXPIRES: Sewnba 22, 1997
Boo Thru Notary Pubic Under ft'
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority personally appeared
MICHAEL H. WEISSER who after being by me first duly sworn deposes
and says that he executed the above document and he is personally
known to me and did not take an oath.
SWORN TO AND SUBSCRIBED before me this day of November,
1993.
My Commission Expires:
STATE OF
COUNTY OF
NOTARY LIC V M.
&.e,
KIM M R"'y
Notory TATE OF FLORIDA I
Public My Comm ExPW*/93
BONDED
BEFORE ME, the undersigned authority personally appeared
ISABEL C. DESANTIS who is authorized to execute the above
document on behalf of MONROE COUNTY, and who is personally known to
me and who did not take an oath.
SWORN TO AND SUBSCRIBED before
1993.
My Commission Expires:
me this Ith ._
�T✓
ALVIN SMITH, JR.
+:My COMMISSION 0 CC30&W EXPIRES
�,-' JDIy 29, 1997
4,`„h 8C)'"D THRU TWY FAIN INS WNCE. INC.
814479 OREC
FF 1283 A612429
EXHIBIT "A"
THE HEREIN DESCRIBED OUT PARCEL LYING IN TRACT CS OF THE PINE
KEY ACRES; COMMENCE AT THE POINT OF BEGINNING OF THE ABOVE
DESCRIBED PARCEL OF LAND; THENCE RUN EASTERLY ALONG THE SOUTH
LINE OF SAID TRACT CS FOR A DISTANCE OF 54.95 FEET; THENCE RUN
NORTH 00° 00' 00" EAST ALONG A LINE PARALLEL WITH THE WEST RIGHT
OF WAY LINE OF SAID WILDER ROAD FOR A DISTANCE OF 145.00 FEET TO
THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE
CONTINUE NORTH 00* 00' 00" EAST, FOR A DISTANCE OF 40.00 FEET;
THENCE NORTH 900 00' 00" WEST, FOR A DISTANCE OF 60.00 FEET;
THENCE SOUTH 00* 00' 00" EAST FOR A DISTANCE OF 40.00 FEET;
THENCE NORTH 90° 00' 00" EAST, FOR A DISTANCE OF 60.00 FEET TO
THE POINT OF BEGINNING.
OUT PARCEL CONTAINING 2400.00 SQUARE FEET, MORE OR LESS.
NORTHE N TRUST BANK OF FLORIDA N.A.
BY:
Kev n L Miller
Vice President
814479 REc1283PAGE2430
EXHIBIT "B"
,
AGREEMENT nude ae of the 6Iky
day of M_---, 1993 by Mnd between
MICHAEL It. WEISSER (herein re erred to as "WEISSER") and MONROE COUNTY, a
municipal cogwration, having offices at Public Servicc Building, Wing I14 Stank Islands 5925
Junior College Road West, Key Wcst, Elorida 33040-4399 (herein referred to as the "County").
WfINESSE'TH:
WHEREAS, the Crnutty has Acquired the land, Library bulldh* and impravomenle located
therein, in the County of Monroe, State of Florida, more particularly described in Part I of Exhibit
A attached hereto and made a part hereof and depicted on Exhibit l3 attached hereto and nude a
part hereof (hereinafter referred to as the "Property" or "library" ), which Property abuts the land,
and retail buildings and improvements located thereon, owned by WEISSER and described in Pats
i1 of Exhibit A attached hereto and also depicted on Exhibit B hereto (the "Shopping Canter"); and
WIIEREAS, the parties desire to enter into the following agreatnents regarding the use of
the Property, and said conveyance is subject to the terms and conditions hereof, and
WHEREAS, WEISSER is the owner of it certain shopping contor and mal property
located at Big Pine Key Plana Shopping Center in Big Pine Key, Munroe County, Florida, and
more particularly described on tho legal description allaehod hereto as Part II, Exhibit A; and
WHEREAS, the County is purchasing a portion of said property, to -wit: Two stores
located to the "B" Building as described on the Surmy attached hereto and marked Exhibit "B";
and
WHEREAS, the space being co wgod is inside of a building known as Building "B" on
the attached survey and is shown on said sutvay and drat the interior walls of said space being
cottveyed Are party walls with the existing tenants on either side; and
WHEREAS, the patties wish to enter into an agreement regarding said patty walls and the
roof lousing said Building "H".
NOW, 111EREFORE, for good and valuable coneldcration, the receipt and sulltoiency of
which is hereby acknowledged by each, the parties agree as follows:
814479 ROFF
GC1283rn6E2431
1. (a) Ww'EISaER hereby grants to the County a non-exclusive casement for ingress
and egress to and from the property across the parking areas, entrances, exits and driveways
located on the Shopping Center, (the "Common Areas"). WEISSER may from time to time
without notice to or consent of the County change the location of the buildings "A" or "C" and
improvements on the Shopping Center and the size and configuration of parking areas, entrances,
exits and driveways for the Shopping Center; provided, however, that any such change shall not
reduce the number of parking spaces readily accessible to the library building. WEISSER shall not
chango the location of building "B" without the express written consent of the County.
(b) WEISSER hereby grants to the County a non-exclusive right to connect to and
utilize the utility service lines on the Common Areas installed by WEISSER, provided, however,
that in connecting to such utility lines the County shall not impede or restrict vehicular or
pedestrian traffic upon and across the parking areas, entrances, exits and driveways located within
the Common Areas. All utility lines shall be underground. No utility lines shall be installed
without the prior approval of WEISSER. and the County shall complete installation of the utility
lines as soon as possible following the coinmonccment of installation and restore any property
affected thereby to as good (or better) condition as existed prior to installation. Any installation
shall be performed in a manner so as not to unreasonably interfere with the operation of the
Shopping Center.
(c) WEISSER hereby grants to the County a non -exclusives right to connect to and
utilize the storm and sanitary sewer lines and wastewater treatment plant installed by WEISSER,
provided that the County shall pay a portion of the cost to maintain and operate such facility. The
charge to the County for the use of the said storm and sanitary sewer lines and wastewater
treatment plant shall be based upon the amount of water used by the County on the premises
described in Exhibit "A", and said charge shall be computed by multiplying the number of gallons
used by the factor of 1 114 cents per gallon.
(d) The County shall pay its pro rats share of insurance and maintenance of the
common areas including parking areas, entrances, exits, and driveways, currently $1.00 per square
foot, for an annual sum of $2,400.00; provided. however, that such percentage shall be subject to
periodic adjustment (but not more than once every 12 months). In the event that the C'_.ountys
actual pro rata share of common area maintenance and/or insurance exceeds the sum of S2,400.00
per annum, then the County agrees to pay any such increases. In no event shall the amount paid
for wmmon area maintenance and insurance be less than $2,400.00 per annum. Said sum shall be
paid annually in advance the first payment being due on the date that the transaction closes.
2. (a) No use of the Property shall interfere with the use of the Common Areas or
impede the free tiow of pedestrian or vehicular traffic thereon. Further, the County's employees
shall park in the pmidng area at the roar of the subject property so as to leave spaces in the front of
the property for public use.
Page 2
814479 R'Ec1283it" „GE2432
(b) In the event the County shaft receive from a third party at shy time a bona fide
offer to purchase the Property and the County &hall decide to accept the offer, the County shall
promptly give Weisser notice of the terms and copy of such offer and of the C:ounty's willingiress
to all the Property for the price and on the terms offered, Weisser shall have the Right of First
Refusal to purchase the Property for the same price and on the Lame terms. Such Right of First
Refusal shall be exercised within twenty (20) days after Weisser receives notice from the t~ounty,
by Weisser notifying the County in writing that it will purchase the Property for the same price and
on the same terms. In the event Weisser shall not give the County notice within said twenty (20)
day period of its election to purchase the Property for the same price and on the same terms
contained in said off", the first refusal option shall be extinguished. If for any reason the Property
is not sold to such party notice of any subsequent bona fide offers, acceptable to the County, shall
be given to Weisser upon the same terms and conditions for acceptance or rejection as hereinabove
provided-
3. While the property is owned by the County, or by a local, state or federal govcMment
entity that take& the property in fee simple by, through or under the County, the property may be
used for a public library or any governmental purpose, including but not limited to governmental
meeting nxnns, educational facilities or governmental offices.
4. There are hereby declared and established the following restrictions and operating
agreements regarding the Property:
(a) The Property and any improvements thereon shall be continuously maintained
and repaired, so as to at all times he in a fast class condition, free and clear of all debris.
(b) No use of the Property shall increaser the fire hazard or fire insurance rating for
the &hopping Center or in any way prwat a danger or hazard to the employ= and customers of
the Shopping Center. The County shall not, without WEISSEIVS prior written ccmsent, keep
anything within the building on the Property nor use such premises for any purposes which
Mr
reases the insurance premium cost or invalidates any insurance policy carried on the building or
other parts of the Shopping Center.
(c) in the event of destruction or damage from fire or any casualty to any buildings
or improvements on the Property, the County shall, at its We cost and expense, promptly (i)
rebuild and repair the same to at least substantially the same size and as good a condition as such
was in immediately preceding such destruction or damage, or (U) level or paver the area where the
buildings and improvements were destroyed or damaged so that the affected area conforms
substantially to the surrounding areas.
Page 3
S 1 4479 Rtc 1 233 r'A1GE243;3
(d) The County shall take such reasonable measures as requirad from time to time
to cause the library employees and customers, and all other persons attending meetings or
functions which are being held in the Library to park their vehicles only in designated parking areas
within the Common Areas and not to interfere with the use of the Common Areas of the Shopping
Center or impede the free flow of vehicular or pedestrian traffic thereon.
(e) 7'he County may, at its own expense, from time to time, make such interior
non-structural alterations in and to its building as it may deem necessary or suitable for its use
thereof. "the County shall not make any exterior or structural changes to the building on the
properly without WEISSEIVS consent, which consent shall not be unreasonably withheld, delayed
or conditioned. The term "structural changer", as toed herein, shall not include moving of
non -load bearing partitions, minor plumbing and electrical work, modification and rearrangement
of fixtures or other minor changes.
(f) The County shall be permitted to erect, install or maintain a temporary or
pernonent sign on the Property or on the exterior of its building, so long as said sign complies with
the regulations contained within the Monroe County Code.
S. WF.ISSER shall have a continuing obligation to repair and/or repave the common am
parking as may be necessary as well as maintain the common area, including landscaping.
6. In the event WEISSER shall have a bona fide ofler to purchase one or both of the
units adjacent to the Courtty's property which WEISSER desires to accept, wEISSER shall notify
the County in writing of such bona fide offer stating the price and other terms thereof. The
County shall have 60 days following the matding of this written notice within which to notify
WEISSER in writing as to whether the County desires to purchase one or both of the units
Adjacent to the County's property at the same price and on the sarne terms as contained in the bona
fide offer received by WEISSER. If the County elects to purchase one or both of the units
adjacent to the County's property, WEISSER shall comvey these premises to the County for the
price and on the teens contained in the bona fide offer.
7. Wi+ISSER does hereby assign, covenant and agree with the County and its assigns, that
the County and its assigns shall have a perpetual easement for the joint use of said patty wall. The
parties hereto shall each have the full right to use said party wall for the insertion of beams or
otherwise support the erection of buildings on their respective premises; provided, however, that
such use shall not injure the adjoining building space and shall not impair the value of the easement
to which the adjoining building is entitled. if it shall become necessary to repair or rebuild the wall
or any portion thereof as constructed or extended, the cast of such repair and rebuilding as to such
pottions of the wall att the time used by both parties shall be at the expanse of both in equal shares
and as to any remaining portion shall be wholly at the expanse of the party who shall exclusively
use that portion. In the event that the party wall is totally or partially destroyed by fire or other
Pap 4
81 4479 Rrc 1 283 PAGE 2434
causes by either of the parties hereto, their successors, heirs or assigns shall have the right to
rcconsuwt the same at his own expense alone if he alone intends to continue the use of the party
wall, or it s611 be at the expense of both parties in the event that both intend to continue the use of
the party wall. This Agreement shall be perpetual for so long as such wall shall stand and shall
constitute an cascraont and a covonant running with the land, provided however, that nothing
herein contained shall be construed as a conveyance by either party of his respective right to the
fee of the land upon which the party wall shall stand. In the event the roof over the Building "B"
needs repair, the cost of said repair shall be apportioned on a pro rats basis based on the square
foot percentage of the County's ownership of Building "B" compared to the total square footage of
Building "B". This instrument contains the entire agreement between the parties relating to the
rights heroin granted with respect to the party wall and the obligations heroin assumed. Any oral
representations or modifications concerning the instrument shag be of no force and effect except in
a subsequent modification in writing signed by both parties.
S. WEISSER expressly agrees herein not to lease units adjacent to the CounWe units to
lessees for uses inconsistent with the County's use as a public bUary facility.
9. It is mutually agreed that this Agreement shall be construed and interpreted as if
drafted by each party and it is further acknowledged that this Agreement is the product of
negotiations between the parties, and shall not be construed or interpreted against either party
based on its being the drafter of this Agreement.
i 0. All notices, requests, demands and other communications hereunder shall tx: in writing
and shall be deemed to have been duly given if mailed by registered or certified mail with postage
prepaid:
(a) If to WEISSER, to Michael Weisser at Amerifirst Bank Building
19301 Biscayne Blvd., 2nd Floor N. Miami Beach, FL 33160
(b) If to the County, to,
Mayor of Monroe County, CIO County Attorney 310 Fleming
Street, Kay West, FL 33040
with a copy to:
Monroe County Administrator, Pubfic Service Building, 5925 Junior
College Road, Stock Island, Key West, FL. 33040.
or to such other addresses as shall be furnished in writing by either party to the other.
11. 'f he restrictions, covenants, obligations and agreements contained herein shall run with
the land, and shall be binding upon and shall inure to the benefit of the heirs, personal
repn=ntatives, successors, transferees and assigrw of the parties hereto.
814479 REc1283R612435
11. The restrictions, covenants, ubtigations and agreetnenat contained herein `hall tun with
the land, and shall be binding upon and shalt inure to the benefit of the heirs, personal
representatives, succcssurs, transferees and assigns of the patties hereto,
12. In the event of any violation or duvatone d violation by the County of any of the terms,
covenants, restrictions and conditions contained herein (i) WEISSER shall have no obligation to
enfowe the terms hereof, or any hah lily for any such bench by the County, and (ii) in addition to
the other remedies herein provided, any or all of the owners and tenants of the Shopping Center
shall have the right to egjoin such violation or threatened violation in a court of competent
jurisdiction. The prevailing pao.rty in any litigation shall be entitled to recover, in addition to any
other damages awarded by the court, its court casts and reasonable attorneys' fees incurred in
cormection with such litigation.
13. If any clause, sentence or other pennon of this Agreement shall become illegal , null or
void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining
portions thereof shaft remain in full force and effect.
14. All conveyances, of all or airy portion of the property subsequent to the date hereof
shall recite that they a v subject and subordinate to the terms and provisions hereof.
IN WITNESS WHEREOF, the parties hereto haw executed this Agreement the day and
year brat hereinabdrc set forth.
.IVIN_' 0
est. +DAMY•L.•KOLHAGH, Clak
cleIc
Pop 6
1OAR COUNTY COMMISSIONRRS
OF N g C Y. FLORIDA-..-
kAd"AM-6
APPROVED AS TO F.
Data
8 14 479 REc1283PAGE2436
w
S7'ATF OF I-I.ORIbA }
COUNTY OF }
The foregoft hustrum"t was acknowledged before tac this _ �,? dsy of.
1993, by Mkhael H. Weisw-
.
1-1
My Conunimdon ExPh"' von oo
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15-937-4314 DONOFF&WEISER
EXHIBIT "A"
$i 79
Y
DESCRIPTION
958 P02 NOU 18193 15:44
REC1283PAGE2437
PART II
Parent parcel not being conveyed
-TRACT EB, CU, EE, EC, ED, CS, CT OF PINE KEY ACRES, SECTION ONE, BIG FINE KE;Y,
FLORIDA AS RECORDED IN OFFICIAL RECORDS BOOK 509, PACE 1047 OF THE. PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; SAID TRACTS BEING IN THE NORTHWEST 1/4 OF
SECTION 260. TOWNSHIP 66 SOUTH, RANGE 29 EAST, Oil BIG PINE KEY IN MONROE= j
COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE
AT THE SOUTHEAST CORNER OF THE SAID NORTHWEST 1/4 AND RUN THENCE NORTH ALONG
THE EAST BOUNDARY OF THE SAID NORTHWEST 1/4 FOR A DISTANCE OF 1062 FEET;
THENCE WEST FOR A DLSTANCE OF 25 FEET TO THE POINT OF BEGINNING OF THE PARCEL
OF LAND BEING DESCRIBED HEREIN, SAID POINT OF BEGINNING BEING ON THE WEST
RIGHT OF WAY LINE OF WILDER ROAD (OFFICIAL RECORD BOOK 346, PACE 540 OF THE
SAID PUBLIC RECORDS), SAID POINT OF BEGINNING BEING THE NORTHEAST CORNER OF
THE LANDS OWNED BY THE MARATHON BANK (OFFICIAL RECORD BOOK 768, PACE 1968 OF
THE SAID PUBLIC RECORDS), AND SAID POINT OF BECL'NNINC ALSO BEING THE SOUTHEAST
CORNER OF THE SAID TRACT CS; FROM THE SAID POINT OF BEGINNING, RUN THENCE
NORTH ALONG THE WEST RIGHT. OF WAY LINE OF THE SAID WILDER ROAD AND ALONG THE
EAST BOUNDARY OF THE SAID TRACTS CS, CT, AND CU FOR A DISTANCE OF 667.38 FEET
TO THE NORTHEAST CORNER OF THE SAID TRACT CU; THENCE WEST ALONG THE NORTH
BOUNDARY OF THE SAID TRACTS CU, EB, AND EE FOR A DISTANCE OF 781.26 FEET 'I'O
THE: NORTHWEST CORNER OF THE: SAID TRACT EE AND THE NORTHEASTERLY RLGHT OF WAY
LINE OF COUNTY ROAD 940, FORMERLY STATES ROAD (DEED BOOK G-7, PACE; 310 OF THE:
SAID PUBLIC RECORDS), THENCE SOUTH 31"41'00" EAST ALONG THE SOUTHWESTERLY
BOUNDARY OF THE SAID TRACTS EE, EC AND ED AND ALONG THE NORTHEASTERLY RIGHT OF
WAY LINE': OF THE SAID COUNTY ROAD 940 FUR A DISTANCE OF 782.42 FEET TO THE
SOUTHWEST CORNER OF THE SAID TRACT ED AND THE: NORTHWEST CORNER OF THE LANDS
DESCRIBED IN SAID OFFICIAL RECORD BOOK 768 AT PAGE 1968; THENCE RUN EAST ALONG
THE SOUTH BOUNDARY OF THE SAID TRCTS ED AND CS AND ALONG THE NORTH BOUNDARY OF
THE LANDS DESCRIBED IN SAID OFFICIAL RECORD BOOK 768 AT PAGE 1968 FOR A
DISTANCE OF 370.33 FEET BACK TO THE POINT OF BEGINNING,
25. 25' . 1
PART I
L155 AND EXCEPT; Out parcel being conveyed; see below
C T11P.. 116REIN DESCRI.13ED OUT PARCEL LYING IN TRACT CS OF THE
AF ORINENTIONED PINE KEY ACRES,; COMMENCE AT THE POINT OF BEGINNING
..1 %0 OF THE ABOVE DESCRIBED PARCEL, OF LAND; THENCE RUN EASTERLY ALONG
o THE SOUTH LINE or ' SAID TRACT CS FOR A DISTANCE O 54.95 FEET;
Q T111?NCE RUN NORTH 00000' 00" EAST ALONG A LINE PARALLEL WITH THE WEST
V
Q Q RIGHT OF WAY LINE OF SAID WILDER ROAD FOR A DISTANCE OF 145.00 FEET
TO T118 POINT OF nEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE
W CONTINUE NOR`t'11 00000' 00" CAST, rOR A DISTANCE OF' 40. 00 FEET; THENCE
'NORTH 90000'00" WEST, FOR A DISTANCE OF 60.00 FEET; -THENCE SOUTH
.Q] 00000'00" EAST, I:OR A DISTANCE. OF 40.00 FEET; THENCE NORTH
90900'00" EAST, FOR A DISTANCE OF 60.00 FEET TO THE POINT- Or -
BEGINNING. -
,� PARENT PARCEL CONTAINING 8.832 ACRES, MORE OR LESS.
OLT r k° OUP'. PARCEL CONTAINING 2400.00 SQUARE FEET, MORE OR LESS.
S V EC'�� ��•}tt�l;5a�f"t'��1`y3 �j �`�a , :;;:R'��7^y;' ..A,r SCRtE: .�1 Et';.` 40
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.1-305-937-4314 DONOFF&WEISER
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814478 REC1283PAGE2423
PARTIAL RELEASE OF RENTS, LEASES, PROFITS AND CONTRACTS
IN CONSIDERATION of the sum of TEN AND N0/100 ($10.00) DOLLARS
and other good and valuable consideration, the undersigned,
NORTHERN TRUST BANK OF FLORIDA, N.A., does hereby grant a partial
release of that certain Assignment of Rents, Leases, Profits and
Contracts filed 5/3/90 in Official Records Book 1130 at Page 544 as
they pertain to that certain real property as described in Exhibit
"A" attached hereto, and the lien of said assignment and every part
thereof is hereby released as to that particular property as
described on Exhibit "A";
PROVIDED, always, nevertheless that nothing herein contained
shall in any way impair, alter or diminish the effect, lien or
encumbrance of the Assignment of Rents, Leases, Profits and
Contracts on the remaining part of said premises as described on
Exhibit "B" hereto, not hereby released therefrom or any of the
rights or remedies of the holder thereof.
IN WITNESS WHEREOF, the said Northern Trust Bank of Florida,
N.A. has caused these presents to be executed in its name and its
corporate seal to be hereto affixed by its roper officers
thereunto duly authorized this 1g-, day of A),see*.4kwe , 1993.
Signed, sealed and delivered
in the presence of:
d;
NORTHERN TRUST BANK OF"Pto",� ,
N.A.
BY
Kevin M'1 0
Vice Pr side
ATTESTED BY • • t-';
Z
iJ
-.
N
-
SV
8 1 4 4 78 REc 12 8 3 rnGE2 4 2+
STATE OF V �C)(�
COUNTY OF D0�2
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgements, personally appeared ; n er > --W n 'Ae,
well known to me to be they resident and A -,Ls r ,
respectively, of the corporation partially releasing the rents,
leases, profits and contracts described in the foregoing
instrument, and that they severally acknowledged executing the same
in the presence of two subscribing witnesses freely and voluntarily
under authority duly vested in them by said corporation and that
the seal affixed thereto is the true corporate seal of said
corporation.
WITNESS my hand and off 'MemteA—
ial seal in the_ County and State last
aforesaid this day of, 199�.J
My Commission Expires:
MERCEDES BERMUDEZ-GARCI
; .A.: MY COMMISSION M CC 318M
,a� EXPIRES: September 22, 1997
h ' BMW Thru Notary N* LW MrMere
8 f 4418 REc 1283 PAGE2425
EXHIBIT "A"
THE HEREIN DESCRIBED OUT PARCEL LYING IN TRACT CS OF THE PINE
KEY ACRES; COMMENCE AT THE POINT OF BEGINNING OF THE ABOVE
DESCRIBED PARCEL OF LAND; THENCE RUN EASTERLY ALONG THE SOUTH
LINE OF SAID TRACT CS FOR A DISTANCE OF 54.95 FEET; THENCE RUN
NORTH 00° 00' 00" EAST ALONG A LINE PARALLEL WITH THE WEST RIGHT
OF WAY LINE OF SAID WILDER ROAD FOR A DISTANCE OF 145.00 FEET TO
THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE
CONTINUE NORTH 00* 00' 00" EAST, FOR A DISTANCE OF 40.00 FEET;
THENCE NORTH 90° 00' 00" WEST, FOR A DISTANCE OF 60.00 FEET;
THENCE SOUTH 000 00' 00" EAST FOR A DISTANCE OF 40.00 FEET;
THENCE NORTH 90' 00-' 00" EAST, FOR A DISTANCE OF 60.00 FEET TO
THE POINT OF BEGINNING.
OUT PARCEL CONTAINING 2400.00 SQUARE FEET, MORE OR LESS.
NORTHE N TRUST BANK OF FLORIDA N.A.
BY:
Kev n J. Miller
Vice President
u
,;«,,-:rded In p{•ryclal Rebo►d! ,4
" nro® Cnrnty, Flo►fd4
f• •,r'fied �� �,'��
814480 °�Et1283X[243g
WARRANTY DEED
This Indenture made this o�% day of November, 1993 between
MICHAEL H. WEISSER, Grantor, and MONROE COUNTY, a political
subdivision of the State of Florida, whose address is 500 Whitehead
Street, Key West, FL 33040, as Grantee.
WITNESSETH, That said Grantor, for and in consideration of the
sum of TEN AND N0/100 ($10.00) DOLLARS and other good and valuable
consideration to said grantor in hand paid by said grantee, the
receipt whereof is hereby acknowledged, has granted, bargained and
sold to the grantee and grantee's heirs forever the following
described land located in the County of Monroe, State of Florida,
to -wit:
SEE PROPERTY DESCRIPTION ATTACHED HERETO AND MADE A
PART HEREOF AS EXHIBIT "A"
cj W THE PROPERTY CONVEYED HEREIN IS NEITHER Tpfc,DOMIgLE
NOR THE HOMESTEAD OF THE GRANTOR HEREIN Ndt-HIS POUS-
NOR ANY OF HIS IMMEDIATE HOUSEHOLD AS DEFINED BY QHE
LAWS OF THE STATE OF FLORIDA. IT IS COMMEROIAL PR6ERT »
RE# 00111071-034000 ti
and said grantor does hereby fully warrant the title'to said land,
and will defend the same against the lawful claims of all persons
whomsoever.
*Singular and plural are interchangeable as context requires.
IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand
and seal this day and year first above written.
WITNESSES:
Dc Pdd C;M6 9 9dw k 0
Molmor aouwrs
DAVINY .LL KO E8t Cam. CT.
By - D.C.
O
O
COUNTY OF DADE
STATE OF FLORIDA
I HEREBY CERTIFY that on this 29th day of November, 1993,
before me, an officer duly qualified to take acknowledgements,
personally appeared MICHAEL H. WEISSER to me known to be the person
described in and who executed the foregoing instrument and
acknowledged before me that he executed the same. Driver's License
shown as identification.
m A
NOTARY PUB
My Commission Expires: KIM M RIEDY
yoRarr TATE OF FLORIDA
Rubric My Comm ExPWV/93
BONDED.
PREPARED BY:
MEYER & ERSKINE ATTORNEYS AT LAW
Route 5, Box 8
Big Pine Key, FL 33043
ti
SCHEDULE "A"
THAT CERTAIN OUT PARCEL LYING IN TRACT CS OF THE PINE KEY ACRES AS
PINE KEY ACRES IS DESCRIBED BELOW, AND EXCEPTING THEREFROM THE
AFOREDESCRIBED OUT PARCEL: COMMENCE AT THE POINT OF BEGINNING OF
�. THE BELOW DESCRIBED TRACT OF THE PINE KEY ACRES PARCEL OF LAND;
,�. THENCE RUN EASTERLY ALONG THE SOUTH LINE OF SAID TRACT CS FOR A
�y DISTANCE OF 54.95 FEET; THENCE RUN NORTH 00 00100" EAST ALONG A
LINE PARALLEL WITH THE WEST RIGHT OF WAY LINE OF SAID WILDER ROAD
FOR A DISTANCE OF 145.00 FEET TO THE POINT OF BEGINNING OF THE
M PARCEL HEREIN DESCRIBED; THENCE CONTINUE NORTH 00 00100" EAST, FOR
A DISTANCE OF 40.00 FEET; THENCE NORTH 90 00100" WEST, FOR A
N DISTANCE OF 60.00 FEET; THENCE SOUTH 00 00100" EAST, FOR A DISTANCE
- OF 40.00 FEET; THENCE NORTH 90 00100" EAST, FOR A DISTANCE OF 60.00
�w FEET TO THE POINT OF BEGINNING.
oz
PINE KEY ACRES IS DESCRIBED AS:
O TRACT EB, CU, EE, EC, ED, CS CT OF PINE KEY ACRES, SECTION ONE, BIG
co PINE KEY, FLORIDA AS RECORDED IN OFFICIAL RECORDS BOOK 509, PAGE
1047 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; SAID TRACTS
BEING IN THE NORTHWEST 1/4 OF SECTION 26, TOWNSHIP 66 SOUTH, RANGE
29 EAST, ON BIG PINE KEY IN MONROE COUNTY, FLORIDA; AND BEING MORE
00 PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST
CORNER OF THE SAID NORTHWEST 1/4 AND RUN THENCE NORTH ALONG THE
EAST BOUNDARY OF THE SAID NORTHWEST 1/4 FOR A DISTANCE OF 1062
FEET; THENCE WEST FOR A DISTANCE OF 25 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND BEING DESCRIBED HEREIN, SAID POINT
OF BEGINNING BEING ON THE WEST RIGHT OF WAY LINE OF WILDER ROAD
(OFFICIAL RECORD BOOK 346, PAGE 540 OF THE SAID PUBLIC RECORDS),
SAID POINT OF BEGINNING BEING THE NORTHEAST CORNER OF THE LANDS
OWNED BY THE MARATHON BANK (OFFICIAL RECORD BOOK 768, PAGE 1968 OF
THE SAID PUBLIC RECORDS), AND SAID POINT OF BEGINNING ALSO BEING
THE SOUTHEAST CORNER OF THE SAID TRACT CS; FROM THE SAID POINT OF
BEGINNING, RUN THENCE NORTH ALONG THE WEST RIGHT OF WAY LINE OF THE
SAID WILDER ROAD AND ALONG THE EAST BOUNDARY OF THE SAID TRACTS CS,
CT, AND CU FOR A DISTANCE OF 667.38 FEET TO THE NORTHEAST CORNER OF
THE SAID TRACT CU; THENCE WEST ALONG THE NORTH BOUNDARY OF THE SAID
TRACTS CU, EB, AND EE FOR A DISTANCE OF 781.26 FEET TO THE
NORTHWEST CORNER OF THE SAID TRACT EE AND THE NORTHEASTERLY RIGHT
OF WAY LINE OF COUNTY ROAD 940, FORMERLY STATE ROAD (DEED BOOK G-7,
PAGE 310 OF THE SAID PUBLIC RECORDS), THENCE SOUTH 31 41100" EAST
ALONG THE SOUTHWESTERLY BOUNDARY OF THE SAID TRACTS EE, EC AND ED
AND ALONG THE NORTHEASTERLY RIGHT OF WAY LINE OF THE SAID COUNTY
ROAD 940 FOR A DISTANCE OF 782.42 FEET TO THE SOUTHWEST CORNER OF
THE SAID TRACT ED AND THE NORTHWEST CORNER OF THE LANDS DESCRIBED
IN SAID OFFICIAL RECORD BOOK 768 AT PAGE 1968; THENCE RUN EAST
ALONG THE SOUTH BOUNDARY OF THE SAID TRACTS ED AND CS AND ALONG THE
NORTH BOUNDARY OF THE LANDS DESCRIBED IN SAID OFFICIAL RECORD BOOK
768 AT PAGE 1968 FOR A DISTANCE OF 370.33 FEET BACK TO THE POINT OF
BEGINNING.
>..ordad In Officiel F'
h,onroe County,
'eb ra Verified
,-ASNY I.. JOLHAGE
Cl,k t cmd,
814476 REc12u3PAT 2410
Q9
EAS ' A1�1U OPERA•f IU AGRE M
G OF p'W9 R S
(/ _ 1993 by and v eer►�
AGREEMENT nude ae of the _. �' o» M.RSE " �„d-MONROE COUP Y, a
MICfLAFIL H. WMSSER (herein re erred is as WEISSEIt) Wing a Stock Leland, 5325
municipal corporation, having off cce at Public Service Building,
Junior College Road West, Key Wes, Florida 33040-4399 (herein referred to as the "County")-
WITNESSE'TH:
WHEREAS, the County hae m9aired the land, library building and nrI90venm% located
therein, in the County of Monroe, Stato of Florida, mono particularly described in Part I of Exhibit
A attached hereto and trade a part herwf and depicted on Exlu'int i3 attached h�abuta theto and laved,
part hereof (hereinafter referred to as the "Property" or "IlUary"), which Property
enm located thereon, owned by WEISSER and described in Part
and retail budding and Gentcr"); and
II of Exhibit A attached hereto and also depicted on Exhibit B hereto (the "Shopping
WHEREAS, the pathed desire to enter into the following agreements regarding the uac of
the Property, and said convgauc c is subject to the terms and conditions hercot; and
y IWMAS, WEISSER is the owner of a certain shopping center and real property
Pine K Playa Shopping Center in Big Pine Key, Moruoc County, Florida, and
located at Big Key � and
more partiicularly described on the -legal description attached hereto m Part II Exhibit A;
WHEREAS, the County ie purchasing a portion of said property, to -wit: Two stores
located in the "B" Building as dmdbcd on the-SutvcY attached h=30 and marked Exhibit "B";
and
WHEREAS, the Space being,' convgcd rs iaeide of a building Known as and ding "bang
the attached sur%my and ie shown on said survey and that the interior walls of a p
.mvged are per► watld with the existing tenants on either side; and
yVOMAS, the partied wish to enter into an aWement regarding said party walla sal e
roof housing said Building "B"-
NOW, TiIEREFOn, for good and valuable conaidcrahon,
which is he acknowledged by each, the partied 390e as follows:
Pegs 1
the receipt and ,sufficiency of
a
814476 'REC1283►AGE24 1
1. (a) WEISSF..R hereby grants to the County a non-exclusive easement for ingress
and egress to and from the Property across the parking areas, entrances, exits and driveways
loo:ated on the Shopping Center, (the "Commm Alen"). WMSSER may from tune to time
without notice to or consent of the County change the location of the buildings "A" or "C" and
improvements on the Shopping Center and the size and configuration of parking areas, entrances,
exits and driveways for the Shopping Center; provided, however. that any such change shall not
reduce the number of parking spaces readily accessible to the library building. WEISSER shall not
change the location of building "B" without the express written consent of the Coutnty.
(b) WBISSER hereby grants to rite County a non-exchune right to connect to and
utiiiye the utility service tines on the Common Areas installed by WEISSI�R, provided, however,
that m connecting to such utility lines the County shaU not impede or restrict. w hicular or
pedestrian traffic upon and across the parking areas, entrance, exits and driveways Iox:ate:d within
the Common Areas. All utility lines shall be undaWound. No utility lines shall be installed
without the prior approval of WEISSER, and the County shall complete i ngtallamn of the utility
lines as soon, as possibic following the commencement of insulation and restore any property
affected thereby to as good (or better) condition as existed prior to installation. Any installation
.hall be performed in a manner so as not to unreasonably intaf'ere with the operation of the
Shopping Center.
(c) WEISSER hereby grants to the County a non-exclusive right to connect to and
uttili2e the stomt and sanitary sewer lines and wastewater treatment plant installed by WRISSER,
provided that the County shati pay a portion of the cast to maintain and operate such facility. 'Ilse
charge to the County for the use of the said storm and sanitary sewer lines and wastewater
treatment plant shall be based upon the amount of water used try the County on the premises
described in Exhibit "A", and said charge shaU be computed by multiplying the number of gallons
used by the factor of 1 1 /4 cents per gallon.
(d) The County shalt pay its pro ruts share of insurance and maintenance of the
common areas inehuling pxft areas, entrances, exits, and driveways, currently S 1.00 per square
foot, for an annual sum of S2,400:00; provided, however, that such percentage shall be subject to
periodic adjustment (but not more than once every 12 months). In the event that the Cotmty's
actual pro ram share of common area nsa denance m Wor insurance Exceeds the sum of $2,400.00
per xuwm, then the County agrees to pay any such increases. In no event shall the amount paid
for common area maintenance and insurance be less than $2,400.00 per annum. Said sum shaft be
paid annually m advance the first payment being due on the date that the transaction closes.
2. (a) No use of the Property e►ltalt interAcm with the use of the Common Areas or
impede the free ilow of pedestrian or vehicular tragic thereon. Further, the County's employees
shall park its the parking area at the roar of the subject property so as to leave spaces in the i'
the property for public use.
1's6e 2
ZOd L00 83A3W A3NAA3f BEOV ELO SOE i LE=II 90-11-6661
814476
REc 1 2 8 3 PAGE 2 4 1.2
(b) In the event the County shaft receive from a third party at atty time a bona fide
offer to purchase the Property and the county shall decide to accept the offer, the County shall
prmnpdy give Weisser notice of the terns and copy of such offer acid of the County's willingness
to no the Propety for the price and on the terms offered, Weisser shall have the fright of First
Refusal to purchase the Property for the same price and on the same torms. Such Right of First
Refusal shall he exercised within twenty (20) days after Weisser receives notice from the County,
by Weisser notifying the County in writing that it will purchase the Property for the same price and
on the same terms. In the event Weisser shall not give the County notice within said twenty (20)
day period of its election to purchase the Property for the same price and on the same ternns
contained in said offer, the first refusal option shall be extinguished. If for any reason the Property
is not solo to such party notice of arty subsequent bona fide offers, acceptable to the County, shall
be given to Weisser upon the same terms and conditions for acceptance or rejection as hereinabove
provided. iK
3. We the property is owned by the County, or by a local, state or federal government
entity that takes the property in fee simple by, through or under the County, the property may be
used for a public library or any governmental purpose, including but not limited to governmental
meeting mono, educational fmilitias or go vm mental offices.
4. There are hereby declared and established the following restrictions and operating
agrcenue is regarding the Property.
(a) The Property and any inptoovements thereon shall be continuously maintained
and repaired, so as to at all timer ire in a first class condition, free and clear of all debris.
(h) No use of the Property shall increase the fire hazard or fire insurance rating for
the Shopping Center or in any way present a danger or hazard to the employees and customers of
the Shopping Center. 'The County shall not, without WEISSER'S prier written consent, keep
anything within the building on the Property nor use such premises for any purposes which
increases the insurance premium cost or invalidates any insurance policy carried on the building or
other parts of the Shopping COMM
(c) in the event of deswietion or damage from fire or any casualty to any bums
or improvernents on the Property, the County aril, at its sole cost and expense, promptly (i)
rcb and and repair the same to at least subamtially the same sire and as good a condition as such
Was in immediately preceding such destruction or damage, or (u)1evel or pave the area where the
bo9dings and improvements were destroyed or damaged so that the affected area conforms
substantially to the suttounding areas.
Page 3
COd Z00 aAXAW A38AA:l Beet ELe SOE i ec : 11 90-1i-CGGI
8 144 76 REc1283PAGE 2413
(d) The County dM take such reasonable measures es required gom time to time
to cause the li$nuy employees and customers, and all other persons attending meetings or
functions which are being held in the Library to park their vehicles only in designated parking aft"
within the Common Areas And not to interfere with the use of the Common Areas of the Shopping
Center or impede the five flow of vehicular or pedestrian traffic thereon.
(a) 'Ilia County may, at its own expense, from time to time, make such interior
non-structwai alterations in and to its building as it may deem necessary or suitable for its use
thereof. The County shall not make any exterior or structural changes to the building on the
Property without WEISSER'S consent, which consent shalt not be unreasonably withheld, delayed
or conditioned. 'Tire term "structural changes", as used hacin, shall not include moving of
non -load bearing partitions, minor plumbing and electrical work, modification and r+carrangc mcnt
of fixtures or other minor changes.
(f) The Comity shall be permitted to erect, install or maintain a temporary or
permanent sign cm the Property or on the exterior of its building, so long as add sign complies with
the regulations contained within the Monroe County Code.
S. WEISSER shall have a continuing obligation to repair and/or repave the common area
parking as may be necessary as well as maintain the common area, including landscaping.
6. In the event WEISSER shall. have a bona fide offer to purchase one or both of the
units adjacent to the County's property which WEISSER desires to accept, WEISSER shalt notify
the County in writing of such bona fide offer stating the price and other terms thereof The
County shall have 60 days following the mailing of this wnUm notice within which to notify
WMSSER in writing as to whether the County desires to purchase one or both of the units
adjacent to the County's property at the same prince and on the same terms as contained in the bona
fide offer received by WEISSER. If the County elects to purchase one or both of the units
adjacent to the CounWs property, WEISSER shall convey these premises to the County for the
price and on the terms contained in the bona fide offer. This paragraph shall not be effective in
the event WEISSER receives an offer to purchase the entire shopping center owned by him, in
which event the County shall not have a tight of first ref" as provided for herein,
7. WUSSF.R does hereby assign, covenant and agree with the County and its assigns, that
the County and its assigns shall have a perpetual easement for the joint use of said party wall The
parties hereto shall each have the feint right to use said party wall for the insertion of beams or
otherwise support the enation of buildings on their respective premises; provided, however, that
such use shall not injure the adjoining building space and shall not impair the value of the c;awnwri
to which the adjoining building is entitled. If it shall become necessary to repair or rebuild the w,$
Page 4
tOd CIO 83A3W A38AA3f 88ev BLe SOE 1 ZO: bi 90-1i—E66i
8 14 476 REC
"' 12 8 3 PAGE 2 4 14
or any portion thereof as constructed or extended, the cost of such repair and rebuilding as to such
portions of the wall at the time used by both parties shall he at the expense of both in equal shales
and as to any remaining portion shall be wholly at the expense of the party who steall exclusively
use that portion. in the ewnt that the party wall is totally or partially destroyed by fire or other
causes by either of the parties hereto, their successors, heirs or assigm shall have the tight to
reconstruct the same at his own expense alone if he alone intends to continuo the use of the party
wall, or it shall be at the expense of both parties in the event that both intend to continue the use of
the party wall. 'Phis Agreement shall be perpetual for so long as such Wall shell stand and shall
constitute an mernent and a covenant running with the land, provided however, that nothing
herein contained shall be construed as a conveyance by either party of his respective right to the
fee of the land upon which the party wall shall stand. In the event the roof over the Building "B"
needs repair, the cost of said repair shall be apportioned on a pro rats basis based on the square
foot percentage of the County's ownership of Budding "B" conilmed to the total square footage of
Buiding "B". This instrurnent contains the entire agreement between the patties relating to the
rights herein granted with respect to the party wail and the obligations herein assumed. Any oral
representations or modifications concerning the Ott shall be of no force and effect except in
a subsequent modification in writing Agtred by both parties.
S. WE.ISSER expressly agmes herein not to lease units adjacent to the County's units to
leswmg for uses inconsistent with the County's use as a public library faculty.
9. It is mutually agreed that this Agreement shall be construed and interpreted as if
drafted by each party and it is furdw acknowledged that this Agreement is the product of
negotiations between the parties, and shall not be construed or interpreted against either party
based on its being the drafter of this Agreement.
l0_ All notices, requests, demands and other communications hereunder shall be in writing
and shall be deemed to have been duly given if mailed by registered or certified mail with postage
prepaid:
(a) If to WEISSER, to Mkhael Weisser at Croat Western Bank Building
18301 Biscayne Blvd., 2nd Floor N. Nami Beach, FL 33160
(b) If to the County, to:
Mayor of Monroe County, C/O County Attorney 310 Fleming
Street, Key West, FL. 33040
with a copy to:
Monroe County Administrator, Public: Service Building, 5825 Junior
College Road, Stock Island, Key West, FL 33040.
or to such other addressees as shall be furnished in writing by either party to the other
page 5
ZOd CIO 83A3W A:98AAAf BF9b EZ8 SOC I z0:bl 90-11-6661
814476 REC1233PAGE2415
11. The restrictions, covenants, obligations and agreements contained herein shall tun with
the land, and shall be binding upon and shall inure to the benefit of the heirs, pemnal
representatives, successors, tranteferces and assigns of the parties hereto.
12. In the event of any violation or threatened violation by the County of any of the terms,
covenants, restrictions and conditions contained herein (i) WEISSER shall have no obbotion to
enforce the terms hereof, or any liability for any such breach by the County, and (ii) in addition to
the other remedies herein provided, any or all of the owners and tenants of the Shopping Center
shall have the tight to eWoin such violation or threatened violation in a court of competent
jurisdiction. The prevalling party in any litigation shall be entitled to recover, in addition to any
other datnages awarded by the court, its court costs and reasonable attorneys' fees incurred in
connection with such litigation.
13. If any clause, sentence or other portion of this Agreement shall become illegal , null or
void for any reason, or shalt be held by any court of competent jurisdiction to be so, the remaining
portions thereof shall remain in full force and effect.
14. All conveyances of aff or any portion of the Property subsequent to the date hereof
shall recite that they arc subject and subordinate to the terms and provisions hereof.
IN WITNESS WHEREOF, the patties hereto haw executed this Agreement the day and
year first hereinabove set forth.
WITNESSED:
L4
y,
jAttest: DAWY-L. KOLHACF, C;krk
Clerk
Page 6
BOARD COUNTY COMMISSIONERS
OF M&jft COLWY, FLO �.—
APPROVED AS TO
ND EGI}
B A#orne -�_ -
COd CIO 83,13W A3J333f Beet ZZ9 SOC I EO:bi 90-1I-066i
814476 RE'c1283PAGE2416
STATE OF 11;0RIDA }
COUNTY Or. }
The foregft
instrument was acknowledgcd before me this _ Lc ? day of
1993, by Mchael 1-1• Weisser.
r�
My Ccmmission Expires:
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DESCRIPTION
OFF 12 8 3 PAU 417
REC
PART II
Parent parcel not being conveyed
-TRACT EB, CU, EE, EC, ED, CS, CT OF PINE KEY ACRES, SECTION ONE, BIG PINE KEY
.FLORIDA AS RECORDED IN OFFICIAL RECORDS BOOK 509, PAGE 1047 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; SAID TRACTS BEING IN THE NORTHWEST 1/4 OF
SECTION 26, TOWNSHIP 66 SOUTH, RANGE 29 EAST, ON BIG PINE KEY IN MONROE
COUNTY, FLORIDA; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE
AT THE SOUTHEAST CORNER OF THE SAID NORTHWEST 1/4 AND RUN THENCE NORTH ALONG
THE EAST BOUNDARY OF THE SAID NORTHWEST 1/4 FOR A DISTANCE OF 1062 FEET;
THENCE WEST FOR A DISTANCE OF 25 FEET TO THE POINT OF BEGINNING OF THE PARCEL
OF LAND BEING DESCRIBED HEREIN, SAID POINT OF BEGINNING BEING ON THE WEST
RIGHT OF WAY LINE OF WILDER ROAD (OFFICIAL RECORD BOOK 346, PAGE 540 OF THE
SAID PUBLIC RECORDS), SAID POINT OF BEGINNING BEING THE NORTHEAST CORNER OF
THE LANDS OWNED BY THE MARATHON BANK (OFFICIAL RECORD BOOK 768, PAGE 1968 OF
THE SAID PUBLIC RECORDS), AND SAID POINT OF BEGINNING ALSO BEING THE SOUTHEAS
CORNER OF THE SAID TRACT CS; FROM THE SAID POINT OF BEGINNING, RUN THENCE
NORTH ALONG THE WEST RIGHT, OF WAY LINE OF THE SAID WILDER ROAD AND ALONG THE
EAST BOUNDARY OF THE SAID TRACTS CS, CT, AND CU FOR A DISTANCE OF 667.38 FEET
TO THE NORTHEAST CORNER OF THE SAID TRACT CU; THENCE WEST ALONG THE NORTH
BOUNDARY OF THE SAID'TRACTS CU, EB, AND EE FOR A DISTANCE OF 781.26 FEET TO
THE NORTHWEST CORNER OF THE SAID TRACT EE AND THE NORTHEASTERLY RIGHT OF WAY
LINE OF COUNTY ROAD 940, FORMERLY STATE ROAD (DEED BOOK G-7, PAGE 310 OF THE
SAID PUBLIC RECORDS), THENCE SOUTH 31041'00" EAST ALONG THE SOUTHWESTERLY
BOUNDARY OF THE SAID TRACTS EE, EC AND ED AND ALONG THE NORTHEASTERLY RIGHT O
WAY LINE OF THE SAID COUNTY ROAD 940 FOR A DISTANCE OF 782.42 FEET TO THE
SOUTHWEST CORNER OF THE SAID TRACT ED AND THE NORTHWEST CORNER OF THE LANDS
DESCRIBED IN SAID OFFICIAL RECORD BOOK 768 AT PAGE 1968; THENCE RUN EAST 4LON
THE SOUTH BOUNDARY OF THE SAID TRCTS ED AND CS AND ALONG THE NORTH BOUNDARY 0
THE LANDS DESCRIBED IN SAID OFFICIAL RECORD BOOK 768 AT PAGE 1968 FOR A
DISTANCE OF 370.33 FEET BACK TO THE POINT OF BEGINNING,
25' PART I
LESS AND EXCEPT; Out parcel being conveyed; see below
THE HEREIN DESCRIBED OUT PARCEL LYING IN TRACT CS OF THE
AFOREMENTIONED PINE KEY ACRES;COMMENCE AT THE POINT OF BEGINNING
�p OF THE ABOVE DESCRIBED PARCEL OF LAND; THENCE RUN EASTERLY ALONG
Till -,SOUTH LINE OF'SAID TRACT CS FOR A DISTANCE OF 54.95 FEET;
'4 THENCE RUN NORTH 00000'00" EAST ALONG A LINE PARALLEL WITH THE WEST
t!� RIGHT OF WAY LINE OF SAID WILDER ROAD FOR A DISTANCE OF 145.00 FEET
Q TO TIIE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE
W CONTINUE NORTH 00000' 00" EAST, FOR A DISTANCE OF 40.00 FEET; THENCE
NORTH 90000'00" WEST, FOR A DISTANCE OF 60.00 FEET; -THENCE SOUTH
A 00000'00" EAST, FOR A DISTANCE OF 40.00 FEET; THENCE NORTH
90°00'00" EAST, FOR A DISTANCE OF 60.00 FEET TO THE POINT OF
H BEGINNING.
i k PARENT.,PARCEL CONTAINING 8.832 ACRES, MORE OR LESS.
4, -OUT'`PARCEL CONTAINING 2400.00 SQUARE FEET, MORE OR LESS.
SURVEYT
�HOPPING PLAZA
SCRIE. 1 .. 401!
PROJECT NO.:. 593
SHEET NO.: ONE OF:
814476 REc1283'AGGE2418
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n Monroe County, Florida
Record Verified ap�,
DANNY L. ZOMGB A E E89
Clerk Circuit Cool