05/23/2008 AgreementThis Instrt meat Was Prepand Sy, Record
and Return to:
Erin H. NeAus, Esq.
EDEN & NEViUS, FL
302 Southard Street
Suite 205
Key West, FL 33040
(305)294-5588
Doch 1702254 07/03/2008 10:28AM
Filed & Recorded in official Records of
MONROE COUNTY DANNY L. KOLHAGE
DocH 1702254
Bka 2359 P94 2352
DECLARATION OF EASEMENT
This Declaration of Easement (the "Declaration") is made and entered into as of -Iljqy
2008 by and between the Utility Board of the City of Ivey Rest, Florida, a utility board
created by special Act of the Florida Legislature, its successors and assigns (the "Grantor")
having an address of 1001 Jaynes Street, Key West, FL 33040, and Monroe County, Florida, a
political subdivision of the State of Florida, its successors and assigns, having an address of
1100 Simonton Street, Key West, Florida, and Clear Channel Broadcasting, Inc. a Nevada
corporation, successor by merger to Clear Channel Metroplex, Inc., a Nevada corporation,
its successors and assigns, having an address of93351 Overseas Highway, Tavernier, FL 33070
(collectively referred to as the "Grantees").
RECITALS
A The Grantor is the owner in fee simple of the real property described in Exhibit
attached hereto and made a material part hereof (the "Easement Parcel").
B. Grantee Monroe County, Florida, is the owner in fee simple of the real property
described in Exhibit "B" attached hereto and made a material part hereof.
C. Grantee Clear Channel Broadcasting, Inc. is the owner in fee simple of the real
property described in Exhibit "C" attached hereto and made a material part hereof
D. The lands described in Exhibits "B" and "C" are collectively referred to as the
"Benefitted Parcels."
,�f4A
Docl# 1702254
Bkt# 2369 P9U 2353
CONSIDERATION
a
NOW, TBEREFORE, in consideration of the sum of TEN AND N0/100 DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the following grants, agreements, covenants and restrictions are made:
_TERMS, _ - S AND CONDITIONS
AGREEMENTS, COVENANT
1. Grant of Easement. Grantor hereby grants and conveys to Grantees and their
respective successors and assigns and unto the owners, lessees and occupants of all or part of the
Benefited Parcels, their heirs, legal representatives, successors and assigns, and unto their
servants, agents, employees, guests, licensees, and invitees, a non-exclusive easement across the
Easement Parcel. The easement Herein granted is an appurtenant easement and is for the
purposes of ingress and egress for persons, motor vehicles, material, equipment and trailers to
and from the Benefited Parcels, and also for the purpose of providing the following utilities to
the Benefitted Parcels: electricity, telephone, telegraph, and other electronic signals, and water
(but not including sewage or wastewater). The Easement Parcel shall not be used by Grantees
for the storage of vehicles, trailers or articles of any kind, disposal of trash, including but not
limited to tires, hazardous materials, leachate, vehicle fluids, or any other solid or non -solid
waste. "Hazardous materials" shall mean any hazardous or toxic substance, material or waste of
any kind or any other substance which is regulated by any environmental law. For the purposes
of this Declaration of Easement, "environmental law" shall mean all federal, state and local laws,
including statutes, regulations, ordinances, codes, rules, judgments, orders, decrees, permits,
concessions, grants, franchises, licenses„ agreements and other governmental restrictions relating
to the protection of the environment or human health, welfare or safety, or to the emission ,
discharge, seepage, release or threatened release of any contaminate, chemical, waste, irritant,
petroleum product, waste product, radioactive material, flammable or corrosive substance,
explosive polychlorinated biphenyl, asbestos, hazardous or toxic substance, material or waste of
any kind into the environment, including without limitation, ambient air, surface water, ground
water, or land including, but not limited to, the Federal Solid Waste Disposal Act, the Federal
Clean Air Act, the Federal Clean Water Act, the Federal Resource and Conservation and
Recovery Act of 1976, the Federal Comprehensive Environmental Response, Compensation and
Liability Act of 1980, the Federal Superfund Amendments and Reauthorization Act of 1986,
Chapters 161, 253, 373, 376 and 403, Florida Statutes, rules of the U.S. Environmental
Protection Agency, Rules of the Florida Department of Environmental Protection, and the rules
of the Florida water management districts now or at any time hereafter in effect. The Easement
Parcel shall not be used as a staging area by the Grantees and Grantees shall not remove,
damage, or destroy the gate that is located at the entrance of the Easement Parcel adjacent to
Blimp Road. Grantees shall provide access to Grantor, its lessee, and their respective agents,
employees, guests, licensees and invitees to the Easement Parcel at any time by issuing Grantor a
key to said gate.
2. Maintenance Repair and Improvement of the Easement Parcel. Grantees are
responsible for the improvement, upkeep, repair and maintenance of the Easement Parcel as set
forth herein, provided, however, that before undertaking any such activities, Grantees shall
obtain the prior written consent of Grantor, which shall not be unreasonably withheld.
-2-
Doc# 1702254
Bk9 2369 Pg# 2354
2.1 Exotic Plants: Grantees shall not cause invasive exotic plant species as
defined , by the Monroe County Planning and Environmental Resources
Department to be introduced to the Easement Parcel including, but not limited to
the Brazilian pepper, Australian pine, leadtree, seaside mahoe, and Asiatic
colubrina.
2.2 Repairs_ Defined: The repairs and maintenance to be undertaken and
performed under this Declaration, whether necessitated by normal wear and tear,
accidental or intentional damage, or acts of nature, will include, but not be limited
to the following: improve, maintain, repair, and replace the road and/or shoulder
of the road; landscape restoration slopelshoulder mowing, litter pickup, dangerous
tree removal, landscape maintenance, tree trimming, and washout repair; repair
and maintenance of all pipes, conduits, poles, wires, and cables that transport
electricity telephone, telegraph and other electronic signals and water (not
including sewage or wastewater) to and from the Benefitted Parcels.
2.3 Condition of Property: Following the repair or maintenance of the Easement
Parcel and/or utilities aforementioned, Grantees shall restore the Easement Parcel
to the condition which existed prior to such work, including without limitation,
the restoration of all roadways, curbs and drainage, all at Grantees' sole cost and
expense.
2.4 Grantor Repairs: Grantor, Grantor's lessee, agent or invitee shall be
responsible for any and all repair of damages caused to the easement parcel for
which they are found legally liable.
2.5 Apportionment of E enses: The Grantees agree to bear the costs and
expenses of repairs and maintenance authorized pursuant to and during the term
of this Declaration as follows: Monroe County, Florida agrees to bear 95% of the
costs and expenses. Clear Channel Broadcasting, Inc agrees to bear the remaining
5% of the costs and expenses.
2.6 Record Keeping: The Grantees shall keep records of all activities performed
and costs expended pursuant to this Declaration of Easement.
3. Contingency. This Declaration and the grant of easement rights contained herein
is contingent upon the sale of the lands which include Easement Parcel to the Board of Trustees
of the Internal Improvement Trust Fund of the State of Florida ("Board of Trustees"). Should
the sale of such lands to the Board of Trustees fail to close and title not be transferred from the
Utility Board of the City of Key West to the Board of Trustees on or before July 1, 2009, then
this Easement is terminable at will by the Utility Board of the City of Key Brest.
4, No Public Dedication. Nothing contained in this Declaration shall, in any way, be
deemed or constitute a gift of or dedication of any portion of the Easement Parcel to the general
public or for the benefit of the general public whatsoever, it being the intention of the parties
hereto that this grant of Easement shall be limited to and utilized for the purposes expressed
herein and only for the benefit of the persons herein named.
-3-
0
DQc# 1702254
Skq 2369 Pg# 2355
5. Indemni Grantee Clear Channel Broadcasting, Inc. hereby agrees to indemnify
and hold harmless the,Grantor from any and all actions, causes of action, claims, liabilities,
demands and losses of any kind whatsoever which may be filed or made against Grantor by
reason of the Grantee's, Clear Channel Broadcasting, Inc., use of the Easement Parcel and the
rights granted hereunder. The failure of the Grantor to notify Grantee Clear Channel
Broadcasting, Inc. of a claim shall not release the Grantee from any of the requirements of this
section.
6. Personal Nury and ProptqXDamage Liability. Any liability of the Grantees
for personal injury to any worker employed to make repairs under this Declaration, or to third
persons, as well as any liability of the parties for damage to the property of any worker, or of any
third persons, as a result of or arising out of repairs and maintenance under this Declaration, will
be borne, as between the Grantees, in the same percentages as they bear the costs and expenses
of the repairs and maintenance. Grantee Monroe County is a state agency subject to Iimited
liability under §768.28, F.S., and maintains adequate insurance to respond to any liability in
excess thereof. Pursuant to F.S. 768.28, Grantee Monroe County's liability is limited to $100,000
per person , $200,000 per occurrence. The Grantees will be responsible for and maintain their
own insurance.
7. Binding -Effect. The terms and conditions of this Declaration shall run with the
Easement Parcel and shall be appurtenant to the Benefitted Parcels, and shall inure to the benefit
of and be enforceable by the Grantees and the Grantor, their respective legal representatives,
successors and assigns. The Grantor and the Grantees shall each have a right of action to enforce
by proceedings at law or in equity all conditions and covenants unposed by the provisions of this
Declaration, or any amendment thereto, including the right to prevent the violation of such
conditions and covenants and the right to recover damages for such violation.
8. Liens. Fee title to the Easement Parcel is held by the Grantor, and Grantees shall
not do or permit anything to be done which purports to create a lien or encumbrance of any kind
against the real property interest of Grantor. Grantees may bond over and contest the validity of
any mechanic's lien in lieu of payment thereof.
9. Non -Exclusive Easement. The easement granted herein is non-exclusive, and
Grantor retains the right to engage in any activities on, over, below or across the Easement Parcel
which do not unreasonably interfere with Grantees' use of the Easement Parcel for the purposes
specified herein. Grantor further retains the right to grant compatible uses to third parties during
the term of the Declaration and the easement rights granted herein.
10. Easement Burden. It is understood and agreed that the burden upon the Easement
Parcel contemplated by this Declaration is based upon the level of usage of the Easement Parcel
imposed by the use of the Exhibit "B" lands (owned by Monroe County) as a solid waste
transfer station and closed landfill and the Exhibit "C" lands (owned by Clear Channel
Broadcasting, Inc.) as a broadcasting tower site. Any increase in the burden upon the Easement
Parcel is not permissible.
ME
DocU 1702254
Bk# 2368 Fgh 2356
11. DEFA[J J. In the event that either of the Grantees breaches any provision of
this Declaration, then in addition to any other remedies which are otherwise provided for in this
Declaration, the Grantor in its sole discretion may exercise one or more of the following options,
after written notice to the Grantees:
a.) Pursue a claim for damages suffered by the Grantor;
b.) Pursue any other remedies Iegally available;
c.) Perform, by its employees or through hired contractors, any repair,
improvement, or maintenance work and seek repayment for the cost
thereof from the Grantees;
d.) Suspend use of the Easement Parcel by the Grantees until the breach is
cured; or
e.) Terminate this Declaration of Easement and the easement rights granted
thereby.
12. No Waiver. Failure by either party to enforce any covenant, condition or
restriction contained in this Declaration in any certain instance or on any particular occasion
shall not be deemed a waiver of such right on any future breach of the same or any other
covenant, condition or restriction.
13. Severability. Invalidation of any one or a portion of these covenants, conditions
and restrictions by judgment or court order shall in no way affect any other provisions, which
shall remain in full force and effect.
14. Notices. Any notice hereunder shall be in writing and shall be deemed to have
been properly delivered when directed to the addressee as follows:
If to Grantee Monroe County:
With a copy to
Grantee's Attorney:
If to Grantee Clear Channel Broadcasting, Inc.
-5-
Monroe County
1100 Simonton Street
Key rest, FL 33040
Attention: County Administrator
Monroe County Attorneys Office
P.O. Box 1026
Key West, Fl. 33041-1026
Phone: 1-305 292 - 3470
Fax: 1-305 292 - 3516
Clear Channel Broadcasting, Inc.
93351 Overseas Highway
Tavernier, FL 33070
With a copy to:
If to Grantor:
With a copy to
Grantor's Attorney:
Doc## 1702254
Sk## 2359 P90 2357
Clear Channel Real Estate, LLC
200 E. Basse Road
San Antonio, TX 78209
Utility Board of the City of Key Vilest
1001 James Street
Key West, FL 33040
Attention: Lou Hernandez, Chairman
Nathan E. Eden, Esq.
EDEN & NEVIUS, PL
302 Southard Street, Suite 205
Key West, FL 33040
Any notice, request, demand, instruction or other communication to be given to any party
hereunder, shall be in writing and shall either be (i) hand delivered, (ii) sent by Federal Express
or a comparable overnight mail service, or (iii) sent by telephone facsimile transmission provided
an original copy of the transmission shall be mailed by regular mail, all at or to the respective
addresses set forth above. Notice shall be deemed to have been given upon receipt or refusal of
delivery of said notice. The addressees and addresses for the purpose of this paragraph may be
changed by giving notice. Unless and until such written notice is received, the last addressee and
address stated herein shall be deemed to continue in effect for all purposes hereunder.
15. Ca ons. Captions used in this Declaration are for information purposes only and
do not alter, modify or add to the terms of this Declaration.
16. Governing Law. This Declaration will be governed and interpreted pursuant to
the laws of the State of Florida. Grantor and Grantees, their successors and assigns, shall
perform all of their respective obligations under this Declaration in compliance with all
applicable laws.
17. Modification/Entire Agreement. This Declaration may be modified only in a
writing executed by the parties to this Declaration or their respective successors or assigns. This
Declaration constitutes the entire agreement between all of the parties with respect to the subject
matter hereof and shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and assigns.
18. Waiver of Jury Trial. Grantor and Grantees hereby knowingly, voluntarily and
intentionally, waive trial by jury in any action brought by one against the other in connection
with any matter arising out of or in any way connected with this Declaration. This waiver shall
apply to any original claim, counterclaim, cross claim, or other claim of any kind asserted by
either party in any such action. None of the parties nor any representative of any of the parties,
including counsel, has represented to the other that it would not seek to enforce this waiver of
right to jury trial in any such action. The parties acknowledge that the provisions of this section
are a material inducement to their entering into this Declaration.
Q
ah
Witnesses:
Pn ted Name:
Printed Name:
STATE OF FLORIDA
COUNTY OF MONROE
Daces 1702254
Bk!# 2369 Pgi# 2358
As to the Grantor:
UTILITY BOARD OF THE CITY OF KEY
WEST, FLORIDA, A UTILITY BOARD
CREATED BY SPECIAL ACT OF THE
FLORIDA LEGISLATURE
By:
Lou Hernandez, as its Chairman
The foregoing instrument was acknowledged before me this L Zday of 3# ,ZOOS by
Lou Hernandez, as Chairman of the Utility Board of the City of Key West, Florida, a utility board
ar d by Special Act of the Florida Legislature, on behalf of said Utility Board, who i ersonall
known me or produced a as identification.
qhjAU(I v,
N tary Public
State of Florida at Large
My Commission Expires: _ .�
=1 SABRINR V. HALL
MY COMMISSION # DD 613934
ate: EXPIRES: March 12, 2011
8ondedThruNotwyPubic Undenwh.
THIS PORTION LEFT BLANK INTENTIONALLY
-7-
'I6-b
(SEAL)
BAY TF DANNkL.KOL] G DepClerk
Witnesses:
Name:bv�
. /
Printed Namv�a��t1%C
STATE OF ) e4P5
COUNTY OF A�k4r
Doc# 1702254
Ska 2369 Psm 2359
As to the Grantees:
MONROE COUNTY, A POLITICAL
SUBDIVISION OF THE STATE OF
FLORIDA
By: BOARD OF COUNTY
COMMISSIONERS MONROE
COUNTY, FLO
By:
Charles
as Mayor
MON OUNTY ORN
F1 0 AS 0
PEDSO J. ACAaa II
ASSISTANT CO TY ATTORNEY s' "'7^�% —
Date L ```"`'LLLL'rr
CLEAR CHANNEL BROADCASTING,
INC. A NEVADA CORPORATION,
SUCCESSOR BY MERGER TO CLEAR
CHANNEL METROPLEX, INC., A
NEV A CORPORATION
B - 6 _ ks
Charles G. Dan III, Sr. Vice President
(CORPORATE SEAL)
The foregoing instrument was acknowledged before me this day of Juw ,
2008 by Charles G. Dan III, as Sr. Vice President, of Clear Channel Broadcasting, Inc., a Nevada
corporation, successor by merger to Clear Channel Metroplex, Inc., a Nevada corporation, on
behalf of said corporation, who is personally known to me or produced a as
identification.
OLIVIARODRIGUEZ
MY COMMISSION EXPIRES
September 15, 2011
Notary Public' jus
State ofT4o4d i at Large
My Commission Expires
Doc# 1702254
BkN 2369 Pgh 2360
EXHIBIT "A"
A 50.0 FT. WIDE EASEMENT FOR INGRESSIEGRESS, LYING 25.0 FT. EACH SIDE OFTHE FOLLOWING
DESCRIBED CENTERLINE, TO WIT:
COMMENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 9 OF SECTION 20, TOWNSHIP 66
SOUTH, RANGE 28 EAST; THENCE RUN N00'00'52"Vlt, ALONG THE WEST LINE OF SAID SECTION 20,
A DISTANCE OF 366.35 FT. FOR A POINT OF BEGINNING; THENCE RUN N84'59'42"E ALONG SAID
EASEMENT CENTERLINE, A DISTANCE OF 2348-90 FT, TO THE INTERSECTION WITH THE WESTERLY
RIGHT-OF-WAY LINE OF "BLIMP ROAD', A 100 FT. WIDE PUBLIC RIGHT-OF-WAY AS SHOWN ON
STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP SECTION 90600-2150, AND THE TERMINUS POINT
OF SAIL) EASEMENT CENTERLINE, BEING AND LYING IN SECTION 20, TOWNSHIP 66 SOUTH, RANGE
28 EAST MONROE COUNTY, FLORIDA.
THE PERIM ETRICAL BOUNDARIES OF WHICH EXTEND TO THE INTERSECTION WITH THE WESTERLY
LINE OF GOVERNMENT LOT 9 OF SECTION 20, TOWNSHIP 66 SOUTH, RANGE 28 EAST ON THE
WEST AND THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF "BLIMP ROAD" ON
THE EAST,
BSM:�
DATE, 5-6-05
FKFJCudjos Key
City of Key West Utliity Board Parcel #10180
Proposed IngrasrdEgress Easement
Page 1 of 1
Lib
DocM 1702254
BkH 2369 Pg#i 2361
Pm��
�,;S
�.i
7R4
•�
lY
Js[il[IJJ
JJJ
S
MIR
OWN,!.
#. ri ,: �
�'" K++��T �' �"`"' '�'" ,¢ °"` •"""' peer. et etrviRonsusrru, eeaTkcnon
iic ]. sn-111 Mc fa( .H¢fa JirC
s M CiM11i PW1 e1 the Cdi .1 t[: Mii1 ROSIN n M'. iva iR u it0i i'C'�¢MSIGLSN K. 14WU+'S6 R i'.fli
J P¢reel IPIJJ .¢ rWtl !e&iYtl bYL69 [t. li(+[. pill+i•itGa
Docq 1702254
BkU 2369 pgq 2362
LEGAL DESCRIPTION OF
THE BENEFITED PARCEL
OWNED BY MONROE
COUNTY, FLORIDA
A tract of land in a part of Government Lot 8,
Section 19, T. 665., R. 28 B., an eudjee Key.
Monroe County, Florida and baing taore particularly
described by metes and bounds as follows:
Coma*neing at the Southeast Cornet of Government
Lot 9, said Corner also to be known as the point
of Beginning of the tract of land hereinafter de-
scribed,, bear West along the South Line of Govern-
mant Lot 8, +415 lash thence bear Borth l05o feet,
more or 1ee6, to the shoreline; thence meander the
shoreline in an Easterly direction, 415 feet., more
or Les= to a point which is bearing Nortb fromekh e
Point of Beginning; thence bear South 1050 feet'$
more or leas, back to the Point of Beginning, con-
taining 10 acres more or lose.
- i 0-
Doc# I702254
Bk# 2369 P9# 2363
EXHIBIT "C"
LEGAL DESCRIPTION OF PROPERTY OWNED BY
CLEAR CHANNEL BROADCASTING, INC.
On Cudjoe Key, Monroe County, Florida, and being all of Government Lot 8 of
Section 19 in Township 66 South, Range 20 East, LESS .AND EXCEPT the East 893.1
feet thereof, containing approximately (9) nine acres.
MONROE COUNTY
OFFICIAL RECORDS
EXHIBIT
GG�
This Instrument Prepared By and
Please Return To:
Acey Stinson
American Governnient Services
1804 Miccosukee Commons Drive Suite 202
".Tallahassee, Florida 32308
AGS # 15355
i
Docg 1707237 08/08/2008 9:13AM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLWAGE
08/08/2008 9:13AM1
DEED Doc STAMP GL.: PW
QUIT CLAIM DEED
MdayT IS INDENTURE, made this —
of
A.D. 2008, between Monroe County, Florida,
a politi su ivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida 33040, grantor, and the Utility Board of the
City of Key West, Florida, a utility board created by Special Act of the
Florida Legislature, whose post office address is 1001 James Street, Key West,
Florida 33040, grantee,
(Wherever used herein the terms "grantor" and "grantee" include all the parties to
this instrument and their heirs, legal representatives, successors and assigns.
"Grantor" and "grantee" are used for singular and plural, as the context requires
and the use of any gender shall include all genders.)
$0.70
Doc# 1707237
Bk# 2375 Pgq 834
WITNESSETH: That the said grantor, for and in consideration of the sum of Ten Dollars, to said grantor in hand paid by
said grantee, the receipt whereof is hereby acknowledged, has released, remised and quitclaimed, and by these presents does hereby
remise, release, and quitclaim unto the said grantee, and grantee's successors and assigns forever, all the right, title and interest of
grantor in and to the following described land situate, lying and being in Monroe County, Florida, to -wit:
See Exhibit "A" attached hereto and by reference made a part hereof.
Property Appraiser's Parcel Identification Number. 00115530-000000
This deed is not intended to release or extinguish the non-exclusive easement granted to Monroe County, Florida, in that
certain Declaration of Easement that was previously recorded in the public records of Monroe County, Florida.
This conveyance is subject to easements, restrictions, limitations, and conditions of record if any now exist, but any such
interests that may have been terminated are not hereby re -imposed.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise
appertaining, and all the estate, right, title, law or equity, to the only proper use, benefit and behalf of the said grantee, its
successors and assigns forever.
IN WITNESS WHEREOF the grantor has hereunto set grantor's hand and seal, the day and year first above written,
Signed, sealed and delivered in
the presence of:
(Signature of First Witness)
(Printed, Typed or
of First Witness)
CLERK
(Signature of Second Witness)
(Printed, Typed or Stamped Name
of Second Witness)
MONROE COUNTY, FLORIDA, a political subdivision of
the State of Florida
BJario
OF COUNTY M IS IONERS
B�'
A�
CLERK nnaro, as ounty Mayor
Date
COUNTY
VFT) AS 3
OTANT COOT i' ArTORNEY
EXHIBIT "A"
PARCEL 10180
Doca 1707237
Bk# 2375 Pga 835
ALL OF GOVERNMENT LOT 9 OF SECTION 20, TOWNSHIP 66 SOUTH, RANGE 28 EAST, ON CUDJOE KEY,
MONROE COUNTY, FLORIDA, LYING WEST OF THE WESTERLY RIGHT-OF-WAY LINE OF BLIMP ROAD, A 100
FOOT WIDE PUBLIC RIGHT-OF-WAY.
FLORIDA KEYS ECOSYSTEM
CLIDJOE KEY
CITY OF KEY WEST/PARCEL 10180
RAGE 1 OF 1
m: '�—�—
DATE . 1-15-08
MONROE COUNTY
OFFICIAL RECORDS