Assignment of Lease 07/20/2011 DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: July 21, 2011
TO: Suzanne A. Hutton
County Attorney
ATTN: Kathy M. Peters
Executive Assistant
FROM: Pamela G. HancbckC.
At the July 20, 2011, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Item P3: 1) Acknowledgement of Transfer of Title and
Consent of Landlord; and 2) Assignment of Lease authorizing assignment of the 11/12/1997
lease of a 10 ft. X 125 ft. strip of county -owned right -of -way located on Second Avenue,
Mandalay Subdivision, Key Largo to the current owner and tenant.
As requested, I am returning to you the originals for Recording, Morgan Ocean Sunrise
and Florida Keys Quality Foods /County Attorney. I have also enclosed the additional backup
that was attached, but was not brought before the BOCC for your distribution. Once the
document is recorded, please forward to our office for the Official Record. The original copy
that we have in our office will then be forwarded to the Finance Department for their records.
Should you have any questions, please feel free to contact this office.
cc: Finance
Filet
Doc; 1844529 0
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L, KOLHAGE
ASSIGNMENT OF LEASE
IN CONSIDERATION of the covenants, terms and conditions
of the July 9, 2010 Lease Agreement between MORGAN OCEAN
SUNRISE LLC, a New York limited liability company, as
Landlord, and FLORIDA KEYS QUALITY FOODS, INC., a Florida
corporation, as tenant, and in consideration of the sum of
Ten Dollars, the sufficiency of which consideration is
hereby acknowledged by the parties, the undersigned, MORGAN
OCEAN SUNRISE LLC, hereby assigns, transfers and delivers to
FLORIDA KEYS QUALITY FOODS, INC., all of its rights, title
and interest in and to that certain Lease Agreement, dated
November 12, 1997, between BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as lessor, and CANALIS HOLDING
CORP., as lessee, the predecessor in interest of MORGAN
OCEAN SUNRISE LLC, a true and correct copy of which
(together will any assignments or transfers thereof)is
attached hereto, said Lease Agreement being recorded in the
Public Records of Monroe County, Florida in Book 736, at
Pages 1428 to 1433, said premises located at Monroe, County,
Florida, as assigned by that certain Assignment of Lease
from Canalis Holding Corp. to Earthmark Companies, LLC dated
February 2, 2004 as recorded in Official Records Book 2015,
Page 1406 of the Public Records of Monroe County , Florida;
and as further assigned by that certain Assignment of Lease
from Earthmark Companies, LLC to Ocean Sunrise Associates,
LLC dated November 29, 2006 as recorded in Official Records
Book 2256, Page 1136 of the Public Records of Monroe County,
Florida; and as transferred through foreclosure (Case No.
44- 2009 -CA- 000137 -P) to Morgan Ocean Sunrise LLC by virtue
of a Certificate of Title dated August 3, 2010 as recorded
in Official Records Book 2477, Page 2491 of the Public
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Records of Monroe County, Florida. This assignment shall be
effective for the remainder of the lease term provided in
the Lease Agreement, dated November 12, 1997, and this
Assignment once fully executed, shall be effective beginning
on July 9, 2010.
IN WITNESS WHEREOF, the undersigned has signed and
sealed this instrument on the dates indicated.
MORGAN OCEAN SUNRISE LLC
Date: June , 2011 By:
Robert C. MXgan, Manager
STATE OF NEW YORK )
COUNTY OF ;day ROE ) ss:
On the of June in the year 2011, before me, the
undersigned, a Notary Public in and for said State,
personally appeared ROBERT C. MORGAN personally known to me
or proved to me on the basis of satisfactory evidence to be
the individual whose name is subscribe to within
instrument and acknowledged to me that he exe ted he same
in his capacity, and that by his signature the
instrument, the individual, or the per n /entity on b half
of which the individual acted, execut d thejir� r ent.
JILL E GARVEY
NOTARY PUBLIC STATE OF NEW YORK
MONROE COUNTY
LIC. #01 GA820M
COMM. EXP. JULY 13, ZOt 9 i
E OF ASSIGNMENT
The undersigned, FLORIDA KEYS QUALITY FOODS, INC.,
hereby accepts and agrees to the foregoing Assignment of
Lease; hereby assumes all rights, obligations, rents,
agreements and conditions of the Lease Agreement (as
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described above) under the lease as fully as if the
undersigned were the original lessee.
IN WITNESS WHEREOF, the undersigned has signed and
sealed this instrument on the dates indicated. _ '/ G
Date: Jun By:
Sam Nekhaila
Title: President, F orida
Keys Quality Foods, Inc.
STATE OF FLORIDA
COUNTY OF MONROE
BEFORE ME personally appeared Sam Nekhaila, as
President of Florida Keys Quality Food, Inc. to me well
known and known to me to be the person described in and who
executed the foregoing instrument, and acknowledged to and
before me that he executed said instrument for the purposes
therein expressed.
WI my hand and official seal this 7 ' I day of
J
2011 DAVID SFgNE
y}Y Iv
MY COMMISSION #DD848874
EXPIRES: DEC 18, 2012
Bonded through 1st Stale Insurance
NOTARY PUBLIC
CONSENT TO ASSIGNMENT OF LEASE
The undersigned, MONROE COUNTY, FLORIDA, a political
subdivision of the State of Florida, being the lessor under
that certain Lease Agreement, dated November 12, 1997, said
Lease Agreement being recorded in the Public Records of
Monroe County, Florida in Book 736, at Pages 1428 to 1433,
hereby consent and agree to the foregoing Assignment of
Lease from MORGAN OCEAN SUNRISE LLC, to FLORIDA KEYS QUALITY
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FOODS, INC., subject to all rents, agreements and conditions
in said lease.
IN WITNESS WHEREOF, the undersigned has sealed this
instrument on the dates indicated.
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY,
FLORIDA
Date Ji 20, 2011 By.
M
(SEAL)
ATTES [}a h L. K Ihage, CLERK
B y.. C
Deputy Clerk
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r Carruthers
�"MMSLEY
- " ;;'C �.JKITY ATT()RNE'Y
E
RECEIVED
FEB 0 2011
LEASE AGREEMENT BY:
THIS LEASE Pted ? day of , 2010, between MORGAN OCEAN SUNRISE LLC, a
New York limited liability company having offices at 1170 Pittsford Victor Road, Pittsford, New York
14534 (hereinafter referred to as "Landlord'I and Florida Keys Quality Foods, Inc., d/b/a The Island Grill
of Key Largo, with an address of 125 Milano Drive, Islamorada, Florida 33036 (hereinafter referred to as
- Tenant - J.
WITNESSETH:
Landlord and Tenant hereby agree as follows:
1. PREMISES
Landlord, for and in consideration for the Basic Rent, Additional Rent, covenants, provisions and
agreements hereinafter set forth, does hereby lease to Tenant and Tenant hereby leases from Landlord the
following described premises upon the terms and conditions hereinafter set forth: Lot 1 and 2, Block 4
Mandalay Subdivision, located in the town of Key Largo, County of Monroe and State of Florida
( "Leased Premises") consisting of approximately :;2�,4_ square fact and comprising a portion
of Landlord's property ("Premises'), together with the right to use common areas, parking area and
access ways on the Premises subject to the terms of this Lease and as shown on attached site plan.
2. TERM
The term of this Lease (together with any renewal terms, the "Term') shall be for an initial period
of three (3) years, commencing on the Commencement Date (as defined below). On or about the
Commencement Date, Tenant shall sign an agreement with Landlord which shall set forth the
Commencement Date and the termination date, in substantially the same form as Exhibit B. Tenant shall
pay Basic Rent for the first month of the Tenn simultaneously with the execution of the foregoing
agreement.
3. BASIC RENT AND SECURITY DEPOSIT
The Parties agree that, in lieu of payment of a security deposit, Tenant shall be solely responsible
for all costs associated with the acquisition and installation of all furnimru fixtures and equipment to be
used within the Premises, including but not limited all kitchen equipment and fixtures, refrigeration units,
point of sale units, tables, chairs, serving pieces, etc. As consideration for waiver of the security deposit,
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FD
m
0
*0--00
0---W
<0
0-0
L
Tenant agrees that all such furniture, fixtures and equipment shall remain with the Premises and become
the Property of the Landlord upon the termination of this Lease Agreement. Thereafter and throughout
the term of this Lease, Tenant covenants and agrees to pay to Landlord, without previous demand and
without set -off, abatement or deduction whatsoever, except as specifically provided in this Lease - at
Morgan Ocean Sunrise LLC, 1170 Pittsford Victor Road, Pittsford, New, yob 14534 or s such other
place as Landlord may from time to time designat
by written notice to Tenant, basic annual gross rent
( "Basic Renrl in monthly installments as follows:
Tie se Year
Years 1- 3
Basic Amu R= M°
$63,000.00 $5,250.00
Said rent shall be due and payable to the Landlord on the first day of each month during the Term
of this Agreement. Notwithstanding, the Peep h agree that Tenant shall be entitled to s
days of free rent commencing on the date of o sixty (60)
peeing of the restaurant contemplated herein. Should said
sixty -day Period commence on any day other than the first of the month, Tenant agrees to pay a prorated
portion of rent from the expiration of the sixty - day rent free period through the remainder of the then -
current month. In the event that Tenant is in full compliance with and not in default of any of the
covenants and amts ofd Lease during the Term, Tenant shall have the right to renew this Lease
for three (3) renews! terms (the "Renewal Terms.) of five (5) years each commencing imrnediately upon
the expiration of the prior term under the same terms and conditions as are contained in this Lease except
that the annual Basic Rent for said renewal terms shall be at a rate of three Percent (3V*) greater the
Prior term as follows:
Leas— a Y�sr
]3�a, is I MIM 1 4L EW
M9
Years 4 - 8
$64,890.00
$5,407.50
Years 9 -13
$66,836.70
$5,569.73
Years I4-18
$68,841.80
$5,736.82
Said right on the part of Tenant to renew this Lease for the next renewal term shall be valid only
if exercised by notice in writing addressed and delivered to Landlord at least six (6) months prior to the
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2
i�
ERmPT B
Commencement Agreement
Pursuant to a Lease Agreement ("Lease'l dated as of January _ 2010, by and between
MORGAN OCEAN SUNRISE LLC ("Landlord") and FLORIDA KBYS QUALITY FOODS, Inc. d/b/a
The Island Grill of Key Largo, ("Tenant"), Tenant and Landlord here
Agreement (the " Agrcement") and agree as follows: b3' cater into this Commencement
1. Terms Defi in L ease , All capitalized terms used in this A
meaning given to them in the Lease. Agreement shall have the
2 . CO 20—. a The Commencement Date with respect to the Leased Premises is
7; 3. Tern►inaW Date The termination date of the initial Term is
as
unless extended or curtailed as provided in the Lee). 20
IN WITNESS WHEREOF, the parties hereto have executed this Agree aY
2010.
LANDLORD:
MORGAN SUNRISE LLC
By:
Name: Robert C. Morgan
Title: Manager
TENANT:
FLORIDA KEYS QUALITY FOODS, INC.
d/b/a The Island Grill of Key Largo
B
Name: Sam ekMaila
Title: President
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PI/2,O)'o
(V
30
AUG -09 -2010 02:26 PM CLERKS OFFICE 3052953970 P. 01/03
IN THE CIRCUIT COURT OF TH ND
SIXTEENTH JUDICIAL CIRCUIT I D
F R MONROE COUNT
O.eM liA!!76 M /b / iv if t VAM 37 -�
h t 0 1� • QQ QTY to OfitL. " M
ppNNY L. KQL of CASE NQ. 442 09 - CA - A001
•1g3 14:R st,�.79
0 30C Z6C1• STAfM tt:27A CL: RS
vs.
Defendant
CERTIFICATE OF TITLE
The undersigned Clerk of the Court certifies that he or she executed and filed a Certificate
of Sale in this action Mav 28 fl�!p • for the property
described herein and
that no q§cctlgns •to the sale have been filed within the time allowed for filing objections.
TIM followjijg property in Monroe County, Florida:
is clj� SEE ATTACHED LEGAL DESCRUM
UD
d ew i it d li co
wus .8010: ri c lion
.. p th OR BA K
o C I
1 08g7 v seas [i a v. Sui
Mara 3
WITNESS MY HAND AND SEAL of this Court on Au Cwh
DANNY L. KD i .
Clerk o
By.
Deputy
BID AMOUNT: $200, IQQ J'
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D oan 300 0575
EkN 2477 PqN 2491
4Z
AUG -09 -2010 02:27 PM CLERKS OFFICE 3052953970 P. 02/03
Oea1 2492
sk. 1,a477
Legg Aescription of Parcels
P arcel 1
Lots 1 do 2, Block 4, MANDALAY SUBDIVISION, according to the Plat thareof,
recorded in Plat Book 1, Page 194, among the pubhcRecords of Monroe County,
Florida;
Together with u g parcel Florida, land nty, Florid South,
a, more particularly Bast, Key particularly
y
described as:
From the intersection of the dividing line between Lots 2 and 3. Block 4
with the Southeasterly side of East Second Street, all as shown on Plat of
MANDALAY, recorded in Plat Book 1, Page 194, Public Rewrds of Monroe
County, Florida, run Southeasterly along said dividing tine, a distanco of
150 feet to the most Easterly corner of Lot 2 and the most Westerly corner
of a parcel heretofore conveyed to A.F. Meade by Trustees 1.11, Deed No.
22153 and the Point of Beginninj of the parcel hereinafter described; thence
continue Southeasterly along last described course and along the
Southwesterly side of the Meade parcel, it distance of 250 feet; thence
Southwesterly and parallel to the said Southeasterly aide of East Second
Street, a distance of 125.8 feet to the prolongatiot: of the dividing line
between Lot 1, Block 4, and Second Avenue, according to said Plat Book 1. Page
194; thence Northwesterly along said prolongation a distance of 250 feet to
the most Southerly corner of said Lot 1, Block 4; thence Northeasterly
along the Southeasterly side of Lots 1 and 2, a distance of 125.8 feet to the
Point of Beginning.
Parcel 2
Leasehold estate, in favor of Canalis Holding Corp. created in that certain
Lease Agreement dated November 12, 1997 between Board of County
Commissioners Monroe County, Plorida, Lessor and Canalis Holding Corp.,
Lessee demises the following described lands:
The Easterly ten feet of Second Avenue adjacent to Lot 1, Block 4, MANDALAY
SUBDIVISION,accordingto the Plat thereof as recorded in Plat Book 1, Page
194 of the Public Records of Monroe County, Florida.
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AUG -09 -2010 02:27 PM CLERKS OFFICE 3052953970 P. 03/03
Dean lms" Z4l3
Wo 2477 pso
wr
A strip of lend 125 feet wide and 250 feet in depth off the Southwaterly side of
Block 3, acid scrip being 125 foal on Eut First Street and Bast Second Stmt snd 250
feet on Second Avenue, MANDALAY, according to the plat thereof ceoorded in Plat
Book 1, Page 194 of the Public Records of Moms County, Florida Also described
as A strip of land 125 feet wide and 230 foot in depth of the S0u@►weet0iy aids of
Block 3, said strip being 125 feet . on East First Street on East the cco Pl W SO
Avenue 250 feet on Second Ava me, MANDALAY, according
recorded in Plat Book 1, Page 194 of the Public Records of Monroe County, Florida.
AND
A tract of land in Block 3 of MANDALAY, a subdivision of Key Largo, soco to
the Plat rocerded in Plat Book 1, at Page 194 Public Rocords' of Monroe County
Florida, said tract having a floatage of 100 feet on East First Street, according to the
plat of MANDALAY, and a depth of 95 foot and further doscribed as thv
Northwesterly 95 fist ofthe Northeasterly 100 feet of the Southwestody 225 foot of
said Block 3.
AND
IU Noanisterly 50 feet of the Sou&wcsWy 175 feet, and the Northeasterly 50 feet
of the Southweaerly 225 feat, Block 3, MANDALAY, a subdivision of Key Largo,
aoeotding to the Plat recorded in Plat Book 1, page 194 Public Records of Monrme
County, Florida, .less the Northwesterly 95 feet of the Northeasterly 100 feet of the
Southwesterly 223 feet thereof of said Block 3.
Lots 1, 2, 3, 4, 5, 6, 7, 8, 30, 31, 32 and 33, Block 2, MANDALAY, according to the
Plat thereof, as recorded in Plat Book 1, Page 194 of the Public Records of Monroe
County, Florida
Doc# 1844529 MONROE COUNTY
8k# 2527 Pg# 185 OFFICIAL KeMs
Doc# 1615955 12/04/2006 3 :15PM
Filed d Recorded in Official Records of
MONROE COUNTY DANNY L. KOL14AGE
This instrument was prepared by and rcturn to:
Bemardo A. Portuondo Doc# 1615955
Liebler, Gonzalez & Portuondo, P.A. Sku 2255 P9# 1136
Courthouse Tower, Suite 2500
44 West Flagler Street
Miami, Florida 33130
ASSIGNMENT OF LEASE
EARTHMARK COMPANIES, LLC, a Florida limited liability company, the lessee
under that certain Lease Agreement dated December 1, 1997 through November 30, 2017 (the
"Lease "), recorded in Official Records Book 1736, Page 1428 of the Official Records of Monroe
County, Florida, as assigned by that certain Assignment of Lease dated February 2, 2004 as
recorded in Official Records Book 2015, Page 1406 of the Public Records of Monroe County,
Florida, which Lease demises the premises described on Exhibit A attached hereto located in
Monroe County, Florida hereby assigns and transfers to OCEAN SUNRISE ASSOCIATES,
LLC, a Florida limited liability company, as Assignee herein, all right, title and interest in said
Lease for and during the rest and remainder of the term of said Lease, and subject to all the rents,
agreements and conditions of said Lease.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on the
21 day of Move MNxr , 2006.
EARTHMARK COMPANIES, LLC, a
Flor' liability company
Doc# 1844529 4:�--
Bk# 2527 Pg# 186 By:
Cordello, Manager
STATE OF FLORIDA )
COUNTY OF LEE ) SS:
The foregoing instrument was acknowledged before me this � day of
hrnll ecr`oe.r , 2006 by Douglas J. Cordello, as Manager of Earthmark Companies, LLC, a
Florida limited liability company, on behalf of the company.
Personally Known ✓ OR Produced Identification
Type of Id tification Produced N �,
Print or tamp Name:
Notary Public, State of Florida at Large - �_.�,.
KAREN J. KUHNEL
E . MV COMMISS ON a 00 My Commission Expires: 7 la'.a107 � 07 2341 So
exaiAes. M za zao� OilJiY FL "my phut
�t biOC. e0.
Page I of.2
Doc" 1613953
Bktt 2256 P9N 1137
ACCEPTANCE OF LEASE
OCEAN SUNRISE ASSOCIATES, LLC, a Florida limited liability company, the
Assignee named in the foregoing Assignment of Lease, hereby accepts the Lease referred to
therein and hereby agrees to abide by the terms and conditions thereof and to pay the rent
thereon.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on the
Z_ day of 0o%jer w_Ar , 2006.
OCEAN SUNRISE ASSOCIATES LLC, a
Flor' ted liability company
STATE OF FLORIDA )
) SS:
COUNTY OF LEE )
Ilo, Manager
The foregoing instrument was acknowledged before me this 24 day of
V'Nov r-Moe r , 2006, by Douglas J. Cordello as Manager of Ocean Sunrise Associates
LLC, a Florida limited liability company, on behalf of said limited liability company.
Personally Known ✓ OR Produced Identification
Type of Identifiation Produced N
Print or Stamp Name: / I
Notary Public, State of Florida, at L
per, .'"'~
N
.�" KAREN J. KUHNEL
My Commission Expires: ? 12
�?!V MY COMMISSION N 00234//10
'M'
EXPIRES: Jury 20,2007
1-800 pfARY FL Naary Nomen Assoc. co.
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MONROE COUNTY
OFFICIAL RECORDS
Page 2 of 2
R (TUE)JAN 18 2005 17:16/$T.17:12/No.66602715da r c
PHOENIX LAN PARTNERS p 1678803
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'�'fIAT: •i a Mow= Cbg* Board of
MII�I By 1'fiESB pRE4ENU into Now®ber 12, M ""lb
KNOW trio L°p01r im tbs tars C�m, LLC. does
rams y "`fie cQ,�
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bweby O0 s m OxNn Sunda Am . of "m 100,
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&s mader4md bas s ��d and MAW d& iwtnuaent on this
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FILE #1- 4 507334
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CONSENT OF LANDLORD
KKOW ALL A-M BY ifWS PRH9WM TM7: NOtqWB COL7 PrY, a potttl*Q ajbdMvkQ + of>he State
of FSaefb�, fa Lawn twined in thA I.iat►.1wt80' coorlt% W tkta t�i;sna l dtudt few III+
CANAU a b{UT OW0 CW., rAWIDWA CONYANEK EK LLR a Fluids b It" WARY —q- Y,
real an of thn tarn, w and eeeditian of rdA lwua
IN WiT?16&9 rf?fMgor, the tttaljrfWed hw sipd and waled six ie{lfti m a t tlda i ath * or
yebt aary 2004
MOKA MUNlY
i
.. F
CLOK
a it lyl
Fn
rn
Doc# 1844529 rn
Bk# 2527 Pg# 189
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MONROE COUNTY
OFFICIAL RECORDS
MONROv' COUNTY FILE # 1 4 5 ® 7 3 rJ RCD Jun 11 2004 01:1 2..PM
OFFICIAL RECORDS BK* 2 0 1. 5 PG# 2 4 0 6 DANNY L KOLHAGF, 1,LEZK
ASSIGNMENT OF LEASE
KNOW ALL MEN BY THESE PRESENTS THAT CANALIS HOLDING CORP, tle kasee under
Leese Ateersott dated 1210111!7 dirouO 11/302017 detrtf* the perkis prenrses described on
Etdsl'bic A atntine 1 hereto Ie - t 'in Menroe County. Florida.
HEREBY assigns and transfers to EARTHMARK COMPANIEL LLC, a Florida inroad k 6dky
cawvany, as Asdpnw herein, AN rim title and interest in s*d lean for and durirtB do run and retnebtdar
of the tare of said Lease, and sub*t all of the rents, as 0antetts and conditions of said lease.
TO HAVE AND TO HOLD the same unto the said Assignee from the ,` day of
I WITNESS WH REOF the undersigned has signed and sealed this instrument on the .2.
day of SJ ff
ceded and deawed
resew* ok' r
Br L
1 ALTS HOLDI
JO N M. SINGLETON,
NAN N
j ur cr�M�'dv ooh
Qyn dc EXYIR.�1�1: AQr I.y, ,iN�l�/
i 42X1 )Th7Y hl IM�Y ! • ft /�
• ACCEPTANCE OF LEASE
KNOW ALL MEN BY THESE PRESENTS THAT: EARTHMARK COMPANIES, LCC, a Florida 0 iqd
liability company, the Assignee named in the for Assigunent of Lease, hereby accepts the Lease
referred to therein and hereby agees to abide by the terms and conditions thereof and to pay the rent
thereon.
IN4MTNESS WHEREOF, tly undersigned has sfgned and sealed tlNs instrument on this .'� da of
,3tY> Y
..t.d ant d.aY..d
EARTH K COMPANIES, LLC
By:
`'�] ��✓ IA.NCI D. WYNN
Otr.s.ISSION r Un W5783
7: . „4 C1f1 Mir I,:f1p3
1y644NQT4RY GI. mmy 9uHp Bade, Y,C. .
Doc# 1844529
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FILE #:1.45pj7,3_3
HK #2015 FC 7
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THIS LIlASE AGREEMENT, motle a rrr ra
be hvtvn the BOARD OF COUNTY COMMISSIONNEIPSdOFIMOM, GJ day of nM APIs Val
r¢laned to 01 " IESSOR' and CANALIS HOLDING CORP_ hervlrle OE COUN too, OM Nlah" a
LESSOR. I and in corulocro,,d, of IM y rn ^s
Con(olned, dope hereby Isola to Sold LESSEE lh� l coven and opreem¢nli herelno(Ivr
" to the W.Mng tort. and conditions. descnbed h paragraph 2 bola,, and
1• I m the lartn of this loa,e Sh ren ell be for ¢ period Ol h
andln N 1701 yeas cemmencinp on
Pun and to Iho Pravrllcnf of Jhls lour■, an // ,� -11-15 loon., lerrrrinol.d
r'
$ GLSCdIPT /eN- -- nr °— °°'° iho
or Mons, Store o and PmP "I'y svbloc1 to Intl 1-140 It ,fluot.d In the County
Avenue, Mandotvv SubdlWl Ku mwe PanlculanY derer(bad as the easterb Ian reel of Second
Book I - IP /. N Lwpo, Monroe Cavnly, Itaddo, odloconl IQ lot I, Block t. Plot
and mode a w� tow is !or the purporee decoribed h Ehhbil A which 11 Oftched horde
0 h-1
date and each a v� LESSEE r Ih goy (o LESSOR wilhln d op y (ht camm One 0 Men I
Beard or County ry Ihareolfer, the sum of to S lOp peryoar to u.d
SDD Whitehead Sfreo(, Kay Well Florida to the Clark tar the
N COmneularKK', b! remi 57010,
5
lo, rfOm and -pan the I ■mtd pramb.s Iw oe LESSEE shoR hwj the right of ingress and egrap
'old LESSEE of the rfghf, conveyed heroin Purpam necessary 00 the full ouiat enjoyment by
6. I77dALRNORIP n se LESSEE shill through Ib open- and employee. Prevent tho
vnavlhwl:ed use or Iha leafed Promhvs w any use Ihomo( not in oanrormance with this laws
No Chdngu w knprovem.nls whICh lncreoso to any degree the esisling lootprInt o1 bvtldh
sold I■osad premhe, or Ohl, other tmpmvement, or any adolRon to onY a>nrrin
ash and mck,, ,huff b¢ albwod 0, on
Including pl
under Ihh lea,■, g tantlscapinp,
7, AStIGNMENTM .,....
wfrhovi the e a =rft'b LESSOR. Ihol; not be os, nail w whole wIn pay
c or pl w o . Anv aalgrvnenl w sublaasa mood e0har h whole or
fn Poll wllhavl th e dllen consent oconsent LfSSOp Shill be void and wlihoul IegOl clloe),
M B• 1 :OdFtdE2C.f This lease inublecl to any utrpry "MCMe0l porting on rod fooled Pramber.
y other eafemenl not aporaved In wAltng by LESSOR shalt be ,aid and without Iegal allaef,
9, ID6HT OF tNep F C "
emplopeer'hall nc— N LESSOR or Its duty aulharfred agents, raIXa,anlaliver or
Premises and the works and cperatkm or d all lHol during oovnphl hove to WPW me teased
LESSEE to any moll" P"tohlnp IQ $his Sens.,
10. INSIIRANC'' urn u
maintain palates of Ilya .■Landed ri Owing the term of Ihis leosa. LESSEE Shen procure and
eov■ra and be ' s 'u and Ilobl0ly Imuronee cvv "opa, • The IlobAfly lra -,ones
v1 amounts not ]all than Sloo- 0,00 Dar occurrence old
Occident to ' W Ir>fury, d 5200.000.00 per
o(l 0olh and property dao0e on Iho lapsed Wemhn. Such policies
w +it len shat h na me LESSOR. Monroe col,nh,•. m and LESSEE a' C"11,red'. LeSSEf Shan submit
en 0,l a Owl dCrx■ of having Procured all Inrwon" Po Fcies ropuired herel,, privy to Iha cnociive
..�.(v. �Y3Mr,):,ir.'6.0 1., ; ° u.L:Y 1...11r :,,:.:. ..��Y(�.. t1.1.. •..
Doc# 1844529
Bk# 2527 Pg# 191
FILE # 1 4 5 ca '7 :3
BK 9 201 S PG #3 40E3
"� ret?ri M+7+5ri
e-
�
Pursuant to Ih mss' altars Or other mo,s tot, mod■ ar rOC%1veeEl corlunollo to CHOW publk oeee„ 1,
eprovisions of n With Ih)f loose.
Chapter 119, Flo ado Slolules.
1e.
SS dMISF$ IESSOK ofsumcs no liability or obltoalian fo LESS[E with
'�
reloOR mn to to to the LESSEE In an Cane as 4 OI i7te lMod pgrneet, the loosed pramlse, herein ore 1001 by
refa�'` mo 'nfenonceo InspraYemanf Ond);on, with LESSORos rumin0nore,pomlblEl ear (he eare.fe at,
Of the looted Onmhw fur Ihp hareem of LESSEE. p
Doc# 1844529
Bk# 2527 Pg# 192
FILE s
• 'r
• '`
Eh!L 7 h�5I eU
data of Ihb laare and ,hoc submit
ln,uraneed
Ih"""
k.Yr;
'+' ;•
annuo the
to Ihp Cle rk of the goad evidence al
r y'
Sir.el, malntafiln
o Covny C nvnbsfon
!, en. Monroe Caul 0 , ueh
Rnar 3 LESS
rJdy respons
yrIce
+ t{
i � '
f F
e f 'uurOF duty
ulh or d ob u purrhan all Polkle, of In Mm .3
hl iurs to re fora y ovthRed to o hdnm, In the Store of Florida, LESSEE fro e
ESSEE shop be
to molnlatn sueh rry lOU live toloeu n io obloin odegvoh
f t,4 policlu
w
yj s �,
I to InWrance rov
hy tome. or cv0ficoles In ohs amounts sal twlh uha3 con,Illuleo0e•'ond Ihp
• . O breoeh of
it
l " ,LUIS= Each part' b re
of Mbutable ro fho negl)gent acts or oom(bip for s>!I Pengnol M1hnv and
agenU thereof. N g OmbftfU of that Part' and the oface PrePOriy tlomope
&" Fr 1.
rholi
fmmvrsfy *moved by a hertn 00r be conrthsed of on Inder n' es emplOYe and
amendad part' hereto. ""It' or a woNw
•
• ....
or provided In of sovereign
from lime to Ilmsy, aonyathor law , CEon 76a.1A Ylalda Slofvtas, n
Providing Gmllo)an,
on clalml.
IZ• PdY�P)J(LOf TAXfe A
� �'t,'
'; `"
D A
,haY pay a0 Labbrila, t LESSEE ,hoc
Ineludlna any and ON o O! accrue to the 100, Osvme tvc respomibciy for and
Mnd d alerem lose, der or to the 1 TpfOVemOnh
O: J1i' ;. •
and ON macho a thereon.
red g ! r peclal oueams"Is
tl of a 1
ms's m
Icvlad ogoim or l the )eased pr '" oleROlm CNE Ilan which may be hereafter o 116 ar every
lr, lowl.ffy
•, !d " :
Lr t ..,l • '
HO WAeVER n[ ■
cl pedonnoncp of
vaon ,Irf � a «ml of LESSOR to tn,W in any ono or more (mtanees d"-Y one
shoo no! be COnflNad the covenant
�}% I.i _„'.', •
as O farms and condfl of InP Arne
conllnve In full force Chat eflea and no wafverOf LEESSOR of s
terms a ConWlions, but the ,amp sholl
S Oven! ba de[med to hay! Ina
'
LE been Y or p evbron
LESSOR. mane unless the s here ro dells I n
Diver h le' lOrlh In wiling, )(gy
1 Vrp.. Vii-
reed b y
1 e. tLME nme b exPryaly declor/d to be of the suenop Ih'b
, • ;::x /y •.;
of leols.
fumbhing of 117 L L
OOS, a I&Sponsbbk for Inc
,::;
N. wo and o p"Mr,l al' of ch
aR uitlf)lo, turned ff whe ulclae, to the ko ogu ear no
aft ufien the feW ed ommh,$ � aerobe, oral for hovina
+•',+ '•
ow n rrg ndered.
bUdEBd�
:
This too,e
minerolr and dget not give Iho d dam not cover pohole
gIGHIS home,
s PeelRegOYre »rvei the Ohl fo LESSEE to dNl for Nm or petroleum leum predvelf or
'p or dwelop the
rfghl to )eofe the Iomedp(".&j
and LESSO
o;I and mtnlrab b Whate for explo n , ; end RR
shoe be hilt' cam y provided, oweve o
sold L dfor any an 0 d.mg; f
LESSEE b n ppnsot for any and Op d �
Tha miphl v
l ault to the :wfelwr
Y orn olsvch ffspla'otian d Infore,l
o r . .as
and recavory CPerolion. of
r '
17. RIGHT OF wnnr
r[ialino to )Fly lean; LESSEE shall make avoaabl! Io LESSOR Op t1nOr1Cip1
and LESSOR ,hall have
reosonob(e
) the right to •llhw oudll mchrecor record, arry
ab ql
Accault)anl dUrino the a f! the subnv'lld of on annual indePOndenl
Cud) b o
m of IN, hl shall be Y C[rMed
IBO 1tN, fight FubEc
b4c
lOrminoted. Thb lean may b[ lermhsalfsd p o Ccnflnuovs until Ihl, tease o
Off ;...'moms pa 1 Y LESSOR shoWd LC1S epira er b
Pursuant to Ih mss' altars Or other mo,s tot, mod■ ar rOC%1veeEl corlunollo to CHOW publk oeee„ 1,
eprovisions of n With Ih)f loose.
Chapter 119, Flo ado Slolules.
1e.
SS dMISF$ IESSOK ofsumcs no liability or obltoalian fo LESS[E with
'�
reloOR mn to to to the LESSEE In an Cane as 4 OI i7te lMod pgrneet, the loosed pramlse, herein ore 1001 by
refa�'` mo 'nfenonceo InspraYemanf Ond);on, with LESSORos rumin0nore,pomlblEl ear (he eare.fe at,
Of the looted Onmhw fur Ihp hareem of LESSEE. p
Doc# 1844529
Bk# 2527 Pg# 192
FILE # -1
BK# » 1..4
0 any haea o 1p o a dangerous waste, subslonce, maledol Pollulonf a
lt' Flo S ^ PoLMontsis and alullon" JhOX mean
Florida rida Sloluln, thole product& or IUbf IOne de(l'Nd In
ChOPIW 376 and Chapter 403, end the rules
� ' - emended Or updated from Ilene to Elmo. In the avant of LES �E'f lO�v 0 there off as ,•
•, _ I perbgraptL L133EE lholl, of Its tole cost me' Womplry commen e c omply
t end e$ ent with tnts
' any Iega0y required cb G rure, Invests all c and diligently Puma
giaamenL dsonup, deeonl So and judge
restoration and manllorinp of 11} the lea ea P,41P,41,11". d pret. and (2) of Off 16 la
g
`L wo/en and Lands affected by LESSEE`I Such !allure to'com Ground d and rudae
e •,
I I laced premiS•s` and affected ojf -Site woten end Ionds in o (up �II �� the
Iadorai, J1olo, or loco, Rolutes, ;awl, at eompNance,vilh O a ppilooOle ;d7
and to regare Inc damaged prep %'' codes. rules. repulo)iona orders. and oecreeA
cawed Iho
• occurrence which domope LES FI ob Sol ores n 1 p °rpp/ooh 'n r1
l..:
Survive the termination of "Pi a"On 01 NIS leas, ihU paragraph rhol not ae construed o' a
Prttilolion Vpan LESSEE's cb0gollonr roparding Indcrnrtd'eallon and povmenl0l cosh and te
. ,
Set forth in paagroph 12 0! the le nor n al
Vpon Orly other obllgollont or responsibilities of LESSEE
J
'_ ^�•—� w.- ..,•..,..w.. ,r. v,,,�, ,,,ww.�,.u" %«,,.'tile- +I +a+n*wM•w, IV N,MV,,,.,.+.... �.�� . MRpf�'
Doc# 1844529
8k# 2527 Pg# 193
17.% L+9 :1, a9 ,
. ,
3 !: 9G /:L 4.3 W
,'•�'•`•. `
- 19, f.(�2LieNCE WI7N IAWa
jecr to LESSEE obtoP>fnp aU p P
.d '
ro a
I All nollc•l given under I
eertlfled n, I
,y�,t• } ,i ,tit' 'L :' P
% h P ar ty to w ;I1M t
�t.i•Yir�{,iy:: L
LESSOR:
t li r ? " ai r, '.,, P
MOMY Webb
I,i -• S
80 Bull Second Street
,. Key Lace, FL33037
21. Q1iEA.C}1 OF f&Z N
M1'.'• ;: C
NTe iF RbL e
of Such notice, In the oven! LESSEE loss to remedy the blench
to the soli doellon of L133QR within ILW 1601 day' of receipt of wrllfen nolfce; LESSOR may e
� '
either
. Cz• • �
•covMn Ina I
'
ho,ol
conferred upon LESSOR r
22. ❑AMAGETO TH Pp utpt
r'' I
I• +I LESSEE shat not do, of Svihr to be tlorq, 1% on w upon the IeOSetl atThel a Of
de
+a•...,. c
($I LEVEE Shelf not '
a toxic SUNIOMCtL
chemicals or other agents 01% into, w from the looted
n
a pmhn v cry gd(ocen! tends O<wa1N In
M manror not PC by low. for the purposel of This (Colo. "hoeerdaw l
lubrloneer` %hall
m +an and include Ihore olem•nN or compounds dellned in 42 USC Section 9601 of which CIO
eonfalned In the WI et hazardous l
lvbitcncel adopted by the UnIled Stoles EnvIr-nmentat
or the
PrOIOC A
A w
uoblpty S
Doc# 1844529
8k# 2527 Pg# 193
N'iLE # 1. 4 5 0 7 3 8
DK#2015 PG#1.410
Y i .
5 1 }
,..�.... r.h fi, ;�rl �'! �elyd�ii� fYY.0 S�t� ril.r.:!xre.L:. r... w� l.l .. _ ( t: .. ., r. - \ ✓ r.
FILR s1 2 N 5 1 El 9
Mill 1. 7 3 lei pCf .l 4 3 y
'A
it' '
Tj !.
see sot frolh harob, NOINng herein +hall rellwe LESSEE of (my respanilb)lly or Ifobglty prescribed by
few for Ilnof. penalties and damages levied by governmental agencies. and the cost of cleanln
vp any conlam(nofian caused directly or Indirectly by LEMIfIl ocWlfef or IOCRUes. upon
discovery of a release al a hazardous subslonee or paliuiamL a any other vlelollen of local dole,
or located low arcQnonce• coda. MO- regulaUOn. order or daaee reloMg to the ganerallon.
flemge, production, ploc41mens, Treatment. release w discharge at any contom!nanl. LESSEE shah
report wen vlolo"On la ag applicable governmental 09"Cl a hdving JwAdlelton. and to LESSOR.
all within the reporting paned of the appaceble agency.
(C) Should the bugdngi which *.land onto the lamed premises be wbdonficBy
damaged for only fSOM and cannal be repalred but mwl pwSvgnt to low, be removed and
replaced by sltvcfwe(sl meeling laws In ewstence of the gm41 of such occvrrence. this hose sholl
be oulomollooliy Ierminoled.
23, tuRaENDpR Or< PRe:.: em Upon lornsinallon of miskoilon of this kola, LESSEE shall
wrrander the leased premises to LESSOR. In the event no fvtlher we of Ihs holed premise, arany
Pcft Iheree( h needed. LESSEE SW glve wrsnm nolgicallan to LESSOR of least flit Ib) manses prior
to the relaoao of any or all or the hared premhel. Notification shag Indudo a legal o rice
and an explanation of the rofeofo. rho ('1111001411 Shall only be valid U approved by LESSOR Iwougn
the 41x"cvJI9n of o 1`91410141 of lease Insltvmenl with the some !ormony of this base. prior la
surrender of all or any pan of the leased promises, a repfelen4bf)vo of Iho ONlslen of State Lamas
shop poRafm an Ondlla inlpeetkn. U the leased prenthes vlolof41 eandilsons eel forth h paragrah
b heroes. LESSEE shatl goy all p
changes. cosh necessary m
10 remove any vnoulhoritod improvemenN or
24, psrON1411110N5 AGAIN¢r LI N OR QT RFtl r>. - « ec pee title 10 the leafed
premises is held OV LESSOR, LESSEE slag not do or perrNl anything to be done wNch purporls to
wools, a gem a onawnbrance of any nofvM egolnp me real property eon,omed in Iho leased
premll`9s includila, but not rimlied to, modgoges or comIN01!an gems against the !eased ws,mhes
or against any Intefosl of tESSOR therein.
25. PART A{ IN AL= If any form- covenant, candCan or provision of INs leore Shall be
wed by a court e( eompelont W diclio, to be Invoild void, or unenlamceble, Jhe remainder
Shall remain In lull force and effect and shag In no way be allowed. impokad or fnvelidaled.
26. Execution oT INS leere in no way ollecb any
Of the parties' obligations Dumont to Chaplet 267. Florida Slolvta. The colocfron of atiltacts or
the dh N(bonce of acho.oiog;col and h41orid silos on dale-owned lands is prohibited unless prior
oulhodsonon has been obtained from this Oepoflmer'l of Staff, OtyBien of Hlslctical Rmovrcon.
27. SOvF KKatry.S.LJgM $° r A� ^e this lease does not avthorfu the use of ony fonds
located watenvoid of the mean of ordinary high water line of any laka, river, stream. creak, bay,
erluory. 01 Oihar wafer body or the wafea or the cl+ rpoee Ihoroobove,
29. n rp t ATp ORt -iNA this teal* If executed in rivprcofe origlnaff, each of which
mall be corelder an anginal for all pvrpoles.
2y. FNTIRf MO W AftQftQ This loofa 4015 forth the enure Undemanding between the
parlins and chap only be omended w%rih rho prior wntlen oppraval of LE55OP
30. MAINTENANCE OF IMPROV F fN'e LESSEE sholl rmointoln the real prop4ty contokred
within the lerned premise h a store of good condition Inelvdlng, but not fvnied Ia. keeping she
lamed pramisei free of bosh or klter and mcOng ail bvllding and Softly codes in the localion
situaled.
.... .�_..._.,,.,,__....�._ ..- ....^mow
__ - ... �:�.: ,�. .r�Y � , :,.:.s:: L::L"x „ s / r1_.. _...�.,. .L ... _i(1_�� i,r1LcU
Doc# 1844529
Bk# 2527 Pg# 194
FILE #1450
BK* 2 0 1 5
aJ1'41 +J IRi�:� •NiA,'ds^i44}1a /d .l•� +, ..� ....n't' 4 ,.�.,i
/1LR 11. 2 E S 1 13 9
BN1173Y: P011432
3 +• soy
I— of the Sioh of FIO a, A ° Thh "ewe ch011 be 9 by and Jnlerpletdd accordln0 to the
32. Sper!pN .CA1RioHe Arlloieti mtyeel" and other ned In !Mr lea•
ore !a relefMe• PwPoses Only, and We in no w
the W4MI orinl•nt of ft IOUs, w o Intended to d copttoni conlat O' be. Nam( f dente or UMII
any pro.lstont thw*w.
- '�'' b J M WHEREOF, the
doY and d 1 above Wrfllen, parties herolo have catnad ihtr bm• to be axe—f on the
)SEAR)
ATTEST; 04 rOLHAGE CLERK IOARO OF COUNTY COMMISSIONVU
Nrv`LORIDA
N.oyor /Chokmar.
Doc# 1844529
Bk# 2527 Pg# 195
" CAHMIT HOl01NG CORP.
�F, ?i::`.
a • k7 '
• paeau.o.vm.nl
IAary YJI bb. ►retld•nt
, g ` .
a�
hr�
AIM �Z"ICZ
AN
O
RY
OAIA
S
Doc# 1844529
Bk# 2527 Pg# 195
FILE #14507 39
BK# 2 0 1 5 PG8 1 4 1 Z'
'
Gretchen _
Cora) Reef 71tie company
Via fax: 1 / 3 05/48l•0994 '
Re: Canalis Holding Corp, (Mandalay)
Door Gretchen: '
1 am razing to you page 3 of the lelee Agreement dated November 12, 1997
With a portlun of paragraph 03 mmi deletod. t have initialed. the as no sxhexhibit Co
Wag ml Tear part of the agreement, Also, I am taxing two pages from the County
ssion's November 12 1996 maeUrlg minutes and a latter dated August 22,
199!!. The letter Initiated An attempt to purchase the tan Not wide strip of land, but
the Commission determined that a twenty year lease would be mom appropriate.
I hope these Items asslst YOU In eempleting your tronsectlon.
31nccralY,
C
Suzanne Al Hutson .
Assistant County Attorney
Sa+ /u
Enc,
cc; Marty Webb
,41 )1 1 801 COUNTY
ORPICrAI, egroFOF
� OUNTYSnMONROE
I♦.
N11nw gyr �, w �
t*NMeN
ON Yw NRr M111ae1 eaeY1.
[lYlw Urtq, 044M1
u� w M �1Mw6.044M t
.
w6e PIhYI l
om,r.fu„ Caw g nr4Y..y
ro a.. Ip2e
Key Wew FL 11611.1026
FrLN / 1 2 E 5 1. e g
301/212".x2.M—
81 1'1 7 .3 M POt1 4 a '3
'3
August 21, 2001 '
Gretchen _
Cora) Reef 71tie company
Via fax: 1 / 3 05/48l•0994 '
Re: Canalis Holding Corp, (Mandalay)
Door Gretchen: '
1 am razing to you page 3 of the lelee Agreement dated November 12, 1997
With a portlun of paragraph 03 mmi deletod. t have initialed. the as no sxhexhibit Co
Wag ml Tear part of the agreement, Also, I am taxing two pages from the County
ssion's November 12 1996 maeUrlg minutes and a latter dated August 22,
199!!. The letter Initiated An attempt to purchase the tan Not wide strip of land, but
the Commission determined that a twenty year lease would be mom appropriate.
I hope these Items asslst YOU In eempleting your tronsectlon.
31nccralY,
C
Suzanne Al Hutson .
Assistant County Attorney
Sa+ /u
Enc,
cc; Marty Webb
,41 )1 1 801 COUNTY
ORPICrAI, egroFOF
22 y )
t.
Doc# 1844529
Bk# 2527 Pg# 196
�t1.L
22 y )
t.
Doc# 1844529
Bk# 2527 Pg# 196
C� ON oraonxro.o ROE
Offkt of the COMtty Attarey
P.O. Box 1026
Key West, R 33041 -1026
30'5/292 -3470 -Phone
305/292 -3516 - Fax
Ak
ow MAYOR Georg. NoWnt, owtfict 2
Mayor Pro tern Nero W111k ns, District 4
Chmine McCoy, District 3
M+*W Nelson, District 5
Dixie Spehor, District 1
40
MEMORANDUM
TO: Pamela G. Hancock
Deputy Clerk
FROM: Suzanne A. Hutton
Assistant County Attorney
DATE: October 16, 2001
SUBJECT: Lease Canalis Holding Corp.
Enclosed please find a copy of a fax requesting a true or certified copy of the lease
between the County and Canalis Holding Corp. My records reflect that the lease was
dated November 12, 1997. It is my understanding from discussions with the property
owners that they are refinancing the property adjacent to the area under lease.
Apparently for title search purposes it is necessary to clarify that segment of the
constructed and landscaped area which is in fact owned by Monroe County and leased to
Canalis Holding Corp.
Please provide me with a certified copy or forward it directly to Gretchen Holland at the
address indicated in Key Largo. Thank you for your assistance in this matter.
to 11
Enclosure �M A�r,
Y
Doc# 1844529
Bk# 2527 Pg# 197
18/12/2881 16:87 3854518994 CORAL REEF TITLE
REEF THE
oetoba 12, 2001
Suz one A. Hatt
A y
County of
via fu: (305) 292 -3516
PAGE 81
RE: 10 -3783 CANAUS HOLDING CORP. LOTS I do
2 MX 4 MANDAL AX SUBDMSION
Dar Ma. Hutton:
In motion with the above captioned tramwdon, we are requiring that the Lease
Wwhvean C Qh Holding MW the County bs Mooeded in the Public Reeonis of Monroe County -
As you know, In atria to do so. the original or a certified copy is the only document that can
be recorded.
Could YOU PIMw scnd = a catified copy of the Lease and I vall have it recorded.
Si,noerely.
Q
F�Ig10�Bor lSq
��►Fb4d�?3091
pD6t4S1120C
9f WAV
pool ssse4es
��iS2�7l6
fit our a<
83a36Q �s
PoMObOat 314
MOO=
fMR Bi4-M
F=p0$6B4 -MM
Doc# 1844529
Bk# 2527 Pg# 198
C UNTYjo ' t ONROE
KEY WEST R.33040
(ans) 294 4"r
Office of the County Attorney
PO Box 1026
Key West, FL 33041 -1026
305/292 -3470 - Phone
305/292 -3516 - Fax
�J
August 21, 2001
Gretchen
Coral Reef Title Company
Via Fax: 1/305/451 -0994
Re: Canalis Holding Corp. (Mandalay)
Dear Gretchen:
BOARD OF COUNTY CGIWMMfONERS
MAYOR George NeugeM, District 2
Mayor Pro tem Nora Williams, District 4
Charles McCoy, District 3
Murray E. Nelson, District 5
Dixie M. Spehar, District 1
FILE Ill 265189
BKi11736 PG 111433
I am faxing to you page 1 of the Lease Agreement dated November 12, 1997,
with a portion of paragraph #3 deleted. I have Initialed the deletion as no exhibit
was ever made part of the agreement. Also, I am faxing two pages from the County
Commission's November 12, 1996 meeting minutes and a letter dated August 22,
1996. The letter initiated an attempt to purchase the ten foot wide strip of land, but
the Commission determined that a twenty year lease would be more appropriate.
I hope these items assist you in completing your transaction.
Sincerely,
Suzanne A. Hutton
Assistant County Attorney
SAH /ss
Enc.
cc: Marty Webb
MONROE COUNTY
OFFICIAL RECORDS
Doc# 1844529
Bk# 2527 Pg# 199
x �
Doc# 1844529 LEASE AGREEMENT
Bk# 2527 Pg# 200
THIS LEASE AGREEMENT, made and entered into this day ofu � 5� 1997,
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter
referred to as "LESSOR" and CANALIS HOLDING CORP., hereinafter referred to as "LESSEE."
LESSOR, for and in consideration of the mutual covenants and agreements hereinafter
contained, does hereby lease to said LESSEE the lands described in paragraph 2 below and
subject to the following terms and conditions:
1. TERM The term of this lease shall be a p riod of twenty (20) years commencing on
/ / — and ending on // 2-017 unless sooner terminated
pur want to the provisions of this lease.
2. DESCRIPTION OF PREMISES The property subject to this lease is situated in the County
of Monroe, State of Florida, and is more particularly described as the easterly ten feet of Second
Avenue, Mandalay Subdivision, Key Largo, Monroe County, Florida, adjacent to Lot 1, Block 4, Plat
Book 1 -194.
3. PURPOSE This Lease is for the purposes described. im -&Aii
a, id it oude a f.
4. CONSIDERATION LESSEE shall pay to LESSOR within ten days of the commencement
date and each anniversary thereafter, the sum of $100 per year to be remitted to the Clerk for the
Board of County Commissioners, 500 Whitehead Street, Key West, Florida 33040.
5. QUIET ENJOYMENT AND RIGHT OF USE LESSEE shall have the right of ingress and egress
to, from and upon the leased premises for all purposes necessary to the full quiet enjoyment by
said LESSEE of the rights conveyed herein.
6. UNAUTHORIZED USE LESSEE shall, through its agents and employees, prevent the
unauthorized use of the leased premises or any use thereof not in conformance with this lease.
No changes or improvements which increase to any degree the existing footprint of buildings on
said leased premises or any other improvement, or any addition to any existing landscaping,
including plants and rocks, shall be allowed under this lease.
7. ASSIGNMENT /SUBLEASE This lease shall not be assigned or subleased in whole or in part
without the prior written consent of LESSOR. Any assignment or sublease made either in whole or
in part without the prior written consent of LESSOR shall be void and without legal effect.
8. EASEMENTS This lease is subject to any utility easement existing on said leased premises.
Any other easement not approved in writing by LESSOR shall be void and without legal effect.
9. RIGHT OF INSPECTION LESSOR or its duly authorized agents, representatives or
employees shall have the right at any and all times during daylight hours to inspect the leased
premises and the works and operations of LESSEE in any matter pertaining to this lease.
10. INSURANCE REQUIREMENTS During the term of this lease, LESSEE shall procure and
maintain policies of fire, extended risk, and liability insurance coverage. The liability insurance
coverage shall be in amounts not less than $100,000.00 per occurrence and $200,000.00 per
accident for personal injury, death and property damage on the leased premises. Such policies
of insurance shall name LESSOR, Monroe County, and LESSEE as co- insureds. LESSEE shall submit
written evidence of having procured all insurance policies required herein prior to the effective
MONROE COUNTY RCD Nov 06 2001 09 :59AM - Y1
OFFICIAL RBCORDS DANNY L KOLBAGE, CLERK c fi
FILE It 1 2 6 5 1 8 9 '-'
LEASE AGREEMENT
BKltl 7 3 6 1,3 1 2 13
r
THIS LEASE AGREEMENT, made and entered into this ,'L d �
ay of
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORID intitter O
referred to as "LESSOR" and CANALIS HOLDING CORP., hereinafter referred to as "LESSCf." 1 4
r
LESSOR, for and in consideration of the mutual covenants and agreements' hereinafter
contained, does hereby lease to said LESSEE the lands described in paragraph 2 below and
subject to the following terms and conditions:
1. TERM The term of this lease shall be for a period of twenty (20) years commencing on
! / = and ending on e�/ 7 , unless sooner terminated
pursuant to the provisions of this lease.
2. DESCRIPTION OF PREMISES The property subject to this lease is situated in the County
of Monroe. State of Florida, and is more particularly described as the easterly ten feet of Second
Avenue, Mandalay Subdivision, Key Largo, Monroe County, Florida, adjacent to Lot 1, Block 4, Plat
Book 1 -194.
3. PURPOSE This Lease is for the purposes described in Exhibit A which is attached hereto
and made a part hereof.
4. CONSIDERATION LESSEE shall pay to LESSOR within ten days of the commencement
date and each anniversary thereafter, the sum of $100 per year to be remitted to the Clerk for the
Board of County Commissioners, 500 Whitehead Street, Key West, Florida 33040,
5. QUIET ENJOYMENT AND RIGHT OF USE LESSEE shall have the right of ingress and egress
to, from and upon the leased premises for all purposes necessary to the full quiet enjoyment by
said LESSEE of the rights conveyed herein.
6. UNAUTHORIZED USE LESSEE shall, through its agents and employees, prevent the
unauthorized use of the leased premises or any use thereof not in conformance with this lease.
No changes or improvements which increase to any degree the existing footprint of buildings on
said leased premises or any other improvement, or any addition to any existing landscaping,
including plants and rocks, shall be allowed under this lease.
7. ASSIGNMENT/SUBLEASE This lease shall not be assigned or subleased in whole or in part
without the prior written consent of LESSOR. Any assignment or sublease made either in whole or
in part without the prior written consent of LESSOR shall be void and without legal effect.
8. EASEMENTS This lease is subject to any utility easement existing on said leased premises.
Any other easement not approved in writing by LESSOR shall be void and without legal effect.
9. RIGHT OF INSPECTION LESSOR or its duly authorized agents, representatives or
employees shall have the right at any and all times during daylight hours to inspect the leased
premises and the works and operations of LESSEE in any matter pertaining to this lease.
10. INSURANCE REQUIREMENTS During the term of this lease, LESSEE shall procure and
maintain policies of fire, extended risk, and liability insurance coverage. The liability insurance
coverage shall be in amounts not less than $100,000.00 per occurrence and $200,000.00 per
accident for personal injury, death and property damage on the leased premises. Such policies
of insurance shall name LESSOR, Monroe County, and LESSEE as co- insureds. LESSEE shall submit
written evidence of having procured all insurance policies required herein prior to the effective
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date of this lease and shall submit annually thereafter written evidence of maintaining such
insurance policies to the Clerk of the Board of County Commissioners, Monroe County, Florida, 500
Whitehead Street, Key West, FL 33040. LESSEE shall purchase all policies of insurance from a
financially responsible insurer duly authorized to do business in the State of Florida. LESSEE shall be
financially responsible for any loss due to failure to obtain adequate insurance coverage, and the
failure to maintain such policies or certificates in the amounts set forth shall constitute a breach of
this lease.
11. LIABILITY Each party is responsible for all personal injury and property damage
attributable to the negligent acts or omissions of that party and the officers, employees and
agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign
immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as
amended from time to time, or any other law providing limitations on claims.
12. PAYMENT OF TAXES AND ASSESSMENTS LESSEE shall assume full responsibility for and
shall pay all liabilities that accrue to the leased premises or to the improvements thereon,
including any and all ad valorem taxes and drainage and special assessments or taxes of every
kind and all mechanic's or materialmen's liens which may be hereafter lawfully assessed and
levied against the leased premises.
13. NQ WAIVER OF BREACH The failure of LESSOR to insist in any one or more instances
upon strict performance of any one or more of the covenants, terms and conditions of this lease
shall not be construed as a waiver of such covenants, terms or conditions, but the same shall
continue in full force and effect, and no waiver of LESSOR of any of the provisions hereof shall in
any event be deemed to have been made unless the waiver is set forth in writing, signed by
LESSOR.
14. TIME Time is expressly declared to be of the essence of this lease.
15. UTILITY FEES LESSEE shall be responsible for the payment of all charges for the
furnishing of gas, electricity, water and other public utilities to the leased premises and for having
all utilities turned off when the leased premises are surrendered.
16. MINERAL RIGHTS This lease does not cover petroleum or petroleum products or
minerals and does not give the right to LESSEE to drill for or develop the same, and LESSOR
specifically reserves the right to lease the leased premises for purpose of exploring and recovering
oil and minerals by whatever means appropriate; provided, however, that LESSEE named herein
shall be fully compensated for any and all damages that might result to the leasehold interest of
said LESSEE by reason of such exploration and recovery operation.
17. RIGHT OF AUDIT LESSEE shall make available to LESSOR all financial and other records
relating to this lease, and LESSOR shall have the right to either audit such records at any
reasonable time or require the submittal of an annual independent audit by a Certified Public
Accountant during the term of this lease. This right shall be continuous until this lease expires or is
terminated. This lease may be terminated by LESSOR should LESSEE fail to allow public access to
all documents, papers, letters or other materials made or received in conjunction with this lease,
pursuant to the provisions of Chapter 119, Florida Statutes.
18. CONDITION OF PREMISES LESSOR assumes no liability of obligation to LESSEE with
reference to the condition of the leased premises. The leased premises herein are leased by
LESSOR to LESSEE in an "as is" condition, with LESSOR assuming no responsibility for the care, repair,
maintenance or improvement of the leased premises for the benefit of LESSEE.
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BKtt1736 PGIt1430
19. COMPLIANCE WITH LAWS LESSEE agrees that this lease is contingent upon and
subject to LESSEE obtaining all applicable permits and complying with all applicable permits,
regulations, ordinances, rules, and laws of the State of Florida or the United States or of any
political subdivision or agency of either.
20. NQTICE All notices given under this lease shall be in writing and shall be served by
certified mail including, but not limited to, notice of any violation served pursuant to 253.04,
Florida Statutes, to the last address of the party to whom notice is to be given, as designated by
such party in writing. LESSOR and LESSEE hereby designate their address as follows:
LESSOR: LESSEE:
County Administrator Marty Webb
Public Service Building CANALIS HOLDING CORP.
5100 College Road, Stock Island 80 East Second Street
Key West, FL 33040 Key Largo, FL 33037
21. BREACH OF COVENANTS. TERMS OR CONDfTIONS Should LESSEE breach any of the
covenants, terms or conditions of this lease, LESSOR shall give written notice to LESSEE to remedy
such breach within sixty (60) days of such notice. In the event LESSEE fails to remedy the breach
to the satisfaction of LESSOR within sixty (60) days of receipt of written notice, LESSOR may either
terminate this lease and recover from LESSEE all damages LESSOR may incur by reason of the
breach including, but not limited to, the cost of recovering the leased premises and attorneys'
fees or maintain this lease in full force and effect and exercise all rights and remedies herein
conferred upon LESSOR.
22. DAMAGE TO THE PREMISE
(A) LESSEE shall not do, or suffer to be done, in, on or upon the leased premises or as
affecting said leased premises or adjacent properties, any act which may result in damage or
depreciation of value to the leased premises or adjacent properties, or any part thereof.
(B) LESSEE shall not generate, store, produce, place, treat, release or discharge any
contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances,
chemicals or other agents on, into, or from the leased premises or any adjacent lands or waters in
any manner not permitted by law. For the purposes of this lease, "hazardous substances" shall
mean and include those elements or compounds defined in 42 USC Section 9601 or which are
contained in the list of hazardous substances adopted by the United States Environmental
Protection Agency (EPA) and the list of toxic pollutants designated by the United States Congress
or the EPA or defined by any other federal, state or local statute, law, ordinance, code, rule,
regulation, order or decree regulating, relating to, or imposing liability or standards of conduct
concerning any hazardous, toxic or dangerous waste, substance, material, pollutant or
contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in
Florida Statutes, Chapter 376 and Chapter 403, and the rules promulgated thereunder, all as
amended or updated from time to time. In the event of LESSEE's failure to comply with this
paragraph, LESSEE shall, at its sole cost and expense, promptly commence and diligently pursue
any legally required closure, investigation, assessment, cleanup, decontamination, remediation,
restoration and monitoring of (1) the leased premises, and (2) all off -site ground and surface
waters and lands affected by LESSEE's such failure to comply, as may be necessary to bring the
leased premises and affected off -site waters and lands into full compliance with all applicable
federal, state, or local statutes, laws, ordinances, codes, rules, regulations, orders, and decrees,
and to restore the damaged property to the condition existing immediately prior to the
occurrence which caused the damage. LESSEE's obligations set forth in this paragraph shall
survive the termination of expiration of this lease. This paragraph shall not be construed as a
limitation upon LESSEE's obligations regarding indemnification and payment of costs and fees as
set forth in paragraph 12 of this lease, nor upon any other obligations or responsibilities of LESSEE
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FILR #1 265189
8K#1 7 3 6 PG* 1 4 3 1
as set froth herein. Nothing herein shall relieve LESSEE of any responsibility or liability prescribed by
law for fines, penalties and damages levied by governmental agencies, and the cost of cleaning
up any contamination caused directly or indirectly by LESSEE's activities or facilities. Upon
discovery of a release of a hazardous substance or pollutant, or any other violation of local, state,
or federal law, ordinance, code, rule, regulation, order or decree relating to the generation,
storage, production, placement, treatment, release or discharge of any contaminant, LESSEE shall
report such violation to all applicable governmental agencies having jurisdiction, and to LESSOR,
all within the reporting period of the applicable agency.
(C) Should the buildings which extend onto the leased premises be substantially
damaged for any reason and cannot be repaired but must, pursuant to law, be removed and
replaced by structure(s) meeting laws in existence at the time of such occurrence, this lease shall
be automatically terminated.
23. SURRENDER OF PREMISES Upon termination or expiration of this lease, LESSEE shall
surrender the leased premises to LESSOR. In the event no further use of the leased premises or any
part thereof is needed, LESSEE shall give written notification to LESSOR at least six (6) months prior
to the release of any or all of the leased premises. Notification shall include a legal description
and an explanation of the release. The release shall only be valid if approved by LESSOR through
the execution of a release of lease instrument with the same formality as this lease. Prior to
surrender of all or any part of the leased premises, a representative of the Division of State Lands
shall perform an on -site inspection. If the leased premises violate conditions set forth in paragraph
6 herein, LESSEE shall pay all costs necessary to remove any unauthorized improvements or
changes.
24. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES Fee title to the leased
premises is held by LESSOR. LESSEE shall not do or permit anything to be done which purports to
create a lien or encumbrance of any nature against the real property contained in the leased
premises including, but not limited to, mortgages or construction liens against the leased premises
or against any interest of LESSOR therein.
25. PARTIAL INVALIDITY If any term, covenant, condition or provision of this lease shall be
ruled by a court of competent jurisdiction, to be invalid, void, or unenforceable, the remainder
shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
26. ARCHAEOLOGICAL AND HISTORIC SITES Execution of this lease in no way affects any
of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or
the disturbance of archaeological and historic sites on state -owned lands is prohibited unless prior
authorization has been obtained from the Department of State, Division of Historical Resources.
27. SOVEREIGNTY SUBMERGED LANDS This lease does not authorize the use of any lands
located waterward of the mean or ordinary high water line of any lake, river, stream, creek, bay,
estuary, or other water body or the waters or the air space thereabove.
28. DUPLICATE ORIGINALS This lease is executed in duplicate originals each of which
shall be considered an original for all purposes.
29. ENTIRE UNDERSTANDING This lease sets forth the entire understanding between the
parties and shall only be amended with the prior written approval of LESSOR.
30. MAINTENANCE OF IMPROVEMENTS LESSEE shall maintain the real property contained
within the leased premise in a state of good condition including, but not limited to, keeping the
leased premises free of trash or litter and meeting all building and safety codes in the location
situated.
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FILE 111265189
BK111 7 3 6 PG111 4 3 2
31. GOVERNING LAW This lease shall be governed by and interpreted according to the
laws of the State of Florida.
32. SECTION CAPTIONS Articles, subsections and other captions contained in this lease
are for reference purposes only, and are in no way intended to describe, interpret, define or limit
the_jQQW, extent or intent of this lease or any provisions thereof.
IR•'�
day and d
(SEAL) `vv
ATTEST: DA4'
i WHEREOF, the parties hereto have caused this lease to be executed on the
above written.
KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF M LINTY FLO RIDA
BV 1
-�j Mayor /Chairman
CANALIS HOLDING CORP.
By Y W off. , ��
Marty bb, President
ileaseseasement
APPROVED AS TO FORN1i
ANO I AL SUFfICIEN
BY
NNE A. U N
DATE
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1 11110
OUNTYof MONROE 4 �
KEY WEST FLORIDA 33040 i�
Mr. James DeRosa
1915 Upper Bear Claw Rd.
Murphy, NC 28906
RE: 10 -foot wide strip of 2nd Ave.
Mandalay Subdivision
Dear Mr. DeRosa,
County Attorney's Office
310 Fleming Street, 2nd Floor
v Key West, Florida 33040
( 305) 292 -3470
March 14, 1997
r -�-- BOARD OF COU NTY COMMISSIONERS
MAYOR, Keith Douglass, District 4
Mayor Pro Tem, Jack London. district 2
Wilhelmina Harvey, District i
� Shirley Freeman, District 3
Mary Kay Reich, District 5
This letter confirms our telephone conversation of March 13, 1997. As I told you on the
phone, since you no longer own the property adjacent to 2nd Ave., you no longer have any
standing to re- petition the County for the purchase of the 10 -foot wide strip of road, as was
contemplated when you originally petitioned the County.
My directions after the November County Commission meeting were to draw up a lease
for that area. The new property owners are the only ones who have standing to pursue either
a lease or purchase. They would have to contact this office themselves to address the
situation.
Thank you for letting me know that the property has been sold so that I can close out your
file. If I can ever be of assistance, please do not hesitate to call.
Sincerely,
Suzanne A. Hutton
Assistant County Attorney
SAH:aa
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County Attorney's Office
RESOLUTION NO. 469 -1996
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA TO ENTER INTO A LEASE AGREEMENT FOR A TEN -FOOT STRIP OF SECOND
AVENUE, MANDALAY SUBDIVISION, KEY LARGO, IN ORDER TO RESOLVE
ENCROACHMENTS ON COUNTY RIGHT -OF -WAY WHICH HAVE EXISTED FOR SEVERAL
DE CADES.
WHEREAS, there are encroachments consisting of a concrete building and a frame building,
existing since 1944 and the early 1960's respectively, onto the County right -of -way on Second
Avenue, Mandalay Subdivision, Key Largo; and
WHEREAS, the owner of the property containing the described encroachments has offered to
purchase the said 10 foot by 125 foot area of the County's right -of -way on Second Avenue; and
WHEREAS, motion was made and seconded to enter into a Lease Agreement to coincide with
the mortgage on the property at a consideration of $100 per year with a term not to exceed 20
years; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
that the Board hereby authorizes the lease of the following described right -of -way, to -wit:
The easterly ten feet of Second Avenue, Mandalay Subdivision, Key Largo .Monrog
-I
County, Florida, Plat Book 1 -194, adjacent to Lot, Block 4.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe Cci ff r, Flora, 6# a
regular meeting of the Board on the 12th day of November, 1996. - -
Mayor Douglass yes
Commissioner Freeman yes
Commissioner Harvey yes
Commissioner London yes
ommissioner Reich yes
L. KOLHAGE, CLERK
-. -
APPROVED AS TO
AND LtPAL SUF"C
TE
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
96/341
Douglass Harvey London Reich Freeman Total
Reich 2 1 2 1 2 8
Douglass 1 2 1 2 1 7
Pursuant to the Board's policy, the nominee with the
lowest point total is selected. The Clerk announced that Keith
Douglass was elected as Chairperson of the Board of County
Commissioners for the ensuing year.
Douglass.
Commissioner Harvey changed her vote for Commissioner
The Board then proceeded with the selection of the Vice
Chairman of the Board. Commissioner Harvey nominated
Commissioner Reich. Commissioner Freeman nominated Commissioner
London. Motion was made by Commissioner London to close
nominations. The Board proceeded to ballot on the two nominees
with the following results:
Douglass Harvey London Reich Freeman Total
London 1 2 1 2 1 7
Reich 2 1 2 1 2 8
The Clerk announced that Jack London was elected as
Vice Chairperson of the Board.
Motion was made by Commissioner Freeman and seconded by
Commissioner Harvey to adopt the following Resolution designating
Mayor and Mayor Pro Tem for 1996 -1997. Motion carried
unanimously.
RESOLUTION NO. 467 -1996
See Res. Book No. 132 which is incorporated herein by reference.
Motion was made by Commissioner Harvey and seconded by
Commissioner London to adopt the following Resolution concerning
signatures on warrants, legal documents and other necessary
documents, etc. Motion carried unanimously.
C c sJ
)
RESOLUTION NO. 468 -1996 �
See Res. Book No. 132 which is incorporated herein by reference.
k �l
PUBLIC HEAkINaB
A Public Hearing was held concerning adoption of the.
following Resolution for the proposed sale of a ten -foot strip of
Second Avenue, Mandalay subdivision, Key Largo, Florida. The
following individuals addressed the Board: Zorana Jordan, Robert -
Clemmons, Ian Cortina and David C. Pierotti. Motion was made by:
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96/342
Commissioner London and seconded by Commissioner Freeman to enter
into a Lease Agreement coincide with the mortgage on the
property at a consideration of $100 per year with term not to
exceed 20 years. R oll call vote was unanimous
RESOLUTION NQ. 449 -199
See Res. Book No. 132 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of the
following Ordinance deleting Section 6- 64(D)(2), Monroe County
Code, eliminating the requirement that the Contractors Examining
Board suspend or revoke a Certificate of Competency if the
contractor is found to have committed any of the provisions of
Section 6 -66; Providing for severability; Providing for the
repeal of all Ordinances inconsistent herewith; Providing for
incorporation into the Monroe County Code of Ordinances; and
providing an effective date. Motion was made by Commissioner
London and seconded by Mayor Freeman to adopt the following
Ordinance. Roll call vote was unanimous.
ORDINANCE NO. 057 -1996
See Ord. Book No. 41 which is incorporated herein by reference.
A Public Hearing was held concerning adoption of an
Ordinance creating Chapter 9.0 of the Monroe County Code;
Providing for findings; Providing for an On -Site Sewage Treatment
and Disposal System (OSTDS)Inspection and Compliance Procedure;
Providing for fees; Providing for enforcement; Providing for
severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the
Monroe County Code of Ordinances; and providing an effective
date. The following individuals addressed the Board: Alan
Maxwell, Myrtle Frith, Joan Mowery, Alice Allen, H. T. Pontin,
Charles Brooks, Joe Bell, Gail Feddern, Paula Morrow, Andy Perry,
2orana Jordan, Al Beattie, Pam Martin and George Leydic. Growth
Management Director, Bob Herman, also addressed the Board.
Motion was made by Commissioner London directing Mr. Herman to
come back with a plan or proposal to help identify allocation of
funds for cesspit replacement. After consideration, the motion
was withdrawn. Jack Teague, representing the State of Florida
Department of Health and Rehabilitative Services, addressed the
Board. Motion was made by Commissioner London and seconded by
Commissioner Harvey to continue the above item to the 2nd and 3rd
Public Hearings after 5:00 P.M. in Marathon and Key West. Motion
carried unanimously.
ADDITIONS, CORRECTIONS, DELETIONS
Motion was made by Commissioner London and seconded
by Commissioner Harvey granting approval of Additions,
Corrections, and Deletions to the Agenda. Motion carried
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w
All
TO: James T. Hendrick, County Attorney
FROM: Suzanne A. Hutton, Assistant County Attomey$,
DATE: November 6, 1996
RE: Mandalay Subdivision - Proposed Road Sale /Purchase
On the November County Commission agenda is a public hearing for the sale of a ten -foot-
wide strip of road in Mandalay Subdivision to the adjacent property owner. The reason for the
proposed sale is that for approximately twenty years, possibly more, that property has had a
concrete building which straddles the right -of -way line, and probably encroaches by up to one
foot onto the County right -of -way; a frame building encroaches approximately four to five feet
onto the County right -of -way. Inasmuch as the road is platted at sixty feet width, it is still possible
for the County to divest itself of ten feet of said right -of -way without raising any questions under
the County Code provisions regarding roads as to an impermissible reduction in size. In
conformance with prior practices in such situations, the solution for both the property owner and
the County was perceived to be a purchase by said property owner to eliminate the
encroachment and also to provide a minimal setback.
I have been advised, on November 6, 1996, by a telephone call from one Robert Clemens,
that he and others have met with the property owner and discussed the possibility of an
alternative solution which would be a leasing arrangement with the County. I asked him if he was
talking about a long -term lease to terminate whenever the encroaching buildings should be
removed or a 99 -year lease, or something of that nature. He responded that was what they were
talking about.
I advised him that, although such a lease arrangement would not per se be illegal that I
could see, there were some other issues which would have to be addressed, such as whether the
County Commission wanted to enmesh County personnel in monitoring and following up on the
lease arrangement. I also told him that this was not something that I could decide, but that those
people in the community who have concerns about the purchase of a segment of the road
could appear at the public hearing and voice their concerns and raise this alternative.
You should also be aware that I have received numerous phone calls from a lady who lives
on a boat and uses the jetty at the end of the road for access between the floating homes and
dry land. Although I have assured her that there is a County Code prohibition which would,
absent mangroves growing up and blocking off the access, prohibit a full road abandonment,
and that the only way that could be changed would be for a change in the County Code by a
majority vote of the Commission, .and, assuming the Code was changed and somebody wanted
to abandon said right -of -way, another public hearing would be required at which affected
persons could appear, apparently there is still a concern that there is some devious plot afoot for
the adjacent property owner to swallow up the road. In fact, the woman told me that she had
been told by a third party that one of the Commissioners told said third party that that was the
next step. I couldn't get more specific information, but it sounds like a sequel to the Disneyland
overtaking Big Pine Key plot.
Please let me know if you want me to prepare anything or do any research prior to the
Commission meeting.
SAH:aa
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0
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Suzanne Hutton
Assistant County Attorney
310 Fleming Street - 2nd Floor
Key West, fl. 33040
Mr. & Mrs. James De Rosa
80 East 2nd Street
Key Largo, Fl. 33037
22 August. 1996 r
Re: Purchase of county property adjacent to privately owned land
Dear Suzanne Hutton:
This letter is intended as a request to begin the process that will allow my wife and I to
purchase county property that is adjacent to our property. The reason for this request is
that there exists an encroachment on this property and we would like to solve this
problem. In our research it appears that one encroachment has existed since 1944 and one
other since the early 1960's. We have owned this property for the last 9 years and have
not change the "footprint" of any buildings on it. We believe the purchase of a strip of
land 10 feet by 125 feet would be sufficient to alleviate my title problem.
My understanding of the documentation that is needed is the following:
This letter of explanation and request to purchase
copy of the survey
legal description of the property
pictures of the area involved
offer to purchase/sale
All of these items are included in this letter.
Based on the current valuation of our property and the purchase of 1250 sq. ft. of county
property it appears as if this land would be valued at $3.06 /sq.ft. or a total of $3,820.79. I
have therefore included a sales contract for that amount.
Having never been through this process before and wishing to expedite this for
consideration at the 4 September, 1996 meeting, we respectfully request your attention to
this matter and ask that you review this material and convey any deficiencies or problems
in a timely manner. We thank you for your efforts and cooperation in advance. If you
need additional information or have any questions please feel free to contact us at 305 852
6385.
VIV ly
Truly You /
MONROE COUNTY
OFFICIAL RECORDS