Item S03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
March 20, 2002
Division:
County Attorney
AGENDA ITEM WORDING:
Rescission of approval of agreement to transfer restoration obligation, which was
intended to relieve Metro-Goldwyn-Mayer Pictures, Inc. from responsibility to restore
property to pre-movie set conditions or demolish the structure and would have
transferred the obligation to the property owner.
ITEM BACKGROUND:
An item was placed on the BOCC agenda to approve an agreement to transfer the restoration
obligation of a movie company to pre-set conditions. However, the property owner would not
agree to the form in which the agreement was drafted and the County could not agree to the
form which the property owner proposed which actually did not assign the obligation for
restoration or demolition to the property owner. Additional problems existed with the
application of California state law.
PREVIOUS RELEVANT BOCC ACTION:
Approval of Item 02 on August 15, 2001 Agreement to Transfer Obligation.
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Rescission of prior approval.
TOTAL COST:
BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY:
County Attorney. OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL: ~~
- 5 1: DICK
DOCUMENTATION: Included 0 To Follow Not Required 0
AGENDA ITEM #
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
August 15, 2001
Division:
County Attorney
Bulk Item: Yes 0 No 0
AGENDA ITEM WORDING:
Approval of Agreement to Transfer restoration obligation, relieving Metro-Goldwyn-Mayer
Pictures, Inc. from responsibility to restore property to pre-movie set conditions or demolish
structure, transferring the obligation to the property owner.
ITEM BACKGROUND:
In preparation for producing a motion picture entitled "Heartbreakers" MGM entered into a
location agreement with John and Wendy Moore for the use of property located at Lake
Surprise Estates, Block 13, Lots 1 - 4, Key Largo. MGM performed improvements to the
property without obtaining a building permit pursuant to Resolution No. 390-1996, which
allows temporary improvements to be made for movie sets without permits subject to the
condition that the improvements will be demolished or affected structures returned to their
original condition. At the time that the location agreement with the Moore's was entered, the
Moore's were tenants and the owner of the property was Islamorada Inn, Inc., which has
subsequently sold the property to the Moore's. Mr. Moore submitted to the County Attorney's
Office a "Settlement and Release Agreement" which released MGM from its obligation in
exchange for payment to the Moore's of $20,000, but did not transfer any obligation for
restoration or demolition to another party. Mr. Moore provided documents indicating that he
had sold the development rights to the building to another person and in such sale, Mr. Moore
was obligated to demolish the structure on the property within 45 days of closing. Closing was
on or about May 18, 2001, but no demolition or restoration has taken place. In order to
release MGM from its obligation, BOCC Resolution No. 390-1996 requires that the obligation be
transferred to another until performed.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT I AGREEMENT CHANGES:
N/A .
stAFF RECOMMENDATIONS:
Approval limited to release document which transfers to the property owner the requirement to
destroy or restore. -
TOTAL COST: BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY: County Attorney. OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL: ~#
S TEND ICK
DOCUMENTATION: Included 0 Folio 0 Not Required 0
AGENDA ITEM #
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