Item C11
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17. 2003
Division:
Community SeIVices
Bulk Item: Yes ..lL
No
Department:
Library
AGENDA ITEM WORDING:
Approval of Amendment to Easement and Operation Agreement between Monroe County and
The Weisser Realty Group.
ITEM BACKGROUND:
Two modifications of the party-wall agreement, amending the existing agreement, have been
requested by the Realty Group and prepared by County legal staff This agreement refers to the party
walls at the site of the Big Pine Key Branch Library in the Big Pine Key Shopping Center.
PREVIOUS RELEVANT BOCe ACTION:
The original agreement was approved by the BOCC at their meeting of November 10, 1993, and
signed on November 19, 1993.
CONTRACT/AGREEMENT CHANGES:
Paragraph 3: The property may not be used for any use which violates exclusive use provisions
or prohibited use provisions of any lease within the shopping center; it is agreed that library or
governmental use will not violate any exclusive or prohibited use clause.
Paragraph 7: The County assigns to the shopping center owner perpetual easement for joint use
of the party wall including access for maintenance, etc.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No..lL AMOUNT PER MONTH_ Year
APPROVED BY: County Atty XX OMB/Purchasing XX
Risk Management _XX
DIVISION DIRECTOR APPROVAL:
~~~~~
JIm Malloch, DIVIsIon DIrector
DOCUMENTA TION:
Included 'X. X
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # C//
Revised 2/2 7/0 1
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Michael H. Weisser Contract #_
Effective Date:
Expiration Date:
Contract Purpose/Description:
Amendment to Easement and Operation Agreement - Big Pine Key Plaza Shopping
Center - Big Pine Key Library
Contract Manager: Jim Malloch 4500 Community Services 1 #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 9/17/03 A2enda Deadline: 9/2/03
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? YesO No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (el!. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Date In Needed ~ Reviewer
~ YesO No~ ~ 'm..,jl~
5!J7/o3 YesO NOIB""- ~~ - - -
~">YesO No[]------ ~
8/22/03 YesO NorgJ ~ I -:
Date Out
Risk Management
o .M.B./Purchasing
County Attorney
Comments:
OMB Form Revised 2/27/01 MCP #2
AMENDMENT TO EASEMENT AND OPERATION AGREEMENT
Big Pine Key Plaza Shopping Center
THIS AGREEMENT entered into this day of , 2003, by and
between Monroe County (hereinafter County), a political subdivision of the State of Florida and
Michael H. Weisser (hereinafter Weisser).
WHEREAS, the County acquired title to a portion of the Big Pine Key Plaza Shopping Center
to be used as a public library; and
WHEREAS, on November 19, 1993, the parties entered into an Easement and Operation
Agreement whereby the rights and obligations of each party regarding party walls and roof housing
the building in which the unit acquired by the County is situated; and
WHEREAS, it is desired to clarify the provisions of said agreement for purposes of
assuring the Weisser's perspective lender in a refinancing transaction of the parties' mutual intent
with respect to said agreement; now, therefore
IN CONSIDERATION of the mutual promises and covenants contained herein, the parties
do hereby agree as follows:
1. The Easement and Operation Agreement dated November 19, 1993, and recorded at
OR 1283, pages 2430 through 2438, is hereby amended by adding the following language to the
designated paragraphs:
A. Paragraph 3. Regardless of the ownership of the 'property, the property may
not be used for any use which would violate any then existing exclusive use provision
contained in any lease of space within the shopping center or any use which would violate a
prohibited use clause of any lease within the shopping center; however, Weisser and his
assigns and heirs (any successor owner of the shopping center) agree that use as a library
or for any governmental purpose (including but not limited to governmental meeting rooms,
educational facilities and governmental offices) will not violate any exclusive or prohibited
use clause. Upon request, the owner of the shopping center will provide a complete list of
any then applicable exclusive use and prohibited use clauses contained in any such lease.
B. Paragraph 7. The County does hereby assign, covenant and agree with
Weisser and any successor owner of the shopping center that the owner of the shopping
center shall have a perpetual easement for the joint use of any party wall which shall
include, without limitation, an easement to utilize so much of the County property as is
necessary to maintain, repair and rebuild any such party wall, and the County will at no time
permit any such party wall, whether or not located in whole or in part on the County
property to be removed without the prior written consent of the owner of the shopping
center.
2. All other provisions of the Easement and Operation Agreement dated November 19,
1993, not inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
(SEAL)
ATTEST:
THE WEISSER REAL TY GROUP, INC.
By
By
Michael H. Weisser, President
jconBPKlibrary
5EP-10-03 17.04 FROM.MONROE COUNTY ATTY OFFICE 10.3052923518
PACE
2/3
AMENDMENT TO EASEMENT AND OPERATION AGREEMENT:
RIGHT OF FIRST REFUSAL
Big Pine Key Plaza Shopping Center
THIS AGREEMENT entered into this day of , 2003, by
and between Monroe County (hereinafter County), a political subdivision of the State of
Florida, whose address is 500 Whitehead Street, Key West, FL 33040, and Michael H.
Weisser (hereinafter Weisser), whose address is MHW Properties, Inc., 801 NE 167m Street,
2nd Floor, North Miami Beach, FL 33162.
WHEREAS, the County acquired title to a portion of the Big Pine Key Plaza Shopping
Center to be used as a public library; and
WHEREAS, on November 19, 1993, the parties entered into an Easement and
Operation Agreement: Right of First Refusal whereby the rights and obligations of each
party regarding party walls and roof housing the building in which the unit acquired by the
County is situated; and
WHEREAS, it is desired to clarify the provisions of said agreement to reflect the
parties' mutual intent with respect to said agreement; now, therefore
IN CONSIDERATION of the mutual promises and covenants contained herein, the
parties do hereby agree as follows:
1. The Easement and Operation Agreement: Right of First Refusal, dated
November 19, 1993, and recorded at OR 1283, pages 2410 through 2418, is hereby
amended by adding the following language to the designated paragraphs:
A. Paragraph 3,Regardless of the ownership of the Property, the Property
may not be used for any use which would violate any then existing exclusive use
provision contained in any lease of space within the Shopping Center or any use
which would violate a prohibited use clause of any lease within the Shopping Center;
however, Weisser and his assigns and heirs (including any successor owner of the
Shopping Center) agree that lIse as a library or for any governmental purpose
(including but not limited to governmental meeting rooms, educational facilities and
governmental offices) will not violate any exclusive or prohibited use clause. Upon
request, the owner of the Shopping Center will provide a complete list of any then
applicable exclusive use and prohibited use clauses contained in any such lease.
B. Paragraph 7. The County does hereby assign, covenant and agree with
Weisser and any successor owner of the Shopping Center that the owner of the
Shopping Center shall have a perpetual easement for the joint use of any party wall
which shall include, without limitation, an easement to utilize so much of the County
property as is necessary to maintain, repair and rebuild any such party wall, and the
County will at no time permit any such party wall, whether or not located in whole or
in part on the County property to be removed without the prior written consent of
the owner of the Shopping Center.
ell
I:; ev I:S~
~~~-~~-~3 17.04 FROM.MONROE COUNTY ATTY OFFICE 10.3052923516
PACE
3/3
2. All other provisions of the Easement and Operation Agreement: Right of First
Refusal, dated November 19, 1993, not inconsistent herewith, shall remain in full force and
effect,
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
(SEAL)
ATTEST: DANNYL.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor Dixie Spehar
MONROE COUNTY ATTORNEY
APPROVED A
WITNESSES (to Michael H. Weisser signature)
SIgnature
Printed Name
Michael H. Weisser
Signature
Printed Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledge before me this _ day of
by Michael H. Weisser, who is personally kl"lown to me or provided
as identification, and who did not take an (lath.
2003
Typed Notary Name and Number
Notary Signature and Seal
JconBPKlibrary