Item P07
Board of County Commissioners
Agenda Item Summary
Meeting Date January 21, 2004
Division
County Attorney
AGENDA ITEM WORDING
Request approval of assignment of lease to Seashime, LLC of parking lot property adjacent to
Bayview Inn and Marina, Conch Key.
ITEM BACKGROUND
On December 30, 2003, Seashime, LLC purchased the Bayview Inn and Marina property
from Robert W. and Carolyn A. Lyne. The County has a lease with the Lynes for property
which is used as a parking lot. The underlying property was transferred from DOT to the
County in a transfer of a larger parcel for the purpose of constructing a wastewater
treatment plant. The Director of Growth Management indicated in a letter dated December
23, 2002, that the parking area was not required for the purposed wastewater treatment
facility.
PREVIOUS RELEVANT BOCC ACTION
CONTRACT I AGREEMENT CHANGES
STAFF RECOMMENDATIONS
Approval.
TOTAL COST BUDGETED Yes No
COST TO COUNTY -0- SOURCE OF FUNDS
APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL: doWz~ 0/ I oblIJ'!
--:fk.COLLINS
DOCUMENTATION:
Included 0
To Follow X
Not Required 0
AGENDA ITEM #
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ASSIGNMENT OF LEASE
KNOW ALL MEN BY THESE PRESENTS THAT: ROBERT W. L YNE and CAROLYN A. L YNE, the
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Lessee under that certain Lease dated September 1, 2001, demising the parking premises described on
Exhibit A attached hereto located in Monroe County, Florida,
HEREBY assigns and transfers to SEASHIME, LLC, a Florida limited liability company . as AssIgnee
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herein, all right, title and interest in said lease for and during 811 the rest and remain[d8r of the term of said
lease, and subject all of the rents, agreements and conditions of said Lease.
TO HAVE AND TO HOLD the same unto the said Assignee from the ,; !day of 1)tl.q",,~
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IN WITNESS WHEREOF, the undersigned has signed and sealed this Instrument on this Z- day
of J):t~~.vt.- ,20.tl...
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ROBERTW.
CAROLYN A. L YNE
Signed, sealed and delivered
in the presence of:
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ACCEPTANCE OF LEASE 1
KNOW AlL MEN BY THESE PRESENTS THAT: SEASHlME, LLC, a flo~da limited liability
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company, the Assignee named in the foregoing Assignment of Lease. hereby accepts Jhe 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 this -1L. day
of ~et'V)b€r, 20~.
Signed, sealed and delivered
in the presence of: ,!
SEASHIME, LLC
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SPINNER DITIMAN FEDERSPIEL & DOWLING UJt
ATn>1lNBYS AT LA'"
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ROBERT A.. DITTMAN. P.A..'
DONALD C. DOWL.ING ·
ROBERT W. FEDEASPtEL. ,PeA.
JOHN W. 6PINHER I'N7-1"'1
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January 5, 2004
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Suzanne A. Hutton, Esq.
Office of the COlmty Attorney
Monroe County, Florida
Transmitted by facsimile
to 305-292-3516
Original delivered by Federal Ex:presa
Re: Bayview Inn and Marina
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Dear Ms. Hutton:
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Pursuant to our telephone conversation and my correspondence, following is the requested
Assignment/Acceptance/Consent form relative to the subject property. 1
Given the fact that the lease is a parking area directly connected to the dey 9pment of the
property which was approved by the County and is essential to its contintJed 'operations, we
would request that the consent to the assignment of the lease be approved 'anp. as well, that the
lease be modified to provide for three (3) additional five-year options. It wquld be unrealistic
to have the parking area removed from this property and, as well, our client would be open to
entertaining the purchase of the subject right-of-way as surplus property if the County would be
willing.
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Please let me know what your thoughts are on this matter and have the matter placed on the
Agenda for the Janumy 21 meeting.
Thank you for all your assistance in this matter.
Sincerely,
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ROBERT W. FEDERSpmL, P.A.
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ee: Seasbime, LLC
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CONSENT OF lANDLORD
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KNOW AlL MEN BY THESE PRESENTS THAT: MONROE COUNTY. a political subdlvfslon of
the State of Florida, the Lessor named in the foregoing lease, hereby consent to the assignment of such
lease from ROBERT W. l YNE and CAROL YN A. l YNE to SEASHIME, LLC, 8 Aorida limited liability
company" subject all of the rents, agreements and conditions of said Lease.
IN WITNESS WHEREOF, the undersigned has signed and seaJed this instrument on this
day of
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MONROE COUNlY
Attest:
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