Item R05 �s R.5
r`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
August 18, 2021
Agenda Item Number: R.5
Agenda Item Summary #5688
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Patricia Eables (305)292-3477
N/A
AGENDA ITEM WORDING: Approval of a Lease Cancellation, Release, and Termination
Agreement with Lessee, Key Marina Development, LLC, and Sub-Lessee,Florida Keys Quality
Foods, Inc., regarding the "Mandalay" property on Second Avenue in Key Largo, which would
terminate the Right-of-Way Lease between the parties approved October 18, 2017.
ITEM BACKGROUND: The County, in its capacity as the Lessor, approved a Right-of-Way
Lease Agreement and Consent to Assignment of Lease ("ROW Lease"), with Key Marina
Development, LLC, as Lessee, ("Key Marina"), and Florida Keys Quality Foods, Inc., as Sub-
Lessee, ("Quality Foods"), on October 18, 2017, which was subsequently recorded in the Official
Records of Monroe County. If this Agreement is approved by the BOCC, staff recommends that it
also be recorded in the Official Records. This Lease involves a small historic encroachment upon
the Second Avenue public right-of-way in Key Largo, on which a restaurant building sits in the
County right-of-way. The restaurant was operated by Quality Foods as the Lessee of Key Marina
under their own Lease. The 2017 ROW Lease had also included a Consent to Assignment of the
Lease to Quality Foods so it could continue operation of the restaurant. Key Marina is the owner of
the contiguous property. There had been an initial ongoing Lease of this same small area of the
public right-of-way beginning in 1997, with other predecessors in interest.
Key Marina is developing the entire site, known as the "Mandalay property" on which the
encroaching building is located. The County entered into the aforementioned 2017 ROW Lease,
which would allow Lessee to retain the historic structure in its current location during the
redevelopment of its property. The Lease in Paragraph 23.c. provides that should the buildings,
which extend onto the leased Premises, be substantially damaged and cannot be repaired but must,
pursuant to law, be removed or replaced by structures meeting the laws in existence at the time, that
this ROW Lease shall be automatically terminated. The encroaching structure was substantially
damaged in Hurricane Irma. The Monroe County Building Dept. determined in August 2019 that
the buildings were uninhabitable and unsafe and ordered that the structures be completely
demolished. The Building Dept. Floodplain Division also determined that the buildings were
nonconforming with the current elevation and construction regulations and due to the sustained
damage were subject to the Substantial Improvement/Substantial Damage regulations, i.e. the 50%
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rule and denied the Key Marina permit application. Key Marina initially appealed both decisions,
but the appellate decisions were in favor of the County and Key Marina subsequently voluntarily
dismissed its appeals. So, all appeal processes have now been exhausted.
Based on the terms of the Lease and the structure damage, this item seeks BOCC approval of a
Right-of-Way Lease Cancellation, Release, and Termination Agreement. This termination would
also include withdrawal of the former Consent to Assignment of the ROW Lease. As a result, the
Second Avenue public right-of-way would be returned to its original state without the intrusion of
any structures or other obstructions once the Lessee and Sub-Lessee's property is removed thereon.
Lessee has informed the Building Department it intends to build within the boundaries of its own
property and thus alleviate the need for any future lease on this small strip of land.
Under the terms of the Lease, Lessee paid $406.26 per month as a rental fee for a total of$4,875.00
annually. Lessee had agreed to initially pay the first three years of the seven year term up front in
the amount of$14,625.00 and to waive any rights to this advance rental payment. The second rental
payment of $9,750.00 for the next two year increment was due on or before April 11, 2020, for a
term ending on April 10, 2022. This rental payment has not yet been paid by Lessee nor Sub-
Lessee. This Lease Termination also includes a provision that if Lessee and Sub-Lessee fail to
perform any obligation in the Lease Termination Agreement or the ROW Lease, then they shall be
required to pay the outstanding rental fee. However, if Lessee and Sub-Lessee timely vacate the
Premises within thirty (30) days of the approval of this Agreement, if not sooner, and remove all
structures, the County will waive the outstanding rental fee.
PREVIOUS RELEVANT BOCC ACTION:
October 18, 2017 BOCC approved a new Right-of-Way Lease Agreement with Key Marina
Development, LLC, and Consent to Assignment of Lease to Florida Keys
Quality Foods, Inc.
CONTRACT/AGREEMENT CHANGES:
Right-of-Way Lease Cancellation, Relase, and Termination Agreement of current Lease regarding
"Mandalay property In Key Largo.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Lease Cancellation, Release & Termination Agreement(proposed final)(003) legal stamped
RECORDED ROW LEASE CONSENT TO ASSIGN (MANDALAY) BOCC 10 18 17 (N3)
FINANCIAL IMPACT:
Effective Date: August 18, 2021
Expiration Date: To vacate Premises within 30 days of August 18, 2021,if not sooner.
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Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details: This Lease Termination will end the rental payments due under the Original
Lease approved on October 18, 2017. If Termination is approved and Lessee and Sub-Lessee
timely vacate the Premises, the current rental payment that was due on or before April 11, 2020, in
the amount of$9,750.00, would be waived.
REVIEWED BY:
Patricia Eables Completed 08/10/2021 2:23 PM
Bob Shillinger Completed 08/10/2021 4:20 PM
Budget and Finance Completed 08/10/2021 4:29 PM
Maria Slavik Completed 08/10/2021 4:42 PM
Liz Yongue Completed 08/10/2021 4:44 PM
Kathy Peters Skipped 10/06/2020 11:35 AM
Board of County Commissioners Pending 08/18/2021 9:00 AM
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RIGHT-OF-WAY LEASE CANCELLATION, RELEASE, AND
TERMINATION AGREEMENT
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This RIGHT-OF-WAY LEASE CANCELLATION, RELEASE, AND
TERMINATION AGREEMENT ("Agreement") is made and entered into on this 18th day of
August, 2021, by and between, MONROE COUNTY, a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, ("Lessor" or
"County"), on its own behalf and on behalf of all other persons or entities having an interest as Lessor
under that certain Right-of-Way Lease Agreement and Consent to Assignment of Lease dated October .2
18,2017,(the"ROW Lease")demising certain leased premises described therein,on property located
in the Monroe County Right-of-Way on Second Avenue,City of Key Largo,County of Monroe, State
of Florida, (the "Premises"), and KEY MARINA DEVELOPMENT, LLC, a Florida Limited
Liability Company, whose principal address is 52 Riley Road, Unit 155, Celebration, Florida E
34747 ("Lessee" or "Key Marina"), for its own behalf and on behalf of all of its predecessors-in-
interest in the ROW Lease and all other persons or entities having an interest as Lessee under the
ROW Lease, and FLORIDA KEYS QUALITY FOODS, INC., a Florida corporation,whose
principal address is 125 Milano Drive, Islamorada, Florida 33036, ("Sub-Lessee" or "Quality
Foods"), for its own behalf and on behalf of all of its predecessors-in-interest in the ROW Lease
and all other persons or entities having an interest as Sub-Lessee under the ROW Lease.
WHEREAS,there exists upon the Second Avenue public right-of-way of Monroe County,
an historic encroachment of a concrete building and a frame building, existing since 1944 and the
early 1960's respectively (the `Buildings"), with said buildings having been owned by the owner 0
of the contiguous property to the County right-of-way.
WHEREAS, the Board of County Commissioners ("BOCC") had approved the
aforementioned ROW Lease Agreement dated October 18, 2017, between the County, as Lessor
and Lessee, for the lease of a portion of the Monroe County right-of-way on Second Avenue, in
Key Largo, Florida, as more particularly described in Exhibit"B"to the ROW Lease. Said ROW
Lease is recorded in the Official Records of Monroe County, Florida, at Book 2877, Page 1916. c
The County had initially leased ten (10) feet of the County right-of-way, the land also at issue in
this ROW Lease, in November 12, 1997, to a predecessor in interest, Canalis Holding E
Corporation. The initial 1997 Lease was for a term of twenty (20)years from December 1, 1997,
until November 30, 2017. The 1997 Lease was subsequently assigned to various entities over
the years until Key Marina became the successor in interest when it acquired the contiguous
property on October 21, 2013.
WHEREAS, the BOCC also consented on October 18, 2017, to the sub-lease of the
Premises to Quality Foods, as the Sub-Lessee, as it was the current tenant of Key Marina, operating
a restaurant on the Premises in the subject Buildings at the time of the approval of the ROW Lease. ,
WHEREAS,the County had also previously entered into a Development Agreement, with
Ocean Sunrise Associates, LLC, another predecessor in interest,which was approved by the BOCC
by Resolution 493-2007, on November 14, 2007, with all rights and obligations with regard to the
leased Premises set forth in the Development Agreement ("Development Agreement"). Key
Marina, as the owner of the contiguous property, is the current predecessor in interest to the rights
and obligations of the Development Agreement, as outlined in the Key Marina Development, LLC E
Major Conditional Use at Mandalay Proposed Site Plan approved by the Monroe County Planning
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Commission on January 27, 2017, as part of its Resolution No. P34-16.
WHEREAS, on September 10, 2017, the Buildings suffered extensive damage when
Hurricane Irma came through the Florida Keys. As a result of that damage, Key Marina initiated
an application process with the Monroe County Building Department to repair the Buildings.
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WHEREAS, on August 6, 2019, the Monroe County Building Department, Floodplain
Division, determined that the storm damaged Buildings were nonconforming with current elevation
and construction regulations, and therefore would be subject to Substantial
Improvement/Substantial Damage regulations, more commonly known as the 50% rule. The Key
Marina pending application for a building permit was therefore denied by the Building Department.
Lessee initiated an appeal of this decision with the Division of Administrative Hearings. Key
Marina subsequently voluntarily dismissed the administrative appeal on January 13, 2021,prior to
the appeal being heard. All other appeal processes have now been exhausted.
WHEREAS, on August 16, 2019, the Monroe County Building Department determined
that the storm damaged Buildings were uninhabitable, unsafe and non-homesteaded pursuant to E
Sec. 6-27 of the Monroe County Code of Ordinances and subject to the Monroe County Code y
Compliance Unsafe, Unoccupied, and Non-Homestead, Uninhabitable Structure Removal
Procedure authorized by the Board of County Commissioners on June 15, 2011. An Order to
Demolish Uninhabitable, Unoccupied, and Non-Homestead Structure was issued on August 16,
2019. Compliance with that determination was to be achieved by demolishing the Buildings,which
included the outside awning, slab, and foundation, immediately. An appeal of that decision by the
herein Lessee was later denied by the Monroe County Construction Board of Adjustment and
Appeals ("CBAA") on March 11, 2020, affirming the Building Department's Unsafe Structure
Declaration and Demolition Order Letter. Key Marina appealed the CBAA decision to the Circuit 0
Court of the Sixteenth Judicial Circuit in Monroe County, Florida. Lessee, Key Marina,
subsequently filed its Notice of Voluntary Dismissal of the Circuit Court Appeal on January 4,
2021. All other appeal processes have also now been exhausted as to this determination. E
WHEREAS, Lessee, has informed the Monroe County Building Department, of its ,
intention to reconfigure the design plan in order to build any new structures within the boundaries
of its own property, thus alleviating the need to utilize the Monroe County right-of-way. c
WHEREAS,the ROW Lease provides in Paragraph 23.c. that"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
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time of such occurrence, this ROW LEASE shall be automatically terminated."
WHEREAS, Lessor, Lessee, and Sub-Lessee have now agreed that the ROW Lease shall be
cancelled and immediately terminated pursuant to the terms of the ROW Lease, in consideration of
the mutual covenants set forth below,and in accordance with the terms and conditions set forth herein. o
1. Recitals Incorporated. The foregoing recitals are incorporated herein by reference into
this agreement as though set forth at length. ti
2. Lease Term. The initial term of the ROW Lease was to expire and to be deemed
terminated and cancelled effective on April 10, 2024,unless it was renewed pursuant to the terms of
Paragraph 2 of the ROW Lease, or terminated earlier under other provisions of the ROW Lease (the a
"Expiration Date"). Except as modified herein,the ROW Lease currently remains unmodified and in
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full force and effect.
3. Security Deposit. The parties acknowledge that neither Lessee,nor Sub-Lessee,have
any security deposit being held in escrow with the Lessor.
4. Lease Rental Fees. Pursuant to the terms of the ROW Lease, Lessee was to pay
the sum of Four Hundred Six and 25/100 ($406.25) Dollars per month for a total of Four Thousand
Eight Hundred Seventy-five and 00/100 ($4,875.00) Dollars annually. Lessee had agreed to pay in
advance the sum of Fourteen Thousand Six Hundred Twenty-five and 00/100 ($14,625.00) Dollars
as payment in full for the initial three (3) years of the seven (7) year term of the ROW Lease, from
April 11, 2017, through April 10, 2020. Thereafter, Lessee was to pay the remaining annual rental .2
payments in two-year increments on or before the annual renewal date of the ROW Lease. Lessee
had tendered its check for the initial three(3)years on October 7,2017. The second rental installment
due for the two-year increment of April 11,2020,through April 10,2022,was due on or before April
11, 2020, in the amount of Nine Thousand Seven Hundred Fifty and 00/100 ($9,750.00) Dollars. E
Neither Lessee,nor Sub-Lessee,have paid this second rental installment payment. Under the terms
of the ROW Lease, the Lessee had waived any and all rights to any advance rental payment it had
paid for any remaining rental fee which may not yet be due under the terms of the ROW Lease.
5. Lease Termination. Notwithstanding the foregoing, if, on or before the Expiration
Date, Lessee and Sub-Lessee vacate the Premises and leave such Premises in reasonably good
condition and repair and otherwise in such condition as is required under Paragraph 7 below and under
the ROW Lease with respect to surrender of the Premises at the end of the term of such ROW Lease,
then,in such event, as of the date that Lessee and Sub-Lessee so vacate the Premises (such date being 0
the"Termination Date"),(i)the ROW Lease shall be deemed terminated and cancelled with the same
effect as if such date were the normal expiration date of the ROW Lease; and(ii)no party shall have
any claim against the other, and each party releases the other from any and all claims, liabilities,
damages, or actions of any kind whatsoever arising out of or pursuant to the ROW Lease or Lessee
or Sub-Lessee's use or occupancy of the Premises based upon this ROW Lease. Notwithstanding any
provision in the ROW Lease or in this Agreement, if for any reason Lessee or Sub-Lessee fail to
perform any obligation hereunder or under the ROW Lease,including,without limitation,Lessee and
Sub-Lessee's obligations to vacate the Premises and leave such Premises in reasonably good r_
condition and repair and otherwise in such condition as is required under Paragraph 7 below, on or
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before the Expiration Date,then,in such event,the County shall require Lessee to pay the outstanding
rental payment which was due on or before April 11, 2020, for the two-year increment of April 11,
2020, through April 10, 2022. In any event, Lessee and Sub-Lessee shall vacate the Premises and
have the Buildings, including the outside awning, slab, foundation, and any of its other property,
removed from the County right-of-way within thirty (30) days of the approval of this Agreement by
the BOCC, if not sooner.
6. Compliance with Obligations. Lessee and Sub-Lessee shall be responsible for all
obligations of Lessee and/or Sub-Lessee under the ROW Lease through and including the ti
Termination Date,including,without limitation,Lessee's obligation to pay monthly rent,taxes,utility
charges, and all other amounts and charges owing under the ROW Lease.
7. Condition of Premises. On or before the Termination Date, Lessee and Sub-Lessee
shall remove all of its trade fixtures and personal property; repair all damage to the Premises caused
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by such removal; vacate the Premises and leave such Premises in reasonably good, clean condition
and repair, and otherwise in such condition as is required under the ROW Lease with respect to
surrender of the Premises at the end of the term of such ROW Lease.
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8. Mutual Release. By this Agreement, effective on the Termination Date and so long 0.
as no parry shall be in default under its obligations hereunder, each parry hereto releases the other
parry hereto from all claims, demands, damages,rights, liabilities, and causes of action of any nature
whatsoever,whether at law or equity,known or unknown,suspected or unsuspected,which are related
or in any manner incidental to the ROW Lease or the leased Premises and which first arise out of
transactions and occurrences from and after the Termination Date. Each parry waives and
relinquishes any right or benefit which it has or may have under applicable law regarding waiver of
unknown claims to the full extent that it may lawfully waive such rights and benefits. In connection
with such waiver and relinquishment, each parry acknowledges that it is aware that it or its attorneys
or accountants may hereafter discover facts in addition to or different from those which it now knows
or believes to exist with respect to the subject matter of this Agreement or the other parry hereto,but E
that it is such parties' intention hereby fully, finally, and forever to settle and release all of the claims,
disputes, and differences, known or unknown, suspected or unsuspected, which now exist or may 76
exist hereafter between each parry with regard to the ROW Lease or the leased Premises. This
Agreement shall be and remain in effect as a full and complete release notwithstanding the discovery
or existence of any such additional or different facts. Notwithstanding the foregoing to the contrary,
this Mutual Release is not intended to release or offset actions by either parry for claims arising as a
result of(i)a breach of the ROW Lease and occurring on or before the Termination Date,(ii)a breach
of this Agreement, (iii)transactions and occurrences on or before the Termination Date, or (iv) any
matters and transactions relating to the redevelopment of the Premises as to any permitting actions 0
with the Monroe County Building Department.
9. Knowing Release. In executing this Agreement, each parry hereto acknowledges that
they have consulted with and received the advice of counsel and that the parties have executed this
Agreement after independent investigation and without fraud, duress, or undue influence.
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10. Authority of Lessee. Lessee represents and warrants that(i) it is the owner and holder
of the Lessee's interest in the ROW Lease and that it has the power, right, and authority to execute
this Agreement and to carry out the intent hereof, (ii)the execution and delivery of this Agreement
shall not violate or contravene any agreement, contract, security agreement, lease or indenture to
which Lessee is a parry or by which it is bound or requires the consent of any party to any of the
foregoing and (iii)the Premises, including all improvements and betterments thereto, are
unencumbered, free of any security interests, liens, chattel mortgages, leases, lease purchase
agreements or any other security or financing devices and, all such installations have been fully paid
for. .g,
11. Authority of Sub-Lessee. Sub-Lessee represents and warrants that(i) it is the owner
and holder of the Sub-Lessee's interest in the ROW Lease and that it has the power,right and authority ti
to execute this Agreement and to carry out the intent hereof, (ii)the execution and delivery of this
Agreement shall not violate or contravene any agreement, contract, security agreement, lease or
indenture to which Sub-Lessee is a parry or by which it is bound or requires the consent of any parry
to any of the foregoing and (iii)the Premises, including all improvements and betterments thereto,
are unencumbered, free of any security interests, liens, chattel mortgages, leases, lease purchase
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agreements or any other security or financing devices and, all such installations have been fully paid
for.
12. Attorney Fees. If any party initiates legal proceedings to enforce its rights under this 0
Agreement, the prevailing party shall be entitled to reimbursement of its reasonable attorney fees, c.
costs, expenses, and disbursements from the other parties.
13. Final and Complete Expression. This Agreement is the final and complete expression
of the parties with regard to the ROW Lease and its termination. This Agreement may not be
modified, interpreted, amended, waived or revoked orally, but only by a writing signed by all of the r-
parties hereto and approved by the Monroe County Board of County Commissioners. .2
14. Severability. If any provision in this Agreement is deemed invalid,then the remaining
provisions thereof will continue in full force and effect and will be construed as if the invalid provision
had not been a part of this Agreement. E
15. Counterparts. This Agreement may be executed in counterparts, each of which shall
constitute an original and all of which together shall constitute one and the same document.
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SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year
first above written.
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(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
BY: BY:
As Deputy Clerk Mayor/Chairperson
WITNESSES: KEY MARINA DEVELOPMENT, LLC
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LESSEE ru
BY:
Print Name: Print Name:
Title:
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Print Name:
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WITNESSES: FLORIDA KEYS QUALITY FOODS, INC.
SUB-LESSEE
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BY: 06
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Print Name: Print Name:
Title:
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Print Name:
o ffAOE COUNTY ATTORNEY'S OFFICE
DTI Roan
6 PATRICIA MILES
ASSISTANT OUNTY ATTORNEY
DATE ___ 8 21
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Elci:## 2142229 11/03/2017 12:20P
Fi,:led $ Recorded in Official Records
PIOWROE �,".OUNTY KEVIN MADOK
Dat:n 2142229
E110 2137'7 Pg## 1916
UW '--Qf- 'AY LEASE ACC _ . ;
A N D—CDASE U'100 ASS1G NMEN F' L EAa,
IS RIGHT-OF-WAY LEASE A ("LEASE"), made and entered into
by the parties on this l8th day of October, 2017, by and between MONROE COUNTY, a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key
West, Florida 33040, ("LESSOR") and KEY MARINA DEVELOPMENT, LLC;, a Florida
limited liability company, whose principal address is 52 Riley Road, Unit 155, Celebration,
Florida 34747 ("LESSEE") and FLORIDA KEYS QUALITY FOODS, INC., a Florida
corporation, whose principal address is 125 Milano Drive, lslamorada, Florida 33036, ("SUB-
LESSEE").
WITNESSETH:
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WHEREAS, CD
the County owns the public right-of-way along Second Avenue in Key
Largo, Monroe County,Florida., and
WHEREAS, there exists an historic encroachment upon the Second Avenue public right-
o- %ay, of a concrete building and a frame building, existing since 1944 and the early
1960's respectively? and
WHEREAS, on November 12, 1997, the Monroe County Board of County
Commissioners (" OCC") entered into a Lease Agreement with Canalis Holding Corporation
("Canalis") for ten (10) feet of county right-of-way on Second Avenue, Key Largo, Florida,
for a terms of ten (10) years from December 1, 1997, until November 30, 2017 ("Original
Lease"); and
WHEREAS, on February 1 , 2004, the Original Lease was assigned from Canalis to
Ear ark Companies, LLC ("Earthmark"), which assignment was approved as required by
paragraph 7 of the Original Lease by the BOCC; and
WHEREAS, on August 18, 2004, the BOCC approved the Lease assignment from Earth ark
to Ocean Sunrise Associates,LLC ("Ocean Sunrise"), and
WHEREAS, on .lolly 20, 2011, the BOCC acknowledged the transfer of title through a
foreclosure action from Ocean Sunrise to Morgan. Ocean Sunrise, LLC ("Morgan Ocean
Sunrise"), and approved the assignment of the Lease to Morgan Ocean Sunrise on the same
date; and E
WHEREAS, on July 20, 2011,. the EOC;C acknowledged and approved the Assignment of
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Cim.q :21,42229
Icilcl# 2+377 Pg# 1917
Lease ("Assignment of Lease") from Morgan Ocean Sunrise to Florida Keys Quality
Foods, Inc., a Florida corporation, whose principal address is 125 Milano Drive,
Islamorada, Florida 33036 ("Quality Foods"), a tenant of the contiguous property and
leased right-of-way upon which the existing historical encroachment is located; and
WHEREAS, Morgan Ocean Sunrise was successor in interest to the rights and obligations set
forth in the Development Agreement between Ocean Sunrise and the BOCC, which was
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approved by Resolution 93-2007 on November 14, 2007 ("Development Agreement"),
which included the use of the leased property and which was executed subsequent to the
Lease, thus allowing some modifications in the use of the property under the Original Lease;
and
WHEREAS, the survey and site plan provided at the time of the Development
Agreement approval showed encroachment of buildings or structures beyond the original co
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description of the leased Premises as well as allowing parking, wheel stops, an impervious
handicapped parking space, and landscaping on the County right-of-way; and
on September 21, 2011, the BOCC entered into an Amendment ent to Lease �=
with Morgan Ocean Sunrise reflecting the above changes, among other revisions, to the
Original Lease; and
WHEREAS, the contiguous property is currently owned by Key Marina Development, LLC, '✓
a Florida limited liability company, whose principal address is 52 Riley Road, Unit 1 ,
Celebration, Florida 3477, as acquired through a Special Warranty Deed dated October
21, 2013, and recorded in Official Records Book 255, Page 1209 in the Office of the Monroe 0
County Clerk of the Court "KeyMarina"); and z
Ivey Marina is the current successor in interest to the rights and obligations
set forth in the Development Agreement and as outlined in the Key Marina Development,
LLC Ma.or Conditional Use at Mandalay Proposed Site Plan ("SitePlan"), attached hereto and
made a part hereof ("Exhibit A"), which was approved by the Monroe County Planning
Commission on January 27,2017, as part of its Resolution No. P34-1 ; and
WHEREAS, Quality Foods is the current Lessee and Tenant of the leased property under
the Assignment of Lease with said lease tenn to expire on November 30, 2017; and
WHEREAS,on January 18, 2017,the BOCC approved a new Right-of-Way Lease Agreement
with Key Marina, as Lessor, and Quality Fonds, as Sub-Lessee, for an historic encroachment �
upon the Second Avenue public right-of-way in Ivey Largo, but the term of the Lease was
inadvertently omitted, and therefore,never executed by the Mayor on behalf of the BOCC; and
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I:�u�Mtt 214229
�tk�1 21377 1 ga 1918
Key Marina and Quality Foods now desire to terminate the Original Lease and
the Assignment of Lease, and terminate and rescind the BOCC approval on January 18, 2017,.
of the newRight-of-Way Lease Agreement, which was never fully executed; and
WHERE , Key Marina has provided a new Survey and Legal Description, dated
December 7, 2016, incorporating the Site Plan revisions for the Mandalay property, a copy
of which is attached hereto and made a part hereof("Exhibit "); and
WHEREAS, CL
Key Marina is the legal title owner of the contiguous property and desires
to become the LESSEE; and
Key Marina and Quality Foods entered into a Lease Agreement dated April 11, z
2017, ("Lease Agreement"), for the lease by Quality Foods of the contiguous property,
together with the property owned by Monroe County, for an initial lease term of seven (7) co
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years and for renewal terms of three ( )periods of five(5) years each; and
Quality Foods, as the current tenant of the contiguous property, desires to
become the SUB-LESSEE of the leased Premises; �=
WHEREAS, Key Marina, Quality Foods, and BOCC desire to enter into this ight-o
Way Lease Agreement reflecting the revised survey and legal description; and.
WHEREAS, this Right-of-Way Lease Agreement ("ROW LEASE") is entered into in order
to reflect the historic encroachment upon the Second Avenue public right-of-way, of a
concrete building and a frame building, existing since 1944 and the early 1 's 0
respectively, which buildings are currently owned by Key Marina, and the additional uses of
parking spaces, wheel stops, an impervious handicapped parking space, and landscaping on the
County right-of-way.
CONSIDERATIONNOW THEREFORE, IN of the mutual promises and covenants set
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forth below, the parties agree as follows:
MONROE COUNTY COMMISSIONERS ("LESSOR") for and
in consideration of the mutual covenants and agreements hereinafter contained, does hereby
lease to KEY MARINA ('LESSEE") the right—of-way on Second Avenue, Key Largo,
Florida, contiguous to the Mandalay development, more particularly described in
paragraph two (2) below and subject to the following terms and conditions: LU
1. TERM: The Original Lease dated November 12, 19 7,which expires on November 30, �
2017, is hereby terminated upon approval by the BOCC and full execution of this ROW �
LEASE. Additionally, the ROW LEASE approved by the BOCC on January 18, 2017,
Packet Pg. 2187
11cc# ;2142229
PUt 2377 lag# 1919
between the herein parties, but never executed by the Mayor on behalf of the BOCC is
hereby rescinded. The initial term of this ROW LEASE shall be for a period of
seven (7) years commencing retroactively to the 11th day of April, 2017,. and.
ending on the 10"' day of April, 2024, unless sooner terminated pursuant to the
provisions of this ROW LEASE. The term and renewal options of this ROW LEASE
coincide with the same terms set forth in that certain Lease Agreement dated April 11,
2017, between Key Marina Development, LLC and Florida Keys Quality Foods, Inc.,
recorded on July 6, 2017, in the Official Records of Monroe County in book 2863 at
Page 416.
2. RENEWAL TERMS: Lessor shall have the option to renew this ROW LEASE after
the original term, for three (3) additional periods of five (5) years each. z
3. OPTION T : Lessor hereby grants to Lessee the option to renew this,ROW co
LEASE for the renewal terms on the condition that at the time Lessee exercises each
option to renew, Lessee is not in default under this ROW LEASE beyond the expiration
of any applicable cure period. Lessee shall exercise its right to renew and extend the
lease term, if at all, by providing written notice of extension to Lessor at least ninety
(90) days prior to the expiration of the lease term.
4. S tLT1 F P SS. The property subject to this Lease is situated in
the County of Monroe, State of Florida, and is more particularly described in
Exhibit " " attached hereto and made a part hereof("Premises").
5. �:_ LESSEE shall pay to LESSOR the sum of Four Hundred Six
and 25/100 Dollars ( 406.25) per month for a total amount ofFourThousand.
Eight hundred Seventy-five and 00/10 ( 4,875.00) Dollars annually. LESSOR agrees
to pay in advance the total amount of Fourteen Thousand Six Hundred Twenty-five and
00/1 0 ( 14, 25.00) Dollars as payment in full for the initial three (3) years of the
seven (7) year terror of this Lease, and to thereafter pay the remaining annual rental
payments in two-year increments on or before the annual renewal date of the Lease.
The initial rental payment for three (3) years shall be paid within ten (10) days of
execution of this ROW LEASE. If this ROW LEASE should be terminated prior to the
expiration of the initial seven (7) year terra by any party, or should the LESSEE default
in these terms hereof, LESSEE and any subsequent Sub-Lessee waives any and all
rights to any advance rental payment for any remaining rental fee which may not yet be
due under the terms of the Lease. All subsequent rental payments due for any renewal
period shall also be paid in full in advance for the two-year incremental periods upon
notice of exercising LESSEE'S option to renew the Lease. All rental payments shall be
made payable to Monroe County and remitted to the Monroe County Clerk of Court
for the Monroe County Board of County Commissioners at 500 Whitehead Street,
Packet Pg. 2188
29
E►k��2377 Z142219� 1920
Key West, Florida 33 .
6. EILUO : This O LEASE is for the purpose of reflecting the historic
encroachment upon the Second Avenue public right-of-way, of a concrete building
and a frame building, existing since 194 and the early 10's respectively and
allowing the use of the existing buildings and accessary structures that exist on the
County right-of-way as shown on the survey, a copy of which is attached hereto
and made a part hereof as Exhibit" "
7. 9= E111 1' _ EDIT AZJD HLUILI DE [75 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.
. UNAUTHORIZED USE: LESSEE shall, through its agents and employees, prevent co
the unauthorized use of the leased Premises or any use thereof not in conformance
with this ROW LEASE. Development shall only be as allowed by the Development
Agreement dated November 14, 2007, as modified pursuant to Resolution No. P34-16 of
the Monroe County Planning Commission on October 26, 2016, as to the current use
and commercial square footage, as provided by law. Only parking, wheel stops, an
im ervious handicapped parking space, and landscaping are otherwise permitted within
the leased area, outside of the structures and buildings shown on Exhibit "A", in
accordance with the Development Agreement and any conditional use permit. Whether
the Development Agreement is in effect or not, there shall be no changes or
im rovements which encroach or further increase the footprint of the existing
development as shown on Exhibit"A" 0
9. ASSI INMf, M5-11BLEA,5L: This ROW 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.
a. LESSOR hereby consents to the sub-lease of the Premises to Florida Keys Quality
.Foods, Inc., a Florida corporation, whose principal address is 125 Milano Drive,
Islamorada, Florida 33036, a tenant of the contiguous property and leased right-
of-way upon which the existing historical encroachment is located ("Quality
Foods"), so long as Quality Foods has a valid and enforceable lease with LESSEE ca
for the contiguous property, owned by LESSEE.
b. LESSEE shall provide LESSOR with a copy of its Lease Agreement with Quality
Foods and.any amendments or renewals thereto, within ten (10)days of execution
thereof.
S
Packet Pg. 2189
Clot:# :21,42229
1:1104 2377 Pg# 1921
c. Should LESSEE and Quality Foods fail to enter into a valid lease for the
contiguous property, at this time or at any time in the future, the consent for sub-
lease will be automatically terminated.
d. The consent authorized in this ROW LEASE is solely for the sub-lease of the leased
Premises to Quality Foods as the SUB-LESSEE and not to any subsequent Sub-
Lessee without prier written approval.
10.LASE21L, T : This ROW 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.
11. RJJjHJ OF_I I'_E ,"i['I N: LESSOR or its duly authorized agents, representatives, co
or employees shall have the right at any and all times during daylight hours to inspect T_
the leased Premises and the works and operations of LESSEE in any matter pertaining
to this ROW LEASE.
12. INSIJHANCITIIJEMEMDuring the term of this ROW LEASE, �=
LESSEE shall procure and maintain policies of fire, extended risk, and general
liability insurance coverage. The liability insurance coverage shall be in an amount not
less than Two Hundred Thousand Dollars and 00/100 ( 200,000.00) per occurrence
and Three Hundred Thousand Dollars and 00/100 ( 300,000.00) per occurrence for '✓
personal injury, death, and property damage on the leased Premises. Such policies o
insurance shall name LESSOR, Monroe County, as an additional insured. LESSEE
shall submit written evidence of having procured all insurance policies required 0
herein prior to the effective date of this ROW LEASE and shall submit annually
thereafter written evidence of maintaining such insurance policies to the Monroe
County Clerk of the Court, 500 Whitehead Street, Ivey West, Florida 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 ROW LEASE.
13.LI LIT-)' F . FICATI : Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, LESSEE covenants and agrees
that it shall defend, indemnify, and hold the LESSOR and LESSOR'S elected and
appointed officers and employees harmless from and against (i) any claims, actions
or causes of action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death),
loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses
Packet Pg. 2190
Dai:# :11,42229
1c11t11 21377 Pg# 1922
that may be asserted against, initiated with respect to, or sustained by any
indernnifaed party by reason of, or in connection with., (a) any activity of LESSEE or
any of its employees, agents, sub-lessees in any tier, or other invitees during the
term of this Agreement, (b) the negligence or willful misconduct of LESSEE or any
of its employees, agents, sub-lessees in any tier, or other invitees except to the
extent the claims, actions, causes of action, litigation, proceedings, costs, or expenses
arise from the intentional or sole negligent acts or negligent acts in part or omissions
of the LESSEE or any of its employees, agents, contractors, or invitees (other than
LESSEE). Insofar as the claims, actions, causes of action, litigation, proceedings,
costs or expenses related to events or circumstances that occur during the term of
this 12 0 W LEASE, this section will survive the expiration of the term of this
ROW LEASE or any earlier termination of this ROW LEASE. The extent of liability z
is in no way limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this ROW LEASE. TCo
_
14.PAY F 1V I F I AS ASSESS 1 I S: LESSEE shall assume fall
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 bind and all mechanic's or materialmen's liens
which may be hereafter lawfully assessed and levied against the leased Premises.
15. Z&_3YAIVE 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 ROW LEASE shall not be construed as a waiver of such
covenants, terms, or conditions, but the same shall continue in full force and effect, 0
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
LESS
16, ' : Time is expressly declared to be of the essence of this ROW LEASE.
17. 1'I T I'I _ I{', S: 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.
18. 1NE; AI.. YC= U: This ROW 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 E
purpose of exploring and recovering oil and minerals by whatever means
appropriate; .provided, however,that LESSEE named herein shall be fully compensated
Packet Pg. 2191
L'lirrq ;21,42229
f1k13 2,1377 Pg# 1923
for any and all damages that might result to the leasehold interest of said LESSEE
by reason of such exploration and recovery operation.
19. I G I' E All I'T: LESSEE shall make available for LESSOR all financial and
other records relating to this ROW 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
ROW LEASE. This right shall be continuous until this ROW LEASE expires or
is terminated. This ROW LEASE may be terminated by LESSOR should LESSEE
fail to alloy 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. z
2 . CONDITION d I. 6 : LESS . assumes no liability or obligation to co
co
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 the LESSEE.
21. C ) PI.IA L IT A : LESSEE agrees that this ROW LEASE is
contingent upon and subject to LESSEE obtaining all applicable permits and
complying with all applicable permits, regulations, ordinances, rules, and laws of 2
Monroe County, the State of Florida or the United States or of any political
subdivision or agency of either.
22. ABEAM QE C" .YE A1,1J1 S. TF. S C" T S: Should LESSEE
breach any of the covenants, terms or conditions of this ROW LEASE, LESSOR
shall give written notice to LESSEE to remedy such breach within sixty ( 0) clays of
such notice. In the event LESSEE fails to remedy the breach to the satisfaction o
LESSOR within. sixty (60) days of receipt of written notice, LESSOR may either
terminate this ROW 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 ROW LEASE in full force
and. effect and exercise all rights and remedies herein conferred upon LESS
23, A Af-ES 'I - I ES:
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.
Packet Pg. 2192
Cairn 2142229
13113 2+377 Pgq 1924
. LESSEE shall not generate, store, produce, place, trot, 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 ROW 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
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Environmental Protection Agency (EPA) and the list of toxic pollutants designated
y the United States Congress or the EPA or defined by any other federal, state
or local statute, la A,, 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. Z
"Pollutants" and "pollution" shall me those products or substances defined in
Florida Statutes, Chapter 376 and Chapter 43, and the rules promulgated Tco
-
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
d 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 fall 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 or expiration of this ROW LEASE. This paragraph shall Z
not be construed as a limitation upon LESSEE's obligations regarding
indemnification and payment of costs and fees as set forth in paragraph 11 of
this ROW LEASE, nor upon any other obligations or responsibilities of the
LESSEE as set forth herein. clothing 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, LU
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
Packet Pg. 2193
R.5.b
1,in,zp 2142229
1.11413 2137 7 Pg# 1925
damaged for any reason and cannot be repaired but roust, pursuant to law, be
removed and replaced by structure(s) meeting laws in existence at the time of such
occurrence, this ROW LEASE shall be automatically terrninated.
24. `il _1 ES: Upon termination or expiration of this ROW
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 the ROW LEASE instrument with the same --
formality as this ROW 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 �
T_
inspection, If the leased Premises violate conditions set forth in paragraph 8 herein, co
T_
LESSEE shall pay all costs necessary to remove any unauthorized improvements or
changes.
25. EBUIJIL1111ONS AGAINST LIENS OR. OTHER ENCJJM1JRAPLC
M: Fee title 5�_
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. Notwithstanding, LESSEE shall be entitled to mortgage its leasehold
interest in the Premises provided such mortgage interest is subordinate to the terms and
conditions of the ROW LEASE. LESSEE shall provide the documents to LESSOR 0
thirty (30) days before closing to verify that the appropriate language is in the proposed
documents.
26. J!AR '3AL iNVA M: If any term, covenant, condition or provision of this
CAW 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, unpaired or invalidated.
27. A AE L I AL AN 1S"I IT S: Execution of this ROW LEASE
in no way affects any of the parties' obligations pursuant. to Chapter 26 , 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.
28. This ROW LEASE does not authorize �
the use of any lands located waterward of the mean or ordinary high water line of
10
Packet Pg. 2194
R.5.b
Ci,,.,#t 2142229
E-11(q 241377 Pgtt 1926
any lake, river, stream, creek., bay, estuary or other water body or the waters or
the airspace thereabove.
2 9.D_1JU LlCAfF CI LGJJAI.S: This ROW LEASE is executed in duplicate originals
each of which shall be considered an original for all purposes.
30. E" U : '.Phis ROW LEASE and the exhibits attached
hereto set forth the entire understanding between the parties and shall only be
mended.with the prior written approval of LESSOR.
31. _ AI _. _ I : LESSEE shall maintain the real
property contained within the leased Premises 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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32. I C A 1VE. U : This ROW LEASE shall be governed by and
interpreted according to the laws of the State of Florida and venue for any action arising
under this ROW LEASE shall be in Monroe County, Florida. The parties agree to _
mediate any disputes under this ROW LEASE, and further agree that it is not subject to
arbitration.
33. S ,C" LQ AEJ ;a S: Articles, subsections and other captions contained in this
ROW LEASE are for reference purposes only and are in no way intended to describe,
interpret, define or limit the scope, extent or intent of this ROW LEASE or any
provisions thereof.
34. NOTICES. All notices given under this ROW LEASE shall be in writing and shall be z
served by certified mail including, but not limited to .notice of any violation served
pursuant to Sec. 2 . , Florida Statutes,to the last address of the party to whom notice
is to be given, as designated by such party in writing. LESSOR, LESSEE, and SU
LESSEE,hereby designate their addresses as follows:
LESS
County Administrator
1100 Simonton Street
Suite 20
Ivey West, Florida 33040
LESSEE:
Key Marina Development,LLC
52 Riley Road, Unit 15
1
Packet Pg. 2195
Dai.-N :2142229
Iclk!# 2137*7 Pg# 1927
Celebration,Florida 34747
SUB-LESSEE:
Florida Keys Quality Foods,Inc.
125 Milano Drive ,
Islamorada, Florida 33036
35.JURY TRIAL. In the event of a dispute, all parties hereto agree to waive the right
to a jury trial. W
36. ATTORNEY'S FEES AND COSTS. The LESSOR, LESSEE, and any Z
N.
subsequent SUB-LESSEE agree that in the event of any cause of action or T_
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administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this lease, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an
award against the non-prevailing party, and shall include attorney's fees, court costs,
investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this ROW LEASE shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the Circuit Court of Monroe County.
37.BINDING EFFECT. The terms, covenants, conditions, and provisions of this
ROW LEASE shall bind and inure to the benefit of the LESSOR and LESSEE and their
respective legal representatives,successors, and assigns.
38.AUTHORITY. Each party represents and warrants to the other that the execution,
delivery, and performance of this ROW LEASE have been duly authorized by all
necessary County and corporate action,as required by law. LU
LU
Packet Pg. 2196
R.5.b
I:m.-I 1 21,42229
r3kI3 21377 Pq# 1928
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and yeapfi- r4�above written. .9
OF MONROE COUNTY,FLORIDA
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y9, 0 Aw=
1 Clerk yrl rscs
WITNESSE& KEY MARINA DEVF.j,()PMEN
LESSE,E,
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BY.
Print e,. d.�e._ ate_ Print me: -._. I&_
WTrNF,SSES- FLORIDA KEYSQUALITY FOODS,INC.
SUB-LESSEE U)
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-Print Name:
Print
r� Title
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e�
mo RUE COUNTY ATTORNEY°S OFFICE
PR6yED A
PATRICIA LES E
ASSISTANT COUNTY ATTORNEY
DATE;
13
Packet Pg. 2197
fie�.q :2142229
E3413 237'7 P90 1929
IN WITNESS WHEREOF, the parties hereto have set their s and seals the day
year st above written. .9
(S BOARD OF COUNTY" `C tSS1 S �
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1'S I: . ADC», LE OF CONK. °�COUNTY,NTY, FLORIDA
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fat ° Ir Mayor :h
WITNESSES- KEY MARINA DEVELOPMEXI" LLC
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Print Name: Print Name, ca
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Title:
Print Name:
WITNESSES: FLORIDA.KEYS QUALt,rY FOODS, INC. z
SUB-LESSEE U)
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Print ?. _._ Print Name
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MONROE COUNTY ATTORNEY'ATTORNEY'S OFFICE
RbvE s Ta R
PATRICIA EABLES
ASSISTANT COUNTY ATTORNEY
®ATE: I d -I ml
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SKETCH S RI O
WENT TO L EASE
A POIMON OF AMEND
(O LARGO. ROE1 ,M.C.R.)
KEY CONTY,FL
Doi. :21,42229
SURVEYOWS rll(IS 21377 Pgn 1931
1. Reproductions of this Sketch ore not valid without the signature and the original raised seal of
a Florida licensed surveyor and mapper.
2. No Title Opinion or Abstract to the subject property has been provided. It is possible that
there ore Deeds, Easements, or other instruments (recorded or unrecorded) which may affect
the subject property. No search of the public Records has been made by the Surveyor,
3. The land description shown hereon was prepared by the Surveyor. z
4. Bearings shown hereon are based on the adjoining plat of KEY LARGO NORTH, recorded in Platco
Book 7. Pogo 22 of the Public Records of Monroe County, Florida with the northeasterly
right—of--way line of Second Avenue having a bearing of N '37'16" W.
. Data shown hereon was compiled from Instrument(s) of record and does not constitute a cc
boundary survey.
. Abbreviation Legend: F.B. = Field Book, LB. = Licensed Business; M.C.R. = Monroe County
Records; No. = Number; O.R.B. = Official Records Book; P.B. - Plot Book; PG. - Page; P.L.S.
Professional Land Surveyor, P/0 = a Portion of; P.O.B. = Point of Beginning; P.O.C.
Point of Commencement; S.F. - Square Feet.
CERTIFICATION.
Lu
I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true
and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER U
CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter LU
5J--17, Florida Administrative Code, pursuant to Section 472.027, Florid °'Stotutes.
LU
Date: ec
K • CHEE-A--TOW, P.L.S.
Florida Registration No. 5328
AVIROM & ASSOCIATES, INC.
LB. No. 3300 ca
NOT VAUD WrMOUC SHEETS I a
REVISIONS
AWROU&ASSOCIATES,INC JW 0 9881.6 �
ova AS SUAVEWNG&MAPPING a W E
9 9t?$41J 2r1dA tGli VAT& i2W=16
a NK 2
TAL 1) .FAX(W)394.712S BY. S$ LL
` F.B.. �a ��, as mac.
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Isxh3ib B, Page 1 of 3
Packet Pg. 2200
R.5.b
SKETCH MIDDESCRIP71014
LEASEA PORTION OF AMENDMENT TO
(ORS..2W.PG.iW4.M.C.R.)
KEY LARGO, E COUN11Y,FLORIDA
EJQE';# 2142229
Blol 211377 Pg# 1932
LAND DESCRIPTION:
A portion of an Amendment to Lease, as recorded in Ofricia! Records Book 2539, Page 1634, of
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the Public Records of Monroe County, Florida, described as follows:
A portion of Second Avenue adjacent to Lot 1, Block 4, MANDALAY, according to the Plot
thereof, as recorded In Plat Book 1, Page 194, of the Public Records of Monroe County, Florida,
described as follows:
COMMENCE at the intersection of the centerline of sold Second Avenue with the centerline of East
Second Street, according to said Plot; thence S 4-V37'16® E along the centerline of said Second
Avenue, a distance of 25.00 feet to a point on the southwesterly projection of the southeasterly
right—of—way line of East Second Street; thence N 45'17'46" E along said southwesterly projection Tco
_
of East Second Street, 9. 0 feet to a line being 20.40 feet southwesterly of and parallel with the
northeasterly right—of—way line of said Second Avenue, said line also being the southwesterly
limits of said Amendment to Lease; thence S 4437'16" E along said parallel line .and sold
southwesterly limits of said Amendment to Lease. 19. 9 feet to`a point on the southeasterly
limits of a proposed cul—de—sac and a point on o non—tangent curve, concave to the east, .�
having a radius of 20.75 feet and a central angle of 17"20'06" (a radial line bears
S 75"05'47" E from said point), said point also being the POINT OF TIME BEGINNING; thence
northerly along sold southeasterly limits of proposed cul-de—sac along the arc of and sold
non—tangent curve, a distance of 6.28 feet (the next three courses and distances being along
said southeasterly limits of proposed cul—de—sac) thence N 47`21'06" E. 3.52 feet; thence —
N 4327'45" E. 3.27 feet to a point on a non-tangent curve, concave to the northwest, having a
radius of 50.00 feet and a central angle of 10'56'18" (a radial line bears S 482443" E to sold
paint); thence northeasterly along the arc of said non--tangent curve a distance of .55 feet to
the northeasterly line of sold Amendment to Lease and a point of cusp with a non-tangent
curve. concave to the northeast, having 'a radius of 2 .00 feet and a central angle of 2034'30" 0
(a radial I'ne bears S 65'57'14" W from said point): thence southeasterly along said northeasterly
line of Amendment to Lease and the arc of said 'non—tangent curve, a distance of 8.98 feet to
a point of tangency, thence S W37'16" E along sold northeasterly line of Amendment to Lease
also being said northeasterly right—of woy line of said Second Avenue, a distance of 151. 0 feet
to the southeasterly limits of said Amendment to Lease; thence S 45'22'44" W along sold
southeasterly limits of sold Amendment to Lease, a distance of 20.40 feet to sold line being uJ
20.40 feet southwesterly of and parallel with the northeasterly right—of--way line of sold Second
Avenue and said southwesterly limits of said Amendment to Lease; thence N 4437'1 " W, along Lu
sold parallel line and said southwesterly limits of sold Amendment to Lease, a distance of 15 .84
feet to the POINT OF BEG;NNING.
Sold lands lying and situate in Key Largo, Monroe County, Florida, containing 3,249 square feet
(0.075 acres), more or less.
NOT VALID WMiOUi SHEETS 1-3
REVISIONS AWROM 8 ASSOCIATSS,JNC JOB* 9 1.6
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exhibit B, Page 2 of
Packet Pg. 2201
[Im.-N :21,42229
I'llol 24377 Pga 1933
SKETCHo
PORTIONT TO LEASE
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LARGO,M Lt .FOR LOR!
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Aff,
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mcv!rIvel 150
4#0110
L= . 5' - ` � �,>"<-- gas INFEET
43* 745" E - `J' SOUTHEASTERLY -
7' y �, LIMITS PROPOSED
3, . � ,f CUL-DE-SAC
4 . Q . 2 -'r' POINTOFCUSP z
ao
INTERSECTION OF 'Sr , -'"5 =25. 0 sr r
CENTERLINE OFSECOND AVENUE "- "3s '3 ''off� �• CJ
AND CENIERLINE <^ tiTREETs
EAST SECOND 3 44 6" E 19.99' ` +,j LINE OF AMENDMENT A �IT
SOUTHWESTERLY L3MITS OF 2'e ir3 TO
(O.RA ENDM NT34 M.CA 70 E • ;� {O.X9. 2539/1 M.C.R.}
c1, �``
2 .75' P.O-B .
Chto z
0 ofi sr .
.061
00
20.40' SOWNWESTERl ry®
OF AND PARALLEL VAIN
SECOND A�NUE ® G
1
ca
NOT VALID WITHOUTSHEETS 9-3 .
REVISIONS
A VI OM&ASSOCIArEs,wNc 98 -6
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WIW2adA VE VU$Wq W 102
$ 8=RATON.FLO 33432
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3OF3
Exhibit Be gage 3 of 3 1°10114ROE COUNTY
OFFICIAL RECORDS
Packet Pg. 2202