Item C01 C.1
County f � .�� ��� BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
Mayor Pro Tem Craig Cates,District 1
The Florida Keys '
Y � ��F' Michelle Coldiron,District 2
Vacant,District 3
--' Holly Merrill Raschein,District 5
County Commission Meeting
February 16, 2022
Agenda Item Number: C.1
Agenda Item Summary #9883
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549
none
AGENDA ITEM WORDING: Termination of Temporary Non-Exclusive Storage License
Agreement with Conch Tree & Landscape Professionals, Inc. at Rowell's property with a retro-
active date of July 1, 2021.
ITEM BACKGROUND: Monroe County purchased the Rowell's Marina property in Key Largo in
December 2013. At the time of the purchase, the owner, Largo Sun Vista Acquisition Co., LLC, had
Temporary Non-Exclusive Storage License Agreement in place with Conch Tree & Landscape
Professionals, Inc. ("Conch Tree") as the Licensee. On January 31, 2014, the BOCC approved an
Assignment and Assumption of the Temporary Non-Exclusive Storage License Agreement and
authorized the Mayor to execute the Assignment and Assumption document as the second of three
instruments necessary to complete the closing for the purchase of Rowell's property. Conch Tree
stored equipment on the property and was responsible for mowing the Rowell's property. The
license fee was $1,000.00 per month and terminable by either party upon sixty (60) days' written
notice. Monroe County has initiated steps to begin development of the Rowell's property as a
County park facility and does not have adequate space to allow other outside uses of the property.
So, Monroe County gave a proper notice of termination to Conch Tree with an effective termination
date of July 1, 2021. The equipment stored on the Storage Area pursuant to this License Agreement
has been removed from the Conch Tree storage area and the Property by the Licensee.
PREVIOUS RELEVANT BOCC ACTION:
January 31, 2014 BOCC approved an Assignment and Assumption of Temporary Non-
Exclusive Storage License Agreement and authorization for Mayor to
execute the instruments necessary to complete the closing for the purchase
of Rowell's property. As part of the purchase of the Rowell's property, the
County took assumption and assignment of the existing License
Agreement between the Seller and Conch Tree & Landscape
Professionals, Inc.
CONTRACT/AGREEMENT CHANGES:
Packet,Pg. 28
C.1
Termination of Temporary Storage License Agreement with Conch Tree & Landscape Professionals,
Inc.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
02-16-2022lst Amendment Conch Tree (Final legal stamped) Revised
Assignment and Assumption of Temporary Non-Exclusive License Agreement- Rowell's
01/31/2014 REV
Ordinance 020-2016 Rowells
FINANCIAL IMPACT:
Effective Date: July 1, 2021
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: No
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details: Retro-active Termination date of July 1, 2021.
None
REVIEWED BY:
William DeSantis Completed 02/01/2022 2:11 PM
Patricia Eables Completed 02/01/2022 2:13 PM
Purchasing Completed 02/01/2022 2:15 PM
Budget and Finance Completed 02/01/2022 2:17 PM
Brian Bradley Completed 02/01/2022 3:56 PM
Maria Slavik Skipped 02/01/2022 1:58 PM
Liz Yongue Completed 02/01/2022 4:08 PM
Board of County Commissioners Pending 02/16/2022 9:00 AM
Packet,Pg. 29
C.1.a
FIRST AMENDMENT TO TEMPORARY NON-EXCLUSIVE STORAGE a
LICENSE AGREEMENT
MONROE COUNTY, FLORIDA
This First Amendment to Temporary Non-Exclusive Storage License Agreement is made and
entered into this 16th day of February, 2022, between MONROE COUNTY, FLORIDA ("COUNTY"or
"LICENSOR"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, 0
Key West, Florida 33040, and CONCH TREE & LANDSCAPE PROFESSIONALS, INC. a Florida
For Profit Corporation, authorized to do business in the State of Florida, ("LICENSEE"), whose
principal address is 209 N. Airport Road, Tavernier, Florida 33037, and whose mailing address for
purposes of this Agreement is P.O. Box 372283,Key Largo, Florida 33037.
WHEREAS, Largo Sun Vista Acquisition Co., LLC, a Florida Limited Liability Company, as E
"Licensor," and Conch Tree & Landscape Professionals, Inc., as "Licensee," entered into a Temporary
Non-Exclusive Storage License Agreement on April 23, 2012 ("Temporary License Agreement")
wherein Licensor granted Licensee a temporary license to store its equipment on property then known as
Rowell's Marina and owned by Licensor; and
.2
WHEREAS, the County subsequently purchased the Rowell's property from Licensor, Largo
Sun Vista Acquisition Co, LLC, on December 19, 2013; and
WHEREAS, on January 31, 2014, the Board of County Commissioners (`BOCC") approved an
Assignment and Assumption of the Temporary Non-Exclusive Storage License Agreement, which was
in force between Licensor and Licensee, for the County to assume all duties and obligations under the
License Agreement, and authorized the Mayor to execute the Assignment and Assumption Agreement as
one of three instruments necessary to complete the closing for the purchase of the Rowell's property by v,
the County; and
WHEREAS, as part of the purchase of the Rowell's property, the County took possession and
assumption and assignment of the existing Temporary License Agreement between the Seller/Licensor _
and Licensee; and
WHEREAS, after its °®purchase of the Rowell's property, the County initiated steps to begin �
development of the property and create it as a County park facility and does not have adequate space to
allow other outside uses of the property; and
WHEREAS, this First Amendment serves to terminate the Temporary License Agreement: and E
WHEREAS,the parties have found the Original Agreement to be mutually beneficial; and E
WHEREAS, the parties find that it would be mutually beneficial to enter into this First
Amendment to the Temporary License Agreement;
N
N
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below,
the parties agree to amend the Temporary License Agreement as follows:
N
1. The Licensee stored equipment on the property and was responsible for mowing the property. The
license fee was One Thousand and 00/100 ($1,000.00) Dollars per month and the Temporary
Packet,Pg. 30
C.1.a
License Agreement was terminable by either party upon sixty (60) days' written notice to the other
Party W
2. Monroe County gave a proper notice of termination to the Licensee with an effective termination
date of July 1, 2021.
c
3. The equipment stored on the Storage Area pursuant to the Temporary License Agreement has been
removed by the Licensee from the Storage Area and the Rowell's property. 2
0
0.
4. Licensee has ceased all operations of its business on the property.
0
5. The County and Licensee desire to terminate the Temporary License Agreement retroactive to July
1, 2021.
E
6. There shall be no further duties or obligations owed to the other by either party under the Temporary
License Agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By. By:
Deputy Clerk Mayor
Date:
m
Witnesses for LICENSEE: LICENSEE:
CONCH TREE&LANDSCAPE
PROFESSIONALS, INC.
Signature of person authorized to
Signature legally bind Corporation 03
Date: .. -.. .. .
� g
e �rV
f° �1�' r
Date Print Name Print Name and Title `
N
Address: r i., ", ®p cV
Signature
.. CV
;.b
Date Print Name Telephone Number
MONROE COUNTY AT ORNE`'S OFFICE 2 ¢
01 Erg, O 0111
PATRICIAEABLES
ASSIST i ffRNEr
A3 ' !' Packet,Pg. 31
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/31/2014 Division: County Administration
c
Bulk Item: Yes X No _ Staff Contact: _Natileene Cassel/292-3470
AGENDA ITEM WORDING: Approval of instrument entitled"Assignment and Assumption of
Temporary Non-Exclusive Storage License Agreement"and authorization for Mayer to execute.This
document is the second of three instruments necessary to complete the closing for the purchase of
Rowell's property set for the afternoon of January 31, 2014. c®
ITEM BACKGROUND: As part of the purchase of the Rowell's property the County wishes to take
over the existing license between the Seller and Conch Tree & Landscape Professionals, Inc. This
company presently stores equipment on the property and is responsible for mowing the property. The
license fee is$1000.00 per month and is terminable by either party upon 60 days notice. c
PREVIOUS RELEVANT BOCC ACTION: On April 17, 2013, the BOCC authorized the County
Administrator to obtain two appraisals of Tracts 1 and 2, Highland Shores Subdivision and adjoining
Parcels"A"and"B"(formerly Rowell's Marina)to determine the feasibility and value of the property.
At the October 2013, BOCC meeting, the BOCC approved a Sale and Purchase agreement, which
passed the BOCC with the stipulation that the Sale and Purchase include a business plan. On
November 20, 2013 the BOCC gave final approval for the purchase, closing date set for January 31,
2014.
CONTRACT/AGREEMENT CHANGES: N/A
X
STAFF RECO NDATIONS: Approval
0
0
0.
TOTAL COST: N/A INDIRECT COST:N/A BUDGETED: Yes X No
COST TO COUNTY: N/A SOURCE OF S:
c
REVENUE PRODUCING: Yes X No AMOUNT PER YEAR: _$12,000.00
fJ0 Plus sales tax y
APPROVED BY: County Atty— OMB/Purchasing Risk Management N/A y
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM# N
Revised 11/06
Packet;Pg. 32
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Conch Tree &Landscape Contract#
Effective Date: Jan31, 2012
Expiration Date:
Contract Purpose/Description:
LU
This licdense is assigned to the County as part of the Rowell's property closing
N
Contract Manager: County 1 y
Administrator c
(Name) (Ext.) (Department/Stop#)
for BOCC meetin on 1-31-2014 A ends Deadline: 1-17-14 E
CONTRACT COSTS
Total Dollar Value of Contract: $ 12,000 Current Year Portion: $ 12,000
income
Budgeted? Yes[] No ® Account Codes: - - - -
Grant: $
County Match: $
X
ADDITIONAL COSTS c
Estimated Ongoing Costs: $ /yr For.
(Not included in dollar value above) (e .maintenance.utilities,'anitorial,salaries,etc.)
0
0.
CONTRACT REVIEW
c
Changes Date Out
Date In Needed Reviewer
Division Director Yes❑ No[:]
Risk Management Yes[:]No[:]
O.M.B./Purchasing Yes[]No[:]
County Attorney /�/V-k" Yes❑Nod] �.�® J_/�-�♦
Comments:
OMB Form Revised 2/27/01 MCP#2
- — Packet jPg. 33
r P&CM0
D.,-=Ave 19,20 1
i.i;,moam o0 LvorW &V•.Ia.MawocCou.JLMLh j�J(V2 a)
ASSIGNMENT AND ASSUMPTION OF
TEMPORARY NON-EXCLUSIVE STORAGE LICENSE AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION OF TEMPORARY NON-EXCLUSIVE
STORAGE LICENSE AGREEMENT is dated as of this day of , 20 (this
"Assignment"), and is made and entered into by and between LARGO SUN VISTA
ACQUISITION CO., LLC, a Florida limited liability company ("Assignor"), and MONROE
COUNTY,FLORIDA,a political subdivision of the State of Florida("Assignee").
cv
WITNESSETH:
WHEREAS,Assignor is the Licensor under the Temporary Non-Exclusive Storage License
Agreement dated April 23, 2012 (the "License Agreement") with Conch Tree & Landscape
Professionals, Inc. ("Licensee") with respect to the property depicted and described in the License
Agreement and which is the subject thereof(the"Licensee Premises"); and
WHEREAS,Assignordesires to assign and conveyand Assignee desires to accept assignment
and conveyance of all of Assignor's right, title and interest in and to the License Agreement and theCD
obligations related to the License Agreement on the terms and subject to the conditions set forth
therein; y
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and for other good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged,and intending
to be legally bound hereby, the parties agree as follows:
X
1. Assignment, Assignor hereby conveys, assigns, transfers, sells, sets over to and
delivers to Assignee and its successors and assigns, all of its right, title and interest in and to the
License Agreement and Assignee hereby accepts all of the right,title and interest of Assignor in and
to the License Agreement.
1.
2. Assumption. Assignee as of the date hereof hereby assumes the License Agreement
and all of the duties and obligations thereunder.
c
3. Successors and Assigns. This Assignment shall be binding upon and inure to the
benefit of the Assignor and Assignee hereto and their respective successors and assigns.
4. Governing Law. The Assignor and Assignee hereto agree that this Assignment and the
rights and obligations of the parties hereto shall be for all purposes governed by and construed and
enforced in accordance with the substantive law of the State of Florida without giving effect to the
principles of conflict or choice of laws provisions thereof.
5. Severability. If any term or provision of this Assignment or the application thereof to y
any persons or circumstances shall, to any extent,be invalid or unenforceable,the remainder of this
Assignment or the application of such term or provision to persons or circumstances other than those
as to which it is held invalid or unenforceable shall not be affected thereby, and each term and
provision of this Assignment shall be valid and enforced to the fullest extent permitted by law.
1
Packet;Pg. 34
6. Headingg. Section headings in this Assignment are included herein for convenience of
reference only and shall not constitute a part of this Assignment for any purpose.
0
7. Gender: Number. As used in this Assignment, the masculine, feminine or neuter
gender, and the singular or plural number, shall be deemed to be or include the other genders or
number, as the case may be, whenever the context so indicates or requires.
8. Entire A&Mment: Amendments,. This Assignment embodies the entire agreement
between the Assignor and Assignee hereto with respect to the subject matter hereof and supersedes
any and all prior or contemporaneous oral or written understandings,negotiations or communications
on behalf of such parties with respect to the subject matter hereof. This Assignment maybe amended
only by an instrument in writing duly executed by each of such parties hereto and any such
amendment so duly executed in writing shall be binding on such parties hereto. a,
0
IN WITNESS WHEREOF, the parties thereunto duly authorized, have executed this
Assignment as of the date first set forth above.
"Assignor"
LARGO SUN VISTA ACQUISITION CO., LLC
By: SVMG KEYS ACQUISITION CO., LLC,
le member-
>
By
:
OIaA- Pap , P nt '
"Assignee'
MONROE COUNTY, FLORIDA, a political
subdivision of the State of Florida
By:
0.
Its Mayor E
By:
MONROE COUNTY ATTORNEY Amy Heavilin,Clerk
A PROVED AS`F!/ MONROE COUNTY ATTORNEY:
NATILEENE W. CASSEL APPROVED AS TO FORM y
ASSISTANT COUNTY ORNEY
Date
By
Nattleene W.Cassel,Assistant CountyAttomey
Date:
y
Packet;Pg. 35
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t $� .p •i t!HG
TEiV1YOR.�RY_tVUtV-N;.�Ct'L,I�SiVH:S(Ult:�(:N, 1 !('H;N!+i�: r\(�Itt;h: :V t'
0
fl its I I-N11'OIiARY NON-1 V 1 l INIVI- 81 ORA(H I.II'1'Ntil' A(iRI I•.Ml-N I
(this "Agreement"). made etlecUve ati ul'thi% 073 Clay ul .Apid 201 ?, hetwcen I.AR(FU
SUN V1S I A ACQUISI 11ON ('0. If.(' ("I ►censor") and CONCI l I RI-V & LU
LANDSC'API, f'RO1 I-'SSIONAI.,S. INC ("Vicemce").
W I I NI SSt 11 1.
W F-1k Rl '\S I.ICLnsor is dic owner of Lerhim propctty located at I044-10 Ovcrsras y
Highway Kev 1 argo, Florida. 3 10;7 known a., ROWIA L'ti MARINA +Intl legally
described in Exhibit"A" hereto (the Property"); ,uid 0
WHE14LAS licensee destres to use a portion of Iha Property n) winpontrily %lore
its owned lan,I%cape egiiiprnent u.ed in uonnecUon kNith Ltcctnte S Iauulwcapillg husine�ss m
(the"Equipmeja ), and
Wflt,RNAS Lit.en4or is willing to grail I ICF-NSFE i temporary kurn,t: to store
the Equipment on the area designated herein solely for the storage thereof'- upon the
express terms, conditions, restnetiuns fund limitations set forth herein. �
NOW, THEREFORE, for and to consideration of the mutual covenants herein
contained and for other good and valuable considerations,it is agreed as follows•
X
I. Licensor hereby grants to Licensee the temporary. non-excltts.ive license to
store the Equipment on only that 250' by 175' portion of the .Property and 0
in only the area marked in Exhibit "13" attached hereto and made part of
hereof (the "Storage Area"). Storage of the Equipment on the Storage
Area will continence on or after April .23 , 2012, and shall end by no
later than sixty (60) days after prior written notice by either party to the 0
other party terminating this Agreement (the "License Term") Licensor
agrees to provide access to the Property and to the Storage Area for
Licensee to transport or cause the transport of the Equipment to the 0
Storage Area at the commencement of the License Term and to and from
the Storage Area during the License Term and from the Storage Area at 0
the Expiration Date. . ,,ve ava-Ajre,#t ;'#po 0- At&?t . S'/, tvAc e y
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2. Licensee agrees to be responsible for the security for the designated
a Storage Area and the Equipment thereon. Additionally, Licensee agrees to
clear the Storage Area of overgrown vegetation and to grade or otherwise
prepare the Storage Area at its own cost and expense in order to make the 0
Storage Area suitable for the storage of the Equipment. Prior to such n
!' clearing and grading of the Storage Area, Licensee shall submit its plans
therefore to Licensor for its written approval. The Equipment must be
stored within the designated "Storage Area" only and the only activity
allowed Licensee within the Storage Area shall be the storage of the
Equipment.
Packet;Pg. 36
In the clearing and grading of the Storage Area Licensee shall adhere to
the plans therefore approved by Licensor and shall obtain all permits
required by governmental agencies having jurisdiction thereover (if any
are required) and shall otherwise comply with all governmental rules,
regulations, codes and ordinances with respect thereto and concerning the
use thereof, including any and all environmental laws, rules and
regulations applicable to the Equipment, the Property, the Storage Area
and Licensee's use thereof for the Storage of the Equipment, all at
Licensee's sole cost and expense. Licensee hereby represents and
warrants to Licensor that none of the Equipment contain or are constructed
of hazardous or toxic materials and that they shall remain free of same y
during the License Term and until after they are removed from the Storage Z
Area and the Property.
3. The term of this Agreement shall be for the License Term commencing
April 23 ' 2012, and terminating as provided in Paragraph 1 hereof(the E
"Expiration Date"), and may be extended from time to time only by the
mutual written agreement of the parties. The Equipment stored on the
Storage Area pursuant to this Agreement shall be removed from the
Storage Area and the Property by Licensee by no later than the Expiration
Date. Licensor shall have the right to remove and have stored at
Licensee's expense any of the Equipment not so removed by the
Expiration Date. In addition, for every day the Equipment remains on the
Storage Area after the Expiration Date,Licensor shall be entitled to collect
a holdover license fee of$250.00 per day from Licensee.
4. Licensee agrees to at all times maintain the following insurance coverages:
a. Worker's Compensation and employer's Liability coverages in the
amounts of Five Hundred Thousand Dollars/Five Hundred 0.
Thousand Dollars/Five Hundred Thousand Dollars
($500,000/$500,000/$500,000).
b. Commercial General Liability limits of One Million Dollars
(1,000,000.00) per occurrence and Two Million Dollars
($2,000,000.00) in the aggregate, which shall include Licensor as y
additional insured.
C. Comprehensive Automobile Liability coverage with limits no less
than One Million Dollars ($1,000,000.00) for bodily injury and
property damages, including hired and employer's non-owned auto E
liability coverages.
Licensee further agrees to furnish Licensor with a valid certificate
of insurance naming Licensor as an additional insured thereunder a
and evidencing the preceding insurance coverages and containing a
thirty (30) day notice of cancellation or non-renewal or a fifteen
(15) day notice in the event of cancellation for non-payment of
-- Packet;Pg. 37
preniitm► prior to str►rti►r.9 the I.tluipntenl In the liccl►srd tilOragc
Arta
l.i�cmcc hereby rrlcaws I it ensor and I icumor',N ovvrrerti"nrd shareholdt rs
.►rid It'., alld (hell otlicers dncctors, employer~ in respect of any a►ld all
liability in connection with the thtµ►iptr►enl, the use of the Storage Area.
dill/or the Properly mid occasioned by Licensee's action, or inaction;
hercuntkr or by tht action or nraction or I.iccntior I icutttiee tilltiler agrees
to indenuury, save harntless and delcnd Licensor and its employees CD
officers, direclors, mciubers and shareholders, as well a, its and their
revpective heir., successors and aligns, in respect of tiny anti all loss,
damage, expeme or liability, third party or otherwise in Lumtcctturr with e7
Ilse u e of said Storage Area, or the Property by I.iwntit e, its inrl►lo)ix-s.
agents canlractors ►►nil/or those claiirting by, through or under ally of
them, provided, liowevcr, that this Agreement is II)r the rule Imiclil of
l icensee t icetvior and its owners and shareholders ►nd inet+rbers imd its
and their officers, directors and employees shall be ('ice to delend ally °3
claims ans►ng hereunde► directly :urd licensee agrees to pay ill costs,
including reasonable attorneys' tees, in corurection with said tlelerrsr
6. in its use of the Storage Area and the preparation thereof, Licensee agi,ces
to comply with all applicable regulations, laws, rules. codes and
ordinances, including, without limitation, any Guidelines and Surety Rules
and Regulations which Licensor promulgates and imposes with respect to
the Storage Area and the Property and Licensee's use thereof
x
7 Notices under this Agreement shall be deemed effective if in writing and it
hand delivered, gent by overnight courier, sent by certified mail, postage
prepaid,or sent by facsimile, addressed as follows:
0
a. If to Licensee: Largo Sun Vista Acquisition Co.,LLC 0.
Attention: Ms. Debbie Apohnario
321 East Hillsboro Blvd.
Deerfield Beach, Florida 33441 r-
Phone:(954)418-0208 2
FAX: (954)418-0207 E
With Copy To: Attention: Theodore R. Stotzer,Esq.
Largo Sun Vista Acquisition Co., LLC
c/o 321 East Hillsboro Blvd.
Deerfield Beach,Florida 33441
Phone:(954)949-3480
FAX: (954)418-0207 N
b, If to Licensor: Conch Tree 8t Landscape fessionals, Inc. y
Attention: j- 1 h"vb
150 t 1D
I i.>t or�.t L.Ft,r9�..o F t• 3�y3�'
Phone:_ 3oS- s zz 2-to
Packet;Pg. 38
1/,/ /�C)O
I A\
Willi ( ►►py I+► Ciiw,li I me tic. 1 andmape I'rules-ot n is Inc
Attcwhun Nl.u•tm tilwre Yulland
1' 0 liox 1711-81 �
Key I.argo l lwid❑ 11017
I'huttc LU
PAX jam,>" qs/-MIO
Ally nolit c.-, senl by ceititit d ni,ul ,hall be deemed delivered thin, (1)d,►vs
after tlr- dale ul mailnig. ur owe ( 1) clay after heing sent by ovcl-night
�ounet or tin the day of hand delivery of delive►y by kic mitily wish dated
u►ntirnialion of reo;Jpt
0
8. Ltcemur in the event 4►I a breach tit this \greunteid by I F:ensu sl►k►II
have the right to give t+utice thcreof'to 1 icen a and il'thc noticed default
6 riot curet) by Licenser within five (5) day, of its receipt of the detatdt
riotice, 1 icensor shall have the right to terminate this Agreen►enl. in which
event I wensee Shall remove the Equipment from the,Storage Area dud the
Property within forty-eight (48) huurs of I.icemee'y receipt of the
termination notice. In addition, Licensor, in the event of a breach of this
Agreement by licensee, bhall as the prevailing party in any litigation,
arbitration of mediation. be entitled as part of any award reasonable
attorneys' fees and cost.
9. This Agreement shall nut be assignable by licensee This Agreement shall
be construed and enforced pursuant to the laws of the State of Florida.
This Agreement represents the entire agreement between the parties o
concerning the subject matter hereof and supersedes any prior agreements
concerning the subject matter hereof.
0
10 The following additional provisions shall apply to and for all purposes be E
deemed to be and hereby are an integral part of this Agreement.
a. Prior to the commencement of the License Term, Licensee shall
1
pay to Licensor a $2,000.00 deposit (the "Deposit') to secure o
} Licensee's performance of its obligations hereunder. Licensor y
shall be entitled to utilize the Deposit to satisfy in whole or in part
any unsatisfied obligation(s) of Licensee hereunder, with any
unused portion or excess of the Deposit to be returned to Licensee
within thirty (30) days after Licensee satisfies all of its obligations
under this Agreement.
b. Licensee during the License Term shall pay to Licensor a license v
fee (the "License Fee") of $1,000.00, together with sales, use
and/or excise tax(es) due thereon, for each month of the License
Term, with such Licensee Fee due and payable by the first day of
each month. Licensee shall pay to Licensor prior to the
commencement of the License Term an amount equal to the
{
Packet;Pg. 39
License Fee prorated for the number of days in the partial first
month of the License Term, together with the first full month's
payment of the License Fee and together with sales,use and excise c
tax(es)due thereon,and together with the Deposit.
C. All of the Equipment stored in the Storage Area shall be stored in
any orderly fashion and all trucks,trailers and other portions of the
Equipment which are required to be registered and/or have license
plates or tags, shall have such registrations, tags or licenses
properly displayed thereon and shall be current at all times during
the License Term.
d. This is a non-exclusive Agreement and Licensor shall at all times ,
have access to and use of the Property and shall at all times be e
allowed to use the Property as it determines in its sole discretion,
which use shall include and not be limited to staging of events on
the Property itself or under separate agreements with third party
vendors and vendees,licensees or lessees. Licensee covenants and
agrees that it shall take no action or fail or neglect to take action
which is necessary that may or will interfere with Licensor's use of
the Property or the use thereof by those claiming by, through or
under Licensor.
e. Licensee agrees to fence the Storage Area at is expense as part of
its preparation of the Storage Area and to comply with all of the
other terms and conditions of this Agreement with respect to and
which apply to the preparation of the Storage Area for Licensee's
use. e
f. As part of the consideration. by Licensee to Licensor for the
making of and entering into thus Agreement by Licensor, Licensee 0.
agrees to regularly and routinely during the License Term maintain
the entire Property of which the Storage Area is just a part, which
maintenance shall include,without limitation,mowing of the grass, e
removal of invasive plants (e.g., Holly trees) and weed control,
including weed control around the perimeter fence for the
Property. Licensee shall also be responsible for assuring that the y
access gate at the front of the Property remains locked at all times
except when Licensee is entering or leaving the Property and/or
Storage Area in connection with its use of the Storage Area and
except when events are being staged or held on the Property.
g. Licensee agrees that neither Licensee, nor its employees, agents, e
contractors or any other person claiming by, through or under y
Licensee shall have access to the waters abutting the Property or to
the marina or seawall or other Property water appurtenances. The a
foregoing prohibitions shall include, with limitation, prohibitions
against swimming, boating, boat launching, boat ramp use and/or
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docking of boats. Licensee agrees to strictly enforce and abide by
the foregoing prohibitions and restrictions
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h. The Equipment to be stored on the Storage Area is strictly limited
to the following:
• Bucket Truck
• Grapple Truck
• Chip Box Truck
• Two(2)Dump Trucks
• Three(3) Pickup Trucks
• Three(3)Chippers
• Three(3)Lawn Maintenance Trailers
• Decorative Boulders and Stone
• Mulch c
and no other items.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
Year and date first above written.
LICENSOR: LICENSEE:
LARGO SUN VISTA ACQUISITION CO., CONCH TREE&LANDSCAPE
LLC,a Florida limited liability company PROFESSIONALS,INC.,a Florida
BY: SVMG KEYS ACQUISITION corporation
CO.,LLC,its managing member
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By: By
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Name: ' Name:
Title: &egideui Au*4rateA PDrdSWMVJC Title: President
Date: April 95 ,2012 Date: April A�2012
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EXHIBIT"A"
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Tracts 1 and 2, HIGHLAND SHORES, according to the Plat thereof
recorded in Plat Book 3, Page 39, of the Public Records of Monroe
County,Florida,together with Sovereign Land in Blackwater Sound lying
westerly and adjacent to the above-described Tracts.
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WARONKM 3 ROM,INC. 10 REAL ESTAMAPPIMSMS AND CONSULTANTS 16
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Bankol America
4088
Conch Tree & Land,'cape Pici ti 63,/6.� 0
305 451 1900
P O Box 372283
Key Largo, FL 3 303/ 4127120i2
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PAY TO THE Largo Sun VI st a Acgiwbon CO LLt; $ "`4 418 75
ORDER OF
Four Thousand Four Hundred Eighteen and 75/1006668sbbSttFb®plat +bk ! tr alb ...Ad6i46d• gppbpt"Hbb�� DOLLA
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Largo Sun Vista Acquisition CO LLC
321 East Hillsboro Blvd
Deerfield Beach. FL 33441 >
MEMO u
2000 Security, First, Last, 7 week of April 7 5/o tax F
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Conch Tree&Landstope,Pro a 408E
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Largo Sun Vista Acquisition CO I LC 4/27fJ012 0.
4,41E 75 0
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Bank of America 2000 Security First, Last,. 1 week of April 7.5%t 4,418 7Fi
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ORDINANCE NO. 020 - 2016
AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF Mf NROE COUNTY, FLORIDA,
PROVIDING FOR CREATION OF ROWELL'S WATERFRONT
PARK; PROVIDING FOR PARK HOURS; PROVIDING FOR
PERMISSIBLE AND PROHIBITED ACTIVITIES; PROVIDING
FOR PENALITIES; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, under Florida Statute section 125.01(1)(f) the Board of County
Commissioners for Monroe County (BOCC) is granted the authority, among others, to provide
parks, playgrounds and recreation areas; and
WHEREAS, the BOCC finds that public parks and recreation areas provide sites where
the families and citizens of Monroe County can benefit from and engage in healthy recreational
activities; and
WHEREAS, in December 2013, the County purchased the property formerly known as °3
Rowell's Marina to provide additional recreational opportunities and open space for County
residents by eventually converting the property into a public park; and
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WHEREAS, since taking ownership of the property, the BOCC has permitted 0
community events to take place but due to site conditions has not opened the property up for
general use by the public; and
WHEREAS, the BOCC finds that providing Rowell's Waterfront Park in Key Largo as
a free and open public recreational area on Memorial Day Weekend 2016 offers such a
recreational park area that benefits the families and citizens of Monroe County; and
WHEREAS, under Florida Statute section 125.66(3) the BOCC is granted the authority c
for emergency enactment of ordinances; and
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WHEREAS, it is the vision and desire of the BOCC to immediately provide and make
available Rowell's Waterfront Park as a public park beginning on Memorial Day Weekend
2016 through emergency enactment of this Ordinance as permitted by Florida Statutes; and
WHEREAS, without proceeding through this emergency enactment, the opening of
Rowell's Waterfront Park would be delayed several months and it would not be available for
the public to enjoy and benefit from during an important holiday for Monroe County citizens,
that being Memorial Day Weekend; and
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WHEREAS, the BOCC further intends that this Ordinance be adopted to protect the
public health and safety and promote safe use of Rowell's Waterfront Park; and
WHEREAS, the Monroe Count, Sheriff and his deputies are authorized by law to
enforce Florida Laws and County Ordinances; and
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WHEREAS, Rowell's Waterfront Park must have written rules established by
Ordinance in order for the Sheriff and his deputies to enforce those rules; and
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WHEREAS, the BOCC does hereby declare that an emergency exists and that
immediate enactment of this Ordinance is necessary, and by no less than a four-fifths vote of the
BOCC does hereby waive notice of intent to consider this Ordinance; and
WHEREAS, it is the intention of the BOCC that this Ordinance shall establish the initial
set of rules for Rowell's Waterfront Park but that a more comprehensive ordinance will be
considered at a later date after public discussions and input, and that the future ordinance shall
be codified into the Monroe County Code of Ordinances after regular meetings as to the
development, establishment, and implementation of Rowell's Waterfront Park. °3
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NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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SECTION 1: LEGISLATIVE FINDINGS AND INTENT. The above stated recitals to this
Ordinance are hereby incorporated into this Ordinance by the BOCC as the legislative intent
pertaining to this Ordinance.
SECTION 2: EMERGENCY ENACTMENT. Pursuant to State law and based on the
legislative findings set forth herein, it is declared that an emergency exists requiring immediate
action by the BOCC.
SECTION 3: ROWELL'S WATERFRONT PARK. For purposes of this Ordinance c
Rowell's Waterfront Park means the area described as Tracts 1 and 2, Highland Shores, i
according to the Plat thereof as recorded in Plat Book 3, Page 39, of the Public Records of
Monroe County, Florida; Alternate Key: 1626015 Parcel ID: 00508200-000000 and Alternate N
Key: 1626023 Parcel ID: 00508210-000000.
SECTION 4: PARK HOURS. Rowell's Waterfront Park shall be open every day from 7:30
a.m. until sunset.
SECTION 5: PROHIBITED ACTIVITIES. The following activities are prohibited at
Rowell's Waterfront Park:
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1. Camping.
2. Possession or consumption of alcohol beverages. For the purposes of this section, the
term "alcoholic beverage"means distilled spirits and all beverages containing one-half of one
percent or more alcohol by volume.
3. Fires, camp fires, grilling, bonfires. No person shall cook or light or maintain any
cooking fire, campfire, or other fire.
4. Motor boats,jet skis,parasail, kiteboarding, or motorized watercraft of any type.
5. Golf balls and golfing. No person may hit or otherwise propel, place or leave golf balls °®
in the park.
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6. Operation of drones from the park premises.
7. Use, handling, possession or discharge of fireworks or explosives.
8. Sale of any goods or merchandise.
SECTION 6: DOGS. Dogs are allowed in Rowell's Waterfront Park under the following
conditions:
a. Dogs must be kept on a leash no greater than eight feet long.
b. Dogs are not allowed in the swimming basin or within 150 feet of the waterfront.
c. All dogs must be accompanied at all times by an adult human owner or handler. °3
d. Dog owners or handlers must clean up after dogs and properly dispose of waste. The
county shall provide Mutt Mitts and Doo-Drop in stations for this purpose.
e. Dogs exhibiting aggressive behavior towards a human or animal or creating a
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nuisance must be immediately removed from the park. 0.
f. There shall be no more than three dogs per owner or handler per visit.
g. Puppies under four months of age are not allowed.
h. If a dog digs, the dog must be stopped immediately and the owner/handler must fill
the hole.
i. All dogs must have current rabies vaccinations and county licenses and be wearing
their tags while in the park.
j. Dogs in heat, ill and having excessive fleas, ticks, or other internal or external
parasites are not allowed. c
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SECTION 7: USE OF SEAWALL. Diving from the seawall and mooring of boats to the
seawall are prohibited.
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SECTION 8: SWIMMING. All swimming shall be at the individual swimmer's own risk. The
waterfront areas shall be marked with signage prominently warning that there is no safety
equipment or lifeguard on the premises and that persons must be aware of natural conditions,
water current and depths, and swim at their own risk.
SECTION 9: PARKING. Patrons of Rowell's Waterfront Park shall park vehicles inside the
park only, and may not park along or on the right-of-way, bike paths, or roadway of Overseas
Highway.
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SECTION 10: DOCKING, EMBARKING and DISEMBARKING. No person shall dock a
vessel of any kind, nor shall any person embark or disembark a vessel from the seawall at
Rov,,ell's Waterfront Park. The boat ramp shall only be used to launch or land kayaks, canoes,
paddle boards, and similar self-propelled watercraft.
SECTION 11: PENALTIES. A violation of any of the provisions set forth in this Ordinance
shall be punishable as provided in section 18-27(p) and section 1-8 of the Monroe County Code °®
of Ordinances.
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SECTION 12: SEVERABILITY. If any portion of this Ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 13: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 14: FILING: Pursuant to F.S. 125.66(3), the Clerk is directed to transmit by email a
certified copy of this Ordinance to the Florida Department of State as soon after enactment as is
practicable and to the Municipal Code Corporation for publication; however the editors at
Municipal Code Corporation are directed not to codify this Ordinance without further direction
from the BOCC.
SECTION 15: EFFECTIVE DATE. This Ordinance shall become effective immediately
upon the Clerk's receipt of a confirmation email from the Department of State.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, through emergency enactment procedures authorized by F.S. 125.66(3), own the 18`�ay_rl
of May 2016. o F
Mayor Heather Carruthers Yes or a rn 6
Mayor Pro Tem George Neugent Yes m:X ` -� c
Commissioner Danny Kolhage Yes c i
Commissioner David Rice Yes 2
Commissioner Sylvia Murphy Yes . 4_
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BOARD OF COUN C MISSIONERS
Y HEAVILIN, Clerk OF MONROE A
By: y epu Clerk ' as_ MONFIOE COUNTY A ORNEY
APP VED AS T OR
HRIS AMB OSIO
ASSISTANT COUNTY TTORNEY
Date: r Packet Pg.48
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AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY,FLORIDA
May 25, 2016
Mr. Ernest L. Reddick, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Dear Mr. Reddick,
Enclosed please find a certified copy of Ordinance No 020-2016 Approval of an Emergency c
Ordinance creating Rowell's Waterfront Park and providing park hours and permissible and prohibited LN
activities.
0.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a 0
Regular Meeting, held in formal session, on May 18, 2016. Please file for the record. Should you have
any questions please feel free to contact me at (305) 295-3130.
Res ectfully s orrlitted,s
Amy He ilin, CPA,
Clerk of the Circuit Court
and ex officio Clerk of the
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Board of County Commissioners i
by: Cheryl Robertson, D.C.
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cc: County Attorney via e-mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e-mail
MuniCode via e-mail
File a
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
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FLORIDA DEPARTMENT Ot STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State 06
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May 26,2016
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Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
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Attention: Ms. Cheryl Robertson, Executive Aide
Dear Ms. Heavilin: c
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 020-2016, which was filed in this office on May 26, c
2016.
Sincerely,
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Ernest L. Reddick i
Program Administrator
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ELR/lb
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
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