1st Amendment 02/16/2022 Kevin Madok, CPA
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`� Clerk of the Circuit Court&Comptroller Monroe County, Florida
DATE: February 23, 2022
TO: Alice Steryou
Contract Monitor
FROM: Pamela G. Hancoli).C.
SUBJECT: February 16th BOCC Meeting
Attached is a copy of the following item for your handling:
Cl Termination of the 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.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
FIRST AMENDMENT TO TEMPORARY NON-EXCLUSIVE STORAGE
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,
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
"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
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
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
WHEREAS,the parties have found the Original Agreement to be mutually beneficial; and
WHEREAS, the parties find that it would be mutually beneficial to enter into this First
Amendment to the Temporary License Agreement;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below,
the parties agree to amend the Temporary License Agreement as follows:
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
1
License Agreement was terminable by either party upon sixty (60) days' written notice to the other
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2. Monroe County gave a proper notice of termination to the Licensee with an effective termination
date of July 1,2021.
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.
4. Licensee has ceased all operations of its business on the property.
5. The County and Licensee desire to terminate the Temporary License Agreement retroactive to July
1,2021.
6. There shall be no further duties or obligations owed to the other by either party under the Temporary
License Agreement.
F, SS WHEREOF, each party has caused this Agreement to be executed by its duly
rued r r entative.
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:'. )f-\`' ° BOARD OF COUNTY COMMISSIONERS
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eo`%E4e `r' •_ M. OK, CLERK OF MONROE O , FL A
y- By:
As Deputy Clerk Mayor
Date: /4 1'9 z Z
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Witnesses for LICENSEE: LICENSEE:
CONCH TREE&LANDSCAPES;`T! `—`_
PROFS IONALS,INC. . =ry a -
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lignature of person authorized to-=;
Signature legally bind Corporation
Date: / 2 ' 22,
q-r'i ee ( Vc//an) VP
Date Print Name Print Name and Title/
Address: 204? N: Ave ecl
Signature
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Date Print Name Telephone Number
MONROE COUNTY A[TORNEY•S OFFICE 2
` zeVED�STo M
A� r.Pr
PATRICIA EAMES
DATE s*TANT . 11JLitY2RNEY