Item C16BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21, 2008 Division: Housing & Community Development
Bulk Item: Yes X No Department: Housing & Community Development
Staff Contact Person: Lisa Tennvson/292-4462
AGENDA ITEM WORDING:
Approval to grant an easement to Comcast of California/Colorado/Florida/Oregon, Inc. on the Islander
Village workforce housing development property to permit the installation, operation, and maintenance
of a broadband communications system.
ITEM BACKGROUND:
Islander Village is a workforce housing development located in Stock Island. Monroe County is the
owner of the underlying property and therefore must approve and sign the utility easement.
PREVIOUS RELEVANT BOCC ACTION: On July 19, 2006, Board approved proposed
Agreement for Sale and Purchase of property on Stock Island for the purpose of providing for
affordable/employee housing on land to be purchased by the County and a 99 year lease of the
property to Islander Village, LLC for the purpose of constructing 89 affordable/employee housing
units.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: NA
COST TO COUNTY:
BUDGETED: Yes No
NA SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty YES OMB/Purchasing N/A Risk Management N/A
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 8/06
AGENDA ITEM #
Prepared by and Return to:
Spottswood, Spottswood & Spottswood
500 Fleming Street
Key West, Florida 33040
GRANT OF EASEMENT
THIS GRANT OF EASEMENT is entered into this day of , 2008
(herein "Agreement"), by and between MONROE COUNTY, a political subdivision of
the State of Florida, its successors and assigns, whose address is 1100 Simonton Street,
Key West, Florida 33040 (herein "Monroe County"), and ISLANDER VILLAGE,
LLC, a Florida limited liability company, its successors and assigns, whose address is
201 Front Street, Suite 224, Key West, Florida 33040 (herein "Islander Village"),
collectively referred to herein as "Grantor", and, COMCAST OF
CALIFORNIA/COLORADO/FLORIDA/OREGON, INC. (herein "Comcast") referred
to herein as "Grantee."
RECITALS
WHEREAS Monroe County has purchased property from Drive -In, Ltd. and is now the
owner of said real property located in Monroe County, Florida, which property is
described on Exhibit "A" attached hereto and made a part hereof (herein "Affordable
Property"); and,
WHEREAS, Islander Village and Monroe County entered into a ninety-nine (99) year
ground lease (hereinafter "Lease") recorded at Official Records Book 2301 at Page 365,
pursuant to which Islander Village has leased the Affordable Property from Monroe
County for the development and subsequent sale of eighty-nine (89) affordable units to
individual unit owners (herein the "Project"); and,
WHEREAS, the parties are desirous of entering into this Agreement to provide Grantee
with a non-exclusive perpetual easement over, in, under and across the Affordable
Property for public utility purposes, together with a reasonable right of ingress and egress
over said property; and,
WHEREAS, Islander Village has requested utility service from Grantee for public utility
purposes of the Project; and,
WHEREAS, the parties have agreed, under the terms and conditions set forth herein, to
grant to Grantee the right to use the Affordable Property for the purposes set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations
contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
I. The above Recitals are true and correct and are hereby incorporated herein by
reference.
2. Each Party hereto warrants that this grant of easement, and all terms and
conditions contained herein, are supported by adequate consideration.
3. Islander Village and Monroe County hereby grant, convey, declare and create for
the benefit of Grantee, a perpetual, non-exclusive easement, in, upon, over and across the
Affordable Property for public utility purposes, together with the reasonable right of
ingress and egress over said property so as to afford Grantee reasonable use and
enjoyment of this easement for the purposes of providing utility service to the Project;
provided, however, any future installation will be subject to the approval of Islander
Village. Islander Village and Monroe County grant to Comcast the right to construct,
use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at
any time, and from time to time, a broadband communications system, (hereafter referred
to as the "System") consisting of wires, underground conduits, cables, pedestals, vaults,
and including but not limited to above ground enclosures, markers and concrete pads or
other appurtenant fixtures and equipment necessary or useful for distributing broadband
services and other like communications, in, on, over, under, across and along the
Affordable Property provided, however, any future installations shall be subject to
Islander Village's approval or that of its successors or assigns. Islander Village and
Monroe County agree that the System on the Affordable Property shall be and remain the
personal property of Comcast and may not be altered, obstructed, or removed with the
express written consent of Comcast. Additionally, Islander Village and Monroe County
grant to Comcast the right to cut and trim, from time to time, trees, brush, overhanging
branches and other natural obstructions on the property, which may injure or
unreasonably interfere with the full and complete use of the easement described herein,
provided the foregoing rights do not unreasonably interfere with the rights of the
residential unit owners in regard to their units.
4. Comcast shall indemnify, protect, defend and hold Grantor harmless from any and
all liability, loss, damage, cost or expense (including but not limited to attorneys' fees
and court costs at the trial level and during appellate proceedings) in which Grantor
should incur as a result of or in connection with Comcast's use of the Affordable
Property.
5. Grantee hereby acknowledges that Islander Village, its invitecs, and contractors
retain the right to use the Affordable Property. Monroe County hereby acknowledges
that the grant of the easement set forth herein which encumbers the Affordable Property
shall survive termination of the Lease with Islander Village. This easement shall run
with the Affordable Property forever and be binding upon and inure to the benefit of and
be enforceable by the parties hereto, their heirs, legal representatives, successors and
assigns, including but not limited to the homeowners' association of the owners of the
development located on the Affordable Property.
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b. This Agreement may not be tenninated or amended, modified, altered, or changed in
any respect whatsoever, except by a further agreement in writing duly executed by the
parties (or their successors or assigns) and recorded in Public Records of Monroe County,
Florida. No breach of the provisions of this Agreement shall entitle any party to cancel,
rescind or otherwise terminate this Agreement, but such limitation shall not affect, in any
manner, any other rights or remedies which any party may have by reason of any breach
of the provisions of this Agreement.
7. This Agreement may be executed in counterparts, each of which shall constitute an
original, but all taken together shall constitute one and the same Agreement.
8. Nothing contained in this Easement Agreement shall create or shall be deemed to
create any easements or use rights in the general public or constitute a public dedication
for any public use whatsoever.
9. In the event of any controversy, claim, or dispute relating to this instrument or the
breach of it, the prevailing party shall be entitled to recover reasonable expenses,
attorneys' fees, and costs.
10. If any provision of this Agreement, or the application thereof to any person or
circumstance shall to any extent be invalid or unenforceable, the remainder of this
Agreement, or the application of such provision to persons or circumstances other than
those as to which it is invalid or unenforceable, shall not be affected thereby, and each
provision of this Agreement shall be severable and valid and enforceable to the fullest
extent permitted by law.
I1. All notices, consents, approvals or other communications hereunder shall be in
writing and shall be deemed properly given if sent by United States certified mail, return
receipt requested, addressed to the appropriate party or successor -in -interest.
12. This Agreement shall be construed in accordance with the laws of the State of
Florida. All parties acknowledge and agree that in the event of any dispute arising under
this Agreement, the sole jurisdiction for such dispute shall be in Monroe County, Florida.
13. For the purposes of interpreting any ambiguity arising under this Agreement, no
party shall be considered the "drafter" of same.
14. Each party to this Agreement agrees to waive a jury trial on any dispute arising
under this Agreement and each party agrees to have any dispute heard by the court
without a jury.
15. The undersigned hereby represent and warrant that all action, approvals and
consents necessary for the execution of this Agreement have been taken or obtained, and
the persons executing this Agreement are authorized and directed to execute this
Agreement.
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Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MONROE
ISLANDER VILLAGE, LLC
By -
Printed Name:
Its:
On this day of , 2008. before me personally appeared
, as of Islander Village, LLC,
who is personally known to me, and who acknowledged execution of the foregoing
instrument.
(SEAL)
Attest:
Danny Kolhage
STATE OF FLORIDA
COUNTY OF MONROE
Notary Public
MONROE COUNTY, a political
subdivision of the State of Florida
By:
Printed Name:
Its: Mayor
MONROE COUNTY ATTORNEY
APPROVED As T FORM
Date:
On this day of , 2008, before me personally appeared
, as Mayor of Monroe County, a political subdivision of the
State of Florida, who is personally known to me, and who acknowledged execution of the
foregoing instrument.
(SEAL)
Notary Public
Print Naive
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Witnesses: COMCAST OF CALIFORNIA/
COLORADO/FLORIDA/OREGON,
INC.
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MONROE
By::
Printed Name:
Its:
On this day of 2008. before me personally appeared
as of Comcast of
California/Colorado/Florida/Oregon, Inc., who is personally known to me, and who
acknowledged execution of the foregoing instrument.
(SEAL)
Notary Public
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