Item P06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 20, 2006
Attorney
Division: County
Bulk Item: Yes No
Attorney
Department: County
Staff Contact Person: Suzanne Hutton
AGENDA ITEM WORDING: Approve Lease Renewal Agreement between Monroe County and
Seashime, LLC, with a legal description of that portion of State Road No.5 (U.S. Highway No.1)
lying southeasterly of and adjacent Lot 46 (submerged) "Conch Key", a subdivision as recorded
in Plat Book 2, Page 130, of Sections 14 and 15, Township 65 South, Range 34 East, of the Public
Records of Monroe County, Florida.
ITEM BACKGROUND: The Tenant has had a 3-year lease with the County and is opting to renew it
for another 3 years or until the property reverts back to FDOT, whichever comes first. This property is
part of a parcel transferred to the County for wastewater purposes and was not needed for same. DOT
has requested transfer of the property back to them, which County approved, but it is taking time for all
of the proper paper work required by DOT to be acquired.
PREVIOUS RELEVANT BOCC ACTION: Approval of former lease. Approval of transfer of
property to DOT, 3/15/06.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approve
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUEPRODUCIN;a: Yes~ x 0* AMOUNTPERMONTH_ Year
___~ tJ..-; Of. 'tJ1'
APPROVED ~un A y _ !Purchasing _ Risk Management _
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
LEASE RENEWAL AGREEMENT
TIDS LEASE RENEWAL AGREEMENT is made and entered into this day of
,2006, by and between MONROE COUNTY, a political subdivision of the State of Florida,
whose address is the Gato Building, 1100 Simonton Street, Key West, FL 33040, hereafter "COUNTyn, and
TENANT, a limited liability corporation incorporated in the State of Florida, whose address is 3 North Conch
Avenue, Conch Key, FL 33050, hereinafter "TENANT". The parties agree as follows:
WHEREAS, on January 19, 2005 , the COUNTY entered into a Lease Agreement with TENANT for a
parcel ofIand identified in Exhibit A attached hereto and made a part of this Lease Agreement~ and
WHEREAS, this land is adjacent to land already leased from the COUNTY by TENANT under an
AssignmentofLease~and
WHEREAS, both the Assignment of Lease and Lease Agreement between COUNTY and TENANT
expired June 30, 2006~ and
WHEREAS, both portions of land were transferred from the Florida Department of Transportation to
COUNTY for an intended public use; and
WHEREAS, COUNTY has been leasing the property for private use pending the necessary use of the
property by COUNTY~ and
WHEREAS, COUNTY determined the property is no longer needed for the proposed necessary use
intended~ and
WHEREAS, the Lessee is desirous of purchasing the properties being leased but, due to deed
restrictions placed on Monroe County when the property was transferred by FDOT, Monroe County is unable to
sell the property~ and
WHEREAS, in order for the lessee to purchase the property, Monroe County must transfer the property
back to FDOT for their consideration~ and
I
WHEREAS, on March 15, 2006, the COUNTY approved transfer of the right'of way on Conch Key
back to the State of Florida Department of Transportation for their consideration for sale to TENANT; and
WHEREAS, the COUNTY and TENANT continue to coordinate with the FDOT to prepare the
documents required by FDOT to facilitate transfer of the property back to FDOT; and
WHEREAS, TENANT desires to renew the Lease Agreement under the same terms and conditions until
the purchase can be completed; now therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as
follows:
1. The COUNTY and TENANT desire renewing the Lease Agreement under the same terms and
conditions until the property reverts back to FDOT.
2. The COUNTY hereby renews the Lease Agreement for an additional three-year term retroactive
to July 1, 2006 and ending on June 30,2009 or until the property reverts back to FDOT, whichever comes first.
IN WITNESS WHEREOF, the parties have set their hands and seal the day and year first above written.
(SEAL)
ATTEST: DANNYL. KOLHAGE, CLERK
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
MA YORlCHAIRPERSON
WITNESSES:
J;~~
SEASHlME, LLC
By ~t.~
~EDW . BUXTON
U NN . HUTTON
CO~~~?2EY
Date
2
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NOT VAllO KlTHOUT iHF. Sl6M
THE ORIGIN"" SEAL OF A FUll1lDA
llCENSEU SUIWt:'!OJl ~.Nli MAPPER.
F!Orlda Oepar~ment of Transportation. DIstrict VI
Financial Project No. N/A
Itel/Segment No. MIA
W. P. I. No.: N/A
State Project No.: M/A
Federal Project No.: N/A
State Road No.: 5, U.S.1, UN 63. BAVSIDE
County: Monroe
Parte I No.: 6004 Sheet 2 of 3
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BRIAN T. BELLINO UAll:.
LICENSED SURVEYOR AHU MAPPER
FLORIDA CERTIFICATlOH liD. 4913
P. O. BOX i58, ISlA)IORAUA, fLORIDA. 33036 PM:t 3051 393-Q4i3
EXH I BIT .. A II
.- ~ LEGAL OEseR I PT I ON
THAT PORTION OF STATE ROAD Ni).5 (U. S. HIGHJ:lAY NO.1) LYING SOUTHEASTEJI.V OF AND
ADJACENT LOT 46 (SUBMERGED) "CONCH KEY". A SUBDIVISION AS RECORDED IN PUT
BOOK 2. PAGE 130. (If SECTIONS 14 AM) 15. TmmstIlP 65 SOUiH, IMGE 34 EAST.
OF THE PUBliC RECORDS IIF MONflOE COl1HT'I. FLORIDA AND BEING MORE PARTiCULARlY
DfSCRIBm AS FOlLOHS:
COMMEHCE AT TIlE MOST SOUTHERLY CORNER OF LOT 32, OF SAID "CONCH KEY" SAIO
CORNER ALSO BEING THE RIGHT Of WAY UNE INTERSECTION OF THE NOIt1lftIESTERlY
RIGHT NAY LINE OF SAID STATE ROAD NIl. 5 AND THE NOR1lIEASTBl.Y RIGHT OF llAY
LINE OF NORTtl COHCH AVENUE: THENCEN66"~26.E. ALONG TfIE SAID NORTlfIfESTERlY
RIGHT OF tlAY LINE (If STATE ROAD NIl. 5 AND AtON$ TIfE NORTmIESTEJIlY LINE OF All
EXISITING LEASE. A DISTANCE OF 153. DO FEET. TO THE SOOTHEASTEIl.Y cootIER OF LOT
45. OF SAID "CONCH KEY"; THENCE 521"2:6' 34"E, ALONG THE SOOHTERlY EXTENSION
OF SAID LOT 45 AND THE NORTtlEASTERlY lire: Of AN ElCISTlNG lEASE. A DISTANCE Of
84. 20 FEET; TlENCE 568"33'26. tI. ALOllG THE SOUTHEASTERLY LINE OF AN EXISTING
LEASE. A DtSTAta: Df 66.32 FEET; THEHCE 567.16' 34.".. ALOOG 1llt SOUTHEASTEJU.V
OOENSIIlM OF TIE MORTHEASTEALY RIGHT Of WAY LINE Of NORTH CCHCH AVEtlIE. A
DISTANCE OF 15.50 FEET; llIENCE H6S"33'26"E, ALONG A LINE 105 FEET AND
PARAlLa Mini 1lE BASEliNE StJRVEY OF SAID STATE ROAD NO.5. A DISTANCE Df 122.8S
FEET. THENCE N37"3O'2!nl. TO THE INTERSECTION WITH THE MEAN HIGH NATER LINE
OF CONCH KEY HARBOR. A DISTANCE OF 42.00 FEET MORE OR LESS; THENCE
NORTHtlESTEAlY AlONG THE SAID MEAN HIGH IIATER LINE. A DISTANCE OF 78_ 3 FEET
MME OR LESS TO THE POINT OF BEGINNING:
CONTAINING 4,6B2 SQUARE FEET OR IUt ACRES MORE OR LESS.
SURVEYOR NOTES:
f.) BEARINGS StIOtiN HEIlEON ARE RELATIVE TO THE NOR1HtlESTEIlLY RIGHT OF MAY LINE
OF STATE ROAD 5, (U. s.0 tIHlCH BEARS N68"33"2S"e. AS REfEREtal) ON THE
STAlE OF FLORIDA DfPARTHENT OF mAHSPORTATlON RIGHT-OF IfAY HAP OF STATE
ROAD NO.5 (U. s. H.
2.) THIS SKETCH AIIO LEGAl DESCRIPTION DOES NOT CONSTlTUE A FIRO SURVEY AS SUCH.
LEGEND
FND - FOlHl
NEW = NAil & WASHER
PCB . POINT OF BEGINNING
POI: " pOlin OF COMMENCE
(D) '" DESCRIPTION DIMENSION
[C) . CALCUlATED DIMENSION
{P) ~ PlAT DIMENSION
NOT VAliD WITHIJUT "lIE SIGNATURE AND
1HE ORIGINAL SEAl OF ~ FLIlRIDA
t J CENSED S~VEvtm MID HftPilf:R.
.~-.: \.1;J:~~
., - z: 3--D",\
BRIAH T. BElLINO OATE'
LICENSED SURVEYOR AtlD MAPP~R
FLORIDA CERTIFICATION NO. 4973
P. O. BOX 16B, I SlAMOllAOA, FLOOIOA.33035 PH: (305)393-0413
MP .. METAL PIPE
SGM .. SCREW .: NAstIER
P.O.- PLAl BOOK
PG_ = PAGE
WUP . WOOD UTILITY POLE
~ .. ASPHALT
HHIiL- HEAN HIGH HllTER LINE
Florida Department of TranSpDrtation, District VI
Financial Project No. N/A
Item/Segment No. N/A
W. P. I. No.: N/A
State Project No.: N/A
Federal Project No.: N/A
State Road No.: 5. U.S. 1, MM 6B. BAYSIDE
County: Monroe
Parcel No.:S004
Sheet 1 of 3