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Request for Easement Estoppel Certificate From Patrick G. Bryant, Esq. on Behalf of Grande Senior Living, LLC, in Connection With Reciprocal Easement Agreement for Property Located at 725 Desoto Avenue in Brooksville
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BRIEF OVERVIEW
In June of 2007, the County entered into a Reciprocal Easement Agreement (“the Easement”) with 55 Ponce de Leon, LLC, wherein both parties granted each other a reciprocal, non-exclusive easement for purposes of providing utility, pedestrian and vehicle access, ingress, and egress to and from their respective adjacent properties. The Easement runs with the land.
Grande Senior Living, LLC (“the new owner”) has purchased the parcel covered under the Easement that was formerly owned by 55 Ponce de Leon, LLC. (Key No.: 1692387) The new owner, through its attorney, has asked the County for an Easement Estoppel Certificate directed to Regions Bank and its successors and assigns, verifying that the new owner is not in default under the Easement, that there is no event that has occurred that could result in a default or breach, and that no amount is owed by the new owner to the County. In accordance with section 8.11 of the Easement, the new owner may require such an estoppel certificate from the County. The requested Easement Estoppel Certificate is attached for the Board of County Commissioners’ consideration and signature. The County Attorney’s Office made inquiry to ensure that the statements made in the Easement Estoppel Certificate are accurate.
STRATEGIC PLAN INITIATIVES
Not applicable.
FINANCIAL IMPACT
Not applicable.
LEGAL NOTE
The Board is authorized to act on this agenda item pursuant to Ch. 125, Fla. Stat., and under the Easement.
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RECOMMENDATION
It is recommended that the Board authorize the Chairman to execute the Easement Estoppel Certificate.