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HomeMy WebLinkAboutMisc Letters IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, CIVIL ACTION NO.: vs. PARCELS 1501701 MARK ANTHONY MESITO a/k/a MARK A. MESITO a/k/a MARK MESITO, et al., Defendants. ORDER OF TAKING THIS CAUSE coming on to be heard by the Court, and it appearing that proper notice was first given to all the Defendants and to all persons having or claiming any equity, lien, title, or other interest in or to the real property described in the Petition that the Petitioner would apply to this Court on the 5th day of March, 2015, for an Order of Taking, and the Court being fully advised in the premises, upon consideration, it is, therefore, ADJUDGED: 1. That the Court has jurisdiction of the subject matter and the parties to this cause; 2. That the pleadings in this cause are sufficient, and the Petitioner is properly exercising its delegated authority; 1 3. That each Estimate of Value filed in this cause by the Petitioner was made in good faith and based upon a valid appraisal; 4. That upon the payment of the deposit hereinafter specified into the Registry of this Court, all right, title or interest specified in the Petition as described herein shall vest in the Petitioner; 2 Item/Segment No.2314402 Fee Simple Right of Way (Section: 94530-2510) (03-26-13) Parcel No. 150 County Road 712 St. Lucie County Description A portion of Section 3, Township 36 South, Range 40 East, St. Lucie County, Florida, being more particularly described as follows: Commence at a found pk nail with disk stamped "R.W. HERR PLS 4907" marking the west one-quarter (W. 1/4) comer of said Section 3; thence North 00°11'02" West, 48.16 feet along the west line of the northwest one-quarter(N.W. 1/4)of said Section 3 to the Baseline of Survey of County Road 712 (Midway Road) as shown on the Florida Department of Transportation Right of Way Map for Item/Segment No. 2314402, Section 94530-2510;thence South 89042'45" East, 2,312.97 feet along said Baseline of Survey, thence South 00917'15" West, 49.00 feet along a line at a right angle to the last described course to the south existing right of way line of said County Road 712 (Midway Road) and the POINT OF BEGINNING; thence South 89°42'45" East, 50.00 feet along said south existing right of way line; thence South 00020'17" East, 28.28 feet; thence North 88°12'45" West, 50.03 feet; thence North 00020'17" West, 26.97 feet to the POINTOF BEGINNING. Containing 1,381 square feet, more or less. 3 COUNTY ROAD 712 (MIDWAY ROAD) ST. LUCIE COUNTY, FLORIDA ^k , PARCEL 150—SEETCH OF SURREYED PARCEL CR 712 (MIDWAY ROAD) �\jJ AREA OF PARENT TRACT a 4,124 S.F. �+� E BASELINE OF SURVEY 403+00 S894245 AREA OF TAIUNC a 1,381 S.F. ' ' • AREA OF ARAUINDER a 2,743 S.F. 0 15 30 AREA OF EASEMENT 701 - 545 S.F. SCALE: 1" = 30' FOP BOC CAD • D •4 2-451 EXISTING R/W EXISTING R/W N ,OF PROPOSED R/W SB8'12'45•E 50.03'c PROPOSED R/W ® S a _50.00• BUILDING m pi a' N m CONCRETE P. C REVA 4/1/2014 REVISED TCE 701 S8927'45"W 50.00' LPO NOTES: LEGEND "" THIS IS A SKETCH ONLY, THIS IS NOT xl 0 A BOUNDARY SURVEY 2 W PP POWER POLE GN zI THE PURPOSE OF THIS SKETCH IS TO R/W RIGHT OF WAY AID INNSUBJECTHE�APPRAISAL OF THE BGC BACK OF CURB sol TYP TYPICAL EDP EDGE OF PAVEMENT ALL BOUNDARY INFORMATION AND LP LAMP POLE CALCULATIONS ARE BASED ON BFP BACK FLOW PREVENTER FLORIDA DEPARTMENTOF TRANSPORTATION RIGHT OF WAY CPP CONCRETE POWER POLE MAPS, SECTION 94530-2510. COUNTY UNE NOT TO SCALE • HANDI-CAP PARKING ROAD N0. 712 FWAM 8Y FROM OlillT CORNERSTONE C.R. 712 - ST. LUCIE COUNTY - PARCEL 150 KELLY COLLINS & GENTRY aFF�cE Aoo»s � � Nam ir4=. E eso eae-law �un SKETCH OF SURVEY im I N0` 29V KRY FOREST PM.S-01 UM A M� A3 �c°ear< es° au-r�5 PARENT TRACT AND AREA OF TAKING 2013014 j9w2 of 3 • TALMAS=FLARtOA 32309 FAX 850 894-SOld Item/Segment No. 2314402 Fee Simple Right of Way (Section No. 94530-2510) Parcel(s) 150/701 County Road 712 (Midway Road) St. Lucie County OWNED BY: MARK ANTHONY MESITO a/k/a MARK A. MESITO a/k/a MARK MESITO and RAYO MESITO ENCUMBERED BY: UNRECORDED LEASE in favor of MARK ANTHONY MESITO a/k/a MARK A. MESITO a/k/a MARK MESITO d/b/a GUYS AUTO CENTER �.s 5. That the deposit of money will secure the persons lawfully entitled to the compensation which will be ultimately determined by final judgment of this Court; 6. That the sum of money to be deposited in the Registry of the Court within twenty (20) days of the entry of this Order, shall be in the amount of: Parcel 150 $188,600.00 Q Parcel 701 $' &Oa tA� CM TOTAL $x&8 9:90 /at, (p 4 7. That on deposit as set forth above and without further notice or Order of this Court, the Petitioner shall be entitled to possession of the property described in the Petition. 8. Defendants MARK ANTHONY MESITO a/k/a MARK A. MESITO, MARK MESITO d/b/a GUYS AUTO CENTER, shall be entitled to remain in possession of the parcels up to and including ae-e, , 2015, subject to the conditions set forth in this Order. Petitioner State of Florida De��/p��artt�ment of Transportation shall be entitled to possession of the parcels on and after &* 3&1� , 2015. 9. Defendant MARK MESITO d/b/a GUYS AUTO CENTER must sign the Department's lease form, a copy of which is attached as Exhibit "A". 10. During the period of possession, Defendant shall permit Petitioner to enter upon the property to perform environmental testing of any buildings or land so needed for Petitioner's construction activities and has acknowledged and is deemed to have given consent to the Petitioner for advertising the building for demolition and for asbestos abatement. The Petitioner will not be responsible for property maintenance or utilities during the period of possession. 11. Defendant will give proof to the Petitioner, within 5 days of this Order, of public liability insurance in the amount of $1,000,000 and property damage insurance of$100,000, plus adequate contents and personal property insurance. The Petitioner shall be named as an additional insured. Defendant shall request the carrier to endeavor to give Petitioner 30 days' notice in the event of the cancellation of such policy. If Defendant fails to provide the foregoing, Petitioner has the right to request an ex parte Writ of Assistance immediately. 12. Any personal property remaining on the property after 8Ze., 2015, shall be deemed abandoned to the Petitioner and may be disposed of as the Petitioner sees fit. Defendant will have no further claim or interest in said property. 13. Defendant consents to entry of a Writ of Assistance and Possession effective on or after , 2015, which entry may be made without further notice to Defendant and Defendant will not contest same. 14. Regarding attorney fees, no non-monetary benefit will be claimed by Defendant or his attorney for this extension of possession, or the terms thereof. 15. Defendant shall remove any hazardous and/or environmentally sensitive materials by '2015. 16. .Petitioner upon presentation of a copy of this Order may apply ex parte and without further notice for an Order for a Writ of Assistance in the form attached as exhibit "B". 17. Upon being entitled to possession, the State of Florida Department of Transportation shall be and is hereby authorized to demolish all of the improvements upon the subject property, including those portions within the parcels acquired and those portions on the remaining'lands. ( � 1 11"C DONE AND ORDERED this day ofSIGNED AND DATEp , 2015, in the State of Florida, County of St. Lucie. MAR 0 5 zw JANET C, CROOM CIRCUIT-JUDGE CIRCUIT COURT JUDGE EXHIBIT "A" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575-0" LEASE AGREEMENT RIGHT OF WAY OGC-080 ITEM/SEGMENT NO.: 231440-2 MANAGING DISTRICT: Four F.A.P.NO.: 8887 824 A STATE ROAD NO.: CR 712 COUNTY.: St.Lucie PARCEL NO.: 150 THIS AGREEMENT,made this day of ,by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,(hereinafter called the Lessor),and Mark Anthony Mesilo d/b/a Guy's Auto Center,503 West Midway Road,Fort Pierce,FL 34982 (hereinafter called the Lessee.) WITNESSETH: In consideration of the mutual covenants contained herein,the parties agree as follows: 1.Property and Term. Lessor does hereby lease unto Lessee the property described in Exhibit"A attached and made a part hereof,for a term of beginning and ending . This Lease may be renewed for an additional N/A term at Lessee's option,subject to the rent adjustment as provided in Paragraph 3 below. Lessee shall provide Lessor NIA days advanced written notice of its exercise of the renewal option. If Lessee holds over and remains in possession of the property after the expiration of the term specified in this Lease, or any renewals of such term. Lessee's tenancy shall be considered a tenancy at sufferance, subject to the same terms and conditions as herein contained in this Lease. This Lease is subject to all utilities in place and to the maintenance thereof as well as any other covenants,easements, or restrictions of record. This Lease shall be construed as a lease of only the interest,if any,of Lessor,and no warranty of title shall be deemed to be given herewith. 2. 1< fie, The leased property shall be used solely for the purpose of auto repair If the property is used for any other purpose,Lessor shall have the option of immediately terminating this Lease. Lessee shall not permit any use of the property in any manner that would obstruct or interfere with any transportation facilities. Lessee will further use and occupy the leased property In a careful and proper manner,and not commit any waste thereon. Lessee will not cause,or allow to be caused,any nuisance or objectionable activity of any nature on the property. Lessee will not use br occupy said property for any unlawful purpose and will,at Lessee's sole cost and expense,conform to and obey any present or future ordinances and/or rules,regulations,requirements,and orders of governmental authorities or agencies respecting the use and occupation of the leased property. Any activities in any way involving hazardous materials or substances of any kind whatsoever,either as those terms may be defined under any state or federal laws or regulations,or as those terms are understood in common usage,are specifically prohibited. The use of petroleum products,pollutants,and other hazardous materials on the leased property is prohibited. Lessee shall be held responsible for the performance of and payment for any environmental remediation that may be necessary,as determined by the Lessor,within the leased property. If any contamination either spread to or was released onto adjoining property as a result of Lessee's use of the leased property,the Lessee shall be held similarly responsible. The Lessee shall indemnify,defend,and hold harmless the Lessor from any claim,loss,damage,costs,charge,or expense arising out of any such contamination. 3. Reit Lessee shall pay to Lessor as rent,on or before the first day of each rent payment period,the sum of $0.00 _ plus applicable tax,for each of the term. If this Lease is terminated prior to the end of any rent payment period,the unearned portion of any rent payment,less any other amounts that may be owed to Lessor,shall be refunded to Lessee. Lessee shall pay any and all state,county,city,and local taxes that may be due during the term hereof,including any real property taxes. Rent payments shall be made payable to the Florida Department of Transportation and shall be sent to NIA . Lessor reserves the right to review and adjust the rental fee biannually and at renewal to reflect market conditions. Any installment of rent not received within ten(10)days after the date due 57506033 RIGHT OF WAY OGc-08= shall bear interest at the highest rate allowed by law from the due date thereof,per Section 55.03(1), Florida Statutes. This provision shall not obligate Lessor to accept late rent payments or provide Lessee a grace period. 4. Improvements. No structures or improvements of any kind shall be placed upon the property without the prior written approval of the District Secretary for District Four of Lessor. Any such structures or improvements shall be constructed in a good and workmanlike manner at est_sees sole cost and expense. Subject to any landlord lien, any structures or improvements constructed by Lessee shall be removed by Lessee, at Lessee's sole cost and expense, by midnight on the day of termination of this Lease and the leased property restored as nearly as practical to its condition at the time this Lease is executed. Portable or temporary advertising signs are prohibited. Lessee shall perform, at the sole expense of Lessee, all work required in the preparation of the leased property for occupancy by Lessee,in the absence of any special provision herein contained to the contrary;and Lessee does hereby accept the leased property as now being in fit and tenantable condition for all purposes of Lessee. Lessor reserves the right to inspect the property and to require whatever adjustment to structures or improvements as Lessor,in its sole discretion,deems necessary. Any adjustments shall be done at Lessee's sole cost and expense. 5. Maintenance. Lessee shall keep and maintain the leased property and any building or other structure,now or hereafter erected thereon,in good and safe condition and repair at Lessee's own expense during the existence of this Lease,and shall keep the same free and dear of any and all grass, weeds, brush, and debris of any kind, so as to prevent the same from becoming dangerous, inflammable, or objectionable. Lessor shall have no duty to inspect or maintain any of the leased property or buildings, and other structures thereon,during the term of this Lease; however, Lessor shall have the right, upon twenty-four(24) hours notice to Lessee, to enter the leased property for purposes of inspection, including conducting an environmental assessment. Such assessment may include: surveying; sampling of building materials, soil, and groundwater; monitoring well installations; soil excavation; groundwater remediation; emergency asbestos abatement; operation and maintenance inspections; and, any other actions which may be reasonable and necessary. Lessor's right of entry shall not obligate inspection of the property by Lessor, nor shall it relieve the Lessee of its duty to maintain the leased property. In the event of emergency due to a release or suspected release of hazardous waste on the property.Lessor shall have the right of immediate inspection,and the right,but not the obligation,to engage in remedial action,without notice,the sole cost and expense of which shall be the responsibility of the Lessee. 6. Indemnification. Lessee shall indemnify, defend,save,and hold harmless Lessor, its agent,officers, and employees,from any losses, fines, penalties, costs, damages, claims, demands, suits, and liabilities of any nature, including attorney's fees, (including regulatory and appellate fees),arising out of or because of any acts,action, neglect, or omission by Lessee, or due to any accident, happening, or occurance on the leased property or arising in any manner from the exercise or attempted exercise of Lessee's rights hereunder whether the same regards person or property of any nature whatsoever, regardless of the apportionment of negligence, unless due to the sole negligence of Lessor. Lessee's obligation to indemnify, defend and pay for the defenses or at Lessor's option, to participate, and to associate with the Lessor in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the Lessor's notice of claim for indemnification to Lessee. Lessee's inability to evaluate liability or its evaluation of liability shall not excuse Lessee's duty to defend and indemnify within seven days after such notice by the Lessor is given by registered mail. Only an adjudication or judgement after the highest appeal is exhausted specifically finding the Lessor solely negligent shall excuse performance of this provision by Lessee. Lessee shall pay all costs and fees related to this obligation and its enforcement by Lessor. Lessor's failure to notify Lessee of claim shall not release Lessee of the above duty to defend. 7. Insurance. Lessee at its expense,shall maintain at all times during the term of this Lease,public liability insurance protecting Lessor and Lessee against any and all claims for injury and damage to persons and property,and for the loss of life or property occurring in,on,or about the property arising out of the act,negligence,omission,nonfeasance,or malfeasance of Lessee,Us employees,agents,contractors,customers,licensees,and invitees. Such insurance shall be carried in a minimum amount of not less than one million dollars ($1,000,000.00 )for bodily injury or death to any one person or any number of persons in any one occurrence and not less than one hundred thousand dollars ($ 100,000.00 ) for property damage,or a combined coverage of not less than one million dollars ($ 1,000,000.00 ). All such policies shall be issued by companies licensed to do business in the State of Florida and all such policies shall contain a provision whereby the same cannot be canceled or modified unless Lessor is given at least sixty(60)days prior written notice of such cancellation or modification. Lessee shall provide Lessor certificates showing such insurance to be in place and showing Lessor as additional insured under the policies. If self-insured or under a risk management program, Lessee represents that such minimum coverage for liability will be provided for the leased property. 575-060-M RIGHT OF WAY OGc-0am Lessor may require the amount of any public liability insurance to be maintained by Lessee be increased so that the amount thereof adequately protects Lessor's interest. Lessee further agrees that it shall during the full term of this Lease and at its own expense keep the leased property and any improvements thereon fully insured against loss or damage by fire and other casualty. Lessee also agrees that it shall during the full term of this Lease and at its own expense keep the contents and personal property located on the leased property fully insured against loss or damage by fire or other casualty and does hereby release and waive on behalf of itself and its insurer,by subrogation or otherwise, all claims against Lessor arising out of any fire or other casualty whether or not such fire or other casualty shall have resulted in whole or in part from the negligence of the Lessor. S. Eminent Domain. Lessee acknowledges and agrees that its relationship with Lessor under this Lease is one of landlord and tenant and no other relationship either expressed or implied shall be deemed to apply to the parties under this Lease. Termination of this Lease for any cause shall not be deemed a taking under any eminent domain or other law so as to entitle Lessee to compensation for any interest suffered or lost as a result of termination of this Lease, including any residual interest in the Lease,or any other facts or circumstances arising out of or in connection with this Lease. Lessee hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation,or damages of any sort,including special damages,severance damages, removal costs,or loss of business profits,resulting from Lessee's loss of occupancy of the leased property,or any such rights,claims,or damages flowing from adjacent properties owned or leased by Lessee as a result of Lessee's loss of occupancy of the leased property. Lessee also hereby waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort as set out above, as a result of Lessee's loss of occupancy of the leased property, when any or all adjacent properties owned or leased by Lessee are taken by eminent domain proceedings or sold under the threat thereof. This waiver and relinquishment applies whether this Lease is still in existence on the date of taking or sale;or has been terminated prior thereto. 9. Miscellaneous. a. This Lease may be terminated by Lessor immediately,without prior notice,upon default by Lessee hereunder, and may be terminated by either party,without cause upon NIA (N/A )days prior written notice to the other party. b. In addition to,or in lieu of,the terms and conditions contained herein,the provisions of any Addendum of even date herewith which is identified to be a part hereof is hereby incorporated herein and made a part hereof by this reference. In the event of any conflict between the terms and conditions hereof and the provisions of the Addendum(s),the provisions of the Addendum(s)shall control,unless the provisions thereof are prohibited by law. c. Lessee acknowledges that it has reviewed this Lease,is familiar with its terms,and has had adequate opportunity to review this Lease with legal counsel of Lessee's choosing. Lessee has entered into this Lease freely and voluntarily. This Lease contains the complete understanding of the parties with respect to the subject matter hereof. All prior understandings and agreements, oral or written, heretofore made between the parties and/or between Lessee and the previous owner of the leased property and landlord of Lessee are merged in this Lease, which alone, fully and completely expresses the agreement between Lessee and Lessor with respect to the subject matter hereof. No modification, waiver, or amendment of this Lease or any of its conditions or provisions shall be binding upon Lessor or Lessee unless in writing and signed by both parties. d. Lessee shall not sublet the property or any part thereof,nor assign this Lease,without the prior consent in writing of the Lessor,this Lease is being executed by Lessor upon the credit and reputation of Lessee. Acceptance by Lessor of rental from a third party shall not be considered as an assignment or sublease,nor shall it be deemed as constituting consent of Lessor to such an assignment or sublease. e.Lessee shall be solely responsible for all bills for electricity,lighting,power,gas,water,telephone, and telegraph services,or any other utility or service used on the property. E This Lease shall be governed by the laws of the State of Florida,and any applicable laws of the United States of America. g. All notices to Lessor shall be sent to the address for rent payments and all notices to Lessee shall be sent to: 575-060.33 RIGHT OF WAY OGc-06!09 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Lessee(Company Name,if applicable) District Secretary By: Print Name Attest: Print Name Title: Name/Title: Attest: (SEAL) LEGAL REVIEW: Print Name District Counsel Title: Print Name 57646033 RIGHT OF WAY OGC-oem ADDENDUM This is an Addendum to that certain Lease Agreement between and the State of Florida Department of Transportation dated the day of , In addition to the provisions contained in said Agreement,the following terms and conditions shall a deemed to be a pa ereo pursuant to Paragraph 9(b)of said Agreement: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Lessee(Company Name,if applicable) District Secretary By: Print Name Print Name Attest: Title: Name/Title: Attest: (SEAL) LEGAL REVIEW. Print Name District Counsel Title: Print Name IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT , IN AND FOR ST. LUCIE COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, CIVIL ACTION NO.:2014CA002253(ED) VS. PARCELS 150/701 MARK ANTHONY MESITO a/k/a MARK A. MESITO a/k/a MARK MESITO, et al., Defendants. CERTIFICATE OF CLERK The undersigned Clerk of the above-entitled Court hereby certifies that the sum of money specified in the Order of Taking entered in this cause on the 5 _ day of 2015, in the total sum of$ 188,600.00 was paid into the Registry of this Court, by the FLORIDA DEPARTMENT OF TRANSPORTATION on this date. WITNESS MY HAND AND OFFICIAL SEAL on this Mem :23, Paw] date CLERK OF THE CIRCUIT COURT IN AND FOR ST. LUCIE COUNTY, FLORIDA BY• Deputy CI _rk( S ) 04.ttt tltC U F SCO 1 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT coply IN AND FOR ST. LUCIE COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, CIVIL ACTION NO.:2014CA002253(ED) VS. PARCELS 150/701 MARK ANTHONY MESITO a/k/a MARK A. MESITO a/k/a MARK MESITO, et al., Defendants. J CERTIFICATE OF CLERK The undersigned Clerk of the above-entitled Court hereby certifies that the sum of money specified in the Order of Taking entered in this cause on the day of P114rcl, 2015, in the total sum of$ 188,600.00 was paid into the Registry of this Court, by the FLORIDA DEPARTMENT OF TRANSPORTATION on this date. WITNESS MY HAND AND OFFICIAL SEAL on this Ma vmk 2,3 a.nr 5 date�� CLERK OF THE CIRCUIT COURT IN AND FOR ST. LUCIE COUNTY, FLORIDA Deputy Clerk( S E A L ) 1 V-curt. josepn t. amltn l� ofr�, Clerk of the Circuit Court /y l no St. Lucie County, Florida 201 South Indian River Drive _ �Wt Fort Pierce, Florida 34950 (772) 462-6900 S, Mailing Address: P.O. Drawer 700, Fort Pierce, FL 34954 AUL,CQ�}fi' Receipt of Transaction Sate: 03/23/2015 3:10 pm Receipt#2015000028901 Transaction#2785537 Created by: thomasj Cashiered by: thomasj CaseNumber 2014CA002253 Received From: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 3400 WEST COMMERCIAL BLVD. FORT LAUDERDALE„ 33309 On Behalf Of: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fee Description Fee Prior Paid Due Paid Balance Eminent Domain 170.00 0.00 0.00 0.00 0.00 COURT REGISTRY CLERK FEE CA 2836.50 0.00 0.00 0.00 0.00 COURT REGISTRY DEPOSIT CA 188600.00 0.00 188600.00 188600.00 0.00 Total 191606.50 0.00 188600.00 188600.00 0.00 Grand Total 191606.50 0.00 188600.00 188600.00 0.00 PAYMENTS Payment Type Reference Amount Refund Overage Change Net Amount CHECK/MONEY ORD4-22214836 OK 188600.00 0.00 0.00 0.00 188600.00 188600.00 0.00 0.00 0.00 188600.00 Page 1 of 1