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No. 2246 approving a form of dev agreement with JF+A Properties,LTD/CII&P, County Mayo/SB LLC and related matters
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No. 2246 approving a form of dev agreement with JF+A Properties,LTD/CII&P, County Mayo/SB LLC and related matters
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10/18/2012 1:30:59 PM
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' s .1. <br />• <br />the consideration set forth in the Easement Amendment With License attached hereto as Exhibit <br />D and to provide for the Proposed Developer Improvements depicted at Exhibit C under the <br />terms and conditions of the Development Agreement attached hereto as Exhibit E; <br />WHEREAS, the owner of the property commonly referred to as Lot IA depicted at <br />Exhibit B and more particularly described at Exhibit F constructed a building closer than fifty <br />(50) feet of the pipeline against MPL's express requests and recommendations and without the <br />written consent required pursuant to Easement No. 1 (the "Lot IA Encroachment "); and <br />WHEREAS, the Pipeline Easements currently provide MPL, among other rights, rights <br />with respect to certain restrictions on the uses of the property within thirty (30) feet of the MPL's <br />pipeline as it lays at the time of the recording of this Agreement; and <br />WHEREAS, MPL desires an option to relocate a portion of its pipeline currently located <br />within the boundaries set forth in the Pipeline Easements as amended to ensure a minimum fifty <br />(50) foot setback from the building constructed on Lot lA in contravention of said setback <br />requirement and against MPL's express requests and recommendations, thereby resolving any <br />remaining dispute that may exist between the SBRA and MPL regarding the Lot IA <br />Encroachment; and <br />WHEREAS, MPL, among other things, desires to prohibit impediments to the safe and <br />efficient operation, maintenance, repair, and replacement of its pipeline, and to compliance with <br />•laws and regulations governing pipelines and their operation, including, but not limited to, <br />buildings, structures and other obstructions within fifty (50) feet of the pipeline to the extent it is <br />not already entitled to do so pursuant to the Pipeline Easements; and <br />WHEREAS, the SBRA considers the use of and revenues from the golf course on Lot 7 <br />(as defined at Exhibit A) of great importance to the Commission and the SBRA in part because <br />the SBRA represents that golf course is subject to financing obligations dependent upon the <br />continued use and receipt of revenues for such use. The SBRA states that the off - season of the <br />golf course is between November 1 and March 31; and <br />WHEREAS, MPL considers the Pipeline Easements to be a valuable and essential asset, <br />and both the safe and efficient operation of its pipelines and its full use and enjoyment of the <br />Pipeline Easements of great importance; and <br />WHEREAS, the SBRA and MPL desire to resolve any remaining disputes known to date <br />that exist between the parties regarding the Asphalt Drive and the Proposed Developer <br />Improvements on Lot 3A and the portion of Lot 7 as set forth at Exhibit C; <br />NOW THEREFORE: <br />1. EASEMENT AMENDMENT WITH LICENSE. In consideration of the <br />foregoing and following mutual promises and representations, the SBRA and MPL agree to <br />amend the Pipeline Easements as provided by the Easement Amendment With License for the <br />Asphalt Drive attached as Exhibit D. Said Easement Amendment With License shall be <br />executed contemporaneously with this Agreement. The SBRA shall record the Easement <br />Amendment With License before any transfer, sale, assignment or other divestment of any <br />interest in and /or title to any portion of the Site, but in any event, no later than two (2) business <br />Page 2 of 6 <br />
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