Item S07
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
April 21, 2004
Division
County Attorney
AGENDA ITEM WORDING
Amended Lease with Big Coppitt Volunteer Fire Department, Inc. extending the lease term
to April 20, 2024 and providing that Lots 3, 4, and 5 be used for a community park and
playground.
ITEM BACKGROUND
PREVIOUS RELEVANT BOCC ACTION
CONTRACT/AGREEMENT CHANGES
STAFF RECOMMENDATIONS
Approval.
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY: County Attorney _
OMB/Purchasing 0
Risk Management 0
DIVISION DIRECTORAPPROVAL~~ oi\.ll.;
] HN R. COLUNS
DOCUMENTATION:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
[;7
AMENDED LEASE
Big Coppitt Volunteer Fire Department, Inc.
THIS AMENDED LEASE is made and executed on this
day of
200_, by and between the Big Coppitt Volunteer Fire Department, Inc., a non-profit corporation
organized under the laws of the State of Florida, hereafter Lessor, having its principal office at 28
Emerald Drive, Big Coppitt Key, Florida, and Monroe County, a political subdivision of the State of
Florida, hereafter Lessee, having its principal office at 1100 Simonton Street, Key West, Florida.
WHEREAS, a twenty year lease was entered between the parties on June 17, 1994; and
WHEREAS, Lessee has identified funds to be used for capital improvements for a
community park which require a term longer than the remaining years of the lease; and
WHEREAS, both parties desire the property to be used for community park and playground
purposes; now, therefore
The Parties hereto agree as follows:
1. Lessor leases to Lessee the following described real property:
Lot 3, Block 4, amended plat of Coppitt Subdivision as recorded in Plat Book 4 at
Page 50 of the Public Records of Monroe County, Florida, a resubdivision of Plat
Book 3, at Page 116 located in Government Lot 5, Section 22, Township 67 South,
Range 26 East, Big Coppitt Key, Monroe County, Florida.
And
Lot 4, Block 4, amended plat of Coppitt Subdivision as recorded in Plat Book 4 at
Page 50 of the Public Records of Monroe County, Florida, a resubdivision of Plat
Book 3, at Page 116 located in Government Lot 5, Section 22, Township 67 South,
Range 26 East, Big Coppitt Key, Monroe County, Florida.
And
Lot 5, Block 4, amended plat of Coppitt Subdivision (a re-subdivision of P.B. 3,
Page 116), located in Government Lot 5, Section 22, Township 67 South, Range 26
East, Big Coppitt Key, Monroe County, Florida, as recorded in Plat Book 4 at Page
50 of the Public Records of Monroe County, Florida.
hereafter the Premises, to have and to hold for a term of 20 years commencing on the
date first written above. Lessee may only use Lots 3, 4, and 5 for a community park and
playground, with amenities as identified in the Big Coppitt Key Site Plan, attached hereto
as Exhibit A, all open to the public during such reasonable hours as the Lessee may
establish. At the expiration of this amended lease, the parties have a mutual option to
extend this amended lease another 20 years, under the same terms and conditions of this
lease, upon agreement of both parties.
2. Lessee shall maintain the property and amenities in a clean and safe
condition at all times.
3. Lessee shall pay an annual rental of One Dollar ($1.00) for the premises, due on
the anniversary date of this lease, or if a weekend or holiday on the first business day thereafter,
for the demise of the premises during the previous year.
4. Lessor covenants that Lessor is seized of the real property in fee simple, except for
a reversionary interest retained by Rimersburg Coal Company, and has full right to make this
lease and that Lessee shall lave quiet and peaceable possession of the premises during the term
of this lease.
5. All water, gas, electricity, telephone, solid waste collection services, and other
public utility services used or furnished to the premises during the term of this lease shall be paid
for by Lessee.
6. During the term of this lease, Lessee shall comply with all applicable laws affecting
the premises. Adequate parking shall be provided on-site or Lessee may make arrangements for
parking nearby so as to keep park users from parking along the street. Lessee shall not commit
waste on the premises except as necessary for the construction, of any improvements permitted
under this lease. Lessee is specifically authorized to demolish any existing improvements on the
premises solely for the purpose of establishing a community park. Lessee shall keep Lots 3, 4
and 5 open to the public for the purposes described in paragraph 1 of this lease. If the Lessee
fails to keep Lots 3, 4 and 5 open to the public for the purposes described in paragraph 1 during
the term of this lease then this lease will terminate and the Lessor may reenter and take
possession of Lots 3, 4 and 5 unencumbered by the obligations of this lease. Lessor's right to
reenter and take possession of Lots 3, 4 and 5 is Lessor's sole remedy in the event of the
Lessee's breach of its obligation to use Lots 3, 4, and 5 for the purposes described in paragraph
1.
2
7. All improvements to the premises shall be done at the Lessee's own expense. Upon
the expiration or termination of this lease for whatever cause, Lessee shall have a right to remove
such improvements from the premises, provided that in doing so it leaves the premises in as
good repair as on the date first written above and the premises are not so damaged as to be unfit
for use or occupancy by reason of the removal.
8. Lessee shall indemnify and hold harmless the Lessor and its officers from any
liability arising out of the Lessee's use of the premises, subject to FS 768.28. At the time of the
execution of this lease Lessee is self-insured and shall provide Lessor with proof of same. If
during the term of the lease Lessee ceases to be self-insured, Lessee shall purchase liability
insurance covering Lessee's operations on the premises in an amount up to Lessee's waiver of
sovereign immunity and naming the Lessor and its officers as additional named insureds.
9. If Lessee fails within thirty days of notice from Lessor to cure any breach, then
Lessor may terminate this lease immediately and Lessor may reenter and take possession of Lots
3, 4, and 5.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
Date
(SEAL)
Attest:
BIG COPPITT VOLUNTEER
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f"iUN80E COUNTY ATTORNEY
APPROVED AS T E M:
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MONAOE COUNTY PUBUC WOAK.a.. ...
Engineering Department
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1100 ~ dOl. EtIreet ftoorn 21e }
K-v w_ F'Iorlda 33040
305-292-4426
EXHIBIT A