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Resolution 683-1989 RESOLUTION NO. 683-1989 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHOR I ZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE MONROE COUNTY BOARD OF COUNTY ,COMMISSIONERS AND BIG PINE KEY ATHLETIC ASSOCIATION, INC. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute a lease agreement by and between the Monroe County Board of County Commissioners and Big Pine Key Athletic Association, Inc., regarding Parcel IJ, Pine Key Acres, and Parcel JJ, Pine Key Acres, Big Pine Key, Florida, a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16-t day Of~, A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By #c~ Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk 3: <:) a :z: :.1> ~E::: .." ~~~.~ ~ is c::: r- /l'j ~ .., '-) .~ - 0\ -0 W ~ o :rj '1 ,; ::) :u ...J _.lJWQM1OIOI* AND LEGAL SfJIFICI6NCY. ..,~J:t!J(~ffi ., .Y OHke BUSINESS LEASE THIS LEASE MADE AND EXECUTED BY AND BETWEEN THE BIG PINE KEY ATHLETIC ASSOCIATION, INC. a Florida Corporation, herein called "Association" and the COUNTY OF MONROE, STATE OF FLORIDA, a polit- ical subdivision of the State of Florida, herein called, "County". WIT N E SSE T H That the Association leases to County, as herein provided, the real property and improvements thereon located on the follow- ing described real property: Parcel IJ, PINE KEY ACRES, Big Pine Key, Florida as recorded in Official Records Book 509, at page 1047 of the Public Records of Monroe County, Florida, and Parcel JJ, PINE KEY ACRES, Big Pine Key, Florida, as recorded in Official Records Book, 509, at Page 1047, of the Public Records of Monroe County, Florida, SUBJECT, NEVERTHELESS, TO THE FOLLOWING: 1. Zoning ordinances of Monroe County, Florida. 2. All oil, gas and mineral rights. 3. Easement of ingress and egress and for utility purposes, all in accordance with the dotted lines as shown in Official Records Book at pages 1047, 1048 and 1049. The term of this Lease is Ten (10) years beginning May 25, 1989 and ending on May 24, 1999, said lease being under the fol- lowing terms and conditions: 1. The total rent due under this Lease is one dollar ($1.00) 2. The premises leased are to be used as a recreation- al/park area. 3. The County shall make no improper, unlawful or offensive use of the said premises. 4. The Association or its agent shall have the right to enter upon the leased premises at all reasonable times for the purpose of viewing and inspecting the conditions thereof. 5. During the term of the lease, the Association shall: a) take out $1,000,000.00 in Liability Insurance to save the County harmless against liability resulting from injuries to persons or property on or about the leased premises by reason of the County's occupancy or use thereof; b) name the County as a co-insured with the Association and provide the County with a complete copy of the policy for review prior to reimbursement of the Association; c) obtain such insurance up front, and the County shall reimburse the Association for the cost of the insurance. 6. The County shall not sublet this lease, nor encumber the leased premises in any manner whatsoever, without the prior writ- ten consent of the Association. 7. The use of the concession stand, located on the above described real property is to be granted solely at its own discre- tion. 8. The County shall maintain the facilities, playing fields, fences, and usable manner. premises, lights in structures, a safe and 9. The County shall utilities utilized on said and trash removal. be responsible for premises, including and pay for all water, electric 10. The County reserves the right, at its own discretion, to maintain or improve the subject property or improvements thereon and treat it as any other unincorporated park or beach that is maintained by the County of Monroe, State of Florida. 11. This lease supersedes and cancels all previous agree- ments between the Association and County herein. 12. The Association shall schedule all events except those deemed to be of a special or irregular nature, in which case procedures for using County property for special events, as incor- porated below, shall be followed: If a group or organization wishes to use County property for Special or one-time events, the following procedures will be followed: 1. All requests must be approved by the County Adminis- trator and/or the Monroe County Board of County Commissioners. Therefore, requests should be submit- ted as soon as practicable and at least 1 month prior to the scheduled date of the event, if re- questing any special considerations (waiver of fees, alcohol consumption or sales, fund raising, extended hours, etc.). 2. The request must be made on the "Request for Use of County Property" form. Requests will be submitted to: Office of the County Administrator Public Service Building, Wing 2 Key West, Florida 33040 3. All requests are subject to review by the County Administrator. 4. Deposits for clean-up, security, or related expenses may be required as necessitated by the type of event. 5. Waiver or imposition of fees for the event may be enacted~y the Board of County Commissioners. 6. Sponsor may be required to execute a hold-harmless agreement and/or furnish appropriate insurance naming the County as additional insured, limits of which will be contingent on the nature of the event. 7. Other actions or restrictions may be imposed by the Board of County Commissioners, based on local, State or Federal law, including, but not limited to Monroe County codes. 13. Upon the performance by the County of the covenants hereinbefore set forth, the Association shall permit the County to quietly hold and enjoy the demised premises without any inter- ruptions by the Association or by any person or persons claiming by, through or under it. 14. The County shall have the right, at the expiration of this lease, to remove any machinery, equipment or property placed upon the premises and return the leased premises to the Associa- tion in the same condition existing prior to its occupation of the premises under the lease. of A,::ED TO BY J~'Il'l~ , AND BETWEEN the parties on this , 1989. 1ST day Witness Big Pine Ath1eti~Association By: William L. Lemon, Pres. . Witness f Witness DAN1\ry L. KOLHAGE, ~lerk County of Monroe, State of Florida ~~1~L Wltness BY: lrman of the Board of C nty Commissioners of Monroe County ", . AM~VED AS "0 FCRM AN7tt::"C} NCr. BY ~_ .______ Atwmf'Y'8 Olfice