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Resolution 189-1987 ~.-- -' ': \ . \ Florida Keys Youth Club, Inc. RESOLUTION NO. 189-1987 A RESOLUTION AUTHORIZING THE MAYOR OF MONROE COUNTY, FLORIDA, TO EXECUTE A LEASE BY AND BETWEEN MONROE COUNTY, FLORIDA, AND FLORIDA KEYS YOUTH CLUB, INC. CONCERNING PREMISES KNOWN AS THE LOUIS CARBONELL TEEN CENTER. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: The Mayor of Monroe County, Florida is hereby authorized to execute a Lease by and between Monroe County, Florida, and Florida Keys Youth Club, Inc., a copy of same being attached hereto, concerning premises known as the Louis Carbonell Teen Center. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 5th day of May, A.D., 1987. (SEAL) Attest: DANNY L. KOLHAGE, Clerk /} ~Jc,~,j)~ APF'..:;,~~r;!J AS TO FOR/lJ10.' '1 A'f1'qn.' /L' ".G. A )..~u. F..F.I.C.'EtIf.CY } If ' v:~_v.:~~_ ' . IW ...t,.^M--, 'I , Aum'np'ls Office I LEASE THIS LEASE, made and entered into on the 5th day of May, 1987, by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter "lessor" and FLORIDA KEYS YOUTH CLUB, INC., a non-profit corporation organized under the laws of the State of Florida, having its principal office at 500 Fleming Street, City of Key West, County of Monroe, State of Florida, hereinafter "lessee." WIT N E SSE T H: WHEREAS, Lessor is the sole owner of the premises described; and WHEREAS, Lessor desires to lease said premises for use as a youth center in order to provide the County's young people with an enj oyab 1e alcohol and drug free environment, and, thereby, help to alleviate Monroe County's rising juvenile delinquency rate; and WHEREAS, Lessee is able to and desires to conduct such a youth center at the premises; and WHEREAS, Lessor finds that a lease to lessee for the use of the premises as a youth center is a proper public purpose. In consideration of the mutual covenants contained herein, the parties agree as follows: SECTION I - SUBJECT AND PURPOSE Lessor leases the building and land located in the City of Key West, County of Monroe, State of Florida, and more particularly described as follows: A parcel of land on the Island of Key West, Monroe County, Florida, described as follows: Commencing at the point of intersection of the curb line of South Roosevelt Boulevard with a line drawn at right angles to said curb line through the original monument marking the Southwest corner of the former Government Military Reservation known as East Upper Martello Tower, which said monument lies 2.0 feet Westerly of a later monument consisting of a one- fourth inch brass pin set in concrete, run South 830 42' 00" East along aforesaid curb line for a distance of 30.19 feet to a point; thence at a right angle to said curb line, run North 60 18' 00" East for a distance of 50.00 feet to the point of beginning of a parcel of land hereinafter described; thence continue North 60 18' 00" East for a distance of 200.0 feet to a point; thence at right angles, run North 830 42' 00" West for a distance of 300.0 feet to a point; thence at right angles run South 60 18' 00" West for a distance of 200.0 feet to a point; thence at right angles and parallel to and 50 feet distant from the curb line of South Roosevelt Boulevard, run South 830 42' 00" East for a distance of 300.0 feet back to the point of beginning. to lessee for the lessee's use as follows: a. To hold weekly dances on Friday nights for junior high school students (6th through 8th grade). Such dances shall commence within 4 months of the date and year' written above. b. To hold weekly dances on Saturday nights for high school students (9th through 12th grade). Such dances shall commence within 4 months of the date and year written above. c. To consult with and utilize all other non-profit community organizations who desire to provide activities and programs of interest to persons under the age of 18. d. To provide, within 18 months /years of the date and year first written above, a youth center open seven days a week with activities and dances provided for young people on a daily and weekly time frame and to provide entertainment for children when school is not in session. e. To provide within ~ months/years of the date and year first written above, activities for grade levels: 1. Elementary, three through five; 2. Junior high school, six through eight; and 3. High school, nine through twelve. f. To provide and promote programs for all the children and young people living in Monroe County wherever located. SECTION II - TERM AND RENT Lessor demises the above premises for a term of ten (10) years commencing on May 5th, 1987, and terminating on May 4th, payable on 1997, at the annual rent of One dollar ($1.00), May 5th All rental payments shall be made at the Office of the County Administrator located at the Public Service Building, Stock Island, Key West, Florida. 2 SECTION III a. No substantial portion of the building or demised premises shall be demolished or removed by lessee without the prior written consent of the lessor. However, the lessee may, at any time during the lease, subject to the conditions set forth he low, and at his own expense, make alterations, additions, or improvements in the demised premises or building. Alterations, additions or improvements shall be performed in a workmanlike manner and shall not weaken or impair the structural strength or lessen the value of the building on the premises or change the purposes for which the building, or any part thereof, may be used. b. Conditions with respect to alterations, additions and improvements are as follows: 1. The following alterations, additions or improvements only are allowed: a. The installation of a new kitchen and any other necessary food and beverage service equipment; b. The installation of ceiling fans: c. The installation of new windows throughout the building; d. The installation of air conditioning with either central air or wall or window located units; e. The installation of a bubble awning at the front of the building; f. The construction of basketball, volleyball and outdoor skating facilities; g. The construction of outdoor patios; h. The installation of new, or improvement of existing, indoor and outdoor lighting; and i. The provision of new interior furnishings. 2. Before commencement of any work, all plans and specifications shall be filed with, approved by, and a building permit issued by any governmental agency having jurisdiction over the construction. 3 3. All alterations, additions and improvements on or in the demised premises at the commencement of the term, and those that may be erected or installed during the term, shall become part of the demised premises and the sole property of the lessor, except that all moveable fixtures installed by the lessee shall be and remain the property of the lessee. SECTION IV - REPAIRS Lessee shall, at all times during the lease and at its own cost and expense, repair, replace, and maintain in good, safe and substantial condition, all buildings and any improvements, additions, and alterations thereto, on the demised premises, and shall use all reasonable precaution to prevent waste, damage, or injury to the demised premises. SECTION V - UTILITIES All applications and connections for necessary utility services on the demised premises shall be made in the name of lessee only, and lessee shall be solely liable for utility charges as they become due, including those for sewer, water, gas, electricity, telephone services, and cable television. SECTION VI - INSURANCE During the term of the lease and for any further time that lessee shall hold the demised premises, the lessee shall obtain and maintain at its expense general liability insurance in the amount of $500,000, in a form satisfactory to the County Administrator, and shall name the lessor as an additional co-insured. SECTION VII - RESTRICTIONS ON ASSIGNMENT OR SUBLETTING Lessee shall not assign this lease or any interest herein, or sublet the demised premises or any part thereof or any right appurtenant thereto, without first obtaining the lessor's prior written consent thereto. Lessor's consent to one assignment or sublease shall not constitute an acceptance to any subsequent assignment or sublease. Any unauthorized assignment or sublease shall be void, and shall terminate this lease at the lessor's option. Nothing contained in this section, however, shall be construed to prevent the occasional use of the demised premises 4 for rental by groups or organizations, other than the lessee, for charitable, social, or civic purposes. SECTION VIII - DEFAULT OR BREACH Each of the following events shall constitute a default or breach of this lease by lessee: a. If lessee shall fail to perform or comply with any of the conditions of this lease and if the non-performance shall continue for a period of 30 days after written notice thereof by lessor to lessee, or if the performance cannot reasonally be had within said time period, lessee shall not have commenced performance in good faith within that same time period and shall not have diligently proceeded toward completion of performance. b. If the lessee shall vacate or abandon the demised premises. c. If this lease shall be transferred to or shall pass to or devolve on any other person or party, except in the manner provided for herein. SECTION IX - EXISTING EASEMENTS, AGREEMENTS, ENCUMBRANCES AND LEASES The parties shall be bound by all existing easements, agreements and encumbrances of record plus a nonrecorded existing sublease entered into by a prior lessee and the State of Florida, dated February 18th, 1969, for that portion of the demised premises subleased to and occupied by the Florida Highway Patrol Station. Lessor shall not be liable to lessee for any damages resulting from any action taken by a holder of an interest pursuant to the rights of that holder thereunder. SECTION X - SURRENDER OF POSSESSION Lessee shall, on the last day of the term, or earlier on termination or forfeiture of the lease, peaceably and quietly surrender and deliver the demised premises to lessor, including the building, any alterations, additions and improvements constructed or placed thereon by lessee, except moveable fixtures installed by the lessee, all in good condition and repair. Any moveable fixtures installed by lessee, or personal property, whether or not used in connection with the operation of the 5 demised premises, but belonging to lessee, if not removed at the termination or default, and if the lessor shall so elect, shall be deemed abandoned and become the property of the lessor without any payment or offset therefor. Lessor may also remove such fixtures or property from the demised premises and store them at the risk and expense of the lessee if the lessor shall so elect. Lessee shall repair and restore all damage to the demised premises caused by the removal of fixtures and personal property. IN WITNESS WHEREOF, the parties have executed this lease in Key West, Monroe County, Florida, the date and year first written above. MONROE COUNTY, FLORIDA BY: Mayor/Chairman of the Board of County Commissioners of Monroe County, Florida (SEAL) Attest: Clerk FLORIDA KEYS YOUTH CLUB, INC. BY: President (CORPORATE SEAL) Attest: Secretary 'b,~~1 r no"",, ,., ,...., C 6