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Resolution 348-1985 County Commission RESOLUTION NO. 348 -1985 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ- ING THE MAYOR AND CHAIRMAN OF THE BOARD TO EXECUTE A 99-YEAR LEASE AGREEMENT BY AND BETWEEN THE CITY OF KEY WEST, FLORIDA, AND COUNTY OF MONROE, PROVIDING FOR THE OPERATION OF AN ANIMAL CONTROL FACILITY. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor and Chairman of the Board is hereby authorized to execute a 99-Year Lease Agreement by and between the City of Key West, Florida, and County of Monroe, a copy of the same being attached hereto, providing for the opera- tion of an Animal Control Facility. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of December, A.D. 1985. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By '~"~~;7chJ~n ~ ~ (SEAL) Attest: DANNY L. KOLHAGE, Clerk ~JL~c~tt<'~/ he 1Z~i2 ~~ (1. ~.j)i" BY - ~ Attorney's Office f .' . RESOLUTION 00. 85-224 A RESOLUTION AUnIORI ZING 'mE EXECUTION OF A 99-YEAR LEASE AGREEMENT BETWEEN 'mE CITY OF KEY WEST, FLORIDA AND 'mE OOUNTY OF M:)NROE ~ PROVIDING AN EFFEcrIVE DATE. ." BE IT REOOLVED by the City comnission of the City of Key West, Florida. Section 1. That the attached 99-Year Lease Agreenent between the . City of Key West, Florida and the County of Monroe be and the sama is hereby approved, provided that the leased property shall not include the building or trailer currently occupied by Billie Cheek. The Mayor of the City of Key West be and he' is hereby authorized, empowe,red, and directed to execute the said 99-Year Lease Agreenent on behalf of the City of Key West, and the City Clerk of said City be and she is hereby authOfized, empowered, and directed to attest the signa~ures of the said Mayor on the said 99-Year Lease Agreenent and affix the Seal of ~e City thereto. The execution of said 99-Year Lease Agreenent is hereby directed to be made in as many counterparts as may be desired or necesscn::y.--- Section '2 . This Resolution shall go into effect inmediate1y upon its passage ~ adoption and authentication by the signatures of the presiding officer and the Clerk of the C~ission. Passed and adopted by the City commission at a meeting held this 12t"h day of November , 1985. ~ ,-,' .' - STATE OF FLORIDA) COUNTY OF MONROE) 55. CITY OF KEY WEST) , , I, Josephine Parker, Clerk of the City of Key West, Florida, do hereby certify the foregoing and attached to be a t~ue and correct copy of Resolution No. 85-224, passed and adopted by ,the City Commission of the City of Key West, Florida, ~ on the 12t~ day of Novemhpr WtTNESS my hand and the official Seal of the City of 1985 Key West, Florida, this 22nd day of November 1985 . ~ 99-YEAR LEASE AGREEMENT TIllS INDENTURE made and entered into as of the day of , A.D. 1985 between' the City of Key W3st, Florida, a municipal corporation organized and existing under the laws of the State of Florida, party of the first part, hereinafter designated as the Lessor, and. County of Monroe, a political subdivision fo the State of Florida, party of the second part, hereinafter designed as the Lessee, WIT N E SSE T H: , , 1. The first party hereto in consideration of the rents hereinafter reserved under the covenants and agreements hereinafter expressed in the party of the second part, to be kept, performed and fulfilled, has demised and leased under the Lease all of the following described property situated in lying in being in Monroe County, State of Florida, to wit: A parcel of land on Stock Island, Monroe County, Florida, and ;lescribed by metes and bounds as follows: From the intersection of the centerline of the south land of U.S. Highway No. 1 and the easterly abutm,mt of the Cow Key Channel Bridge go North 71 Degrees 19 Minutes East a distance of 300 feet to a point of intersection with the approximate centerline of Country Club Road; thence along said approximate centerline North 19 degrees 51 Minutes W3st a distance of 330 feet to Point #1; thence North 39 Degrees 18 Minutes \~st a distance of 300 feet to Point #2; thence North 30 Degrees 29 Minutes W3st a distance of 265 feet to Point #3; thence North 03 Degrees 13 Minutes \~st a'distance of 152 feet of Point #4; thence Nqrth 20 Degrees 08 Minutes East a distance of 600 feet to Point #5; thence South 69 Degrees 52 Minutes East, 28.8 feet to the Point of Beginning of the parcel of land herein described; thence continue South 69 Degrees 52 Minutes East, along a cyclone fence, 145.7 feet to a point; thence South 30 Degrees 08 Minutes West, along a cyclone fence, 19.1 feet to a point; thence North 83 Degrees 08 Minutes west, along a cyclone fence, 36.7 feet to a point; thence South 20 Degrees 08 Minutes \~st, along a cyclone fence, 120.1 feet to a point; thence North 69 Degrees 52 Minutes W3st, along a cyclone fence, 119.4 feet to a point; thence Northeasterly, along a cyclone fence, 149.2 feet back to the Point of Beginning, but excepting from any land described herein the building or trailer currently occupied by Billie Cheek, which property shall not be included in this lease agreement. (1) To have and to hold the above-described property under the Lease for and during the term of 99 years conmencing on the 12th day of November November , A.D. 1985 and ?nding on the , A.D. 2084. 11 th . day. of 2. The Lessee in consideration of the entering into the Lease of the property aforesaid does hereby covenant and agree with the Lessor to pay rent as follows: The Lessee covenants and agrees to pay the Lessor rent for said demised premises during the demised term of 99 years. The yearly rental of $10.00 (ten dollars), which is due on the '?~n day of November , of every year of the said demised term'. 3. The County will continue to operate the Animal Control Facility. 4. The County agrees to maintain the animal control. program and enforce the animal control ordinances of the parties herein. 5. In so far as the provisions thereof are not inconsistent with this inter~~al agreem3nt, the City of Key West and Monroe County do ratify anrraffirm and agree to continue the provisions of the Joint participatio!) Agreem3nt between them, entered into on May 16, 1978. As further consideration for the leasing and demising aforesaid, the Lessee further covenants, promises, and agrees to develop and maintain the premises as an animal control shelter and shall rebuild, repair, and reconstruct the animal control facilities located on Junior College Road, Stock Island, Florida. 6. It is hereby covenanted, stipulated, and agreed by, for, and between th~ parties hereto that there shall be no m3chanics liens upon any ircprovem3nts which may anytim3 be put upon or be upon the demised property; that in case of mechanics liens, the Lessee must payoff the same, and that if default and payment thereof should continue for 30 days after written notice, the Lessor shall have the right and privilege at its option to payoff the same or any portion of the same, and the amounts paid, excluding expenses, shall at the Lessor's (2) ~ option be additional rent due from the said Lessee at the next rent due after such payment. 7. Lessee hereby further covenants and agrees to use said " premises for the sole purpose of an animal shelter and related and associated uses. 8. it is expressly covenanted between the parties that the Lessee will keep and save the Lessor forever harmless from any penalty and damage or charges imposed for any violation of any laws where occasioned by the neglect of ~ssee ; and that such Lessee will indemnify and save and keep harmless the Lessor against from any costs, lost, damages or expense a~ising out of any accidents or other occurence causing injury to any person or property whomsoever, whatsoever, and to directly or indirectly to the the use of premises or any part thereof, by the Lessee. The Lessee shall secure at its own exprense from an approved insurance company the following described insurance coverage which will protect the legal liability to "~he Lessor and Lessee, to pay for the co~erage which will protect the Lessor and -the Lessee from any claims of personal injury or damage ---- which might arise out of or in connection with the conduct of the Animal She I tel' or any act or acts of Lessee I s agents and invi tees or employees. Minimum limits of such policy shall be $50,000 for one person or $100,000 for rrore than one person arising out of one accident and property damage maximum of $5,000.00. 9. It is fully uooerstood and agreed by and between the parties hereto that it is the condition of this Lease that any improvements .: upon said premises, at the termination of the demised term providing that this Lease is not sooner terrminated, shall become the exclusive property of the City of Key r~st, Florida, without any instrument or conveyance from said Lessee to Lessor. IN WITNESS HHEREOF, the Lessor is called these presents to be executed in the name by its Mayor and Comron seal affixed and attested by the City Clerk, and the Lessee caused these presents in the name of by the Chairman of the Board of County Commissioners and attested by (3) . , , the Clerk of the Circuit Court of Monroe County, ex officio Clerk of the Board of County Ccmnissioners, all as of the day and year first above written and executed in duplicat~. CITY OF KEY WEST, FLORIDA Q~ RIOiARD A. HEYMAN, . 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