Loading...
Resolution 174-1982or RESOLUTION NO. 174 -1982 RESOLUTION AUTHORIZING THE CHAIR11A_'V OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE CITY OF KEY WEST, FLORIDA, AND THE COUNTY OF MONROE FOR PARKING LOT AT THE PUBLIC SERVICE BUILDING ON STOCK ISLAND. BE IT RESOLVED BY THE BOARD OF COUNTY COM11ISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commis- sioners of Monroe County, Florida, is hereby authorized to execute a Lease Agreement by and between the City of Key West, Florida, and the County of Monroe, a copy of same being attached hereto, for parking lot at the Public Service Building on Stock Island. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 28th day of June, A.D. 1982. (Seal) Attest: RALRR W. CORK lerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By �Mroj airman Ry APPROVED A5 TO FORD AND LEGAL SUFFICIENCY Atterney's Office THIS INDENTURE, Made and entered into as of the 28th day of June , A.D. 1982, between THE CITY OF KEY WEST, 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 of the State of Florida, party of the second part, hereinafter designated as the Lessee, W I T N E S S E T H: FIRST: The first party hereto, the Lessor, in consideration of the rents hereinafter reserved and of the covenants and agreements herein expressed on the part of the second party, the Lessee, to be kept, performed and fulfilled, has demised and leased, and by these presents does demise and lease unto the Lessee all the following described property, situate, lying and being in Monroe County, State of Florida, to wit: On Stock Island, Monroe County, Florida and lies westerly of Country Club Road and northerly of U.S. Highway #1 and is more particularly described as follows: From the intersection of the centerline of the southerly (Eastbound) lane of U.S. Highway #1 and the easterly abutment of the highway bridge over Cow Key Channel go easterly along said center- line a distance of 330.08 feet to a point; thence northerly making a deflection angle of 90 Degrees 10 Minutes with the prolongation of the previously described course a distance of 305.64 feet to a point; thence northwesterly making a deflection angle of 32 Degrees 40 Minutes with the prolonga- tion of the previously described course a distance of 159.24 feet to a point; thence westerly making a deflection angle of 56 Degrees 10 Minutes with the prolongation of the previously described course a distance of 30.10 feet to a point in the south- westerly line of Country Club Road which point is the point of beginning; thence continue westerly along the prolongation of the previously described course a distance of 60.20 feet to a point; thence northwesterly making a deflection angle of 56 Degrees 10 Minutes with the prolongation of the previously described course a distance of 128.17 feet to a point; thence northwesterly making a deflection angle of 13 Degrees 13 Minutes (to the right) with the prolongation of the previously described course a distance of 147.92 feet to a point; thence north- easterly and at right angles a distance of 50 feet to a point in the southwesterly line of Country Club Road; thence southeasterly and at right angles and along the southwesterly line of Country Club Road a distance of 143.12 feet to a point; thence southeasterly making a deflection angle of 13 Degrees 13 Minutes (to the left) with the prolonga- tion of the previously described course and con- tinuing along the line of Country Club Road a dis- tance of 156.88 feet back to the point of beginning. TO HAVE AND TO HOLD the above described property unto the Lessee for and during the term of 20 years, commencing on the day of . 1982 and ending on the day of , 2002, however, this lease may be cancelled by the Lessor by giving six months written notice to the Lessee cancelling said lease and reimbursing the Lessee as hereinafter provided. SECOND: The Lessee, in consideration of the leasing of the property aforesaid, does hereby covenant and agree to and with the Lessor to pay rent as follows: The Lessee covenants and agrees to pay the Lessor as rent for said demised premises during the said demised term of 20 years, the yearly rental of $10.00, which rental shall be paid on the day of of every year during said demised term. THIRD: As a further consideration for the leasing and demising aforesaid, the Lessee further covenants, promises and agrees to fill, develop and maintain the premises as an automobile parking area for employees and visitors of the Public Service Building, and that no structures shall be placed on said premises, however, walls or guard rails may be placed on said demised premises. FOURTH: It is hereby covenanted, stipulated and agreed by and between the parties hereto, that there shall, during the said demised term, be no mechanics' liens upon any improvements which may at any time be put upon or be upon the demised property, and that in case of any mechanics' liens the Lessee must pay off same; and that if default in payment thereof shall continue for 30 days after written notice, said Lessor shall have the right and privilege, at its option, to pay off the same or any portion of the same, and the amount so paid, including expenses, shall, at the Lessor's option, be so much additional rent due from the said Lessee at the next rent due after such payment, with interest thereon at the rate of 6% per annum. FIFTH: Lessee hereby further covenants and agrees to use said premises for the sole purpose of automobile parking. SIXTH: The Lessee shall not have the right to sublet or assign this lease without the written consent of the Lessor. SEVENTH: It is expressly covenanted and agreed between the parties hereto that the Lessee will furnish within three months from the date of this lease the crushed rock fill for the purpose of filling the demised area and that the Lessor will furnish its equipment for the spreading, compacting and rolling of said fill and the said Lessee will furnish to the said Lessor a written statement as to the cost of the furnishing of said crushed rock fill. In the event the Lessor elects to cancel this lease during the first ten years of said term, it shall be required to reimburse the Lessee the cost of such crushed rock fill. EIGHTH: It is expressly covenanted between the parties hereto that the Lessee will not use or suffer nor permit any person to use in any manner whatsoever the said demised property, nor any portion thereof, for any purpose calculated to injure the reputation of the premises, nor for any purpose or use in violation of the laws of the United States, or of the State of Florida, or of the Ordinances of the City of Key West, Florida, and that it will keep and save the Lessor forever harmless from any penalty or damage or charges imposed for any violation of any of said laws, whether occasioned by neglect of Lessee, and that said Lessee will indemnify and save and keep harmless the Lessor against and from any loss, cost, damage and expense arising out of any accident or other occurrence, causing injury to any person or property whomsoever or whatsoever, and due directly or indirectly to the use of the premises, or any part thereof, by the Lessee. NINTH: The Lessee shall secure at its own expense, from an approved insurance company, and furnish to the Lessor evidence of such insurance, the following described insurance coverage: (a) Coverage,which will protect the legal liability of Lessor and Lessee to pay off claims for personal injury or death resulting therefrom, on account of accidents to third parties or the public, which might arise out of, or in connection with the conduct of the Lessee's automobile parking area, or which might arise out of, or in connection with any act or acts of Lessee's agents, invitees or employees. The minimum limits of such policy or policies shall be $50,000.00 for any one person, or $100,000.00 for more than one person, arising out of one accident, and property damage $5,000.00. TENTH: And it is further covenanted and agreed by and between the parties hereto, that in case, at any time, default shall be made by the Lessee in the payment of any rent herein provided for upon the day the same become due and payable, or in the failure to perform any of the covenants of this lease, and such default of payment shall continue for 30 days after notice thereof is given in writing by the Lessor, or failure to correct any violation shall continue for 10 days after notice thereof is given in writing by the Lessor, or its agents or attorneys, to said Lessee, the Lessor may, at its option, forthwith declare this lease forfeited and may immediately re-enter and re -possess said leased property. ELEVENTH: It is further agreed that in no case shall the Lessor herein be liable, under any express or implied covenants in this lease, for any damages whatsoever to the Lessee beyond the rent reserved by this lease, accruing, for the act, or breach of covenant, for which damages may be sought to be recovered against said Lessor, and that in the event that said Lessee shall be ousted from the possession of said property by reason of any defect in the title of said Lessor, or said Lessor's authority to make this lease, said Lessee shall not be required to pay any rent under this lease while it is so deprived of the possession of said property, and that said Lessor shall not incur any liability by such ouster beyond the loss of rent while said Lessee is so deprived of the possession of said property. r TWELFTH: It.is furthe9 mutually covenanted and agreed between the parties hereto that no iVaiver of a breach of any of the covenants of 'this lease shall be construed to be a waiver of any succeeding breach of the same covenant. THIRTEENTH: It is fully understood and agreed by and between the parties hereto, that it,ds a condition of this lease that any improvements.upon the said premises at the termination of the said demised term, providing this lease is not sooner terminated, shall, at and upon the date of the expiration of said demised term become the.exclus'ive property of The City of Key West, Florida, without any instrument of conveyance from the said Lessee to the said Lessor. IN WITNESS WHEREOF, the,Lessor has caused these presents to be executed in its name by its Mayor and its common seal affixed, attested by its City Clerk, and the Lessee has.caused these presents to be executed in its name by the Chairman of the Board of County Commissioners, attested by the Clerk of the Circuit Court of Monroe County and.ex officio Clerk of the -Board of County Commissioners, all as of the day and year first above written. Executed in duplicate. THE CITY OF KEY WEST, FLORIDA B (SEAL) Attest: City Clerk mayor COUNTY OF MONROE w Mayo ai an Bo d of County Comm' sioners (SEAL) Attest: WIT col .. 11i► p . c . 0 IC e