Resolution 269-1990
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Commissioner Michael Puto
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RESOLUTION NO. 269 -1990
ACRESOLUTION OF THE BOARD OF COUNTY COMMIS-
'SIONERS OF MONROE COUNTY, FLORIDA, RESCINDING
RE;SOLUTION NO. 548-1989 AND AUTHORIZING THE
,~OR/ CHAIRMAN OF THE BOARD TO EXECUTE A
< S~LEASE AGREEMENT BETWEEN THE MARATHON
,-- CtfAMBER OF COMMERCE AND MONROE COUNTY
CONCERNING THE USE OF CERTAIN PROPERTY IN
MARATHON AS A YOUTH CENTER.
WHEREAS, on September 20, 1989, the Board of County
Connnissioners passed and adopted Resolution No. 548-1989
concerning a Sub-Lease Agreement between the Marathon Chamber of
Commerce and Monroe County for use of certain property in
Marathon as a Youth Center, and
WHEREAS, due to the fact that both parties desired to make
revisions to said sublease agreement after Resolution No.
548-1989 was adopted, the Board hereby desires to rescind said
Resolution No. 548-1989 and enter into a new sublease agreement
with the Chamber, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That Resolution No. 548-1989, passed and adopted by the
Board on September 20, 1989, is hereby rescinded.
2. That the Mayor/Chairman of the Board is hereby
authorized to execute a Sublease Agreement between the Marathon
Chamber of Commerce and Monroe County concerning the use of
certain property in Marathon as a Youth Center.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting held on the 9~1
day of ~j . 1990.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: c;;rk~~q-
. Mayor . a.J..~an..-- ,_
Attest: DANNY L. KOLHAGE, CLERK.
By:~ptJJ??~1
~uty ~
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SUBLEASE AGREEMENT
of
This Sublease Agreement, made and entered into this ____ day
, 1990, by and between the Marathon Chamber of
Commerce, Marathon, Florida, hereinafter Sublessor, and Monroe
County, a political subdivision of the State of Florida,
hereinafter Sublessee:
WIT N E SSE T H:
The Sublessor, for and in consideration of the rentals
hereinafter to be paid, and in further consideration of the
covenants hereinafter to be kept and performed by the Sublessee,
does lease unto the Sublessee that certain property described as
follows:
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A tract of land in a part of the Monroe County Property
lying North of U. S. Highway No. 1 at Marathon, Florida
and being more particularly described by metes and
bounds as follows:
Commencing at the intersection of the East Line of
Government Lot 3, Section 10, T.66S., R.32E., and the
Centerline of U. S. Highway No.1, bear South 74
degrees and 20 minutes West along the Centerline of U.
S. Highway No.1, 2842.55 feet; thence bear North 15
degrees and 40 minutes West, 592.32 feet to the POINT
OF BEGINNING of the tract of land hereinafter de-
scribed; from said POINT OF BEGINNING, bear North 75
degrees and 15 minutes East, 61.35 feet; thence bear
North 15 degrees and 37 minutes West, 420 feet ~ to the
mean high water line of the Bay of Florida; thence
meander the mean high water line of the Bay of Florida
in a northerly, westerly and southerly direction, 655
feet, more or less, to a point that is bearing North 15
degrees and 40 minutes lolest from the POINT OF BEGIN-
NING; thence bear South 15 degrees and 40 minutes East,
12 feet, more or less, back to the POINT OF BEGINNING,
located on Vaca Key, Monroe County, Florida, subj ect to the
following terms and conditions which the parties hereto agree
shall apply:
1. TERM The term of this sublease shall' be for one (1)
year, commencing September 20, 1989, and shall be terminated
after said period, unless extended pursuant to the terms of this
sublease.
2. RENTAL The Sublessee agrees to pay to the Sublessor,
as rent for said property during the term of this lease, the sum
of Ten Dollars ($10.00) per year, to be paid on or before the
anniversary date of each year of the term of this sublease, or
any extensions thereof.
3. USE OF PREMISES The premises subleased herein shall be
actively \lsed as a youth center for the Marathon area. The
~
Sublessee shall supervise and operate the center. The Sublessee
shall at all times be responsible for assuring that the operation
of the center does not create a nuisance or become used for any
illegal or immoral purposes and that the center complies with any
applicable federal, state and county laws, statutes and ordi-
nances.
4.
PAYMENT OF RENT
The
rent
shall
be
paid
as
specified above, and in the event that any installment shall
remain unpaid for a period of thirty days after the same shall
have become due and payable, the Sublessor may, at its option,
consider the Sublessee a tenant at sufferance, and may
immediately enter upon said premises and take possession thereof.
In such event, or in the event of any other default by the
Sublessee under the terms and conditions of this sublease which
shall continue for a period of thirty days from the time of
notice to the Sublessee of such default, shall also entitle the
Sublessor to the same remedy.
5. IMPROVEMENTS The Sublessee may remodel, renovate or
reconstruct any buildings, structures or additions thereto
existing on the premises with the prior written consent of the
Sublessor and such remodeling, reconstruction or renovation shall
not be construed to constitute waste. None of the improvements
made by Sublessee shall be removed from the premises or demol-
ished upon the expiration of this sublease or any extension
thereof, but shall remain for the use and enjoyment of Sublessor.
6.
DAMAGES
Sublessee expressly waives, releases, and
holds harmless, Sublessor from all claims for damages due to
injury to the persons or property of Sublessee's employees,
clients, customers, guests, agents or servants, resulting from
any incident which occurs on the premises which are the subject
of this sublease.
2
/. EXTENSIONS This sublease may be extended for addition-
alone (1) year periods for up to ten (10) years if the Sublessee
provides written notification to the Sublessor of Sublessee's
intent to~xtend the sublease at least thirty (30) days prior to
:;
the expiration of the sublease. Such extension is not available,
however, if the Sublessor has provided written notification of
its intent not to consent to an extension at least sixty (60)
days prior to the expiration date of the sublease or any
extension thereof.
8. RETURN OF PREMISES At the end of the term of this
sublease, or any extensions thereof, the Sublessee shall vacate
and peacefully surrender tbe premises to the Sublessor.
9. ALTERNATIVE CHAMBER USE During an approximate six (6)
week period annually, the Chamber (Sublessor) shall have exclu-
sive use of the premises for the purpose of its annual radio
auction fund raiser and any and all games, furniture and equip-
ment belonging to the County (Sublessee) on the premises that
needs to be removed, to allow for storage and the conducting of
said auction, shall be done immediately upon request to the
County by the Chamber. However, if the Sublessor finds suitable
alternative accommodations for its radio auction, Sublessee shall
be entitled to continued use of the premises.
10. COSTS The Sublessee will be responsible for all costs
associated with this sublease of the premises, inclusive of
utilities, insurance and improvements.
11. CHAMBER PROPERTY
The Sublessee will maintain all
furniture and fixtures owned by Sublessor and be responsible for
any damage thereto.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals on the day first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(SEAL)
Attest:
Clerk
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(SEAL)
Attest:
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Secretary
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GREATER MARATHON CHAMBER
OF CONMERCE
ByJe4f0n BJ2L
res ent
BY
Af'MDWDAI TO 'ORM
IJ.ND LE ....t SUFFICIENCY.
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