10/16/2002 Lease
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
January 17, 2003
TO:
Mark Rosch, Director
Land Authority
FROM:
Kim Nystrom
Pamela G. Hanc~
Deputy Clerk a
ATTN:
At the October 16, 2002, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Lease Agreement between Monroe County and Timothy
John Woods and Barbara Ann Woods in connection with the FDOT right-of-way on Conch Key
for a wastewater treatment plant site.
Enclosed are two certified copies of the above mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
Cc: County Administrator wlo document
County Attorney
Finance
Filevi'
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LEASE AGREEMENT
This Agreement is made and entered into by MONROE COUNTY, a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL
33040, (COUNTY), and Timothy John Woods and Barbara Ann Woods, whose address is 2
North Conch Avenue, Marathon, FL 33050 (the LESSEE).
The COUNTY owns a parcel of land situated on Conch Key and more particularly
described in Exhibit "A,"
1. PROPERTY. The COUNTY leases exclusively to the LESSEE the land shown on
Exhibit A, hereafter the premises. Exhibit A is attached and made a part of this Agreement.
2. TERM. The term of this Agreement is five (5) years running from
~thrOugh~'
3, USE AND CONDITIONS. The premises shall be used solely for the purposes
of parking two (2) mobile home trailers and the installation of three (3) concrete patios and
foundation slabs as depicted on survey job number 910726 dated 8/12/91 prepared by
Petsche & Associates, Inc" No signs of any kind will be permitted on the leased right-of-
way area. If the premises are used for any other purpose, the COUNTY shall have the
option of immediately terminating this Agreement. LESSEE shall not permit any use of the
premises in any manner that would obstruct or interfere with any COUNTY functions and
duties,
The LESSEE will further use and occupy said premises in a careful and proper
manner, and not commit any waste thereon. LESSEE will not cause, or allow to be caused,
any nuisance or objectionable activity of any nature on the premises. Any activities in any
way involving hazardous materials or substances of any kind whatsoever, either as those
terms may be defined under any state or federal laws or regulations or as those terms are
understood in common usage, are specifically prohibited. The LESSEE will not use or
occupy said premises for any unlawful purpose and will, at LESSEE's sole cost and expense,
conform to and obey any present or future ordinance and/or rules, regulations,
requirements and orders of governmental authorities or agencies respecting the use and
occupation of said premises.
4, RENT. For the use of the premises, the LESSEE must pay the COUNTY
the sum of $720,00 per year, due in monthly installments on the first day of the month
payable in advance, The twelve monthly payments shall be remitted to Monroe County
Clerk's Office, 500 Whitehead Street, Key West, FL 33040. In lieu of 12 monthly
installments, a full year's lease amount may be paid prior to the commencement of each
lease year,
5. TAXES. The LESSEE must pay all taxes and assessments, including any sales
or use tax, levied by any government agency with respect to the LESSEE's operations on
the premises,
6. INSURANCE. LESSEE shall, throughout the term of this lease, maintain
insurance in a minimum amount of One Million Dollars ($1,000,000,00) for bodily injury or
death to any One person or number of persons in anyone occurrence and not less than
One Hundred Thousand Dollars ($100,000.00) for property damage unless waived or
modified by County Risk Management per Administrative Instruction 4709. The insurance
policy (or policies) shall name Monroe County as an additional insured.
The LESSEE must keep in full force and effect the required insurance during the term
of this Agreement. If the insurance policies originally purchased which meet the
requirements of this lease are canceled, terminated or reduced in coverage, then the
LESSEE must immediately substitute complying policies so that no gap in coverage occurs,
Copies of current policy certificates shall be filed with the COUNTY whenever acquired or
amended,
7. CONDITION OF PREMISES. The LESSEE must keep the premises in good
order and condition, The LESSEE must promptly repair damage to the premises, At the
end of the term of this Agreement, the LESSEE must surrender the premises to the
COUNTY in the same good order and condition as the premises were on the
commencement of the term, normal wear and tear excepted. The LESSEE is solely
responsible for any improvements to land and appurtenances placed On the premises,
8. IMPROVEMENTS. Other than those identified in Paragraph 3, no structure
or improvements of any kind shall be placed upon the land without prior approval in writing
by the County Administrator, a building permit issued by COUNTY and any other agency,
federal or state, permits required by law. Any such structure or improvements shall be
constructed in a good and workmanlike manner at LESSEE's sole cost and expense.
Subject to any landlord's lien, any structures or improvements constructed by LESSEE shall
be removed by the LESSEE at LESSEE's sole cost and expense, by midnight On the day of
termination of this Agreement or extension hereof, and the land restored as nearly as
practical to its condition at the time this agreement is executed unless the Board of County
Commissioners accepts in writing delivery of the premises together with any structures or
improvements constructed by LESSEE. Portable or temporary advertising signs are
prohibited,
LESSEE shall perform, at the sole expense of LESSEE, all work required in the
preparation of the property or premises hereby leased for occupancy by LESSEE; and
LESSEE does hereby accept the leased property or premises as now being in fit and
tenantable condition for all purposes of LESSEE.
COUNTY reserves the right to inspect the leased area and to require whatever
adjustment to structures or improvements as COUNTY, in its sole discretion, deems
necessary. Any adjustments shall be done at LESSEE's sole costs and expense, Any
building permits sought by LESSEE shall be subject to permit fees.
9. HOLD HARMLESS. The LESSEE is liable for and must fully defend,
release, discharge, indemnify and hold harmless the COUNTY, the members of the County
Commission, County officers and employees, and County agents and contractors, and the
State, its officers and employees, from and against any and all claims, demands, causes of
action, losses, costs and expenses of whatever type - including investigation and witness
costs and expenses and attorneys' fees and costs - that arise out of or are attributable to
the LESSEE's operations on the premises except for those claims, demands, damages,
liabilities, actions, causes of action, losses, costs and expenses that are the result of the
sole negligence of the COUNTY. The LESSEE's purchase of the insurance required under
this Agreement does not release or vitiate its obligations under this paragraph,
10. NON-DISCRIMINATION. The LESSEE for itself, its personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree that no person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of premises or in the contracting for improvements to the
premises.
11. TERMINATION. The COUNTY may treat the LESSEE in default and
terminate this Agreement immediately, without prior notice, upon failure of LESSEE to
comply with any provision of this Agreement. This Agreement may be terminated by
COUNTY if and when, for any reason its controlling lease is terminated by the State, upon
provision of reasonable notice, LESSEE may terminate this Agreement upon giving thirty
days prior written notice to COUNTY,
12, DEFAULT-WAIVER. The waiver by the LESSEE or the COUNTY of an act or
omission that constitutes a default of an obligation under this Agreement does not waive
another default of that or any other obligation.
13. ASSIGNMENT. The LESSEE may not assign this Agreement or assign or
subcontract any of its obligations under this Agreement without the approval of the
COUNTY's Board of County Commissioners. All the obligations of this Agreement will
extend to and bind the legal representatives, successors and assigns of the LESSEE and the
COUNTY.
14, SUBORDINATION. This Agreement is subordinate to the laws and
regulations of the United States, the State of Florida, and the COUNTY, whether in effect on
commencement of this lease or adopted after that date.
15, INCONSISTENCY. Any item, condition or obligation of this Agreement that is
in conflict with the items listed in this paragraph is superseded to the extent of the conflict.
16, GOVERNING LAWS/VENUE. This Agreement is governed by the laws of the
State of Florida and the United States, Venue for any dispute arising under this Agreement
must be in Monroe County, Florida. In the event of any litigation, the prevailing party is
entitled to a reasonable attorney's fee and costs.
17, CONSTRUCTION. This Agreement has been carefully reviewed by the
LESSEE and the COUNTY, Therefore, this Agreement is not to be construed against any
party on the basis of authorship.
18. NOTICES. Notices in this Agreement, unless otherwise specified, must be
sent by certified mail to the following:
COUNTY:
County Administrator
1100 Simonton Street
Key West, FL 33040
LESSEE
Timothy Woods and Barbara Woods
2 North Conch Avenue
Marathon, FL 33050
19, FULL UNDERSTANDING. This Agreement is the parties' final mutual
understanding. It replaces any earlier agreements or understandings, whether written or
oral. This Agreement cannot be modified or replaced except by another written and signed
agreement.
20,
EFFECTIVE DATE. This Agreement will take effect on ~ I~. 1.002...
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By (] JJ
~or/Chairman
~da~
'. Witness
I~ ~/VtA..d
Witness
Z~,ct;::A
Witness
~dA6~ic~
Barbara Ann Woods
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F DOT, PARceL No 6002
~QliC1Lm.vLER COUE'LLEh.5E Pl\RCEJ.,
(In the excess portion of the Right-of-WdY of S.R. ~:), 5)
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A PARCEL OF LAND SITUATE IN fRACTICHlAL Sr:C"nON 15, TOvlNSHIP 6!> ~:OtiTH,
RANGE 34 EAST, ON CONCH KEY, BEING A PORTION OF 'j'H[ iUGlIT-OF-W'\Y OF
STATE ROAD NO. ') (A.K.A, OVERSEAS HIGHWAY A.K.A. U.S. 1) L~I~G
ADJACENT TO LOTS ]] AND 31, CONCH KEY A SUBDIVISION, AS RECORDED IN
PLAT BOOK 2 AT PAGE 130 Of THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA, A~D BEING MORE PARTICULARLY DESCRIBED AS fOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER Of LOT 13, AS RECORDED IN SAID
PLAT OF CONCH KEY A SUBDIVISION; THENCE N6S.33'26"E ALONG THE
SOUTHERLY LINE OF SAID LOTS 13 AND 31 OF SAID PLAT, SAID LINE ALSO
BEING THE NORTHERLY RI~HT-OF-WAY LINE OF SAID STATE ROAD NO.5, A
DISTANCE OF 190.93 fEET; THEN~ NOO.3S'26"E-A DISTANCE Of 7.52 FEET TO
THE SOUTHERLY RIGHT-OF-WAY LINE OF NORTH CONCH AVENUE; THENCE
567'16'34"E ALONG THE EASTERLY EXTENSION OF SAID SOUTHERLY RIGHT-OF-
WAY LINE OF NORTH CONCH AVENUE A DISTANCE OF (.57 FEET: THENCE
SOl'08'11"E A DISTANCE OF 12.30 FEET: THENCE S5S.31'IS"W A DISTANCE OF
41.61 FEET TO A POINT ON A LINE PARALLEL TO AND 15 FEET SOUTHERLY OF
AS MEASURED AT RIGHT ANGLES TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID
STATE ROAD NO.5: THENCE S6S.33'26"W ALONG SAID PARALLEL LINE A
DISTANCE OF 136.37 FEET '1'0 A POINT ON THE EASTERLY EXTENSION OF THE
NORTHERLY RIGHT-OF-WAY LINE OF SOUTH CONCH AVENUE; THENCE N67.16'34"W
ALONG SAID EASTERLY EXTENSION OF SAID NORTHERLY RIGHT-Of-WAY LINE A
DISTANCE Of 21.53 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 2663.10 SQUARE FEET, MORE OR LESS.
THE BEARINGS USED IN THE ABOVE DESCRIPTION ARE BASED ON THE NORTHERLY
RIGHT-Or-WAY LINE OF STATE ROAD NO. 5 ACCORDING TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT'-OF-WAY HAP I'OR CONCH KEY, SECTION
90050, SHEET 12 OF 28, WHICH BEARS N68'33'26"[. THIS LINE IS
COINCIDENTAL TO THE SOUTHERLY LINE OF LOTS 13 AND 31 Of CONCH KEY, A
SlIBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 130, PUBLIC RECORDS Of
MONROE COUNTY,PLORIDA, WHICH BEARS N69.05'00"E.
~~YOR'S NOTE~
1 ,
2.
THE fIELD SU~VEY WAS PERFORMED ON JULY 22, 1991.
BF:ARHIGS SHOkN HEHEON ARE REFERENCED TO "STATE OF FLOR] DA RIGH1'-
OF-WAY HAP",: SECTIONAL JOB No. 90050, SHEET NUliBER 12 OF 28
SUBSURFACE,AND/OR AERIAL ENCROACHMENTS, IF ANV, WERE NOT LOCATED.
PARCEL IS SUBJECT TO ALL EASEMENTS, RESERVATIONS RIGHTS-or-WAY
AND RESTRICTIONS Of RECORD, IF ANY. '
THE LEGAL DESCRIPTION IS AS FURNISHED BY THE CLIENT.
NO SEARCH OF THE PUBLIC RECORDS HAS BEf.N HADE BY TI\I~; OrnCE
OTHER THAN THE HECOIW PLAT.
ALL ELEVATIONS SHOWII HEREOll, If ANY, ARE REFERENCED 'f0 1'11' (
NATIONAL GEOOETIC VERTICAL DATUM (1'l2'J NGVD) AND '('[' [X E 192:.1
fLET, ~ ,,,, PHESS[() IN
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A CORD_ CERTIFICATE OF LIABILITY INSURANC~~c~~6 I DATE (MMlDDIYY)
01/09/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
The Johnsons Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
13361 Overseas Highway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Marathon FL 33050
Phone: 305-289-0213 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Clarendon National Ins. CO
INSURER B:
Conch Trailer Court INSURER C:
TimothK J. Woods
2 Nort Conch Avenue INSURER D:
Marathon FL 33050-6914
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~f~ TYPE OF INSURANCE POLICY NUMBER b~kiMMlDD,rirE P.9_L!~1~EXPIRAT}?N LIMITS
DATE MMlDDIYY
GENERAL LIABILITY EACH OCCURRENCE $
-
A X COMMERCIAL GENERAL LIABILITY BP01265702 04/19/02 04/19/03 FIRE DAMAGE (Anyone fire) $ 100000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5000
PERSONAL & ADV INJURY $
-
GENERAL AGGREGATE $ 1000000
-
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS. COMP/OP AGG $
I .nPRO. nLOC
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $
ANY AUTO (Ea accident)
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY
- $
NON..QWNED AUTOS (Per accident)
f-- A~~T
f-- APPt1"1/1'P\ B~K MM PROPERTY DAMAGE $
/1 h. (Per accident)
GARAGE LIABILITY BY \1\ " IA u AUTO ONLY. EA ACCIDENT $
R ANY AUTO U. ....., -=-t~ ()-)
OTHER THAN EA ACC $
DATE ./ AUTO ONLY: AGG $
EXCESS LIABILITY WAIVER N/A~I EACH OCCURRENCE $
tJ OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I TORYLIMITS I IU~~.
EMPLOYERS' LIABILITY
E,L. EACH ACCIDENT $
E.L, DISEASE. EA EMPLOYE $
E.L. DISEASE. POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
TRAILER PARK
CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
MONRO-6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO~
Monroe County Board of DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
County Commissioners -
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
Monroe County Administrator IMPOSE :::a.~IGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
1100 Simonton Street, Ste 205 REP~S VES, /7 , .4.
Key West FL 33040
T~ ~.- t/~ A-;,; G ~ -f(z, ~ .J_..
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hnsons Insurance Aaencv
ACORD 25-5 (7/97)
@ACORDCORPORATION 1988