Consent to Assignment 9/20/2006
DANNY"L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 7, 2008
TO:
Suzanne A. Hutton
County Attorney
ATTN:
Kathy M Peters
Executive Assistant
FROM:
Isabel C. DeSantis .
Deputy Clerk
At the September 20, 2006, Board of County Commissioner's meeting, the Board
approved an Interlocal Agreement between Monroe County and the Key Largo Fire Rescue and
Emergency :Medical Services District. With that said, Section 2.4 & 2.7 of the ILA, authorized a
Consent to A.ssignment and an Assignment and Assumption of Lease Number 3671 - Board of
Trustees of the Internal Improvement Trust Fund of the State of Florida Assignment and
Assumption"
Enclosed are seven (7) duplicate originals of the above-mentioned Lease and three (3)
duplicate originals of the Consent for your handling. Please be sure that the Clerk is provided
with a complete sign copy of the Lease for the record. Should you have any questions, please do
not hesitate to contact this office. Thank you.
cc: Finance
File ,/
CONSENT TO ASSIGNMENT
This Consent to Assignment is entered into this 20th day of Sept.. 2006. by and between
Key Largo Volunteer Fire Department, Inc., hereafter "KL VFD", Monroe County, a political
subdivision of the State of Florida, hereafter "County", Assignor, and Key Largo Fire Rescue &
Emerg{~ncy Medical Services District, an Independent Special District, hereafter "District",
Assignee, the parties agreeing as follows:
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1. KL VFD leases to Assignee the following described rent property: Sunset Cove
. Subdivision, Block 13, Lot 1, 2, 3, 4, 5, 6, 7, 8, 9, and Lot 10, according to the plat
i ; ~ ::5 recorded in Plat Book 1 at page 165 of the public records of Monroe County, Florida,
. . :': through an Agreement dated January 8, 1992, hereafter the original agreement. The
. ;,:; ~~:~ original agreement and renewal agreements are attached and incorporated into this
Consent to Assignment.
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~: ::~; !;'.~:i By a change of ownership effective 10/1. 2006. from Assignor to Assignee, the
:~.: C.J c'~ Assignor assigned to Assignee all the Assignor's rights, title and interest in the
~~ ~ original agreement.
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3. In consideration for such consent, the Assignee agrees to be bound by all the terms
. ,(ind conditions of the original agreement, as previously amended and as amended
a'boye.
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(S!~~~ 1;
~rf~t:'DANNY L. KOLHAGE, CLERK
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Deputy Clerk /
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO FLOIDDA
Witnesses: '--7
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Witness:
FIRE DEPT.
TEER FIRE DEPT.
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LEASE AGREEMENT
'92 ~~i~~, :'l(e~~argo Volunteer Fire and Rescue Department; Inc. (Lessor)
and 'Monroe County (Lessee) entered into a lease dated June 20, 1990 for
Sunset Cove Subdivision, Block 13, Lot 9 and 10 and
:- 1) ~! :~rnEREAS, the parties wish to rescind that Lease and enter into a new
LeasE~ to include Lots 1-10, Block 13 of Sunset Cove Subdivision.
~rhis contract of lease is made and entered into on the 8 day of
J~cJ~ , 199&, by and between the KEY LARGO VOLUNTEER FIRE AND RESCUE
DEPAHTMENT, INC., who is referred to as the lessor and MONROE COUNTY, a
political subdivision of the state of Florida, and who is referred to as
lessE~e. The parties agree for mutual promises and consideration to the
following:
1 . DESCRIPTION AND PURPOSE
~~he lessor leases unto lessee the land located in Monroe County,
Florida and more particularly described as:
Sunset Cove Subdivision, Block 13, Lot 1, 2, 3, 4, 5, 6, 7, 8, 9, and
Lot 10, according to the plat recorded in Plat Book 1 at page 165 of the
public records of Monroe County, Florida
']~he purpose of this lease is as follows: i) for lessee to construct a
fire training facility; ii) to provide a fire training facility to be used
by the Key Largo Volunteer Fire and Rescue Department, and providing that
the fire training facility shall be open and available for use by any
Monroe County Fire Rescue Department or other emergency services agency of
Monrcle County as determined and scheduled by the Fire Marshal's Office;
iii) to provide a fire station for the exclusive use and occupancy of the
Key Largo Volunteer Fire and Rescue Department for fire and rescue
services to the public.
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TERM
IJessor leases the above premises for a term of thirty (30) years,
beginning ..J~uAllt.Y /!';> 1991., and terminating on JA-~\J~ 8 ,
20~, at the annual rent of two dollars ($2.00).
3. CANCELLATION
'Jlhe Lease can only be terminated if both parties agree in writing.
JlLny decision to terminate Key Largo Volunteer Fire and Rescue
Department's occupancy of the fire station shall be considered a breach of
this agreement and cause for cancelation of sarne.
4 . TAXES
Lessee shall pay and discharge when due, all state and local taxes,
assessment, levies, and other charges, if any, that may be imposed or
charged on the land or building and improvements now or hereafter built or
made thereon during the term hereof or any renewals.
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REPAIRS AND MAINTENANCE
IJessee shall keep the demised premises and improvements in good repair
allo~ling for ordinary wear and tear provided such expenditures for repairs
are made according to law and within Lessee's fiscal and budgetary
capabilities.
6. UTILITIES
Lessee shall install and obtain all utility services required for the
demised premises.
j' . IMPROVEMENTS
IJessee shall, within J 2. months from the date hereof, begin
construction of a fire station and fire training facility in accordance
with the plans and specifications agreed upon by the parties, contingent
upon funding by the Board of County Commissioners. If the parties cannot
agreE! as to the plans and specifications, the decision with regard thereto
shall be made by the Board of County Commissioners which decision shall be
final.
B. INSURANCE
Lessee shall keep the building insured against loss or damage by
reason of fire or loss to the extent of full insurable value thereof.
9 . HOLD HARMLESS
Lessee agrees fully to indemnify and hold harmless, the lessor from
and against all claims and actions arising during the course of this
agreement. This hold harmless provision shall be limited to $100,000 for
anyone person or $200,000 arising out of the same incident or occurrence.
10. QUIET ENJOYMENT
Lessor agrees that, on payment of the rent and performance of the
covenants and agreements on the part of lessee, lessee shall peaceably
have and enjoy the leased premises and all rights and privileges of the
leased premises subject to Key Largo Volunteer Fire and Rescue
Department's use and occupancy as set forth above.
11. SURRENDER OF POSSESSION
Upon the expiration of this lease, lessee shall retain title to and
have right to remove any buildings or improvements located on the leased
premises within 180 days of date of expiration.
Page No. 2
12. NOTICES
Notices to lessor provided shall be sufficient if sent by certified
mail, postage prepaid, addressed to:
Key Largo Volunteer Fire/Rescue Inc.
Attention: President
P.O. Box 782 Key Largo, FL 33037
and notice to lessee, if sent by certified mail, postage prepaid,
addressed to:
Chairman of the Board of County Commissioners
P.O. Box 1680
Key West, FL 33040
or to such other respective addresses as the parties may designate to
each other in writing from time to time.
13. SUCCESSORS AND ASSIGNS BOUND BY COVENANTS
All the agreements in this lease shall extend to and bind the legal
representatives, successors and assigns of the respective parties.
14. EFFECTIVE DATE
This lease cannot be in full force and effect until approved by the
Board of County Commissioners of Monroe County, Florida.
15 . ENTIRE AGREEMENT
This agreement constitutes the entire agreement of the parties with
respect to its subject matter and supersedes any and all prior agreements
with respect to such subject matter between lessor and the lessee.
16. RENEWAL
At the expiration of this lease, lessee shall have the option to renew
this lease for two additional (30 year periods) under the same terms and
conditions. Lessee shall notify the Lessor in writing that it wishes to
exercise the option at least 30 days before the expiration of the lease.
17. RECESSION OF PRIOR LEASE
The lease of June 20, 1990, between the Parties is hereby rescinded.
18. CERTIFICATION OF TITLE
The lessor warrants that it has title to the premises and agrees to
furnish to Monroe County wi thin ten ( 10) days of execution of this
docu~ent a certificate of title.
IN l'lITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
Page No. 3
( SEJUJ )
Attest: Danny L. Kolhage, Clerk
~Cl~R? t'~/
(CORPORATE SEAL)
Page No. 4
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
~'. ~~.rJ.... -: ... ~ ~ ~
Mayor / Chairman \ /'
KEY LARGO VOLUNTEER FIRE AND
RESCUE DEPARTMENT, INC.
~-
Au H . ed Representative
Approved ~cl~n~;rm a,n.. d
legal su.~~
by .
Attorney's Office
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Thil j"lIru"'.nl WOf prtportd by,
CHARLES P. TITTLE
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THERESA ~ELLE GROSS, individually and as Trustee
t: ~ 01 Ih. County 01
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LOS ANGELES
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CALIFORNIA
KEY LARGO VOLUNTEER FIRE' RESCUE DEPT. INC.,
,,'onto,., Grid
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P.O.BOK 1148, Key Largo, Florida 33037
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In 0/ '''to CouoPy 01
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'D .iln"JrJ~. T'Iol ~o.d \I(O~to'. l/'It o,.,d in <oolde'u',on ot Ih! lum of TEN DOLLARS AND no/lOOths
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MONROE
SIcle 01
FLORIDA
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Dollo/I.
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Q~'"o..ltdQed. "01 O'onl"d. borge'I'ed ond lold '0 .ht IQ,d g'onl~, ond g'on'..', h.;" and oui;nl 'g'.ver tl., 10110"';"11
dt)(',bed ~<.lnQ, Huo" IY/('Q and b~'n'il ", MONROE CO~"Iy, Florido. to'wi.:
Lots 1,2,4,5,7,6,9, and 10, Block 13, of SUNSET COVE,
accol-ding to th~ Plat thereof, as recorded in Plit ~OOk.,J. ~
at Page 165, of the Public Records of Monroe co~t~ Fl~i4~
Subject to restrictions of record, if ann eaBen:~~~~ 1= ~
for public utilities and taxes for the CUrrent ~~ I ~
subsequent years. ~.''''' ~ :J
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The above described property is vacant property~and no~ ~
the Homestead of the Grantor herein who realde.' in t~
Ca lifornia. ~~!~_
0'0 ",(l \/'0"'0' dOleS hC1el:>y tvlly "'O','onl the tit:e 10 IO'd lond. and ....ill defend '''e
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. 'G'o"la," o'-'u "~'onlee c'e vIed lor I'''lIvlo. o. plutol. 01 (onl'~1 rlqu,re.
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nIERESA BELtE G~OSS, indivlduel1y
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486729
R~t I 0 I 2 PAGED 5 8 8
PERSONAL REPRESENTATIVE'S DEED
THIS INDENTUI;-E, eNecuted this /51 da.y of ~, 1987 by ~nd between
U'IMA S. l~lHTE, as F'et~sonC\l Rept"esentative of the E.tate of CLIFFORD A. ~~HITE,
deceased, Party of the First Part, and KEY LARGO VOLUNTEER FIRE/RESCUE DEPT.,
INC., a Florida non-profit corporation, Party of the Second Part, wtlcse
Q.ddr'ess is: . ~15'T Orr/CE= --:i!5 CJX /' F 2.-1 ~y ,.t'~6~ ~-;.., ..3 oS 0.:3 7'
WIT N E SSE T H:
The F'cu"ty of the Fir'st F'at"t. fot" and in consider'cation of the pt"eHnises ~r
the sum of TEN ($l!lJ.fZHl)) DOLLARS AND OTHER GOOD AND VALUABL~:: CON~IDERA"frDN in
hand p~id,
9 t" cH\ t s ,
bat"'ga ins,
se 11 s,
~ 1 i en s ,
t'amises, ,"eleases, conveys c
canfi,"'ms to the F'a."ty of the Second F'at"t, their' hei,."s and assisns fOI"evet', U
t'ecll pt'ope,'t}1 in the COllnty of r1ont"oe, State of Flot"ida, as desc:t"'ibed a$1
Lot 3, Bleck 13, SUNSET COVE, as per plat thereof duly
re~orded in the Public Records of Monroe County,
FIof'fda, in Plat Book 1, at F'age 165.
TO~ETHER WITH all improvements located thereon.
TOGETHER,
WITH all and singular the tenements,
he,."ed i tamen ts
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apPLu't.anc.;,e=.o belc:>nsi.ns Ot" in anywise c51pper'tainins to that t"e~l pt"'ope,"ty.
61 GNL U, bt:.ALE. U AI\lU
VEL 1 V,~ y~~ -, HE J
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f:.j'1/"lA 5. WH 1f E, as Pet'sana 1 h'ep t'Esen t a
of the Estate of LLIFFURD A. WHITE, de
o / /7./\
BY: /t~ ~--!,{.' (.~ r !c--''-1~~-tf
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STA1 E OF t1ASSACHUSE11 S
COUI\ITY OF
BefOt,E.' me the Linder's isned au thOt'1 ty, per"sona 11 y appeat'ed Et1t1'~ s. {~H
who i. 5 to me ~/e 11 known and known to me to be tt,e i nd i vi dLla 1 who e:~E?C u t
-fl,;,"H'egc.dng F"et'5onal Rept'esentat1ve '$ Deed, and he i\CknOl....ledead befOt,E.' me
executed the same for the purposes therein eupressed.
WITNESS my hand and offlci~l se~l
of the. afot'esaid Count}-' and Stste~ this
in the Ci ty of f{~
J~t day of ~pt-i 1, 1981.
~
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NUTARY f-' L1C, State of NC\ssachLtsetts
11y COmml,$:\~n E"p i t'es: 17'/7., 1'190
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'1 HI S H-.lS Tn'Ur1~Nr F'f~EF'ARE.U BY:
Kat'en A. ROoks, Bt"'c:\nch l\lc:\n~~3 et'
GREAT AMERICAN TITLE & MORT'GAGE
10315RJ Ovet"'seas Highway
Key Lareo, Florida 33037
(311J5) .q 51-448,3
COMPANY
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