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03/07/1990 LEASE AGREEMENT This Lease Agreement made and entered into this ~ day of ~~ ' A.D. 1990, by and between the COUNTY OF MONROE, State of Florida, hereinafter called the Lessee, and CARIBBEAN LAND MANAGEMENT, INC., whose mailing address is P.O. Box 357, Key Colony Beach, Florida, 33051, hereinafter called the Lessor. WITNESSETH: WHEREAS, the Lessor hereby leases certain real property located at Marathon, Monroe County, Florida, as owned by the i- Estate of Joseph Schwart, and as part of Govt. Lot 2,~ec. 10" ...." o i:::J \0 __ . . 2' ..!;;., 0 r- Township 66 S., Range 32 E., also depicted in Exh1b1t~~:ef this :-" ~ 0 ::t:J . ''11 agreement, and property, ...... \0 the Lessee wishes to obtain a sub-lecise on the .'0 -0 :~ A ':..., .b:. :~:J N :-u ":J NOW, THEREFORE, in consideration for the rent to be paid to WHEREAS, Lessor, the terms and conditions herein, and other good and viable consideration the receipt and sufficiency of which is hereby acknowledged, the Lessor and Lessee agree as follows: 1. LEASE OF PREMISES. Lessor hereby leases to lessee the Property for the Term described in paragraph 2, subject to the timely and prompt payment of rent and the full and complete complian1ce by Lessee with the terms and conditions herein. 2. TERM. Unless terminated earlier because of the failure of the Lessee to abide by the terms and conditions herein, 1the term of this Lease shall be for one (1) year. Said term shall commence upon the date this lease is signed by the Lessor al1d signed and/or approved by the Board of County Commis- sioners of Monroe County, Florida on behalf of Monroe County, Florida. Upon concurrence by both parties, this agreement may be renewed for 10 successive three (3) year term, after the initial One (1) year term. The Lessee may terminate the agreement at any time by providing the Lessor written notice at least 180 days in advance. 3. RENTAL. There shall be due and owing to Lessor, and Lessee shall promptly pay to Lessor during the term of this lease, on the first day of each month during the term of this lease $2000. per month. Said rent payment shall be paid before the 10th day of the current month for the preceding month's rent. Payment of rent shall be made by mailing or delivery of such to Caribbean Land Management, whose mailing address is P.O. Box 357, Key Colony Beach, Florida 33051. In the event this lease is approved and becomes effective on a date other than the first day of a calendar month, Lessee may take possession of the premises upon paying Lessor rent pro-rated for that month, and in said event the One (1) year term of this lease shall commence on the first day of the next calendar month. 4. CONDITION OF PROPERTY. The Lessee acknowledges and agrees that it has examined the Property and is fully advised of its conditions. The Property is being leased to Lessee as is, WITH NO REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IM- PLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTIC'ULAR USE, CONDITION, DESIGN,' CAPACITY OR OTHERWISE. 5. SITE PLAN. Upon execution of this agreement, a joint site plan, containing projects sponsored by both the Lessor and Lessee, ,and attached hereto as Exhibit A of this agreement, will be submitted for approval by all required agencies. Though Exhibit ~~ represents a joint site plan, Lessor and Lessee will be individu.ally responsible for all actions related to their respec- tive projects, including, but not limited to, application for all permits, payment of all fees, and landscaping/site work. 6. GRANTING OF EASEMENT. As the property to be leased is currently unaccessible by road, this agreement is hereby contingent on proper access being provided. Therefore, Lessor hereby grants to Lessee a Right of Access easement, the dimen- sions and location of which are detailed in Exhibit A of ~~ agreement. All costs for paving and maintaining this area shall initially be the sole responsibility of the Lessee. Upon permit- ting of the Lessor's project detailed in Exhibit A, Lessor shall reimburSE~ the Lessee for all costs associated with that portion of the easement sitting perpendicular to U.S. Highway 1. Lessor will be responsible for all maintenance costs on this same portion of easement from that point forward, with the exception of those associated with the Lessee's project, i.e., construction for placement of utilities, ect., Lessee will continue to be responsible for all costs associated with that portion of ease- ment parallel to U.S. Highway 1., as shown in Exhibit A of this Agreement. 7 . REPAIRS, MAINTENANCE, AND IMPROVEMENTS. After the executicln of this Lease the Lessee may take immediate possession of the Property and commence any and all repairs, maintenance and improvell1ents allowed by State or Federal Law, Monroe County Code, or any other applicable regulations, provided such are performed in a pru.dent and good and workmanlike manner. Payment of all related costs shall be the sole responsibility of the Lessee. 8. INSURANCE REQUIREMENTS AND LOSS. Lessee shall carry during the term of this lease public liability insurance, includ- ing bodily injury and property loss for damage, to cover all claims, demands or actions by any person or entity in any way arising from the operation, use, or possession of the property by Lessee. Such liability insurance shall be in an amount not less than $100,000.00. After taking possession of the Property, Lessee s"hall furnish Lessor with a certificate evidencing the insurance required by this paragraph 8. Lessor may, but is not obligated to, purchase its own insurance. In no event will Lessor be liable for any actual, consequential or special damages resulting from the loss or destruction of the personal property of the Lessee at the Proper- ty. 9. INDEMNITY. Lessee shall indemnify, defend, and hold Lessor harmless from and against any or all demands, suits, fines, l:lability, loss or damage (including costs and attorneys' fee) whatsoever which Lessor may incur or become liable for as a result of Lessee's operation, use, or possession of the Property, in accordance with the limits and provisions set on governmental entities in Florida Statute 768-28. 10. COMPLIANCE WITH LAW. The Lessee shall comply with any and all applicable statutes, ordinances, rules, order, regulations, directives and requirements of the federal, state, county and city governments. 11. UTILITIES. All utilities and services for the Property' shall be paid for by the Lessee. This includes, but is not limited to gas, water, electric, sewage, crime lights and trash removal. 12. TAXES. Lessor agrees to pay any and all real proper- ty taxes for the Property, and any additional assessments. 13. TOWING OF VEHICLES Any arrangements for the towing of vehicles parked on the Property without authorization shall be arranged for by Lessee and Lessee shall assume all liability for said towing which is not assumed by the towing company. 14. ASSIGNMENT. The Lessor may assign, sell or otherwise transfer this Lease at any time, but rent shall continue to be paid to the Lessor until Lessee receives written notice of such transfer. The Lessee may not assign, sell or sublease this Lease at any time, and any such assignment, sale or sublease by the Lessee s~hall be null and void. 15. ENTIRE AGREEMENT. This Lease contains the entire agreemen't between the Lessee and the Lessor and it supersedes and merges hlerein any and all prior or contemporaneous correspon- dence, clommunications and agreements related to the lease of the Property. This Lease cannot be amended except by a written instrument signed by the Lessor and the Lessee stating that it is an amendment to this lease. 16. LIENS. The Lessee shall keep the Property free and clear of all liens arising out of any work performed, materials furnished, or obligations incurred by or for the Lessee. 17. WAIVER. No provision of this Lease may be waived except ill writing signed by the waiving party. No waiver by the Lessor o:r a breach of any provision of this Lease should be construec:l as a waiver of any subsequent or other breach whether the same of a different character. 18. HEADINGS. The headings in the provisions of this Lease are for 1~eference only and should not be used to construe the terms and conditions of this lease. DATED this 1iL- day of 4,.d West, Monroe County, Florida. A.D. 1990, in Key BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ok By Mayor/Chairman (SEAL) Attest:DANNY: L.. KOLHAGE Clerk , .. - .' L APPR(] VE:'-: :. (,\'7::.,1 8Y~_~~~ AU:_;~~'~:~:; C //, {. e "'if,, 11 HI fIXf:f ~---_.------~--~_.----.--'~ .. ..__.~-----~_. . ,...-r-4....... ...v- _.,..._..,...-~--4' '=i' - . F...< ,..- -.,.--.-,---.'" ~ rI-" ,.~..- , \ ~\ I \ , -:-t (" . ~T- .~ ': -, ~ ' j 1 ~--- ......-.... .W" - \ ,\ t I ~...., :~\ -- ..,.1 ~. ~r.~.-'::'.' i-. ..", ' . '~.' ~ r,?- . ), f)..... ~ >.. \\\ " -~ ~ ~ .~ >...~ ~ ~~ ~ ~~ ... ~ %~~ / ! \ N' · ! f l fl () ~"-. ...'.' t-f ~. W ......". ... .::. " ~t4m- 8W{JtS' ~~~ i~ ~tr _ :\1 _ _ s:: .~ ! ~l s:- ~ ... 12...'1::: . d- I , , I f I f \ \ ~~\ \~ 1 ~ ~~ -t; J.\ " ~ "",', .\\ l ~ ~ ~ ~. '~'1. IF 1"" . (- ,..' : ... '; ; "~ ~ S\\'ORN STATEMENT UNDER SECTIO~ 287.133(3)(a), FLORIDA STATUTES. ON PUBUC ENl"IIT CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE' OF A NOTARY PUBUC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or ~ntract No. fur lease of real property in Marathon; part of Govt. Lot 2,. Sec. lO,.Township 665, Range 32E. . This sworn statement is submitted by CAR IBBEAN LAND MANAGEMENT ~ INC. [name or entity submitting swom statement] whosebusinessaddressis P.O. Box 357, Key Colony Beach. FL 33051 2. and (if applicable) its. Federal E:r:nployer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn 55#004-66-4005 statement: .) 3. My name is JON CIANCHETTE and my relationship to the [please print name of individual signing] entityn~edaboveis Sole owner of CariblJean Land Management, Inc. 4. I understand that a IIpublic entity crimell as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or.. federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or servi,:es to be provided to any public entity or an agency or political subdivision of any other state or o:f the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or Slate trial coun of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an lIaffiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes. means: 1. .~. predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the .. entity and who h~ been convicted of a public entity crime. The term "affiliateD includes those office:rs, directors, executives, partners, shareholders, employees, members, and agents'who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convi.cted of a public entity crime in Florida during the preceding 36 months shall be considered an affili,~ t e. 7. J. understand that a IIperson" as defined in Paragraph 287.133(l)(e), Florida Statutes', means any natural person or entity organized under the laws of any state or of the United States with the legal powe:r to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, share~holders" employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] '., - - f J ~ x Neither the entitv submitting this sworn statement, nor any officers, directors, executives, .. ' partners, shareholders, employees, member&. or agents who are active in management of the entity, - nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. . _ The entity submitting this swom statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity. or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1.. 1989. Atm. [Please Indicate which additional statement applies.] _ There has been a proceeding concerning the conviction before a hearing' officer of the State of Florida. Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [Please attach a copy of the Onal order.] _ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy or the Onal order.] _ The person or affiliate has not been placed on the convicted vendor list. [please describe any action taken by or pen log with the Department of General Services.] o STATE OF FLOR IDA COUNTY OF~ Mnl\n~ nf PERSONALLY APPEARED BEFORE ME, the undersigned ~uthority, JON C IANCHR1TF. who, after first being swom by me, affixed ~ signature [name of :individual signing] in the space provided above on this 19th day of C ~? March. 19 My commission expires: Notary Public, State of Florida My Commission Expires Aug. 22, 1991 Bonded Ttuu Tro)' Fain · Insurance Inc. For~ PUR 7068 (Rev. 11/89)