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08/10/1976 LEA S E THIS LEASE, made this 10 day of lr~gust A.D., 1976, by and between THE MOST REVEREND COLEMAN F. CAR:ROLL, as Archbishop of the Archdiocese of Miami, His Successors in Office, a Corporation Sole, hereinafter ref.erred to as the Lessor and the BOARD OF COUNTY COMMISSIONERS OF lY10NROE COUNTY, FLORIDA, hereinafter referred to as the Lessee and the MARATHON JAYCEES, INC., a Florida non-profit corporation, of Marathon, Monroe County, Florida, hereinafter referred to as the Lessee's Manager. WITNESSETH, that in consideration of the covenants herE~in contained, on the part of said Lessee and Lessee's Mana.ger to be kept and performed, the said Lessor does hereby le.ase t<D the said Lessee, the following described property: See attached survey~ TO HAVE AND TO HOLD the same for the term of one (1) year from the I () rH day of ~ , A.D., 1976, the said Lessee paying therefor the annual rent of One ($1.00) Dollar, receipt of which is hereby acknowledged, upon the execution of this lease. Said lease shall be subjlect to the following conditions and understandings: 1. Said property shall be used as a softball field and flag football field, and for no other purpose without prior approval of the Lessor. 2. The Lessee shall provide evidence of liability insulrance in a minimum amount of Three Hundred Thousand' ($300,000.00) Dollars with said insurance naming the Lessor as an additional name:d insured. LAW OFFICES OF JOSEPH M. FITZG,ERALD, P.A., 502 SECURITY TRUST BUILDING, MIAMI, FLORIDA 33131 3. The Lessee shall hold harmless the Lessor from any and all manners of actions or causes of action that may accrue as a result of the Lessee's use and occupancy of the premises and in the event any suit is instituted, Lessee agrE~es to defend same at their expense and to hold the Lessor harmless from any and all liabilities. 4. The Lessee may construct a back-stop on the lease- hold property, provided, however, that said construction shall not take place unless the Lessor has given prior approval of the plans therefor. 5. The Lessee shall not construct any improvements on 1:he property without prior written consent of the Lessor. 6. The Lessee covenan~s and agrees they shall keep the leasehold premises neat and orderly. 7. It is understood between the parties that while the use of the field is for the benefit of the Lessee, this is in part a community project and the Lessee shall .arra.nge for parties other than members of the Lessee to use the field from time to time. 8. The Lessor shall be responsible for general mowing of ithe leasehold premises, other than the in-field of the sofitball field. 9. This lease may be renewed from year to year for a period not to exceed ten (10) years at the option of the Lessor upon the same terms and conditions as this lease provided that the Lessee gives written notice to the Lessor of its intention to so renew at lease thirty (30) days pric)r to the expiration of the term. 10. That the Lessee is hereby authorized by the Lessor to place capital improvements upon said property not to exceed Fiv.~ Thousand ($5,000.00) Dollars in value during the year of .this lease. Said improvements shall at the expiration Page Two LAW OFFICES OF JOSEPH M. FITZGERALD, P.A., 502 SECURITY TRUST BUILDING, MIAMI, FLORIDA 33131 of -this lease become the sole property of the Lessor. Sai<l capital improvements shall consist only of fill, sand, dirt or sod and toilet facilities. 11. The Lessor reserves the right to exclusively use the leased premises during church and/or school hours and neither Lessee nor Lessee's Managers shall interfere wi tll that use. 12. It is understood herein by all parties signatory herE~to that the Lessee shall in its stead and does hereby graIltto the Marathon Jaycees, the right to manage said leased premises and said Manager shall operate and maintain during the term of the lease a recreation program on said preInises which shall include organized softball and flag foo.tball programs for the ci tizens of Monroe County, Flol~ida . Said Managers shall work closely with the San Pablo Catholic Church toward the end that the church's wishes and rig11ts hereunder are protected and followed at all times. Said Managers shall make said leased premises available to all persons without regard to race, color, sex, creed or age at all reasonable times and shall exercise such reasonable supE~rvision and control over said premises as may be neces- sary and proper for full utilization of the premises for recreational activities. 13~ That Lessee shall maintain and provide on the leased premises toilet facilities for persons who use the prQI;>erty. 14. That the Lessee's Manager shall see to it that perE~ons and children using the leased premises shall not be llnattended. 15. The Lessor reserves the right to cancel this lease at any time upon giving thirty (30) days written noti.ce to Lessee. Page Three LAW OFFICES OF JOSEPH M. FITZGERALD, P.A., 502 SECURITY TRUST BUILDING, MIAMI, FLORIDA 33131 16. Any notices required by this lease shall be givE~n to the Lessor at 6301 Biscayne Boulevard, Miami, Flol:-ida and to the Lessee at Office of the Mayor, Monroe County Courthouse, Key West, Florida. THIS LEASE is executed as of the day and year first above mentioned on behalf of the Lessor, Lessee and Lessee's Manager. Signed, Sealed and Delivered in the Presence of: THE MOST REVEREND COLEMAN F. U CARROLL, as Archbishop of the Archdiocese of Miami, ~ N'" ,f His Successors in Office a Corpqration Sole ;~~~ , ,"' .- ~t 't-, i:"-<'~.,, "1/ L ,-, ., ~. \.. .rt, ,~)' /? ~l(ft/ ~?/&1:;1: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: ~,/ ~ ( Mayor an~~m~ (SEAL) MARATHON JAYCEES, INC. ~ .21. ~!--BY: ;e~~t2~ f Pre s l.den d~ ATTEST: (SEAL) ~ \ // \..,/ ~ ~. )/) J( ~ l1.1f.-,ttf/ l_ , Secretary "/) .,'---~--- /'" / ., ,,"'''' i ; ~/. ) 1 4'-"""" ~/ ,-..../ '. , t,' f> 'fA ~,.;;/' (SEAL) Page Four LAW OFFICES OF JOSEPH M. FITZGERALD, P.A., 502 SECURITY TRUST BUILDING, MIAMI, FLORIDA 33131 ',~ ~' .~ C), ~ .. III (,~ ~ ~ Vi , '. '. .... ~<'~~..",i:;:..~..t.:! ..J.... :~.' .": ~ ,n1 ~l. . ~ '": "". '. ."' ., f.~" ..... '. ..-1"~ _, _-. . -", ~: . ' ..<:"d~,/~: ~~ ~'.~ ".f' ;, . \ . '1, " ,[1, :.~:';'~'C. :G~ '~BAJLEY & ASSOCIATES - :<:".~,-' " '. . '.LANO SURVEYORS; <." '. . , )~:;"~-,, '.. P~T ~F~'Ce .B,?" 728. MA~ATHON~ FLORIDA 33050 ',. . i'C. ... . ':."~.'''l.' '~_., :',".'. .-,..'.;,....'..._...<...~_._; ...=7'-"'~'.~ .:r. ' ','_, >:<'<A . ,~.,~:~ TEL E PHO ~& 289-0888':.,. ~:." :.-\,~<..~~.. '. ~.'. '.. SU8JEcti~::.;' .... _..~;.):..::}y:~ .... , ~,.~'~::. ?g~}: .,.. .:"t..~ ~~~., ': ~~... '..' . . ' .....,.t . .' ~:\:..., . , - /1 :~.... ..; , l' ~ ~ " ~ if ,~.. ;:.".'...: , ,:' ~>':.: -' :"-? j, . 'y-'~...li~~S. H- W:.~",t!e, t J ,:"- .~.,., . '. .~: ~ ..' . ~:,) t c <::. , H:11,.'fI '-.; 51e< ..... 10 . . ._~ t f : ..{~ ~,;.' tij: .', . . ~ ,.f.J' .' ,10 ~ ~ ",y ::> "-J C:' . (J"'" '~ti "" 'r-'~ ~, . ~ J. ~ "J '. ~ ,~. ,ll!';. ;:? d. r- '" ~ N.' 0:.:. ~ ....,. -q: '~ ~ ~ -]: Q.. · .~ ',. Cr: -:;;;..-. -IL7C:'Jl eS(J(i.M..:~ ::'.,... .,~ - ~- , .-. ----SA~.V~..P,r5U.7'SCH{]aL~. '. ~ u:; . . LCC~'c-arl~,.:1/1~;OO:.-:..E ry~' I ~-,_.'l . '..J, . f.. ,4. . ' ~:~ _~_;~j'~ J ~ ..--;' .~ .." ~ :)J. " ..,..... .~ ~ ~ , , 's.t~ . ~ ;. COM~. BV':- C, G .. '6. .,' "_~ ~HK. iV-. "~'C .~>,' DATa: :' C;fi3i7G.' ", . ". . sHEeT.~ , ; '. '. .. <. . .'. -' :.;:' JOB ~O~).J~.\(CEe:S,. ... ""~t. .'- '(~"~ l(1dicOl~. J/4"piMS' ~J. ~. !l1d"cal~s 40J jo,kl'S' $Cf ill' Pover:~l,f, . . , .If..... ...... 1,.(' 'l:- #> PLAT OP SURVEY 'OF A PART OF . GOVERNMENT LOT 3, SECTl.ON5. T.66S,.-~ R.33.B., ON CRAWL KBY NO.1, 'MONROE COUNTY, FLoRIDA. . . ...... . <f", U.. 5 H!G,' H'WAY NO. I - :.. . , .":-' ..'" . $., 77 ':5/ W, 500'" ~ ' , w.~. _.. 1 \ ..\ . dt . 1 ti · ~ J ~ I' ~.: -.J~ \ ~.. .~ I '-f:.. ~ I ~.. I lO i f ~ J.4(; ,4c. I- ~' '" ~ --- ... --~-'-'::-:--'~;- .~~ ~1 llJ ~ ......_~ ~ . ~ \.f) tflCr l'v Gl- ~ tll - Cy ~. .~ ~ ~~. ~: 1 ...... ',: '::): ~t.J ~ >. . . .~~ DESCRIPTIO!.!.: A tract of' land in a part":of Government Lot }, Section 5, T.66S., R.33E., on Craw~ K:ey No.1, Monroe .County, Florida and being more particularJ.y described by metes and bounds as follows: COMMENCING at the intersectton of Soutll rlgh.t~of--way line of U .3. Highway No. 1 and the West right-of~way line of Yacht H:arbor' Drive of "EBERHARTER SUBDIVISION" t as z-,ecorded in Plat Book - 3. at Page 129 ot the Public Records 'of Monroe County, F~or1da. bear South 77 degrees and 51 minutes East, along the South right-of~way line of U.S. HIghway No.1, 500 feet to the East Line of the Thompson Estate; thence bear . South 1'2' degrees and 09, minutes East, along the East Line of the Thompson Estate, 306.08 feet; thence bear North 76 degrees and 51 minutes East, 500 feet to the West' right-of~way line of Yacht Harbor Drive; thence bear North 12 degrees and 09 minutes West, 297.35 feet, back to the POINT OF BEGINNING, containing' 3.46 acres I HBRBBY CERTIFY: That the attached plat and description are 'true and correct to the best of my kno~ledge and belief as surveyed, platted an~ pr~~ed by m ~:::~<:~~-'~~i~~~i;f ' ~ ....-:. ...l.....f:!Ihr-..... ... .).., ~~ ~ Jt. ~ '..~': ~~ - '..#: ~ ~ .,.;.~ ~ :j~ ~1~F" e.G. ~ey,. Reg~ Fla. Land Surveyor' No'. 620