09/01/1988 to 08/31/2008 08/16/1988
lDannp I.. Itolbagt
BRANCH OFFICE
3117 OVBItSEAS HIGHWAY
MARATHON, FLORIDA 33060
TEL. (306) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294..4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (306) 862..9263
MEMORANDUM
--~-----._-
To: Dent Pierce
Assistant County Administrator/Public Works
Prom: Rosalie L. Connolly, Deputy Clerk
Subject: Resolution No. 380-1988
Date: August 23, 1988
As you are aware, on August 16, 1988, the Board of County
Commissioners adopted Resolution No. 380-1988 authorizing
the Mayor/Chairman of the Board to execute a Lease Agree-
ment by and between City Electric System and the County
concerning premises to be constructed on Big Pine Key
and used for an Animal Shelter and office space for City
Electric.
Attached are three certified copies of the subject Resolu-
tion and two originals and one copy of the Lease Agreement
which is now executed and sealed on behalf of the County.
It is our understanding that your office will handle
obtaining the remaining necessary signatures. Please be
sure to return one original (with plans) to the undersigned
immediately after proper execution.
Please note that each of the originals has a set of plans
attached thereto marked nExhibit B" and as discussed by
phone this morning wi th your Mr. Binns, any devia'tion what-
soever from these plans must be taken back to the Board.
If you have any questions regarding this, please contact me.
CC: Mayor E. Lytton
County Attorney
County Administrator
Finance Director
.:1.1.9
LEASE AGREEMENT
THIS AGREEMENT made and entered into this ~~4 day of
4~.~t' , 1988, by and between CITY ELECTRIC SYSTEM OF
KEY WEST, FLORIDA, hereinafter designated as the Lessor, and
COUNTY OF MONROE, a political subdivision of the State of
Florida, hereinafter designated as the Lessee.
WIT N E SSE T H:
FIRST:
The Lessor, in consideration of the rents herein-
after reserved and of the covenants and agreements herein ex-
pressed on the part of the the Lessee to be kept, performed and
fulfilled, has demised and leased, and by these presents does
demise and lease unto the Lessee all the following described
property, situate, lying and being in Monroe County, State of
Florida, to-wit:
A part of the Northwest Quarter of the
Southwest Quarter of Section 25, Township 66
South, Range 29 East, on Big Pine Key, ~Monroe
County, Florida, and being more particularly
described by metes and bounds as follows:
COMMENCING at the Northwest Corner of the
Northwest Quarter of the Southwest Quarter of
Section 25, bear South, 1320 feet to the
Northwest Corner of Silas Knowles Subdivi-
sion, as recorded in Plat Book 1, at Page 61
of the Public Records of Monroe County,
Florida j thence bear East, 50 feet to the
POINT OF BEGINNING of the parcel hereinafter
described; from said POINT OF BEGINNING,
continue East, 280 feet; thence bear North,
70 feet; thence bear West, 280 feet; thence
bear South, 70 feet, back to the POI.NT OF
BEGINNING, containing .45 acres.
Said leased area is graphically shown on Exhibit "A" attached
hereto and made a part hereof.
TO HAVE AND TO HOLD the above described property unto the
Lessee for and during the term of 20 years, commencing on the 1st
day of September, 1988, and ending on the 31st day of August,
2008.
.4
SECOND:
The Lessee, in consideration of the leasing of the
property aforesaid, does hereby covenant and agree to and with
the Lessor to pay rent as follows:
\
The Lessee covenants and .'agrees to pay the Lessor as rent
for said demised premises during the said demised term of 20
years, the yearly rental of One Dollar ($1.00), which rental
shall be paid on or before the 1st day of September of every year
during said demised term.
THIRD:
As a further consideration for the leasing and
demising of the aforesaid premises, the Lessee further covenants,
promises and agrees to use the said premises only for an Animal
Shelter and to provide office space for City Electric System of
Key West, Florida. Plans for this structure are attached hereto
and marked Exhibit "B".
FOURTH:
It is hereby covenanted, stipulated and agreed by
and between the parties hereto, that there shall, during the said
demised term, be no mechanics' liens upon any building or im-
provements which may at any time be put upon or be upon the
demised property. iIJ'(l p,
tVf=HT~ 'I' ..' f{.p.f?
FIFTH: 1\ Lessor nor Lessee shall HI L have the right to
sublet or assign this Lease.
~fE'T+4r'eS2fl,I1.P. jltlt,q
SIXTH: 1\ Lessor nor Lessee shall ~ be liable for tort
claims or judgments that exceed the sums of $100,000 per person,
$200,000 per occurrence for bodily injury and $100,000 for
property damage.
Florida Statutes.
This is in compliance with Section 768.28,
SEVENTH: It is further covenanted and agreed by and between
the parties hereto, that in case, at any time, default shall be
made by the Lessee in the payment of any rent herein provided for
upon the day the same becomes due and payable, or in failure to
perform any of the covenants of this Lease, and such default of
payment shall continue for 30 days after notice thereof is given
in writing by Lessor, or failure to correct any violation shall
continue for 10 days after notice thereof is given in writing by
the Lessor, or its agents or attorneys, to said Lessee may, at
its option, forthwith declare this Lease forfeited and may
,.
immediately reenter and repossess said leased property.
EIGHTH:
Lessor shall indemnify, defend, and hold Lessee
harmless from and against any and all claims and actions whatso-
\
ever that resul t form the Lessor's use or possession of said
leased real property.
NINTH:
Lessee shall indemnify, defend, and hold Lessor
harmless from and against any and all claims and actions whatso-
2
ever that resul t form the Lessee's use or possession of said
leased real property.
TENTH:
It is further agreed that the Lessee shall be
responsible for mainten?nce of the structure during the term of
this lease with the exception of the interior of the intended
office space for the Lessor.
ELEVENTH:
It is further mutually covenanted and agreed
between the parties hereto that no waiver of a breach of any
covenants of this Lease shall be construed to be a waiver of any
succeeding breach of the same covenant.
TWELFTH:
It is fully understood and agreed by and between
the parties hereto, that it is a condition of this Lease that any
structural improvements made upon the said premises shall remain
as is upon termination of this lease, and title thereto shall
thereupon vest in Lessor.
IN WITNESS WHEREOF, the parties have caused these presents
to be executed as of the day and year first above written.
CITY ELECTRIC SYSTEM OF
KEY WEST, FLORIDA
By
(SEAL)
Attest:
. (2IJ-8f ~
RotIert R. Pa<lnm,Clcfttary
& General Manager - CES
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
Attest: ~ANNY L. KOLHAGE, Clerk
BY&~ ~
\
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
BY Coj~J: ~
Attorney's Office
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, Id .081
EXHIBIT "Aft
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AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF MONROE )
BEFORE ME, the undersigned authority, personally appeared
WILLIAM CATES, Chairman of the Utility Board of the City of Key
West, Florida. Said Utility Board is the governing body for the
City Electric System of Key West, Florida.
WILLIAM CATES, upon being first duly sworn, deposes and
says:
1. That the City of Key West. Florida, is the owner of the
following described real property, to-wit:
A part of the Northwest Quarter of the Southwest
Quarter of Section 25, Township 66 South, Range 29
Eas t , on Big Pine Key, Monroe County, Florida, and
being more particularly described by metes and bounds
as follows: COMMENCING at the Northwest Corner of the
Northwest Quarter of the Southwest Quarter of Section
25, bear South, 1320 feet to the Northwest Corner of
Silas Knowles Subdivision, as recorded in Plat Book 1,
on Page 62 of the Public Records of Monroe County,
Florida;. thence bear Eas t 50 feet to the POINT OF
BEGINNING of the parcel hereinafter described; from
said POINT OF BEGINNING, continue East, 280 feet;
thence bear North, 333 feet; thence bear West, 280
feet; thence bear South 333 feet, back to the POINT OF
BEGINNING, containing 2.14 acres. Less the Southerly
70 feet of the previously mentioned tract containing
0.450 of an acre.
2. The Utility Board of the City of Key West, Florida, has
leased the above-cited real property to Monroe County, Florida,
so that Monroe County, Florida, can construct an animal shelter
on the premises.
3. The Utility Board of the City of Key West, Florida, has
authorized Monroe County, Florida, to apply to the Department of
Environmental Regulation for the necessary permit(s) to construct
an animal shelter on said premises. The Utility Board of the
City of Key West, Florida, also authorizes Monroe County,
Florida, to apply for any other permits that are necessary to
construct an animal shelter on the premises.
-
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4. Affiant further states that he is familiar with the
nature of an oath. Affiant further certifies that he has read
the full facts of this Affidavit and understands its context.
Wlfr!~TES ( &C
Chairman
Board of Directors of the
Utility Board of the City of
Key West, Florida
SWORN TO AND SUBSCRIBED before me this 1st
day of
February
, A.D. 1989.
(Seal)
My Commission Expires:
r~O~""Y Puai;l, Sii1t~ (if r'~ur~!ia
My Commission Exp~res June 1)7, 11991
landed Ill1... I~Y. fain :Ins~a:.~n_~_. ~~
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