05/25/1989 to 05/24/1999..11/01/1989 Lease
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jDannp JL. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 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. (305) 852-9253
M E M 0 RAN DUM
To: Randy Ludacer, County Attorney
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From: Rosalie Connolly, Deputy Clerk
Date: November 9, 1989
Subject: Resolution No. 683-1989
Attached hereto is Resolution No. 683-1989 adopted November 1st
and the copies of the Agreement with Big Pine Key Athletic
Association, Inc.
Your attention is called to Minute Page QQl27 wherein certain
amendments to the Agreement were ordered by the Board. The
Resolution and Agreements approved by you and sent to our office
yesterday for final execution do not contain these amendments.
Therefore, we are returning these documents to you for handling.
Please note that we have retained the signature pages in this
office.
Rosalie L. onnolly
Deputy Clerk
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Attachments
cc: Mayor J. Stormont
County Administrator T. Brown
File
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BUSINESS LEASE
THIS LEASE MADE AND EXECUTED BY AND BETWEEN THE BIG PINE KEY
ATHLETIC ASSOCIATION, INC. a Florida Corporation, herein called
"Association" and the COUNTY OF MONROE, STATE OF FLORIDA, a polit-
ical subdivision of the State of Florida, herein called, "County".
WIT N E SSE T H
That the Association leases to County, as herein provided,
the real property and improvements thereon located on the follow-
ing described real property:
Parcel IJ, PINE KEY ACRES, Big Pine Key, Florida as recorded
in Official Records Book 509, at page 1047 of the Public Records
of Monroe County, Florida, and
Parcel JJ, PINE KEY ACRES, Big Pine Key, Florida, as recorded
in Official Records Book, 509, at Page 1047, of the Public
Records of Monroe County, Florida,
SUBJECT, NEVERTHELESS, TO THE FOLLOWING:
1. Zoning ordinances of Monroe County, Florida.
2. All oil, gas and mineral rights.
3. Easement of ingress and egress and for utility purposes,
all in accordance with the dotted lines as shown in
Official Records Book at pages 1047, 1048 and 1049.
The term of this Lease is Ten (10) years beginning May 25,
1989 and ending on May 24, 1999, said lease being under the fol-
lowing terms and conditions:
1. The total rent due under this Lease is one dollar ($1.00)
2. The premises leased are to be used as a recreation-
al/park area.
3. The County shall make no improper, unlawful or offensive
use of the said premises.
4. The Association or its agent shall have the right to
enter upon the leased premises at all reasonable times for the
purpose of viewing and inspecting the conditions thereof.
5. During the term of the lease, the Association shall:
a) take out $1,000,000.00 in Liability Insurance to save
the County harmless against liability resulting from injuries to
persons or property on or about the leased premises by reason of
the County's occupancy or use thereof;
b) name the County as a co-insured with the Association and
provide the County with a complete copy of the policy for review
prior to reimbursement of the Association;
c) obtain such insurance up front, and the County shall
reimburse the Association for the cost of the insurance.
6. The County shall not sublet this lease, nor encumber the
leased premises in any manner whatsoever, without the prior writ-
ten consent of the Association.
7. The use of the concession stand, located on the above
described real property is to be granted solely at its own discre-
tion.
8. The County shall maintain the
facilities, playing fields, fences, and
usable manner.
premises,
lights in
structures,
a safe and
9. The County shall
utilities utilized on said
and trash removal.
be responsible for
premises, including
and pay for all
water, electric
10. The County reserves the right, at its own discretion, to
maintain or improve the subject property or improvements thereon
and treat it as any other unincorporated park or beach that is
maintained by the County of Monroe, State of Florida.
11. This lease supersedes and cancels all previous agree-
ments between the Association and County herein.
12. The Association shall schedule all events except those
deemed to be of a special or irregular nature, in which case
procedures for using County property for special events, as incor-
porated below, shall be followed:
If a group or organization wishes to use County property for
Special or one-time events, the following procedures will be
followed:
1. All requests must be approved by the County Adminis-
trator and/or the Monroe County Board of County
Commissioners. Therefore, requests should be submit-
ted as soon as practicable and at least 1 month
prior to the scheduled date of the event, if re-
questing any special considerations (waiver of
fees, alcohol consumption or sales, fund raising,
extended hours, etc.).
2. The request must be made on the "Request for Use of
County Property" form.
Requests will be submitted to:
Office of the County Administrator
Public Service Building, Wing 2
Key West, Florida 33040
3. All requests are subject to review by the County
Administrator.
4. Deposits for clean-up, security, or related
expenses may be required as necessitated by the
type of event.
5. Waiver or imposition of fees for the event may be
enacted~y the Board of County Commissioners.
6. Sponsor may be required to execute a hold-harmless
agreement and/or furnish appropriate insurance
naming the County as additional insured, limits of
which will be contingent on the nature of the
event.
7. Other actions or restrictions may be imposed by the
Board of County Commissioners, based on local,
State or Federal law, including, but not limited to
Monroe County codes.
13. Upon the performance by the County of the covenants
hereinbefore set forth, the Association shall permit the County
to quietly hold and enjoy the demised premises without any inter-
ruptions by the Association or by any person or persons claiming
by, through or under it.
14. The County shall have the right, at the expiration of
this lease, to remove any machinery, equipment or property placed
upon the premises and return the leased premises to the Associa-
tion in the same condition existing prior to its occupation of
the premises under the lease.
of
A,::ED TO BY
J~'Il'l~
,
AND BETWEEN the parties on this
, 1989.
1ST
day
Witness
Big Pine Ath1eti~Association
By:
William L. Lemon, Pres.
.
Witness
f
Witness
DAN1\ry L. KOLHAGE, ~lerk
County of Monroe, State of
Florida
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Wltness
BY:
lrman of the Board of
C nty Commissioners of
Monroe County
", .
AM~VED AS "0 FCRM
AN7tt::"C} NCr.
BY ~_ .______
Atwmf'Y'8 Olfice