11/15/1993LEASE AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of
November A.D., 1993, between the CITY OF KEY
WEST, a municipal corporation organized and existing under the
laws of the State of Florida, party of the first party,
hereinafter designated as the Lessor, and the COUNTY OF MONROE,
a political subdivision of the State of Florida, party of the
second part, hereinafter designated as the Lessee,
W I T N E S S E T H•
FIRST: The Lessor, in consideration of the rents
hereinafter reserved and of the covenants and agreements herein
expressed on the part of 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 tract of land in Section 27, Township 67
South, Range 25 East, Monroe County, Florida,
being more particularly described as follows:
Commence at a point on the centerline of the
East bound lane of Florida State Road No. 5
(U.S. No. 1) which lies 330.39 feet N 7101814211E
of the Easterly end of the Southerly Cow Key
Channel Viaduct Bridge; thence proceed N18041'18"W,
211.36 feet along the centerline of College Road
(State Job No. 90550-2612 all bearings stated
herein refer to State Road Department right-of-
way map dated 10-9-67 for said job number) to
the point of curvature of a circular curve concave
to the Southwest; thence proceed along the arc
of said curve, having for its elements a radius
of 225.00 feet and a central angel of 35606100",
137.84 feet to the point of tangency; thence
proceed N53047'18"W, 272.56 feet to the point of
curvature of a circular curve concave to the
Northeast; thence proceed along the arc of said
curve, having for its elements a radius of 401.02
feet and a central angle of 14025'40" 100.98 feet
to the point of tangency; thence proceed N3902113811W,
163.60 feet; thence proceed S50038'22"W, 40.00 feet,
to a point on the Southwesterly right-of-way
line of said College Road, said point being the
Point of Beginning of the parcel of land hereinafter
described: Thence proceed N39021'38:W, 109.91 feet
along said Southwesterly right-of-way to the
point of curvature of a circular curve, concave to
the Northeast; thence proceed along the arc of said
curve, having for its elements a radius of 526.85
feet and a central angle of 4"21'33", 40.08 feet.
to a point on said curve, said point bearing S540
59155"W from the center of said curve; thence proceed
S5003812211W, 80 feet, more or less, to the Mean High
Tide Line of Cow Key Channel; thence meander
Southeasterly along said Mean High Tide Line 173
feet, more or less, to a point, said point bearing
S60°19'49"E, 160.59 feet from the last described
point, thence proceed N50*38'22"E, 21 feet, more
or less, to the Point of Beginning. Said Parcel
containing 0.2 acres, more or less.
TO HAVE AND TO HOLD the above described property unto the
Lessee for and during the term of five (5) years, commencing on
the 6th
5th day of
day of
June
. , 1993, ending on the
June , 1998.
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 five
(5) years, the yearly rental of Ten ($10.00) Dollars, which
rental shall be paid on the 6th day of June of every
year during said demised terms.
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THIRD: As a further consideration for the leasing and
demising aforesaid, the Lessee further covenants, promises and
agrees to use the said premises only for the site for a sewage
treatment plant.
FOURTH: It is hereby covenanted, stipulatdd and agreed by
and between the parties hereto, that there shall, during the said
demised term, be no mechanics' liens upon any building or
improvements which may at any time be put upon or be upon the
demised property, and that in case of any mechanics' liens the
Lessee must pay off same; and that if default in payment thereof
shall continue for thirty (30) days after written notice, said
Lessor shall have the right and privilege, at its option, to pay
off the same or any portion of the same, and the amount so paid,
including expenses, shall, at the Lessor's option, be so much
additional rent due from the said lessee at the next rent due
after such payment, with interest thereon at the rate of 6% per
FIFTH: The Lessee shall not have the right to sublet or
assign this Lease without the written consent of the Lessor.
SIXTH: The Lessee shall secure at its own expense, from an
approved insurance company or may self -insure, and furnish to the
Lessor evidence of such insurance or self-insurance program, the
following described insurance coverage:
a) Coverage which will protect the legal liability of
Lessor and Lessee to pay off claims for personal injury or death
resulting therefrom, on account of accidents to third parties or
the public, which might arise out of, or in connection with the
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conduct of the Lessee's sewage treatment plant, or which might
arise out of, or in connection with any act or acts of Lessee's
agents, invitees or employees. The minimum limits of such
c
policy or policies shall be $100,000.00 for any one person, or
$200,000.00 for more than on person, arising out of one accident,
t and property damage $5,000.00.
b) Additionally the Lessee shall provide either through
self-insurance or separate insurance policy, insurance coverage
for environmental pollution liability with a minimum limit of
$500,000, arising out of one incident, naming the Lessor as an.
additional insured. _
EIGHTH: It is further agreed that in no case shall the
Lessor herein be liable, under any express or implied covenants
in this Lease, for any damages whatsoever to the Lessee beyond
the rent reserved by this Lease, accruing, for the act, or breach
of covenant, for which damages may be sought to be recovered
against said Lessor, and that in the event that said Lessee shall
be ousted from the possession of said property, and that said
Lessor shall not incur any liability by such ouster beyond the
loss of rent while said Lessee is so deprived of the possession
of said property.
.
NINTH: 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.
FA
TENTH: 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 may be
removed by the Lessee. _
IN WITNESS WHEREOF, the nartiAG hereto have caused this
Lease Agreement to be executed as of the day and year first
written above.
(SEAL)
DA1' " L XOMAGE, Clem
Attest:
(CLE)M)
(SEAL)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
CITY OF KEY WEST, FLORIDA
By /6 7-" C & �
CITY MANAGER
ED A TO FC?Ff.4
v S FFIC iVCY.
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A.70meys Office
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