Item R3County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
May 16, 2018
Agenda Item Number: R.3
Agenda Item Summary #4228
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Patricia Eables (305) 292 -3477
None
AGENDA ITEM WORDING: Approval for early termination of the Islamorada Chamber of
Commerce Sublease with the County and approval to execute a new Sublease with the Matecumbe
Historical Trust Corporation pending approval from Florida Department of Transportation. The
Sublease covers the parcel of land where the "red caboose" is currently located in Islamorada.
ITEM BACKGROUND: The BOCC at its March 21, 2018, meeting approved entering into a
new lease with the Matecumbe Historical Trust for the lease of the "red caboose" property in
Islamorada, pending approval by FDOT. The Matecumbe Historical Trust is requesting to
finalize the Sublease in May, if possible, so it can apply for a grant to aid in development of the
property.
Florida Department of Transportation ( "FDOT ") and the County entered into a Lease originally in
1977 for property in Islamorada on which the Islamorada Chamber of Commerce has been located
with the "red caboose." A new Lease for that same property was executed on May 24, 1995, with
FDOT for a thirty (30) year term which expires on May 23, 2025, with an option for an additional
five (5) years to terminate on May 23, 2030. An Addendum to the 1995 Lease on May 18, 2005,
reduced the size of the property after an adjacent parcel was sold to an adjoining neighbor. On
October 18, 1995, the BOCC approved a sublease of the property with the Islamorada Chamber of
Commerce for a term of 29 �/z years commencing July 1, 1995, through December 31, 2024. Under
the County's Master Lease with FDOT, the premises shall be used solely for the purposes of a
historical museum, rest station, and parking facilities.
The Chamber of Commerce has relocated and the Matecumbe Historical Trust Corporation has
expressed an interest in acquiring a sublease of the property in order to establish historical markers
on the history of the Florida Keys and other improvements to the museum in the Caboose. The
Chamber sent a notice dated April 20, 2018, requesting an early termination of its Sublease and to
request that the County enter into a new Sublease with the Matecumbe Historical Trust for the
property. The Chamber Sublease does not terminate until December 2024, but it could either be
assigned or terminated and a new sublease entered into with a new entity.
FDOT must give prior written approval for any sublet or assignment of the County's lease. FDOT is
currently reviewing the matter along with the proposed Termination Agreement and new Sublease to
give its approval or other direction in which it wishes for the County to proceed in potentially
transferring the property to the Matecumbe Historical Trust Corporation. Once the County has
direction or approval from FDOT, we can proceed with finalizing the termination with the Chamber
and transfer of the property to the Trust via a new Sublease.
PREVIOUS RELEVANT BOCC ACTION:
August 16, 1977 FDOT and Monroe County entered into a Lease Agreement for property in
Islamorada to be used for a historical museum, rest station, and parking
facility.
May 24, 1995 FDOT and Monroe County entered into a new Lease Agreement for thirty
years commencing May 24, 1995, and terminating May 23, 2025, for the
same property, with an additional five (5) year option to May 23, 2030.
October 18, 1995 BOCC approved a Sublease with Islamorada Chamber of Commerce for
property that is the subject of the FDOT and County Lease with a term
commencing July 1, 1995, through December 31, 2024.
May 18, 2005 An Addendum was entered into between FDOT and Monroe County to its
1995 Lease, which reduced the parcel, due to the sale of a certain portion
to an adjoining neighbor.
March 21, 2018 BOCC approved entering into a lease with Matecumbe Historical Trust to
year 2030, pending approval by FDOT.
CONTRACT /AGREEMENT CHANGES:
New Sublease with Matecumbe Hist. Trust & Termination of Chamber Sublease
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Sublease - Matecumbe Historical Trust (legal stamped)
Termination Agreement - Chamber (legal stamped)
Chamber Letter to Terminate Sublease
10 -15 -1995 SubLease Islamorada Chamber
Addendum to May 1995 Lease 05182005 - FDOT & County
Lease 5 -24 -95 FDOT & County
FDOT & County 1977 Lease
FINANCIAL IMPACT:
Effective Date: May 24, 2018
Expiration Date: December 31, 2024 (unless option renewal is exercised and then expiration
date is May 23, 2030.)
Total Dollar Value of Contract: $1.00 per year for term of Sublease
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes
Grant:
County Match:
Insurance Required: Yes
Additional Details: N/A
If yes, amount:
None
REVIEWED BY:
Patricia Eables
Maria Slavik
Budget and Finance
Kathy Peters
Board of County Commissioners
Completed
05/08/2018 3:28 PM
Completed
05/08/2018 3:37 PM
Completed
05/08/2018 3:43 PM
Completed
05/08/2018 3:52 PM
Pending
05/16/2018 9:00 AM
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SUBLEASE— MATECUMBE HISTORICAL TRUST CORPORATION
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This Sublease is made and entered into by MONROE COUNTY, a political subdivision of
the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, (County),
and MATECUMBE HISTORICAL TRUST CORPORATION, a Florida Not - for - Profit Corporation,
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whose address is 75141 Overseas Highway, Islamorada, Florida 33036 ( the Trust).
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The County has a leasehold interest in a parcel of land situated on Upper Matecumbe
Key and more particularly described in Exhibit "A." The Florida Department of Transportation
owns said property, and through a Lease executed on the 24 day of May, 1995, retains the
right of approval of any sublease.
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1. PROPERTY The County subleases exclusively to the Trust the land shown on
Exhibit "A," hereafter "the Premises," with Exhibit "A" attached hereto and made a part of this
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Sublease.
2. TERM The term of this Sublease shall commence on May 24, 2018, and
terminate on December 31, 2024, unless earlier terminated. If the County exercises its final
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option to extend its lease term to May 23, 2030, in the Lease attached as Exhibit "A ", then this
Sublease may be renewed for an additional term to coincide with the County's termination date
of May 23, 2030. The Trust shall provide the County ninety (90) days advance written notice of
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its exercise of the renewal option.
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3. USE AND CONDITIONS The Premises shall be used solely for the purposes of a
historical museum, rest station and parking facilities. No signs of any kind will be permitted on
the leased right -of -way area If the Premises are used for any other purpose, the County shall
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have the option of immediately terminating this Sublease. The Trust shall not permit any use of
the Premises in any manner that would obstruct or interfere with any transportation facilities.
The Trust will further use and occupy said Premises in a careful and proper manner, and
not commit any waste thereon. The Trust will not cause, or allow to be caused, any nuisance or
objectionable activity of any nature on the Premises. Any activities in any way involving
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hazardous materials or substances of any kind whatsoever, either as those terms may be
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defined under any state or federal laws or regulations or as those terms are understood in
common usage, are specifically prohibited. The Trust will not use or occupy said Premises for
any unlawful purpose and will, at the Trust's sole cost and expense, conform to and obey any
present or future ordinance and /or rules, regulations, requirements and orders of
governmental authorities or agencies respecting the use and occupation of said Premises. The
Trust is subject to all conditions of the Lease dated May 24, 1995, between the State and the
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County for the Premises.
4. RENT AND UTILITIES For the use of the Premises, the Trust shall pay the County
the sum of One and 00/100 Dollar $1.00
( )per year for each full or partial year of the term, due
on the twenty - fourth day of May of each year and payable in advance. Additionally, the Trust
shall reimburse the County for any increases in rent which the State requires of the County and
any administrative fees assessed to the County by the State for the Premises or leasing thereof,
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in accordance with statutory and regulatory provisions of the State of Florida. Rent payments
shall be made payable to Monroe County and remitted to the Monroe County Clerk of Court for
the Monroe County Board of County Commissioners at 500 Whitehead Street, Key West,
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Florida 33040. Any installment of rent not received within ten (10) days after the date due
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shall be considered late.
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The Trust shall be solely responsible for all bills for electricity, lighting, power, gas,
water, telephone and internet services, or any other utility or service used on the land.
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S. TAXES The Trust must pay all taxes and assessments, including any sales or use
tax, levied by any government agency with respect to the Trust's operations on the Premises
during the term hereof.
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6. INSURANCE The Trust shall, throughout the term of this Sublease, maintain
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insurance in a minimum amount of One Million and 00 /100 Dollars ($1,000,000.00) for bodily
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injury or death to any one person or number of persons in any one occurrence, and not less
than One Million and 00/100 Dollars ($1 ,000 ,000.00) for property damage unless waived or
modified by County Risk Management per Administrative Instruction 7500.7 and by the State of
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Florida Department of Transportation. The insurance policy or policies shall name Monroe
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County and the State of Florida Department of Transportation as additional insureds.
The Trust must keep in full force and effect the required insurance during the term of
this Sublease. If the insurance policies originally purchased which meet the requirements of
this Sublease are canceled, terminated, or reduced in coverage, then the Trust must
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immediately substitute complying policies so that no gap in coverage occurs. Copies of current
policy certificates shall be filed with the County whenever acquired or amended and annually
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thereafter.
7. CONDITION OF PREMISES The Trust must keep the Premises in good order and
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condition. The Trust must promptly repair damages to the Premises. At the end of the term of
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this Agreement, the Trust must surrender the Premises to the County in the same good order
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and condition as the Premises were on the commencement of the term, normal wear and tear
excepted. The Trust is solely responsible for any improvements to land and appurtenances
placed on the Premises.
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8. IMPROVEMENTS No structure or improvements of any kind shall be placed
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upon the land without prior approval, in writing, by the District Secretary for District Six of the
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State of Florida Department of Transportation, and a building permit issued by Islamorada,
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Village of Islands. Any such structure or improvements shall be constructed in a good and
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workmanlike manner at the Trust's sole cost and expense. Subject to any landlord's lien, any
structures or improvements constructed by the Trust shall be removed at the Trust's sole cost
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and expense, by midnight on the day of termination of this Sublease or extension hereof, and
the land restored as nearly as practical to its condition at the time this Sublease is executed,
unless the State of Florida Department of Transportation or it successors and assigns accepts, in
writing, delivery of the Premises together with any structures or improvements constructed by
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the Trust. Portable or temporary advertising signs are prohibited.
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The Trust shall perform, at the sole expense of the Trust, all work required in the
preparation of the property or Premises hereby leased for occupancy by the Trust, in the
absence of any special provision herein contained to the contrary; and the Trust does hereby
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accept the leased property or Premises as now being in fit and tenantable condition for all
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purposes of the Trust.
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County and State reserve the right to inspect the leased area and require whatever
adjustment to structures or improvements as County and State, each in its sole discretion,
deems necessary. Any adjustments shall be done at the Trust's sole cost and expense.
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The Trust shall secure and pay for all permits, impact fees, governmental fees, licenses,
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inspections, testing, surveys, and utility fees required by Federal, State, County, Municipal or
Utility entities having jurisdiction over the Premises for the proper execution and completion of
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any improvements the Trust may make to the Premises.
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9. INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE The Trust covenants and
agrees to defend, indemnify and hold harmless Monroe County Board of County
Commissioners, and its elected and appointed officers, officials, agents and employees, and the
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State, its officers, officials, agents, and employees, from any and all claims, demands, or causes
of action, for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County) and any other losses, damages, costs, penalties, and
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expenses (including attorney's fees) which arise out of, in connection with, or by reason of the
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Trust utilizing the property governed by this Sublease. The extent of liability is in no way
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limited to, reduced, or lessened by the insurance requirements contained elsewhere within this
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Sublease.
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10. NON - DISCRIMINATION The parties agree that there will be no
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discrimination against any person, and it is expressly understood that upon a determination by
a court of competent jurisdiction that discrimination has occurred, this Sublease automatically
terminates without any further action on the part of any party, effective the date of the court
order. The parties agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to:
1) Title VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibit discrimination in
employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC H 1681 -1683, and 1685 - 1686), which
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prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC §§ 6101 - 6107), which prohibits discrimination
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on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as a
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
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Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL
91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
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7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd -3 and 290ee -3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of
the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination L)
in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42
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USC §§ 1201), as amended from time to time, relating to nondiscrimination in employment on
the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits
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discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 11) any other
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nondiscrimination provisions in any federal or state statutes which may apply to the parties to,
or the subject matter of, this Sublease.
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11. Public Records Compliance The Trust as aforementioned is referred to herein
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also as "Contractor" for this provision. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the 2
Constitution of Florida. The County and Contractor shall allow and permit reasonable access to,
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and inspection of, all documents, records, papers, letters or other "public record" materials in
its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the County and Contractor in conjunction with this contract and related to v
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contract performance. The County shall have the right to unilaterally cancel this contract upon
violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of
this provision shall be deemed a material breach of this contract and the County may enforce
the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be
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entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This
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provision shall survive any termination or expiration of the contract.
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The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Fla. Stat. Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
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(1) Keep and maintain public records that would be required by the County to perform
the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
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(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
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does not transfer the records to the County.
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(4) Upon completion of the contract, transfer, at no cost, to the County all public
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records in possession of the Contractor or keep and maintain public records that would
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be required by the County to perform the service. If the Contractor transfers all public
records to the County upon completion of the contract, the Contractor shall destroy any
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duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the
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County, upon request from the County's custodian of records, in a format that is
compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be
made directly to the County, but if the County does not possess the requested records,
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12. TERMINATION The County may treat the Trust in default and terminate this
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Sublease immediately, without prior notice, upon failure of the Trust to comply with any
provision of this Sublease. This Sublease may be terminated by the County if and when, for any
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reason, its controlling Lease is terminated by the State, upon provision of reasonable notice.
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The Trust may terminate this Sublease upon giving thirty (30) days' prior written notice to
County.
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13. DEFAULT — WAIVER The waiver by the Trust or the County of an act or omission
that constitutes a default of an obligation under this Sublease does not waive another default
of that or any other obligation.
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the County shall immediately notify the Contractor of the request, and the Contractor
must provide the records to the County or allow the records to be inspected or copied
within a reasonable time.
If the Contractor does not comply with the County's request for records, the County
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shall enforce the public records contract provisions in accordance with the contract,
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notwithstanding the County's option and right to unilaterally cancel this contract upon violation
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of this provision by the Contractor. A Contractor who fails to provide the public records to the
County or pursuant to a valid public records request within a reasonable time may be subject to
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penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of
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any public records unless or otherwise provided in this provision or as otherwise provided by
law.
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IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
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RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN
BRADLEY AT PHONE# 305 -292 -3470 BRADLEY- BRIAN@MONROECOUNTY- FL.GOV,
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MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL
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33040.
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12. TERMINATION The County may treat the Trust in default and terminate this
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Sublease immediately, without prior notice, upon failure of the Trust to comply with any
provision of this Sublease. This Sublease may be terminated by the County if and when, for any
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reason, its controlling Lease is terminated by the State, upon provision of reasonable notice.
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The Trust may terminate this Sublease upon giving thirty (30) days' prior written notice to
County.
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13. DEFAULT — WAIVER The waiver by the Trust or the County of an act or omission
that constitutes a default of an obligation under this Sublease does not waive another default
of that or any other obligation.
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14. ASSIGNMENT The Trust may not assign this Sublease or assign or subcontract
any of its obligations under this Sublease without the approval of the County's Board of County
Commissioners and Florida Department of Transportation. All the obligations of this Sublease
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will extend to and bind the legal representatives, successors, and assigns of the Trust and the
County.
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15. SUBORDINATION This Sublease is subordinate to the laws and regulations of
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the United States, the State of Florida, and the County, whether in effect on May 1, 2018, or
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adopted after that date.
This Sublease is also subordinate to the provisions of any existing or future agreements
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between the State Department of Transportation and the County with regard to the use of the
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Premises,
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16. SEVERABILITY If any term, covenant, condition or provision of this Sublease
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(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
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covenants, conditions, and provisions of this Sublease, shall not be affected thereby; and each
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remaining term, covenant, condition, and provision of this Sublease shall be valid and shall be
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enforceable to the fullest extent permitted by law unless the enforcement of the remaining
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terms, covenants, conditions, and provisions of this Sublease would prevent the
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accomplishment of the original intent of this Sublease. The County and the Trust agree to
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reform the Sublease to replace any stricken provision with a valid provision that comes as close
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as possible to the intent of the stricken provision.
17. GOVERNING LAWS /VENUE This Sublease is governed by the laws of the State of
Florida and the United States. Venue for any dispute arising under this Sublease shall be in
Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a
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reasonable attorney's fee and costs. This Sublease is not subject to arbitration.
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18. CONSTRUCTION This Sublease has been carefully reviewed by the Trust and the
County. Therefore, this Sublease is not to be construed against any party on the basis of
authorship.
19. NOTICES Notices in this Sublease, unless otherwise specified, must be sent by
certified mail, return receipt requested to the following:
To County
County Administrator, Monroe County
1100 Simonton Street
Key West, Florida 33040
To Trust
Matecumbe Historical Trust Corporation
75141 Overseas Highway
Islamorada, Florida 33036
and
County Attorney
P. O. Box 1026
Key West, Florida 33041
20. FULL UNDERSTANDING This Sublease is the parties' final mutual understanding.
It replaces any earlier agreements or understandings, whether written or oral. This Sublease
shall not be modified or replaced except by another written and signed agreement.
21. AUTHORITY. Each party represents and warrants to the other that the
execution, delivery, and performance of this Sublease have been duly authorized by all
necessary County and corporate action, as required by law.
22. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. County and the Trust agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief
or remedy as may be provided by this Sublease or by Florida law.
23. EXECUTION IN COUNTERPARTS. This Sublease may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto may
execute this Sublease by signing any such counterpart.
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24. EFFECTIVE DATE This Sublease will take effect on May 24, 2018.
IN WITNESS WHEREOF, each party has caused this Sublease to be executed by its duly
authorized representative.
(SEAL)
ATTEST: KEVIN MADOK, Clerk
By:
as Deputy Clerk
Witness as to the Trust
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor /Chairman
MATECUMBE HISTORICAL TRUST CORPORATION
By:
Its Officer /Director
Witness as to the Trust
ATTEST:
Executive Secretary
DATE:
MONROE COUNTY ATTORNEY'S OFFICE
APPROVED AS TO FO M
PATRICIA EABLES
ASSISTANT CID ATTORNEY
DATE: I "
SUBLEASE APPROVED BY:
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
By:
District Six Secretary
Approved as to form and legality:
By:
District Counsel
Date:
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EXHIBIT "A"
Following is a description of a portion of property to be subleased by the Matecumbe Historical
Trust Corporation:
That part of Section 28, Township 63 South, Range 37 East, Upper Matecumbe, Monroe
County, Florida, shown as `NOT PART OF THIS PLAT ", as shown on the Plat of Stratton's
Subdivision as recorded in Plat Book 2 at Page 38 in the Public Records of Monroe County
being more particularly described as follows:
Begin at the intersection of the North Line of Government Lot 4 of said Section 28 with the
North R/W Line of U.S. 1;
Thence run Westerly along the North R/W Line a distance of 150.00 feet to the Point of
Beginning;
Thence continuing Westerly along the North R/W line a distance of 343.97 feet;
Thence at Right Angles to the last described course a distance of 100 feet;
Thence Easterly at Right Angles of the last described course a distance of 239.41 feet;
Thence run north 89 Degrees 51' 49" East for a distance of 144.68 feet to the Point of
Beginning;
The foregoing containing 29,192 SQ.FT. (0.6702 Acres) more or less.
Included in the above described parcel of land is a portion of land known as "TRACT A" the
descriptions and restrictions are more particularly described as follows:
Begin at the intersection of North Line of Government Lot 4 of said Section 28 with the North
R/W Line of U.S. 1,
Thence run Westerly along the North R/W line a distance of 150.00 feet to the Point of
Beginning;
Thence continuing Westerly along the North R/W line a distance of 28.93 feet;
Thence run South 89 Degrees 51' 49" West for a distance of 39.96 feet;
Thence run North 43 Degrees 51' 34" West for a distance of 27.68 feet;
Thence run North 89 Degrees 51' 49" East for a distance of 80.00 feet to the Point of Beginning.
The foregoing containing 1,200 SQ.FT. (0.0275 Acres) more or less.
NOTE: The following restrictions apply to the foregoing description known as "TRACT A "
Lessee, its assigns, successors or sublessees, are prohibited from clearing, altering or engaging in
any development activity within the area described as "TRACT A ". It is the intent of this
prohibition to preserve the vegetated area located within "TRACT A" so as to serve as a natural
buffer between the leased premises and the adjoining parcel.
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TERMINATION AGREEMENT
This Termination Agreement is made and entered into on this 16` day of May, 2018,
between MONROE COUNTY, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, Florida 33040, ( "County "), and Islamorada Chamber of
Commerce, Inc., a non -profit corporation incorporated in the State of Florida, whose address is
P. O. Box 915, Islamorada, Florida 33036, ( "Chamber ").
RECITALS
A. County and the Chamber entered into a Sublease approved on October 18, 1995,
by the Monroe County Board of County Commissioners, by which the County leased to the
Chamber for a period commencing July 1, 1995, and terminating December 31, 2024, the
premises described in the Sublease and as shown on Exhibit "A ", attached hereto and made a
part hereof.
B. The Chamber has relocated its operations and have notified the County of its
request to terminate its Sublease of the above premises in a letter dated April 20, 2018, which is
attached hereto as Exhibit `B" and made a part hereof.
C. The parties now desire to terminate and cancel the Sublease and the tenancy as of
May 23, 2018, and to release each other from their respective obligations under the Sublease.
In consideration of the matters described above and of the mutual benefits and
obligations set forth in this Termination Agreement, the parties agree as follows:
1. The Sublease is terminated as of May 23, 2018, subject to the terms and
conditions set forth below.
2. County and the Chamber are released from their respective obligations to observe
the terms and conditions of the Sublease.
3. The Chamber shall vacate the premises on or before May 23, 2018.
4. All of the terms and conditions of this Agreement shall be binding on and inure to
the benefit of the parties and the respective heirs, devisees, legal representatives, successors, and
assigns of the parties.
IN WITNESS WHEREOF, each party has caused this Termination Agreement to be
executed by its duly authorized representative.
(SEAL)
ATTEST: KEVIN MADOK, Clerk
By:
as Deputy Clerk
Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
M.
ISLAMORADA CHAMBER OF
COMMERCE, INC.
LIM
Mayor/Chairman
Its Officer/Di rector
Witness
ATTEST:
TERMINATION AGREEMENT APPROVED BY:
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
an
Executive Secretary
DATE:
MONROE COUNTY ATTORNEY'S OFFICE
AppROVED AS TO F
PATRICIA EABLES
ASSISTA, C%NTYffl
DATE:
District Six Secretary
Approved as to form and legality:
By:
District Counsel
Date:
N
h
Z X N IV IT " A D. O. T P AI C s L 6 0 5 1
DoT PARCSL 6056
I.138sss Monroe County
Y.P.I. NO. 6116663
STATS /JOB N0. 90060, Sheet 26 of 32
F.A.P. NO. N/A
STATE ROAD NO. : 5, Bayside
COUNTY /KEY Monroe, Upper Ma
tecumbe Key, MM 82
SECTION, TOWNSHIP
AND RANGE Section 28, Township 63 South, Range 37 East
D€ S C R I P T I O N:
The following is the description of a parcel of land leased by
Monroe County, Florida from the D.O.T of The State of Florida.
That part of section 28, Township 63 South,Range 37 East, Upper
Matecumbe, Monroe County,'Florlda, shown as "NOT PART OF THIS
PLAT *, as shown on the Plat of Stratton's Subdivision as recorded
in Plat Book 2 at Page 38 in the Public Records of Monroe County
being more particular described as follows:
sagin at the intersection of North Line of Government Lot 4 of
said section 28 with the North R/W Line of U. S. 1,
thence run Masterly along the North A/W Line a distance of 493.97
feet;
thence at Right Angles to the last described course a distance of
100 feet;
thence Easterly,•at Right Angles to the last described course a
distance of 389.41 feet to a Point on the North Line of said
Government Lot 4;
thence Easterly along the Forth Line of said Lot 4 a distance of
144.68 feet to the Point of Beginning.
The foregoing containing 44,192 SO.FT.(1.02 Acres) wore or less.
NOTE: Subject to restrictions, reservations, conditions and
easements of record, any utilities remaining in place and in use,
if any. This property cannot be used for outdoor advertising
purposes.
Following is a disrcription of a portion of property to be subleased
by the Islamorada Chamber of Commerce:
That part of Section 28, Township 63 South, Range 37 East, Upper
Matecumbe, Monroe County, Florida, showy as "NOT PART OF THIS
PLAT ", as shown on the Plat of Stratton's Subdivision as recorded
in Plat Book 2 at Page 38 in the Public Records of MOnroe County
being more particular described as follows:
Begin at the intersection of the North Line of Government Lot 4
of said Section 28 with the North R/W Line of U. S. 1;
thence run Westerly along the North R/W Line a distance of 150.00
feet to the Point of Beginning;
thence continuing Westerly along the North R/W line a distance of
343.97 feet;
thence at Right Angles to the last described course a distance of
100 feet;
EXHIBIT "A"
t hence Easterly at Right Angles of the last described course a
distance of 239.41 feet;
thence run Borth 99 Degrees 51' 49" East for a distance of 144.68
feeet to the Point of Beginning.
The foregoing containing 29,191 Sp.FT.(0.6702 Acres) more or less.
Included in the above described parcel of land is a portion of
land known as "TRACT AN the descriptions and restrictions are
more particularly described as follows:
Begin at the intersection of North Line of Government Lot 4 of
said Section 29 with the North R/W Line of U. S. 1,
thence run Westerly along the North R/W line a distance of 150.00
feet to the Point of Beginning;
thence continuing Westerly along the North R/W line a distance of
29.93 feet;
thence run south 99 Degrees 51' 49" West for a distance of 39.96
feet;
thence run North 43 Degrees 51' 34" West for a distance of 27.
feet;
thence run North 99 Degrees 51' 49" East for a distance of 90.
feet to the Point of Beginning.
The foregoing containing 1,200 Sp.FT.(0.027 Acres) more or
less.
NOTE: The following restrictions apply to the foregoing
description known as "TRACT A".
Lessee, its assigns, successors or sublessees, are prohibited
from clearing, altering or engaging in any development activity
within the area described as "TRACT A ". It is the intent of this
so o as b to i serve aseaenatural vegetated area
located TRACT A
premises
and the adjoining parcel.
t �� � 4 ! � ils ?it
R .,
April 20, 2018
Bob Shillinger, County Attorney
Monroe County Attorney's Office
1111 12 Street, Suite 408
Key West, FL 33040
Dear Mr. Shillinger:
I am writing to you on behalf of the Islamorada Chamber of Commerce Board of
Directors. The Board would like to respectfully request that the current sub -lease
between Monroe County and the Islamorada Chamber of Commerce for a parcel
of land situated on Upper Matecumbe Key (DOT Parcel 6056) be terminated.
It is the desire of the Chamber of Commerce and the Board of County
Commissioners that a new sub -lease be drawn up between Monroe County and
the Matecumbe Historical Trust for this parcel of land. The Chamber is ready to
relinquish rights to this property at any time after May 1, 2018.
Thank you for your assistance with this matter. If you have any questions or need
additional information please do not hesitate to contact me.
Sincerely,
J I Y ung,. lent
Islamorada Chamber of Commerce
Board of Directors
EXHIBIT "B"
s it ��' k;� rt �� t¢ t.,ot ��� �' 1�',��� � (} +�t��sssit; I�,NJ►u, t�S ,s�.' it� +stir ti li,„ � It, �; <,k ,u�,�4 { i�t i" ,� rc�1N
April 20, 2018
4
THIRD EAY
dsimsS AFTER Houns
Bob Shillinger, County Attorney
Monroe County Attorney's Office
11111P Street, Suite 408
Key West, FL 33040
Dear Mr. Shillinger.
I am writing to you on behalf of the Islamorada Chamber of Commerce Board of
Directors. The Board would like to respectfully request that the current sub -lease
between Monroe County and the Islamorada Chamber of Commerce for a parcel
of land situated on Upper Matecumbe Key (DOT Parcel 6056) be terminated.
It is the desire of the Chamber of Commerce and the Board of County
Commissioners that a new sublease be drawn up between Monroe County and
the Matecumbe Historical Trust for this parcel of land. The Chamber Is ready to
relinquish rights to this property at any time after May 1, 2018.
Thank you for your assistance with this matter. If you have any questions or need
additional Information please do not hesitate to contact me.
SUBLEASE - CHAMBER OF COMMERCE
This Agreement is made and entered into by MONROE COUNTY, a political
subdivision of the State of Florida, whose address is 5100 College Road, Stock Island,
Key West, Florida 33040, (County), and Islamorada Chamber of Commerce, a non-
profit corporation incorporated in the State of Florida, whose address is P. O. Box 915,
Islamorada, FL 33036 (the Chamber).
The County has a leasehold interest in a parcel of land situated on Upper
Matecumbe Key and more particularly described in Exhibit "A." The State
Yr
Department of Transportation owns said property, and, through a lea* executa on m
-j o
the day of � 1995, retains the right of approval of anysuble�crs' e.
1. PROPERTY. The County subleases exclusively to the -- Chamber the O
CD
o r
land shown on Exhibit A, hereafter the premises. Exhibit A is attached and m le a .n
part of this Agreement.
2. TERM. The term of this Agreement is twenty -nine and one -half (29
years running from July 1, 1995 through December 3T, 2024.
3. USE AND CONDITIONS. The premises shall be used solely for the
purposes of a historical museum rest station and parking facilities No signs of any
kind will be permitted on the leased right of way area If the premises are used for
any other purpose, the County shall have the option of immediately terminating this
Agreement. Chamber shall not permit any use of the premises in any manner that
would obstruct or interfere with any transportation facilities.
The Chamber will further use and occupy said premises in a careful and
proper manner, and not commit any waste thereon. Chamber will not cause, or
allow to be caused, any nuisance or objectionable activity of any nature on the
premises. Any activities in any way involving hazardous materials or substances of
any kind whatsoever, either as those terms may be defined under any state or federal
laws or regulations or as those terms are understood in common usage, are
specifically prohibited. The Chamber will not use or occupy said premises for any
unlawful purpose and will, at Chamber's sole cost and expense, conform to and
obey any present or future ordinance and /or rules, regulations, requirements and
orders of governmental authorities or agencies respecting the use and occupation of
said premises. Chamber is subject to all conditions of the Lease between the State
and the County for the Premises.
4. RENT. For the use of the premises, the Chamber must pay the County
the sum of $1.00 per year for each full or partial year of the term, due on the first of
July of each year and payable in advance. Additionally, the Chamber shall
reimburse the County for any increases in rent which the State requires of the County
and any administrative fees assessed to the County by the State for the premises or
leasing thereof, in accordance with statutory and regulatory provisions of the State of
Florida.
5. TAXES. The Chamber must pay all taxes and assessments, including
any sales or use tax, levied by any government agency with respect to the
Chamber's operations on the premises.
6. INSURANCE. Chamber shall, throughout the term of this lease,
maintain insurance in a minimum amount of one million dollars ($1,000,000.00) for
bodily injury or death to any one person or number of persons in any one occurrence
2
and not less than one million dollars ($1,000,000.00) for property damage unless
waived or modified by County Risk Management per Administrative Instruction 4709
and by the State of Florida Department of Transportation. The insurance policy (or
policies) shall name Monroe County and the State of Florida Department of
Transportation as additional insureds.
The Chamber must keep in full force and effect the required insurance during
the term of this Agreement. If the insurance policies originally purchased which meet
the requirements of this sublease are canceled, terminated or reduced in coverage,
then the Chamber must immediately substitute complying policies so that no gap in
coverage occurs. Copies of current policy certificates shall be filed with the County
whenever acquired or amended.
7. CONDITION OF PREMISES. The Chamber must keep the premises in
good order and condition. The Chamber must promptly repair damage to the
premises. At the end of the term of this Agreement, the Chamber must surrender the
premises to the County in the same good order and condition as the premises were
on the commencement of the term, normal wear and tear excepted. The Chamber
is solely responsible for any improvements to land and appurtenances placed on the
premises.
8. IMPROVEMENTS. No structure or improvements of any kind shall be
placed upon the land without prior approval in writing by the District Secretary for
District Six of the State of Florida Department of Transportation and a building permit
issued by County. Any such structure or improvements shall be constructed in a good
and workmanlike manner at Chamber's sole cost and expense. Subject to any
3
landlord's lien, any structures or improvements constructed by Chamber shall be
removed by the Chamber at Chamber's sole cost and expense, by midnight on the
day of termination of this Agreement or extension hereof, and the land restored as
nearly as practical to its condition at the time this agreement is executed unless the
State of Florida Department of Transportation or its successors and assigns accepts in
writing delivery of the premises together with any structures or improvements
constructed by Chamber. Portable or temporary advertising signs are prohibited.
Chamber shall perform, at the sole expense of Chamber, all work required in
the preparation of the property or premises hereby leased for occupancy by
Chamber, in the absence of any special provision herein contained to the contrary;
and Chamber does hereby accept the leased property or premises as now being in
fit and tenantable condition for all purposes of Chamber.
County and State reserve the right to inspect the leased area and to require
whatever adjustment to structures or improvements as County or State, each in its
sole discretion, deems necessary. Any adjustments shall be done at Chamber's sole
costs and expense.
No building permit fee shall be required by County for development for which
Chamber applies for a building permit prior to June 30, 1996, although a County
building permit shall be required for all development. Any building permits sought by
Chamber subsequent to June 30, 1996, shall be subject to permit fees.
9. HOLD HARMLESS. The Chamber is liable for and must fully defend,
release, discharge, indemnify and hold harmless the County, the members of the
County Commission, County officers and employees, and County agents and
F11
contractors, and the State, its officers and employees, from and against any and all
claims, demands, causes of action, losses, costs and expenses of whatever type -
including investigation and witness costs and expenses and attorneys' fees and costs
- that arise out of or are attributable to the Chamber's operations on the premises
except for those claims, demands, damages, liabilities, actions, causes of action,
losses, costs and expenses that are the result of the sole negligence of the County
The Chamber's purchase of the insurance required under this Agreement does not
release or vitiate its obligations under this paragraph.
10. NON - DISCRIMINATION. The Chamber for itself, its personal
representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree that no person on the grounds of race,
color, or national origin shall be excluded from participation in, denied the benefits
of, or be otherwise subjected to discrimination in the use of premises or in the
contracting for improvements to the premises.
11. TERMINATION. The County may treat the Chamber in default and
terminate this Agreement immediately, without prior notice, upon failure of Chamber
to comply with any provision of this Agreement. This Agreement may be terminated
by County if and when, for any reason its controlling lease is terminated by the State,
upon provision of reasonable notice. Chamber may terminate this Agreement upon
giving thirty days prior written notice to County.
12. DEFAULT - WAIVER. The waiver by the Chamber or the County of an
act or omission that constitutes a default of an obligation under this Agreement does
not waive another default of that or any other obligation.
5
13. ASSIGNMENT. The Chamber may not assign this Agreement or assign
or subcontract any of its obligations under this Agreement without the approval of
the County's Board of County Commissioners. All the obligations of this Agreement
will extend to and bind the legal representatives, successors and assigns of the
Chamber and the County.
14. SUBORDINATION. This Agreement is subordinate to the laws and
regulations of the United States, the State of Florida, and the County, whether in
effect on July 1, 1995, or adopted after that date.
This Agreement is also subordinate to the provisions of any existing or future
agreements between the State Department of Transportation and the County with
regard to the use of the premises.
15. INCONSISTENCY. Any item, condition or obligation of this
Agreement that is in conflict with the items listed in this paragraph is superseded to
the extent of the conflict.
16. GOVERNING LAWS/VENUE. This Agreement is governed by the laws of
the State of Florida and the United States. Venue for any dispute arising under this
Agreement must be in Monroe County, Florida. In the event of any litigation, the
prevailing party is entitled to a reasonable attorney's fee and costs.
17. CONSTRUCTION. This Agreement has been carefully reviewed by
the Chamber and the County. Therefore, this Agreement is not to be construed
against any party on the basis of authorship.
18. NOTICES. Notices in this Agreement, unless otherwise specified,
must be sent by certified mail to the following:
R
To County:
County Administrator
5100 College Road
Stock Island
Key West, FL 33040
19. FULL UNDERSTANDING.
To Chamber
Executive Director
Islamorada Chamber of Commerce
P. O. Box 915
Islamorada, FL 33036
This Agreement is the parties' final mutual
understanding. It replaces any earlier agreements or understandings, whether written
or oral. This Agreement cannot be modified or replaced except by another written
and signed agreement.
20. EFFECTIVE DATE. This Agreement will take effect on July 1, 1995.
IN WITNESS WHEREOF, each party has caused this Agreement to be
executed by its duly authorized representative.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Cl
Witness
Witness
APPROVED AS m ;�'"
EGAL SUF ''
Attome off
Dicta -�
ATTEST: (SEAL)
1`
By tc
Executive Secretarymargaret Higgins
DATE: Z.2
WCON /islacofc.doc
By --
Mayor hairman
ISLAMORADA CHAMBER
COwMER)ZE, INC.
B
SUB -LEASE APPROVED BY:
STATE OF F IDA DEPARTMENT OF
TRANSPORT 'I
r
By
i trict Se - Jose Abreu
Appro as to form.,pci legality
7
Ibtrict Cd
i X H I B I T " A" D. 0. T P A R C t L 6 0 5 6
DOT PARCSL
1,138311 88tt
6056
Monroe County
Y.P.I. N0.
6116663
STATE /JOB NO.
90060, Sheet 26 of 32
F.A.P. NO.
N/A
STATE ROAD NO.
5, Bayside
COUNTY /KEY
SECTION, TOWNSHIP
AND RANGE
D E S C R I P T I O N:
The following is the description of a parcel of land leased by
Monroe County, Florida from the D.O.T of The State of Florida.
That part of section 28, Township 63 South,Range 37 East, Upper
Matecumbe, Monroe County, Florida, shown as "NOT PART. OF THIS
PLAT ", as shown on the Plat of Stratton's Subdivision as recorded
in Plat Book 2 at Page 38 in the Public Records of Konroe County
being more particular described as follows:
Begin at the intersection of North Line of Government Lot 4 of
said Section 28 with the North R/W Line of U. S. 1,
thence run Westerly along the North R/W Line a distance of 493.97
feet;
thence at Right Angles to the last described course a distance of
100 feet;
thence Easterly, Right Angles to the last described course a
distance of 389.41 feet to a Point on the North Line of said
Government Lot 4;
thence Easterly along the North Line of said Lot 4 a distance of
144.68 feet to the Point of Beginning.
The foregoing containing 44,192.SQ.FT.(1.02 Acres) adze or leas.
NOTE: Subiect to restrictions, reservations, conditions and
easements of r any utilities remaining in place and in use,
if any. This ptoperty cannot be used for outdoor advertising
purposes.
Following is a disrcription of a portion of property to be subleased
by the Islamorada Chamber of Commerce:
That part of Section 28, Township 63 South, Range 37 East, Upper
Matecumbe, Monroe County, Florida, shown as "NOT PART OF THIS
PLAT ", as shown on the Plat of Stratton"s Subdivision as recorded
in Plat Book 2 at Page 38 in the Public Records of Monroe County
being more particular described as follows:
Begin at the intersection of the North Line of Government Lot 4
of said Section 28 with the North R/W Line of U. S. 1;
thence run westerly along the North R/W Line a distance of 150.00
feet to the Point of Beginning;
thence continuing Westerly along the North R/W line a distance of
343.97 feet;
thence at Right Angles to the last described course a distance of
100 feet;
Monroe, Upper Matecumbe Key,
MM 82
Section 28, Township 63 South, Range 37 East
thence Easterly at Right Angles of the last described courst a
distance of 239.41 feet;
thence run North 89 Degrees 51' 49" East for a distance of 144.68
feeet to the Point of Beginning.
The foregoing containing 29,192 SO.FT.(0.6702 Acres) more or less.
Included in the above described parcel of land is a portion of
land known as "TRACT AN the descriptions and restrictions are
more particularly described as follows:
Begin at the intersection of North Line of Government Lot 4 of
said Section 28 with the North R/W Line of U. S. 1,
thence run Westerly along the North R/W line a distance of 150.00
feet to the Point of Beginning;
thence continuing Westerly along the North R/W line a distance of
28.93 feet;
thence run South 89 Degrees 51' 49" West for a distance of 39.96
feet;
thence run North 43 Degrees 51' 34" west for a distance of 27.
feet;
thence run North 89 Degrees 51' 49" East for a distance of 80.0
feet to the Point of Beginning.
The foregoing containing 1,200 SO.FT.(0.0275 Acres) more or
less.
NOTE: The following restrictions apply to the foregoing
description known as "TRACT A ".
Lessee, its assigns, successors or sublessees, are prohibited
from clearing, altering or engaging in any development activity
within the area described as "TRACT A ". It is the intent of this
prohibition to preserve the vegetated area located within TRACT A
so as to serve as a natural buffer between the leased premises
and the adjoining parcel.
F
W
1 "
Lessee:
Monroe County
W.P.I. No.:
6116663
Sect/Job No:
90060
SR No.:
5, (US 1 Bayside)
Parcel No.:
6056
Addendum to Lease Agreement
Revision of Leased Area
This Agreement made this — day of A AC 2005, is an Addendum to the
Lease Agreement dated 24 May 1995 bWveen the STATE OF FLORIDA
DEPARTRMENT OF TRANSPORTATION, (hereinafter referred to as the
Department/Lessor), and MONROE COUNTY, FLORIDA (hereinafter called the
County/Lessee),
WHEREAS the Department granted the County a lease dated 24 May 1995 for a parcel
of land known as DOT Parcel 6056, and described in Exhibit "A" to the said Lease
Agreement, containing 44,192 square feet. The purpose of the agreement is to modify the
land area covered by the said Lease Agreement by excluding Parcel No. 6057 (RWMS
No. 522) containing 15,000 square feet as described in the attached Legal Description
and sketch, shown as Exhibit "A ". The County agrees hereby to exclude Parcel 6057 as
described in Exhibit "A" as of the date of this agreement. All other terms and conditions
of the Lease Agreement dated 24 May 1995 shall remain unchanged and in 41 effect.
IN WITNESS WHEREOF, the parties have caused this Addendum
Agreement to be executed on this /p of A 2005.
Monroe County, Florida
Lessee:
• ���1
By;
Ch ar*.afthe Board
t\
Att t:; a C
Tit]6 "A- KOLHAGE, Clerk
Lega view:
u ne tt , Esq.
Assistant County Attorney
to the Lease
State of Florida Departme�'
of Transportation: Lessor
By: _
Di rict Secr tary
Jo h Martinez, P.E.
Attest
Margaret Higgins
Executive Secretary
4
L� J
eview:
D. Michael Schloss, Esq.
District General Counsel
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of land situate in Section 28, Township 63 South,
Range 37 East, on Upper Matecumbe, Monroe County, Florida,
being a portion of a tract of land which is designated as "Not
a part of the plat" as shown on the plat of STRATTONS
SUBDIVISION, as recorded in Plat Book 2 at Page 38 of the
public records of Monroe County, Florida, being more
particularly described as follows:
Beginning at the intersection of the North line of Government
Lot 4 of said Section 28, with the Northwesterly Right —of —Way
Line of the Overseas Highway (State Highway No. 5) as shown
on said plat; thence run S 46'08'26" W for a distance of
150.00 feet; thence run S 89'51'49" W for a distance of
144.68 feet; thence run N 46'08'26 "E along the Southeasterly
line of a parcel of land described in Official Records Book 1224
at Pages 1484 -1485 for a distance of 150.00 feet to a point
on the North line of said Government Lot 4; thence run N
89'51'49" E along said North Line of Government Lot 4; for a
distance of 144.68 feet to the Point of Beginning.
Containing 15,000 Square Feet, (0.3444 Acres), more or less.
Note: The bearing base for the above description is S.
46'08'26" W. as shown on Florida Department of Transportation
Right of Way Map for State Road No. 5, Section 90060, Sheet
No. 25 of 32.
JOB OK04275
CERTIFIED FOR SPECIAL PURPOSE SURVEY
I HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM
TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN
CHAPTER 61G17 -6, FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
LAWRENCE P. FRANK, P.L.S. #4619 DATE:
Phone (305) 664 -0764 FAX (305) 664 -0816
83266 OVERSEAS HIGHWAY, SUITE 500, ISLAMORADA, FLORIDA 33036
Florida Department of Transportation, District VI
Item /Segment No.
Section Job No.:
State Road No.:
County.
Parcel No.:
4152302
99006 -2590
5, (U.S. 1)
Monroe
6057 (RWMS. 522)
Sheet 1 of 2
Packet Pg. 2800
EXHIBIT "A"
SKETCH OF LEGAL DESCRIPTION
Note: The bearing base for the above description is S.
46'08'26" W. as shown on Florida Department of Transportation
Right of Way Map for State Road No. 5, Section 90060, Sheet
No. 25 of 32.
NORTH LINE OF GOVERNMENT LOT 4
/— F.I.R. 1/2"
LS #1332
O
N IP
f ro
O�
���
POINT OF
BEGINNING
i
MIN
5�
N89'51'49 "E 144.68'
F.I.P. S89 '51'49 "W 144.68' li
1/2- 3 F.I.R. 1/2 "/ y �
LS X1332 r #5263 (^1
/ ✓ N
i
/ SCALE. 1' =4o'
0
ea
�el� ABBREVIATION LEGEND
1 F.I.R FOUND IRON ROD, SIZE INDICATED
R/W RIGHT —OF —WAY
JOB /K04275 PP POWER POLE
OHW OVERHFAn unpr
CERTIFIED FOR SPECIAL PURPOSE SURVEY
I HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM
TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN
CHAPTER 61G17 -6, FLORIDA ADMINISTRATIVE CODE,
PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
LAWRENCE P. FRANK, P.L.S. #4619 DATE:
Phone (305) 664 -0764 FAX (305) 664 -0816
83266 OVERSEAS HIGHWAY, SUITE 500, ISLAMORADA, FLORIDA 33036
Florida Department of Transportation, District VI
Item /Segment No.
Section Job No.:
State Road No.:
County.
Parcel No.:
4152302
99006 -2590
5, (U.S. 1)
Monroe
6057 (RWMS. 522)
Sheet 2 of
Packet Pg. 2801
Doc# 1518402 05/25/2005 8:50AM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
Doc# 1518402
Bk# 2117 P9# 893
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS THAT:
Item/Segment No.
Sect/Job No.:
State Road No.:
Parcel No.:
4152302
90060 -5240
5, US 1
6056
WHEREAS, Monroe County, hereinafter called the County, has an ostensible or apparent
interest or record or otherwise in the property hereinafter described, although it claims no
actual interest and,
WHEREAS, the ostensible or apparent interest of the County has created a cloud on the
title of the Department of Transportation, the true owner, and
WHEREAS, the County has been asked to clarify the situation:
NOW THEREFORE, the County disclaims any and all interests in that particular lease
Agreement dated 16"' August 1977 granted to the County by the Florida Department of
Transportation for property located in Islamorada, Florida as described in Exhibit "A" of
the lease agreement. Such lease agreement expired on 15' August 1992 (15 years) and
was recorded in the County of Monroe in Official Records Book 737, Pages 390 -392. By
these presents the County asserts and proclaims that it has no interest at all in the
aforementioned expired lease agreement.
IN WITNESS WHEREOF, the County has caused these presents to be signed in the
name of Monroe County, Florida by the Board of County Commissioners of Monroe
County by the Chairman of the Board on the 18 day of May, 2005.
By: ,{ Z�Z
Chairman oft a Board
Attest: 1% c .
DANNY KOLHAGE
Clerk of the Board
i � -
Florida Department of Transportation
JEB BUSH Right of Way Administration
GOVERNOR 1000 NW 111` Avenue, Room # 6105B
Miami, Florida 33172
March 23, 2005
Suzanne A. Hutton, Esq
Assistant County Attorney
County of Monroe
310 Fleming Street, Room 29
Key West, Florida 33040
Doca 1518402
Bka 2117 Pga 894
Subject: Disclaimer and Addendum to Leases between Monroe County and FDOT
Applicant
Item Segment No.
Sect/Job No.
Federal Job No.
State Road No.
County
Parcel No.
Dear Ms. Hutton:
Patric & Melinda Sheldon
2502681
90060 -2517
N/A
5, (US 1, Bayside)
Monroe, Islamorada MM 82.5
6056 (and 6057 — the Sheldon Parcel)
JOSE ABREU
SECRETARY
This is to confirm our brief telephone conversation several weeks ago regarding the two leases
granted to Monroe County by the Florida Department of Transportation in 1977 and 1995 for a
parcel of land at MM 82.5 used by the Islamorada Chamber of Commerce.
The first lease agreement was granted to Monroe County in 1977 for a 15 year period for a parcel
of land known as part Parcel No.2 comprising 44,192 sq.ft.. The lease covered the area where the
caboose is located and also includes an area to the East, abutting property owned by the
Sheldons, (now known as Parcel 6057, containing 15,000 sq.ft.) The lease agreement was
recorded by the County at OR Book 737, Pages 390 -392. A three year extension was requested
by the County but it was not formalized.
The recorded lease agreement, although it has expired, creates a cloud on the title. I propose
therefore that the county execute and record a Disclaimer or a Quitclaim Deed, releasing any
interest it did have in the expired lease agreement. This will enable us to clear any cloud on the
title and proceed with the sale of Parcel 6057 to the Sheldons'.
www.dot.state.ffus ® RE
Packet Pg. 2803
Doea 1518402
Bkp 2117 P9a 895
Suzanne A. Hutton, Esq
Assistant County Attorney
Page 2
Subject: Disclaimer and Addendum to Leases between Monroe County and FDOT
Following expiry of the 1977 lease the FDOT granted the County another lease dated 24 May
1995 for a 30 year term for $1.00 per annum, with 30 days notice by either party at any time. At
the time negotiations were in progress for the 1995 lease the FDOT and the County agreed to
exclude Parcel 6057, (abutting the Sheldon property), from the new lease. The attached letter
from Alberto Villareal to you dated February 23, 1995, confirms our intentions. Prior to the
FDOT's discussions with the County the Department had discussed and agreed with the
Islamorada Chamber of Commerce to exclude this parcel from the new lease, in view of the
Sheldons' claim to access /aggress over this parcel to US 1.
Neither the County nor the Chamber makes us of this parcel. The Chamber agreed to this
reduction as evidenced by the lesser area in the sublease, 29,129 sq.ft.
However, at the time the 1995 lease agreement to Monroe County lease was executed the
original legal description containing an area of 44,192 sq.ft. was inadvertently used again as
Exhibit "A" to the document. We now need to correct this, by way of an Addendum to the Lease
Agreement reducing the current legal description by the area comprising Parcel 6057, (15,000
sq.ft.) which will then be conveyed to the Sheldons.
I will send both the Disclaimer and Addendum to Lease Agreement to you by e -mail in case you
wish to make any changes. Would you please review the solutions suggested above, the
documents attached and call me, if you have any questions. Mr. Sheldon and the Department
have agreed on a price and all the other formalities are concluded. As soon as the releases from
the County are resolved the Department can close this parcel with the Sheldons'.
I am also sending you a FDOT Right of Way Map with the areas shown for reference.
I would appreciate your attention to the foregoing, please.
Since ly,
W. . R en, R.P.A.
Prope Management
(305) 470 5236
Sheldon Monroe Cty ltr 2
MONROE COUNTY
OFFICIAL RECORDS
Form 225 - 080 -03
OW - 0003
07/94
LESSEE : Monroe Count
W.P.I. NO.: 6116663
COUNTY : Monroe. Upper Matecumbe Key,
MM 82
SECTION : 90060, Sheet 26 of 32
STATE ROAD: 5 Bayside
FAP NO. : N_
/A
PARCEL NO.: 6056
LEASE AGREEMENT
This AGREEMENT, made this 2LA day of AQy 1995, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
(hereinafter called the Lessor), and MONROE COUNTY, FLORIDA
(hereinafter called the Lessee),
WITNESSETH•
In consideration of One Dollar ($1.00) and other good and
valuable considerations, the Parties agree as follows:
1. Property and Term. Lessor does hereby lease unto Lessee
the lands described in Exhibit "A ", attached hereto and made a part
hereof, for a period of Thirty (30) years beginning with the date
of this Agreement. This Agreement may be renewed for an additional
Five (5) year. term at Lessee's option, subject to the rent
adjustment as provided in Paragraph 3 below. Lessee shall provide
Lessor 120 days advance written notice of its exercise of the
renewal option.
If Lessee holds over and remains in possession of the land
after the expiration of the term specified in this Lease, or any
renewals of such term, Lessee's tenancy shall be considered a
tenancy at sufferance, subject to the same terms and conditions as
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Fora 225 - 080 -03
OOC - 0003
07/94
herein contained in this Lease. This Lease is subject to all
utilities in place and to the maintenance thereof as well as any
other covenants, easements, or restrictions of record.
This Lease shall be construed as a Lease of only the interest,
if any, of Lessor, and no warranty of title shall be deemed to be
given herewith.
2. Use. The leased land shall be used solely for the
purposes of a historical museum, rest station and parking
facilities. No signs of anv kind wil be permitted on the leased
right of way area If the land is used for any other purpose, the
Lessor shall have the option of immediately terminating this
Agreement. Lessee shall not permit any use of the land in any
manner that would obstruct or interfere with any transportation
facilities.
The Lessee will further use and occupy said premises in a
careful and proper manner, and not commit any waste thereon.
Lessee will not cause, or allow to be caused, any nuisance or
objectionable activity of any nature on the premises. Any
activities in any way involving hazardous materials or substances
of any kind whatsoever, either as those terms may be defined under
any state or federal laws or regulations or as those terms are
understood in common usage, are specifically prohibited. The
Lessee will not use or occupy said premises for any unlawful
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OOC - 0003
07/94
purpose and will, at Lessee's sole cost and expense, conform to and
obey any present or future ordinances and /or rules, regulations,
requirements and orders of governmental authorities or agencies
respecting the use and occupation of said premises.
3. Rent. Lessee shall pay to Lessor as rent, on or before the
first day of each rent payment period, the sum of One Dollar
(51.00) plus tax, for each one (1) year of the term. If this
Agreement is terminated prior to the end of any rent payment
period, the unearned portion of any rent payment, less any other
amounts that may be owed to Lessor, shall be refunded to Lessee.
Lessee shall pay any and all state, county, city and local taxes
that may be due during the term hereof, including any real property
taxes. Rent payments shall be made payable to the Florida
Department of Transportation and shall be sent to the State of
Florida, Right of Way Administration, 1000 N.W. 111th Avenue,
Miami, Florida 33172. The Lessor reserves the right to review and
adjust the rental fee biennially and at renewal to reflect market
conditions. Any installment of rent not received within ten (10)
days after the date due shall bear interest at the highest rate
allowed by law from the due date thereof. This provision shall not
obligate Lessor to accept late rent payments or provide Lessee a
grace period.
4. Improvements. No structures or improvements of any kind
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Form 225 - 080 -03
OOC - 0003
0'7/94
shall be placed upon the land without prior approval in writing by
the District Secretary for District Six of Lessor. Any such
structure or improvements shall be constructed in a good and
workmanlike manner at Lessee's sole cost and expense. Subject to
any landlords lien, any structures or improvements constructed by
Lessee shall be removed by the Lessee, at Lessee's sole cost and
expense, by midnight on the day of termination of this Agreement
and the land restored as nearly as practical to its condition at
the time this agreement is executed. Portable or temporary
advertizing signs are prohibited.
Lessee shall perform, at the sole expense of Lessee, all work
required in the preparation of the property or premises hereby
leased for occupancy by Lessee, in the absence of any special
provision herein contained to the contrary; and Lessee does hereby
accept the leased property or premises as now being in fit and
tenantable condition for all purposes of Lessee.
Lessor reserves the right to inspect the leased area and to
require whatever adjustment to structures or improvements as
Lessor, in its sole discretion, deems necessary. Any adjustments
shall be done at Lessee's sole costs and expense.
5. Maintenance. Lessee shall keep and maintain the land and
any building or other structure, now or hereafter erected thereon,
in good and safe condition and repair at Lessee's own expense
during the existence of this lease, and shall keep the same free
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Form 225 - 080 -03
OW - 0003
07/94
and clear of any and all grass, weeds, brush and debris of any
kind, so as to prevent the same becoming dangerous, inflammable or
objectionable. Lessor shall have no duty to inspect or maintain
any of the land, buildings or other structures, if any, during the
terms of this Lease; however, Lessor shall have the right, upon
twenty -four (24) hours notice to Lessee, to enter the property for
purposes of inspection, including conducting an environmental
assessment. Such assessment may include but would not be limited
to: surveying; sampling of building materials, soil and
groundwater; monitoring well installations; soil excavation;
groundwater remediation; emergency asbestos abatement; operation
and maintenance inspections; and, any other action which might be
reasonable and necessary. Lessor's right of entry shall not
obligate inspection of the property by Lessor, nor shall it relieve
the Lessee of its duty to maintain the property. In the event of
emergency due to a release or suspected release of hazardous waste
on the premises, Lessor shall have the right of immediate
inspection, and the right, but not the obligation, to engage in
remedial action, without notice.
6. Indemnification. The Lessee is self- insured for any
general liability claims that may arise and to the extent provided
in section 768.28 (5), Florida Statute. The Lessee shall
indemnify, defend, save and hold Lessor, its agents and employees,
harmless of and from any losses, fines, penalties,
5
Form 225 - 080 -03
OW - 0003
Q?
07/94
costs, damage, claims, demands, suits and liabilities of any
nature, including attorneys fees (including regulatory and
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appellate fees), arising out of, because of, or due to any
accident, happening or occurrence on the leased land or arising in
any manner on account of the exercise or attempted exercise of
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Lessee's rights hereunder, whether the same regards person or
property of any nature whatsoever, regardless of the apportionment
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of negligence, unless due to the sole negligence of Lessor. It is
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further understood that should the Lessee sublet the property in
question, that the Sub - lessee shall indemnify and hold harmless the
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Lessor under the same terms and conditions set forth herein,
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excluding all provisions which apply to governmental agencies.
Lessee's obligation to indemnify, defend, and pay for the
defense or at the Department's option, to participate and associate
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with the Department in the defense and trial of any claim and any
related settlement negotiations, shall be triggered by the
Department's notice of claim for indemnification to Lessee.
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Lessee's inability to evaluate liability or its evaluation of
liability shall not excuse Lessee's duty to defend and indemnify
within seven days after such notice by the Department is given by
registered mail. Only an adjudication or judgment after the
highest appeal is exhausted specifically finding the Department
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solely negligent shall excuse performance of this provision by
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Lessee. Lessee shall pay all costs and fees related to this
obligation and its enforcement by the Department. Department's
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Form 225 - 080 -03
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failure to notify Lessee of a claim shall not release Lessee of the
above duty to defend. Lessee shall defend the Lessor to the extent
provided in section 768.28 (18) Florida Statute.
7. Insurance. Lessee is self- insured and will cover the
State of Florida Department of Transportation as stated in
Paragraph 6 of this agreement. Lessee will protect Lessor and
Lessee against any and all claims for injury and damage to persons
or property or the loss of life or property occurring in, or on
about the land arising out of the act, negligence, omission,
nonfeasance or malfeasance of Lessee, its employees, agents, sub-
lessees contractors, customers, licensees and invitees.. Should the
Lessee sub -let or assign the property in question the sub -lease
shall be required to include the Lessor on the Sub - lessee's
certificate of insurance which shall be in a minimum amount of One
Million Dollars ($1,000,000.00) for bodily injury or death to any
one person or any number of persons in any one occurrence not less
than One Million Dollars for property damage. The Sub - Lessee
should name the State of Florida Department of Transportation
(FDOT) as an insured party under the policy. The Sub - Lessee shall
provide FDOT with proof of insurance upon demand by FDOT.
8. Eminent Domain. Lessee acknowledges and agrees that its
relationship with Lessor under this Lease is one of Landlord and
Tenant and no other relationship either expressed or implied shall
be deemed to apply to the parties under this Lease. Termination of
this Lease for any cause shall not be deemed a taking under any
7
Form 225 - 060 -03
OOC. - 0003
07/94
eminent domain or other law so as to entitle Lessee to compensation
for any interest suffered or lost as a result of termination of
this Lease, including but not limited to (i) any residual interest
in the Lease, or (ii) any other facts or circumstances arising out
of or in connection with this Lease.
Lessee hereby waives and relinquishes any legal rights and
monetary claims which it might have for full compensation, or
damages of any sort, including but not limited to special damages,
severance damages, removal cost or loss of business profits
resulting from its loss of occupancy of the leased property
specified in this Agreement, or adjacent properties owned or leased
by it, when any or all such properties are taken by eminent domain
proceedings or sold under the threat thereof. This waiver and
relinquishment applies whether (i) this Lease is still in existence
on the date of taking or sale; or, (ii) has been terminated prior
thereto.
E:
Form 225 - 080 -03
OOC - 0003
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9. Miscellaneous.
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a. This Agreement may be terminated by Lessor
immediately, without prior notice, upon default by Lessee
hereunder, and may be terminated by either party upon thirty (30)
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days prior written notice to the other party.
b. In the case of litigation arising out of the
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enforcement of any terms, covenants or provisions of this Lease,
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the prevailing party shall be entitled to recover its reasonable
attorneys' fees from the non - prevailing party.
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C. Lessee acknowledges that it has reviewed this Lease,
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is familiar with its terms and has had adequate opportunity to
review this lease with legal counsel of Lessee's choosing. Lessee
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has entered into this Lease freely and voluntarily. This Lease
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contains the complete understanding of the parties with respect to
the subject matter hereof. All prior understandings and
agreements, oral or written, heretofore made between the parties
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and /or between Lessee and the previous owner of the leased property
and landlord of Lessee are merged in this Lease, which alone, fully
and completely expresses the agreement between Lessee and Lessor
with respect to the subject matter hereof. No modification, waiver
or amendment of this Lease or any of its conditions or provisions
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Form 225 - 080 -03
00C - 0003
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shall be binding upon Lessor or Lessee unless in writing and signed
by both such parties.
d. Lessee shall not sublet the leased property or any part
thereof, nor assign this Lease, without the prior consent in
writing of Lessor, this Lease being executed by Lessor upon the
credit and reputation of Lessee. Acceptance by Lessor of rental
from a third party shall not be considered as an assignment or
sublease.
e. Lessee shall be solely responsible for all bills for
electricity, lighting, power, gas, water, telephone and telegraph
services, or any other utility or service used on the land.
f. This Agreement shall be governed by the laws of the State
of Florida, and any applicable laws of the United States of
America.
g. All notices to Lessor shall be sent to the address for
rent payments and all notices to Lessee shall be sent to the
property address.
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Form 225 - 080 -03
OOC - 0003
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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed, the day and year first above written.
APPROVED AS TO FORM,
AND LEGALITY:
Di�pf ict Gefnerlal CbuAse
D. Michael /Schloss
STATE OF FLORIDA TMENT OF
TRA 7J j2s N - LES R
By: W r)
tric cretary
e Abreu
DA TE: J 2Z ATTEST: SEAL
Executive ecretary
Margaret Higgins
By:
LESSEE: ONROE COUNTY,
91 +S FLORIDA
TITLE: Chairman of the Board
DAMff U 1CMyMGA Clerk
ATTEST: S
4 ell - 617
TITLE: Clerk of the Board
APPROVED AS TO FORM,
AND LEGAL SUFFICIENCY
By:
torney's Office
Date: 31/
11
E X H I B I T "A" D. O. T PARCEL 6 0 5 6
DOT PARCEL 6056
LEESSEE Monroe County
W.P.I. NO. 6116663
STATE /JOB NO. 90060, Sheet 26 of 32
F.A.P. NO. N/A
STATE ROAD NO. 5, Bayside
COUNTY /KEY Monroe, Upper Matecumbe Key, MM 82
SECTION, TOWNSHIP
AND RANGE Section 28, Township 63 South, Range 37 East
D E S C R I P T I O N:
The following is the description of a parcel of land leased by
Monroe County, Florida from the D.O.T of The State of Florida.
That part of section 28, Township 63 South,Range 37 East, Upper
Matecumbe, Monroe County,' Florida, shown as "NOT PART. OF THIS
PLAT ", as shown on the Plat of Stratton's Subdivision as recorded
in Plat Book 2 at Page 38 in the Public Records of Monroe County
being more particular described as follows:
Begin at the intersection of North Line of Government Lot 4 of
said Section 28 with the North R/W Line of U. S. 1,
thence run Westerly along the North R/W Line a distance of 493.97
feet;
thence at Right Angles to the last described course a distance of
100 feet;
thence Easterly, Right Angles to the last described course a
distance of 389.41 feet to a Point on the North Line of said
Government Lot 4;
thence Easterly along the North Line of said Lot 4 a distance of
144.68 feet to the Point of Beginning.
The foregoing containing 44,192 SO.FT.(1.02 Acres) more or less.
NOTE: Subject to restrictions, reservations, conditions and
easements of record, any utilities remaining in place and in use,
if any. This property cannot be used for outdoor advertising
purposes.
Following is a disrcription of a portion of property to be subleased
by the Islamorada Chamber of Commerce:
That part of Section 28, Township 63 South, Range 37 East, Upper
Matecumbe, Monroe County, Florida, shown as "NOT PART OF THIS
PLAT ", as shown on the Plat of Stratton's Subdivision as recorded
in Plat Book 2 at Page 38 in the Public Records of Monroe County
being more particular described as follows:
Begin at the intersection of the North Line of Government Lot 4
of said Section 28 with the North R/W Line of U. S. 1;
thence run Westerly along the North R/W Line a distance of 150.00
feet to the Point of Beginning;
thence continuing Westerly along the North R/W line a distance of
343.97 feet;
thence at Right Angles to the last described course a distance of
100 feet;
thence Easterly at Right Angles of the last described course a
distance of 239.41 feet;
thence run North 89 Degrees 51' 49" East for a distance of 144.68
feeet to the Point of Beginning.
The foregoing containing 29,192 SQ.FT.(0.6702 Acres) more or less.
Included in the above described parcel of land is a portion of
land known as "TRACT A" the descriptions and restrictions are
more particularly described as follows:
Begin at the intersection of North Line of Government Lot 4 of
said Section 28 with the North R/W Line of U. S. 1,
thence run Westerly along the North R/W line a distance of 150.00
feet to the Point of Beginning;
thence continuing Westerly along the North R/W line a distance of
28.93 feet;
thence run South 89 Degrees 51' 49" West for a distance of 39.96
feet;
thence run North 43 Degrees 51' 34" west for a distance of 27.68
feet;
thence run North 89 Degrees 51' 49" East for a distance of 80.00
feet to the Point of Beginning.
The foregoing containing 1,200 SQ.FT.(0.0275 Acres) more or
less.
NOTE: The following restrictions apply to the foregoing
description known as "TRACT A ".
Lessee, its assigns, successors or sublessees, are prohibited
from clearing, altering or engaging in any development activity
within the area described as "TRACT A ". It is the intent of this
prohibition to preserve the vegetated area located within TRACT A
so as to serve as a natural buffer between the leased premises
and the adjoining parcel.
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FAI TRANSMITTAL COVER SHEET
DATE: �l! l�l. �f..�
FAX TO: C�a l rca C71'r ` !!Y an
COMPANY: Chom b er 0 (-O - ce
TOTAL NUMBER OF PAGES. INCLUDING COVER SHEET: vet7 7
FAX NUMBER DIALED: 3D
DEPARTMENT NUMBER: " Z 4170 S� 7
OUR FAX NUMBER: (305) 470 - 5699 OR 5564
COMMENTS: ee eeF C4 E /S I
TEL NO:89049220222 ##325 P01
DEPARTMENT OF TRANSFORTATIOIN
ach Q, warn
StCRITMET
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MAY- 20 -'93 15:45 ID:
LIM
Mn. A.L. Godwin, . A dm.i,n,i4tAatoh
React PhopeAty Management Section
ht o6 Clay Suheau.
state. o6 FtoWa
Depaktment 06 TAanepontatfon
Ta.. see, FZoh.icta 32304
x#325 P02
SECTION: ( 060-5240
STATE ROAD: U.S. 1
COu NTV: Mc taxo _
PARCEL: Ph -RT PARCEL 2
(Patcef- No.
(x) Pant
Utah MA. Godwin:
Pteabe be advized that the LEASE AGREEKYM
executed by the STATE OF FLORIDA, 'DEPARTMENT OF TRANSPOVATION,
w4th MONROE COUNT '
dated AUGUST 16 1977 , W been jited 6c% necond in
the o66ice o the Ctenh o the C.Acu.it Couxt b an the CowLty o6
2h , $We 06 FloAi.da, on the 41 day o6
0 R
A.fl. , 19 and teeotded in Oeee Book � Page (s) 0
and the hecond ven.i j i.ed.
le4 0 1/' AM
TEL N0:e9049220228
V tnuty youh.a,
CZeAk o6 Citc.uit Cc un t
NOTE TO RECORDING CLERK
Pteue 6itt in the above Zetteh and ma.it same to:
Mh. w. A. MaieA
DiztA.i r-t Right 06 Way Adminizt t to
She o6 F. oAida
D o 6 TAaopoAta ton
730 S.w, 24th St ut
Ft. Laudendai'e, Fto-ki.da 33315
MAY-20-'93 15:45 ID:
t�
fEL N0:6904922022e
COUNTY:
SECTION:
STATE ROAD
PARCEL NO:
LEASE AGREEMENT
it325 P
Monroe
90060 -Proj. 5240
U.S. No. 1
Part Parcel No. 2
+ THIS AGREEMENT, made this 16t day of _ - August
19 77 by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, an agency of the State of Florida, hereinafter called
"Lessor ", and MONROE COUNTY, FLORIDA, hereinafter called "Lessee ";
W I T N B S S E T H
In consideration of the covenants contained herein the
parties agree as follows:
1. Lessor does hereby lease to Lessee, for good and
sufficient consideration, the land described in Exhibit "A ", attached
hereto and made a part hereof, for a term of fifteen (1S) years from
the date hereof and further agrees to an extension of such term for
an additional five (5) years upon request of Lessee.
2. The land shall be used solely as the site for a
h is t ori c al muse um, rest station, and parking facility, and no
advertising signs shall be,permitted.
If Lessee ceases to use the
land for the purposes specified, this
agreement shall terminate.
Proposed plans for development of the
land shall be approved by the
Department before the construction of
any improvements thereon.
N
Development of the site in accordance
with approved plans shall be
completed within three years from the
date hereof, otherwise this
m
J
lease shall terminate.
"
r�
3. Upon expiration of the lease term, Lessee shall, at the
CD
option of Lessor, either:
c
(a) Deliver possession
of the leased property,
' together with any improvements located thereon, to Lessor, whereupon
0
title to such improvements shall vest
in Lessor, or
(b) Remove all improvements placed oa the land and
deliver possession to the Lessor with
the lapd restored as nearly as
practical to its present condition.
MAY-20 15:45 ID: TEL NO e'9049220220 4325 F04 I R
Lessee shall make no assignment of ar,y interest in
this Lease Agreement and shall not enter into any sublease, license or
franchis agreement in connection with the leased land, except with the
consent o Lessor, tahich consent will not be unreasonably witaheld.
5. Lessee, as part of the consideration for this Lease
Agreement, assumes full responsibility for the condition of the
premises during the term of this Lease, including any latent hazardous
conditions, and agrees to indemnify, defend, save and hold harmless
Lessor from any loss, liabilities, claims, demands and suits of any
nature which may arise out of or because of any accident, happening
or occurrence in or about the demised premises or the improvements
thereon.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed, the day and year first above written.
, 4N ANO F%F.CU6'Itsty
i A3 I SA N ,Fq {aTION
CN 4ft�e
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
BY:
are #o Minlstxat on
ATTEST; EAL)
rx cutzv ecretary
MONROE COUNTY, FLORIDA
BY:
�r r F, Imwt! -�
ehe, an of the Board
TLE:
TTES
TITL ig. to the Baaxd
g 'R
f
c
Z
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N
MAY-20- 15:47 ID: TEL NO:99049220229 #325 P05
EXIIIDIIT "A."
Section 90060-Ilroi. 5240
U. S. No. I
Monroe County
Part Parcel No. 2
That part of Section 28, Township 63 South, Range
37 East, Upper Matecumbe, ,jonroc County, 111orida,
show as " not a part of this plat", as shown on
the Plat of Strat'tOWS subdivjs�.on as rocorded in
Plat Book 2 at Page 38 in the Public Reco� of
Monroe County being more particularly desoribed
as follows;
Begin at the int ' ergection of the North Line of
Government Lot 4 of said Section 28 with nhe
North R/W Lino of U. S. 1, thence run Wes•:erly
along the North R/W Line a distance of 493-97
feet; thence at Right Angles to the last tlescribed
course a distance of 100 feet; thence I�ac• °rerly at
right angles to the last described course A distance
of 389A1 feet to a Point on the North Line of
said Governiaent Lot 4; thence Easterly along the
North Line of said Lot 4 a distance of 14-1.68 feet
to the Point of Beginning.
NOTE:
Sub—ject t restrictions, reservations, conditions
an d easements of record, a utiljtj,cs remaining
in place and in uso, j.f any. This proper:y cannot
be used for outdoor advertising pu3:j)0SQ
STATE 01 1-.- Oil
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W
RESOLUTION NO 1 91 -1977
A RESOLUTION AUTHORIZING THE MAYOR AND CHAIRMAN OF
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, TO EXECUTE A LEASE AGREEMENT BY AND BE-
TWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPOR-
TATION AND MONROE COUNTY, FLORIDA, FOR PROPERTY
ON ISLAMORADA, MONROE COUNTY, FLORIDA' TO BE USED
FOR A HISTORICAL MUSEUM, REST STATION, AND PARKING
FACILITY.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman be authorized to execute a
Lease Agreement by and between the State of Florida Department
of Transportation and Monroe County, Florida, cop7 of same being
attached hereto, for property on Islamorada, Monroe County,
Florida, to be used for a historical museum, rest station, and
parking facility.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting h•ald on the 16th
day of August, 1977.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY -
yor'ail airman
(Seal)
Attest:
r
6
r
I (--HERE Y CERTIFY th ?t t°ds docuricn':
t °L:
my
By
V4
P,tlorney s Office
°MGY- ° -20 -' 93 15:48 ID:
TEL N0:89049220228 03 25
STATE OF FLORIDA,
ss.
COUNTY OF MONROE.
I HEREBY CERTIFY that the foregoing is A true
co py of a Resolution adopted by the Board of County
Commissioners of Monroe County, Florida, at a meeting
of said Board duly held on the 16th day of
,Lu ust , A.D. 19--L
22nd
WITNESS my hand and official seal this.
August A.D. 19 77.
day of
(SEAL)
Ral h ti . White
Clerk o the Circu't Court in
and for Monroe Cou:ity, Florida,
and ex officio Cle: °k of the
Board of County Commissioners
of Monroe Count ;'lorida.
By:
. De ty Clexk
. °