02/21/1996 Agreement •
LEASE AGREEMENT
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, FL
33040 (Lessor/County), and cTCh`-...Cablevision`of Florida, Inc., whose address is 1700 N.
Roosevelt Blvd., Key West, FL 33040 (Lessee/TCI).
The~County owns'a t?act:'of"laridyori'"l orig'Key,:Florida, which has previously been
leased by TCI and its predecessors for use In connection with cable services provided
throughout Monroe County. T}iexpcirfies desire' that`'th'e'Cou"ntsridei a saki pfoperty`tooTCI
7 Fthe'd"u`rafi'cn of its existing County franchise:""Therefore, the County and TO agree as
:follows:
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1. PREMISES. The County leases to TCI the property described below:
A tract of land in a part of Government Lot 1,
Section 5, T. 65 S., R. 35 E., on Long Key, Monroe
County, Florida, and being more •particularly
described by metes and bounds as follows:
Commencing at the centerline of U.S. Highway No.
1 and the Point of Curve of Station 24068 plus 96.1,
Florida East Coast Railway Right of Way and Tract
Map, bear northeasterly along the centerline of
U.S. Highway No. 1 for a distance of 330.22 feet to
a point; thence at right angles and southeasterly
for a distance of 50.0 feet to the point of beginning
of the tract of land hereinafter described, said
point of beginning also being on the southeasterly
right-of-way line of U.S. Highway No. 1; from said
point of beginning, continue bearing southeasterly
and at right angles to U.S. Highway No. 1 for a
distance of 300.0 feet to a point; thence at right
angles and northeasterly for a distance of 300.0
feet to a point; thence at right angles and
northwesterly for a distance of 300.0 feet to a point
on the southeasterly right-of-way line of U.S.
Highway No. 1; thence bear southwesterly along •
the southeasterly right-of-way line of U.S. Highway
No. 1 for a distance of 300.0 feet, back to the point
of beginning.
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2. TERM. Lessee shall have and hold the above described premises for a term
commencing on March 9, 1995 and terminating on March 8,2010. .
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3. RENTAL AMOUNT. Lessee shall pay Lessor the sum of seven hundred fifty
dollars ($750.00) per month, payable on or before the ninth day of each month. The fee
shall be made payable to Monroe County and paid to the Clerk at Monroe County
Courthouse,500 Whitehead Street, Key West, FL 33040.
4. UTILITIES. Lessee shall promptly pay all gas, water, electric, cable, and any
other utility charges which may become payable during the term of this lease for utilities
used by the Lessee on the premises.
5. MAINTENANCE AND REPAIRS. Lessee shall be responsible for all maintenance
and repairs on the premises in accord with generally accepted business practices.
Lessee shall also be responsible for any of the premises damaged by the Lessee, its
officers,agents,and employees.
6. ALTERATIONS. Lessee shall have the right to make any alterations in and to
the demised premises during the term of this lease upon first obtaining the written
consent thereto of the Lessor,which consent shall not be unreasonably withheld.
7. RIGHT OF INGRESS AND EGRESS. Lessee shall have the right of ingress to and
egress from the premises described above.
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8. HOLD HARMLESS AND INDEMNIFICATION. Lessee covenants and agrees to
indemnify and hold harmless Monroe County Board of Commissioners from any and all
claims for bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and
expenses (including attomey's fees) which arise out of, in connection with, or by reason
of the Lessee utilizing the property governed by this lease agreement. The extent of
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liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
9. INSURANCE. The Lessee shall obtain,at its own expense, insurance as specified
below. The Lessee shall maintain the required insurance throughout the entire term of this
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lease agreement. Failure to comply with this provision may result in the immediate
termination of the lease agreement and the return of all property owned by the County.
The Lessee shall provide to the County as satisfactory evidence of the required
insurance, a Certificate of Insurance. All insurance policies must specify that they are
not subject to cancellation, non-renewal, material change, or reduction in coverage
unless a minimum of thirty (30) days prior notification is given to the County by the insurer.
The acceptance and/or approval of the Lessee's insurance shall not be construed as
relieving the Lessee from any liability or obligation assumed under this contract or
imposed by law.
The Lessee shall maintain General Liability Insurance throughout the life of the
contract and include, as a minimum:
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" Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
w Expanded Definition of Property Damage
. " Fire Legal Liability (with limits equal to the
fair market value of the leased property)
The minimum limits acceptable shall be$300,000 Combined Single Limit {CSL} If split
limits are provided, the minimum limits acceptable shall be$100,000 per person, $300.000
per occurrence,and$50,000 property damage.
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following_the termination of the lease
agreement.
The Monroe County Board of County Commissioners will be included as "Additional •
Insured" on all policies issued to satisfy the above requirements.
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Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Monroe County Risk Management.
10. INJURY OR DAMAGE TO PROPERTY ON PREMISES. Lessee shall be responsible
for all property of any kind that may be on the premises during the term of this lease,
and, except for any negligence of the Lessor, the Lessor shall not be liable to the Lessee
or any other person for any injury, loss or damage to property or to any person on the
premises. In the event that the demised premises or a major part thereof are destroyed
by storm or other casualty, the Lessor may, at its option, forthwith restore the demised
premises at its own cost and expense. Rental thereon will cease until the completion of
such restoration. If the demised premises cannot, after such casualty. be restored within
ninety (90) days, Lessee may terminate the lease,upon giving written notice to Lessor.
11. EXPIRATION OF TERM. At the expiration of the term of this lease, the Lessee
shall peaceably yield up to the Lessor the demised premises in good and tenantable
repair. It is understood and agreed that the Lessee shall have the right to remove from
the premises all personal property of the Lessee and all fixtures, machinery, equipment,
appurtenances, and appliances placed or installed on the premises by Lessee, provided
that the Lessee restores the premises to as good a state of repair as they were prior to the
removal. Lessee shall be solely responsible for any hazardous materials on the premises.
12. SUBLEASE ANb ASSIGNMENT. The Lessee shall nol sublet or assign all or any part
of the demised premises without prior written consent of the Lessor, provided, however.
that Lessee may assign the lease to an affiliate of Lessee without such consent upon
giving notice to Lessor of the assignment.
13. SUCCESSORS AND ASSIGNS BOUND BY COVENANTS. All the covenants.
stipulations and agreements herein shall extend to and bind the legal representatives,
successors and assigns of the respective parties hereto.
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14. WAIVER. The waiver by the Lessor of any breach of this lease by the Lessee
shall not be construed as a waiver of any subsequent breach of any duty or covenant
imposed by this lease.
15. EARLY TERMINATION. The County shall have the right, upon giving thirty (30)
calendar days written notice to the Lessee of its intent to terminate this Agreement due to
a breach of any of the Lessee's covenants under this Agreement, unless the Lessee shall
correct the default or breach within that thirty (30) day period. Either party may
terminate this lease without cause upon giving ninety (90) days written notice to the
other party.
16. RIGHT OF INSPECTION. The County may enter upon the premises now or
hereafter leased to Lessee at any reasonable lime for any purpose necessary, incidental
to, or connected with the performance of its obligations hereunder, or in the exercise of
its governmental functions.
17. NOTICE. Notices to the parties shall be sent by certified mail, postage
prepaid,and addressed to the following:
FOR COUNTY: FOR LESSEE: COPY TO:
Mayor and Chairman of the TCI Cablevision of TCI Southeast, Inc.
Board of County Commissioners Florida, Inc. Legal Department
Monroe County Courthouse General Manager 2204 Lakeshore Drive
P.O. Box 1680 1700 N. Roosevelt Blvd. Suite 325
Key West, FL 33040 Key West, FL 33040 Birmingham,AL 35209
18. TAXES AND ASSESSMENTS. Lessee shall pay all taxes and assessments which
may be lawfully levied by a duly constituted taxing body with respect to the demised
premises.
19. SURRENDER OF POSSESSION. Upon the expiration or other termination of this
lease or any renewal thereof, Lessee's right to use the premises, facilities, rights, licenses,
services and privileges herein leased shall cease and Lessee shall forthwith upon such
expiration or termination surrender same in good repair.
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20. DISCRIMINATION. The Lessee, In exercising any of the rights or privileges
herein granted to Lessee, shall not discriminate or permit discrimination against any
person or groups of persons on the grounds of race, color, sex, age, national origin, or
any other basis prohibited by law.
21. RENEWAL. The Lessee is hereby granted the option to renew this lease if Lessee
obtains a franchise renewal upon renegotiated terms and conditions. If Lessee desires to
renew this lease under the provisions of this article, it shall give Lessor written notice
thereof not less than ninety (90) days prior to the expiration of the term. Upon receipt of
notice of Lessee's intent to renew, County shall commence negotiations with Lessee.
Both parties shall negotiate new terms and conditions in good faith. This renewal option
shall not be available if the County does not grant a new franchise to Lessee.
22. AS IS. The Lessee accepts the property in "as-is" condition and County shall
not be obligated to repair, maintain, or renovate same.
23. GOVERNING LAW/VENUE. This lease shall be governed and construed in
accordance with the laws of the State of Florida. The venue on any action in this lease
shall be laid in Monroe County, Florida, and any action to determine the rights or
obligations of the parties shall be brought in the Sixteenth Judicial Circuit Court.
24. NO REPRESENTATION. County makes no representation, warranty,
guarantee, or averment of any kind whatsoever concerning the physical condition of
the premises at the commencement of this term, and it Is agreed that County will not be
responsible for any loss, damage, or cost which may be incurred by Lessee by reason of
any such physical condition.
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(TCl/Long Key Lease)
IN WITNESS WHEREOF, the parties hereto have caused this lease to be executed as of
the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE,CLERK OF MONROE COUNTY, FLORIDA •
By: L rl04,1/.44.) B >:.•�.JDep Mayor/chairman
(SEAL)
ATTEST: ICI CABLEVISION OF FLORIDA,INC.
By:
Thomas R. a en
Arthur O.Doha Title: Executhm Vice President
Assistant Secretor)!
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as/contracts/tcilong.
APPROVED AS T
AND LE CY
BY
A ORN ' p"MICE
DATE �i
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