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2. 03/15/2000 Modified Lease Agreement 1!lannp 1L. ~o[bagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATIION, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD SlREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: April 4, 2000 TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Assistant Public Works Division Pamela G. Hancor~ Deputy Clerk U FROM: At the March 15, 2000, Board of County Commissioner's meeting the Board granted approval to rescind Lease Agreement and granted approval and authorized to enter into a modified Lease Agreement with the Marathon Yacht Club for bay bottom adjoining the Marathon Yacht Club site by changing the annual renewal option to an annual review. Enclosed please find a certified copy of the above for your handling. Should you have any questions, please do not hesitate to contact this office. Cc: County Administrator wlo document County Attorney Finance File MEMORANDUM TO: Belle DeSantis Clerk's Office FROM: David S. Koppel ~ County Engineer (}I DATE: April 3, 2000 RE: Marathon Yacht Club Bay Bottom Lease Please find enclosed the above-referenced lease for execution by the Clerk's office. If you have any questions, please contact me office at ext.4426. Thank you. DSK/jl Mthn Y achtLeaseBelle.DOC Cc: James L. Roberts Dent Pierce Engineering Department 5100 College Rd. Key West, FL 33040 (-.' --- BOARD OF COUNTY Mayor.shirley Freeman, District 3 Mayor Pro tern George Neugent, District 2 Wilhelmina Harvey, District I Nora Williams, District 4 Mary Kay Reich, District 5 !OKl!~ErY ~o~~~E (305) 294-4641 . March 17, 2000 William E. Weir, Commodore Marathon Yacht Club 825 33rd Street, Gulf Marathon, FL 33050 RE: Marathon Yacht Club Bay Bottom Lease Dear Commodore Weir: Please find enclosed the above-referenced lease approved by the Monroe County Board of County Commissioners at their March 15,2000 meeting. Please execute the lease agreement and return to my office as soon as possible. If you have any questions please do not hesitate to call me at (305) 292-4426. Thank you for your attention to this matter. ~:;L:--- David S. Koppel, P.E. County Engineer DSK/jl Mthn YachtClubLeaseCWR.DOC Cc: James L. Roberts Dent Pierce YACHT CLUB LEASE LEASE, made this IS"~ day of March, 2000, between the Board of County Commissioners of Monroe County, Florida (Lessor), and the Marathon Yacht Club, of Monroe County, Florida, (Lessee). In consideration of the mutual covenants herein expressed Lessor leases to Lessee all rights which may be owned by Lessor in the bay bottoms adjoining the land described in attached Exhibit A and extending to the adjacent channels, subject to the following conditions: 1. TERM: The term of this Lease shall be for ten years, with an annual review on the anniversary date, beginning on June 28, 1999, and ending on June 29, 2009. 2. RENTAL: Lessee shall pay Lessor the sum of two thousand ($2,000.00) dollars per year beginning on the date of the signing of this Lease and at yearly intervals thereafter. The rent shall be adjusted annually on the anniversary date of this Lease to reflect the Consumer Price Index change for goods and services in South Florida. 3. PAYMENT OF RENT: Rent shall be paid in advance, and if any installment becomes more than 30 days overdue, or in case of any other default by Lessee in the ~ o (:) Q conditions of this Lease, Lessor may consider Lessee a tenant at suffer~'?pn~a~ or-.:c:: _ r- "., ~ ""< ::0 "l immediately enter upon the premises and take possession thereof. gi:? r- 1:- ~ ~=O~ <::) -t' 0 .:ba .:::0 4. SUBLEASE OR ASSIGNMENT: Lessee shall not sublet or asq;;j,y ~rt~ ';- C'< ",' C') /~ "., CIJ. <::) of the premises without the prior written consent of Lessor. Q) ig 5. REGULATIONS: Lessee shall promptly comply with all applicable federal, state, and county laws, statutes, ordinances, and regulations pertaining to the use or occupancy of the premises and shall not permit any part thereof to be used so as to constitute a nuisance, or for any illegal or immoral purpose. 6. DAMAGES: Lessee waives and releases Lessor from all claims for damages due to injury to the persons or property of Lessee's employees, clients, customers, guests, agents, or servants resulting from any incident which occurs on or in the premises. 7. RETURN OF PREMISES: At the end of the term herein or any extensions thereof, Lessee shall return the premises and any improvements thereto to Lessor in as good condition as when first leased, normal wear and tear excepted, and shall commit no waste during the term of this Lease. IN WITNESS WHEREOF, the parties hereto have signed this instrument on the JS~.,day of March, 2000. " ......... ~. ~ (<SEAL) ).,~ .\~ LATTEST: DA~Y L. KOLHAGE, CLERK ~'~~~ ' .'-~'.-~.:_~.' ,- --.~ " - . Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By cS'~-F~ Mayor/Chairman (SEAL) :~l ~ By ecretary -------- jlconyachti MAR A THON YACHT CLUB tJ~ z. r:)~ p....c:i"'att Cc, 1M /,fA.OoI4 ".--<-. 2 -.-...-- , '.1\' . ....4~" .LEOAL..;'.tlE_M'P.'tI.ON (MAMTHON YACfn: .CLuB. SITS) 'A . arcel ot land being a portiono('".t;fl~ "areater Maratho~ Chamber oC. .' co!:mcrce Site" as described In. t.he.a:tt:~~hed legal description. said parcel oC land being more part I C.U far 1'Y-' d~~cribed as tallows" . . , . t - .. c:o.\9.mNCE at the intersection ot the Eas.t. line oC Government Lot 3 ot Sec.tlon 10. Township 66 South. Range '.~.2 East and the cente~line at U.S. Highway No.1 (State Road No.5); thence S74020'W along saId centerline -~{.~~$~ Highway No.1 tor 2642.55 ~ee~; thence N15040'W tor 50.00~feet to an Intersection with the NortherI:y,'rfght-oC-way line or said U:S.__ Highway No.1; thence S74020'W along sord Northerly right-of-way line Cor 200.00 (.ect; th~nce N15040'W tor 440.00 Ceet; thence N74020'E tor . 84.00 teet to the Point oC Beginning of.the hereinafter described parcel ot land; \hence S140Z0'W along the last described line tor 84.00 feet; thence N15040'W tor 111 teet more or less to the mean high water line along the Northeasterly shore ot the existing yacht basin; thence meander northwesterly along said mean high water line and along the southwesterly Cace ot the existing concrete dock tor 300 feet more or less to the Northerly terminus ot said concrete dock; thence N74020'! tor 84 teet'more or less to an Intersection with a line bearing HI5040" tram the Point oC Beginning; thence S15040'E along said line Cor 411 ,-!-ee+--mo'r'e or less to the Point or BeginnIng. _... ..-..-- .. ........-- . . . .. .' . 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