1. 06/27/1989 Lease Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743.9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294.4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852.9253
MEMORANDUM
To: George Harper
ACA/Management Services
From: Rosalie L. Connolly, Deputy Clerk
Subject: Resolution No. 376-1989
Date: July 7, 1989
As you are aware, on June 27, 1989, the Board of County
Commissioners adopted Resolution No. 376-1989 authorizing execu-
tion of a Lease with Marathon Yacht Club for the lease of bay
bottom.
Attached are two certified copies of the subject Resolution and
three duplicate original copies of the Lease Agreement, all of
which have now been executed and sealed on behalf of the County.
It is my understanding that your Division will handle obtaining
the remaining necessary signatures. Please be sure to return one
fully-executed original to me as quickly as possible.
Rosalie L.
Deputy Clerk
Attachments
cc: Mayor M. Puto
Commissioner E. Lytton
County Attorney R. Ludacer
County Administrator T. Brown
Finance Director T. Medina
File
Mayor Michael Puto
RESOLUTION NO. 376 -1989
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR/CHAIRMAN OF THE BOARD TO
EXECUTE AN AGREEMENT FOR THE LEASE OF BAY
BOTTOM BETWEEN MONROE COUNTY, FLORIDA, AND
THE MARATHON YACHT CLUB
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute a lease between Monroe County,
Florida, and Marathon Yacht Club, a copy of same being attached
hereto and made a part hereof, of bay bottom to the Marathon
Yacht Club.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 27th day of ~~, A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~Mit:4t
Mayor a1. an
(Seal)
Attest: DANNX 4 J{OL~AG~ Clerk
NJ~ ~ fLLj~d/
Cl,r
"
APPROY.gl ~s TO ~
AN! Ii,' uFrfcIEIfCY.
BY _._~.
AI ' " .s ,)ffice
;'
YACHT CLUB LEASE
LEASE, made this ~ day of June, 1989, between the
Board of County Commissioners of Monroe County, Florida ("Les-
sor") ,
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 adj oining 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 10 years,
beginning on June 27 , 1989 and ending on June 26 , 1999.
2. RENTAL: Lessee shall pay Lessor the sum of one thou-
sand four hundred ($1,400) 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 conditions of this Lease,
Lessor may consider Lessee a tenant at sufferance and may immedi-
ately enter upon the premises and take possession thereof.
4.
SUBLEASE OR ASSIGNNENT:
Lessee shall not sublet or
assign any portion of the premises without the prior written
consent of Lessor.
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 prem-
ises 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 ser-
vants 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 ~ day of
J~~e.
, 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
~~~
MaYOr~rman
(SEAL)
Attest :~~ r... ~OLijAGE, ClEg~
~~'1/)L.
MARATHON YACHT CLUB
By
(SEAL)
Attest:
~~~
/ " 'ecre ary
~DA8 ro~i
6Y 1;,;;~~
.e
2
(
LEGAL DESCRIPTION
(MARATHON YACHT CLUB SITE)
A parcel of land being a portion of the "Greater Marathon Chamber of
Corrmerce Site" as described in the attached legal description, said
parcel of land being more particularly described as follows:
COMMENCE at the intersection of the East line of Government Lot 3 of
Section 10, Township 66 South, Range 32 East and the centerline of U.S.
Highway No.1 (State Road No.5); thence S74020'W along said centerline
of U.S. Highway No.1 for 2642.55 feet; thence N15040'W for 50.00~feet
to an intersection with the Northerly right-of-way line of said U.S.
Highway No.1; thence S74020'W along said Northerly right-of-way line
for 200.00 feet; thence N15040'W for 440.00 feet; thence N74020'E for
84.00 feet to the Point of Beginning of the hereinafter described parcel
of land; thence S74020'W along the last described line for 84.00 feet;
thence N15040'W for 111 feet more or less to the mean high water line
along the Northeasterly shore of the existing yacht basin; thence
meander northwesterly along said mean high water line and along the
southwesterly face of the existing concrete dock for 300 feet more or
less to the Northerly terminus of said concrete dock; thence N74020'E
for 84 feet more or less to an intersection with a line bearing N15040'~
from the Point of Beginning; thence S15040'E along said line for 411
feet more or less to the Point of Beginning.
.
..
EXHIBIT "A"