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1. 06/27/1989 Lease Agreement .':>-"'\...~"~~ It:.. C.'?~.~:r "0 . !...::,1j-;,... ClJIO;;.;....~.. "': f"" 'I/O ~ui n. . ;} .. . :. .. ll.t.~...... _ .......~Q"f: 'I: '" ". ..' d". ~1-<9o ............."',... ~il:~COlJ""" A7 ~1.:~..,.9'"' mann!, JL. kolbagt 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"