Assignment & Assumption 06/19/2002
MEMORANDUM
TO:
James T. Hendrick,
County Attorney
ATTN:
Jan Hotalen
Isabel C. DeSantis, ~
Deputy Clerk
FROM:
DATE:
Monday, July 15,2002
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At the June 19,2002 Board meeting, the following was approved:
Assignment and Assumption of Leasehold between Monroe County, the Marathon
Yacht Club of Monroe County and the City of Marathon, this item will finalize the
transfers related to the Yacht Club.
Attached hereto are two duplicate originals for your handling. Should you have
any questions concerning this matter, please feel free to contact this office.
Copies: Finance
"",File
ASSIGNMENT AND ASSUMPTION OF LEASEHOLD
THIS AGREEMENT for the assignment and assumption of leasehold is made by and
among all of the following parties:
1. The Board of County Commissioners of Monroe County, a political subdivision of
the State of Florida (Lessor);
2. The Marathon Yacht Club of Monroe County (Lessee); and
3. The City of Marathon, a municipal corporation of the State of Florida (City).
WITNESSETH
WHEREAS, the City was incorporated on December 31, 1999; and
WHEREAS, on September 20, 1982, the Lessor had leased unto the Lessee the real
property known as the Marathon Yacht Club, which lease agreement is attached hereto and
made a part hereof as Exhibit A; and
WHEREAS, title to said property was transferred to the City on September 20, 2000;
now, therefore
The Lessor, Lessee, and the City mutually agree as follows:
1. lessor assigns its rights and interest in the lease entered into on September 20,
1982, between the Lessor and the Lessee to the City. A copy of said lease is attached hereto as
Exhibit A.
2. Lessee consents to the lease Assignment through the expiration of the Lease on
August 31, 2052, under the same terms and conditions.
3. All responsibilities, liabilities, privileges and immunities held by the lessor
(County) pursuant to the lease are hereby transferred from lessor to the City.
4. This assignment will become effective on the date that the last party to sign
executes this assignment.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates written
below. ._;c;;o~.':-:,~,
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(SEAL)
Attest:
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City Clerk
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(SEAL)
Attest:
By~l 2~
~ Secretary
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~/ClvJjrroon
MARA THON YACHT CLUB
OF MONROE COUNTY
By~6~
corrt>'dore
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LEASE
THIS LEASE AGREEMENT, made and entered into this 20th day
of September ,1982, by and between the Marathon Chamber of
Commerce, Marathon, Monroe County, Florida, hereinafter called
Lessor, and the Marathon Yacht Club, Marathon, Monroe County, Flor-
ida, hereinafter called the Lessee:
tVITNESSETH:
-That the Lessor, for and in consideration of the rentals here-
inafter to be paid, and in further consideration of fhe covenants
hereinafter to be kept and performed by the Lessee, does lease unto
the Lessee that certain property described in Exhibit A attached
hereto and made a part of this lease agreement, located on Vaca Key,
Monroe County; Florida, subject to the following terms and condi-
tions which the parties hereto agree shall apply:
(1)
TERM. The term of this lease shall be seventy (70) years,
commencing September I, 1982 and terminating August 31, 2052, unless
terminated or extended pursuant to the terms of this lease.
(2)
RENTAL.
The Lessee agrees to pay to the Lessor, in advance,
as rent for said property during the term of this lease, the sum
of $1.00 per year, to be paid on or before the anniversary date of
each year of the term of this lease, or any extensions thereof.
(3)
PRIOR LEASE:
This lease is intended to replace that certain
lease heretofore entered into by and between the Marathon Chamber
of Commerce and the Marathon Yacht Club.
(4)
USE OF PREMISES.
The premises herein leased shall be used
as a yacht club for the Marathon area to be operated under its
charter and by-laws and for a non-profit purpose.
(5)
PAYMENT OF RENT. Ihe rent herein reserved shall be paid in
advance as herein specified, and in the event that any installment
EXHIBIT A
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of rent shall remain unpaid for a period of thirty days after the
same shall have become due and payable, the Lessor may, at its
option, consider the Lessee a tenant at sufferance, and may imme-
diately enter upon said premises and take possession thereof. In
suth event, or in the event of any other default by the Lessee
under the terms and conditions of this lease which shall continue
for a period of thirty days from the time of notice to the Les~ee
of such default, shall also entitle the Lessor to the same r~medy.
I".r-' (6)
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~~~.~.~ SUBLEASE OR ASSIGNMENT. The Lessee shall not sublet or
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y~-~ assign all or any portion of the premises herein leased without
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the prior._~i.tten consent of the Lessor.
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(7)
. IMPROVEMENTS.
The Lessee shall not construct or erect any
buildings, st!uctures or facilities, or additions thereto, nor
remove or.~~stroy any such buildings, structures or facilities
existing at the time of the execution of this lease, without the
prior written consent of the Lessor.
(8)
REGULATIONS.
The 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 will not permit the premises, or any part thereof, to be used
so as to constitute a nuisance, or for any illegal or immoral
purpose.
(9)
DAMAGES.
Lessee expressly 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 of
the Lessor herein.
(10)
I
RETURN OF PREMISES. . At the end of the term herein, or any
extensions thereof, the Lessee shall return the premises and any
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(3)
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improvements thereon, to the Lessor, in as good condition as when
leased, normal wear and tear excepted, and shall commit no waste
during the term of this lease.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals this
20th day of
September
, 1982.
(Seal)
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Attest:
8/~/~ c: ;:-i-
Secretary
MARATHON YACHT CLUB
By ;tflJ/I /'AJ
(Seal)
Attest, . 4
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EXHIBIT A
MARATHON CHAMBER OF COMMERCE LEASE AGREEMENT
(Legal Description)
A parcel of land being a portion of Government Lot I, Section 9,
Township 66 South, Range 32 East and a portion of Government Lot 3,
Section 10, Township 66 South, Range 32 East, Mara~hon, Monroe
County, Florida, being more particularly described as follows:
COMMENCE at the intersection of the East line of said Government
Lot 3 and the centerline of U. S. Highway No.1 (State Road No. 5)i
thence S 74 degrees 20 minutes W along said centerline of U. .S. High-
way No. 1 for 2642.55 feet; thence N 15 degrees 40 minutes W for
50.00 feet to an intersection with the Northerly right-of-way line
of said U. S. Highway No. I, said intersection being the Point of
Beginning of the hereinafter described parcel of land; thence S
74 degrees 20 minutes W along said Northerly right-of-waYline'for
200.00 feet; thence N 15 degrees 40 minutes W fO~eet to
a point; thence continue N 15 degrees 40 minutes ~feet more
or less to the mean high water line along the Northeasterly shore
of the existing yacht basin. lying adjacent to Florida Bay; thence
meander northwesterly, northeasterly and southeasterly along said
mean high water line along said Northeasterly shore of said yacht
basin and the Southerly shore of Florida Bay for 800 feet more or
less to an intersection with a line bearing N 15 degrees 40 minutes
W from the Point of Beginning; thence S 15 degrees 40 minutes E
'along said line for 40 feet more or less to a point; thence con-
tinue S 15 degtees 40 minutes E along said line for 777.32 feet to
an intersection with a line 110.00 feet northerly of as measured
at right angles and parallel to said Northerly right-of-way line
of U. s. Highway No.1; thence N 74 degrees 20 minutes E along said
parallel line for 10.00 feet; thence S 15 degrees 40 minutes E for
110.00 feet to an intersection with said Northerly right-of-way
line of U. S. Highway No.1; thence S 74,degrees 20 minutes Walong
said Northerly right-of-way line for 10.00 feet to the Point of
Beginning.
LESS THEREFROM:
PARCEL "A" (FIRE STATION SITE)
CO~1ENCE at the intersection of the East line of said
Government Lot 3 and the centerline of said U. S. Highway
No. 1 (State' Road No.5) thence S 74 degrees 20 minutes
W along said centerline of U. S. Highway No. 1 for
2642.55 feet; thence N 15 degrees 40 minutes W for 50.00
feet to an' intersection with the Northerly right-of-way
line of said U. S. Highway No. Ii thence S 74 degrees
20 minutes W along said Northerly right-of-way line for
116.00 feet to the Point of Beginning of the hereinafter
described Parcel "A"; thence continue S 74 degrees 20
minutes W along said Northerly right-of-way line for
84.00 feet; thence N 15 degrees 40 minutes W for 90 feet
more or less to an intersection with a line that is paral-
lel to said Northerly right-of-way line of U. S. Highway
No. I, said parallel line being 7.00 feet northerly of the
Northeasterly corner of the existing "Fire Station Build-
ing" as measured at right angles from said parallel line;
thence N 74 degrees 20 minutes E along said parallel line
for 84.00 feet; thence S 15 degrees 40 minutes E for 90
feet more or less to the Point of Beginning.
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~
. EXHIBIT ^
;/ .. XAr.:ATHoN CHAMBER OF CO:1MERCE LEASE AGREEMENT
/ . (Legal Description)
Page 2
"
PARCEL "B" (A. A. R. P. SITE)
COMMENCE at the'intersection of the East line of said Govern-
ment Lot 3 and the centerline of U. S. Highway No. 1 (State
Road No.5); thence S 74 degrees 20 minutes W along the said
centerline of U. S. Highway No. 1 for 2642.55 feet; thence
N 15 degrees 40 minutes W for 50.00 feet to an intersection
with the Northerly right-of-way line of said U. S. Highway
No.1; thence S 74 degrees 20 minutes W along said Northerly
right-of-way line for 200.00 feet; thence N 15 degrees 40'
minutes W for 90 feet more or less to an intersection with
a.~ine that is parallel to said N6rtherly right-of-way line
of U. S. Highway No. I, said parallel line being 7.00 feet
northerly of the Northeasterly corner of the exiilting "Fire
Station Building" as measured at right angles from said
parallel line; said intersection being the Point of Begin-
ning of the hereinafter described Parcel "B"; thence N 74
degrees 20 minutes E along said parallel line for 84.00 feet;
thence N 15 degrees 40 minutes W for 135 feet more or less
to an intersection with a line that is parallel to said
Northerly right-of-way line of U. S. Highway No. I, said
parallel line being 15.00 feet southerly of the Southeasterly
corner of the existing "Marathon Jaycee Building" as measured
at right angles from said parallel line; thence S 74 degrees
20 minutes W along said parallel line for 84.00 feet; thence
S 15 degrees 40 minutes.E for 135 feet more or less to the
Point of Beginning.
PARCEL "c" (PUBLIC PARK SITE)
COMMENCE at the intersection of the East line of said Govern-
ment Lot 3 and the centerline of said U. S. Highway No. I
(State Road No.5); thence S 74 degrees 20 minutes W along said
centerline of U. S. Highway No.1 for 2642.55 feet; thence
N 15 degrees 40 minutes W for 50.00 feet to an intersection
with the Northerly right-of-way line of said U. S. Highway
No.1; .thence N 74 degrees 20 minutes E along said Northerly
right-of-way line for .10.00 feet; thence N 15 degrees 40
minutes W for 110.00 feet; thence S 74 degrees 20 minutes W
for 10.00 feet; thence N 15 degrees 40 minutes W for 625
feet more or less to an intersection with a line that is
parallel to said Northerly right-of-way line of U. S. Highway
No. I, said parallel line being 10.00 feet northerly of the
Northwester1y corner of the existing "Old Chamber of. Commerce
Building" as measured at right angles from said parallel line,
said intersection being the Point of Beginning of the herein-
after described Parcel "C"; thence S 74 degrees 20 minutes
1~ along said parallel line for 116.00 feet; thence N 15 de-
grees 40 minutes Y for 117 feet more or less to an inter-
section with a line bearing N 74 degrees 20~inutes E from
the Northerly terminus of an existing concrete dock lying
adjacent to the Northeasterly shore of the existing yacht
basin; thence S 74 degrees 20 minutes W alons said line for
84 feet more or less to the Northwesterly corner of said
concrete dock; thence meander northwesterly, northeasterly
and southeasterly along the mean high water line along the
Northeasterly shore of said yacht basin and the Southerly
shore of Florida Bay for 500 feet more or less to an inter-
section with a line bearing N 15 degrees 40 minutes W from the
Point of Beginning; thence South 15 degrees 40 minutes E
along said line for' 192 feet more or less to the Point of
Beginning.
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;;".'EXHIBIT A
. 'MARATHon CHAMBER OF COMMERCE LEASE AGREEMENT
(Legal Description)
Page 3
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EXISTING PAVED ROADS
The existing paved roads as shown on "Plat of Survey"
by C. G. Bailey, Florida Registered Land Surveyor,
Registration No. 620, dated January 17, 1982.