09/19/2001 Agreement
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
October 11,2001
TO:
Reggie Paros, Director
Public Safety Division
ATTN:
Stacy Devane
Executive Assistant
Pamela G. Hanc~
Deputy Clerk 0
FROM:
At the September 19,2001, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Lease Agreement between Monroe County and Elsie S.
Marshall, Trustee, to house the Esatcom Satellite dish at a rate of $1 00.00 per month.
Enclosed is a duplicate original of the above mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
Cc: County Administrator wlo document
County Attorney
Pinance
Pile/
JUL-13-01 <)8,13 FRGt1d'lOI~ROE COUNTi' ATTY OFFICE 10,3052823518
PAGE
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l-EASE AGREEMENT
iJ
THIS CONTR.A.Ci OF LEASE is made and entered into CXl the /t! day of ,5~r
2001, by and betwun MONROE COUNTY, a political subdivision of the 5tat~ of florida, whose address is
500 Whiteheod Strut, Key West. FL 33040, hereinafter referred to as "Le.ssu' or 'County" and ELSIE s.
MARSHALL. Trustee, whose address is 571 Croton Lone, Big Pine Key. FL 33043, hereinaf1~r referred to all
"Lessor. ·
Marshall Property
WHERE^5, Lessor owns real property occupied by a radio station, WWUS, at Mile Marker 30.3 Big
Pine Key. Monroe County, Florida, hereinafter referred to as "Marshall Property,' and
WHEREAS, Radio Station WWU:s was a vital source of comrnunicativn during and irntne.diately after
HUJ'ric;ane Georges: and
WHEREAS, the State. of Florida has Installi.d a satellite dish at R:ldio Statio" WWUS, Marshall
Property, to enable IN\NU5 to broadcast as part of the. Em~g~cy Ale.rt System; and
WHEREAS, the property ownel' allowed the Satellite dish to ~ installe.d with the e.xpe.ctatiOfl that Q
nominal sum of rent would be paid; and
WHEREAS, the State has communlcate.d that it cannot pay any rent fOr" this purpose; nnd
WHEREAS, the County Comti'J6t>1on deems the enhancement of communication to the public in
e.mtl'9U\CY coMitlons of para!i'OWit importance to the health, safety and welfare of its dtizens; now,
therefore,
IN CONSIDERA nON of the pretniseS and of the mutual COo/cr,:ll\ts and agrec.tneots herein
cohtai~, and othu valuable consider..tiotlS, Lessor does hereby grant and lease unto County cedain
pre.mlse.s as follows~
1. PREMISES Lessor dod hereby lease to County, the real prope.'ty covered by a COI1<;rete. pod
approximately 10' x 10' in size and Ofl~?iich is installed the. ESA TeOM Satellite diSh bdlind the Marshall
Building at MM 30.3, Big Pine Key, Monroe County, Florida.
2. USE OF SURROUNDn,.h PREMISES County and State. shall be entitled to USe. in cotntnon
with othe.rs alIfhOl"ized to do so, such access and JX1rking facilitiC-:$ which have been or may hereafter be
provided at or in connection with the Marshall Building for common ~e, in conducting any maintenance. and
re.pairs necessary to the ESA TCOM sa~'ellite dish and its mounting pole.
3. TERM The term of this lease shall be continuou.s lI1til termil Jted by either party. The term
shall commence October 1 ,2000 ai"ld may be terminated by either party upon thirty (30) days prior
written notiCe.
4. RENT^L5 AND FEES During the tum of thj~ lease. County shall pay to the Lessor. rent in
the atn<llTlt of $100.00 per month, payable. in arrears. Monroe County 1 s Performance and
Obligation to pay under this contract is contigent upon an
annual appro riation by the B.O.C.C..
~
,I
. 5. RIGHT OF INGRESS AND EGRESS County, its agents, employees, customers, suppliers, and
...Jtrons shall have the right of ingress and egress to and from the leased premises, which shall not be
unreasonably restricted by Lessor.
6. ASSIGNMENT The premises leased hereunder may not be sublet and this lease may not be
assigned without the written consent of the Lessor, not to be unreasonably withheld.
7. INDEMNIFICA nON/HOLD HARMLESS County agrees to indemnify and save Lessor harmless
from and against all claims and actions and expenses incidental thereto, arising out of damages or the cost of
defending claims for damages resulting from the negligence of County, its agents, or employees in the use or
occupancy of the leased premises, subject to the statutory limitations of FS 768.28.
8. VENUE for any litigation arising under this lease must be in a court of competent
jurisdiction in Monroe County, Florida.
9. FEDERAL AND STATE LAW The parties shall comply with any and all applicable federal and
state statutes.
,dTNESS WHEREOF, the parties have caused this lease to be executed the day and year first
L. KOLHAGE, CLERK
BOARD OF COUN1Y COMMISSIONERS
~E COUN1Y, FLORIDA
By 8'-.e ~~
Mayor/Choirman .
-
LESSOR
Witnesses
By~S~~~~
Elsie S. Marshall, Trustee
J dlecseMarshall
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