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09/20/2000 Agreement ,~ /u.1 n..-t 2./(, I () I llannp lL. ~o{bagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARAlHON, FLORIDA 33OSO TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF mE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD S1REET 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: September 25,2000 TO: James Hendrick County Attorney ATTN: J an Hotalen Pamela G. Hanc-~ Deputy Clerk U FROM: At the September 20,2000, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Interlocal Agreement between Monroe County and the City of Marathon which authorizes the Department of Revenue to distribute Marathon's share of the gas tax revenues directly to them. A fully executed duplicate original is attached for your handling. Agreement between Monroe County and the City of Marathon transferring County traffic signals and street lights located within the City to the City of Marathon. / Agreement between Monroe County and the City of Marathon assigning the County v6aybottom lease adjacent to the Marathon Yacht Club to the City. Enclosed are two fully executed duplicate originals executed on behalf of Monroe County. Please be sure that the fully executed "Clerk's Original" is returned to our office as soon as possible. Should you have any questions please do not hesitate to contact this office. cc: County Administrator wlo document Finance File .... ~'~nroe County Clerk's Original 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 March 15, 2000, the Lessor did lease unto the Lessee submerged land adjacent to Lessee's Marathon Yacht Club, which lease agreement is attached hereto and made a part hereof as Exhibit A; 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 March 5, 2000 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 June 29, 2009, 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. Ii' f JSE At) Attest: B~i~ ~ City Clerk Date _ 4J / r I o1tJo;1 . (SEAL) Attest: By ~l.d;~ Secretary Date ~,d;LtJ ;;Z tl 0 a- jdleaseassignmyc BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY I FLORIDA By cl'~".1I~~ Mayor/Chairman MARA THON YACHT CLUB OF MONROE COUNTY By 8~g.~ Commodott ~~' ;:0 -,.- o ("')-~ f'1 r-:J~ ;:0.::-. O. r. 0("') > c::- -,..;:0;;11; -. 0 -i("')r- :<:-j:J: .,,' )> r- C') )> /"'r'J :%a- X 9 w -.. c::::;o C;:::) "" <- c::: :z: I 0'\ " r- ", o " o :::0 :::0 ", n o :::0 o YACHT CLUB LEASE LEASE, made this 15~ . 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 JLif1e 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 I 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 :i: o t:::J Q conditions of this Lease, lessor may consider Lessee a tenant at suffer~~~~ lifr-::e :'b rr, C") ?" -< =tj c:J immediately enter upon the premises and take possession thereof. &'Q: ./:.1. -,., :e::o~ . C) -.,. 0 :bt ~ 4. SUBLEASE OR ASSIGNMENT: lessee shall not sublet or as~irt ~rtiQ9 r- C) ,,:::,:. C') .'.#0 ,." CiI1 C) of the premises without the prior written consent of Lessor. Q)' ~ '. . 5. REGULA TIONS: 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."d, day o/March. 2000. e.~.~~A..~~.~'~A~Y.LKOLHAG~ClERK · ,. ..- . ,/ -} ~~~""."':':~1.L_ a/ /J , ... ':, ,j.' ~':~ '.. ' . -~ .~:. ~eputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. flORIDA By cS'~-F~. Mayor/Chairman (SEAL) ATTEST: B~c6.ry ~1 -~ By jIconyachti MARATHON YACHT CLUB tJdL ~ 0~ - P..pc:irlel:lt C6,... I"O~ yo--<- 2 • • • s.MEp,.o9 � LE L'�DE : ?TI.OI • '• ,; :' (MARATHON YACI-EC -CLUB. S 1TE.) ••0. • A parcel of land being a portion of- ',the "Greater M•- Cormcrce Site" as described in the attached legaldescrintion, sa of parcel' of land being more. part`icufarty�-. described as follows ; said . ONCE at the Intersection of the East- line of Government Section 10 , Township 66 South, Range 32 East and the centerline 3 of Highway No. 1 (State Road No. 5) ; U.S. _ the�iice S74 °20 'W along said centerline of U.S. Highway No. 1 for 2642. 55 -feet; thence N15°40 'W for 50 IiighwaInty ersictionnon with the Northerlyright-of-way line ' 00-feet S74 20 W alongof said d G i for 200. 00 f�cct ; thence N15 °40 'W for said Northerly right-of-way -- 84.00 feet to the Point of Beginning of. - the hereInaf y line 00 - feet , thence N74 °20 'E for el of land; thence S74 °20 'W along the last described liner forsd thence N15 °40 'W for 111 feet more or less to the mean 84.00 feet ; along the Northeasterly shore of the existinghigh water line meander northwesterly along said mean high wterclineaand'alongce southwesterly face of the existing concrete dock for 300 feet g the or less to the Northerly terminus of said concrete dock; for 84 feet •more or less to an intersection with a line b more °4 from the Point of Beginning; thence SI5 °40 'E along thence N74 °20 'E —f-eet—more or less to the Point Qcaring N111 said line for 4II ing: .