07/08/1969 Agreement r
-s I
r I En eft
THE CITY OF KEY WEST
KEY wnt, PIOWDA
June 16, 1969
Mr. Earl R. Adams, Clerk
Monroe County Commission
Monroe County Court House
Key West, Florida 33040
Dear Mr. Adams:
We are enclosing a lease executed by proper officials of the City of Key
West covering certain city property located on Stock Island as set forth
therein. Also enclosed is a certified copy of Resolution No. 69-32
authorizing the execution of this lease. Please have this lease executed
by the proper officials in the county and return the original to this office
after having made as many counterparts as may be required.
Sincerely yours,
ack . the s
City Clerk
JFM/Jw
enclosures
THI
S INDENTURE, Made and entered into as of the ___
Wi-
nday of , A. D. 1969, between THE CITY OF KEY WEST,
FLORIDA, a municipal corporation organized and existing under the
laws of the State of Florida, party of the first part, hereinafter
designated as the Lessor, and COUNTY OF MONROE, a political sub-
division of the State of Florida, party of the second part, herein-
after designated as the Lessee,
WITNESSETII
FIRST: The first party hereto, the Lessor, in consider-
ation of the rents hereinafter reserved and of the covenants and
agreements herein expressed on the part of the second party, the
Lessee, to be kept, performed and fulfilled, has demised and leased,
and by these presents does demise and lease unto the Lessee all the
following described property, situate, lying and being in Monroe
County, State of Florida, to wit:
A tract of land in Section 27, Township 67 South,
Range 25 East, Monroe County, Florida, being more
particularly described as follows:
Commence at a point on the centerline of the East
bound lane of Florida State Road No. 5 (U.S. No. 1)
which lies 330.39 feet N71°18 '42"E of the Easterly
end of the Southerly Cow Key Channel Viaduct Bridge;
thence proceed N18°41 '18"W, 211 .36 feet along the
centerline of Junior College Road (State Job No.
90550-2612 all bearings stated herein refer to State
Road Department right-of-way map dated 10-9-67 for
said job number) to the point of curvature of a
circular curve concave to the Southwest; thence pro-
ceed along the arc of said curve, having for its elements
a radius of 225.00 feet and a central angle of 35°06 '00",
137.84 feet to the point of tangency; thence proceed
N53°47 '18"W, 272.56 feet to the point of curvature of a
circular curve concave to the Northeast; thence proceed
along the arc of said curve, having for its elements a
radius of 401.02 feet and a central angle of 14°25 '40",
100. 98 feet to the point of tangency; thence proceed
N39°21 '38"W, 163.60 feet; thence proceed 550°38'22"W,
40.00 feet to a point on the Southwesterly right-of-way
line of said Junior College Road, said point being the
Point of Beginning of the parcel of land hereinafter
described: Thence proceed N39°21138"W, 109.91 feet along
said Southwesterly right-of-way line to the point of
curvature of a circular curve, concave to the Northeast;
thence proceed along the arc of said curve, having for
its elements a radius of 526.85 feet and a central angle
of 4°21133", 40.08 feet to a point on said curve, said
point bearing 554°59'55"W from the center of said curve;
thence proceed 550°38'22"W, 80 feet, more or less, to the
Mean High Tide Line of Cow Key Channel; thence meander
Southeasterly along said Mean High Tide Line
173 feet, more or less, to a point, said point
bearing S60°19 '49"E, 160.59 feet from the last
described point; thence proceed N50°38 '22"E,
21 feet, more or less, to the Point of Beginning.
Said parcel containing 0.2 acres, more or less.
TO HAVE AND TO HOLD the above described property unto
the Lessee for and during the term of 5 years, commencing on
June 15, 1969, and ending on June 15, 1974.
SECOND: The Lessee, in consideration of the leasing of
the property aforesaid, does hereby covenant and agree to and with
the Lessor to pay rent as follows:
The Lessee covenants and agrees to pay the Lessor as
rent for said demised premises during the said demised term of 5
years, the yearly rental of $10.00, which rental shall be paid on
the 15th day of June of every year during said demised term.
THIRD: As a further consideration for the leasing and
demising aforesaid, the Lessee further covenants, promises and
agrees to fill and develop the premises as a site on which to con-
struct and install a sewage treatment plant for Monroe General
Hospital and the Monroe County Home, and use the said premises only
for a site for said sewage treatment plant.
FOURTH: It is hereby covenanted, stipulated and agreed
by and between the parties hereto, that there shall, during the
said demised term, be no mechanics ' liens upon any building or
improvements which may at any time be put upon or be upon the demised
property, and that in case of any mechanics ' liens the Lessee must
pay off same; and that if default in payment thereof shall continue
for 30 days after written notice, said Lessor shall have the right
and privilege, at its option, to pay off the same or any portion of
the same, and the amount so paid, including expenses, shall, at
the Lessor' s option, be so much additional rent due from the said
Lessee at the next rent due after such payment, with interest there-
on at the rate of 6% per annum.
FIFTH: The Lessee shall not have the right to sublet or
assign this lease without the written consent of the Lessor.
SIXTH: The Lessee shall secure at its own expense, from
an approved insurance company, and furnish to the Lessor evidence
of such insurance, the following described insurance coverage:
(a) Coverage which will protect the legal liability of
Lessor and Lessee to pay off claims for personal injury or death
resulting therefrom, on account of accidents to third parties or
the public, which might arise out of, or in connection with the
conduct of the Lessee's sewage treatment plant, or which might arise
out of, or in connection with any act or acts of Lessee 's agents,
invitees or employees. The minimum limits of such policy or policies
shall be $50,000.00 for any one person, or $100,000.00 for more than
one person, arising out of one accident, and property damage $5,000.00.
- ----- SEVENTH: And it is further covenanted and agreed by and
between the parties hereto, that in case, at any time, default shall
be made by the Lessee in the payment of any rent herein provided for
upon the day the same becomes due and payable, or in the failure to
perform any of the covenants of this lease, and such default of pay-
ment shall continue for 30 days after notice thereof is given in
writing by Lessor, or failure to correct any violation shall continue
for 10 days after notice thereof is given in writing by the Lessor,
or its agents or attorneys, to said Lessee, the Lessor may, at its
option, forthwith declare this lease forfeited and may immediately
re-enter and re-possess said leased property.
EIGHTH: It is further agreed that in no case shall the
Lessor herein be liable, under any express or implied covenants in
this lease, for any damages whatsoever to the Lessee beyond the rent
reserved by this lease, accruing, for the act, or breach of covenant,
for which damages may be sought to be recovered against said Lessor,
and that in the event that said Lessee shall be ousted from the
possession of said property by reason of any defect in the title
of said Lessor, or said Lessor' s authority to make this lease, said
Lessee shall not be required to pay any rent under this lease while
it is so deprived of the possession of said property, and that said
/
Lessor shall not incur any liability by such ouster beyond the
loss of rent while said Lessee is so deprived of the possession
of said property.
NINTH: It is further mutually covenanted and agreed
between the parties hereto that no waiver of a breach of any of
the covenants of this lease shall be construed to be a waiver of
any succeeding breach of the same covenant.
TENTH: It is fully understood and agreed by and between
the parties hereto, that it is a condition of this lease that any
structural improvements made upon the said premises may be removed
by the Lessee.
IN WITNESS WHEREOF, the Lessor has caused these presents
to be executed in its name by its Mayor and its common seal affixed,
attested by its City Clerk, and the Lessee has caused these presents
to be executed in its name by the Chairman of the Board of County
Commissioners, attested by the Clerk of the Circuit Court of Monroe
County and ex-officio Clerk of the Board of County Commissioners,
all as of the day and year first above written. Executed in duplicate.
Signed, Sealed and Delivered
in Our Presence: THE CI REY WE ,
By
iU y
Mayor l�-e g/ r Attest: _„ S
to the Lessor 6
City Clerk._
CoCOULT7 MONROE
// i l0
J G rald Saund rs, Chairman, Board
of County Commissioners
•. Attes ,
As to the Lessee a-
Earl R. Adams, Clerk of the Circuit
Court of Monroe County and ex-officio
'`,4 Clerk of the Board of County
Commissioners
RESOLUTION NO.
A RESOLUTION AUTHORIZING LEASE LETWEEN THE CITY
OF KEY WEST, FLORIDA, AND THE COUNTY OF MONROE.
BE IT RESOLVED by the City Commission of The City of Key
West, Florida, as follows:
That the lease between The City of Key West, Florida,
and the County of Monroe, a copy of which is attached hereto and
made a part of this Resolution, be and the same is hereby approved,
and the Mayor of The City of Key West, Florida, be and he is hereby
authorized, empowered and directed to execute said Lease for and •
on behalf of The City of Key West, Florida, and the City Clerk of
said City be, and he is hereby authorized, empowered and directed
to attest the signature of the said Mayor on the said Lease, and
affix the seal of the said City thereto . The execution of said
Lease as aforesaid is hereby authorized to be made in as many counter-
parts as may be desired or required.
Passed and adopted by the City Commission at a meeting
held this __'.z:h day of F-...,. , A. D. 1969.
•
• Mayor
Attest:
�f--fl! :r L / llf
City Clerk
U
STATE OF FLORIDA)
COUNTY OF MONROE) ss .
CITY OF KEY WEST)
I, Jack F. Mathews , Clerk of the City
of Key West, Florida, do hereby certify that the
foregoing and attached is a true and correct copy
of a Resolution passed and adopted by the Commis-
sion of said City at a meeting held on the 11th day
of June, 1969, designated Resolution No. 69-32 .
WITNESS my hand and the official Seal
of the City of Key West , Florida, this 13th day of
June, 1969 .
Jack F. Mathews ' T
City Clerk