Loading...
Item S07 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 20, 2000 Division: County Attorney AGENDA ITEM WORDING: Approval of an agreement with the City of Marathon assigning the County baybottom lease adjacent to the Marathon Yacht Club to the City. ITEM BACKGROUND: As directed by the BOCC, the County and City staff have negotiated for the transfer of the above properties. PREVIOUS RELEVANT BOCC ACTION: STAFF RECOMMENDATION: Approval TOTAL COST: BUDGETED: Yes No Cost to County: APPROVED BY: County Attorney x OMB/Purchasing Risk Management DIVISION DIRECTOR APPROVA~ DOCUMENTATION: Included -X- To Follow _ Not required AGENDA ITEM # 1- 51 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. IN WITNESS WHEREOF, the parties hereto have Set their hands and seals on the dates written below. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNlY COMMISSIONERS OF MONROE COUNlY I FLORIDA By By Deputy Clerk Mayor/Chairman Date (SEAL) Attest: MARA THON CIlY COUNCIL By By City Clerk Mayor Date (SEAL) Attest: MARA THON YACHT CLUB OF MONROE COUNlY By By Secretary Commodore Date jdleaseassignmyc , , YACHT CLUB LEASE LEASE, made this IS-~ 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 June 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 . 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 ~ o t:;) c::> conditions of this Lease, Lessor may consider Lessee a tenant at suffer~~n~~ fi:r-~ ~ rr, . . . . C")?"-< =tJ (::) Immediately enter upon the premises and take possession thereof. g!:?:- ./:..; -,., =c::o:::r.:- . <::> -., . C :bo .:::0 4. SUBLEASE OR ASSIGNMENT: Lessee shall not sublet or as~irt ~rtii19 r- C".:! -:::. C") .r,. nj CJ1, <::> of the premises without the prior written consent of Lessor. Q) gg '. 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 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 IS d, day of March, 2000. C> .,-' '".:....,"- '. .( ~EAL).J ..~. .' .... '\ . A' ilt5T:...DA~... Y L. KOLHAGE, CLERK . ,.. ., ~) ... . . . <'.; ..,~ ~.".:........../~. /~ ",...... _"; . ._~ _ t.,,&.. ...... - ...>>..:.-. . , Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By cS~-:F~ Mayor/Chairman (SEAL) ATTEST: B/J4- l. ~.J= By r /~cretary ______ jlconyachti MARATHON YACHT CLUB tJ~ €. 0~ P"pC:irleJ:Lt Cc,.. fM..(?~ ".--<-. 2 APPROVED AS TO FORM AND lEGAL SU~ B~ OBERT ~. We ~ DAJ.~"D- 6 ~. ~,.~4 .:~:~g~'_.:-;- - . .~r.-' ~'-f I .' ':;';orCCI at land being 0 partial) ot'.:.t;!!~ "Greotcr Morothol) Chamber of .' Cortmcrcc Sf ten as described II! tJ1e,.a~t:~~hed legal description, said parcef of land being more. par.t:~~farl'Y-'d~~cl""fbed as follows;; . , . ~ci at the Intersection oC t.h'e East.. IIna oC 'Government Lot 3 oC liec.tlon' 10, Township 66 South, Range '32 East and the centerline oC U.S. IIlghway No. I (Statc Road No.5); thc/fce 874"20'" ~long said centerIlne .'1Lu..l!., Highway No. I Cor 2642.55 ~ee.9- thence NIS 40'1'1 Cor SO.OO~Ceet to' an Intersection with the Northerl~: right-of-way line of said ~S. IIlghway No. I; thence S74"20'W along aald Northerly rlght-oC-way line" Cor 200.00 teet; th~nce NIS"40'" tor 440.00 teet; thence N74"20'E tor 84.00 teet to the Point ot Beginning of. the herelnatter described parc~ oC land; \hence S74"20'W along the last described line tor 84.00 teet; thence NIS "40 '1'1 tor III teet more or less to the mean high water line alorig the Northeasterly shore or the existing yacht basf~i thence meander northwesterly along said mean high water line and along the southwesterly Cace ot the eXisting concrete dOck tor 300 teet more or less to the Northerly terminus ot sold concrete dock; thence N74"20'E Cor 84 Ceet 'more or less to an In tersec.t Ion with a line bear Ing N15 "40" (rom the Point oC Beginning; thence SIS"40'E along sold line Cor 411 -t-eei-mor-e or less to the Point -af BegJnning~ _'._ _. _____ . ____._.___ . ....-. -. ~~~".- .LEaAL".:::~~:wrl?'PI~ON (MAMTHON. X^O..c .CLUB. SITE.) . ,. .. ..