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05/24/1977 Agreement ~a:lph ~. ~hit~ CLERK OF THE CIRCUIT COURT MONROE COUNlY, FWRIDA KEY WEST, FLORIDA RECORDER COLLECTOR OF DELINQUENT TAXES COUNTY CLERK COUNTY A UmTOR June 1, 1977 Florida Internal Improvement Board 200 Southeast 6th Street Ft. Lauderdale, Florida r) " J l, f 0- l;: /) /1 l/yAJ -. ~til;-,,)j vl . # ," \0' f ".../...- '{,l; v "i'\,v ,~ Dear Sir: Enclosed please find a Lease Agreement between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and Monroe County, that was approved and executed by the Board of County Commissioners at a regular meeting of the Board on May 24, 1977. Please have Lease Agreement executed and return two copies to the undersigned. Thank you. Very truly yours, Ralph W. White Clerk of Circuit Court and ex officio Clerk Board of County Commissioners by Deputy Clerk vp cc: file Enclosures --' ~alp h 1M. 1Mhit,e CLERK OF THE CIRCUIT COURT MONROE COUNTY, FWRIDA KEY WEST, FLORIDA RECORDER COLLECTOR OF DELINQUENT TAXES COUNTY CLERK COUNTY AUDITOR June 13, 1977 Florida Internal Improvement Board Department of Natural Resources Crown Building 202 Blount Street Tallahassee, Florida 32304 Attention: Mr. Cederholm, Administrator Dear Sir: Earlier today I sent you a letter with a Lease Agreement for execution that the Board of County Commissioners executed on May 24, 1977. Enclosed are 2 copies of the Lease that were inadvertently left out of the letter. Thank you. Very truly yours, Ralph W. l\1hi te Clerk of Circuit Court and ex officio Clerk Board of County Commissioners vp cc: file Enclosure !.U'.'(L,\ '..... r....v,:),. rJ~' ... /j I . 'I, ' ....;) \ i':' . \' " . .' '--"" j '. ;,' J State of Florida REUBIN O'D. ASKEW Governor BRUCE A. SMATHERS Secretary of State ROBERT L. SHEVIN Attorney General GERALD A. LEWIS Comptroller BILL GUNTER DEFARTJV\ENT OF NATURAL RESOURCES Treasurer DOYLE CONNER HARMON W. SHIELDS Executive Director CROWN BUILDING (202 BLOUNT STREET (TALLAHASSEE 32304 Commissioner of Agriculture RALPH D.TURLINGTON Commissioner of Education June 22, 1977 Mr. Ralph W. White Clerk of the Circuit Court Monroe County Key West, Florida 33040 Dear Mr. White: Lease No. 2932, Monroe County, Florida We are enclosing two copies of this lease issued by the Board of Trustees. ~. Edward H. Cederholm Administrator Land Management section Bureau of State Lands EHC/ms Enclosures \ / ~6 ~,. ,Q,.)~,jtc~ C(x:t,")..,cJ\.~\<<. lei(..a +- Cj Y A DIVISIONS I ADMINISTRATIVE SERVICES. LAW ENFORCEMENT. MARINE RESOURCES RECREATION AND PARKS. RESOURCE MANAGEMENT BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND LEASE AGREEMENT NO. 2932 WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida by virtue of Section 253.03, Florida Statutes, holds title to certain lands and property for the use and benefit of the State of Florida; and WHEREAS, the said Trustees by formal action on March I, 1977, authorized and approved an agreement with Monroe County, Florida, to permit certain uses of and activities on the lands and properties hereinafter described for the purpose of preserving, developing, operating and maintaining said lands and property for outdoor recreational, park, conservation and related purposes. NOW, THEREFORE, this agreement made between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida as LESSOR, and Monroe County, Florida as LESSEE, WITNESSETH: That the parties hereto, for and in consid- eration of the mutual covenants and agreements hereinafter contained, do hereby covenant and agree as follows: I. The lessor does hereby lease to the lessee the fol- lowing described parcels of land, situate in Monroe County, Florida, viz: (See Exhibit A - Attached) TO HAVE AND TO HOLD the above described land for a period of twenty-five (25) years from the date hereof, for the purpose of preserving, developing, improving, operating, maintaining, pro- tecting and otherwise managing said land for public outdoor recrea- tional, park, conservation and related purposes. 2. The lessee shall have the right to enter upon said land for all purposes necessary to the full enjoyment by said lessee of the rights herein conveyed to it. 3. The lessee shall through its agents and employees cooperate to prevent the unauthorized use of said land or any use thereof not in conformity with this lease. 4. The lessor or its duly authorized agent shall have the right at any time to inspect the said land and the works and opera- tions thereon of the lessee in any matter pertaining to this agree- ment. 5. The lessee agrees to obtain full approval from the State of Florida Department of Natural Resources, Division of Resource Management, for any and all facility construction on said land and to maintain the approved facilities for the beneficial use of the public. The lessor agrees to submit a comprehensive devel- opment and management plan within one (I) year from date lease was approved and complete all construction within two (2) years there- after. 6. The lessee hereby covenants and agrees to investigate all claims of every nature at its own expense, and to indemnify, protect, defend, hold and save harmless the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and/or the State of Florida from any and all claims, actions, lawsuits and demands of any kind or nature arising out of this agreement. 7. When, in the opinion of the Board of Trustees of the Internal Improvement Trust Fund, said lands are not utilized for the purpose outlined in this lease, this agreement shall terminate and the lands impressed with such agreement shall revert to the said Trustees. Any costs or expenses arising out of the implemen- tation of this clause shall be borne completely, wholly and entirely by the lessee. 8. Any inequities that may subsequently appear in this lease shall be subject to negotiation upon written request of either party, and the parties agree to negotiate in good faith as to any such inequities. 9. This agreement is executed in duplicate, each copy of which shall for all purposes be considered an original. IN TESTIMONY WHEREOF, by authority granted February 15, 1977, the legally designated agent of the Board of Trustees of the Internal Improvement Trust Fund has hereunto subscribed his name and has caused the official seal of the Board of Trustees of Page 2 of Lease Agreement No. 2932 the Internal Improvement Trust Fund to be hereunto affixed, in the City of Tallahassee, Florida, on this ;)../~ day of ~ A. D. 19:rL. (SEAL) Board of Trustees of the Internal Improvement Trust Fund BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND By W EXECUTIVE DIRECTOR EPARTMENT OF NATURAL RESOURCES Accepted this 24th day of ATT~'r: / W. White to the Board Page 3 of Lease Agreement No. 2932 May , 1922- k.a-e~ Don Schloesser Chairman - Monroe County Board of By County Commissioners Name and Title - EY~~EIT A - Lease No. 2932 L~G.:,~ D~SC21?TJO:i C.,<:::i~; ~i:r!ds orl ~,~;cnis:-i H::rb:;:- r:~'y, :':'-.!:lrCie [Ol,;ilty, le92:11y ce~cri~)ec c ~ ~ (, 11 L' \':5 : ThE: ~u::~~r9:?c liHl:S, send bars, i:.lcr.::!s cnd r:ther li::rics in Fl u ri sc t.,~.Y 1 Y i r; ;;CJr thel-ly of Span ish Ha rhor- r:ey in. Secticns 32 2n~ 3~, 1ow~ship 66 S2uth, ~ange 3(1 Eas~, r'~J~rce C~' r"'\' F'IO"l"'" s,,'d r.........c ~.re p"r"'l'r"l-rl)' . l._j,~:"'J' I ..j....., _C ....,...... L... j"\,,} , ..... L \-v a ~~s:rib?c 25 fo11Dws: U.) Dreds~!;g .::'X2c - Left S~G~iO;i 70 + OeLOe) r' il I! d 1'7 )' .. )-= . ~-! L4 Lj I f ;::;. C0~~~Encing at the point of i~ter-s~~tiun of the Easterly end of Ule 6ig Pine rey - Srcnish ~:cl-~or I:ey Bridge i.:ith the Eese Lir.? of Survey o~ Stete F:('ed r~o. 5, run r;orth 84"'39' Ecst 2. dis~2.nce of 3231.85 feet, thence r~orth 61c'S2'40" East a dist2nce of 2723.33 feet to 8ase Line Station 70 + 00.00, th~nce ~;orth 28"07' 20" :;e5t a di stdnce of 550 feet to the F (; i r; t 0 f S e 9 ~ n n i n g) ~ hen c e con tin ~ e : ; 0 r t h 23" 0 7 ' 2 0 " \~ 2 S t a ci~tcnce of 600 feet, thence r~orth 61052'40" Ecst a distance of 6:J0 feet, thence South 28(;07'20" Eest a distance of 600 . fee-t, t~..ence South 61"'S2'~O" h'est a distance of 600 feet to the ?oint of E~ginnins of Dredgin~ ~rea; AND (6) Storege Area - Left Station 70 + 00.00 CG~i::encing 2.t the above r:-:entioned Base Lin-e Stetion 7 0 + 00 . 00 run j; 0 r t h 23 (; 0 7 ' 20" l.i est a d i s tan ceo f 5 SO fee t to the Point of Eeginning, thence riorth 61L'52'40" East a di:;tance of 600 feet, U:ence South 22"07'20" East a distance of 250 feet) thence South 61052'40" \"'2st a distance of 600 fee t, t h '2 n c e t ~ 0 ~- t h 28 " 07 ' 2 0 " ;.,' est e d i s tan ceo f 2 5 0 fee t to th'2 r~int of Beginning of StoraG~ ~~Ea; AND (C) H~u1 Route - Left Station 75 + 85.33 -' (o:,::~encing at the e:TO,f:'i.entioned Sese Line Station 70 + 00.00 run ;;or-:h 61L52'[;0" tast a cistance of ::85.33 ff:'et, thence !~urth 2Ec07'20" :,:~st c. cisLCnce of 170 feet to the :-::cst ;~orL~h.~sterl}' ri9ht of h'ay 1 ine of Stcte ROdG j~o. 5 as shown on the right of way map of Section 90030-2510, Stete Road No.5 and the Point of Beginning) thence continue liorth 23(,07'20" ~'est a distance of 130 f.eet to the South- easterly line of the aforecentioiled Storage hrea) thence SDuth [,1('52'40" \';est G distance of 50 feet) thence South ?E:007'20'' East c distance of 130 feet to the 2.foresaid most :;Jdh.,..2sterly right of y.;ay line of said State F..ocd No.5, thf::r,ce ;-;orth 61c52'40" Ecst along said r~ortherly right of y.;ay line a distance of 50 feet to the Foint of Seginning of ~eul Route. ;:...~ r ~'_. . 1_:, - ~ ~- . l;"" : t;:.~ - h,'i . ... i"'-~-' . ~~r~' :;~. k; t,:,: ;',':;c \'2 ce 3cd pt i on b~ sed on ? ropos ed Dr~.jg i n9 and Fi 11 Sto ra ge hre~ cpplic2tion preperes by Florida Depart~ent of Transportation dat:.-d r:Jve:r.ber. 1969) job 90030-2510; and the aporoval by the r1o~i~a C2binet, in their capacity as the Board of Trustees of the Internal I~provem~nt Trust Fund, of that certain twenty-five }'[-.:ll- lease n:q;,;est,:,d by j'~onroe County, Flol'ida, at the T.l.l.LF. r.:ceting of j.:arch 1. 1977.