Item P06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
September 19, 2001
Division:
County Attorney
Bulk Item: Yes 0 No 0
AGENDA ITEM WORDING:
Approval of Lease Agreement with the City of Key West for additional parking space at the Key
West Animal Shelter.
ITEM BACKGROUND:
FKSPCA asked for additional area so parking along street could be moved and the area along
College Road fenced differently. City has agreed with proposed lease. Staff approved and has
recommended approval to City Commission at their 9/18/01 meeting.
PREVIOUS RELEVANT BOCC ACTION:
See above.
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes 0 No 0
APPROVED BY:
County Attorney. OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTORAPPROVAL:~ ~
] ES T. N R K
DOCUMENTATION:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
l-P~
LEASE
Key West Animal Shelter - Additional Parking Space
THIS LEASE AGREEMENT made and entered into this
day of
,2001,
between the City of Key West, Florida, (Lessor), a municipal corporation, and Monroe County (Lessee), a
political subdivision of the State of Florida.
WHEREAS, on December 20, 1985, Lessor and Lessee entered into a 99-year lease agreement for
a parcel of land to be utilized for animal control purposes; and
WHEREAS, the City owns the property to the west of the parcel subject to said lease; and
WHEREAS, a dirt road parallels the property line between the two parcels, but lies approximately
15.65 feet to 16.93 feet westerly of said property line; and
WHEREAS, the animal control facilities need to replace fencing; and
WHEREAS, increasing the area subject to the 99-year lease for animal control purposes would
enhance the animal control operations; and
WHEREAS, amending the existing lease requires voter referendum due to the extensive time
period of said lease, but a new lease for additional space for a term of ten years does not require a
referendum; and
WHEREAS, leasing an additional area between the existing leased parcel and the easterly line of
the dirt road would not impinge upon any uses by others and would allow the parking area adjacent to
College Road to be used for animal facilities; now, therefore,
IN CONSIDERA nON of the covenants and promises contained herein, the parties do agree as
follows:
1.
The Lessor hereby leases to Lessee the following described..parcel:
Parcel 2 of Exhibit A, attached hereto and incorporated by reference.
The term oMgl~e thall be for ten years, commencing on September 1, 2001, and
2.
terminating on August 31, 2011, unless terminated earlier under the provisions of this agreement. Lessee
may, no later than June 30,2011, seek a new lease for the same parcel of land, by giving notice in writing
to Lessor.
3. The consideration for this lease shall be the continuance of provision of animal control
services to the City of Key West at the increased levels demanded by population changes, including
assistance with the relocation of chickens from City streets to such locations as the City may from time
to time designate.
4. The City and County do hereby affirm and agree to continue the provisions of the Joint
Participation Agreement between them, entered into May 16, 1978, and the Lease entered into December
20, 1985, particularly including insurance for the parcel of land described in Paragraph 1, to the extent
that the provisions of this lease are not inconsistent with said documents.
5. It is further covenanted that there shall be no mechanics liens upon any improvements
which may be put upon or be upon the demised property; that in case of mechanics liens, Lessee shall pay
off same, and in the event that default on payment thereof should continue more than thirty days after
Lessee's receipt of written notice of mechanics lien, Lessor may pay off same and recover from Lessor
said amount and any related costs.
Lessee covenants to use said premises solely for the animal shelter parking and associated
6.
uses.
7.
lease.
8.
Lessee agrees to abide by all laws related to the use of the premises according to this
Lessee shall indemnify and hold Lessor harmless against any damages, charges, penalties,
and other costs arising out of Lessee's use of the premises, within the limitations of Section 768.28, Fla.
Stat.
9. It is expressly agreed that any improvements to the subject premises shall become the
property of Lessor upon the termination of this lease.
IN WITNESS WHEREOF, the Lessor has caused these presence to be executed in its
name by its mayor and the City Seal affixed and attested by the City Clerk, and the Lessee has caused
these presence to be executed in its name by its Chairman of the Board of County Commissioners and
the County Seal affixed and attested by the Clerk of the Circuit Court of Monroe County, ex officio Clerk
of the Board of County Commissioners, all as of the day and year first above written and executed in
duplicate.
(SEAL)
A TTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
(SEAL)
Attest: CITY CLERK
CITY OF KEY WEST, FLORIDA
By
By
Clerk
Mayor
JdleaseKWanimal
DATE
EXHIBIT A
PARCEL 1:
From the intersection of the centerline of the South lane of US Highway NO.1 and
the Easterly abutment of the Cow Key Channel Bridge go N 71019' E a distance of
300 feet to a pOint of intersection with the approximate centerline of Country
Club Road; thence along said approximate centerline N 19051' W a distance of
330 feet to Point #1; thence N 39018' W a distance of 300 feet to Point #2;
thence N 30029' W a distance of 265 feet to Point #3; thence N 03013' W a
distance of 152 feet to Point #4; thence N 20008' E a distance of 600 feet to
Point #5; thence S 69052' E, 28.8 feet to the Point of Beginning of the parcel of
land herein described; thence continue S 69052' E along a cyclone fence, 145.7
feet to a point; thence S 30008' W, along a cyclone fence 19.1 feet to a point;
thence N 83008' W along a cyclone fence 36.7 feet to a point; thence S 20008' W
along a cyclone fence, 120.1 feet to a point; thence N 69052' W along a cyclone
fence, 1194. feet back to the Point of Beginning, but excepting from any land
described herein the building or trailer currently occupied by Billie Cheek, which
property shall not be included in this lease agreement.
AND
PARCEL 2:
A portion of land adjacent to the above legal description:
Commence at the Point of Beginning to the above legal description; thence S
24043'31" W for 147.88 feet (149.2 feet, original legal description) to the Point of
Beginning of an additional lease area to the Humane Society; thence continue S
24043'31" W for 15.65 feet; thence S 69034'52" E for 120.76 feet; thence N
19047'03" E for 16.93 feet; thence N 70012'57" W (N 69052' W, original deed)
for 119.40 feet to the Point of Beginning;
Containing 1953.53 Square Feet, more or less.
Page One of Two
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EXHIBIT A
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