10/18/1995 Sublease \rl► i
.'�couwtr'qq.
f 1j
C ...o' v'}f
OUN.
;Danny L. ItotIjage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVFRSEAS HIGHWAY MONROE COUNTY B8820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 500 WHI EHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)2139-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146
FAX(305)295-3660
MEMORANDUM
TO: Commissioner Keith L.Douglass
FROM: Ruth Ann Jantzen, Deputy Clerk „ea,.
DATE: October 30, 1995
At the October 18, 1995 County Commission Meeting, the Board granted
approval and authorized execution of a Sublease between Monroe County and the
isiamorada Chamber of Commerce for a parcel of land situated on Upper Matecumbe
Key.
Enclosed please find a fully executed duplicate original for return to the
Islamorada Chamber of Commerce.
If you have any questions regarding the above, please do not hesitate to contact
this office.
cc: County Attorney
Finance
County Administrator, w/o document
File
SUBLEASE - CHAMB~R OF COMMERCE
This Agreement is made and entered into. by MONROE COUNTY, a pelitical
subdivisien ef the State ef Florida, whese address is 5100 Cellege Read, Steck Island,
Key West. Flerida 33040, (Ceunty). and Islamerada Chamber ef Cemmerce, a nen-
prefit corperatien incorperated in the State ef Fleridq. whese address is P.O. Bex 915,
Islamerada, FL 33036 (the Chamber).
The Ceunty has a leaseheld interest in a parcel ef land situated en Upper
Matecumbe Key and mere particularly described in Exhibit "A." The State
::?: ...,.,
Department ef Transpertatien ewns said preperty, and, threugh a lea~ ~~~cut~ en ~
... ',~.:r ~ 0
the ~ day ef Mati , 1995. retains the right ef appreval ef~ny sublease. ~
J v.Y '-J
-.... ....;0
1. PROPERTY. The County subleases exclusively to. the.~:thamb9!; the ~
.'. <5 G
land shewn en Exhibit A, hereafter the premises. Exhibit A is attached and m~e a~
part ef this Agreement.
2. TERM. The term ef this Agreement is twenty-nine and ene-half (2911z)
years running frem July 1, 1995 threugh December 3T, 2024.
3.
USE AND CONDITIONS.
The premises shall be used selely fer the
purpeses ef a histerical museum, rest statien and parkina facilities. No. sians ef anv
kind will be permitted en the leased riaht ef way area. If the premises are used fer
any ether purpese, the Ceunty shall have the eptien ef immediately terminating this
Agreement. Chamber shall net permit any use ef the premises in any manner that
weuld ebstruct er interfere with any transpertatien facilities.
The Chamber will further use and eccupy said premises in a careful and
preper manner, and net cemmit any waste thereen. Chamber will net cause, er
allow to be caused, any nuisance or objectionable activity of any nature on the
premises. Any activities in any way involving hazardous materials or substances of
any kind whatsoever, either as those terms may be defined under any state or federal
laws or regulations or as those terms are understood in common usage, are
specifically prohibited. The Chamber will not use or occupy said premises for any
unlawful purpose and will, at Chamber's sole cost and expense, conform to and
obey any present or future ordinance and/or rules, regulations, requirements and
orders of governmental authorities or agencies respecting the use and occupation of
said premises. Chamber is subject to all conditions of the Lease between the State
and the County for the Premises.
4. RENT. For the use of the premises, the Chamber must pay the County
the sum of $1.00 per year for each full or partial year of the term, due on the first of
July of each year and payable in advance. Additionally, the Chamber shall
reimburse the County for any increases in rent which the State requires of the County
and any administrative fees assessed to the County by the State for the premises or
leasing thereof, in accordance with statutory and regulatory provisions of the State of
Florida.
5. TAXES. The Chamber must pay all taxes and assessments, including
any sales or use tax, levied by any government agency with respect to the
Chamber's operations on the premises.
6.
INSURANCE.
Chamber shall, throughout the term of this lease,
maintain insurance in a minimum amount of one million dollars ($1,000,000.00) for
bodily injury or death to anyone person or number of persons in anyone occurrence
2
and not less than one million dollars ($1,000,000.00) for property damage unless
waived or modified by County Risk Management per Administrative Instruction 4709
and by the State of Florida Department of Transportation. The insurance policy (or
policies) shall name Monroe County and the State of Florida Department of
Transportation as additional insureds.
The Chamber must keep in full force and effect the required insurance during
the term of this Agreement. If the insurance policies originally purchased which meet
the requirements of this sublease are canceled, terminated or reduced in coverage,
then the Chamber must immediately substitute complying policies so that no gap in
coverage occurs. Copies of current policy certificates shall be filed with the County
whenever acquired or amended.
7.
CONDITION OF PREMISES.
The Chamber must keep the premises in
good order and condition. The Chamber must promptly repair damage to the
premises. At the end of the term of this Agreement. the Chamber must surrender the
premises to the County in the same good order and condition as the premises were
on the commencement of the term, normal wear and tear excepted. The Chamber
is solely responsible for any improvements to land and appurtenances placed on the
premises.
8. IMPROVEMENTS. No structure or improvements of any kind shall be
placed upon the land without prior approval in writing by the District Secretary for
District Six of the State of Florida Department of Transportation and a building permit
issued by County. Any such structure or improvements shall be constructed in a good
and workmanlike manner at Chamber's sole cost and expense. Subject to any
3
landlord's lien, any structures or improvements constructed by Chamber shall be
removed by the Chamber at Chamber's sole cost and expense, by midnight on the
day of termination of this Agreement or extension hereof, and the land restored as
nearly as practical to its condition at the time this agreement is executed unless the
State of Florida Department of Transportation or its successors and assigns accepts in
writing delivery of the premises together with any structures or improvements
constructed by Chamber. Portable or temporary advertising signs are prohibited.
Chamber shall perform, at the sole expense of Chamber, all work required in
the preparation of the property or premises hereby leased for occupancy by
Chamber, in the absence of any special provision herein contained to the contrary;
and Chamber does hereby accept the leased property or premises as now being in
fit and tenantable condition for all purposes of Chamber.
County and State reserve the right to inspect the leased area and to require
whatever adjustment to structures or improvements as County or State, each in its
sole discretion, deems necessary. Any adjustments shall be done at Chamber's sole
costs and expense.
No building permit fee shall be required by County for development for which
Chamber applies for a building permit prior to June 30, 1996, although a County
building permit shall be required for all development. Any building permits sought by
Chamber subsequent to June 30, 1996, shall be subject to permit fees.
9. HOLD HARMLESS. The Chamber is liable for and must fully defend,
release, discharge, indemnify and hold harmless the County, the members of the
County Commission, County officers and employees, and County agents and
4
contractors, and the State, its officers and employees, from and against any and all
claims, demands, causes of action, losses, costs and expenses of whatever type -
including investigation and witness costs and expenses and attorneys' fees and costs
- that arise out of or are attributable to the Chamber's operations on the premises
except for those claims, demands, damages, liabilities, actions, causes of action,
losses, costs and expenses that are the result of the sole negligence of the County.
The Chamber's purchase of the insurance required under this Agreement does not
release or vitiate its obligations under this paragraph.
10.
NON-DISCRIMINATION.
The Chamber for itself, its personal
representatives, successors in interest. and assigns, as a part of the consideration
hereof, does hereby covenant and agree that no person on the grounds of race,
color, or national origin shall be excluded from participation in, denied the benefits
of. or be otherwise subjected to discrimination in the use of premises or in the
contracting for improvements to the premises.
11.
TERMINATION.
The County may treat the Chamber in default and
terminate this Agreement immediately, without prior notice, upon failure of Chamber
to comply with any provision of this Agreement. This Agreement may be terminated
by County if and when, for any reason its controlling lease is terminated by the State,
upon provision of reasonable notice. Chamber may terminate this Agreement upon
giving thirty days prior written notice to County.
12. DEFAULT-WAIVER. The waiver by the Chamber or the County of an
act or omission that constitutes a default of an obligation under this Agreement does
not waive another default of that or any other obligation.
5
13. ASSIGNMENT. The Chamber may not assign this Agreement or assign
or subcontract any of its obligations under this Agreement without the approval of
the County's Board of County Commissioners. All the obligations of this Agreement
will extend to and bind the legal representatives, successors and assigns of the
Chamber and the County.
14. SUBORDINATION. This Agreement is subordinate to the laws and
regulations of the United States, the State of Florida, and the County, whether in
effect on July 1. 1995, or adopted after that date.
This Agreement is also subordinate to the provisions of any existing or future
agreements between the State Department of Transportation and the County with
regard to the use of the premises.
15. INCONSISTENCY. Any item, condition or obligation of this
Agreement that is in conflict with the items listed in this paragraph is superseded to
the extent of the conflict.
16. GOVERNING LAWSNENUE. This Agreement is governed by the laws of
the State of Florida and the United States. Venue for any dispute arising under this
Agreement must be in Monroe County, Florida. In the event of any litigation, the
prevailing party is entitled to a reasonable attorney's fee and costs.
17. CONSTRUCTION. This Agreement has been carefully reviewed by
the Chamber and the County. Therefore, this Agreement is not to be construed
against any party on the basis of authorship.
18.
NOTICES.
Notices in this Agreement. unless otherwise specified,
must be sent by certified mail to the following:
6
To County:
County Administrator
5100 College Road
Stock Island
Key West, FL 33040
19.
FULL UNDERSTANDING.
To Chamber
Executive Director
Islamorada Chamber of Commerce
P. O. Box 915
Islamorada, FL 33036
This Agreement is the parties' final mutual
understanding. It replaces any earlier agreements or understandings, whether written
or oral. This Agreement cannot be modified or replaced except by another written
and signed agreement.
20.
EFFECTIVE DATE.
This Agreement will take effect on July 1. 1995.
IN WITNESS WHEREOF, each party has caused this Agreement to be
executed by its duly authorized representative.
(SEAL)
ATTEST: DANNY L. KOLHAGE. CLERK
By lZu~"#t~
Deputy CI
Witness
Witness
D~ts
(SEAL)
J8ut;:.. ~ .
By ,'~~
Executive Secreta~>\Margaret Higgins
DATE: 7 hSth~-'
"
b/CON/islacofc.doc
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By cSt1-4'k~ -:FAUNt~
~airman
ISLAM9RAr5~
COMMER)tE. INC.
e' ~
' /
C/BYc; /
.~
SUB-LEASE APPROVED BY:
STATE OF F IDA DEPARTMENT OF
TRANSPORT 10
7
I X H I 8 I' · A. D.O.' P 1 I elL '0 5 ,
D01' PARCIL
LlISSII
V. P . I. NO .
STATI/JOB NO.
F.A.P. NO.
STATE ROAD NO.
COUNTY/KEY
SECTION, TOWNSHIP
AND RANGE
'056
Monroe County
611"'3
'0060, Sheet 26 of 32
N/A
5, Bayside
Honroe, Upper Hatecullbe Key, HH 82
Section 28, Township 63 South, Range 37 East
DES C RIP T ION :
The following is the description of a parcel of land leased by
Honroe County, Florida froa the D.O.T of The state of Florida.
That part of section 28, Township 63 South, Range 37 East, Upper
Hatecumbe, Honroe county,'Florida, shown as "NM PART OF THIS
PLAT", as shown on the Plat of stratton's Subdivi.ion as recorded
in Plat Book 2 at Page 38 in the Public Records of Konroe County
being acre particular described as follows:
legin at the intersection of North Line of Gover~nt Lot 4 of
said Section 28 with the Morth R/V Line of U. S. 1,
thence run Vesterly alon9 the Morth I/V Line a distance of 4'3.91
feet;
tbence at light An91e. to the last descrlbed coarse a dlstance of
100 feet; , .
thence BastUly:at Right Angles to the last described coune a
distance of 389.41 feet to a Point on the Morth Line of said
Govern..nt Lot 4;
thence Iasterly along the Korth Line of said Lot 4 a distance of
144.68 feet to the Point of Beginning.
The foregoing containing 44,1'2.SQ.FT.(1.02 Acres) ~re or less.
NOTE: Subject to restrictions, reservations, conditions and
easements of ~cord, any utilities reaaining in place and in use,
if any. This property cannot be used for outdoor advertising
purposes.
Following is a disrcription of a portion of property to be subleased
by the Islamorada Chamber of Co.-erce:
That part of Section 28, Township 63 South, Range 37 East, Upper
Hatecumbe, Honroe County, Florida, shoWQ as "NOT PART OF THIS
PLAT", as shown on the Plat of stratton'"s Subdivision as recorded
in Plat Book 2 at Page 38 in the Public Records of HOnroe County
being more particular described as follows:
Begin at the intersection of the North Line of Government Lot 4
of said Section 28 with the North R/W Line of U. S. 1;
thence run Westerly along the North R/W Line a distance of 150.00
feet to the Point of Beginning;
thence continuing Westerly along the NorthR/W 11ne a distance of
343.97 feet;
thence at Right Angles to the last described course A distance of
100 feet;
thence Easterly at Right Angles of the last described cours~ a
distance of 239.41 feet;
thence run North 89 Degrees 51' 49" East for a distance of 144.68
feeet to the point of Beginning.
The foregoing containing 29,192 SQ.FT.(0.6702 Acres) more or less.
Included in the above described parcel of land is a portion of
land known as "TRACT Aft the descriptions and restrictions are
more particularly described as follows:
Begin at the intersection of North Line of Government Lot 4 of
said Section 28 with the North R/W Line of U. S. 1,
thence run Westerly along the North R/W line a distance of 150.00
feet to the Point of Beginning;
thence continuing Westerly along the North R/W line a distance of
28.93 feet;
thence run south 89 Degrees 51' 49" West for a distance of 39.96
feet;
thence run North 43 Degrees 51' 34" west for a distance of 27.68
feet;
thence run North 89 Degrees 51' 49" East for a distance of 80.00
feet to the Point of Beginning.
The foregoing containing 1,200 SQ.FT.(0.0215 Acres) more or
less. '
NOTE: The following restrictions apply to the foregoing
description known as "TRACT Aft.
Lessee, its assigns, successors or sublessees, are pr9hibited
from clearing, altering or engaging in any development activity
within the area described as "TRACT A". It is the intent of this
prohibition to preserve the vegetated area located within TRACT A
so as to serve as a natural buffer between the leased premises
and the adjoining parcel.
~
~
-
i