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Item S5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 19, 2002 Division: County Attorney AGENDA ITEM WORDING: Approval of Assignment and Assumption of Leasehold with Marathon Yacht Club and the City of Marathon. ITEM BACKGROUND: In the course of transferring title to real property and assumptions of leaseholds to the City of Marathon, the leasehold to the Yacht Club's adjacent baybottom was approved but the Yacht Club lease was not. This item will finalize the transfers related to the Yacht Club. PREVIOUS RELEVANT BOCC ACTION: See above. CONTRACT I AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: BUDGETED: Yes 0 No 0 COST TO COUNTY: APPROVED BY: County Attorney _ OMB/Purchasing 0 Risk Management 0 DIVISION DIRECTOR APPROVAL~~~ -~RICK DOCUMENTATION: Included 0 To Follow 0 Not Required 0 AGENDA ITEM # (7(~ 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 September 20, 1982, the Lessor had leased unto the Lessee the real property known as the Marathon Yacht Club, which lease agreement is attached hereto and made a part hereof as Exhibit A; and WHEREAS, title to said property was transferred to the City on September 20,2000; 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 September 20, 1982, 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 August 31, 2052, 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) A TTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman Date (SEAL) Attest: MARA THON CITY COUNCIL By By City Clerk , Mayor Date (SEAL) Attest: MARA THON YACHT CLUB OF MONROE COUNTY By~l 2~~ ~~ Secretary Date r.dLJ d~ J dleaseassignmyc2 Byd1u-6~ con(;ldore UNN~ - .. .. LEASE THIS LEASE AGREEMENT, made and entered into this 20th day of September , 1982, by and between the Marathon Chamber of Commerce, Marathon, Monroe County, Florida, hereinafter called Lessor, and the Marathon Yacht Club, Marathon, Monroe County, Flor- ida. hereinafter called the Lessee: t.J"ITNESSETH: 'That the Lessor, for and in consideration of the rentals here- inafter to be paid, and in further consideration of the covenants hereinafter to be kept and performed by the Lessee, does lease unto the Lessee that certain property described in Exhibit A attached hereto and made a part of this lease agreement, located on Vaca Key, Monroe County; Florida, subject to the following terms and condi- tions which the parties hereto agree shall apply: (1) ~. The term of this lease shall be seventy (70) years, commencing September 1, 1982 and terminating August 31, 2052, unless terminated or extended pursuant to the terms of this lease. (2) RENTAL. The Lessee agrees to pay to the Lessor, in advance. as rent for said property during the term of this lease, the sum of $1.00 per year, to be paid on or before the anniversary date of each year of the term of this lease. or any extensions thereof. (3) PRIOR LEASE: This lease is intended to replace that certain lease heretofore entered into by and between the Marathon Chamber of Commerce and the Marathon Yacht Club. (4) USE OF PREMISES. The premises herein leased shall be used as a yacht club for the Marathon area to be operated under its charter and by-laws and for a non-profit purpose. (5) PAYMENT OF RENT. Xhe rent herein reserved shall be paid in advance as herein specified, and in the event that any installment EXHIBIT A ,- ,. ~. ~ -2- of rent shall remain unpaid for a period of thirty days after the same shall have become due and payable, the Lessor may, at its option, consider the Lessee a tenant at sufferance, and may imme- diately enter upon said premises and take possession thereof. In suth event, or in the event of any other default by the Lessee under the terms and conditions of this lease which shall continue for a period of thirty days from the time of notice to the Les~ee of such default, shall also entitle the Lessor to the same r~medy. l~y^"J . ,,~ ~~~.'.~ SUBLEASE OR ASSIGNMENT. , """,,, '}J' Y,V'/ assign all or any portion of the premises herein leased without . --- (6) The Lessee shall not sublet or ---........--.. ___--- _u_ .the prior._~i.~ten consent of the Lessor. __-----. --" ...-.~_..__.___ e. (7) . IMPROVEMENTS. The Lessee shall not construct or erect any buildings, st~uctures or facilities, or additions thereto, nor -remove or _.4_~Il.troy any such buildings, structures or facilities existing at the time of the execution of this lease, without the prior written consent of the Lessor. (8) REGULATIONS. The 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 will not permit the premises, or any part thereof, to be used so as to constitute a nuisance, or for any illegal or immoral purpose. (9) DAMAGES. Lessee expressly 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 of the Lessor herein. (10) I RETURN OF PREMISES. . At the end of the term herein, or any extensions thereof, the Lessee shall return the premises and any . ... . / .' (3) r improvements thereon, to the Lessor, in as good condition as when leased, normal wear and tear excepted, and shall commit no waste during the term of this lease. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 20th day of September , 1982. OMMERCE z' (Seal) V" Attest: ilNL/~ c Z-t= Secretary MARATHON YACHT CLUB (Seal) By (ffL2J.JI/AJ Attest, 4 ~ ~tar7- ' - .. " EXHIBIT A MARATHON CHAMBER OF COMMERCE LEASE AGREEMENT (Legal Description) A parcel of land being a portion of Government Lot I, Section 9, Township 66 South, Range 32 East and a portion of Government Lot 3, Section 10, Township 66 South, Range 32 East, Marathon, Monroe County, Florida, being more particularly described as follows: COMMENCE at the intersection of the East line of said Government Lot 3 and the centerline of U. S. Highway No.1 (State Road ~o. 5); thence S 74 degrees 20 minutes W along said centerline of U. S. High- way No. 1 for 2642.55 feet; thence N 15 degrees 40 minutes W for 50.00 feet to an intersection with the Northerly right-of-way line of said U. S. Highway No.1, said intersection being the Point of Beginning of the hereinafter described parcel of land; thence S 74 degrees 20 minutes W along said Northerly right-of-way line. for 200.00 feet; thence N 15 degrees 40 minutes W fO~5~8.7~eet to a point: thence continue N 15 degrees 40 minutes tr- or feet more or less to the mean high water line along the Northeasterly shore of the existing yacht basin. lying adjacent to Florida Bay; thence meander northwesterly, northeasterly and southeasterly along said mean high water line along said Northeasterly shore of said yacht basin and the Southerly shore of Florida Bay for 800 feet more or less to an intersection with a line bearing N 15 degrees 40 minutes W from the Point of Beginning; thence S 15 degrees 40 minutes E 'along said line for 40 feet more or less to a point; thence con- tinue 5 15 degtees 40 minutes E along said line for 777.32 feet to an intersection with a line 110.00 feet northerly of as measured at right angles and parallel to said Northerly right-of-way line of U. S. Highway No. I: thence N 74 degrees 20 minutes E along said parallel line for 10.00 feet; thence 5 15 degrees 40 minutes E for 110.00 feet to an intersection with said Northerly right-of-way line of U. s. Highway No.1; thence S 74.degrees 20 minutes Walong said Northerly right-of-way line for 10.00 feet to the Point of Beginning. LESS THEREFROM: PARCEL "A" (FIRE STATION SITE) CO~1ENCE at the intersection of the East line of said Government Lot 3 and the centerline of said U. S. Highway No. 1 (State. Road No.5) thence S 74 degrees 20 minutes W along said centerline of U. S. Highway No. 1 for 2642.55 feet; thence N 15 degrees 40 minutes W for 50.00 feet to an. intersection with the Northerly right-of-way line of said U. S. Highway No.1; thence S 74 degrees 20 minutes W along said Northerly right-of-way line. for 116.00 feet to the Point of Beginning of the hereinafter described Parcel "A"; thence continue S 74 degrees 20 minutes W along said Northerly right-of-way line for 84.00 feet; thence N 15 degrees 40 minutes W for 90 feet more or less to an intersection with a line that is paral- lel to said Northerly right-of-way line of U. S. Highway No. I, said parallel line being 7.00 feet northerly of the Northeasterly corner of the existing "Fire Station Build- ing" as measured at right angles from said parallel line; thence N 74 degrees 20 minutes E along said parallel line for 84.00 feet; thence S 15 degrees 40 minutes E for 90 feet more or less to the Point of Beginning. . ., EXHIBIT ^ ;/ -- MARATHON CHAMBER OF CO:1MERCE LEASE AGREEMENT / . (Legal Description) Page 2 , PARCEL "B" (A. A. R. P. SITE) COMMENCE at the'intersection of the East line of said Govern- ment Lot 3 and the centerline of U. S. Highway No. I (State Road No. 5); ~hence S 74 degrees 20 minutes Walong the said centerline of' U. S. Highway No. 1 for 2642.55 feet; thence N 15 degrees 40 minutes W for 50.00 feet to an intersection with the Northerly right-of-way line of said U. S. Highway No.1; thence S 74 degrees 20 minutes W along said Northerly right-of-way line for 200.00 feet; thence N 15 degrees 40- minutes W for 90 feet more or less to an intersection with a.~ine that is parallel to said N6rtherly right-of-way line of U. S. Highway No. I, said parallel line being 7.00 feet northerly of the Northeasterly corner of the exillting "Fire Station Building" as measured at right angles from said parallel line; said intersection being the Point of Begin- ning of the hereinafter described Parcel "B"; thence N 74 degrees 20 minutes E along said parallel line for 84.00 feet; thence N 15 degrees 40 minutes W for 135 feet more or less to an intersection with a line that is parallel to said Northerly right-of-way line of U. S. Highway No. I, said parallel line being 15.00 feet Southerly of the Southeasterly corner of the existing "Marathon Jaycee Building" as measured at right angles from said parallel line; thence S 74 degrees 20 minutes W along said parallel line for 84.00 feet; thence S 15 degrees 40 minutes'E for 135 feet more or less to the Point of Beginning. PARCEL "c" (PUBLIC PARK SITE) COMMENCE at the intersection of the East line of said Govern- ment Lot 3 and the centerline of said U. S. Highway No. 1 (State Road No.5); thence S 74 degrees 20 minutes W along said centerline of U. S. Highway No.1 for 2642.55 feet; thence N 15 degrees 40 minutes W for 50.00 feet to an intersection with the Northerly right-of-way line of saidU. S. Highway No.1; -thence N 74 degrees 20 minutes E along said Northerly right-of-way line for .10.00 feet; thence N 15 degrees 40 minutes W for 110.00 feet; thence S 74 degrees 20 minutes W for 10.00 feet; thence N 15 degrees 40 minutes W for 625 feet more or less to an intersection with a line that is parallel to said Northerly right-of-way line of U. S. Highway No.1, said parallel line being 10.00 feet northerly of the Northwesterly corner of the existing "Old Chamber of,Commerce Building" as measured at right angles from said parallel line, said intersection being the Point of Beginning of the herein- after described Parcel '''C''; thence S 74 degrees 20 minutes t~ along said parallel line for 116.00 feet; thence N 15 de- grees 40 minutes W for 117 feet more or less to an inter- section with a line bearing N 74 degrees 20.minutes E from the Northerly terminus of an existing concrete dock lying adjacent to the Northeasterly shore of the existing yacht basin; thence S 74 degrees 20 minutes W along said line for 84 feet more or less to the Northwesterly corner of said concrete dock; thence meander northwesterly, northeasterly and southeasterly along the mean high water line along the Northeasterly shore of said yacht basin and the Southerly shore of Florida Bay for 500 feet more or less to an inter- section with a line bearing N 15 degrees 40 minutes W from the Point of Beginning;. thence South 15 degrees 40 minutes E along said line for 192 feet more or less to the Point of Beginning. T':'~ ",-' . :..... EXHIBIT A . MARATHon CHAMBER OF COMMERCE LEASE AGREEMENT (Legal Description) Page 3 . .. EXISTING PAVED ROADS The existing paved roads as shown on "Plat of Survey" by C. G. Bailey, Florida Registered Land Surveyor, Registration No. 620, dated January 17, 1982.