Assignment 07/26/2000
.JUN-f2J2-f2JlZt 15,23 FROM,MONROE COUNTY ATTY OFFICE ID'3f2J52S2351S~'$~~/4
Post-It'. brand fax trar, ,tal memo 7671 NO;pagl>:S. .yL.
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oopt.
WPI No
Section/Job No.90050-2517 (2516)
FAP No. 5 (US #1 Bayside)
County Monroe
Parc~1 No. 0020
ASSIGNMENT OF LEASEHOLD
THIS AGREEMENT for the assignment of leaseholds is made by and among all i
of tile following parties: I
;
!
1. The BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY as the:
legi:;lative and governing body of Monroe County, a political subdivision of the State;
of Florida, whose address is 5100 College Road, Key West, FL 33040 (hereinafter;
COllNTY); .
2. The State of Florida Department of Transportation, whose address is
Miami Regional Service Center, 1000 NW 11lth Avenue, Miami, FL 33172:
(hereinafter DOT); i
3. ISLAMORADA, VILLAGE OF ISLANDS, a muniCipal corporation of the i
State of Florida, whose address ;s PO Box 568, Islamorada, FL 33036 (hereinafter;
the VILLAGE),
W_LLN__~~_~~UJ::!
WHEREAS, pursuant to Chapter 97-348, Laws of Florida, the VILLAGE was
incorporated on December 31, 1997; and
WHEREAS, on November 12, 1998, COUNTY and VILLAGE entered into an
Interlocal Agreement for the transfer of certain property interests, leaseholds,
res~lonsjbilities and services; and
WHEREAS, by Lease dated September 17, 1991, DOT did lease unto COUNTY :
for a period of five (5) years and extended by an "Extension and Modification ~
Agmement of Lease" entered into on December 22, 1993, extending the lease term
for 1:wenty-five (25) years, expiring on September 16, 2021, which Agreements are'
attached hereto and made a part hereof as composite Exhibit "A"; now therefore;
MONROE COUNTY, THE FLORIDA DEPARTMENT OF TRANSPORTATION and THE:
VILl.AGE mutually agree as follows:
1, COUNTY assigns to VILLAGE its leasehold interest in. the Lease j
bet'vileen DOT and the COUNTY, dated September 17, 1991, as extended on '
I
Dec,:mber 22, 1993, as set forth in the Lease, attached hereto as Exhibit A,
.... ~.. ').lNn03 3Q}-JNOW
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10 :Ol WV 6 Z ~nv 00
O~O:l3H ~Od Q31U
JUN~02-00 15:24 FROM:MONROE COUNTY ATTY OFFICE 10:3052823516
PAGE 4/4
~:. All responsibilities, Iiclbilities, privileges and immunities attached to
said leasehold are hereby transferred from COUNTY to VILLAGE, subject to
conditions stated below.
~:, a) Should VILLAGE fail to comply with all of its assigned obligations and
responsibilities under the assigned lease, the COUNTY shall provide maintenance for
those facilities on leased property which existed on the date of assignment.
b) VILLAGE shall indemnify and hold harmless COUNTY for any failure of
VILLAGE to execute its responsibilities under the lease,
~jf.~OF, the COUNTY does execute and set its seal this
'1 , 2000.
- NY L. KOLHAGE, CLERK
ffi
(SEAL)
A rrE~T:
By
Executive Secretary
By
'].'00
iet Secretary
By
ISLAMORADA, VILLAGE OF ISLANDS
,~Ub c-.
Mayor (J
By
Jdconvodotl
. .
.. . w
. .
W.P.I No.
Section/Job No.:
F.A.P. No.
County
Parcel No.
90050-2517 (2516)
5 (US 11 Bays ide)
Monroe
0020
LEASE AGREEMENT
THIS AGREEMENT, made this 1:& day of ScPn'uNR. , 1991 by and
between the STATE OF FLORIDA DEPARTMENT OF ~SP~TATI~, ~
hereinafter called the LESSOR, and m()IJ~~ t"Otl..1.t;lj
hereinafter called the LESSEE.
WIT N E SSE T H
In consideration of One Dollar ($1.00) and other good and valuable
consideration the Parties agree as follows:
in Exhibit "A", attached hereto and made a part hereof, for a
1. Lessor does hereby lease unto Lessee the lands described
period of Five (5) years beginning with the date of this agreement.
The term of this Agreement shall be automatically reviewed and
extended for an additional five (5) year period.
2. The leased land shall be used Solely for recreational
purposes, and vehicle parking. If the land is used for any other
terminating this agreement.
purpose, the Lessor shall have the option of immediately
However, before termination, the
Lessor shall give the Lessee written notice:as to any violation,
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and if same is not cured to the satisfaction of the Lessor within
thirty (30) days after such notice, then such termination shall be
binding and effective.
3. This agreement may be terminated by either party upon
thirty (30) days written notice to the other party.
EXHIBIT A
4. No structures or improvements of any kind except
specifically provided herein shall be placed upon the land without
prior approval in writing by the district Secretary of Lessor. All
permitted structures or improvements of the Lessee shall be removed
by the Lessee at its expense within sixty (60) days of termination
of this Agreement and the land restored as nearly as practical to
its present condition.
It is specifically understood and agreed
that Lessor shall have no obligation to financially assist Lessee
in improving the leased land or in removing and improvement from
the leased land at the termination of this agreement.
5. Lessee further specifically agrees that it will not seek
leased area which will interfere with Lessor's ability to recover
or accept any type of funding for financing improvements to the
or use said land at termination of this agreement.
6. Any structures or improvements made upon the land shall be
located Solely within the leased area and shall not encroach into
the highway right of way.
The typical section identified as
placing any structures or improvements on the land.
Exhibit "8" and made a part of this agreement, shall be followed in
7. Sanitation facilities may be placed on the leased area for
the convenience of the public. All Plans for septic tank or other
appropriate sanitation system shall be revie>/ed and approved by the
, .
Lessor's environmental section prior to installation after all
necessary permits are obtained from any and all regulatory
agencies.
8. The design and placement of driveway entrances shall be
SUbmitted to and approved by Lessor prior to installation.
9. Commercial advertising signs are prohibited. Directional
signs indicating entrances, exits, etc. are permitted. Such signs
Florida Department of Transportation.
must be designed and installed to meet applicable standards of the
illuminated if permitted by local or county sign Codes.
Such signs may be
verbal, of this Lease Agreement except with the prior written
10. Lessee shall not sublet or make any assignment, written or
Transportation, his designee or succesSor.
approval of the District Secretary of the Florida Department of
Lessor from any damage, claims, demands, suits and liabilities of
11. Lessee shall indemnify, defend, save and hold harmless
happening or occurrence on the leased land.
any nature arising out of, because of, or due to any accident
improvements as deemed necessary.
leased area and to require whatever adjustment to structures or
12. The Lessor reserves the right to enter and inspect the
and proper manner, and not COmmit any waste thereon, nor allow the
13. The Lessee will use and occupy said premises in a careful
storage of any hazarous or flammable material on the leased area.
The Lessee will not use or occupy said premises for any unlawful
purpose. and will conform to and obey any present or future
I
ordinances and/or rules, regUlations, reqUi~ements and orders of
I
oCCupation of said premises.
governmental authorities or agencies respecting and use and
prOhibit OVernight Camping, and sleeping and Cooking in vehicles
parked in the leased area.
The Lessee agrees that he will
i . .
14. Lessee is responsible for securing all necessary permits
and licenses, inCluding but not limited to enVironmental, drainage,
federal
grading and paving permits, from all municipal, county, state, or
agencies,
inclUding
the
Florida
Department
of
Transportation, having jurisdiction.
15. All improvements made to the leased area shall be
accomplished in accordance with a plan approved by the District
Secretary of LeSsor, his designee or Sucessor.
16. Lessor shall have the right to enter the leased premises
during normal business hours for the purpose of performing
maintenance on its facilities and structures.
keys will be prOvided to Lessor for emergency access purposes.
means of restricting access to the leased area, a duplicate set of
17. If Lessee installs a locking gate or barrier, or other
and to the maintenance hereof.
18. This lease is subject to all utilities in place and in use
19. Lessee shall maintain the demised area at his expense.
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present to be executed, the day and year first above written.
IN WITNESS WHEREOF, the parties hereto have caused these
MONROE COUNTY
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTAT N
. .. ~ .
BY: ~".l...... · -... - ...~ BY:
ATTEST: PANNX L; XOWiAGE, Clerk
~j)~
ATTEST:
Executive
\
~ ~ A.S' 'TY'\ rr>~v
8y~77?r7~
Dc. '"';1- -zcy~ 9/ 7=-
SCHEDULE II A II
SECTION/JOB NO.: 90050-2517(2516)
PARCEL NO.: 0020
A tract of land situated on Lower Hatecumbe Key, in the County
of Honroe and State of Florida and known as being a part of Section
29, Township 64 South, Range 36 East and further known as being a
part of those lands lying southeasterly of the centerline of State
Road NUmber 5 (U.S. - 1) right-of-way, as shown on Florida State
Right-Of-~y Map. for Section 90050, south~sterly of Tract "A"
Lower MatecUmbe Beach, according to Plat Book 3, Page 34, of the
Official Records of Honroe County, northeasterly and adjacent to
the West line of said Section 36 and being northwesterly of the
Straits of Florida (a.k.a. Atlantic Ocean) and also including a
part of those lands as described in Official Records Book 1091,
Page 2445, Monroe County Public Records and being more particularly
described as follows:
COMMENCE at the most westerly corner of Tract "A" of Lower
Matecumbe Beach, according to the plat thereOf as recorded in Plat
Book 3, at Page 34, of the Public Records of Monroe County,
Florida, said POint being 50.00 feet southeasterly of station 724-
00 of the Baseline of said Right-of-way Hap; and the POINT OF
BEGINNING of the parcel of land and water herein intended to be
described; from said Point of Beginning bear South 33 degrees, 26
minutes, 01 seconds East, along the southwesterly line of said
Tract "A" 150.00 feet, to the southeasterly right-of-way line of
said U.S. Highway NO.1; thence bear South 56 degrees, 33 minutes,
59 seconds West, along said SOutheasterly right-of-way line
2,747.67 feet more or less, to the West line of said Section 29,
Township 64 South, Range 36 East aCcording to said Right-of-way Map
- Section 90050; thence bear North 00 degrees, 10 minutes, 51
seconds west, along said West line of Sectiod 29, according to said
Right-of-Way Hap - Section 90050, 131.54 feet to a POint which is
90.00 feet, measUred at right angles southeasterly from the
baseline of survey as shown on said Right-of-way Hap, thence bear
North 53 degrees , 49 minutes, 57 seconds East 838.56 feet to a
POint which is 50.00 feet, measured at right angles southeasterly
from said baseline of survey, thence bear North 56 degrees, 33
minutes, 59 seconds East along said line 50 feet southeasterly and
parallel 1,172.94 feet; thence bear North 33 degrees, 26 minutes,
01 seconds West 5.00 feet to a POint which is 45.00 feet, measured
at right angles southeasterly from said base line of Survey; thence
bear North 56 degrees, 33 minutes 59 seconds East along said line
.' -,.
Schedule "A"
Section/Job No.: 90050-2517 (2516)
Parcel 0020
45.00 feet southeasterly and parallel with said baseline of survey
80.00 feet; thence bear South 33 degrees, 26 minutes, 01 seconds
East, 5.00 feet to a point which is 50.00 feet, measured at right
angles, southeasterly from said base line of survey; thence bear
North 56 degrees, 33 minutes, 59 seconds East along said line 50.00
feet southeasterly and parallel to said base line 585.0 feet more
or less to the Point of Beginning, containing 8.93 acres of land
and water of the Straits of Florida.
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'94 FES -2 A9 :34
W.P.I. No. . N/A
.
state/Job No. . 90050
.
Federal Job No. : N/A
state Road No. . 5, Oceanside
.
Mile Marker No. : 73
Rey . Lower MatecUmbe Beach
.
COl1nty . Monroe
.
Parcel No. . 20
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:-IIJNRC];- -.fl/m! (. H I.
EXTENSION AND MODIFICATION AGREEMENT OF LEASE
The Lease Agreement dated September 17, 1991 and made between
The STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and MONROE COUNTY
is hereby modified and extended for a twenty five (25) year period,
expiring on September 16, 2021.
This extension and modification of the Lease Agreement is for
the portion of Right-of-Way legally described in the attached
Exhibit "A".
tf
It is expressly understood that in all other respects, said
terms and conditions of the Lease Agreement shall be in full forc~
'I.. and e f f ect, except Paragraph 11 shall appl r only to the Coun!;y' s own negli _ 0
gence with liability up to the BDDunts deScnbed U1 Sec. 768.28, F.S. . '
IN WITNE.liS WHEREOF, the If::.;;;': here to set h is hands and sea Is
this c:? ~ -n..dL day of ..bPA ~ 19 9.J .
22, 1993
FLORIDA DEPARTMENT
NS~~
~NLEY M. CANN, JR. P.E.
Dist ict Secretary,
District IV
LESSOR
ATTEST~q ~'''''<J
exe t~ve Secre Y
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ATTEST: DANNY L. KOLHAGE.CLRRK
By ,(loL.,Q> C.. ~-t~
Deputy er
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
LEGAL APPROVAL AS
FORM AND CONTENT
XECUTION
~
BY: C......~~
Attorney'. Office
,
Date: /2 -/0 .9,
Date: