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01/19/2000 ; '. Dannp g. 3aoUtjage BRANCH OFFICE CLERIC OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 3300 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL(305)289-6027 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 DATE: February 8, 2000 TO: James Hendrick County Attorney ATTN: Jan Hotalen FROM: Pamela G. Hanco Deputy Clerk ( �' At the January 19, 2000, Board of County Commissioner's Meeting the Board granted approval and authorized execution of an Assignment of Leasehold of Anne's Beach, Islamorada Library Park, Islamorada fire Station and the Hurricane Monument from Monroe County to Islamorada, Village of Islands. Enclosed is a fully executed duplicate original for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Administrator w/o document Public Works Finance File ASSIGNMENT OF LEASEHOLD THIS ASSIGNMENT of leaseholds is made by the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY as the legislative 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 COUNTY) TO ISLAMORADA, VILLAGE OF ISLANDS, a municipal corporation of the State of Florida, whose address is PO Box 568, Islamorada, FL 33036 (hereinafter the VILLAGE), WITNESSETH 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, responsibilities and services; and WHEREAS, on August 1, 1951, the Monroe County School Board did lease unto COUNTY for a period of ninety-nine (99) years those properties commonly known as the Islamorada Library Park, the Islamorada Fire Station and the Hurricane Monument, pursuant to a lease (hereinafter the Lease), a copy of which is attached as Exhibit "A"; now therefore; COUNTY assigns to VILLAGE its leasehold interest in the Lease as recorded at Official Records of Monroe County Book G-64, Page 153, subject to any interest which the Mosquito Control District may have therein, and further subject to, and together with, all responsibilities, liabilities, privileges and immunities imposed on or inuring to the lessee under the Lease, //"IN.WI.T. NtSS WHEREOF, the COUNTY does execute and set its seal this pf J trr-JU~~ , 2000, ! ( !. ,(SEAL): \~TTEST: DANNY l.;~O';;A~E' ClER~ ~~~ ~ Dep~ Clerk 11# day BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By cS'Lf:z!~ jconvvoiscbd ~."t. . ~ '94 FEB -2 A 9 :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 Key : Lower Matecumbe Beach COllnty . Monroe . Parcel No. : 20 C:-'I ED ~ '-'F prf'orr' , . . ; 1 f., ,- L, . _ .\ :, t, ':1 h r: ~1,)NrHF i .Iilm i y, t [ /. 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~ ~ and effect, e.xc~t Paragraph 11 shall apply' only to the Cotm~'s own negli- ~ genee with liability up to the arwunts deser~bed m See, 768,28, F,S. IN WITNE~S WHEREOF, the~~~~reto set his hands and seals this c::?:;f-n...OL day of 19 9.:J . 22, 1993 FLORIDA DEPARTMENT NS;:~ ANLEY M. CANN, JR. P.E. Dist ict Secretary, District IV LESSOR ATTEST~Q' ~'VvO Exe tive Secre y D ATTEST: DANNY L. KOLHAGE,CLERK By ,Q,<>-W.. c. ~t~ Deputy er APPROVED AS TO FORM AND LEGAL SUFFICIENCY LEGAL APPROVAL AS FORM AND CONTENT XECUTION ~ BY: co___' . ~ At~ey'. Office ) Date: /2 -10 .9, Date: EXHIBIT "A" ". w. P . I No. Section/Job No.: F.A.P. No. County Parcel No. 90050-2517 (2516) 5 (US 11 Bayside) Monroe 0020 LEASE AGREEMENT THIS AGREEMENT, made this tL, day of ~ftMAtR. , 1991 by and between the STATE OF FLORIDA DEPARTMENT OF T~SP~~ATI~, J hereinafter called the LESSOR, and mDV I:.QE l.tn.t.Lt:'! 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: 1. Lessor does hereby lease unto Lessee the lands described in Exhibit "A", attached hereto and made a part hereof, for a 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 purpose, the Lessor shall have the option of immediately terminating this agreement. However, before termination, the Lessor shall give the Lessee written notice as to any violation, . and if same is not cured to the satisfaction of the Lessor within thirty (30) days after such ~otice, 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. .. 9. Commercial advertising signs are prohibited. Directional . signs indicating entrances, exits, etc. are. permitted. Such signs must be designed and installed to meet applicable standards of the Florida Department of Transportation. Such signs may be illuminated if permitted by local or county sign codes. 10. Lessee shall not sublet or make any assignment, written or " verbal, of this Lease Agreement except with the prior written approval of the District Secretary of the Florida Department of Transportation, his designee or successor. 11. Lessee shall indemnify, defend, save and hold harmless Lessor from any damage, claims, demands, suits and liabilities of any nature arising out of, because of, or due to any accident happening or occurrence on the leased land. 12. The Lessor reserves the right to enter and inspect the leased area and to require whatever adjustment to structures or improvements as deemed necessary. 13. The Lessee will use and occupy said premises in a careful and proper manner, and not commit any waste thereon, nor allow the 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 ordinances and/or rules, regulations, requirements and orders of governmental authorities or agencies respecting and use and occupation of said premises. The Lessee agrees that he will prohibit overnight camping, and sleeping and cooking in vehicles parked in the leased area. L. ~ ," IN WITNESS WHEREOF, the parties hereto have caused these present to be executed, the day and year first above written. MONROE COUNTY ., \.k) -." ~.' <n ~ . ~~ ,,",,-~ '-'\,- BY: , ATTEST: J>ANliX . ~OWIAGE, Clerk . U-J>~ . STATE OF FLORIDA DEPARTMENT OF TRANSPORTAT N BY: rict Se r District x A'l"rEST:~ Executive Secr tary \ "'~';;.a~". V 81. .- ".,. ?- .z~-:-C}( . . .l....\ .'.J schedule "All section/Job No.: 90050-2517 (2516) Parcel 0020 45.00 feet southeasterly and parallel with said baseline of surv.ey 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 trom 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.