2. Additional Parking 09/19/2001
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
October 11,2001
TO:
James Hendrick
County Attorney
FROM:
J an Hotalen, Assistant
County Attorney's Office
Pamela G. Han~~
Deputy Clerk 0
ATTN:
At the September 19, 2001, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Lease between Monroe County and the City of Key West
for additional parking space at the Key West Animal Shelter.
Enclosed is a duplicate original, executed on behalf of Monroe County, for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Administrator w/o document
Finance
File ./
Cheryl Smith
City Clerk
THE CITY OF KEY WEST
P.O. BOX 1409
KEY WEST, FL 33041-1409
525 Angela Street
(305) 292-8193
Fax: (305) 292-8133
E-mail: kwcclk@aol.com
October 4,2001
Suzanne A. Hutton
County of Monroe
P.O. Box 1026
Key West, Florida 33041-1026
Dear Ms. Hutton:
Here is the second original with original signatures from the City Clerk and Mayor. As soon as both
originals are executed I will await one of the originals for our records.
Thank you for your attention to this matter.
V~L~
Vivian Perez .~
Deputy City Clerk
enclosure
Res -D1-281
Key to the Caribbean
Average yearly temperature 770 F.
OKl!v~E~Y ~o~~~~E
(305) 294-46<41
BOARD OF COUNTY COMMISSIONERS
MAYOR George Neugent, District 2
Mayor Pro tem Nora Williams, District 4
Charles McCoy, District 3
Murray Nelson, District 5
Dixie Spehar, District 1
Office of the County Attorney
P.O. Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 - Fax
August 30,2001
Vicky Minard
Assistant City Attorney
City of Key West
604 Simonton Street
Key West, FL 33040
Dear Vicky,
Enclosed please find the Lease Agreement for the additional space for the Humane
Society parking. I have incorporated the change you had requested regarding insurance
as well as providing for the legal descriptions. Please place on the City Commission's
agenda as soon as possible. I will have it placed on the County's September 19th
Commission meeting.
Thank you for your assistance with this matter.
Sincerely,
Suzanne A. Hutton
Assistant County Attorney
Enclosure
SAH:dct
LEASE
Key West Animal Shelter - Additional Parkino Space
THIS LEASE AGREEMENT made and entered into this 11~ of 4f~ 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 CONSIDERATION 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.
2. The term of this lease shall be for ten years, commencing on September 1, 2001, and
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 I, 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
COtiN"
County Commissioners, all as of the day and year first above written and executed in
~-~
BOARD OF COUN1Y COMMISSIONERS
~;:E~NTYff:~ct-
Mayor/Chairman
By
F KEY WEST, FLORIDA
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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 l less.
Page One of Two
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