Resolutions
RESOLUTION NO.
78-70
A RESOLUTION AUTHORIZING THE EXECUTION OF'
A JOINT PARTICIPATION AGREEMENT BETWEEN
THE CITY OF KEY WEST AND MONROE COUNTY,
FLORIDA ON THE ANIMAL CONTROL FACILITY
ON STOCK ISLAND.
BE IT RESOLVED by the City Commission of the City of Key
West, Florida, as follows:
That the attached Joint Participation Agreement between
the City of Key West, Florida, and Monroe County, Florida, be
and the same is hereby approved, and the Mayor of the City of
Key West, Florida, be, and he is hereby authorized, empowered
and directed to execute the said Joint Participation Agreement
for and on behalf of the City of Key West, and the City Clerk
of said City be, and he is, hereby authorized, empowered and
directed to attest the signature of the said Mayor on the said
Joint Participation Agreement and affix the seal of the City
thereto. The execution of said Joint Participation Agreement
is hereby directed to be made in as many counterparts as may
be desired or necessary.
This Resolution shall go into effect immediately upon its
passage and adoption and authentication by the signature of
the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting
5th
day of
J~e
, 1978.
held this
~
MAYOR CHARLES MCCOl
STATE OF FLORIDA)
COUNTY OF MONROE) SSe
CITY OF KEY WEST)
I, Jack F. Mathews, Clerk of the City of Key West,
Florida, do hereby certify the foregoing and attached to be
a true and correct copy of Resolution No. 78-70 , passed
and adopted by the City Commission of the City of Key West,
Florida, on the 5th day of June , A.D., 1978 .
WITNESS my hand and the official Seal of the ,City
of Key West, Florida, this 6th day of June , A.D.,
1978
STATE OF FLORIDA)
COUNTY OF MONROE) ss.
CITY OF KEY WEST)
I, Josephine Parker, Clerk of the City of Key West,
Florida, do hereby certify the foregoing and attached to be a
true and correct copy of Resolution No. 85-224, passed and
adopted by the City Commission of the City of Key West, Florida,
on the 12th day of NOVf~mhpr
1985
WITNESS my hand and the official Seal of the City of
Key West, Florida, this 22nd day of November
1985 .
:, ~<U}[OA
City Clerk -
iJ
RESOLUTION 00. 85-224
A RESOLUTION AlflliORI ZING '!HE EXECUTION OF A
99- YEAR LEASE AGREEMENT BETWEEN '!HE CITY OF KEY
WEST, FLORIDA AND '!HE ())UNTY OF MJNROE; PROVIDING
AN EFFEcrIVE DATE.
BE IT REOOLVED by the City Conmission of the City of Key \Vest,
Florida.
Section 1. That the attached 99-Year Lease Agreenent between the
City of Key West, Florida and the County of Monroe be and the same is
hereby approved, provided that the leased property shall not include
the building or trailer currently occupied by Billie Cheek. The Mayor
of the City of Key West be and he is hereby authorized, empowered, and
directed to execute the said 99-Year Lease Agreenent on behalf of the
City of Key West, and the City Clerk of said City be and she is hereby
authorized, empowered, and directed to attest the signatures of the
said Mayor on the said 99-Year Lease Agreement and affix the Seal of
the City thereto.
The execution of said 99-Year Lease Agreement is
hereby directed to be made in as many counterparts as may be desired
or necessary.
Section 2. This Resolution shall go into effect Unmediate1y upon
its passage and adoption and authentication by the signatures of the
presiding officer and the Clerk of the Commission.
Passed and adopted by the City Ccmnission at a meeting held this
12Th
day of November
, 1985.
'-
Josephine Parker
City Oerk
THE CITY OF KEY WEST
'I
January 7, 1986
Mr. Danny L. Kolhage
ex officio Clerk
Board of County Commissioners
500 Whitehead Street
Key West, Florida, 33040
Dear Mr. Kolhage:
KEY WEST, FLORIDA
Enclosed is an amended certified copy of Resolution No. 85-224
regarding the 99-year Lease Agreement between the City of Key
West and the County of Monroe for the Animal Control Facility
that has been amended to provide that the leased property shall
not include the land under the building or trailer currently
occupied by Billie Cheek, the words "land under" being added
that were previously omitted in error.
Since the Lease Agreement has already been executed by the
County offBonroe, please advise whether this amendment meets
with their approval.
Enclosure
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Key to th e Car; bbean - A verage yearly tempera ture 770 F.
RESOLUTION tD. 85-224
A RESOLUTION AUl'HORIZING '!HE EXECUTIOI1 OF' A
99-YEAR LF.ASE AGREEMENT BETWEEN '!HE CITY OF KEY
WEST, FIDRIDA AND '!HE CDUNTY OF MJNROE; PROVIDING
AN EFFECTIVE DATE.
BE IT RE&>LVED by the City Comnission of the City of Key Hest,
Florida.
Sect ion 1. That the attached 99- Year Lease Agreenent between the
City of Key West, Florida and the County of Monroe be and the sane is
hereby approved, provided that the leased property shall not include
land under the
the^building or trailer currently occupied by Billie Cheek. The Mayor
of the City of Key West be and he is hereby authorized, elltXJWered, and
directed to execute the said 99-Year Lease Agreenent on behalf of the
City of Key West, and the City Clerk of said City be and sne is hereby
authorized, enpowered, and directed to attest the signatures of the
said Mayor on the said 99-Year Lease Agreenent and affix the Seal of
the City thereto. The execution of said 99-Year Lease Agreenent is
hereby directed to be made in as many counterparts as may be desired
or necessary.
Section 2. This Resolution shall go into effect inm:ldiately upon
its passage and adoption and authentication by the signatures of the
presiding officer and the Clerk of the Commission.
Passed and adopted by the City Ccmnission at a meeting. held this
12th
day of November
, 1985.
~.)
RI A. HEYMAN, MAYOR
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STATE OF FLORIDA)
COUNTY OF MONROE) ss.
CITY OF :KEY WEST)
I, Josephine Parker, Clerk of the City of Key West,
Florida, do hereby certify the foregoing and attached to be a
true and correct copy of Resolution No. 8~-224, passed and
adopted by the City Commission of the City of Key West, Florida-,
on the 12th day of November , 1 qAt; .
WITNESS my hand and the official Seal of the City of
Key West, Florida, this 7th day of Janllrlry
1986
,
\
99-YEAR LEASE AGREEMENT
mIS INDENl'URE ma:ie and entered into as of the d ol;A day of
7)e,.~e-m ) e. I
, A.D. 1985 between the City of Key West, Florida,
a ItIJIlicipal corporation organized and existing under the laws of the
State of Florida, party of the first part, hereinafter designated as
the Lessor, and County of ~, a political subdivision fo the State
of Florida, party of the second part, hereinafter designed as the
Lessee ,
WIT N E SSE T HI
1. The first party hereto in consideration of the rents
hereinafter reserved urxier the 'covenants and agreements hereinafter
expressed in the party of the second part, to be kept, perfoD'l8d and
fulfilled, has demised and leased urxier the Lease all of the following
described property situated in lying in being in ~ County, State
of Florida, to wit: A parcel of l~ on Stock Island, ~ County,
Florida, and described by netes and boun;is as follows:
From the intersection of the centerline of the south land of
U.S. Highway No. 1 and the easterly abut:nent of the CcM Key
Channel Brici1e go North 71 Degrees 19 Minutes East a
distance of 300 feet to a point of intersection with the
approximate centerline of Country Club Road 1 thence along
said approximate centerline North 19 degrees 51 Minutes West
a distance of 330 feet to Point 111 thence North 39 Degrees
18 Minutes West a distance of 300 feet to Point 121 thence
North 30 Degrees 29 Minutes West a distance of 265 feet to
Point 131 thence North 03 Degrees 13 Minutes \Jest a distance
of 152 feet of Point 141 thence North 20 Degrees 08 Minutes
EaSt a distance of 600 feet to Point +51 thence SOUth 69
Degrees 52 Minutes East, 28.8 feet to the Point of Beginning
of the parcel of l~ herein describec:h thence continue
SOUth 69 Degrees 52 Minutes East, along a cyclone fence,
145 .7 feet to a point 1 thence SOUth 30 Degrees 08 Minutes
West, along a cyclone fence, 19.1 feet to a point1 thence
North 83 Degrees 08 Minutes West, along a cyclone fence,
36.7 feet to a point 1 thence South 20 Degrees 08 Minutp.s
west, along a cyclone fence, 120.1 feet to a point; thencp.
North 69 Degrees 52 Minutes West, along a cyclone fence,
119.4 feet to a point1 t.l1.ence Northeasterly, along a cyclone
fence, 149.2 feet back to the Point of Beginning, but
excepting from any land described herein the building or
trailp.r currently occupied by Billie Cheek, which property
shall not be included in this lease agreenent.
(1)
To have arxi to hold the above-described property umer the Lease
for arxi during the term of 99 years conmencing on the 12~h day of
November , A.D. 1985 and ending on the 11th day of
November , A.D. 2084.
2. The Lessee in consideration of the entering into the Lease of
the property aforesaid does hereby covenant and agree. with the Lessor
to pay rent as follows:
The Lessee covenants and agrees to pay the Lessor rent for said
demised premises during the demised term of 99 years. The yearly
rental of $10.00 (ten dollars), which is due on the 1 ?+-'h day of
NOVAmhAr , of every year of the said demised term.
3. The County will continue to operate the Animal Control
Facility.
4. The County agrees to maintain the animal control program and
enforce the animal control oJ:dinances of the parties herein.
5. In so far as the provisions thereof are not inconsistent with
this interlocal agreenent, the City of Kay west and ftt)nroe County do
ratify and affirm and agree to continue the provisions of the Joint
Participation Agxeement between them, entered into on May 16, 1978 ·
As further consideration for the leasing and demising aforesaid, the
Lessee further covenants, Pran1Ses, and agrees to develop and maintain
the premises as an animal control shelter and shall rebuild, repair,
arxi reconstruct the animal control facilities located on Junior
College Roi:K:l, Stock Island, Florida.
6. It is hereby covenanted, stipulated, and agreed by, for, and
between the parties hereto that there shall be no mechanics liens upon
any ~rovenents which may anytima be put upon or be upon the demised
property 1 that in case of mechanics liens, the Lessee I'lI.1st payoff the
sane, and that if default and payment thereof should continue for 30
days after written notice, the Lessor shall have the right and
privilege at its option to payoff the sane or any portion of the
sane, and\ the anDUnts paid, excluding expenses, shall at the Lessor' s
(2)
option be additional rent due from t.he said Lessee at the next rent
due after such payment.
7. Lessee hereby further covenants am agrees to use said
premises for the sole purpose of an animal shelter am related and
asscpciated uses.
;
8. it is exp1':9ssly covenanted between the parties that the
Lessee will keep ani save the Lessor forever harmless' from any penalty
ani damage or charges i.np)sed for any violation of any laws where
occasioned by the neglect of Lessee J and that such Lessee will
i.ndetmify and save and keep harmless the Lessor against from any
costs, lost, damages or expense arising out of any accidents or other
occurence causing inju~ to any person or property whcmsoever,
whatsoever, ani to directly or indirectly to the the use of premises
or any part thereof, by the Lessee. The Lessee shall secu1':9 at its
own exp1':9nse from an approved insurance ~ the following
described insurance coverage which will protect the legal liability to
the Lessor and Lessee, to pay for the coverage which will protect the
Lessor ani the Lessee fran any claims of personal inju~ or damage
which might arise out of or in connection with the corxiuct of the
.;---
Aniraal Shelter or any act or acts of..-,~ I s agents and invitees or
~loyees.MinilllJIl\ limits of such policy shall be $50,000 for one
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person or $100 ,000 "',,~or llDre than one person arising out of one
accident am property damage maxinl.Jm of $5,000.00.
9. It is fully understood and agreed by and between the parties
hereto that it is the condition of this Lease that any improvements
upon said P1':9mises, at the termination of the demised term providing
that this Lease is oot sooner terrminated, shall become the exclusive
property of the City of Key West, Florida, without any instrunent or
conveyance from said Lessee to Lessor.
IN WITNESS \BRIDF, the Lessor is called these presents to be
executed in the name by its Mayor and Comoon seal affixed and attested
by the City Clerk, ani the Lessee caused these presents in the nane of
by the Chairman of the Board of County Ccmnissioners and attested by
(3)
APPROVED AS TO FORM
~:~NCY;?
8Y Artomey', OffiC~ ry ~
the Clerk of the Circuit Court of b1rOe County, ex officio Clerk of
the Board of County Camlissioners, all as of the day and year first
above written and executed in duplicate.
CITY OF KEY WEST, FtDRIDA
RIOfARD A. HEYMAN, MA~R
(SEAL )
.
.
PARKER, CITY CLERK
~ OP cnJNTY CXM1ISSIOOERS
OF ~E OOUNTY, FIDRIDA
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MA!OR/C!AIRMAN
( SEAL)
ATl'EST:
J)ANN,X L. KOLHA.GE, Clerk
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CLERK
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County Commission
RESOLUTION NO. 348 -1985
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR AND CHAIRMAN OF THE BOARD TO
EXECUTE A 99-YEAR LEASE AGREEMENT BY AND
BETWEEN THE CITY OF KEY WEST, FLORIDA, AND
COUNTY OF MONROE, PROVIDING FOR THE OPERATION
OF AN ANIMAL CONTROL FACILITY.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor and Chairman of the Board
is hereby authorized to execute a 99-Year Lease Agreement by and
between the City of Key West, Florida, and County of Monroe, a
copy of the same being attached hereto, providing for the opera-
tion of an Animal Control Facility.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 20th day of December, A.D. 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~'~tI~.a-vv~ . ~ ~ ~
. ayor Cliri~an -. C
(SEAL)
Attest:DANNY L. KOLHA.GE, Clerk
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'D AS TO FORM
LSUFFICIENCY. . 4- :
Attomey's Office l
BY