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04/04/1986 Lease mannp 1.. ~olbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FWRIDA 33070 TEL. (305) 852.9253 April 18, 1986 Dominic F. Cianciolo, Secretary Florida Keys Children's Shelter, Inc. 16683 Overseas Highway Key Largo, Florida 33037 Dear Mr. Cianciolo: At a Regular Meeting in formal session on April 4, 1986, the Board of County Commissioners of Monroe County, Florida adopted Resolution No. 115-1986 authorizing the Mayor and Chairman of the Board of County Commissioners of Monroe County to execute a Lease Agreement by and between Monroe County and Florida Keys Children's Shelter, Inc. concerning a Child Abuse Shelter at Plantation Key, Monroe County. Enclosed is a copy of the Lease Agreement which has now been executed on behalf of the County. Also enclosed is a certi- fied copy of the Resolution. Very truly yours, Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk Board of County Commissioners bY:"'~ ':~' Rosalie L. Connoll Deputy Clerk Enclosures cc: County Attorney Finance Department vFi1e // - MaYOL Pro Tern Alison Fahrer RESOLUTION NO. 115 -1986 A RESOLUTION AUTHORIZING THE MAYOR AND CHAIRMAN OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN MONROE COUNTY AND FLORIDA KEYS CHILDREN'S SHELTER, INC. CONCERNING A CHILD ABUSE SHELTER AT PLANTATION KEY, MONROE COUNTY, FLORIDA. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commis- sioners of Monroe County, Florida, is hereby authorized to execute a Lease Agreement by and between Monroe County and Florida Keys Children's Shelter, a copy of same being attached hereto, concerning a child abuse shelter at Plantation Key, Monroe County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 4th day of April, A.D. 1986. BOARD OF COUNTY COtfMISSIONERS OF MONROE COUNTY, FLORIDA \ .' . A ,,1\ By .w '~=::y:;~~:n ...~ (Seal) Attest :DANJ\ry L. KOLHAGE, Clerk AP!'ROVEOAS ~. Bt;t;:.~ ~ . Attome(. Office ~ LEASE AGREEMENT This lease made by and between MONROE COUNTY (hereinafter known as Party of the First Part), and FLORIDA KEYS CHILDREN'S SHELTER, INC., a Florida non-profit corporation (hereinafter known as Party of the Second Part), and WHEREAS, the Parties have agreed after proper notice and hearing to enter into a lease wherein the Party of the Second Part shall utilize a portion of the lands located at the Govern- ment Center at Plantation Key, Florida for a Child Abuse Shelter, and WHEREAS, the Party of the First Part, after due notice to the public, has agreed to a proposal made by the Party of the Second Part and does hereby desire to contract through this lease for the use of the property and therefore approve such contract, now THEREFORE, it is agreed by the Parties as follows: 1. That a certain piece of property located in Plantation Key immediately to the rear of the Plantation Government Center and more accurately described as A PARCEL OF LAND IN SEC 8 TWP. 638, RGE. 38E, PLANTATION KEY, MONROE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: From the reference monument at the intersection of the right of way line of the southbound land of SR-5 (USl) and the NE corner of Lot 12, Randal Adams Subdivision as shown on Plat Book 1, Page 110, go N 88013'00" W a distance of 882.12' to a point, Thence along a course S 1047'00" W a distance of 138.06' to THE POINT OF BEGINNING of said parcel; Thence along a course N 88013'00" W a distance of 131.09'; Thence along a course S 02002'00" W a distance of 63.0'; Thence along a course S 00003'52" E a distance of 291.06'; Thence N 02002'00" E a distance of 150.0'; Thence along a course N 89056'08" W a distance of 160.0' back to THE POINT OF BEGINNING. is hereby leased to the Party of the Second Part for a Child Abuse Center for a period of fifteen (15) years from the date of this Agreement. 2. That the consideration for this lease shall be for the annual rental of One ($1.00) Dollar, paid in advance. 3. It is also agreed to by these Parties that should the Party of the Second Part become insolvent or commence any action in the nature of a bankruptcy proceedings that this lease shall become null and void. 4. It is also agreed that this property is being leased for the specific purpose of operating a Children's Abuse Center and it is understood that no use other than that can be conducted on said leased property. In the event this property is not used and oeprated as a children's abuse shelter, the property and the improvements thereon will revert at that time to the County. ~~' 5. The Party of the Second Part does hereby agree that as a condition precedent to the execution and approval of this lease, due proof will be made and exhibited to the Party of the First Part of the incorporation of the aforesaid Party of the Second Part, together with proof that the aforesaid corporation is non-profit under the State Laws and that the same has an Exempt Tax Number with the Internal Revenue Service as concerns Federal taxation. 6. The Party of the Second Part does hereby agree that within three (3) years from the execution of this Lease Agreement improvement shall be placed on the aforesaid leased property which shall cost no less than Two Hundred Thousand ($200,000.00) Dollars and shall be represented by labor, materials or cash. Second Party agrees to furnish invoices, bills, checks and other proof of such construction. 7. The Party of the Second Part does hereby agree to hold the Party of the First Part harmless from any liabilities what- soever, to include any claims or causes of action which shall arise from the use of said property and will carry liability insurance of not less than Five Hundred Thousand ($500,000.00) Dollars wherein the County shall be co-insured. That in addition to the hold harmless agreement and the carrying of insurance as set forth herein, the Party of the Second Part also agrees to defend and pay for the cost of the defense of any claim or causes -2- of action whatsoever that arise as a result of the use of the property by the Party of the Second Part. 8. It is agreed by these Parties that in the conduct of the business on this property, including the construction as afore- said in Paragraph 6., the Party of the Second Part does agree that no liens will be permitted to be filed against said property and that, if any liens are inadvertently caused by the use of the property by the Party of the Second Part and filed the same will be bonded immediately after notice. Any failure to refrain from preventing liens being filed against this property or inadver- tently so without being bonded, shall be cause for cancellation of said lease. It shall be the responsibility of the Party of the Second Part to pay for and defray any and all expenses and costs arising from the construction of any improvements on said land, the maintenance and repair of the same and the Party of the Second Part shall be liable for any expenses of any sort what- soever concerning the operation of the Child Abuse Center on said property. 9. Notice to the Lessor shall be to Kermit Lewin, County Administrator, Public Service Building, Stock Island, Florida 33040. Notice to the Lessee shall be to Dominic F. Cianciolo, Resident Agent, 16683 Overseas Highway, Key Largo, Florida 33037. 10. Any and all indemnity and liability insurance shall be carried in the name of the Party of the Second Part and the Party of the First Part as co-insured and it shall be the respon- sibility of the Party of the Second Part to present to the proper officers of the Party of the First Part copies of all insurance reflecting the same to be in full force and effect. 11. It is specifically understood by the lease parties hereto that this lease is not assignable except by the written consent of the Board of County Commissioners of the Party of the First Part. 12. This Lease Agreement shall set forth all of the under- standings and agreements entered into between these Parties. -3- IN WITNESS WHEREOF, the parties have caused these presents to be executed by their respective officer and representative thereunto duly authorized, this 4th day of April 1986. (Seal) Attest: DANNY L. KOLHAGE, ~lerk MONROE COUNTY, FLORIDA ~~44{)~ C e / ~~- By :: ,". -. \/ Mayor/Chairman of the Board of County Commissioners (Corporate Seal) FLORIDA KEYS CHILDREN'S SHELTER, INC. BY~~ Presi ent ~~~~ ecretary APPROVED AS TO FORM AND GAL sUincfE/\lCY.. 1"1 . 1/ .) BY Anam"",:"," a l:^-~ ~- -4-