Lease Assignment 12/08/1999
t!lannp 1.. Itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
MEMORANDUM
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
TO:
lames T. Hendrick,
County Attorney
Attn: Ian HotaIen
FROM:
Isabel C. DeSantis, _ ('\ .<::::l
D Cl k ~. C. t...r.
eputy er
DATE:
December 30, 1999
At the December 8, 1999 BOCC meeting, the Board granted approval and authorized execution
of a Lease Assignment between Monroe County sitting as the Board of Governors of the Duck Key
Security District for a site at the NW comer of Duck Key Drive and Green Briar Road for use as a
security center.
Enclosed is a fully exelcuted duplicate original of the subject document for your handling.
Should you have any questions concerning the above, please do not hesitate to call.
cc: County Administrator, w/o doc.
Finance
fiile
-.<--_.- -:
FILED FOR RECORD
99 DEe 30 P" 21 59
LEASE ASSIGNMENT DANNY L. KOLijAGE
CLK. CIR. C ,.... ,
MONROE COUNTY. .. t...,
This lease assignment agreement (assignment) is entered into by the Duck Key Property
Owners Association, a Florida non-profit corporation, whose mailing address is P. O. Box 52606,
Marathon Shores, Florida 33052-2606 (the Association), the Duck Key Security District, a Sec.
125,01910, F,S" municipal service taxing district created by the Monroe County Board of County
Commissioners in Ordinance No, 005-1992, whose address i$ 5100 College Road, Stock Island,
Key West. Florida 33040 (the District), and Hawk's Cay Investors, Ltd" a Florida limited partnership,
whose address is Mile Marker 61, Duck Key, Marathon, Florida 33050 (Owner).
WHEREAS, on November 11, 1998, the Association leased from Owner certain real
property located at the NW Corner of Duck Key Drive and Greenbriar Road (the Premises) for
the purpose of the Association constructing a public safety and security center; and
WHEREAS, the Association/Owner lease provides that the Association may assign the
lease to the District; and
WHEREAS, the Association desires to assign its interest in the lease to the District; now,
therefore, the parties agree as follows:
1,) The Association hereby assigns to the District all the Association's interest. rights,
obligations and duties in the Association/Owner lease dated November 11, 1998, a copy of
which is attached and incorporated into this assignment along with the Premise's legal
description marked as Exhibit A.
2.) The District accepts the assignment and further Fovenants with the Association to
construct the public safety anrj security center, subject to the District obtaining all necessary
governmental de',:elopment orders and obtaining the Owner's approval of the center's design
and landscaping plan, The construction of the center is also subject to the appropriation of
sufficient funds by the District governing body for design and construction.
~
3.) The Owner hereby consents to the Association's assignment of the Association's
interest, rights. obligations and duties in Association/Owner lease of November 11. 1998 to the
District and further consents to the recording of the November ] I. 1998 lease and this
assignment in the official records of Monroe County. Florida.
and survivors.
4,) This assignment is binding on the parties' successor/replacement entities. heirs
5,) This assignment is governed by the laws of the State of Florida. Venue for any
Florida.
litigation arising under this assignment must be in the County or Circuit Court in Monroe County.
."
IN WITNESS WHEREOF. the parties hereto bave set their hands and affi~ed their
respective seal this ~ day of .bcz.cct1~ , ] 999.
WITNESSES:
DUCK KEY PROPERTY OWNERS
~:~~ ~
-lie: S / J iJ:
(SeAl.,) " '.
j A'T~ST: DANNY~. KOLHAGE. Clerk
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By 11
Title: Mayor/Chairman
WITNESSES:
HAWK'S CAY INVESTORS, lTD.
a Florida limited Partnership
By: Hawk's Cay Management. Inc.
By ~. General Pa_
Title: '" , ~~
,0 CM1, nl
peon/duck. doc
2
. .
. .
LEASE AGREEMENT
TIllS LEASE AGREEMENT, made and entered into this 1/ f!- day of AI. ,,~-.. ,1998,
between HAWK'S CAY INVESTORS, L ro., a Florida limited partnership, Mile Marker 61, Duck
Key, Marathon, FL 33050 ("Lessor"), and DUCK KEY PROPERTY OWNERS ASSOCIATION,
INC., a Florida non-profit corporation, of P.O, Box 52606, Marathon Shores, FL 33052-2606
("Lessee"), regarding the premises described as follows:
Legal Description: See Exhibit "A" attached hereto, which, inclusive of any interest which Lessor
has in the Right of Way shown on the attached survey, consists of an area of approximately 80 feet
x 125 feet. Street Address: NW Comer of Duck Key Drive and Greenbriar Road (the "Premises"),
In consideration of the mutual conditions and covenants set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Lessor hereby
leases the premises to Lessee, for a term commencing upon the issuance of certificates of occupancy
for improvements to the land adjacent to the premises, and terminating twenty (20) years thereafter.
The terms and conditions of the Lease set forth herein, shall be as follows:
1. Upon execution of the Lease, and, in any event, prior to Lessee occupying the premises,
Lessee agrees to pay to Lessor, or Lessor's agent, the total sum of $1. 00, the aforementioned total
sum representing the following payments:
The total rental payment for the term of the Lease shaJJ be $1.00 per year, due and payable
aDDually by check or cashiers check on the anniversary date of each year succeeding the date
of commencement of the lease term, and on the same date annually thereafter, until the last
year of the lease term. Lessee may prepay the total rent at the commencement of the Lease
term.
2. Occupancy. The premises shall be occupied only by the Lessee for the purpose of operating
a public safety and security center (the "Center") for the benefit of the "residential islands". The
Center can be a maximum of 120 square feet. The premises can only be used for security purposes
related to the residential islands and to advise visitors of safety precautions and provide directions
related to the residential islands (not including Indies Island).
3. ConstrueOon. Lessee shall, at its sole cost and expense, construct the Center, and all related
landscaping and other appurtenances. The design, color and other attributes of the appearance of the
Center shall not conflict with the appearance of the nearby Village at Hawk's Cay or Hawk's Cay
Resort. Lessor shaH have the right to approve the design of the Center prior to commencement of
construction, including the landscaping plan, such approval not to be unreasonably denied. Lessee
shall ensure that Lessor's interest in the Premises is not subjected to any lien or claim arising from
or connected with Lessee's construction of the Center and, if any such lien or claim is recorded in
the Public Records, Lessee shall cause same to be discharged or transferred to bond immediately
Lease Agreement - Hawk's Cay/DKPOA
upon receipt of notice thereof. Any improvements shall become the sole property of Lessor at the
termination of this Lease,
4. Assignment or Subletting. This Lease Agreement is not assignable by Lessee, nor shall
Lessee sublet any part of the Premises, without the prior written consent of the Lessor which shall
not be unreasonably withheld; provided, however, that Lessee may assign or sublet the premises to
the Duck Key Security District or any successor or replacement entity,
5, Prohibited Uses. Lessee shall not: destroy, deface, damage or remove any part of the
premises or property therein belonging to Lessor, or permit any person to do so or commit waste on
the premises, or maintain or permit to be maintained a nuisance thereon. The Lessee cannot use the
premises for any commercial purpose including without limitation real estate sales, rental or property
management operations or information. The property cannot be used for anything relating to Indies
Island. The property can only be used for the specific purposes stated in Section 2 above.
6. Conditions. Lessee shall be responsible for all conditions created or caused by the negligent
or wrongful act or omission of Lessee. Lessee at all times during the tenancy shall: (a) keep the
premises clean and sanitary; (b) maintain the Center in good condition and repair; ({;) maintain the
landscaping consistent with the landscaping plan; and (d) conduct itself and require persons on the
premises with Lessee's consent to conduct themselves in a manner that does not unreasonably
disturb Lessee's neighbors or constitute a breach of the peace.
7. Default, If Lessee fails to keep any of the Lessee's agreements mentioned in this Lease
Agreement, or if the premises are damaged because of negligence or misuse by Lessee, or other
person on the premises with Lessee's consent, then, in anyone or more of such events, if Lessee has
not taken appropriate steps to cure such problem within thirty (30) days after receipt of written notice
from Lessor, then this Lease shall automatically terminate and be null and void without the need for
court action, and Lessee shall vacate the premises immediately. Should Lessee fail to vacate the
Premises, the Lessee shall pay Lessor default rent at the rate of $100 per day until such time as
Lessee vacates the Premises.
8, Fees, Expenses, and Late Charges. If Lessee shall default in the performance of any
provision of this Lease on Lessee's part to be performed, or if Lessor is required to take any action
to enforce the Lease Agreement, or to defend the validity of or interpret the Lease Agreement, then
the Lessor shall be entitled to recover all costs and expenses incurred thereby, including court costs
and reasonable attorney's fees,
9. End of Term. At the end of the term, Lessee shall vacate and surrender the premises to
Lessor.
to, Lessor's Right of Entry and Inspection. Lessor and/or Lessor's agent shall have the right
to enter the premises upon reasonable notice thereof to inspect the premises,
Lease Agreement - Hawk's CaylDKPOA
11, Indemnification; Insurance. It is understood and agreed that the Lessee will indemnify and
hold the Lessor hannless in the event of any damage, injury or loss of life in connection with the
Lessee's occupation and use of said premises and all facilities offered for Lessee's enjoyment of the
premises. All personal property placed or moved in the premises shall be at the risk of the Lessee,
as Lessor shall not be liable for any damage to said personal property or to the Lessee. Lessee shall
maintain public liability insurance in an amount of not less than $1,000,000.00 under which Lessor
shall be an additional insured with the right to receive notice of any change or cancellation of the
policy(ies) of such insurance. Certificates evidencing such coverage shall be furnished annually to
Lessor,
12. Notice. It is understood and agreed between the parties that written notice mailed or
delivered to the address shown herein shall constitute sufficient notice to the applicable party. A
facsimile copy of this Lease and any signatures thereon shall be deemed originals for, all purposes.
13. Waiver. The failure of the Lessee to take any action against Lessee for violation of any of
the terms of the Lease Agreement shall not be a waiver of the act or subsequent act of the Lessee of
a similar nature from being in violation of the Lease Agreement.
14. Time. Time shall be of the essence of this agreement.
15, Radon Gas. Pursuant to Section 404.056 Florida Statutes, the following Notice is given:
"Radon is a naturally occuning radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your county health unit."
16. Survival of Conditions. In the event any of the terms and conditions of this Lease
Agreement shall be determined to be unlawful Wider the laws of the State of Florida, such terms and
conditions shall be deemed stricken from the Lease Agreement and the remaining provisions of the
Lease Agreement shall remain in full force and effect.
17. Governing Law. lIDs agreement shall be construed under and governed by the laws of the
State of Florida and venue shall be the County Court or the Circuit Court, for Monroe County,
18, Special Provisions. Lessee will be responsible, at Lessee's expense, for arranging all
electrical, phone, water, and sewer service to the Center. Lessor will not object to "hook-up" by
Lessee into the existing water and sewer lines.
19. Option to Renew. Upon the expiration of this Lease, and provided Lessee is not in default
of the terms hereof, Lessor grants Lessee an option to renew the Lease for an additional twenty (20)
year period, upon the same terms and conditions contained herein. This option to renew shall be
exercised by Lessee giving written notice thereof to Lessor at least sixty (60) days, but no more than
one hundred eighty (180) days, prior to the expiration of the initial term of this Lease.
Lease Agreement - Hawk's Cay/DKPOA
IN WIlNESS WHEREOF, the parties have signed this Lease Agreement on the day and year first
written above,
Witness (required iflease is more than one year):
LESSOR
HAWK'S CAY INVESTORS, LTD.
a Florida Limited Partnership
~l>;7?I A- H;ne;;vTeL
Print Name
By: Hawk's Cay Management, Inc.
a Florida Corporation, General Partner
!'>eti:J (Yl ~ ++ i Q.{5
Print N
By: t0~~.....:
Donald J-t"'1()hnson, resident
LESSEE
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Print Name
DUCK KEY PROPERTY OWNERS
ASSOCIATION, INC" a Florida non-profit
corporation
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Print ame
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Lease Agreement - Hawk's Cay/DKPOA
I.E!>61, DF.'CRIPTION OE'~ :fl~ ~",;,,~ ~<O ~~
A PARCEL OF LAND, BEING A PART OF BLOCK 10, "INDIES ISLAND, DUCK KEY
. SECTION 1 . PART I", AS RECORDED IN PLAT BOOK 5, PAGE 82, IN SECTION
21, TOWNSIllP 65 SOUTH, RANGE 34 EAST, OF THE MONROE COUNTY,
FLORIDA, PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AB FOLLOWS:
COMMENCING AT A POINT ON THE CENTERLINE INTERSECTION OF
GREENBRIAR ROAD AND DUCK KEY DRIVE OF SAID PLAT, BEAR NORTII 31
DEGREES 55 MINUTES 46 SECONDS WEST, FOR A DISTANCE OF 56.36 FEET, TO
A POINT OF COMPOUND CURVE ON THE NORTHEABTERLY RIGHT-OF-WAY
LINE OF SAID GREENBRIAR ROAD, SAID POINT BEING THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; THENCE
BEAR ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE, ON A CURVE
HAVING A RADIUS OF 625.00 FEET AND A DELTA ANGLE OF 03 DEGREES 08
MINUTES 41 SECONDS, FOR AN ARC LENGTII OF 34.30 FEET, SAID ARC HAVING
A CHORD WHICH BEARS NORTH 62 DEGREES 04 MINUTES 11 SECONDS WEST,
A DISTANCE OF 34,30 FEET; THENCE BEAR NORTII 27 DEGREES 53 MINUTBS 24
SECONDS EAST, FOR A DISTANCE OF 113.18 FEET; THENCE BEAR SOUTH 63
DEGREES 12 MINUTES 12 SECONDS EAST, FOR A DISTANCE OF 61.85 FEET, TO
A POINT ON THE NORTIIWESTERLY RIGHT-OF-WAY LINE OF SAID DUCK KEY
DRIVE; THENCE BEAR ALONG SAID NORTIIWESTERLY RIGHT-OF-WAY LINE,
ON A CURVE HAVING A RADIUS OF 1041.18 FEET AND A DELTA ANGLE OF 05
DEGREES 00 MINUTES 39 SECONDS, FOR AN ARC LENGTH OF 91.06 FEET, SAID
ARC HAVING A CHORD WHICH BEARS SOUTH 29 DEGREES 04 MINUTES 42
SECONDS WEST, A DISTANCE OF 91.03 FEET, TO A POINT OF COMPOUND
CURVE; THENCE CONTINUE BEARING ALONG SAID NORTHWESTERLY
RIGHT-OF-WAY LINE, ON A CURVE HAVING A RADIUS OF 25,00 FEET AND A
DELTA ANGLE OF 87 DEGREES 5S MINUTES 08 SECONDS, FOR AN ARC LENGTII
OF 38.36 FEET, SAID ARC HAVING A CHORD WInCH BEARS SOUTH 75 DEGREES
32 MINUTES 35 SECONDS WEST, A DISTANCE OF 34,71 FEET, BACK TO THE
POINT OF BEGINNING, CONTAINING AN AREA OF 6,828.872 SQUARE FOOT,
MORE OR LESS.
PREPARED 04/16/98
ACCORDING TO THE ATTACHED SKETCH OF LEGAL DESCRIPTION, DATED
04/16/98, BY JOHN PAUL GRIMES, III, REGISTERED FLORIDA SURVEYOR AND
MAPPER NO, 4906, AND BY THIS REFERENCE MADE A PART HEREOF.
~-~ii!m 4!)
BY: OHNPAUL S, III
REGISTERED FLORIDA
SURVEYOR AND MAPPER
NO. 4906
# 1-4 6th STREET
P,O. BOX 510403
KEY COLONY BEACH,
FLORIDA, 33051-0403
PH. (305) 743-4510
FAX (305) 743-3277
PAGE 1 OF 2.
PREPARED FOR:
HAWK'S CAY INVESTORS, LTD.
P,N.980408WL.WPS
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SKETCH OF LEGAL DESCRIPTION
THIS IS NOT A SURVEY
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LEGAL DESCRIPTION PREPARED AT THE REQUBST or CUENT:
A PARCEL or lANe. BEiNC A PART or BLOCK 10. "INOIES ISUNO. OUCK KEY - SECTION 1 - PART ,". AS RECOROEO IN
PlAT BOOK 5. PAGE B2. IN SECTION 21. l'OWNSHP 65 SOUTH. RANCE J. rAST. or THE "ONROE COUNTY, rLORIDA. PUBLIC
RfCOROS ANO BEING "ORE PARTICULARLY OESCRIBEO BV uETES ANa BOUNOS AS FOLLOWS, (SEE ATTACH[O)
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ThiS ce'@os that this SK ETCH OF LEGAL
DESCRIPTION was mode under my
IUpervilion and the .urvlY meet. the
-Minimum Technicol Stondan:l.- ..t forth
by the Florida Boord 01 !,~f..slqnol_ ~ond
Surveyors in Chapter 61G'7-6, Florida
Administrative Cod.. pUrluant to S.ction
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SKBTCH OF LEGAL DISCIlIPTION
CERTIFIED TO;
HAWK'S CAY INVESTORS. LTD.
BLOCK 6
PART OF
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LEGEND
ABBREVIATIONS
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e
!R~g/W~ : :~~T-Or-WAY
M ir~URED ---
_ CALCULA TEO
. OEEO/OESCRIPTlON
P,O.C, _ POINT or COMMENCEMENT
P.O,B, _ POINT or BEGINNING
P,C, _ POINT OF CURVE
P,l, . POINT or INTERSECTION
P ,T. = POINT or TANGENT
PETSCHE AND ""sac.."S ~P : ~~~;~L1NE
_ ALSO KNOWN AS P,C,C. _ POINT or CO..POUND CURVE
. CONCRETE MASONRY UNIT STRUCTURE
_ AERIAL POWER, TELEPHONE, AND/OR CABLE LINES
_ APPROXIIoIATE MEAN HIGH WATER UNE ACCORDING
TO ARMY CORP OF ENGINEERS ESTIMATE
EL. _ ELEVATIONS (SHOWN THUS X 5,00') ARE RELATI\IE TO
1929 NATIONAL GEODETIC VERTICAL DATUM,
"ONUMENT 1_.lL:-.2JL_ ELEVATION__ii.9.ll:..____
100 Yeor Coastol Flood Zcnl_A.._. Bose Flood (levctio"__lL~_.
FIRM NO.12512il., PNlEL ND.__W~___ _!:L REV, 03/03/97
NOTE, UNDERGROUND ENCROACHMENTS Ir A~ ARE NOT lOCATED.
ALL NlGLES ARE 90' UNLESS OTHERWISE NOTED,
- FOUND CONTROL POINT
40d NAlL/PK/NUT
.',OUND 3/.-PIPE'
/SIZE/CAP TYPE
- FOUND 5/B" REBAR
/SIZE/CAP TYPE
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P,N. 1IlO408 JG
PAGE 2 OF 2