04/19/1995 Agreement
Ulannp 1.. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
MEMORANDUM
TO: Randy Ludacer
County Attorney
Attention: Beth Leto
FROM:
Ruth Ann Jantzen IlAA-.
Deputy Clerk )'
DATE:
May 1, 1995
At the April 19, 1995 County Commission Meeting, the Board granted approval
and authorized execution of a Lease Agreement between Monroe County and the Florida
Department of Transportation concerning the Islamorada Chamber of Commerce.
Enclosed please find two duplicate originals of the above Agreement, executed on
behalf of Monroe County. Please be sure that one fully executed copy is returned to this
office as soon as possible. I have also included your standard copy for your files.
H you have any questions, please do not hesitate to contact this office.
Enclosure(s) 3
cc: Finance
County Administrator, w/o document
File
. .
Form 225-080-03
CXJC - CXlO3
07/94
LESSEE Monroe County
W.P.I. NO.: 6116663
COUNTY : Monroe. UDoer Matecumhe Key.
MM 82
SECTION : 90060. Sheet 26 of 32
STATE ROAD: 5. Bavside
FAP NO. NIA
PARCEL NO.: 6056
LEASE AGREEMENT
This AGREEMENT, made this '2tj/{ day of M~
, 1995, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
(hereinafter called the Lessor), and MONROE COUNTY. FLORIDA
(hereinafter called the Lessee), .
WITNESSETH:
In consideration of One Dollar ($1.00) and other good and
valuable considerations, the Parties agree as follows:
1. Prooertv and Term. Lessor does hereby lease unto Lessee
the lands described in Exhibit "A", attached hereto and made a part
hereof, for a period of Thirty (30) years, beginning with the date
of this Agreement. This Agreement may be renewed for an additional
Five (5) Year. term at Lessee's option, subject to the rent
adjustment as provided in Paragraph 3 below. Lessee shall provide
Lessor 120 days advance written notice of its exercise of the
renewal option.
If Lessee holds over and remains in possession of the land
after the expiration of the term specified in this Lease, or any
renewals of such term, Lessee's tenancy shall be considered a
tenancy at sufferance, subject to the same terms and conditions as
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herein contained in this Lease.
This Lease is subject to all
utilities in place and to the maintenance thereof as well as any
other covenants, easements, or restrictions of record.
This Lease shall be construed as a Lease of only the interest,
if any, of Lessor, and no warranty of title shall be deemed to be
given herewith.
2.
Use.
The leased land shall be used solely for the
purposes of a historical museum. rest station and oarkina
facilities. No signs of any kind will be oermitted on the leased
riaht of way area. If the land is used for any other purpose, the
Lessor shall have the option of immediately terminating this
Agreement.
Lessee shall not permit any use of the land in any
manner that would obstruct or interfere with any transportation
facilities.
The Lessee will further use and occupy said premises in a
careful and proper manner, and not coromi t any waste thereon.
Lessee will not cause, or allow to be caused, any nuisance or
objectionable activity of any nature on the premises. Any
activities in any way involving hazardous materials or substances
of any kind whatsoever, either as those terms may be defined under
any state or federal laws or regulations or as those terms are
understood in common usage, are specifically prohibited. The
Lessee will not use or occupy said premises for any unlawful
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purpose and will, at Lessee's sole cost and expense, conform to and
obey any present or future ordinances and/or rules, regulations,
requirements and orders of governmental authorities or agencies
respecting the use and occupation of said premises.
3.
Rent.
Lessee shall pay to Lessor as rent, on or before the
first day of each rent payment period, the sum of One Dollar
($1.00) plus tax, for each one (1) year of the term.
If th i s
Agreement is terminated prior to the end of any rent payment
period, the unearned portion of any rent payment, less any other
amounts that may be owed to Lessor, shall be refunded to Lessee.
Lessee shall pay any and all state, county, city and local taxes
that may be due during the term hereof, including any real property
taxes.
Rent payments shall be made payable to the Florida
Department of Transportation and shall be sent to the state of
Florida, Right of Way Administration, 1000 N . W. 111 th Avenue,
Miami, Florida 33172. The Lessor reserves the right to review and
adjust the rental fee biennially and at renewal to reflect market
conditions. Any installment of rent not received within ten (10)
days after the date due shall bear interest at the highest rate
allowed by law from the due date thereof. This provision shall not
obligate Lessor to accept late rent payments or provide Lessee a
grace period.
4. Improvements. No structures or improvements of any kind
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shall be placed upon the land without prior approval in writing by
the District Secretary for District six of Lessor.
Any such
structure or improvements shall be constructed in a good and
workmanlike manner at Lessee's sole cost and expense. Subject to
any landlords lien, any structures or improvements constructed by
Lessee shall be removed by the Lessee, at Lessee's sole cost and
expense, by midnight on the day of termination of this Agreement
and the land restored as nearly as practical to its condition at
the time this agreement is executed.
Portable or temporary
advertizing signs are prohibited.
Lessee shall perform, at the sole expense of Lessee, all work
required in the preparation of the property or premises hereby
leased for occupancy by Lessee, in the absence of any special
provision herein contained to the contrary; and Lessee does hereby
accept the leased property or premises as now being in fit and
tenantable condition for all purposes of Lessee.
Lessor reserves the right to inspect the leased area and to
require whatever adjustment to structures or improvements as
Lessor, in its sole discretion, deems necessary. Any adjustments
shall be done at Lessee's sole costs and expense.
5. Maintenance. Lessee shall keep and maintain the land and
any building or other structure, now or hereafter erected thereon,
in good and safe condition and repair at Lessee's own expense
during the existence of this lease, and shall keep the same free
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and clear of any and all grass, weeds, brush and debris of any
kind, so as to prevent the same becoming dangerous, inflammable or
objectionable.
Lessor shall have no duty to inspect or maintain
any of the land, buildings or other structures, if any, during the
terms of this Lease; however, Lessor shall have the right, upon
twenty-four (24) hours notice to Lessee, to enter the property for
purposes of inspection, including conducting an environmental
assessment. Such assessment may include but would not be limited
to:
surveying;
sampling of building materials, soil and
groundwater;
monitoring well installations;
soil excavation;
groundwater remediation; emergency asbestos abatement; operation
and maintenance inspections; and, any other action which might be
reasonable and necessary.
Lessor's right of entry shall not
obligate inspection of the property by Lessor, nor shall it relieve
the Lessee of its duty to maintain the property. In the event of
emergency due to a release or suspected release of hazardous waste
on the premises, Lessor shall have the right of immediate
inspection, and the right, but not the obligation, to engage in
remedial action, without notice.
6.
Indemnification.
The Lessee is self-insured for any
general liability claims that may arise and to the extent provided
in section 768.28 (5), Florida Statute.
The Lessee shall
indemnify, defend, save and hold Lessor, its agents and employees,
harmless of and from any losses, fines, penalties,
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costs, damage, claims, demands, suits and liabilities of any
nature,
including attorneys fees (including regulatory and
appellate fees), arising out of, because of, or due to any
accident, happening or occurrence on the leased land or arising in
any manner on account of the exercise or attempted exercise of
Lessee's rights hereunder, whether the same regards person or
property of any nature whatsoever, regardless of the apportionment
of negligence, unless due to the sole negligence of Lessor. It is
further understood that should the Lessee sublet the property in
question, that the Sub-lessee shall indemnify and hold harmless the
Lessor under the same terms and conditions set forth herein,
excluding all provisions which apply to governmental agencies.
Lessee's obligation to indemnify, defend, and pay for the
defense or at the Department's option, to participate and associate
with the Department in the defense and trial of any claim and any
related settlement negotiations, shall be triggered by the
Department's notice of claim for indemnification to Lessee.
Lessee's inability to evaluate liability or its evaluation of
liability shall not excuse Lessee's duty to defend and indemnify
within seven days after such notice by the Department is given by
registered mail.
Only an adjudication or judgment after the
highest appeal is exhausted specifically finding the Department
solely negligent shall excuse performance of this provision by
Lessee.
Lessee shall pay all costs and fees related to this
obligation and its enforcement by the Department. Department's
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failure to notify Lessee of a claim shall not release Lessee of the
above duty to defend. Lessee shall defend the Lessor to the extent
provided in section 768.28 (18) Florida statute.
7.
Insurance.
Lessee is self-insured and will cover the
state of Florida Department of Transportation as stated in
Paragraph 6 of this agreement.
Lessee will protect Lessor and
Lessee against any and all claims for injury and damage to persons
or property or the loss of life or property occurring in, or on
about the land arising out of the act, negligence, omission,
nonfeasance or malfeasance of Lessee, its employees, agents, sub-
lessees contractors, customers, licensees and invitees. Should the
Lessee sub-let or assign the property in question the sub-lease
shall be required to include the Lessor on the Sub-lessee's
certificate of insurance which shall be in a minimum amount of One
Million Dollars ($1,000,000.00) for bodily injury or death to any
one person or any number of persons in anyone occurrence not less
than One Million Dollars for property damage.
The Sub-Lessee
should name the State of Florida Department of Transportation
(FDOT) as an insured party under the policy. The Sub-Lessee shall
provide FDOT with proof of insurance upon demand by FDOT~
8. Eminent Domain.
Lessee acknowledges and agrees that its
relationship with Lessor under this Lease is one of Landlord and
Tenant and no other relationship either expressed or implied shall
be deemed to apply to the parties under this Lease. Termination of
this Lease for any cause shall not be deemed a taking under any
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eminent domain or other law so as to entitle Lessee to compensation
for any interest suffered or lost as a result of termination of
this Lease, including but not limited to (i) any residual interest
in the Lease, or (ii) any other facts or circumstances arising out
of or in connection with this Lease.
Lessee hereby waives and relinquishes any legal rights and
monetary claims which it might have for full compensation, or
damages of any sort, including but not limited to special damages,
severance damages, removal cost or loss of business profits
resul ting from its loss of occupancy of the leased property
specified in this Agreement, or adjacent properties owned or leased
by it, when any or all such properties are taken by eminent domain
proceedings or sold under the threat thereof.
This waiver and
relinquishment applies whether (i) this Lease is still in existence
on the date of taking or sale; or, (ii) has been terminated prior
thereto.
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9. Miscellaneous.
a. This Agreement may be terminated by Lessor
immediately, without prior notice, upon default by Lessee
hereunder, and may be terminated by either party upon thirty (30)
days prior written notice to the other party.
b. In the case of litigation arising out of the
enforcement of any terms, covenants or provisions of this Lease,
the prevailing party shall be entitled to recover its reasonable
attorneys' fees from the non-prevailing party.
c. Lessee acknowledges that it has reviewed this Lease,
is familiar with its terms and has had adequate opportunity to
review this lease with legal counsel of Lessee's choosing. Lessee
has entered into this Lease freely and voluntarily.
This Lease
contains the complete understanding of the parties with respect to
the sUbject matter hereof.
All prior understandings and
agreements, oral or written, heretofore made between the parties
and/or between Lessee and the previous owner of the leased property
and landlord of Lessee are merged in this Lease, which alone, fully
and completely expresses the agreement between Lessee and Lessor
with respect to the subject matter hereof. No modification, waiver
or amendment of this Lease or any of its conditions or provisions
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shall be binding upon Lessor or Lessee unless in writing and signed
by both such parties.
d. Lessee shall not sublet the leased property or any part
thereof, nor assign this Lease, without the prior consent in
writing of Lessor, this Lease being executed by Lessor upon the
credit and reputation of Lessee.
Acceptance by Lessor of rental
from a third party shall not be considered as an assignment or
sublease.
e. Lessee shall be solely responsible for all bills for
electricity, lighting, power, gas, water, telephone and telegraph
services, or any other utility or service used on the land.
f. This Agreement shall be governed by the laws of the state
of Florida, and any applicable laws of the united states of
America.
g. All notices to Lessor shall be sent to the address for
rent payments and all notices to Lessee shall be sent to the
property address.
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IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed, the day and year first above written.
APPROVED AS TO FORM,
AND L GALITY:
TMENT OF
R
By:
DATE:
'5~fi:0--
ATTEST:
;7~#<~ (SEAL)
Executive ecretary
Margaret Higgins
By:
yhQlQ5
cS'~-F~~
LESSEE: ONROE COUNTY,
FLORIDA
TITLE: Chairman of the Board
nANNY L. lCOl:RAGE, Clerk
ATTEST: lP.LLdil'+5/Uf-) (SEAL)
TITLE: Clerk of the Board
APPROVED AS TO FORM,
AND LEGAL SUFFICIENCY
By:
~f?ff{~
3/'5/15
I I
Date:
11
E X H I BIT " A II D . 0 . T PAR C E L 6 0 5 6
DOT PARCEL 6056
LEESSEE Monroe County
W. P . 1. NO. 6116663
STATE/JOB NO. 90060, Sheet 26 of 32
F.A.P. NO. N/A
STATE ROAD NO. 5, Bayside
COUNTY/KEY Monroe, Upper Matecumbe Key, MM 82
SECTION, TOWNSHIP
AND RANGE Section 28, Township 63 South, Range 37 East
DES C RIP T ION :
The following is the description of a parcel of land leased by
Monroe County, Florida from the D.O.T of The State of Florida.
That part of section 28, Township 63 South,Range 37 East, Upper
Matecumbe, Monroe County,'Florida, shown as "NOT PART OF THIS
PLAT", as shown on the Plat of Stratton's Subdivision as recorded
in Plat Book 2 at Page 38 in the Public Records of Monroe County
being more particular described as follows:
Begin at the intersection of North Line of Government Lot 4 of
said Section 28 with the North R/W Line of U. S. 1,
thence run Westerly along the North R/W Line a distance of 493.97
feet;
thence at Right Angles to the last described course a distance of
100 feet; .
thence Easterly'at Right Angles to the last described course a
distance of 389~41 feet to a Point on the North Line of said
Government Lot 4;
thence Easterly along the North Line of said Lot 4 a distance of
144.68 feet to the Point of Beginning.
The foregoing containing 44,192 SQ.FT.(1.02 Acres) more or less.
NOTE: Subject to restrictions, reservations, conditions and
easements of record, any utilities remaining in place and in use,
if any. This property cannot be used for outdoor advertising
purposes.
Following is a disrcription of a portion of property to be subleased
by the Islamorada Chamber of Commerce:
That part of Section 28, Township 63 South, Range 37 East, Upper
Matecumbe, Monroe County, Florida, shown as "NOT PART OF THIS
PLAT", as shown on the Plat of Stratton's Subdivision as recorded
in Plat Book 2 at Page 38 in the Public Records of MOnroe County
being more particular described as follows:
Begin at the intersection of the North Line of Government Lot 4
of said Section 28 with the North R/W Line of U. S. 1;
thence run Westerly along the North R/W Line a distance of 150.00
feet to the Point of Beginning;
thence continuing Westerly along the North R/W line a distance of
343.97 feet;
thence at Right Angles to the last described course a distance of
100 feet;
"
..
~
thence Easterly at Right Angles of the last described course a
distance of 239.41 feet;
thence run North 89 Degrees 51' 49" East for a distance of 144.68
feeet' to the Point of Beginning.
The foregoing containing 29,192 SQ.FT.(0.6702 Acres) more or less.
Included in the above described parcel of land is a portion of
land known as "TRACT A" the descriptions and restrictions are
more particularly described as follows:
Begin at the intersection of North Line of Government Lot 4 of
said Section 28 with the North R/W Line of U. S. 1,
thence run Westerly along the North R/W line a distance of 150.00
feet to the Point of Beginning;
thence continuing Westerly along the North R/W line a distance of
28.93 feet;
thence run South 89 Degrees 51' 49" West for a distance of 39.96
feet;
thence run North 43 Degrees 51' 34" west for a distance of 27.68
feet;
thence run North 89 Degrees 51' 49" East for a distance of 80.00
feet to the Point of Beginning.
The foregoing containing 1,200 SQ.FT.(0.0275 Acres) more or
less. '
NOTE: The following restrictions apply to the foregoing
description known as "TRACT A".
Lessee, its assigns, successors or sublessees, are prqhibited
from clearing, altering or engaging in any development activity
within the area described as "TRACT Aft. It is the intent of this
prohibition to preserve the vegetated area located within TRACT A
so as to serve as a natural buffer between the leased premises
and the adjoining parcel.
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