01/08/1992 Agreement
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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, FLORIDA 33070
TEL. (305) 852-9253
M E M 0 RAN DUM
To: Thomas w. Brown,
County Administrator
From: Rosalie L. Connolly, Deputy Clerk
Date: January 16, 1992
As you are aware, on January 8, 1992, the Board of County
Commissioners approved and authorized execution of a Lease
Agreement with the Florida Department of Transportation for
property in Key Largo to be used for community activities.
Attached hereto for your handling are three duplicate origi-
nals of the subject Lease Agreement, now executed and sealed
on behalf of the County. It is our understanding that your
office will follow through on this matter and obtain the
remaining signatures. Please be sure that one fully-
executed copy is returned to the undersigned as quickly as
possible.
Attachments
cc: County Attorney
Finance Director
File
W.P.1. No.:
Section/Job No.:
F.A.P. No.:
S.R. No.:
County:
Parcel No.:
6116623
90060-2516
N/A
5 (Median Strip)
Monroe
(0043) 6010
LEASE AGREEMENT
THIS AGREEMENT, made this 101 day of ~u.tWf-' 199a-by and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, hereinafter called the Lessor, and MONROE COUNTY, Florida, a political subdivision of the State
of Florida, hereinafter called the Lessee,
WITNESSETH
In consideration of One Dollar ($1,00) and other good and valuable consideration, the Parties agree as follows:
1 . 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,
2. The leased land shall be used solely for the purpose of Key Largo community activities as has been
approved and authorized by Lessor, If the land is used for any other purpose, the lessor shall have the option of
immediately terminating this agreement,
3. Lessee shall pay to Lessor as rent each year in advance, One Dollar ($1,00) plus applicable taxes, Any
installment of rent received ten (10) days after the date due shall bear interest at the highest rate allowed by law. The
Department reserves the right to review and adjust the rental fee annually upon the lease's anniversary date. The
amount of increase will be based on the Consumer Price Index (C.P,!.), When this Agreement is terminated, the
unearned portion of any rent payment shall be refunded to Lessee,
4, This agreement may be terminated by either party upon thirty (30) days notice to the other party.
However, Lessor shall not terminate this agreement under this paragraph except for demonstrated transportation needs,
5. No structures or improvements of any kind shall be placed upon the land or existing structures of Lessor
\,^'ithout prior approval in writing by the District Secfetary of Lessor, which approval shall not be unreasonably withheld.
All permitted structures or improvements of the Lessee shall be removed by the Lessee at its expense within sixty (60)
days of termination of this agreement and the land restored as nearly as practical to its present condition.
6, ,. Portable or temporary advertising signs are prohibited; however, stationary owner identification sign is
permissible,
7. Lessee shall not sublet or make any assignment, written or verbal, of this Lease Agreement, unless it is
approved in writing by Lessor.
8, The Lessee shall indemnify, defend, save and hold harmless the Lessor and all of its officers, agents, or
employees from suits, actions, claims, demands, or liability of any nature whatsoever arising out of, because of, or due
to the negligence of Lessee, its subconsultants, agents, or employees, except that, neither Lessee nor any of its agents
W.P.1. No.:
Section/Job No.:
F.A.P. No.:
S.R. No.:
County:
Parcel No.:
6116623
90060-2516
N/A
5 (Median Strip)
Monroe
(0043) 6010
will be liable under this Agreement for damages arising out of injury or damage to persons or property directly caused
or resulting from the sole negligence of the Lessor, or any of its officers, agents, or employees.
9, The Lessor reserves the right to inspect the leased area and to require whatever adjustment to structures
or improvements as deemed necessary. .
10, The Lessee will use and occupy said premises in a careful and proper manner, and not commit any waste
thereon, The Lessee will not use or occupy said premises for any unlawful purpose and 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,
11 , Lessor shall have the right to enter the leased premises during normal business hours for the purpose of
performing maintenance on its facilities and structures,
12. If Lessee installs a locking gate or barrier, or other means of restricting access to the leased area, a
duplicate set of keys will be provided to Lessor for emergency access purposes.
13, This Lease is subject to all utilities in place and in use and to the maintenance thereof.
14. Lessee shall maintain the demised area at its expense. IN WITNESS WHEREOF, the parties hereto have
caused these present to be executed, the day and year first above written.
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BY: . , BY:
Name
MONROE COUNTY
TITLE:CJoIAI.emA.,.} ~~ ~"M!J>
ATTEST/:!L ~~GJf1i/.
1-'-';"
LEGAL APPROVAL AS TO EXECUTION FORM AND CONTENT
By
APPR~~_!!i.':E'!..^!.
ANDLif~
AttOf7'lSy's Office
1l--'l_Li!
rBarba
'2/10 '''L
Haynes, District General Counsel
Date
EXHIBIT "A"
W.P.I.:
See/Job:
S.R.:
Countf:
Parcel:
6116623
90060-2516
5 (Median Strip)
Monroe
(0043) 6010
Those parts of Lots 22 and 17 of Model Land Co. Plat according to the plat thereof as recorded
in Plat Book 1, Page 68 in the Public Records of Monroe County, Florida, said parts being more
particularly described as follows;
Commencing at a point of intersection of the Survey Line of State Road 5 and the center line of
an unnamed street lying Easterly of and contiguous to said Lot 17, run S 00041 '04" Wa distance
of 261.12 feet to the Northerly Right of Way line of State Road S-905; thence S 45018'04" W
a distance of 24.92 feet to the Southeast corner of said Lot 17 and the POINT OF BEGINNING;
thence continue S 45018'04" W a distance of 200.00 feet; thence N 44041 '56" W a distance
of 133.40 feet to the Northerly line of said Lot 22; thence N 45018'04" E a distance of 335.20
feet to the West line of said unnamed street; thence S 00041 '04" W a distance of 189.93 feet
to the POINT OF BEGINNING:
Containing 35,698 square feet, more or less.
All as shown on the Right of Way Maps for Section 90060-2516, State Road 5, Monroe County.
This legal description transcrihed from a survey performed by or under the
supervision of:
Lawrence P. Frank P.L.S. 4619, Job No. K91143 dated 9/17/91
Overbeck & Elliot
Surveyors, Engineers, Land Planners
103400 Overseas Highway
Unit 9
Key Largo, Florida 33037
Phone: (305) 451-3636