03/05/1974
1/
;.;, ,-,U I.-t.-.:. J.\.Lt \.-lU .)
. ,
Parcel 43 (Par. No. F.E.C.R.R.
R/N (x) Part)
IJEAS E
AGHEm':E:~T
.~
THIS AGREEMENT, entered into this 5th
day of
March
, 19 74 , by and between the STATE OF
FLORIDA DEPARTMENT OF TR~NSPORTATION, an a~ency of the State of
Fiorida, hereinafter called the Lessor, and HOi:-JROE COUNTY, FLORIDA,
a political subdivision of the State of Florida, hereinafter
called the Lessee,
WIT N E S S'E T H:
WHEREAS, the land hereinafter described was heretofore
acquired for state highway purposes; and
WHEREAS, said land is not presently required for said
purposes, and the Lessor by action of the Secretary of Transpor-
f
tation on January 17, 1974, pursuant to the provisions of Section
337.25, Florida Statu'ces, has agreed to lease ~'1e land described
in Exhibit "A", attached hereto and made a part hereof., to ~'1e
Lessee;
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the
Lessor, for and in consideration of the covenants herein con-
tained and one dollar ($1.00) and other good and valuable con-
. sideration, does hereby lease unto the Lessee that certain land,
together with the improvements thereon, lying and being in
Nonroe County, Florida, more particularly described in Exhibit
IIA", which is attached hereto and by such reference made a part
hereof.
1. It is expressly understood and agreed by the parties
hereto that the lease shall be from year to year and shall
renew automatically until such time as it is cancelled by the
parties. Either party may cancel this lease at any time upon
sixty (60) days written notice to the other party.
2. It is expressly unde~stood and agreed to by the
parties that the land herein leased is to be used by the Lessee
at Lessee's expense for an ambulance service for Monroe County,
kida. Further, there is to be no advertising or co~~ercial
jse made. of said land.
3. It is expressly understoc~ and agreed to by the
parties that no excavation is to be permitted on the lands covered
by the 18as~ and no additional structures or improvem~nts are
pe~mitted on such land without written approval first being
obtained from the Lessor. Additionally, all plans and spec i-
fications for any structures or improvements are to be approvea
by the Lessor prior to awarding of bids and/or co~~encement of
construction. All structures and improv~ments are to be made
at Lessee's expense. Upon termination of this lease all
structures and improvements made by the Lessee are to be removed
by the Lessee at Lessee's expense, and said land is to be restored
by the Lessee. at Lessee's expense to the condition it was in
f immediately prior to the execution of this lease. At the option
of L~e Lessor any structures and.improvements made to the land may.
.be retained. Any structures and improvements so retained will
become the exclusive property of the Lessor.
.4. The Lessee shall secure at its expense and.maintain
in effect during the term of this lease all required licenses
and permits from federal, state, and local governme.ntal agencies
and shall comply with all applicable federal and state statutes,
local laws, and ordinances.
5. The Lessee does hereby. agree to indemnify, defend,
save, and hold harmless the Lessor from all claims, demands, lia-
bilities, and suits of any nature whatsoever arising out of, be-
cause of, or due to the breach of this lease by the Lessee, its
agents, or employees or due to any act or occurrence or omission
or commission of the Lessee, its agents, or employees, or arising
out of, because of, or due to the use by the Lessee, its agents,
or employees of the land herein leased. It is sp2cifically nnder-
stood and ~greed that this indemnification agreement does not
\
cover or indemnify the Lessor for its own negligence or breach
of contract.
-2-
6. Lessee agrees to give the Lessor the necessary right
ingress and egres~ at all times to maintain State Road 5.
Additionally, the Lessor or its ,duly authori6ed agents shall have
the right at any time to freely inspect~the said land, structures,
and operations thereon ,of the Lessee 1n any matter pertaining to
this agreement.
7. The lease shall not be assLgned nor shall the leased
land or any part hereof be sublet nor shall the Lessee grant any
license or sublease in .respect to any of the leased premises.
8. Should ~~e Lessee, its agents, or employees violate
any of the covenants of this lease on its part to be performed
in the manner herein stated, the Lesso~ may at its option terminate
said lease and shall have the right ~o ~e-enter and take possession
of the premises, effective i~uediately upon the date of such
termination.
I
9. Attached hereto, designated as Exhibit "B", and by
this refe'rence made a part hereof is a certified copy of a resolu-
'tion of the Board of County CO~uissioners of Monroe County authorizing
the chairman to enter into this agreement.
'IN lVITNESS m.IEREOF, the parties hereto have caused these
presents to be duly signed and executed by their proper officers
and their, respective. seals to be affixed, all as of the day and
year first above written.
---
STATE OF FLORIDA
DEPARTM~~T OF TP~NSPORTATION
-<A.J .
Gbr of Road Operations
ATTEST:
~ ~~SEAL)
Executi Secretary
MONROE COUNTY, FLORIDA
BY: ,'/~.///~/., {
Chairman { Board of County
, Commiss . rs
ATTE
-3-
. . .
EXHIBIT "A"
.,
,
:
Section 90060-Proj. 2516(524c
State Road 5
r'Ionroe County
Par. No. F.E.C.R.R. R/W(x) Pt
New Parcel Number 43
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;
COIT~encing 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' 01.;" H a dis t.ance of
261.12 feet to the Northerly Right of Way line of State Road S-905;
thence S 45018'0411 H a distance of 24.92 feet to the Southeast
corner of said Lot 17 and the POINT OF BEGINNING; thence continue
S LI5018'04" \IT 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 \<lest. 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.
M ".. 'T~-C-'''''AT'O''
~""'I'I'''' 0'" e'LCR"rD' N~~~.:}"'J.'.IE~iT C(' .1Rk...~r' 4'0.1. ....'
t;J .J. ..... J. t" .... "..... J\ j"i....., 011"1.4\ ...
DIVISION 0;1 RIGh'T OF WA.Y
DESCRI?TIOll APPROVEJ:> , /!~~2~
\
RESOLUTION NO.
24-1974
WHEREAS, the Board of County Commissioners of Monroe County, Florida
desire to enter into a lease agreement between the State of Florida Depattmant
of Transportation, an agency of the State of Florida, on certain parts of
Lots 22 and 17 of Model Land Co. Plat as recorded in Plat Book 1, Page 61 of the
Public Records of MOnroe County, Florida, said parts being more particularly
described in a lease agreement to be dated ~1arch 5, 1974, now thereforo,
DE IT RESOLVED BY THE BOARD OF COUNTY CO~lM!SSIONERS OF MONROE COUh~Y,
FLORIDA, that the Mayor and Chairman and Clerk of said Board be and they are
hereby authorized to e'~ecute the lease agrecm~nt between the State of Florida
Dcparbnont of Transportation said l~~ds baing designated by said Departraent
of rl'ransportation as Section 90060-2516 - l?arcal NO. 43 and are mora particu-
larly described in said lease.
BE IT FUR~IER RESOLVED BY SAID BOARD that the Clerk of said Board bo and
he is hereby instructed to attach certified copies of this resolution to said
lease after its execution by said Mayor and Chairman and Clerk and to fo~~ard
same to the State or Florida Departr"\Gnt of Transportation for its execution.
DATED March 5, 1974.
1
\
STATE OF FLORIDA,
ss.
COUNTY OF MONROE.
I HEREBY CERTIFY that the foregoing is a true
../
copy of a Resolut:ion adop"ted by the Board of County
Commissioners of Monroe County, Florida, at a meeting
of said Board duly held on the
day of
5th
March
, A.D. 19~.
WITNESS my hand and official seal this 7th
day of
March
, A. D. 19 74 .
(SEAL)
21r.llpn ~q.. T~Thi.te_.
Clerk of the Circuit Court in
and for JYionro9 Coun-cy, Flm:-id.::t,
and ex officio Cler~ of th2
Board of County Cor.:rrr,lssion~"'t's
of Monr. e County, ~lorida.
..
\