06/17/1994 Agreement
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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
M~MQBAN!!YM
FROM:
~Mark Rosch, Executive Director
Monroe County Land Authority ~.
Isabel C. Desantis, Deputy Clerk j,G.
TO:
DATE:
June 22, 1994
As you know, at the Board meeting of June 16, 1994, the Board
granted approval and authorized execution of Addendum V to the
Conceptual Approval Agreement between Monroe County and the FCT
Preservation 2000 for the purchase of Coco Plum Beach, Marathon.
Attached hereto are three duplicate originals of the subject
document executed on behalf of Monroe County. It is my
understanding that your office will follow-through on the above
with the FCT.
At the Board meeting of June 17, 1994, the Board granted approval
and authorized.execution of a Lease Agreement between Monroe
o County and the Big Coppitt Volunteer Fire Department, Inc., for
recreational purposes.
Attached hereto is the duplicate original of the subject document
for forwarding to the Lessor.
Should you have any questions concerning these matters, please do
not hesitate to contact me.
cc: County Attorney
Growth Management Director
County Administrator w/o document
Finance Director
fi'ile
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"94 JUN 22 P4 :15
LEASE
T~H~t; rLEAS~ is
JlAne
/7-in
made and executed on this __
day of
COPPITT
1994, by and between the BIG
VOLUNTEER FIRE DEPARTMENT, INC., a non-profit corporation or-
ganized under the laws of the State of Florida, hereafter Lessor,
having its principal office at South Conch Avenue, Big Coppitt
Key, Florida, and MONROE COUNTY, a political subdivision of the
State of Florida, hereafter Lessee, having its principal office
at 5100 College Road, Public Service Building, Key West, Florida.
1. Lessor leases to Lessee the following described real
property:
Lot 3, Block 4, amended plat of Coppitt
Subdivision as recorded in Plat Book 4 at
Page 50 of the Public Records of Monroe
County, Florida, a resubdivision of Plat Book
3, at Page 116 located in Government Lot 5,
Section 22, Township 67 South, Range 26 East,
Big Coppitt Key, Monroe County, Florida.
and
Lot 4, Block 4, amended plat of Coppitt
Subdivision as recorded in Plat Book 4 at
Page 50 of the Public Records of Monroe
County, Florida, a resubdivision of Plat Book
3, at Page 116 located in Government Lot 5,
Section 22, Township 67 South, Range 26 East,
Big Coppitt Key, Monroe County, Florida.
and
Lot 5, Block 4, Amended Plat of Coppitt
Subdivision (a re-subdivision of P.B. 3, Page
116), located in Government Lot 5, Section
22, Township 67 South, Range 26 East, Big
Coppitt Key, Monroe County, Florida, as
recorded in Plat Book 4, Page 50, Public
Records of Monroe County, Florida.
hereafter the premises, to have and to hold for a term of 20
years commencing on the date first written above. Lessee may
only use Lots 3 and 5 for a park, playground, basketball, and
volleyball courts, all open to the public during such reasonable
hours as the Lessee may establish. Lessee may use Lot 4 and the
structure located on that Lot for any public purpose. At the
expiration of this lease the parties may mutually agree to
another 20 year extension at the same terms and conditions of
this lease.
2. Lessee shall pay an annual rental of One Dollar ($1.00)
for the premises, due on the anniversary date of this lease, or
if a weekend or holiday on the first business day thereafter, for
the demise of the premises during the previous year.
3. Lessor covenants that Lessor is seized of the real
property in fee simple, except for any interest retained by
Rimsberg Coal Co., and has full right to make this lease and that
Lessee shall have quiet and peaceable possession of the premises
during the term of this lease.
4. All water, gas, electricity, telephone, solid waste
collection services, and other public utility services used or
furnished to the premises during the term of this lease shall be
paid for by Lessee.
5. During the term of this lease, Lessee shall comply with
all applicable laws affecting the premises, the breach of which
might result in any penalty on Lessor or forfeiture of the
Lessor's title to the premises. Lessee shall not commit waste on
the premises except as necessary for the construction of any
improvements permitted under this lease. Lessee shall not be
liable for any damages to or destruction of any Lessee built
improvements on the premises, or required to repair or rebuild
those improvements. Lessee shall keep Lots 3 and 5 open to the
public for the purposes described in paragraph I of this lease.
If the Lessee fails to keep Lots 3 and 5 open to the ptililic for
the purposes described in paragraph 1 during the term of this
lease then this lease will terminate and the Lessor may reenter
and take possession of Lots 3 and 5 unencumbered by the obliga-
tions of this lease. Lessor's right to reenter and take pos-
session of Lots 3 and 5 is Lessor's sole remedy in the event of
the Lessee's breach of its obligation to tlSe Lots 3 and 5 for the
purposes described in paragraph 1.
6. All improvements to the premises shall be done at the
Lessee's own expense. Upon the expiration or termination of this
lease for whatever cause, Lessee shall have a right to remove
such improvements from the premises, provided that in doing so it
leaves the premises in as good repair as on the date first
written above and the premises are not so damaged as to be unfit
for use or occupancy by reason of the removal.
7. Lessee must indemnify and hold harmless the Lessor and
its officers from any liability arising out of the Lessee's use
of the premises. At the time of the execution of this lease
Lessee is self-insured. If during the term of the lease Lessee
ceases to be self-insured, Lessee shall purchase liability
insurance covering Lessee's operations on the premises in an
amount up to Lessee's waiver of sovereign immunity and naming the
Lessor and its officers as additional named insureds.
IN WITNESS WHEREOF, the parties have executed this lease at
Key West, Monroe County, Florida, on the day and year first
written above.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY~u~~
(SEAL)
ATTEST:
~ (i), ~
BY_-I~d.. ~.
leaseifire
a~rman
BIG COPPITT VOLUNTEER
FIRE DEPARTMENT, INC.
BY~~
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