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03/25/1999 to 03/24/2009..02/16/2000 Lease Clerk of lIIe Circul coun Danny L. Kolhage 305-292-3550 Menwrandum To: Dent Pierce, Director Monroe County Public Works From: Isabel C. DeSantis, _ Il /) A. Deputy Clerk QY, l.'. t/. Friday, June 9, 2000 Date: The Board of County Commissioner's approved the following: At the BOCC meeting of January 20, 2000: Lease Agreement between Monroe County and the Big Pine Athletic Association to lease/operate the Blue Heron Youth Center, for an amount of rent totaling $1.00 per year and all costs associated with utilities and solid waste. At the BOCC meeting of February 16, 2000: renewal of Business Lease between Monroe County and the Big Pine Athletic Association to lease Parcels II and IJ, Pine Key Acres, Big Pine Key, Florida (a.k.a. Watson Field) for an amount of rent totaling $1.00 per year. Enclosed herewith are duplicate originals of the subject documents for your handling. Should you have any questions concerning this matter, please do not hesitate to contact me. Cc: County Administrator, w/o doc. Risk Management, w/o doc. County Attorney Finance ylFile I FILED FOR RECORD BUSINESS LEASE 00 JUN::9 PH '~: ; 3 +h DAmptsLL1Sl~r ~:rpade and entered into this \" day of 1ehrua.~ ' 2000, by and'tiiff.~m~~15 PINE ATHLETIC ASSOCIATION, INe., a Florida Corporation, herein calMQNR'QtS~"';"::.~d the COUNTY OF MONROE, STATE OF FLOIDDA, a political ~ " subdivision of the State of Florida, herein called, "County." WIT N E SSE T H: That the Association leases to the County, as herein provided, the real property and improvements thereon located on the following described real property: Parcels IJ and II, Pine Key Acres, Big Pine Key, Florida, subject to the following: 1. Zoning ordinances of Monroe County, Florida. 2. All oil, gas and mineral rights. 3. Easement of ingress and egress for utility purposes, all in accordance with the dotted lines as shown in Official Records Book, at pages 1047, 1048 and 1049. The term of this Lease is for ten (10) years beginning May 25, 1999, and ending May 24,2009, said lease being under the following terms and conditions: 1. The total rent due under this Lease is one dollar ($1.00); 2. The premises leased are to be used as a recreational/park area; 3. The County shall make no improper, unlawful or offensive use of the said premises; and 4. The Association or its agent shall have the right to enter upon the leased premises at all reasonable times for the purpose of viewing and inspecting the conditions thereof.. 5. During the term of the lease, the Association shall: a) Take out $1,000,000.00 in Liability Insurance to save the County harmless against liability resulting from injuries to persons or property on or about the leased premises by reason of the County's occupancy or use thereof; b) Name the County as co-insured with the Association and provide the County with a complete copy of the policy for review prior to reimbursement of the Association; c) obtain such insurance up front, and the County shall reimburse the Association for the cost of the insurance. 6. The County shall not assign this lease, nor sublet or encumber the leased premises in any manner whatsoever, without the prior written consent of the Association. 7. The use of the concession stand located on the above-described real property is to be granted solely to the Association at its own discretion. 8. The County shall maintain the premises, structures, facilities, playing fields, fences and lights in a safe and usable manner. 9. The county shall be responsible for and pay for all utilities utilized on said premises, including water, electric and trash removal. 10. The County reserves the right, at its own discretion, to maintain or improve the subject property or improvements thereon and treat it as any other unincorporated park or beach that is maintained by the County of Monroe, State of Florida. 11. This lease supersedes and cancels all previous agreements between the Association and County involving the real property that is the subject of this lease. 12. The Association shall schedule all events except those deemed to be of a special or irregular nature, in which case the procedures for using County property for special events, as incorporated below, shall be followed: If a group or organization wishes to use County property for special or one-time events, the following procedures will be followed: 1. All requests must be approved by the County Administrator and/or the Monroe County Board of County Commissioners. Therefore, requests should be submitted as soon as practicable and at least one (1) month prior to the scheduled dated of the event, if requesting any special considerations (waiver of fees, alcohol consumption or sales, fund raising, extended hours, etc.) 2. The request must be made on the "Request for Use of County Property" form, and be submitted to: Monroe County Parks & Recreation 3583 South Roosevelt Boulevard Key West, Florida 33040 3. All requests are subject to review by the County Administrator. 4. Deposits for clean-up, security or related expenses may be required as necessitated by the type of event. 5. Waiver or imposition of fees for the event may be enacted by the Board of County Commissioners. 6. Sponsor will be required to execute a hold harmless agreement and/or furnish appropriate insurance naming the County as additional insured, the limits of which will be contingent on the nature of the event. 2 7. Other actions or restrictions may be imposed by the Board of County Commissioners, based on local, State or Federal laws, including, but not limited to Monroe County Codes. 13. Upon the performance by the County of the covenants herein set forth, the Association shall permit the County to quietly hold and enjoy the demised premises without any interruptions by the Association or by any person or persons claiming by, through or under it. 14. The County shall have the right, at the expiration of this lease, to remove any machinery, equipment or property placed upon the premises and return the leased premises to the Association in the same condition existing prior to its occupation of the premises under the lease. IN WITNESS WHEREOF, the parties hereto have signed and sealed this lease agreement as of the~day and year first above written. ~ '\ \.a BIG PINE ATHLETIC ASSOCIATION \ ~itness By: ~~ c.. .lW)!S~ Deputy Clerk' By: ~ (l(4fL President BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDDA cSt;.lt~-F~ By: ~ Mayor/Chairman B 3