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HomeMy WebLinkAboutItem F04 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS � Mayor Michelle Lincoln,District 2 The Florida Keys Mayor Pro Tem David Rice,District 4 y Craig Cates,District 1 James K. Scholl,District 3 � « Holly Merrill Raschein,District 5 Regular Meeting May 20, 2026 Agenda Item Number: F4 26-7019 BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land Management TIME APPROXIMATE: STAFF CONTACT: Paunece Scull AGENDA ITEM WORDING: Approval of a Resolution granting authority to terminate the Lease Agreement with the Florida Department of Transportation for FDOT Parcel 521 located at Mile Marker 82 in Upper Matecumbe Key. ITEM BACKGROUND: The Florida Department of Transportation (FDOT) owns a parcel of land referred to as FDOT Parcel 521, located at mile marker 82 in Upper Matecumbe Key. The land has a train caboose located on the property. On May 24, 1995, the County entered a thirty (30) year lease with FDOT. The Lease contained a five-year option to renew. The lease required the land to be used solely for the purposes of a historical museum, rest station, and parking facilities. On May 14, 2025, County staff requested an extension of the Lease from FDOT for an additional five (5) year term. As a result, FDOT sent a letter titled"Renewal of Lease Agreement" extending the lease agreement through May 23, 2030. Over the years, the Islamorada Chamber of Commerce and the Matecumbe Historical Trust operated out of the caboose. Historically, it was less expensive and easier for other entities to enter subleases with the County rather than obtain a lease directly from FDOT. Currently, the Village of Islamorada is in negotiations with the Florida Department of Transportation to lease FDOT Parcel 521. There are no sublessees requiring County involvement. Upon approval of the resolution, the County will provide notice to the Florida Department of Transportation of its intent to terminate the Lease in accordance with the terms of the original agreement. PREVIOUS RELEVANT BOCC ACTION: April 19, 1995, BOCC authorized execution of a Lease Agreement. INSURANCE REQUIRED: N/A CONTRACT/AGREEMENT CHANGES: TERMINATION. STAFF RECOMMENDATION: Approval of Resolution terminating the Lease Agreement. DOCUMENTATION: Resolution to Terminate Lease Lease Agreement dated May 24, 1995 Renewal Letter dated July 15, 2025 FINANCIAL IMPACT: Effective Date: 05/20/2026 Expiration Date: n/a Total Dollar Value of Contract: n/a Total Cost to County: n/a Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No. If yes, amount: Grant: County Match: Insurance Required: No. Approval of a Resolutiongranting authority to terminate the Lease Agreement with e Floridae t of Transportationfor FDOT Parcel 521 located at Mile Markeri Upper Matecumbe Key. 1 23 3 r 4 5 r li vo 8 RESOLUTION NO. -2026 9 10 A RESOLUTION OF THE MONROE COUNTY BOARD OF 11 COUNTY COMMISSIONERS' GRANTING AUTHORITY 12 TO TERMINATE THE LEASE AGREEMENT WITH THE 13 FLORIDA DEPARTMENT OF TRANSPORTATION FOR 14 FDOT PARCEL 521 LOCATED AT MILE MARKER 82 IN 15 UPPER MATECUMBE KEY. 16 17 18 WHEREAS, Section 125.35(1)(a), Florida Statutes, provides that the Board of County 19 Commissioners ("Monroe County", the "County", "BOCC", or the "Board") is expressly 20 authorized to lease real property upon the Board's determination that it to the best interest of the 21 County to do so; and 22 23 WHEREAS, the BOCC at its regular meeting on April 19, 1995, approved a lease 24 agreement between the County and the Florida Department of Transportation ("FDOT") for a 25 parcel of land referred to as FDOT Parcel 521 at mile marker 82 in Upper Matecumbe Key; and 26 27 WHEREAS, the property had, and continues to have a train car, or caboose, located on 28 the property; and 29 30 WHEREAS, at the time the County entered into the initial Lease Agreement the 31 Islamorada Chamber of Commerce operated out of the caboose; and 32 33 WHEREAS, over the years other entities have operated at the property as sublessees as it 34 was easier and more cost effective for those entities to sublease with the County rather than 35 obtain their own lease with FDOT; and 36 37 WHEREAS, there are no sublessees requesting use of the property and the County has 38 no need for the property; and 39 40 WHEREAS, Lease Agreement expired May 23, 2025; and 41 42 WHEREAS, a renewal extending the Lease through May 23, 2030, was agreed upon, 43 although an Amended Lease was not formalized; and 44 45 WHEREAS, the Lease Agreement between the County and FDOT, dated May 24, 1995, 46 expressly provides that the County may terminate the lease upon thirty (30) days' written notice; 47 and 48 1 of 2 49 WHEREAS, the County is not using the property, and it is in the public's best interest to 50 terminate the Lease; and 51 52 WHEREAS, the Board hereby approves and authorizes the termination of the Lease 53 Agreement; 54 55 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 56 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 57 58 1. The foregoing recitals, findings of fact, and conclusions of law are true and correct 59 and are hereby incorporated as if fully stated herein. 60 61 2. The Monroe County BOCC hereby finds that the above-referenced real property is no 62 longer used by the County, and that it is in the best interest of the County to terminate 63 the Lease Agreement with FDOT for FDOT Parcel 521 located at mile marker 82 in 64 Upper Matecumbe Key. 65 66 3. The Board approves and authorizes staff to provide written notice to FDOT with its 67 intent to terminate the Lease Agreement. 68 69 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 70 Florida, at a regular meeting of the Board held on the day of 12026. 71 72 Mayor Michelle Lincoln 73 Mayor Pro Tem David Rice 74 Commissioner Craig Cates 75 Commissioner Holly Merrill Raschein 76 Commissioner Jim Scholl 77 78 79 BOARD OF COUNTY COMMISSIONERS 80 OF MONROE COUNTY, FLORIDA 81 82 83 By: 84 (SEAL) MAYOR MICHELLE LINCOLN 85 86 ATTEST: KEVIN MADOK, CLERK 87 88 89 By: 90 AS DEPUTY CLERK 91 Monroe County Attorney's Office 92 Approved as to legal form and sufficiency: 93 Digitally signed by Jeni-Lee MacLaughlin J 94 e n I-Lee MacLaughlin Date:2026.05.08 16:34:29-04'00' 95 Jeni-Lee MacLaughlin 96 Assistant County Attorney 2 of 2 a JI OOC 0003 - '1"/94 LESSEE Monroe fount COUNTY Is 140rurog perMated 2 SECTION 6 ,j. �h et 2§ af 32 STATE R . 51 3 a ,P NOS HLA PARCEL NO. , 6056 MME IIII M ■ " his AGRE, ". " made -$c s � day pay 1 9 9 5 and between the STATE OF FLORIDA DEPARTMENT TRANSPORTATION,, (hereinafter called the Lessor) , and ROE COUNTY FL . e,io called the Lessee) , W ESQ In, consideration f One Dollar $1.0 C and other good and valuable considerations the Parties agree as follows: 10 rty and -Term, Lessor does here hereb,y lease unto Lessee th e ands described Exhibit "'All attached hereto anal made r ak hereof for a period L rt 3 th the date ....�ears,, beginning wi f this Agreement. This Agreement may be renewed for an additional 5 g r term at Lessee. option,, subject to the rent adjustment as provided Paragraph 3 below. Lessee shall provide Lesson days advance written notice o -it exercise renewal option. Lessee holds, over ,end remains possession of the n after the expiration of the term s,pleclfled in this Lease r an renewals of such term, Lessee's nanny shall be considered tenancy at sufferance, subject to the same terms and „cI ndi ns as 225-080 der 03 OGC—0003 07/94 herein contained 'in this Lease. This Lease b is su iect to all, utilities 'in place and to the maintenance therelof as well as any other covenants, easements,, or restrictions of record. This Lea I se 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* The leased land shall be used solely, for the purposes of a-_ historical muse'uml.,, rest station and # iparkin f ac ilities No sicfns of. anv kind w 11, be_pergaittg-d on the leased 1:1 ght av area. If the land is used for any other purpose,, the Lessor shall have the option of immedi at y ter-m,inat ng this Agreement, Lessee shall not permit any use of the land in any manner that would obstruct or inter ire with any transport at ion facilities, The Lessee will, further use and occupy said premises 'in a careful and proper manner, and not commit any waste thereon 91 Lessee wi, l. not cause, or allow to be caused,, any nui- sance or objectionable activity of any nature on thie premises Any activities in any, way inviolv ing hazardous materials or substances of any kind whatsoever,,, e Ni ther as those terms may be def ined under any state or f ederal '11aWS 'Or regulatiohs or as those 'terms are understood in - common usage , are spec if call prohi belted, The Lessee WjL11 not use or occupy said premises for any unlawful 2 225-080-03 C= 07/94 purpose and wi 11 at Less,eef s sole cost, and expense con,f orm to and obey any present or future ordinances and/or rulesi regulations, 0 requirements and orders of governmental authorities or agencies respecting, the use and, occupation of said premi' ses. 3 * Re Lessee shall pay to Lessor as rent, on or before the 1, first day of each rent payment plerio�d,, the sum of Pne -Dollar plus tax for each one (1) year of the to If this 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 tio Lessee,. Lessee shall pay any and all state, county., city and local taxes that may be due during the term hereof 1, 'including any ,real property taxes, Rent payments shall be made , payable to the Florida Department of Transportati on and shall be sent to the State of Florleda., Right, of' Way Administration, 1000 NeWo 111t ,h Avenue,, Miami, Florida 33172,, The Lessor reserves the right to rev' d lew an adjust, the rental fee biennially and, at renewal, to reflect market conditions. Any installment of rent not received within to (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 rient payments or provide Lessee a grace period, Imprayg-ments. No structures or improvements of any kind 3 WI y FOrM 225-080-03 OQP-0003 07/94 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 Lessees sole cost, and expense, Subject to any landlords lien, any structures or improvements, constructed, by Lessee shall be removed by the Lessee, at Lessee ls 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 61 Is adverti,Zing 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 no'w 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, Maintenancg. Lessee shall keep and maintain the land and any building or other st cturel, now or hereafter erected thereon, in good and safe condition and repair at Lessee-Fs own expense during the existence of this lease, and shall keep the same free 4 Form 225-08,0-03 low-ODW 07/94 and clear of any and all grass,,, weeds, brush, and debris of any kind, so as to prevent the same be indangerous,, inflammable or object,ilionablee Lessor shall have no duty to "inspect or, maintain any of' the land, buildings or other structures, if any, during the terms of this Leas 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; sampl ing of building materials,, soil and 0 groundwater; monitoring well ins tallationse so,U e��x cavati'on, groundwater remediati"Onji, emergency asbestos abatement; operation and maintenance inspections and any other acti o'n which might be reasonable and necessary. Lessor-Fs right of entry shall not obligate inspection of the proper y 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-a In I ft.11 i deMpi r cat,:ion The Lessee is self-insure ld for any general 1.1ablolity claiLms that may arise and -to .the extent provi-ded i10 of , n section 768,28 (5) , Florida Statute. The Lessee shall 4 indemnifyo defend,' save and hold Lies,sor ,its agents and employees,, harmless of and from any losses, fi`n1es,, penalties 5 A. 225--080-03 C=-00M 07/94 costs,, damage, cliall"ms, demands, nulls, 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,, whiether 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 o' ption, to part i cipatie and associate with the Department in the defense and trial of any ci 0 aim and any related settlement negotiat ions, shall be ,triggered by the 11 q 0 ,_41 Department"s not,ice of claim for indemnitication to Lessee, Lessee's inability to evaluate 13"Labiolity or its evaluation of liabiliety shall not excuse Lessee's duty to defend, and 'Indemnify within seven, days after such notice by the De partment s given by registered mai,l Only an adjudication or ]went 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 obl gat ion and its en,f rcement by the Department# Department,'s 6 Form 225-080-01 (= 07/'94 lure to notify Lessee of a claim shall not release Lessee of the above duty to defend Lessee shall delf end the Lessor to the extent Wed in section 768 , 28 (18) Florida, Statute. provi 7 , Insurance. Lessee I's self'-insured and will :over the State of Florida Department of Transportation as stated 'in Paragraph 6 of this agree ment. Lessee wi 11 protect Lessor and Lessee against any and all claims for injury and damage to persons or th P roperty or le loss of life or property occurring in, or on, about the an arising out 'of the act, negliag,ence, omission nonfeasance or malfeasance of Lessee, its employees, agents sub- lessees contractors, customers, licensees and inv i4teles. Should the Lessee sub-let or assign the property in question the sub-lease shal,l be, required to include the Lessor on the Sub-lessee ls certif i cate' of 'insurance which shall be in a minimum amount of One MilIJ_on Dollars ($11[boo,o00,00) for bodily 'injury or death to any one person or any number of persons in any one occurrence not less than One Wo 11 4 on, 'Dollars for roperty damage The Sub-Lessee 1 .1 P shoul d name the State of Florida Department of Transportat ion (FDOT) as an insured party under the pol 141cy.. The Sub-Lessee shall pr ov We FDOT with proof of insurance upon demandby FDOT. 8 Emi,n,ent DoMa,.:in Lessee acknowledges and agrees that Its relationship with Lessor under this Lease is one of Landlord and Tenant and no other relationshipeithier 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 7 Form 225-080-03 CGIC-001M 07/94 eminent doma i*n or other law so as to entitle Lessee to compensat-ion for any interest suffered or lost as a result of termination of th is Lease includ ing but not 1 I'mited to (i) any res,idual interest in the Lease, or'. ( '11 1 ) any other ,f'acts or circumstances arising out of' or in connection with this Lease. 61 Lessee hereby wa ives and re,linqu ishes any legal rights and ft 11 " monetary claims wnicn 'it m` igh,t 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 resulting from its loss of occupancy of the leased property spadedd in this Agreement,, or adjacent properties owned or leased by it, when any or all such properties are taken by ,erainent domain proceedings or sold under the threat thereof. This waiver, and relinquishment applies whether (.101) this Lease is still .in existence on the date of taking or sale; oil has been 'terminated prior theretoO 18 iF Id Fo== 225-080-03 OW- 0003 07/94 90 MI-S—Cellane-ous. a. This Agreement may be terminated by Lessor immediately, without ps ,rior noticie,, upon dief iault by Lessee hereunder, and may be terminated by either party upon t,hirty (10) days prior written notice to the other party,, b S a. In the case of litigation arising out of the enforcement of' any terms, 0 ,,, covenants or provisions, of this Lease,, the prevailing party, shall be entitled to recover its, reasonable I attorneys' fees from the non-pre .i' llng party. C. Lessee acknowledges that Olt has reviewed this Lease,, 19 is f andl iar with its 'terms and - has had adequate opportuni ty to review, this lease with legal counsel of Lessee's choosing,. Lessee has entered Into this Lease freely and voluntarily, Th is Lease conta ins 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 ex, res,ses the agreement between Lessee and Lessor ,P with respect to the subject matter hereof No modif ication waiver or amendment of this, Lease or any of its conditions or 'provisions 9 17 Form 225-080-03 OOC-00C)3 07/94 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 Lesseeo Acceptance by ',Lessor of rental from a third party shall not be considered as an assignment or sublease P e Lessee shall be solely responsible f or all, bills for electr 10c ity ighting,, power,, has, watery telephone and telegraph services, or any other utility or service used on the land. f, This Agreement shall be governed by the liaws of the State of Florida, and any applicable laws of the Un]Lted States of America. go All notices to Lessor shall be sent to the address for rent payments and, al-1 notices to Lessee shall be sent to the property address. , 10 a 2508 — ' CGC—. 0003, 07/94 IN WITNESS WHEREOFr the parties hereto have caused these presents to be executed, .he day and year f'irst above written. APPROVED AS TO FORM,, STD : ` ORID DE TMENIT OF AND LEGALITY T SPORTAT N LE R ' }'� is Gen a C n'sve str w t a e a y . Mich 1 Schloss os Af DATE* ATTEST. SEAL txecutive Ssittetary Margaret Higgins By LESSEE: PffiNROE COUNTY, FLORIDA TITLE , wof. the !jrd XCff ATTEST 4,o7 (S,EAL-) TITLE: Clerk of the Board APPROVED AS TO FOB AND LEGAL SUFFICIENCY By ic��;�t ansy s ce Dates i FD Florida Department of Transportation RON DESANTIS 1000 NW I I I th Avenue JARED W.PERDUE,P.E. GOVERNOR Miami,FL 33172-5800 SECRETARY July 15, 2025 Kevin Wilson, P.E. Via Email Assistant County Administrator 102050 Overseas Hwy., Suite 213 Key Largo, FL 33037 Subject: Renewal of Lease Agreement Lessee : Monroe County Item/Seg. No. 90060 S.R. No. : 5/ Overseas Hwy County : Monroe Parcel No. : 521 Dear Mr.Wilson : Please accept this letter as acknowledgment of the renewal of the Lease Agreement between the Florida Department of Transportation ("FDOT" or the "Department") and Monroe County (the "County") dated May 24, 1995 (the "Lease") over FDOT Parcel 521. Pursuant to Paragraph 1 of the Lease, the County has the right to renew the Lease for one (1) additional five (5) year term, at its option. As per the attached letter dated May 14, 2025, the County has indicated that it wishes to exercise its renewal option upon Lease expiration on May 23, 2025. The renewal term shall begin on May 24, 2025 and expire on May 23, 2030. All other terms and obligations under the Lease remain the same. At your earliest convenience, please provide the Department with a copy of the proposed sublease renewal between Monroe County and Matecumbe Historical Trust Corporation for review and approval. Sincerely, Andre M. Boucle Deputy Right of Way Manager-Operations Renewal of Lease Agreement Parcel 521- Monroe County Page 2 Enc. Lease Agreement dated May 24, 1995 Letter from Monroe County dated May 14, 2025 CC: Emma Halim, Property Management Administrator Heidi Solaun, P.E., Right of Way Manager Nw BOARD OF COUNTY COMMISSIONERS County of Monroe �� Mayor James K. Scholl,District 3 The Florida Ke S Mayor Pro Tem Michelle Lincoln,District 2 Y Craig Cates,District 1 David Rice,District 4 � Holly Merrill Raschein,District 5 May 14, 2025 Andre Boucle Florida Department of Transportation, District 6 1000 NW 111 th Ave. Miami, FL 33172 Dear Andre Boucle: SUBJECT: Request Extension of Lease for property known as FDOT Parcel 521. Monroe County requests that the Department extend the lease for parcel known as FDOT Parcel 521, described in Exhibit A—Legal Description attached. On May 24, 1995, Monroe County and State of Florida Department of Transportation entered into a lease agreement for FDOT Parcel 521 for a thirty (30) year period with the option to renew for an additional five(5)year term. Monroe County and Matecumbe Historical Trust Corporation, a Florida Not-for-Profit corporation, then entered into a sublease for FDOT Parcel 521. Pursuant to this sublease MHTC is to maintain a historical museum, rest station, and parking facilities upon this parcel. This sublease is to be renewed through the end of the lease agreement between FDOT and Monroe County. It is now Monroe County's intent to renew this lease for the additional five (5) year term contemplated in the original lease agreement. Regards, Kevin G. Wilson, P.E. Assistant County Administrator Cc: County Administrator County Attorney EXHIBIT A—LEGAL DESCRIPTION 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 description of a portion of property to be subleased by the Matecumbe Historical Trust Corporation: 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 court a distance of 239.41 feet; thence run North 89 Degrees 51' 49" East for a distance of 144.68 feet 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 prohibited from clearing, altering or engaging in any development activity within the area described as "TRACT A". 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. a JI OOC 0003 - '1"/94 LESSEE Monroe fount COUNTY Is 140rurog perMated 2 SECTION 6 ,j. �h et 2§ af 32 STATE R . 51 3 a ,P NOS HLA PARCEL NO. , 6056 MME IIII M ■ " his AGRE, ". " made -$c s � day pay 1 9 9 5 and between the STATE OF FLORIDA DEPARTMENT TRANSPORTATION,, (hereinafter called the Lessor) , and ROE COUNTY FL . e,io called the Lessee) , W ESQ In, consideration f One Dollar $1.0 C and other good and valuable considerations the Parties agree as follows: 10 rty and -Term, Lessor does here hereb,y lease unto Lessee th e ands described Exhibit "'All attached hereto anal made r ak hereof for a period L rt 3 th the date ....�ears,, beginning wi f this Agreement. This Agreement may be renewed for an additional 5 g r term at Lessee. option,, subject to the rent adjustment as provided Paragraph 3 below. Lessee shall provide Lesson days advance written notice o -it exercise renewal option. Lessee holds, over ,end remains possession of the n after the expiration of the term s,pleclfled in this Lease r an renewals of such term, Lessee's nanny shall be considered tenancy at sufferance, subject to the same terms and „cI ndi ns as 225-080 der 03 OGC—0003 07/94 herein contained 'in this Lease. This Lease b is su iect to all, utilities 'in place and to the maintenance therelof as well as any other covenants, easements,, or restrictions of record. This Lea I se 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* The leased land shall be used solely, for the purposes of a-_ historical muse'uml.,, rest station and # iparkin f ac ilities No sicfns of. anv kind w 11, be_pergaittg-d on the leased 1:1 ght av area. If the land is used for any other purpose,, the Lessor shall have the option of immedi at y ter-m,inat ng this Agreement, Lessee shall not permit any use of the land in any manner that would obstruct or inter ire with any transport at ion facilities, The Lessee will, further use and occupy said premises 'in a careful and proper manner, and not commit any waste thereon 91 Lessee wi, l. not cause, or allow to be caused,, any nui- sance or objectionable activity of any nature on thie premises Any activities in any, way inviolv ing hazardous materials or substances of any kind whatsoever,,, e Ni ther as those terms may be def ined under any state or f ederal '11aWS 'Or regulatiohs or as those 'terms are understood in - common usage , are spec if call prohi belted, The Lessee WjL11 not use or occupy said premises for any unlawful 2 225-080-03 C= 07/94 purpose and wi 11 at Less,eef s sole cost, and expense con,f orm to and obey any present or future ordinances and/or rulesi regulations, 0 requirements and orders of governmental authorities or agencies respecting, the use and, occupation of said premi' ses. 3 * Re Lessee shall pay to Lessor as rent, on or before the 1, first day of each rent payment plerio�d,, the sum of Pne -Dollar plus tax for each one (1) year of the to If this 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 tio Lessee,. Lessee shall pay any and all state, county., city and local taxes that may be due during the term hereof 1, 'including any ,real property taxes, Rent payments shall be made , payable to the Florida Department of Transportati on and shall be sent to the State of Florleda., Right, of' Way Administration, 1000 NeWo 111t ,h Avenue,, Miami, Florida 33172,, The Lessor reserves the right to rev' d lew an adjust, the rental fee biennially and, at renewal, to reflect market conditions. Any installment of rent not received within to (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 rient payments or provide Lessee a grace period, Imprayg-ments. No structures or improvements of any kind 3 WI y FOrM 225-080-03 OQP-0003 07/94 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 Lessees sole cost, and expense, Subject to any landlords lien, any structures or improvements, constructed, by Lessee shall be removed by the Lessee, at Lessee ls 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 61 Is adverti,Zing 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 no'w 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, Maintenancg. Lessee shall keep and maintain the land and any building or other st cturel, now or hereafter erected thereon, in good and safe condition and repair at Lessee-Fs own expense during the existence of this lease, and shall keep the same free 4 Form 225-08,0-03 low-ODW 07/94 and clear of any and all grass,,, weeds, brush, and debris of any kind, so as to prevent the same be indangerous,, inflammable or object,ilionablee Lessor shall have no duty to "inspect or, maintain any of' the land, buildings or other structures, if any, during the terms of this Leas 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; sampl ing of building materials,, soil and 0 groundwater; monitoring well ins tallationse so,U e��x cavati'on, groundwater remediati"Onji, emergency asbestos abatement; operation and maintenance inspections and any other acti o'n which might be reasonable and necessary. Lessor-Fs right of entry shall not obligate inspection of the proper y 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-a In I ft.11 i deMpi r cat,:ion The Lessee is self-insure ld for any general 1.1ablolity claiLms that may arise and -to .the extent provi-ded i10 of , n section 768,28 (5) , Florida Statute. The Lessee shall 4 indemnifyo defend,' save and hold Lies,sor ,its agents and employees,, harmless of and from any losses, fi`n1es,, penalties 5 A. 225--080-03 C=-00M 07/94 costs,, damage, cliall"ms, demands, nulls, 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,, whiether 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 o' ption, to part i cipatie and associate with the Department in the defense and trial of any ci 0 aim and any related settlement negotiat ions, shall be ,triggered by the 11 q 0 ,_41 Department"s not,ice of claim for indemnitication to Lessee, Lessee's inability to evaluate 13"Labiolity or its evaluation of liabiliety shall not excuse Lessee's duty to defend, and 'Indemnify within seven, days after such notice by the De partment s given by registered mai,l Only an adjudication or ]went 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 obl gat ion and its en,f rcement by the Department# Department,'s 6 Form 225-080-01 (= 07/'94 lure to notify Lessee of a claim shall not release Lessee of the above duty to defend Lessee shall delf end the Lessor to the extent Wed in section 768 , 28 (18) Florida, Statute. provi 7 , Insurance. Lessee I's self'-insured and will :over the State of Florida Department of Transportation as stated 'in Paragraph 6 of this agree ment. Lessee wi 11 protect Lessor and Lessee against any and all claims for injury and damage to persons or th P roperty or le loss of life or property occurring in, or on, about the an arising out 'of the act, negliag,ence, omission nonfeasance or malfeasance of Lessee, its employees, agents sub- lessees contractors, customers, licensees and inv i4teles. Should the Lessee sub-let or assign the property in question the sub-lease shal,l be, required to include the Lessor on the Sub-lessee ls certif i cate' of 'insurance which shall be in a minimum amount of One MilIJ_on Dollars ($11[boo,o00,00) for bodily 'injury or death to any one person or any number of persons in any one occurrence not less than One Wo 11 4 on, 'Dollars for roperty damage The Sub-Lessee 1 .1 P shoul d name the State of Florida Department of Transportat ion (FDOT) as an insured party under the pol 141cy.. The Sub-Lessee shall pr ov We FDOT with proof of insurance upon demandby FDOT. 8 Emi,n,ent DoMa,.:in Lessee acknowledges and agrees that Its relationship with Lessor under this Lease is one of Landlord and Tenant and no other relationshipeithier 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 7 Form 225-080-03 CGIC-001M 07/94 eminent doma i*n or other law so as to entitle Lessee to compensat-ion for any interest suffered or lost as a result of termination of th is Lease includ ing but not 1 I'mited to (i) any res,idual interest in the Lease, or'. ( '11 1 ) any other ,f'acts or circumstances arising out of' or in connection with this Lease. 61 Lessee hereby wa ives and re,linqu ishes any legal rights and ft 11 " monetary claims wnicn 'it m` igh,t 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 resulting from its loss of occupancy of the leased property spadedd in this Agreement,, or adjacent properties owned or leased by it, when any or all such properties are taken by ,erainent domain proceedings or sold under the threat thereof. This waiver, and relinquishment applies whether (.101) this Lease is still .in existence on the date of taking or sale; oil has been 'terminated prior theretoO 18 iF Id Fo== 225-080-03 OW- 0003 07/94 90 MI-S—Cellane-ous. a. This Agreement may be terminated by Lessor immediately, without ps ,rior noticie,, upon dief iault by Lessee hereunder, and may be terminated by either party upon t,hirty (10) days prior written notice to the other party,, b S a. In the case of litigation arising out of the enforcement of' any terms, 0 ,,, covenants or provisions, of this Lease,, the prevailing party, shall be entitled to recover its, reasonable I attorneys' fees from the non-pre .i' llng party. C. Lessee acknowledges that Olt has reviewed this Lease,, 19 is f andl iar with its 'terms and - has had adequate opportuni ty to review, this lease with legal counsel of Lessee's choosing,. Lessee has entered Into this Lease freely and voluntarily, Th is Lease conta ins 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 ex, res,ses the agreement between Lessee and Lessor ,P with respect to the subject matter hereof No modif ication waiver or amendment of this, Lease or any of its conditions or 'provisions 9 17 Form 225-080-03 OOC-00C)3 07/94 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 Lesseeo Acceptance by ',Lessor of rental from a third party shall not be considered as an assignment or sublease P e Lessee shall be solely responsible f or all, bills for electr 10c ity ighting,, power,, has, watery telephone and telegraph services, or any other utility or service used on the land. f, This Agreement shall be governed by the liaws of the State of Florida, and any applicable laws of the Un]Lted States of America. go All notices to Lessor shall be sent to the address for rent payments and, al-1 notices to Lessee shall be sent to the property address. , 10 a 2508 — ' CGC—. 0003, 07/94 IN WITNESS WHEREOFr the parties hereto have caused these presents to be executed, .he day and year f'irst above written. APPROVED AS TO FORM,, STD : ` ORID DE TMENIT OF AND LEGALITY T SPORTAT N LE R ' }'� is Gen a C n'sve str w t a e a y . Mich 1 Schloss os Af DATE* ATTEST. SEAL txecutive Ssittetary Margaret Higgins By LESSEE: PffiNROE COUNTY, FLORIDA TITLE , wof. the !jrd XCff ATTEST 4,o7 (S,EAL-) TITLE: Clerk of the Board APPROVED AS TO FOB AND LEGAL SUFFICIENCY By ic��;�t ansy s ce Dates