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Sunset Cove, 1 & 3 East Drive 01/08/1992 Dannp 1.. itolbage 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: Reggie Paros, Division Director/Public Safety From: Rosalie L. Connolly, Deputy Clerk Date: April 13, 1992 On January 8, 1992, the Board of County Commissioners approved and authorized execution of a Lease Agreement with Key Largo Volunteer Fire and Rescue Department, Inc. regarding land in Sunset Cove Subdivision to be used for a fire training facility, etc., WHICH LEASE HAS JUST BEEN RECEIVED BY THIS OFFICE FOR FINAL PROCESSING AND TRANSMITTAL. Attached for your handling and fOllow-through is one dupli- cate original and one copy of the subject Lease, now exe- cuted and sealed by all parties. The duplicate original <raised seal) should be returned to your Lessee and the copy kept in your proper departmental files. Rosalie L. onnolly Deputy Clerk Attachments cc: County Attorney County Administrator w/o document Finance Director File ....'LF'.'. r- ~,t . I ". '_" r-, ,.~' l'\ r', ~ LEASE AGREEMENT '92 ~i~AS, :-}(e~~argo Volunteer Fire and Rescue Department; Inc. (Lessor) and Monroe County (Lessee) entered into a lease dated June 20, 1990 for Sunset Cove Subdivision, Block 13, Lot 9 and 10 and i'iHiWHEREAS, the parties wish to rescind that Lease and enter into a new Lease to include Lots 1-10, Block 13 of Sunset Cove Subdivision. This contract of lease is made and entered into on the ~ day of JAN\J~ , 1992., by and between the KEY LARGO VOLUNTEER FIRE AND RESCUE DEPARTMENT, INC., who is referred to as the lessor and MONROE COUNTY, a political subdivision of the State of Florida, and who is referred to as lessee. The parties agree for mutual promises and consideration to the following: 1. DESCRIPTION AND PURPOSE The lessor leases unto lessee the land located in Monroe County, Florida and more particularly described as: Sunset Cove Subdivision, Block 13, Lot 1, 2, 3, 4, 5, 6, 7, 8, 9, and Lot 10, according to the plat recorded in Plat Book 1 at page 165 of the public records of Monroe County, Florida The purpose of this lease is as follows: i) for lessee to construct a fire training facility; ii) to provide a fire training facility to be used by the Key Largo Volunteer Fire and Rescue Department, and providing that the fire training facility shall be open and available for use by any Monroe County Fire Rescue Department or other emergency services agency of Monroe County as determined and scheduled by the Fire Marshal's Office; iii) to provide a fire station for the exclusive use and occupancy of the Key Largo Volunteer Fire and Rescue Department for fire and rescue services to the public. 2 . TERM Lessor leases the above premises for a term of thirty (30) years, beginning ~~uAlt..y b 1992., and terminating on ..JA-~\J~ 8 , 20~, at the annual rent of two dollars ($2.00). 3. CANCELLATION The Lease can only be terminated if both parties agree in writing. Any decision to terminate Key Largo Volunteer Fire and Rescue Department's occupancy of the fire station shall be considered a breach of this agreement and cause for cancelation of same. 4. TAXES Lessee shall pay and discharge when due, all state and local taxes, assessment, levies, and other charges, if any, that may be imposed or charged on the land or building and improvements now or hereafter built or made thereon during the term hereof or any renewals. 5. REPAIRS AND MAINTENANCE Lessee shall keep the demised premises and improvements in good repair allowing for ordinary wear and tear provided such expenditures for repairs are made according to law and within Lessee's fiscal and budgetary capabilities. 6. UTILITIES Lessee shall install and obtain all utility services required for the demised premises. 7 . IMPROVEMENTS Lessee shall, within J ~ months from the date hereof, begin construction of a fire station and fire training facility in accordance with the plans and specifications agreed upon by the parties, contingent upon funding by the Board of County Commissioners. If the parties cannot agree as to the plans and specifications, the decision with regard thereto shall be made by the Board of County Commissioners which decision shall be final. 8. INSURANCE Lessee shall keep the building insured against loss or damage by reason of fire or loss to the extent of full insurable value thereof. 9. HOLD HARMLESS Lessee agrees fully to indemnify and hold harmless, the lessor from and against all claims and actions arising during the course of this agreement. This hold harmless provision shall be limited to $100,000 for anyone person or $200,000 arising out of the same incident or occurrence. 10. QUIET ENJOYMENT Lessor agrees that, on payment of the rent and performance of the covenants and agreements on the part of lessee, lessee shall peaceably have and enjoy the leased premises and all rights and privileges of the leased premises subject to Key Largo Volunteer Fire and Rescue Department's use and occupancy as set forth above. 11. SURRENDER OF POSSESSION Upon the expiration of this lease, lessee shall retain title to and have right to remove any buildings or improvements located on the leased premises within 180 days of date of expiration. Page No. 2 12. NOTICES Notices to lessor provided shall be sufficient if sent by certified mail, postage prepaid, addressed to: Key Largo Volunteer Fire/Rescue Inc. Attention: President P.O. Box 782 Key Largo, FL 33037 and notice to lessee, if sent by certified mail, postage prepaid, addressed to: Chairman of the Board of County Commissioners P.O. Box 1680 Key West, FL 33040 or to such other respective addresses as the parties may designate to each other in writing from time to time. 13. SUCCESSORS AND ASSIGNS BOUND BY COVENANTS All the agreements in this lease shall extend to and bind the legal representatives, successors and assigns of the respective parties. 14. EFFECTIVE DATE This lease cannot be in full force and effect until approved by the Board of County Commissioners of Monroe County, Florida. 15. ENTIRE AGREEMENT This agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes any and all prior agreements with respect to such subject matter between lessor and the lessee. 16. RENEWAL At the expiration of this lease, lessee shall have the option to renew this lease for two additional (30 year periods) under the same terms and conditions. Lessee shall notify the Lessor in writing that it wishes to exercise the option at least 30 days before the expiration of the lease. 17. RECESSION OF PRIOR LEASE The lease of June 20, 1990, between the Parties is hereby rescinded. 18. CERTIFICATION OF TITLE The lessor warrants that it has title to the premises and agrees to furnish to Monroe County within ten (10) days of execution of this document a certificate of title. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. Page No. 3 (SEAL) Attest: Danny L. Kolhage, Clerk ~Cl~ -f.rl./ (CORPORATE SEAL) Page No. 4 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, \.u.-: tI~.1I "'^" ~ '...,-- ~ ~ ~ Mayor / Chairman , /' KEY LARGO VOLUNTEER FIRE AND RESCUE DEPARTMENT, INC. ~- Au n . ed Representative Approved as J~n~;rm a.n. d legal sut~ by ; Attorney's Office C-4 "-J.'.( V\ ~ v, ,J)'lJ ,t,.'r2) (i., ~arranty 1aeed ,.tSZJ oS 7'1.o() ~.()f) Th... in'humln, WQ5 prtport1;t by. CHARLES P. TITTLE of ... Lb 0"'- 01 TlTTLI &. fITTLI, PoA. 1',0. Dra_ ... TAVI"NlIII, I'lO"'OA aao7O (SWUfo~r fORM - stmoH m.01 f.S.) I~~ ~"'i1 '....a:~ls lnbrtdurr. r--. lr,) D Mode thj~ day 01 May 1988 . 'rtwrrn THERESA hELLE GROSS, individually and as Trustee t:~ 01 fh. County of 0..: LOS ANGELES , 5'0" of CALIFORNIA KEY LARGO VOLUNTEER FIRE, RESCUE DEPT. INC.. P,O.30K 1148, Key Largo, Florida 33037 9'o"to'., ohd w",I,J~e POH Cftl(t' oddfth ii Cl'\ M C)I 'he- COU"1ry 01 c:o \0 .il"'llIrl~, T~o' 'o,d 11'00'0'. 10' ood io (oo,'d"o',on of ,h. .vm of TEN DOLLARS AND no/lOOths ~ -----------------------------($10,00>---________________________. IJ) MONROE StOI. of FLORIDA Dollon, 0"0 ""e' QOOd ond volvoble (on,id"ol,on, '0 ,o;d g'on/or <0 hond poid by ,oid grootl.. ,he 'I,e;p' wh.r.of II he,.by o,.oo_l.dQed. 1,01 \l'onled. bo'go,.oed ond .old '0 .he ,,,id 9'on'". ond II'0n',,', he;" and ou;gn, 10'1"'. 'he fOllowing d'''',bed lond. "'uo'. ly'"O and b.,o'il 10 MONROE (ovn'y. Flo,ido, 'o'wi!, Lots 1,2,4,5,7,8,9, and 10, Block 13, of SUNSET COVE, accot-ding to the Plat thereof, as recorded in Pl!t ~OOK"';'. ~ at Page 165, of the Public Records of Monroe Co~tr:r Fl~~Q~ Subject to restrictions of record, if any; easen!~~'~ P: ~ for public utilities and taxes for the Current ~~ I ~ subsequent years. ..c':.' U1 ;~l.. iI!J -'. The above described property is vacant property~and no~ the Homestead of the Grantor herein who resides' in California. OPO \l,d .g'Clnto, does hc:eby tully worront the title to J,O;d forld. Qnd will defend the P('f\O....j, .....hofn\Oevtr, . '0'0"10," 000 "gronle.' c'. used 10' "oQulor 0' plu'ol, o. COOl." 'equ..... 1In lniln,s8 m",r,nf, GrOOlo, ho. horevOlo Ie' \/'0010'" hand ood 1001 Ihe day cod year fi", obo'l """eo S.~n~d, \eolt'd QI.J delt"'Ned III Qur p'eS(flce. ~~~== v:,.le~ ,f!3~~ (Seoli ~IERESA BELLE GROSS, indivlduafYy .E...1!9_E!.~ Trustee ISeol; ~IATt v' CALIfURNIA COUll" O' LoS A.vc;.t::L!;.... I ~'f.l~y CtRII1y ,ho' on th;. doy belo'e me, 0" ol>,r., du'Y Q"olrl.ed '0 lok. o"nowt.dg",.n". P'rlo"olly oppoo'.a THERESA BELLE GROSS, individually and as Trustee to "'"e ~ 0/.,)....,., 10 bt" thr O~qol"l tt" ",ItCu1td the $orne- WITNESS "'Y nOl'1d and officlOI I~ B B, dt~C1;bed 11'\ Qf'd who e);rc~lted fhl!' lorego;nv inJ.tf1.,1rr.ent ol'ld oCknow1tdO.d b,'or. me t~o' \tol '0 II,. (ounlt OM SI,," 10"plIO' ,a ':. /oC!>~o MAY -- -. ~<<~ - fQ ~ oto,y Pubfic %. ~ 19 / My (orrlmlUtOI'l ..1"."': :rU fJf ~ O,IOC!^L ~e"'L . -' .,:~ .,'~;:~~,;.~,~.;~:~~,~!~Ie "', .~'I' v's 04"<;"'-[1 l"OIJ",n \:!..,) ~i:.:.ir:.m,.:..onftpll"Jl.l~~Q.I'" _'..l...........tO- " '-',;'<...' ...._,., '. r,;-;~;.J....! It )~fl . ;ront..., .f 011 (Sea': (Seoi'i ., '\ ;",;. • J : 4 6 6 7 2.9 MI 0 PAGE 0 5 8 8 PERSONAL REPRESENTATIVE 'S DEED THIS INDENTURE, executed this IS't day of =, 1987 by and between EMMA S. WHITE, as Personal Representative of the Estate of CLIFFORD A. WHITE, deceased, Party of the First Part, and KEY LARGO VOLUNTEER FIRE/RESCUE DEFT, , INC. ,' a Florida non-profit corporation, Party of the Second Fart, whose address is: `JOST 6:),, ax 7'Z, ) -,�'S' / /', 6 ,L , '33 o WITNESSET H: The Party of the First Fart. for and in consideration of the premises anc the sum of TEN ($1 cep. fir ) DOLLARS AND OTHER GOOD AND VALUABLE CONT I DERAT I ON in hand paid, grants, bargains, sells, aliens, remises, releases, conveys ar confirms to the Party of the Second Fart, their heirs and assigns forever, the real property in the County of Monroe, State of Florida, as described as; Lot 3, Block 13, SUNSET COVE, as per plat thereof duly recorded in the Public Records of Monroe County, Florida, in Plat Book 1 , at Page 165. TOGETHER WITH all improvements located thereon. TOGETHER. WITH all and singular the tenements, hereditaments ar appurtances belonging or in anywise appertaining to that real property. SUBJECT to taxes for the year 1987 and subsequent years, restrictions reservations, easements, and exceptions of record. TO HAVE AND TO HOLD the same to the Party of the Second Fart, their heir and assigns, in fee simple forever. • AND the Party of the First Fart does covenant to and, with the Party of tr. Second Fart, their heirs and assigns that in all things preliminary to and i and about the sale and this conveyance the Orders of Court and the Laws c • Florida have been followed and complied with in all respects. IN WITNESS WHEREOF, the Party of the Firstr Part, as Personal Representative of the Estate of CLIFFORD Ao�BITE deceased, has set her' hand on the day and yearfirst above written. ',;-..' n (� •7J 1 1 Dfi paid•_ Dow .�•/� e 7 w l`.S 0N I COLJIITY DATI'�iY• rUI�ygG£. G'LE' C�. C;T. j/ EMMA S. WHIlE, as Personal Rept"esenta of the Eptate of CLIFFORD A. WHIfE, de BY. ,ft,~" cJ -r-- "..., "\ III " It/-I,c-~tz STAlE DF t1ASSACHUSEll S COUNTY OF Befot's.> me the Llndet'sisned authot'i ty, per"sonally appeat'ed who is to me well known and known to me to be the indiVidual ft.1t'egoing F'et'sollal Repr'esentative's Deed, and he acknOI'l/ledged executed the same for the purposes therein eupressed. IlJITNESS my hand and off1ci.:\I seal in the City of t<~~_ of tile afot'esaid Count)/ and State, this J~I- day of ~Pt"'il, 1987. ~ Et1t1{~ S. litH WilD e::ecut befOt'E? me N'Jl;~Lrc ,'--f'/2t-*s~se t ts 11y com~;s::\~" E"p;,-es: 1'-7,;17, /'190 " .,{'~f..:. ~ L.: ), If _, . :/,~.<:'~~.,'( ,:.~ :' " ' . .,' . 'r' ;< f ~' i .::. ,~ "~~ . .f.) ,:r~' , I.., 11 ~' ~ .":" ..'.' ~:.:~:: ">>., ..... . '-, ~ '\':':' .f ,',1 '..... I t\\'.\ ~. -~"".,?" lHlS INSTRUMENT PREPARED BY: Kat'en A. Rooks, Bt'anch l'lc,-na.get' GREAT AMERICAN TITLE & MORTGAGE 103150 Overseas Hi8hway Key Larao, Florida 33037 (3!lI5) 451-448,3 COMPANY P.-:.,<I.. In Ot'1",l ~.,~ _. In M~,..", ,. '. ,_ ,.. "'^ . Reooord '.' "", "~.. " , DA11' fr L J:.r 1T :. ", . ' Clet:!: ch~7 'Co'~t '.