Resolution 045-1986
City Clerk
RESOLUTION NO. 045 -1986
A RESOLUTION AMENDING RESOLUTION NO. 348-1985
OF MONROE COUNTY, FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That the Lease Agreement entered into and approved by
the Mayor and Chairman of the Board, as evidenced by Resolution
No. 348-1985, being that certain 99-Year Lease Agreement by and
between the County and the City of Key West relating to the
Animal Shelter, shall be amended.
2. That said amendment shall be as follows; that as part
of the 99-Year Lease Agreement, Section 1 of the said Lease
heretofore adopted shall be amended to provide the following
phrase of the description in paragraph 1 to follow the phrase
"Point of Beginning", to-wit:
"that excepting from any land described
herein, the building or trailer currently
occupied by Billie Cheek, which property
shall not be included in this lease agree-
ment."
3. That in all respects the Lease Agreement referred to
herein as approved by Resolution No. 348-1985 shall remain in
full force and effect as written.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 1:tJ- day of kbr-U~'J_' A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. A ~)
By ~~=;;-~~:a~
(Seal)
Attest :DANNY L. KOLHAGE, Cle,;.'!:
~.L~~ i)/
er I /
APPROVED AS TO F~O
ANPHGA.. L SUFFICJEf< Y. -: it!
BY ~~Gv~
Attorney's Office \
.,
~,~
County Commission
RESOLUTION NO. 348 -1985
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR AND CHAIRMAN OF THE BOARD TO
EXECUTE A 99-YEAR LEASE AGREEMENT BY AND
BETWEEN THE CITY OF KEY WEST, FLORIDA, AND
COUNTY OF MONROE, PROVIDING FOR THE OPERATION
OF AN ANIMAL CONTROL FACILITY.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor and Chairman of the Board
is hereby authorized to execute a 99-Year Lease Agreement by and
between the City of Key West, Florida, and County of Monroe, a
copy of the same being attached hereto, providing for the opera-
tion of an Animal Control Facility.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 20th day of December, A.D. 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY.~~;chj~
(SEAL)
Attest: DANNY L. KOLiLJ\GE, Clerk
-/ro1d*t'lilt< wi 1/ e:~
'ED AS TO FORM
LSIJFFICIENCY. . 4. '
Attorney's Office !
BY
m:SOLUTION tU. 85-224
A RESOLUTION AIJIHORIZING 'mE EXECUTIorJ OF' A
99-YEAR LEASE AGREEMENT BE~EN 'mE CITY OF KEY
WEST, FIDRIDA AND 'mE OOUNTY OF MJNROE; PROVIDING
AN - EFFEcrIVE DATE.
BE IT REOOLVED by the City Catmission of the City of Key Hest,
Florida.
Section 1. That the attached 99-Year Lease Agreenent between the
City of Key West, Florida and the County of Monroe be and the sama is
hereby approved, provided that the leased property shall not include
land under the
the^building or trailer currently occupied by Billie Cheek. The Mayor
of the City of Key West be and he is hereby authorized, empowered, and
directed to execute the said 99-Year Lease Agreenent on behalf of the
City of Key West, and the City Clerk of said City be and she is hereby
authorized, empowered, and directed to attest the signatures of the
said Mayor an the said 99-Year Lease Agreenent and affix the Seal of
the City thereto. The execution of said 99-Year Lease Agreenent is
hereby directed to be made in as many co~nterparts as may be desired
or necessary.
Section 2. This Resolution shall go into effect imnediately upon
its passage and adoption and authentication by the signatures of the
presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting, held this
1 ?~h
day of November
, 1985.
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STATE OF FLORIDA)
COUNTY OF MONROE) s s .
CITY OF KEY WEST)
I, Josephine Parker, Clerk of the City of Key West,
Florida, do hereby certify the foregoing and attached to be a
true and correct copy of Resolution No. 85-224, passed and
adopted by the City Commission of the City of Key West, Florid~,
on the 12th day of
November
, lC)Rc; .
WITNESS my hand and the official Seal of the City of
Key West, Florida, this 7th day of Janlli'lry
,
1986
City Clerk
99- YEAR LEASE AGREEMENT
nIIS INDENTURE made and entered into as of the ,;J 0-1::.4 day of
Ve--c.e-m)e I
, A.D. 1985 between the City of Key West, Florida,
a municipal corporation organized and existing under t.he laws of t..ne
State of FLorida, party of the first part, hereinafter designated as
the Lessor, and County of ~nroe, a political subdivision fo the state
of FLorida, party of the second part, hereinafter designed as the
Lessee ,
WIT N E SSE T Hz
1. The first party hereto in consideration of the rents
,
hereinafter reserved un:ier t.ne covenants and agreenents hereinafter
expressed in the party of th4=! second part, to be kept, perforned and
fulfilled, has demised and leased un:ier the Lease all of the following
described property situated in lying in being in r-t:>nroe County, State
of Florida, to wit: A parcel of land on Stock Island, ~nroe County,
Florida, and described by netes and boums as follows:
F~ the intersection of the centerline of the south land of
U.S. Highway No. 1 and the easterly abutment of the CcM Key
Channel BridJe go North 71 Degrees 19 Minutes East a
distance of 300 feet to a point of intersection with the
app~imate centerline of Country Club Road; thence along
said approximate centerline North 19 degrees 51 Minutes West
a distance of 330 feet to Point *1; thence North 39 Degrees
18 Minutes west a distance of 300 feet to Point *2; thence
North 30 DegreeS 29 Minutes west a distance of 265 feet to
Point *3; thence North 03 Degrees 13 Minutes ~Jest a distance
of 152 feat of Point *4; thence North 20 Degrees 08 Minutes
East a distance of 600 feet to Point #5; thence South 69
Degrees 52 Minutes East, 28.8 feet to the Point of Beginning
of the parcel of land herein described; thence continue
South 69 Degrees 52 Minutes East, along a cyclone fence,
145 .7 feat to a point; thence South 30 Degrees 08 Minutes
~~t, along a cyclone fence, 19.1 feet to a point; thence
North 83 Degrees 08 Minutes west, along a cyclone fence,
36 .7 feet to a point; thence South 20 Degrees 08 Minutes
\Jest, along a cyclone fence, 120.1 feet to a point; thence
North 69 Degrees 52 Minutes west, along a cyclone fence,
119.4 feet to a point; t..nence Northeaster ly, along a cyclone
fence, 149.2 feet back to the Point of Beginning, but
excepting from any land described herein the building or
trailer currently occupied by Billie Cheek, which property
shall not be included in this lease agreenent.
(1)
. -
To have and to hold the above-described property under the Lease
for and during the term of 99 years comnencing on the 12 th day of
November , A.D. 1985 and anding on the 11th day of
November , A.D. 2084.
2. The Lessee in consideration of the entering into the Lease of
the property aforesaid does hereby covenant and ~ree. with the Lessor
to pay rent as follows:
The Lessee covenants and agrees to pay the Lessor rent for said
demised premises during the demised term of 99 years. The yearly
rental of $10.00 (ten dollars), which is due on the , ?r'h day of
NovAmhAr , of every year of the said demised term.
3. The County will continue to operate the Animal Control
Facility.
4. The County agrees to maintain the animal control program and
enforce the animal control ordinances of the parties herein.
5. In so far as the provisions thereof are not inconsistent with
this inter local agreenent, the City of Key West and fot>nroe County do
ratify and affirm and agree to continue the provisions of the Joint
participation Agreenent between them~ entered into on May 16, 1978.
As further consideration for the leasing and demising aforesaid, the
Lessee further covenants, promises, and ~rees to develop and maintain
the premises as an animal control shelter and shall rebuild, repair,
and reconstruct the animal control facilities located on Junior
College Road, Stock Island, Florida.
6. It is hereby covenanted, stipulated, and ~reed by, for, and
between the parties hereto that there shall be no nechanics liens upon
any i.n1;>rovements which may anyti.ne be put upon or be upon the demised
property 1 that in case of nechanics liens, the Lessee Im.lst payoff the
sane, and that if default and paynent thereof should continue for 30
days after written notice, the Lessor shall have the right and
privilege at its option to payoff the same or any portion of the
sane, and\ the annunts paid, excluding expenses, shall at the Lessor IS
(2)
option be trliitional rent due from the said Lessee at the next rent
due after such paynent.
7. Lessee hereby further covenants and agrees to use said
premises for the sole purpose of an animal shelter and related and
asSC\)C iated uses.
i 1
8. it is expressly covenanted between the parties that the
Lessee will keep and save the Lessor forever hannless' from any penalty
and damage or chcmJes ~ for any violation of any laws where
occasioned by the neglect of Lessee ~ and that such Lessee will
indennify and save am keep hannless the Lessor against from any
costs, lost, damages or expense arising out of any accidents or other
occurence causing injury to any person or property whansoever,
whatsoever, and to directly or indirectly to the the use of premises
or any part thereof, by the Lessee. The Lessee shall secure at its
own exprense from an approved insurance canpany the following
described insurance coverage which will protect the legal liability to
the Lessor am Lessee, to pay for the coverage which will protect the
Lessor and the Lessee from any claims of personal injury or . damage
which might arise out of or in connection with the conduct of the
.;---
Animal Shelter or any act or acts of....-z:e-SSee I s crJents and invi tees or
~loyees. ~iniI'llJI[\ limits of such policy shall be $50,000 for one
':'..:-,~
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person or -$100 ,OOO--,..~or llDre than one person arising out of one
accident am property damage maxi.nl.lln of $5,000.00.
9. It is fully umerstood and agreed by and between the parties
hereto that it is the condition of this Lease that any int>rovenents
upon said premises, at the termination of the demised term providing
that this Lease is mt sooner terrminated, shall becooe the exclusive
property of the City of Key West, Florida, without any inst:rtlltBnt or
conveyance from said Lessee to Lessor.
IN WI'lNESS \tiEREX)F, the Lessor is called these presents to be
executed in the nane by its Mayor and CCJrlIOOn seal affixed and attested
by the City Clerk, and the Lessee caused these presents in the nane of
by the Chairman of the Board of County Ccmnissioners and attested by
(3)
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