Resolution 115-1986
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Mayor Pro Tern Alison Fahrer
RESOLUTION NO. 115 -1986
A RESOLUTION AUTHORIZING THE MAYOR AND
CHAIRMAN OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE
A LEASE AGREEMENT BY AND BETWEEN MONROE
COUNTY AND FLORIDA KEYS CHILDREN'S SHELTER,
INC. CONCERNING A CHILD ABUSE SHELTER AT
PLANTATION KEY, MONROE COUNTY, FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
execute a Lease Agreement by and between Monroe County and
Florida Keys Children's Shelter, a copy of same being attached
hereto, concerning a child abuse shelter at Plantation Key,
Monroe County, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 4th day of April, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. .. ill_
By ~ ~y:r;;::::n"-~
( Seal)
Attest :DANNY L. KOLHAGE, Clerk
~aL'~1' J}L
LEASE AGREEMENT
This lease made by and between MONROE COUNTY (hereinafter
known as Party of the First Part), and FLORIDA KEYS CHILDREN'S
SHELTER, INC., a Florida non-profit corporation (hereinafter'
known as Party of the Second Part), and
WHEREAS, the Parties have agreed after proper notice and
hearing to enter into a lease wherein the Party of the Second
. Part shall utilize a portion of the. lands located at the Govern-
ment Center at Plantation Key, Florida for a Child-Abuse Shelter,
and
WHEREAS, the Party of the First.-Part, after due notice to
the public, has agreed to a proposal made by the Party of the.
Second Part and does' hereby desire to contract through this lease
for the use of the property and therefore approve such contract,
now
THEREFORE, it is agreed by the Parties as follows:
1. Tha.-t a certain piece of property located in Plantation
Key immediately to the rear of the Plantation Government Center
aDd more accurately described as
A PARCEL OF LAND IN SEC 8 TWP. 63S, RGE. 38E,
PLANTATION KEY, MONROE COUNTY, ,FLORIDA AND
MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
From the reference monument at the
intersection of the right of way line of the
southbound land of SR-5 (US1) and the NE
corner of Lot 12, Randal Adams Subdivision as
shown on Plat Book 1, Page 110, go N
88013'00" W a distance of 882.12' to a point,
Thence along a course S 1047'00" W a distance
of 138.06' to THE POINT OF BEGINNING of said
p.arce 1 ;
Thence along a course N 88013'00" W a
distance of 131.09';
Thence along a course S 02002'00" W a
distance of 63.0';
Thence along a course S 00003'52" E a
distance of 291.06';
Thence N 02002'00" E a distance of 150.0';
Thence along a course N 89056'08" W a
distance of 160.0' back to THE POINT OF
BEGINNING.
is hereby leased to the Party of the Second Part for a Child
, Abuse Center for a period of fifteen (15) years from the date of
this Agreement.
2. That the consideration for this lease shall be for the
annual rental of One. ($1.00) Dollar, paid in advance.
3. It is also agreed to by these Parties that should the
'Party of the Second Part become. insolvent or commence any action
in the nature of a bankruptcy proceedings that this lease shall
become null and void.
4. It is also agreed that this property is being leased for
~he specific purpose of operating a Children's Abuse Center and
. it is understood that no use other than that can be conducted on
said leased property. In the event this property is not used and
oeprated as a children's abuse shelter, the property and the
~
, improvements thereon'will revert at that time to the County. ~~'
5. The Party of the Second Part dues hereby agree that as a
condition precedent to the execution and approval of this lease,
due proof will be made and exhibited to the Party of the First
Part of the incorporation of the aforesaid Party of the Second
Part, together with proof that the aforesaid corporation is
'non-profit under the State Laws and that the same has an Exempt
Tax Number with the Internal Revenue Service as concerns Federal.
taxation.
. .
6.
The Party of the Second Part does hereby agree that
within three (3) years from the execution of this Lease Agreement
improvement shall be placed on the aforesaid leased property
Mhich shall cost no less than Two Hundred Thousand ($200,000.00)
Dollars and shall be represented by labor, materials or cash.
Second Party agrees to furnish invoices, bills, checks and other
,proof of such construction.
7. The Party of the Second Part does hereby.agree to hold
the Party of the First Part harmless from any .liabilities what-
soever, to include any claims or causes of action which shall
arise from the use of said property and will carry liability
insurance of not less than Five Hundred Thousand ($500,000.00)
Dollars wherein the County shall be co-insured. That in addition
to the hold harmless agreement and the carrying of insurance as
set forth herein, the Party of the Second Part also agrees to
. defend and pay for the cost of the defense of any claim or causes
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of action whatsoever that arise as a result of the use of the
.property by the Party of the Second Part.
8. It is agreed by these Parties that in the conduct of the
. business on this property, including the construction as afore-
said in Paragraph 6., the Party of the Second Part does agree
that no liens will be permitted to be filed against said property
and that, if any liens are inadvert~ntly caused by the use of the
property by the Party of the Second Part and filed the same will
be bonded immediately after notice.. Any failure to refrain from
preventing liens being fil~d against this property or inadver-
tently 'so without being bonded, shall be cause for cancellation
, of said lease. It shall be the responsibility of the Party of
the Second Part to pay for and defray any and all expenses anq
costs arising from the construction of any improvements on said
land, the maintenance and repair of the same and the Party of the
Second Part shall be liable for any expenses of any sort what-
soever concerning the operation of the Child Abuse Center on said
, property.
9. Notice to the Lessor shall be to Kermit Lewin, County
A~ministrator, Public Service Building, Stock Island, Florida
33040..
Notice to the Lessee shall be to Dominic F. Cianciolo,
Resident Agent, 16683 Overseas Highway, Key Largo, Florida 33037.
10. Any and all indemnity and liability insurance shall be
carried in the name of the Party of the Second Part and the Party
of the First Part as co-insured and it shall be the respon-
,sibility of the Party of the Second Part to present to the proper
officers of the Party of the First Part copies of all insurance
reflecting the same to be in full force and e~fect.
11. It is specifically understood by the lease parties
hereto that this lease is not assignable except by the written
consent of the Board of County Commissioners of the Party of the
First Part.
12. This Lease Agreement shall set forth all of the under-
standings and agreements entered into between these Parties.
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IN WITNESS WHEREOF, the parties have caused these presents
.to be executed by their respective officer and representative
thereunto duly authorized, this
day of
, 1986.
(Seal)
MONROE COUNTY, FLORIDA
Attest:
Clerk
By _ .
Mayor/Chairman of the Board
of County Commissioners
(Corporate Seal)
FLORIDA KEYS CHILDREN'S
SHELTER, INC.
BY~~
' Presi ent
~~rr::3ft~
Secretary .
APPROVED AS TO FORM
AND ~~L surFICIENCY. /J
BY . a 1-:;:;l'AlttJ_
Attornel"~ (':"'''' f h'
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GOVERNMENT CENTER
2 STORY C.B.S.
(SEE 8LOW!,Jp FOR
INTERIOR LAYOUT'
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