Resolution 189-1987
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Florida Keys Youth Club, Inc.
RESOLUTION NO. 189-1987
A RESOLUTION AUTHORIZING THE MAYOR OF MONROE
COUNTY, FLORIDA, TO EXECUTE A LEASE BY AND
BETWEEN MONROE COUNTY, FLORIDA, AND FLORIDA
KEYS YOUTH CLUB, INC. CONCERNING PREMISES
KNOWN AS THE LOUIS CARBONELL TEEN CENTER.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
The Mayor of Monroe County, Florida is hereby authorized to
execute a Lease by and between Monroe County, Florida, and
Florida Keys Youth Club, Inc., a copy of same being attached
hereto, concerning premises known as the Louis Carbonell Teen
Center.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 5th day of May, A.D., 1987.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
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LEASE
THIS LEASE, made and entered into on the 5th day of May,
1987, by and between MONROE COUNTY, FLORIDA, a political
subdivision of the State of Florida, hereinafter "lessor" and
FLORIDA KEYS YOUTH CLUB, INC., a non-profit corporation organized
under the laws of the State of Florida, having its principal
office at 500 Fleming Street, City of Key West, County of Monroe,
State of Florida, hereinafter "lessee."
WIT N E SSE T H:
WHEREAS, Lessor is the sole owner of the premises described;
and
WHEREAS, Lessor desires to lease said premises for use as a
youth center in order to provide the County's young people with
an enj oyab 1e alcohol and drug free environment, and, thereby,
help to alleviate Monroe County's rising juvenile delinquency
rate; and
WHEREAS, Lessee is able to and desires to conduct such a
youth center at the premises; and
WHEREAS, Lessor finds that a lease to lessee for the use of
the premises as a youth center is a proper public purpose.
In consideration of the mutual covenants contained herein,
the parties agree as follows:
SECTION I - SUBJECT AND PURPOSE
Lessor leases the building and land located in the City of
Key West, County of Monroe, State of Florida, and more
particularly described as follows:
A parcel of land on the Island of Key West, Monroe
County, Florida, described as follows:
Commencing at the point of intersection of the curb
line of South Roosevelt Boulevard with a line drawn at
right angles to said curb line through the original
monument marking the Southwest corner of the former
Government Military Reservation known as East Upper
Martello Tower, which said monument lies 2.0 feet
Westerly of a later monument consisting of a one-
fourth inch brass pin set in concrete, run South 830
42' 00" East along aforesaid curb line for a distance
of 30.19 feet to a point; thence at a right angle to
said curb line, run North 60 18' 00" East for a
distance of 50.00 feet to the point of beginning of a
parcel of land hereinafter described; thence continue
North 60 18' 00" East for a distance of 200.0 feet to a
point; thence at right angles, run North 830 42' 00"
West for a distance of 300.0 feet to a point; thence at
right angles run South 60 18' 00" West for a distance
of 200.0 feet to a point; thence at right angles and
parallel to and 50 feet distant from the curb line of
South Roosevelt Boulevard, run South 830 42' 00" East
for a distance of 300.0 feet back to the point of
beginning.
to lessee for the lessee's use as follows:
a. To hold weekly dances on Friday nights for junior high
school students (6th through 8th grade).
Such dances shall
commence within 4 months of the date and year' written above.
b. To hold weekly dances on Saturday nights for high school
students (9th through 12th grade).
Such dances shall commence
within 4 months of the date and year written above.
c. To consult with and utilize all other non-profit
community organizations who desire to provide activities and
programs of interest to persons under the age of 18.
d. To provide, within 18 months /years of the date and
year first written above, a youth center open seven days a week
with activities and dances provided for young people on a daily
and weekly time frame and to provide entertainment for children
when school is not in session.
e. To provide within ~ months/years of the date and year
first written above, activities for grade levels:
1. Elementary, three through five;
2. Junior high school, six through
eight; and
3. High school, nine through twelve.
f. To provide and promote programs for all the children and
young people living in Monroe County wherever located.
SECTION II - TERM AND RENT
Lessor demises the above premises for a term of ten (10)
years commencing on
May 5th,
1987, and terminating on
May 4th,
payable on
1997, at the annual rent of One dollar ($1.00),
May 5th
All rental payments shall be made at
the Office of the County Administrator located at the Public
Service Building, Stock Island, Key West, Florida.
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SECTION III
a. No substantial portion of the building or demised
premises shall be demolished or removed by lessee without the
prior written consent of the lessor. However, the lessee may, at
any time during the lease, subject to the conditions set forth
he low, and at his own expense, make alterations, additions, or
improvements in the demised premises or building. Alterations,
additions or improvements shall be performed in a workmanlike
manner and shall not weaken or impair the structural strength or
lessen the value of the building on the premises or change the
purposes for which the building, or any part thereof, may be
used.
b. Conditions with respect to alterations, additions and
improvements are as follows:
1. The following alterations, additions or improvements
only are allowed:
a. The installation of a new kitchen and any other
necessary food and beverage service equipment;
b. The installation of ceiling fans:
c. The installation of new windows throughout the
building;
d. The installation of air conditioning with
either central air or wall or window located units;
e. The installation of a bubble awning at the
front of the building;
f. The construction of basketball, volleyball and
outdoor skating facilities;
g. The construction of outdoor patios;
h. The installation of new, or improvement of
existing, indoor and outdoor lighting; and
i. The provision of new interior furnishings.
2. Before commencement of any work, all plans and
specifications shall be filed with, approved by, and a building
permit issued by any governmental agency having jurisdiction over
the construction.
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3. All alterations, additions and improvements on or in the
demised premises at the commencement of the term, and those that
may be erected or installed during the term, shall become part of
the demised premises and the sole property of the lessor, except
that all moveable fixtures installed by the lessee shall be and
remain the property of the lessee.
SECTION IV - REPAIRS
Lessee shall, at all times during the lease and at its own
cost and expense, repair, replace, and maintain in good, safe and
substantial condition, all buildings and any improvements,
additions, and alterations thereto, on the demised premises, and
shall use all reasonable precaution to prevent waste, damage, or
injury to the demised premises.
SECTION V - UTILITIES
All applications and connections for necessary utility
services on the demised premises shall be made in the name of
lessee only, and lessee shall be solely liable for utility
charges as they become due, including those for sewer, water,
gas, electricity, telephone services, and cable television.
SECTION VI - INSURANCE
During the term of the lease and for any further time that
lessee shall hold the demised premises, the lessee shall obtain
and maintain at its expense general liability insurance in the
amount of $500,000, in a form satisfactory to the County
Administrator, and shall name the lessor as an additional
co-insured.
SECTION VII - RESTRICTIONS ON ASSIGNMENT OR SUBLETTING
Lessee shall not assign this lease or any interest herein,
or sublet the demised premises or any part thereof or any right
appurtenant thereto, without first obtaining the lessor's prior
written consent thereto. Lessor's consent to one assignment or
sublease shall not constitute an acceptance to any subsequent
assignment or sublease. Any unauthorized assignment or sublease
shall be void, and shall terminate this lease at the lessor's
option. Nothing contained in this section, however, shall be
construed to prevent the occasional use of the demised premises
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for rental by groups or organizations, other than the lessee, for
charitable, social, or civic purposes.
SECTION VIII - DEFAULT OR BREACH
Each of the following events shall constitute a default or
breach of this lease by lessee:
a. If lessee shall fail to perform or comply with any of
the conditions of this lease and if the non-performance shall
continue for a period of
30
days after written notice thereof
by lessor to lessee, or if the performance cannot reasonally be
had within said time period, lessee shall not have commenced
performance in good faith within that same time period and shall
not have diligently proceeded toward completion of performance.
b. If the lessee shall vacate or abandon the demised
premises.
c. If this lease shall be transferred to or shall pass to
or devolve on any other person or party, except in the manner
provided for herein.
SECTION IX - EXISTING EASEMENTS,
AGREEMENTS, ENCUMBRANCES AND LEASES
The parties shall be bound by all existing easements,
agreements and encumbrances of record plus a nonrecorded existing
sublease entered into by a prior lessee and the State of Florida,
dated
February 18th,
1969, for that portion of the demised
premises subleased to and occupied by the Florida Highway Patrol
Station. Lessor shall not be liable to lessee for any damages
resulting from any action taken by a holder of an interest
pursuant to the rights of that holder thereunder.
SECTION X - SURRENDER OF POSSESSION
Lessee shall, on the last day of the term, or earlier on
termination or forfeiture of the lease, peaceably and quietly
surrender and deliver the demised premises to lessor, including
the building,
any alterations, additions and improvements
constructed or placed thereon by lessee, except moveable fixtures
installed by the lessee, all in good condition and repair. Any
moveable fixtures installed by lessee, or personal property,
whether or not used in connection with the operation of the
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demised premises, but belonging to lessee, if not removed at the
termination or default, and if the lessor shall so elect, shall
be deemed abandoned and become the property of the lessor without
any payment or offset therefor.
Lessor may also remove such
fixtures or property from the demised premises and store them at
the risk and expense of the lessee if the lessor shall so elect.
Lessee shall repair and restore all damage to the demised
premises caused by the removal of fixtures and personal property.
IN WITNESS WHEREOF, the parties have executed this lease in
Key West, Monroe County, Florida, the date and year first written
above.
MONROE COUNTY, FLORIDA
BY:
Mayor/Chairman of the Board
of County Commissioners of
Monroe County, Florida
(SEAL)
Attest:
Clerk
FLORIDA KEYS YOUTH CLUB, INC.
BY:
President
(CORPORATE SEAL)
Attest:
Secretary
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