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Resolution 254-1988 Monroe County Commission RESOLUTION NO. 254 -1988 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- S lONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A LEASE BY AND BETWEEN THE COUNTY OF MONROE AND THE SOUTH FLORIDA COUNCIL, BOY SCOUTS OF AMERICA, INC. CONCERNING PREMISES ON WEST SPANISH HARBOR KEY. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute a Lease by and between the County of Monroe and the South Florida Council/Boy Scouts of America, Inc., a copy of same being attached hereto, concerning premises on West Spanish Harbor Key. 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 July, A.D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA /7~ ~ ByV.?<' ~/~b/ Ma airman (Seal) Attest :DANNY 1... KOLBAGE, Glerk ~J,R~; <f)~ 11:?:J~f A~rI POtfM A'T~L:A/' Sy . Att,?mev's Gffire LEA S E THIS LEASE, made and entered into this day of , A.D. 1988, by and between the COUNTY OF MONROE, a political subdivision of the State of Florida, herein- after called the LESSOR, which term shall include its legal representatives, successors and assigns wherever the context so requires or admits, Party of the First Part, and SOUTH FLORIDA COUNCIL, BOY SCOUTS OF AMERICA, INC., NO. 84, a non-profit corporation organized and existing under the laws of the State of Florida, hereinafter called the LESSEE, which term shall include its legal representatives, successors and assigns wherever the context so requires or admits, Party of the Second Part; WIT N E SSE T H: That the LESSOR by these presents leases unto said LESSEE the following described premises, situate, lying and being in the County of Monroe, State of Florida, to-wit: A tract of land northerly of U.S. Highway No. 1 on West Spanish Harbor Key, and being more particularly de- scribed by metes and bounds as follows: Commencing at the intersection of the northerly right-of-way line of U.S. Highway No.1 and the easterly property line of Camp Sawyer (existing Boy Scouts of America property), extended northerly, said intersection also to be known as the Point of Beginning of the tract of land herein- after described, bear westerly along the northerly right-of-way line of U.S. Highway No. 1 for a distance of 650 feet, more or less, to a point; thence at right angles and in a northly direction for a distance of 50 feet, more or less, to a point on the shoreline; thence meander the shoreline in an easterly direction for a distance of 1700 feet, more or less, to a point which is bearing North 180 30' West from a point on the northerly right-of-way line of U.S. Highway No.1, measured 1000 feet, more or less, easterly along said northerly right-of-way line from the Point of Beginning; thence bear South 180 30' East on a line which is also radial to the curve of U.S. Highway No. 1 for a distance of 500 feet, more or less, to a point on the northerly right-of-way line of U.S. Highway No.1; thence bear westerly along ,the northerly right-of-way line of U.S. Highway No. 1 for a distance of 1000 feet, more or less, back to the Point of Beginning. Less the following described property: A parcel of land in a part of Government Lot 2, Section 32, Township 66 South, Range 30 East on Spanish Harbor Key, Monroe County, Florida and being more particularly described by metes and bounds as follows: Commence at the intersection of the Easterly abutment of Spanish Harbor Viaduct and the Northerly right-of-way boundary line of U. S. Highway No. 1 and run thence along the 1 said right-of-way line of U. S. Highway No. 1 in a Northeasterly direction a distance of 2512.7 feet to a point; thence along the curved right-of-way boundary line of U.S. Highway No. 1 a distance of 1000.00 feet, more or less to a point; thence along a line radial to the said curve of U.S. Highway No. 1 North 18030' West a distance of 50.00 feet to the Point of Beginning of the parcel of land herein being described; thence at right angles South 71030' West for a distance of 250.00 feet to a point; thence at right angles North 18030' West for a distance of 250.00 feet to a point; thence at right angles North 71030' East for a distance of 250.00 feet to a point; thence at right angles South 18030' East for a distance of 250.00 feet back to the Point of Beginning. TO HAVE AND TO HOLD the premises as aforesaid unto the said LESSEE from the day of July, A.D. 1988, for a term of five (5) years then next ensuing, said Lease being under the following terms and conditions: 1. The LESSEE shall pay unto the LESSOR the total rental of Five ($5.00) Dollars for said term of five (5) years, said sum to be payable as follows: $1.00 payable upon the execution and delivery of this Lease, which sum shall cover the rental for the first year of this Lease, and $1.00 on the 1st day of July each and every year during the remainder of the term of this Lease. 2. It is further understood and agreed by and between the LESSOR and the LESSEE that the LESSEE will: a. Use said premises for Boy Scout purposes only, and not make any commercial use of said premises. b. Pay the rent herein reserved at the times and in the manner stated herein. c. Make no improper, unlawful or offensive use of said premises. d. Pay any and all charges for ordinary maintenance and care of the premises, and keep any buildings placed on said premises in good repair. e. Permit the LESSOR or its agent to enter upon~the leased premises at all reasonable times for the purpose of viewing and inspecting the condition thereof. f. During the term of this Lease, take out the necessary liability insurance to save and keep the LESSOR 2 harmless against any and all liability resulting from injuries to persons or property on or about the leased premises by reason of LESSEE's occupancy or use thereof. Such issuance shall be in an amount to be prescribed by LESSOR. g. Not sublet this Lease, nor encumber the leased premises in any manner whatsoever, without the prior consent of the LESSOR. h. At the expiration of the term of this Lease, without demand, quietly and peaceably deliver up full possession of said premises in as good a condition as they now are, damage or destruction by fire and the elements only excepted. 3. The LESSOR hereby covenants with the LESSEE, that upon the performance by the LESSEE of the covenants and agreements hereinbefore set forth, the LESSOR will permit the LESSEE to quietly hold and enjoy the demised premises without any inter- ruptions by the LESSOR, or by any person or persons claiming by, through or under it. 4. It is mutually understood, covenanted and agreed by and between the parties hereto that default on the part of the LESSEE for a period of 30 days in making any of the payments of rent herein reserved from the date of same, shall immediately termi- nate any and all of the rights of the LESSEE under this Lease. 5. It is further mutually understood, covenanted and agreed by and between the parties hereto that the LESSEE shall have the right to place buildings on the leased premises, to be used for Boy Scout purposes, and any such buildings placed on said premises shall, at the termination of this Lease, become and remain the property of the LESSOR, and shall not be removed from said premises without the consent of the LESSOR. LESSEE shall also carry any and all necessary "fire and windstorm insurance on said leased premises. 6. It is further mutually understood, covenanted and agreed by and between the parties hereto that in the event the LESSEE ceases to use said lease premises for Boy Scout purposes, this Lease shall become null and void and of no force and effect. 3 IN WITNESS WHEREOF, the parties hereto have cause these presents to be executed in their respective names, all as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman (SEAL) Attest: Clerk SOUTH FLORIDA COUNCIL, BOY SCOUTS OF AMERICA, INC., NO. 84 By President (SEAL) Attest Secretary :~:,':>~: ,1',) .,-:~ iD ,\-0.,./; h..'",...... ""71 :-.,"' ,.,1 /~:":.";"" '. 'i.;l;L'./.),,(~~y' I . ! .." ! '" .f c' Y --L:.. ~----.J I ;1 th;;:;;;;Y.S L(j;f;~~ 4