Resolution 265-1988
Monroe County Commission
RESOLUTION NO. 265 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR/CHAIRMAN OF THE BOARD TO
EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE
CITY OF KEY WEST AND THE COUNTY OF MONROE
CONCERNING THE SEWAGE TREATMENT PLANT FOR THE
PUBLIC SERVICE BUILDING ON STOCK ISLAND.
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 Agreement by and between the
City of Key West and the County of Monroe, a copy of same being
attached hereto, concerning the sewage treatment plant for the
Public Service Building on Stock Island.
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
Byg~,~.t
ay al.rman
(Seal)
Attest:DANNY L. KOLHAGE, Clerk
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LEASE AGREEMENT
THIS AGREEMENT, made and entered into this
day of
, A.D., 1988, between the CITY OF KEY
WEST, a municipal corporation organized and existing under the
laws of the State of Florida, party of the first part, hereinaf-
ter designated as the Lessor, and the COUNTY OF MONROE, a
political subdivision of the State of Florida, party of the
second part, hereinafter designated as the Lessee,
WIT N E SSE T H:
FIRST:
The Lessor, in consideration of the rents 'herein-
after reserved and of the covenants and agreements herein ex-
pressed on the part of the Lessee to be kept, performed and
fulfilled, has demised and leased, and by these presents does
demise and lease unto the Lessee all the following described
property, situate, lying and being in Monroe County, State of
Florida, to-wit:
A tract of land in Section 27, Township 67
South, Range 25 East, Monroe County, Florida,
being more particularly described as follows:
Commence at a point on the centerline of the
East bound lane of Florida State Road No. 5
(U.S. No.1) which lies 330.39 feet N
71018'42" E of the Easterly end of the
Southerly Cow Key Channel Viaduct Bridge;
thence proceed N1804l' l8"W, 211. 36 feet along
the centerline of Junior College Road (State
Job No. 90550-2612 all bearings stated herein
refer to State Road Department right-of-way
map dated 10-9-67 for said job number) to the
point of curvature of a circular curve
concave to the Southwest; thence proceed
along the arc of said curve, having for its
elements a radius of 225.00 feet and a
central angle of 35006' 00", 137.84 feet to
the point of tangency; thence proceed
N53047'18"W, 272.56 feet to the point of
curvature of a circular curve concave to the
Northeast; thence proceed along the arc of
said curve, having for its elements a radius
of 401.02 feet and a central angle of
14025' 40" 100.98 feet to the point of
tangency; thence proceed N3902l'38"W, 163.60
feet; thence proceed S50038'22"W, 40.00 feet
to a point on the Southwesterly right-of-way
line of said Junior College Road, said point
being the Point of Beginning of the parcel of
land hereinafter described: Thence proceed
N39021'38"W, 109.91 feet along said
Southwesterly right-of-way to the point of
curvature of a circular curve, concave to the
Northeast; thence proceed along the arc of
said curve, having for its elements a radius
of 526.85 feet and a central angle of
4021'33", 40.08 feet to a point on said
curve, said point bearing S54 059' 55"W from
the center of said curve; thence proceed
S50 038' 22"W, 80 feet, more or less, to the
Mean High Tide Line of Cow Key Channel;
thence meander Southeasterly along said Mean
High Tide Line 173 feet, more or less, to a
point, said point bearing S60019'49"E, 160.59
feet from the last described point; thence
proceed N 50038'22" E, 21 feet, more or less,
to the Point of Beginning. Said Parcel
containing 0.2 acres, more or less.
TO HAVE AND TO HOLD the above described property unto the
Lessee for and during the term of five (5) years, commencing on
the 6
6
day of
day of
June
, 1988, and ending on the
June
, 1993.
SECOND:
The Lessee, in consideration of the leasing of the
property aforesaid, does hereby covenant and agree to and with
the Lessor to pay rent as follows:
The Lessee covenants and agrees to pay the Lessor as rent
for said demised premises during the said demised term of five
(5) years, the yearly rental of Ten ($10.00) Dollars, which
rental shall be paid on the 6th day of
June
of every
year during said demised terms.
THIRD:
As a further consideration for the leasing and
demising aforesaid, the Lessee further covenants, promises - and
agrees to use the said premises only for the site for a sewage
treatment plant.
FOURTH:
It is hereby covenanted, stipulated and agreed by
and between the parties hereto, that there shall, during the said
demised term, be no mechanics' liens upon any building or im-
provements which may at any time be put upon or be upon the
demised property, and that in case of any mechanics' liens the
Lessee must payoff same; and that if default in payment thereof
shall continue for thirty (30) days after written notice, said
Lessor shall have the right and privilege, at its option, to pay
off the same or any portion of the same, and the amount so paid,
including expenses, shall, at the Lessor's option, be so much
additional rent due from the said Lessee at the next rent due
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. .
after such payment, with interest thereon at the rate of 6% per annum.
FIFTH: The Lessee shall not have the right to sublet or assign this
Lease without the written consent of the Lessor.
SIXTH: The Lessee shall secure at its own expense, from an approved
insurance company, and furnish to the Lessor evidence of such insurance, the
following described insurance coverage:
a) Coverage which will protect the legal liability of Lessor and Lessee
to payoff claims for personal injury or death resulting therefrom, on
account of accidents to third parties or the public, which might arise out
of, or in connection with the conduct of the Lessee's sewage treatment plant,
or which might arise out of, or in connection with any act or acts of
Lessee's agents, invitees or employees. The minimum limits of such policy or
policies shall be $100,000.00 for anyone person, or $200,000.00 for more
than one person, arising out of one accident, and property damage $5,000.00;
Lessee further agrees to indemnify and nold harmless Lessor against any claim
whatever for injury or damage arising from Lessee's use of the premises.
SEVENTH: And it is further covenanted and agreed by and between the
parties hereto, that in case, at any time, default shall be made by the
Lessee in the payment of any rent herein provided for upon the day the same
becomes due and payable, or in failure to perform any of the covenants of
this Lease, and such default of payment shall continue for 30 days after
notice thereof is given in writing by Lessor, or failure to correct any
violation shall continue for ten days after notice thereof is given in
writing by the Lessor, or its agents or attorneys, to said Lessee may, at its
option, forthwith declare this Lease forfeited and may immediately reenter
and repossess said leased property.
EIGHTH: It is further agreed that in no case shall the Lessor herein be
liable, under any express or implied covenants in this Lease, for any damages
whatsoever to the Lessee beyond the rent reserved by this Lease, accruing,
~
for the act, or breach of covenant, for which damages may be sought to
be recovered against said Lessor, and that in the event that said Lessee
shall be ousted from the possession of said property, and that said
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Lessor shall not incur any liability by such ouster beyond the
loss of rent while said Lessee is so deprived of the possession
of said property.
NINTH:
It is further mutually covenanted and agreed
between the parties hereto that no waiver of a breach of any
covenants of this Lease shall be construed to be a waiver of any
succeeding breach of the same covenant.
TENTH:
It is fully understood and agreed by and between
the parties hereto, that it is a condition of this Lease that any
structural improvements made upon the said premises may be
removed by the Lessee.
IN WITNESS WHEREOF, the parties hereto have caused this
Lease Agreement to be executed as of the day and year first
written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(SEAL)
Attest:
Clerk
CITY OF KEY WEST, FLORIDA
By
(SEAL)
Attest:
~
"
Clerk
APPR6V,~ is 7~ Foml!.
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