Resolution 380-1988
Monroe County Commission
RESOLUTION NO. 380 -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 CITY
ELECTRIC SYSTEM OF KEY WEST, FLORIDA AND THE
COUNTY OF MONROE CONCERNING PREMISES TO BE
CONSTRUCTED ON BIG PINE KEY AND USED FOR AN
ANIMAL SHELTER AND OFFICE SPACE FOR CITY
ELECTRIC SYSTEM.
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
City Electric System of Key West, Florida and the County of
Monroe, a copy of same being attached hereto, concerning premises
to be constructed on Big Pine Key, to be used for a Monroe County
Animal Shelter and office space for City Electric System.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 16th day of August, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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ByV.G.-<' . ~/'~ b/
Ma C airman
(Seal)
Attest :DANNY L. KOLHAGE, ClerJ,t
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APPROVED AS TO FORM
AND LEGAL SUFFlCfEA!CY.
BY I^ ~~J:c&6
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Attorney s ."'tee
LEASE AGREEMENT
THIS AGREEMENT made and entered into this
day of
, 1988, by and between CITY ELECTRIC SYSTEM OF
KEY WEST, FLORIDA, hereinafter designated as the Lessor, and
COUNTY OF MONROE, a political subdivision of the State of
Florida, 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 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 part of the Northwest Quarter of the
Southwest Quarter of Section 25, Township 66
South, Range 29 East, on Big Pine Key, Monroe
County, Florida, and being more particularly
described by metes and bounds as follows:
COMMENCING at the Northwest Corner of the
Northwest Quarter of the Southwest Quarter of
Section 25, bear South, 1320 feet to the
Northwest Corner of Silas Knowles Subdivi-
sion, as recorded in Plat Book 1, at Page 61
of the Public Records of Monroe County,
Florida; thence bear East, 50 feet to the
POINT OF BEGINNING of the parcel hereinafter
described; from said POINT OF BEGINNING,
continue East, 280 feet; thence bear North,
70 feet; thence bear West, 280 feet; thence
bear South, 70 feet, back to the POINT OF
BEGINNING, containing .45 acres.
Said leased area is graphically shown on Exhibit "A" attached
hereto and made a part hereof.
TO HAVE AND TO HOLD the above described property unto the
Lessee for and during the term of 20 years, commencing on the 1st
day of September, 1988, and ending on the 31st day of August,
2008.
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 20
years, the yearly rental of One Dollar ($1.00), which rental
shall be paid on or before the 1st day of September of every year
during said demised term.
THIRD: As a further consideration for the leasing and
demising of the aforesaid premises, the Lessee further covenants,
promises and agrees to use the said premises only for an Animal
Shelter and to provide office space for City Electric System of
Key West, Florida. Plans for this structure are attached hereto
and marked Exhibit "B".
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.
FIFTH: Lessor nor Lessee shall not have the right to
sublet or assign this Lease.
SIXTH: Lessor nor Lessee shall not be liable for tort
claims or judgments that exceed the sums of $100,000 per person,
$200,000 per occurrence for bodily injury and $100,000 for
property damage. This is in compliance with Section 768.28,
Florida Statutes.
SEVENTH: 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 10 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: Lessor shall indemnify, defend, and hold Lessee
harmless from and against any and all claims and actions whatso-
ever that result form the Lessor's use or possession of said
leased real property.
NINTH: Lessee shall indemnify, defend, and hold Lessor
harmless from and against any and all claims and actions whatso-
2
ever that result form the Lessee's use or possession of said
leased real property.
TENTH:
It is further agreed that the Lessee shall be
responsible for maintenance of the structure during the term of
this lease with the exception of the interior of the intended
office space for the Lessor.
ELEVENTH:
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.
TWELFTH:
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 shall remain
as is upon termination of this lease, and title thereto shall
thereupon vest in Lessor.
IN WITNESS WHEREOF, the parties have caused these presents
to be executed as of the day and year first above written.
CITY ELECTRIC SYSTEM OF
KEY WEST, FLORIDA
By
Manager
(SEAL)
Attest:
Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(SEAL)
Attest:
Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
8Y ~)JJ.;V)] C~
Attorney's Office
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EXHIBIT "A"
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