Resolution 301-1985
County Commission
RESOLUTION NO. 301 -1985
A RESOLUTION OF THE BOARD OF COUNTY comns-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR AND CHAIRMAN OF THE BOARD TO
APPROVE AND EXECUTE AN AGREEMENT BY AND
BETWEEN THE FLORIDA KEYS AQUEDUCT AUTHORITY
AND MONROE COUNTY, STATE OF FLORIDA, PROVID-
ING FOR LEASING OF FKAA PROPERTY LOCATED IN
THE JACKSON SQUARE AREA IMMEDIATELY BEHIND
THE WATER STORAGE TANKS, SAID AREA TO BE USED
AS A PARKING AREA.
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
approve and execute an Agreement by and between the Florida Keys
Aqueduct Authority and Monroe County, State of Florida, a copy of
which is attached hereto, providing for the leasing of of FKAA
property located in the Jackson Square area immediately behind
the water storage tanks, said area to be used as a parking area.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 1st day of November, A.D. 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~
By
Mayor/Chairman
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
APPRO AS TO FORM
GAL SUFFICIENCY.
Attorne'l's Office
2.
BY
"
;
THIS AGREEMENT
Made this ;f AI day of ~ ' 1985, between THE FLORIDA
KEYS AQUEDUC~ORITY, of t e first part, and MONROE COUNTY, STATE
OF FLORIDA, hereinafter called the lessee or tenant, party of the
second part:
" .
Wherever used herein, the term "party" shall include
the heirs, personal representatives, successors and/or
assigns of the respective parties hereto; the use of
the singular number shall include the plural, and the
plural the singular; the use of any gender shall
include all genders; and, if used, the term "note"
shall include all the notes herein described if more
than one.
WITNESSETH, That" the said lessor does this day lease unto said lessee,
. and said lessee does hereby hire and take as tenant under said lessor
the land and area delineated on drawing entitled "FKAA PROPERTY
AUTHORIZED FOR USE AS A PARKING AREA FOR MONROE COUNTY" dated August
29, 1985, attached to this lease and made a part hereof, situate in
Key West, Monroe County, Florida, to be used and occupied by the
lessee as an automobile parking area and for no other purposes or uses
whatsoever except as listed within this agreement, for the term of Two
(2) Years beginning the 16th day of September, 1985 and ending the
15th day of September, 1987, with an option to renew for subsequent
two (2) year periods, at and for the agreed total rental of One Dollar
($1.00) and other considerations payable as follows:
One Dollar ($1.00) per year in advance. Additionally, Lessee
agrees that it will, at its cost and expense, pave the leased
area and maintain the parking area.
The following express stipulations and conditions are made a part of
this lease and are hereby assented to by the lessee:
1. The lessee shall not assign this lease, nor sub-let the premises,
or any part thereof nor use the same, or any part thereof, nor
permit the same, or any part thereof, to be used for any other
purpose than as above stipulated, nor make any alterations
therein, and all additions thereto, without the written consent
of the lessor, and all improvements.which may be made by lessee,
shall become the property of the lessor and remain upon the
premises as a part thereof, and be surrendered with the premises
at the termination of this lease.
2. All personal property placed or moved in the premises above
described shall be at the risk of the lessee or owner thereof,
and lessor shall not be liable for any damage to said personal
property, or from any act of negligence or of any other person
whomsoever.
3. That the tenant shall promptly execute and comply with all
statutes, ordinances, rules, orders, regulations and requirements
of the Federal, State and City Government and of any and all
their Departments and Bureaus applicable to said premises, for
the correction, prevention, and abatement of nuisances or other
grievances, in, upon, or connected with said premises during said
term; and.shall also promptly comply with and execute all rules,
orders and regulations of the Southeastern Underwriters
Association for the prevention of fires, at his own cost and
expense.
4. In the event the premises shall be destroyed or so damaged or
injured by fire or other casualty during the life of this
agreement, whereby the same shall be rendered untenantable, then
the lessor shall have the right to render said premises
tenantable by repairs within ninety days therefrom. If said
premises are not rendered tenantable within said time, it shall
be optional with either party hereto to cancel this lease, and in
the event of such cancellation the rent shall be paid only to the
date of such fire or casualty. The cancellation herein mentioned
shall be evidenced in writing.
5. If the lessee shall abandon or vacate said premises before the
end of the term of this lease, or shall suffer the rent to be in
arrears, the lessor may, at hi~ option, forthwith cancel this
lease or he may enter said premises as the agent of the lessee,
by force or otherwise, without being liable in any way therefor,
and relet the premises.
6. The lessor, or any of his agents, shall have the right to enter
said premises during all reasonable hours, to examine the same to
make such repairs, additions or alterations as may be deemed
necessary for the safety, comfort, or preservation thereof. . The
right of entry shall likewise exist for the purpose of removing
placards, signs, fixtures, alterations, or additions, which- do
not conform to this agreement, or to the rules and regulations of
the building.
7. Lessee hereby accepts the premises in the condition they are in
at the beginning of this lease and agrees to maintain said
premises in the same condition, order and repair as they are at
the commencement of said term, excepting only reasonable wear and
tear arising from the use thereof under this agreement.
8. It is expressly agreed and understood by and between the parties
to this agreement, that the landlord shall not be liable for any
damage or injury by water, which may be sustained by the said
tenant or other person or for any other damage or injury
resulting from the carelessness, negligence, or improper conduct
on the part of any other tenant or agents, or employees.
9.
This contract shall bind the lessor
successors, and the heirs, assigns,
representatives, executors or successors
the lessee.
and its assigns or
administrators, legal
as the case may be, of
10. It is understood and agreed between the parties hereto that time
is of the essence of this contract and this applies to all terms
and conditions contained herein.
11. It is understood and agreed between the parties hereto that
written notice mailed or delivered to the premises leased
hereunder shall constitute sufficient notice to the lessee and
written notice mailed or delivered to the office of the lessor
shall constitute sufficient notice to the lessor, to comply with
the terms of this contract.
12. The rights of the lessor under the foregoing shall be cumulative,
and failure on the part of the lessor to exercise promptly any
rights given hereunder shall not operate to forfeit any of the
said rights.
13.
It is hereby understood and agreed that any signs
to be used, including awnings, in connection with
leased hereunder shall be first submitted to
approval before installation of same;
or advertising
the premises
the Lessor for
14. Lessee, for itself and its 'successors, agrees that it will hold
Lessor harmless of and from any and all liability and actions and
causes of actions, and costs, attorney's fees, and damages
arising out of Lessee's use and occupancy of the premises leased
herein and shall, during the term of this Lease, and any
extension hereof, furnish to lessor a certificate of insurance
from a responsible casualty insurance company to comply with
Lessee's obligation herein~ and further, shall cause Lessor
herein to. be named in Lessee's policy as an additional named
insured.
15. The Lessor reserves the right to terminate this agreement without
cause by giving ninety (90) days written notice.
16.
The parties hereto agree
litigation arising out of
hereunder shall be entitled
reasonable attorney's fee.
that the prevailing party in any
this lease and Lessee's occupancy
to be' reimbursed for suit costs and a
18.
17. Lessee will use the area only as a parking area, and for no other
purpose, except as follows: Lessee may utilize this area for a
temporary office location for the state Attorney. Said temporary
office shall consist of a 70 foot long mobile home which shall be
removed within two years of the date of this agreement or upon
termination of this agreement, whichever comes first.
Lessee will provide all required fencing, gates, landscaping,
paving, traffic stripes, and concrete wheel stops, including
those required for protection of water storage tanks; within
twelve (12) months of the date of this agreement at no expense to
the Lessor.
, .
'19. The Lessor will not be liable for any damages, injuries, or
losses in the area, due to accidents, vandalism or theft which
occurs while the property is used as a parking area by the
Lessee.
20. Lessor shall have access for maintenance and repair of tanks and
piping with the right to impose no parking for short periods of
time when performing maintenance work, including painting of the
tanks.
21. Construction and use of the parking area shall be in conformance
with beautification plan now being prepared for the Lessor. Said
plan shall be furnished to the Lessee by the Lessor.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this
instrument for the purpose herein expressed, the day and year above
written.
Signed, Sealed and Delivered
in the presence of:
FLORIDA KEYS AQUEDUCT AUTHORITY
By:
Bernard L. Schattner
Executive Director
MONROE COUNTY, STATE OF FLORIDA
By:
STATE OF FLORIDA}
COUNTY OF MONROE}
I HEREBY CERTIFY, That on this day personally appeared before me, an
officer duly authorized to administer oaths and take acknowledgments,
BERNARD L. SCHATTNER, Executive Director of the Florida Keys Aqueduct
Authority, to me well known to be the person described in and who
executed the foregoing Lease, and he acknowledged before me that he
executed the same for the purposes therein expressed.
IN WITNESS WHEREOF, I have
official seal at Key West, said
., A. D. 1985.
hereunto
County
set my hand and affixed my
and state, this day of
Notary PUblic
. My Commission Expires
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