Resolution 348-1985
County Commission
RESOLUTION NO. 348 -1985
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR AND CHAIRMAN OF THE BOARD TO
EXECUTE A 99-YEAR LEASE AGREEMENT BY AND
BETWEEN THE CITY OF KEY WEST, FLORIDA, AND
COUNTY OF MONROE, PROVIDING FOR THE OPERATION
OF AN ANIMAL CONTROL FACILITY.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor and Chairman of the Board
is hereby authorized to execute a 99-Year Lease Agreement by and
between the City of Key West, Florida, and County of Monroe, a
copy of the same being attached hereto, providing for the opera-
tion of an Animal Control Facility.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 20th day of December, A.D. 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By '~"~~;7chJ~n ~ ~
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
~JL~c~tt<'~/ he
1Z~i2
~~ (1. ~.j)i"
BY - ~
Attorney's Office f
.' .
RESOLUTION 00. 85-224
A RESOLUTION AUnIORI ZING 'mE EXECUTION OF A
99-YEAR LEASE AGREEMENT BETWEEN 'mE CITY OF KEY
WEST, FLORIDA AND 'mE OOUNTY OF M:)NROE ~ PROVIDING
AN EFFEcrIVE DATE.
."
BE IT REOOLVED by the City comnission of the City of Key West,
Florida.
Section 1. That the attached 99-Year Lease Agreenent between the
.
City of Key West, Florida and the County of Monroe be and the sama is
hereby approved, provided that the leased property shall not include
the building or trailer currently occupied by Billie Cheek. The Mayor
of the City of Key West be and he' is hereby authorized, empowe,red, and
directed to execute the said 99-Year Lease Agreenent on behalf of the
City of Key West, and the City Clerk of said City be and she is hereby
authOfized, empowered, and directed to attest the signa~ures of the
said Mayor on the said 99-Year Lease Agreenent and affix the Seal of
~e City thereto. The execution of said 99-Year Lease Agreenent is
hereby directed to be made in as many counterparts as may be desired
or necesscn::y.---
Section '2 . This Resolution shall go into effect inmediate1y upon
its passage ~ adoption and authentication by the signatures of the
presiding officer and the Clerk of the C~ission.
Passed and adopted by the City commission at a meeting held this
12t"h
day of November
, 1985.
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STATE OF FLORIDA)
COUNTY OF MONROE) 55.
CITY OF KEY WEST)
, ,
I, Josephine Parker, Clerk of the City of Key West,
Florida, do hereby certify the foregoing and attached to be a
t~ue and correct copy of Resolution No. 85-224, passed and
adopted by ,the City Commission of the City of Key West, Florida,
~
on the 12t~ day of Novemhpr
WtTNESS my hand and the official Seal of the City of
1985
Key West, Florida, this 22nd day of November
1985 .
~
99-YEAR LEASE AGREEMENT
TIllS INDENTURE made and entered into as of the
day of
, A.D. 1985 between' the City of Key W3st, Florida,
a municipal corporation organized and existing under the laws of the
State of Florida, party of the first part, hereinafter designated as
the Lessor, and. County of Monroe, a political subdivision fo the State
of Florida, party of the second part, hereinafter designed as the
Lessee,
WIT N E SSE T H:
, ,
1. The first party hereto in consideration of the rents
hereinafter reserved under the covenants and agreements hereinafter
expressed in the party of the second part, to be kept, performed and
fulfilled, has demised and leased under the Lease all of the following
described property situated in lying in being in Monroe County, State
of Florida, to wit: A parcel of land on Stock Island, Monroe County,
Florida, and ;lescribed by metes and bounds as follows:
From the intersection of the centerline of the south land of
U.S. Highway No. 1 and the easterly abutm,mt of the Cow Key
Channel Bridge go North 71 Degrees 19 Minutes East a
distance of 300 feet to a point of intersection with the
approximate centerline of Country Club Road; thence along
said approximate centerline North 19 degrees 51 Minutes W3st
a distance of 330 feet to Point #1; thence North 39 Degrees
18 Minutes \~st a distance of 300 feet to Point #2; thence
North 30 Degrees 29 Minutes W3st a distance of 265 feet to
Point #3; thence North 03 Degrees 13 Minutes \~st a'distance
of 152 feet of Point #4; thence Nqrth 20 Degrees 08 Minutes
East a distance of 600 feet to Point #5; thence South 69
Degrees 52 Minutes East, 28.8 feet to the Point of Beginning
of the parcel of land herein described; thence continue
South 69 Degrees 52 Minutes East, along a cyclone fence,
145.7 feet to a point; thence South 30 Degrees 08 Minutes
West, along a cyclone fence, 19.1 feet to a point; thence
North 83 Degrees 08 Minutes west, along a cyclone fence,
36.7 feet to a point; thence South 20 Degrees 08 Minutes
\~st, along a cyclone fence, 120.1 feet to a point; thence
North 69 Degrees 52 Minutes W3st, along a cyclone fence,
119.4 feet to a point; thence Northeasterly, along a cyclone
fence, 149.2 feet back to the Point of Beginning, but
excepting from any land described herein the building or
trailer currently occupied by Billie Cheek, which property
shall not be included in this lease agreement.
(1)
To have and to hold the above-described property under the Lease
for and during the term of 99 years conmencing on the 12th day of
November
November
, A.D. 1985 and ?nding on the
, A.D. 2084.
11 th . day. of
2. The Lessee in consideration of the entering into the Lease of
the property aforesaid does hereby covenant and agree with the Lessor
to pay rent as follows:
The Lessee covenants and agrees to pay the Lessor rent for said
demised premises during the demised term of 99 years.
The yearly
rental of $10.00 (ten dollars), which is due on the '?~n
day of
November
, of every year of the said demised term'.
3. The County will continue to operate the Animal Control
Facility.
4. The County agrees to maintain the animal control. program and
enforce the animal control ordinances of the parties herein.
5. In so far as the provisions thereof are not inconsistent with
this inter~~al agreem3nt, the City of Key West and Monroe County do
ratify anrraffirm and agree to continue the provisions of the Joint
participatio!) Agreem3nt between them, entered into on May 16, 1978.
As further consideration for the leasing and demising aforesaid, the
Lessee further covenants, promises, and agrees to develop and maintain
the premises as an animal control shelter and shall rebuild, repair,
and reconstruct the animal control facilities located on Junior
College Road, Stock Island, Florida.
6. It is hereby covenanted, stipulated, and agreed by, for, and
between th~ parties hereto that there shall be no m3chanics liens upon
any ircprovem3nts which may anytim3 be put upon or be upon the demised
property; that in case of mechanics liens, the Lessee must payoff the
same, and that if default and payment thereof should continue for 30
days after written notice, the Lessor shall have the right and
privilege at its option to payoff the same or any portion of the
same, and the amounts paid, excluding expenses, shall at the Lessor's
(2)
~
option be additional rent due from the said Lessee at the next rent
due after such payment.
7. Lessee hereby further covenants and agrees to use said
"
premises for the sole purpose of an animal shelter and related and
associated uses.
8. it is expressly covenanted between the parties that the
Lessee will keep and save the Lessor forever harmless from any penalty
and damage or charges imposed for any violation of any laws where
occasioned by the neglect of ~ssee ; and that such Lessee will
indemnify and save and keep harmless the Lessor against from any
costs, lost, damages or expense a~ising out of any accidents or other
occurence causing injury to any person or property whomsoever,
whatsoever, and to directly or indirectly to the the use of premises
or any part thereof, by the Lessee. The Lessee shall secure at its
own exprense from an approved insurance company the
following
described insurance coverage which will protect the legal liability to
"~he Lessor and Lessee, to pay for the co~erage which will protect the
Lessor and -the Lessee from any claims of personal injury or damage
----
which might arise out of or in connection with the conduct of the
Animal She I tel' or any act or acts of Lessee I s agents and invi tees or
employees. Minimum limits of such policy shall be $50,000 for one
person or $100,000 for rrore than one person arising out of one
accident and property damage maximum of $5,000.00.
9. It is fully uooerstood and agreed by and between the parties
hereto that it is the condition of this Lease that any improvements
.:
upon said premises, at the termination of the demised term providing
that this Lease is not sooner terrminated, shall become the exclusive
property of the City of Key r~st, Florida, without any instrument or
conveyance from said Lessee to Lessor.
IN WITNESS HHEREOF, the Lessor is called these presents to be
executed in the name by its Mayor and Comron seal affixed and attested
by the City Clerk, and the Lessee caused these presents in the name of
by the Chairman of the Board of County Commissioners and attested by
(3)
.
, ,
the Clerk of the Circuit Court of Monroe County, ex officio Clerk of
the Board of County Ccmnissioners, all as of the day and year first
above written and executed in duplicat~.
CITY OF KEY WEST, FLORIDA
Q~
RIOiARD A. HEYMAN,
. (SEAL)
CITY CLERK
---
OOARD OF OOUNTY OOMMISSIONERS
.,
OF ~IDE (x)UNTY, FlORIDA
MAYOR/CHAIRMAN
~
(SEAL)
ArrEST:
AS TO FORM
L SUFF:CIEN~
Attorney', Office
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BY
CLERK
(4)
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