Resolution 174-1982or
RESOLUTION NO. 174 -1982
RESOLUTION AUTHORIZING THE CHAIR11A_'V OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE CITY OF
KEY WEST, FLORIDA, AND THE COUNTY OF MONROE FOR
PARKING LOT AT THE PUBLIC SERVICE BUILDING ON STOCK
ISLAND.
BE IT RESOLVED BY THE BOARD OF COUNTY COM11ISSIONERS 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 execute
a Lease Agreement by and between the City of Key West, Florida, and
the County of Monroe, a copy of same being attached hereto, for
parking lot at 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 28th day of June, A.D. 1982.
(Seal)
Attest: RALRR W. CORK
lerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
�Mroj airman
Ry
APPROVED A5 TO FORD
AND LEGAL SUFFICIENCY
Atterney's Office
THIS INDENTURE, Made and entered into as of the 28th day
of June , A.D. 1982, between THE CITY OF KEY WEST, 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 of the State of Florida, party of the second part,
hereinafter designated as the Lessee,
W I T N E S S E T H:
FIRST: The first party hereto, the Lessor, in consideration
of the rents hereinafter reserved and of the covenants and
agreements herein expressed on the part of the second party, 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:
On Stock Island, Monroe County, Florida and lies
westerly of Country Club Road and northerly of
U.S. Highway #1 and is more particularly described
as follows:
From the intersection of the centerline of the
southerly (Eastbound) lane of U.S. Highway #1
and the easterly abutment of the highway bridge
over Cow Key Channel go easterly along said center-
line a distance of 330.08 feet to a point; thence
northerly making a deflection angle of 90 Degrees
10 Minutes with the prolongation of the previously
described course a distance of 305.64 feet to a
point; thence northwesterly making a deflection
angle of 32 Degrees 40 Minutes with the prolonga-
tion of the previously described course a distance
of 159.24 feet to a point; thence westerly making
a deflection angle of 56 Degrees 10 Minutes with
the prolongation of the previously described course
a distance of 30.10 feet to a point in the south-
westerly line of Country Club Road which point is
the point of beginning; thence continue westerly
along the prolongation of the previously described
course a distance of 60.20 feet to a point; thence
northwesterly making a deflection angle of 56 Degrees
10 Minutes with the prolongation of the previously
described course a distance of 128.17 feet to
a point; thence northwesterly making a deflection
angle of 13 Degrees 13 Minutes (to the right) with
the prolongation of the previously described course
a distance of 147.92 feet to a point; thence north-
easterly and at right angles a distance of 50 feet
to a point in the southwesterly line of Country
Club Road; thence southeasterly and at right angles
and along the southwesterly line of Country Club
Road a distance of 143.12 feet to a point; thence
southeasterly making a deflection angle of 13
Degrees 13 Minutes (to the left) with the prolonga-
tion of the previously described course and con-
tinuing along the line of Country Club Road a dis-
tance of 156.88 feet back to the point of beginning.
TO HAVE AND TO HOLD the above described property unto the
Lessee for and during the term of 20 years, commencing on the
day of
. 1982 and ending on the day
of , 2002, however, this lease may be cancelled by
the Lessor by giving six months written notice to the Lessee
cancelling said lease and reimbursing the Lessee as hereinafter
provided.
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 $10.00, which rental shall be paid on the
day of of every year during said demised term.
THIRD: As a further consideration for the leasing and
demising aforesaid, the Lessee further covenants, promises and
agrees to fill, develop and maintain the premises as an automobile
parking area for employees and visitors of the Public Service
Building, and that no structures shall be placed on said premises,
however, walls or guard rails may be placed on said demised premises.
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 improvements 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 pay off
same; and that if default in payment thereof shall continue for
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 after such payment, with interest
thereon at the rate of 6% per annum.
FIFTH: Lessee hereby further covenants and agrees to use
said premises for the sole purpose of automobile parking.
SIXTH: The Lessee shall not have the right to sublet or
assign this lease without the written consent of the Lessor.
SEVENTH: It is expressly covenanted and agreed between the
parties hereto that the Lessee will furnish within three months
from the date of this lease the crushed rock fill for the purpose
of filling the demised area and that the Lessor will furnish its
equipment for the spreading, compacting and rolling of said fill
and the said Lessee will furnish to the said Lessor a written
statement as to the cost of the furnishing of said crushed rock
fill. In the event the Lessor elects to cancel this lease
during the first ten years of said term, it shall be required to
reimburse the Lessee the cost of such crushed rock fill.
EIGHTH: It is expressly covenanted between the parties
hereto that the Lessee will not use or suffer nor permit any
person to use in any manner whatsoever the said demised property,
nor any portion thereof, for any purpose calculated to injure the
reputation of the premises, nor for any purpose or use in violation
of the laws of the United States, or of the State of Florida, or
of the Ordinances of the City of Key West, Florida, and that it
will keep and save the Lessor forever harmless from any penalty
or damage or charges imposed for any violation of any of said
laws, whether occasioned by neglect of Lessee, and that said
Lessee will indemnify and save and keep harmless the Lessor against
and from any loss, cost, damage and expense arising out of any
accident or other occurrence, causing injury to any person or
property whomsoever or whatsoever, and due directly or indirectly
to the use of the premises, or any part thereof, by the Lessee.
NINTH: 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 pay off 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 automobile parking area, 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 $50,000.00 for any one person, or
$100,000.00 for more than one person, arising out of one accident,
and property damage $5,000.00.
TENTH: 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 become due and payable, or in
the 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 the 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, the Lessor may, at its option, forthwith declare
this lease forfeited and may immediately re-enter and re -possess
said leased property.
ELEVENTH: 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 by reason of any
defect in the title of said Lessor, or said Lessor's authority
to make this lease, said Lessee shall not be required to pay any
rent under this lease while it is so deprived of the possession
of said property, and that said 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.
r
TWELFTH: It.is furthe9 mutually covenanted and agreed between
the parties hereto that no iVaiver of a breach of any of the
covenants of 'this lease shall be construed to be a waiver of any
succeeding breach of the same covenant.
THIRTEENTH: It is fully understood and agreed by and between
the parties hereto, that it,ds a condition of this lease that any
improvements.upon the said premises at the termination of the
said demised term, providing this lease is not sooner terminated,
shall, at and upon the date of the expiration of said demised term
become the.exclus'ive property of The City of Key West, Florida,
without any instrument of conveyance from the said Lessee to the
said Lessor.
IN WITNESS WHEREOF, the,Lessor has caused these presents to
be executed in its name by its Mayor and its common seal affixed,
attested by its City Clerk, and the Lessee has.caused these presents
to be executed in its name by the Chairman of the Board of County
Commissioners, attested by the Clerk of the Circuit Court of
Monroe County and.ex officio Clerk of the -Board of County Commissioners,
all as of the day and year first above written. Executed in duplicate.
THE CITY OF KEY WEST, FLORIDA
B
(SEAL)
Attest:
City Clerk
mayor
COUNTY OF MONROE
w
Mayo ai an
Bo d of County Comm' sioners
(SEAL)
Attest:
WIT col
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