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Resolution 176-1982 ---:.-- RESOLUTION NO.176 -1982 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COl1MISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE CITY OF KEY ~~ST, FLORIDA, AND THE COUNTY OF MONROE FOR LAND FOR SEWAGE TREATMENT FACILITY LOCATED ON STOCK ISLA1~D. BE IT RESOLVED BY THE BOARD OF COUNTY COl1MISSIONERS 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 110nroe, a copy of same being attached hereto, for land for sewage treatmert facility located 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. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY? .)'r- ~ .,0 1~t or ctirman (Seal) Attest RALPH YI. ~~IlUTEI CLEm< ~ '\ t.M.:..MlJ.'l) In. P ~ I ().e.. ' 6 Clerk APPROVED AS TO fORM ANDLEGALSUFRC~NC~ 8Y AttornsY'$ OffiCfJ THIS INDENTURE, Made and entered into as of the 28 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, herein- after 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, WIT N E SSE 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: 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(ll.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'18"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 North- east; 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 N3 9021' 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 line 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 S54059'55"W from the center of said curve; thence proceed S50038'22"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 S600l9'49"E, 160.59 feet from the last described point; thence proceed N 50038'22''E, 21 feet, more or less, to the Point 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 5 years, commencing on the day of , 1982, and ending on the day of , 1987. SECOND: The Lessee, ln 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 5 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 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 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 payoff 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 payoff 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: The Lessee shall not have the right to sublet or aSSlgn 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 lnsurance, the following described insurance coverage: (a) Coverage which will protect the legal liability of Lessor and Lessee to payoff claims for personal lnJury 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 $50,000.00 for anyone person, or $100,000.00 for more than one person, arising out of one accident, and property damage $5,000.00. 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 ln 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 glven 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 re-enter and re-possess said leased property. EIGHT: 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 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 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 written above. (Executed in Duplicate) THE CITY OF KEY WEST, FLORIDA By Mayor (SEAL) Attest: City Clerk COUNTY OF MONROE Commissioners ~Z'..~ (SEAL) Attest: ~H. ~. ~mrrr~ O.~. White, Clerk of the Circuit Monroe County, and ex-officio of the Board of County Commissioners.