Resolution 319-1982
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RESOLUTION NO. 319 -1982
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COl1MISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A MANAGEMENT CONTRACT BY AND BETWEEN THE
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, AND THE KEY WEST ART &~D HISTORICAL SOCIETY.
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 Commissioners
of Monroe County, Florida, is hereby authorized to execute a Management
Contract by and between the Board of County Commissioners of Monroe
County, Florida, and the Key West Art and Historical Society, a copy
of same being attached hereto, for operation of The Lighthouse Museum
properties.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the 13th day of December, A.D. 1982.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~ I '. '!I' II!
.,w.;t~'~' . "'::".
rjChairman I~
By
(Seal)
R ft~ ~~i ~~., U?r:r.'Tr C,! !l"'ftK
,kl: f.1.~'1 ,~i ,;' '...'" l'i ,"" ,n _,1 r.,7
Attest: 'U\....tB~. ~,~~d&.,ub..f..W
1- 'G' .. In'P.uL
~erk
APPROVED AS TO FORM
AND ..u~
BY Altomo,...~ ~.
MANAGEMENT CONTRACT
WHEREAS, the Board of County Commissioners of Monroe County,
Florida, is' the owner of that certain property located at the corner
of Whitehead Street and Truman Avenue in the City of Key West,
Florida, known as "The Lighthouse Property", and
WHEREAS, said Board obtained title to said property from the
United States of America in accordance with Deed of Conveyance re-
corded in Official Record Book 267, pages 367/371, inclusive, of the
Public Records of Monroe County, Florida, and
WHEREAS, in said Deed Conveyance said Board agreed continuously
to use and maintain said premises as and for a historic monument for
a period of 20 years from the date of said conveyance, for incidental
purposes pertainin thereto, and
WHEREAS, in order to comply with said provision of said Deed of
Conveyance, said Board was required to keep said building on said
premises open to the public, and
WHEREAS, said Board. did not have sufficient funds to adequately
maintain and operate said premises as a historic monument, and
WHEREAS, The Key West Art and Historical Society, a non-profit
corporation of the State of Florida, has agreed to maintain and
operate said premises as an Armed Forces Museum, and said Board de-
sires to enter into an agreement with the said Art and Historical
Society to operate said museum, now, therefore,
THIS AGREEMENT, Made and entered into by and between the Board
of County Commissioners of Monroe County, Florida, a political sub-
division of the State of Florida, hereinafter referred to as "County",
party of the first part, and The Key West Art and Historical Society,
a non-profit corporation of the State of Florida, hereinafter re-
ferred to as "Manager", party of the second part,
WIT N E SSE T H:
That for and in consideration of the Manager's operating the
premises owned by the County, located at the corner of Whitehead
Street and Truman Avenue in the City of Key West, Florida, known as
"The Lighthouse Property", the parties hereto agree as follows:
-2-
1. That the Manager shall be allowed to charge admission
fees, said fees to be set by the Board of Directors of the Key West
Art and Historical Society.
2. That the Manager shall only use said premises for the pur-
poses hereinabove set forth, and/or other incidental purposes per-
taining to the operation of said museum.
3. This agreement shall be for a period commencing on the 1st
day of January, A.D. 1983, through the 31st day of December, A.D.
2003, unless terminated as hereinafter provided.
4. That since there is no cost to the County for salaries or
other expenses connected with said management, the County agrees
to pay the light and water bills incurred in the operation of said
premises, and to make minor repairs and maintain said property
through the County Maintenance Department, as it may deem advisable.
5. The Manager agrees to make no improper or offensive use
of said premises.
6. The Manager agrees, during the term of this agreement, to
operate said premises in accordance with the laws of the State of
Florida, and to make no illegal use of said premises.
7. The Manager agrees, at the expiration of the term of this
agreement, without demand, to quietly and peaceably deliver up full
possession of said premises to the County in as good condition as
they now are, damage or destruction by fire and the elements only
excepted.
8. The County agrees, that upon the performance by the
Manager of the covenants and agreements hereinbefore set forth, the
County will permit the Manager to quietly hold and enjoy said premises
without any interruptions by the County or by any person or persons
claiming by, through or under it.
9. It is mutually understood and agreed between the parties
hereto that the Manager will continuously maintain and operate said
premises as a public museum, without interruption, during the term
of this agreement. In the event said Manager ceases to operate said
premises for the purposes as hereinabove set forth, this agreement
shall become null and void, and of no force and effect.
. '
-3-
10. It is further mutually understood, covenanted and agreed
by and between the parties hereto that in the event the Legislature
of the State of Florida creates a Monroe County Historical Commis-
sion, the }1anager will operate said museum in accordance with the
law creating said Commission and/or rules and regulations to be
adopted by said Commission.
11. In the event of destruction of said premises by fire
or act of God to such an extent that it is impossible to operate
said museum, the t1anager shall not be held in default during the
period of time said museum is inoperable.
12. Upon default of any of the covenants herein contained by
the Manager to be performed, the County shall have the right to
terminate this agreement by giving 60 days. notice in writing to the
Manager.
IN WITNESS WHEREOF, the parties hereto have caused this agree-.
ment to be executed in their respective names, all as of the 13th
day of December
, A.D. 1982.
BOARD OF COUNTY COill1ISSIONERS
OF MONROE COUNTY, FLORIDA
By
5:t
(Seal)
n~! r1" ,~, 'J~~~~T[ CLERK
Attest: i~HLi U tw. ~dli. 1., .
~~~\\\ P ~ O.C
~ Clerk I
KEY WEST ART AND HISTORICAL
SOCIETY
By
President
(Seal)
Attest:
Secretary
APPROVED AS TO FORM
A~r9GAL SUFFICIE~
By~<I~a ~.
Attom6Y". Oftk:fl - T h
QrI__t-.> ~
ko# 3/9-/9PL
MANAGEMENT CONTRACT
WHEREAS, the Board of County Corrnnissioners of Honroe County,
Florida, is the owner of that certain property located at the corner
of Whitehead Street and Truman Avenue in the City of Key West,
Florida, known as "The Lighthouse Property", and
~IEREAS, said Board obtained citle to said property from the
United States of America in accordance with Deed of Conveyance re-
corded in Official Record Book 267, pages 367/371, inclusive, of the
Public Records of Honroe County, Florida, and
WHEREAS, in said Deed Conveyance said Board agreed continuously
to use and maintain said premises as and for a historic monument for
a period of 20 years from the date of said conveyance, for incidental
purposes pertainin thereto, and
WHEREAS, in order to comply with said provision of said Deed of
Conveyance, said Board was required to keep said building on said
premises open to the public, and
WHEREAS, said Board did not have sufficient funds to adequately
maintain and operate said premises as a historic monument, and
WHEREAS, The Key \vest Art and Historical Society, a non-profit
corporation of the State of Florida, has agreed to maintain and
operate said premises as an Armed Forces Museum, and said Board de-
sires to enter into an agreement with the said Art and Historical
Society to operate said museum, now, therefore,
THIS AGREEMENT, ~1ade and entered into by and between the Board
of County Corrnnissioners of Monroe' 1unty, Florida, a political sub-
division of the State of Florida, hereinafter referred to as "County",
party of the first part, and The Key West Art and Historical Society,
a non-profit corporation of the State of Florida, hereinafter re-
ferred to as "Manager", party of the second part,
WIT N E S 3 E T H:
That for and in consideration of the Manager's operating the
premises owned by the County, located at the corner of Whitehead
Street and Truman Avenue in the City of Key West, Florida, known as
"The Lighthouse Property", the parties hereto agree as follows:
1. That the Manager shall be allowed to charge admission
fees, said fees to be set by the Board of Directors of the Key West
Art and Historical Society.
2. That the Manager shall only use said premises for the pur-
poses hereinabove set forth, and/or other incidental purposes per-
taining to the operation of said T Iseum.
3. This agreement shall be for a period commencing on the 1st
day of January, A.D. 1983, through the 31st day of December, A.D.
2003, unless terminated as hereinafter provided.
4. That since there is no cost to the County for salaries or
other expenses connected with sai management, the County agrees
to pay the light and water bills incurred in the operation of said
premises, and to make minor repairs and maintain said property
through the County Maintenance Department, as ~t may deem advisable.
5. The Manager agrees to make no improper or offensive use
of said premises.
6. The Manager agrees, during the term of this agreement, to
operate said premises in accordanr~ with the laws of the State of
Florida, and to make no illegal use of said premises.
7. The Manager agrees, at the expiration of the term of this
agreement, without demand, to quietly and peaceably deliver up full
possession of said premises to the County in as good condition as
they now are, damage or destructi.l by fire and the elements only
excepted.
8. The County agrees, that upon the performance by the
Manager of the covenants and agreements hereinbefore set forth, the
County will permit the Manager to quietly hold and enjoy said premises
without any interruptions by the County or by any person or persons
claiming by, through or under it.
9. It is mutually understo.i and agreed between the parties
hereto that the Manager will continuously maintain and operate said
premises as a public museum, without interruption, during the term
of this agreement. In the event said Manager ceases to operate said
premises for the purposes as hereinabove set forth, this agreement
shall become null and void, and o~ no force and effect.
-3-
10. It is further mutually understood, covenanted and agreed
by and between the parties hereto that in the event the Legislature
of the State of Florida creates a Monroe County Historical Commis-
sion, the r1anager will operate said museum in accordance with the
law creating said Commission and/or rules and regulations to be
adopted by said Commission.
11. In the event of destruction of said premises by fire
or act of God to such an extent that it is impossible to operate
said museum, the ~1anager shall not be held in default during the
period of time said museum is inoperable.
12. Upon default of any of the covenants herein contained by
the Manager to be performed, the County shall have the right to
terminate this agreement by giving 60 days' notice in writing to the
Manager.
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be executed in their respective names, all as of the 13th
day of December
, A.D. 1982.
BOARD OF COUNTY COHMISSIONERS
OF MONROE COUNTY, FLORIDA
By
~-,
l" .~
/ /
!
. i Mayor/Chairman
"
(Seal)
Attest:
. . ~, l' ~~
~'(~r~ P~,D.~.
(Seal)
ART AND HISTORICAL
By
caJ
Attest:
c~'r2r f~
Secret ry y
J.1l'r/.~.:~,: :,/.::..(.. ,4~~~ Tl) ,r:OI?/(
6Y ~'at2 .
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