Resolution 352-1983 •
Edward L. Stickney, Director
Public Works Department
RESOLUTION NO. 352-1983
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A LEASE BY AND BETWEEN NEW PORT LARGO , INC .
AND THE COUNTY OF MONROE, FLORIDA FOR THE PURPOSE
OF PROVIDING A SITE LOCATION FOR SWAY CARS .
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.
execute a Lease by and between New Port Largo , Inc. , and the
County of Monroe, Florida, a copy of same being attached hereto ,
for the purpose of providing a site location for sway cars .
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 16th day of December, A.D . 1983 .
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B y
Mayor/Chairman
(Seal)
Attest : DANNY L. KOLHAGE, Clerk
1 P.A,. ).
Clerk
APP -VED AS TO FORM
` t!- GAL SUFFICIENCY. 00
air
• d
Attorney's Office
L E A S .E
•
THIS INDENTURE, made and ,entered into as of the 16th day of
• December , A.D . 1983 , between NEW PORT LARGO , INC .., Box 768
Key Largo , FL 33037 , a Florida corporation, party• of the first
part , hereinafter designated as "Lessor" , and the COUNTY OF
MONROE , FLORIDA, a political subdivision of the State of Florida ,
party of the second part, hereinafter designated as "Lessee" ,
W. I T N E S S E T H:
That the Lessor , in consideration of the rents hereinafter
reserved , and of the covenants and agreements herein expressed on
. the part . of the Lessee , to be kept , performed .and fulfilled , as
demised and leased, and by these presents 'does demise and• lease
• unto the Lessee all of the following described property, situate,
lying and being in Monroe County , State of Florida to wit :
• P.t . W 12 of SW 14 in. 23-62-38 , Island of Key
Largo (Munz' Tract) , Monroe County, Florida.
TO HAVE AND TO HOLD the above described property unto the
Lessee. for and during the said term of the Lease , said Lease
- commencing on the 16th day of . . December , A.D . 1983, and
•
continuing an' a month to month basis until either party shall
give 30 days written notice. of cancellation to the other party.
The Lessee , in- consideration of the leasing of the aforesaid
property, does hereby- covenant and agree to and with the Lessor •
• to pay rent as follows :. •
1 . . Lessee covenants and 'agrees to pay the Lessor as rent
for the said demised premises during the said term the yearly
rental of One Dollar ($1 , 00) per year : •
• 2 . Rental shall be paid on . the '16th day of . December
. of every year during said demised term.
• . 3. As a further consideration for the leasing and demising
• of the aforesaid, the Lessee, further covenants , promises and .
agrees tocarry, proper insurance on the property and to remove
all debris upon vacating.:.
4 . Lessee hereby further covenants and agrees - to use said
premises for ;th'e; sol'e . purpo,se of the site .location for sway cars .
• • .5 . . ' Th.e Lessee shall not have: the right to sublet or sign
this lease. without the written. 'consent of the Lessor..
•
111111
6 . It is further agreed that in no case shall the Lessor be
liable, under any express or implied covenants in this Lease for
any damamges whatsoever to the Lessee beyond the rent reserved
for 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
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
possession of said property.
7. It is further mutually covenanted and agreed between the
parties hereto that no waiver of a breach of the covenants of
this Lease shall be construed to be a waiver of any succeeding
breach of the same covenant .
IN WITNESS WHEREOF, the' Lessor has caused these presents to
be executed in its name by its President and it corporate seal
affixed, 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.
NEW PORT LARGO , INC .
By
President
(SEAL)
Attest:
Secretary
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY , FLORIDA
By
Mayor/Chairman.
(SEAL) S
Attest :
DANNY L. OLHAGE, Clerk APPROVED AS TO FORM
AND FOAL Suv
C r k BY Attorneys Off ce