Resolution 178-1979
RESOLUTION NO. 178-1979
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
TO EXECUTE A LEASE BY AND BETWEEN THE SECRETARY
OF THE AID1Y AND THE BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, FLORIDA, FOR PROPERTY FOR USE AND
OCCUPANCY BY MONROE COUNTY CIVIL DEFENSE BOARD.
BE IT RESOLVED BY THE BOARD OF COUNTY CO~~ISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
The Chairman of the Board is hereby authorized to execute
a Lease by and between the Secretary of the Army and the Board
of County Commissioners, Monroe County, Florida, a copy of
same being attached hereto, for property for use and occupancy
by Monroe County Civil Defense Board.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, this 14th day of August, 1979.
(Seal)
Attest:
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DEPARTMENT OF~ THE ARMY
LEASE
OF PROPERTY ON EAST ~!ARTELLO BATTERY SITE
(~V-65), FLORIDA
MILITARY RESERVATION
No. DACA01-1-79-586
THIS LEASE, made between the Secretary of the Army, of the first part and
BOARD OF COUN1Y COMMISSIONERS, MONROE COUN1Y, FLORIDA
of the second part, WITNESSETH:
That the Secretary of the Army, by virtue of the authority contained in Title 10,
United States Code, Section 2667, and for the consideration hereinafter set forth, hereby
leases to the party of the second part, hereinafter designated ds the lessee, for a term of
fi ve (5) years , beginning 1 January , 19 77 ,
and e1Iding 31 December , 19 81, but revocable at will by the Secretary
of the Army, the following described property for use and occupancy by the Monroe
County Civil Defense Board of that portion of the East Martello Battery Site,
Key West, Monroe County, Florida, measuring 200' x 200', comprising approxi-
mately .0.918 of an acre of land including buried structure E-1, as shown
in red on Exhibit "A" attached hereto and made a part hereof, together with
the right of ingress and egress.
,
ENG FORM
I JAN 68
1367
REPLACES EDITION OF I DEC. 62. WHICH IS OBSOLETE
(ER 405-1-830)
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THIS LEASE is granted subject to the following condition8:
1. T.Qt re ts~ Sflr'.tyl1O the United States rental in the anwunt of .
l- ~ ($ ) per annum, payable
L in vance, and the lessee slutll also pay fAJ the United States on
d,emand any sum which may lutve to be expended after the eXPiratin'Eiar,an ar termj-
nation of this lease in restoring the premises to the cond..iti.on requ y.o itJ~' hl~.Ii.
hereof. Comp2nsation slutll be made payable to the Treasurer t i d ~t.b d,aA
forwarded by the lessee direct to
2. T11i' as of the commencement date of this lease, an inventory and condition report
of all pe 0 p+>pef!Y~1idfnn;avements of the Government included in this lease shall be
made by e reT!lteiv otjrht overnment and a representative of the les~ee to reflect the
then present condition 0 sailt operty. A copy of said inventory and condttion report shall
be attached hereto and become a par:thereof, as fully as if originally incorporated herein. At
the expiration, revocation, or termination of this lease a similar inventory and condition report
shall be prepared and submitted to the Engineer,
hereinafter designated as "said officer," said
inventory and condition report to constitute the basis for settlement by the lessee with said
officer for leased property shown to be lost, damaged, or destroyed, fi\Y~UtP['tI t,.
either replac.cd or restored to the condition required by Condition l(!!J. re 'f . t e
election of the Government reimbursement made therefor by the lessee a e en c rre
market value thereof.
3. Tlutt the lessee luts inspected and knows the condition of the le.ased property, and
it is understood tlutt the same is hereby leased without any representation or warranty by
the Government whatsoever, and without obligation on the part of the Government to make
any alterations, repairs, or additions thereto.
4. Tlutt, subject to the limitations of Condition No. 20 hereof with respect to the restora-
tion of the property, all portions of the leased property slutll at all times be protected and
maintained in good order and condition by and at the expense of the lessee.
5. Tlutt the lessee shall neither transfer nor assign this lease or any property on the
demised premises, nor sublet the demised premises or any part thereof or any property
thereon, nor gran~ any interest, privilege, or license whatsoever in connection with this lease
without permission in writing from the said officer,
6. That the right is hereby reserved to the United States, its officers, agents, and employees
to enter upon the said premises at any time for the purpose of inspection and inventory and
~when otherwise deemed necessary for the protection of the interests of the Government, and
. the lessee shal( have no claim of any character on account thereof against the United States
or any officer, agent, or employee ther,eof. . '. ,
7. Tlutt the United States slutll not be respo,nsible for damages to property or injuhes to
persons which may arise from or be incident to the use, and occupation of the said premis-es,
or for damages to the property of the lessee, ~U.~'8..}(;RA~~~XtJ.~~xMJ.iMIK
inc6lK~ or' for damages to the property or injuries to the person of the lessee's officers,
agents, servants, or employees, or others who may be on said premises at their invitation
or the invitation of anyone of them, arising from governmental activities, and the lessee shall
hold the United States lutrmless from any and all such claims.
8. That the lessee slutll at all times exercise due diligence in the protection of the demised'
premises against damage or destruction by fire and other causes.
9. That. any property of the United States damaged or destroyed by the lessee incident to
the lessee's use and occupation of the said property shall be promptly repaired or replaced by
the lessee to the satisfaction of the said officer, or in lieu of such repair Or replacement the
lessee shall, if so required by the said officer, pay to the United States money in an amount
sufficient to compensate for the loss sustained by the United States by reason of damages to
or destruction of Government property. .
10. That the lessee shall cut no timber, conduct no mining or drilling operations, remove
no sand, gravel, or kindred substances from the g1.ound, except in the exercise of mineral rights
he1'etofore reserved to the record owne1' thaeof, commit no waste of any kind, or in any manner
substantially change the contour or condition of the property hereby leased, except changes
l'equ:ired in carrying out soil and water conservation measures.
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'II. That the lessee shall comply with all applica.ble lalt'S, ordinances, and regulations of
the State, county, and municipality wherein the sai(l demised premises are located, with regard
to construction, sanitation, licenses or permits to do business, and all other matters.
12. That the lessee shall not construct any perrM.nent structw'e on the said demised
premises, and shall not construct any temporary structure Or advertising sign thereon with-
out the prior written consent of the said officer,
19. That the lessee. shall 12. aDO the proper authority, when and as the same becomes due
and payaiA 4[ t.xeC aslesl~e , and similar charges, which at any time during the term
of this leab) tfu l2! ~ef, ~~e .'I 'd or imposed upon the Government or upon the lessee with
respect to or upon the leased premises. In the event any taxes, assessments, Or similar charges
are imposed with the consent of the Congress upon property owned by the Government and
included in this lease (as opposed to the leasehold interest of the lessee therein). this lease
shall be renegotiated so as to accomplish an equitable reduction in the rental provided above,
which shall not be greater than the difference between the amount of such taxes, assessments,
or similar charges and the amount of any taxes, assessments or similar charges which were
imposed upon such lessee with respect to his leasehold interest in the premises prior to the
granting of such consent by the Congress,. provided that in the event that the parties thereto
are unable to agree within 90 days from the date of the imposition of such taxes, assessments,
or similar charges, on a rental which in the opinion of the said~~er constitutes a reason-
able return. to the Govern.ment on the leased property, then. in su nt~th€at7fOf!ef~ll
have the rtght to determtne the amount of the rental, whtch de na on~ha' blbt1ng
on the lessee subject to appeal in accordance with Condition No. 14 of This ease. '
14. (a) That, except as otherwise provided in this lease, any dispute concerning a ques-
tion of fact arising under this lease which is not disposed of by agreerrl:ent shall be decided by
the said officer, who shall reduce his decision to writing and mail or otherwise furnish a copy
thereof to the Lessee. The decision of the said officer shall be final and conclusive unless, with-
in 90 days from the date of receipt of such copy, the Lessee mails or otherwise furnishes to the
said officer a written appeal addressed to the Secretary of the Army. The decision of the Sec-
retary or his duly authorized representative for the determination of such appeals shall be final
and conclusive unless determined by a court of competent jurisdiction to have been fraudulent,
or capricious, o-r arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not
suppo-rted by substantial evidence. In connection with any appeal proceeding under this con-
dition, the Lessee shall be afforded an opportunity to be heard and to offer evidence in support"
of its appeal. Pending final decision of a dispute hereunder, the Lessee shall prooeed diligently
with the performance of the contract and in accordance with the said officer's decision.
(b) This Condition does not preclude consideration of law questions in connection with
decisions provided for in paragraph (a) above: Provided, that nothing in this Condition shall be
construed as making final the decision of any administrative official, representative, or board on
a question of law.
15. That this lease ma.y be terminated by the lessee at any time by giving to the Secretary
of the Army, through the said officer, at least ten (10) days' notice thereof in writing:. fIM1!-
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~)l,X~xlR:uxxp:niN.1{JtBxfXrexKiIDt1J,JcxNcexril1.}&::{)t*KXK~1!.~lx.kft~~~x~~ll~~ftkif(tJ;
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16. That the use and occupation of the premises leased hereby shall be subject to the
general supervision and approva.l of the officer having immediate jurisdiction over the property
and to such rules and regulations as rM.y be prescribed by him from time to~ time.
17. That the lessee shall pay the cost, as determined by the officer. having immediate
jurisdiction over the property, of producing and/or supplying any utilities and other services
furnished by the Government or through Go'uernment-owned facilities for the use of the lessee,
including the lessee's proportionate sha7'e of the cost of operation and maintenance of the Gov-
ernment-owned facilitieg by which such utilities or services are produced or supplied.. The
GOt'ernment shall be under no obligation to furnish utilities or services. Payment shall be
made in the method prescribed by the officer having immediate jurisdiction over the property,
upon bills re7J.dered monthly.
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18. 6a~1' SUE}~itatj~~. e lessee is in possesi:;ion of the leased }Jroperli; }Jllri:;uant to
the pro v i 1 a~d cdi io ~ 0 lis lease the lessee shall procure and maintalll at its cost a
standard .'e (lnLe ten cd .f.Ol e 1ge insurance policy or policies on the leai:;ed }))'operty to
the full insura )levalue thereof. The lessee shall procure such insurance from allY responsible
company or companies, and furnish either the original policy or policies or certificate of in-
surance or certificates of insurance to the District Engineer. The policy 0)' TJOlicies evidenc-
ing such insurance i:;hall provide that in the event of loss thereunder the proceeds of the policy
or TJOlicies, at the election of the Government, shall 1)(' payable to the lessee to be used solely
for the repair, -restoration or rel!lar'eJlu:nt of the pro/)(')"ty (/(mwged 01' destroyed, any balance of
the IJ1'occeds not required for the repair, restoration,.or replacement of the }Ji'operty damaged
01' destroyed to be paid to the (;m'ernment, and that in the erellt the G01'eI'n7lU'ilt does not elect
by notice ill /I-ritinf}.to the insurer /I'ilhin 60 days after the daJlw[je 01' desthlction occurs to
JutV(' the proceeds paid to the lessee for the lllo'poses hereiilabol'{> set forth, then such proceeds
shall be paid to the Government, provided, JwweL'er, that the insurer, after payment of any
proceeds to the lessee in accordance with the J!I'O'Visions of thQoE.Y(Jr Ei~. .s€afJave no
obligation or liability with respect to the use or dispositim f he }Jree ~ lessee.
Nothiny herein contained i:;hall be construed as an oMioatioJ! )() h ~ ~..erml t repair,
restore, or replace the leased property, or any paTt thereof-
19. That no Member of or Delegate to Congress or Resident Commissioner shall be
admitted to any share or part of this lease or to any benefit to arise therefrom. Nothing,
however, herein contained shall be construed to extend to any incorporated company, if the lease
be for the gimeral benefit of such corporation or company,
20.' That, on or before the date of expiration of this lease or its telmination by the lessee,
the lesse()(ufE' at iE11Eaahe leased property, remove the property of the lessee there-
from, anf!)ef01...U 'le se p rty to as good order and condition as that existing upon the
date of commencem 0 t ~ t of this lease, less ordinary wear and tear and damage to
the leased property covered by insurance and for which the Government shall receive or has
received insurance funds in lieu of having the damaged property repaired, replaced, or
restored. If, however, this lease is revoked, the lessee shall vacate the leased property, remove
the property of the lessee therefrom, and restore the leased property to the ~ondition aforesaid
within such time as the Secretary of the Arm y may designate. In either event, if the lessee
shall fail or neglect to remove the property of the lessee and so restore the leased property,
then, at the option of the Secretar;y of the Army, the property of the lessee shall either become
the property of the United States without compensation therefor,s tttrttar.jf~e~rmy
may cause it to be removed and the leased property to be so re t r tee e the
lessee, and no claim for damages ayainst the United States or . cae s I be
created by or made on account of such removal and restoration work.
20 (ALTERN ATE). That, on ()T before the date of expiration of this lease or its termina-
tion by the lessee, the lessee shalll'acate the demised. premises, remove the property of the lessee
therefrom, and restore the premises to as good 0 rder and condition as that existing upon the date
of commencement of the term of this lease, damages beyond the control of the lessee and due to
fair wear and tear excepted. If, howe1'er, this lease is revoked, the lessee shall vacate the
premises, remove said property therefrom, and restore the premises to the condition aforesaid
within such Ume as the Secretary of the Army may designate. In el:ther event, if the lessee
shall fail or neglect to remove said property and so restore the premises, then, at the option of
the Secretary of the Army, said property shall either become the property of the United State,~
without compensation therefor, or the SecretalY of the Army may CaltSe it to be removed and
the premises to be restored at the expense of t he lessee, and no claim for damages against the
United States or its officers or agents shall be created by or made on account of such removal
and restoration work.
21. That if more than one lessee is named in this lease the obligations of said lessees
herein contained shall be joint and several obligations.
22. That, except as otherwu;e specifically provided, any reference herein to "Division
Engineer", "District Engineer" or "said officer" shall include hu; duly appointed successors
'lnd his authorized representatives.
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'2J. That all notices to be given pursuant to this iease shall be add?'essed, if to the lessee to
Board of County Conunissioners, t,lonroe COUll ty, ~Ionroe County Courthouse, Key
West, Florida 33040
,. if to the Government to the
District Engineer, U. S. Army Engineer District, Mobile, P. O. Box 2288,
Mobile, Alabama 36628
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or as may from time to time otherwise be directed by the pa.rties. Notice shall be deemed
to have been duly given if and lchen inclosed in a properly sealed e/H'elope, or wrapper, addressed
as aforesaid and deposited postage prepaid (or; If mailed by the Government, deposited under
its franking privilege) in a post office or branch post office l'egulady maintained by the United
States Government.
24. The lessee warrants that no person or selling agency has been employed or retained
to solicit or secure this lea.se upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona tide employees or bona tide established commercial
or selling agencies maintained by the le~see for the purpose of securing business. For breach
or violation of this lcarranty the Government shall have the right to annul this lease without
liability or in its discretion to require the lessee to pay, in addition to the lease rental or
consideration, the full amount of such commission. percentage. brokerage, or contingent fee.
25. That in the event the L'nited States revokes this lease or in any other manner materially
reduces the area covered thereby prior to the date of expiration thereof, an equitable adjust-
ment in the rental paid or thereafter to be paid under this lease shall be made: Provided,
however, that this prouision shall n~t apply in the event of revocation because of a breach
by the lessee of any of the terms and conditt"ons of this lease.
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26. That consideration to the United States for the lease is ONE DOLLAR
($1.00) for the full term, the receipt and sufficiency of which is llereby
acknowledged, and maintmlance, repair, protection and restoration of the
premises by and at the sole expense of the lessee.
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That prior to execution of thl~~ lease conditions were deleted, revised and added tn the
following manner:
Conditions Nos. 1, 2, 13, 18 and 20(First) were deleted; Conditions Nos.
7 and 15 were revised; Condition No. 26 was added.
This lease is not subject to Title 10, United States Cod~, Section 2662.
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IN WITNESS WHEREOF I have hereunto set my hand by authority of the Secretary
of the Army tM, 17th MY of sePt(D~ 19 79. . /
Om/AlO l. BURCHrn~~
Chief, Real Estate Division
U. S. Army Corps of Engineers
Jacksonville, Floridn District
THIS LEASE is also executed by the lessee this 14th . day of August
BOARD OP COUNTY ctMnSSIONERS .
MONROE COUN1Y. PLORIDA
By: DortfZ4
Title: Chairman
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Signed~nd sealed'in the presence of:
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