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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: ) .7 ;~ /(-'7/'" ~ ..;/'- ~). '-'~' --' ( ';7 . ~ 56'/;( '---, er /.h"RROVF.D AS /() t::CRM ANDUG:4L SUlFfCH::NCV 'f1lI _~"'_._,.,.'~.._,._,"'~.,..,_, _, J"'ttf("lr/'\i!i>\, '$ Oil!' ~\ I '. ~.. \ ~.r)~___~---,_.~,-_" A.PPRO\!ED ON.__---- -- , \)\0 \\ T I' eAGE,...,.~~ '" -.'-' -~,. cnOK ' ..-- iilW'. ~.-. ,~l'f'::"~.r.'~ () ~ .. ;'.,,;. . ,,~ Jg7 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 WHICH IS OBSOLETE (ER 405-1-830) J:~ ,.">:...-. ,;~ .,....., ,... ~ :'7~~"'''' " ,,\:,,'" " i-~;'r". ':' If, ,~;.. " i".....""".~ :..~':,.... ~:'Jo~ :\ t~~~.~~~~~,; , ,.~-: ~ r';~v'" . :~', 'fR<t 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. 2 __ 1 , ' ~"~.'){"::~.'; :>.\' . ~ ~ ;~t<ll:'" ~~,.,.~.... ,~ '. ...."",' , >:t;;"'>:1I , '1."":/'" (;~pr~ ~~:"...~ ., ;,......~. ....c'jlloJ" t~"'(.f'I#l:., ::...., . f~ '~ '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!- :mi1l.Kfi.tJcaJxX1t2mX!l{l!f.:(}(Klx1..~iootm~1tn1l~~~~W~~f(k-H!j{x1X!M.fJJxtJJ&~W9.x~ X{KliJixMxr1kiJKxmR<<It,X{l1l.r1:>rnYJri-ri-"Odxf..K~xxRWxmxtlMx~;tJ!~~~mtxiJtfti:~~t..~<<tc~ ~)l,X~xlR:uxxp:niN.1{JtBxfXrexKiIDt1J,JcxNcexril1.}&::{)t*KXK~1!.~lx.kft~~~x~~ll~~ftkif(tJ; xblwc~~<<xooxfB:m1lc.~x1t^fi.t"(1Xliitm~x<<-N.X~ . 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. 3 ';':f.,...~~"'~i;: 3-. , ,,. ( ........ "... ~~.io,.;.. . ~,_.~, ' ,t;.::,;..:,...., ~ 'g..'.". ~~ - "~ ':-;-"'", ~s. ",~.; ~~~ii~~:~ . '.1L:i;;:tr"'iI' ' ~~;~.\ .., ,. -, ~.9."'O'''' ',,: ;~.., , , .. .~ ~ ~" I ) . ..: .. '~, ",:,;,,!;#~z~ ""'" ../- '". 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. ,:-~/,:,,~~~.iti "t.,:/-(" -Pll,,.' .~~f1."i:..'; ':""'~~,.~ ~'-.~'f:.:;" ;~\t.-;~ ~ "'~~t.~~ ~~~ _t{~ :~":r ~ i ...-:-},.,..) ~t,;~~ _1(1, ~... ~...~. '" 4 1 '11 J. '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 (;.t.:J'.~,;... ::""~_h~' ~~, ~ 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. ;:'7~t:'~~~.._ .,.<;.,,' 'i~~';,"'<" ~:~~~q~: ~~~;~~t:' 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. ;..a'~.~~~" "'\:~~: ,. _ .0; _;,.... ~.." . \, 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. 5 . ~'.,~';;:-....-..-,.~':JIti~~ ',,'~~1\"'..' ."""l 0... ~. , "rty~ 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 __.__.~..___.__.___n____~~__________._______________ ,19 79. .--:~ ~ Signed~nd sealed'in the presence of: / y . ..~ )1- < ~7~:;;;:ct7S(<nm:_.- -' * u.s. GOVERNMENT PRINTING OfFIC~ 1968--Q-304-3s.t" 4924 6 .\ . .i........ \~ 3