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Resolution 201-1979 RESOLUTION NO. 201_1979 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AMENDMENT TO THE LEASE BY AND BE- TWEEN THE COUNTY OF MONROE, STATE OF FLORIDA, AND THE KEY WEST ART AND HISTORICAL SOCIETY DATED THE 18TH DAY OF JULY, 1978, TO PROVIDE FOR AN ADDI- TIONAL PARCEL OF LAND. WHEREAS, the Board of County Commissioners of Monroe County, Florida, entered into a Lease by and between the County of Monroe, State of Florida, and the Key West Art and Historical Society dated the 18th day of July, 1978, which Lease provided for the leasing of certain properties owned by Monroe County, Florida, for the operation of an historical museum, and WHEREAS, said parties desire to amend said Lease to provide for an additional parcel of land, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COr~ISSIONERS OF MONROE COUNTY, FLORIDA, as follows: 1. The Chairman of the Board of County Commissioners of Monroe County, Florida, is hereby authorized to execute an amendment to the Lease by and between the County of Monroe, State of Florida, and the Key West Art and Historical Society dated the 18th day of July, 1978. 2. The Lease made between the County of Monroe, State of Florida, and the Key West Art and Historical Society dated the 18th day of July, 1978, a copy of which is 'attached hereto and made a part hereof, is hereby amended to include in addition to the original legal description of the leased premises the additional parcel of land described as follows: A parcel of land being a part of East Martello Towers recorded in Plat Book 1 at Page 31 of the Public Records of Monroe County, Florida, and said parcel lying Easterly and adjacent to the parcel of land leased to the Key West Art and Historical Society, and being more particularly described as follows: Page 1 of, 2 Pages BOOK 10 T II q-\~ ::1~ PAGE~ 3 .I. APPROVED ON r .b.... 273 Commence at a point being the most Southeasterly point of said parcel of land leased to the Key West Art and Historical Society. Thence N 69051'24" East along the Northwesterly right of way of Roosevelt Boulevard for a distance of 170 feet to a point. Thence N 03059'32" West for a distance of 166 feet to a point. Thence S 86000'28" West for a distance of 325 feet more or less to a point. Thence S 58035'40" East for a distance of 156.15 feet to a point. Thence S 21002'20" East for a distance of 129.22 feet back to the point of beginning. BE IT FURTHER RESOLVED BY SAID BOARD that said Board of County Commissioners of Monroe County, Florida, further agrees that all other terms and conditions of the attached Lease shall remain in full force and effect. DATED September 18, 1979. COUNTY COMMISSIONERS "COUNTY, FLORIDA By (Seal) Page 2 of 2 Pages 2-7Lf LEA S E THIS INDENTURE, Hade and entered into, in duplicate, this 18th da y 0 f Julv , A.D. 1978, by and between the COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of Florida, hereinafter called the Lessor, which term shall include its legal representatives, successors and assigns wherever the context SO requires or admits, of the first part, and KEY viliST ART AND HISTORICAL SOCIETY, a non-profit.corporation organized and existing under the laws of the State' of Florida, hereinafter called the Lessee, which term shall include its legal representatives, successors and assigns wherever the context so requires or admits, of the second part, HITNESSETH, that the Lessor by these presents leases unto said Lessee the following described premises, situate, lying and being in the City of Key Hest, County of Monroe, and State of Florida, to-wit: Commencing at the intersection of the Easterly property line of Meacham Field and the Northerly R/H line of South Roosevelt Boulevard, both. as existing January 5, 1956; thence S 08057'40" 1:J along said Northerly R/U line, 596.11 feet to the POINT OF BEGINNING; thence N 24001'10" H 129.22 feet; thence N 58035'40" W, 156.15 feet; thence S 58005 '00" H, 225.90 feet; thence S 04012'20" H 142.92 feet, to the Northerly R/W line of South Roosevelt Boulevard; thence in an Easterly direction along said Northerly R/W line 394.6 feet, more or less,. to the Point of Begin- ning. , TO HAVE AND TO HOLD the premises as aforesaid unto the said Lessee from the 8th day of April, A.D. 1978, for a term of twenty (20) years then next ensuing, said lease being under the following terms and conditions: 1. The Lessee yielding and paying unto the said Lessor the total rental of Twenty Dollars ($20.00) for the term of twenty (20) years, said sum to be payable as follows: a. $1.00 payable upon the execution and delivery of this Lease, which sum is to cover the yearly rental for the first year of this Lease, and $1.00 on the 8th day of April, A.D. 1979, and ~age 1 of 4 Pages H \ 0 215 $1.00 on the 8th Jay of April each and every year during the remainder of the term of this Lease. ' 2. It is further understood and agreed by and between the Lessor and the Lessee that the Lessee will: a. Use said premises as an historical museum and art gallery. b. Pay the rent herein reserved at the time and in the manner as stated herein, c. Make no improper, unlawful or offensive use of said premises, d. Will pay any and all charges for ordinary maintenance and care of the premises, but the County shall from time to time pay for and make any major repairs that it may deem advisable to the premises. e. Permit the Lessor or its agent to enter upon the leased premises at all reason- able times for the purpose of viewing and inspecting the condition thereof. f. During the term of this Lease take out the necessary liability insurance to save and keep the Lessor harmless against any and all liability resulting from injuries to person or property on or about the leased premises by reason of its occupancy or use thereof. g. At the expiration of the term of this Lease, without demand, quietly and peaceably de- liver up full possession of said premises in as good condition as they now are, damage or destruction by fire and the elements only excepted. 3. The Lessor hereby covenants with the Lessee upon the performance by the Lessee of the covenants and agreements hereinbefore set forth that the Lessor will permit the Lessee to quietly hold and enjoy the demised premises without any interrup- tions by the Lessor or by any person or persons claiming by, through or under it. 4. It is mutually understood, covenanted and agreed by and between the parties hereto as follows: a. That default on the part of the Lessee for a period of thirty (30) days in making any of the payments of rent herein reserved from the date the same shall severally be- come due and payable shall immediately and thereupon terminate any and all of the rights of the Lessee under this Lease. Jage 2 of 4 Pages L... 7 to 5. It is also 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 His- torical Commis s ion, the Lessee vli 11 operate its museum and art gallery in accordance with the law creating said Commission and/or Rules and Regulations to be adopted by said Commission, 6. It is further mutually understood, covenanted and agreed by and between the parties hereto that, in the event the Lessee ceases to operate an historical museum and art gallery, then and in that event this Lease shall become null and void and of no force and effect. 7. It is mutually understood and agreed by the Lessor and Lessee that if during the term hereof, the demised premises or any part thereof shall be required by Lessor for any lawful pur- pose, particularly including the use there6f for Cou~ty purposes, then, and in.that event, the Lessor may, upon thirty (30) days, written notice to Lessee, terminate this Agreement and said prop- erty shall be delivered up to the Lessor in the same condition as it now is. IN WITNESS WHEREOF, the party of the first part has caused these presents to be signed in its name by the Chairman of its Board of County Commissioners and its seal to be affixed, attested , by the Clerk of the Circuit Court of the Sixteenth Judicial Cir- cuit of Florida, in and for Monroe County, and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida, and the party of the second part has caused these presents to be signed in its name by its President and attested by its Secretary in duplicate, all as of the 18th day of July ,A.D. 1978. .-'- COUNTY OF MONROE, STATE OF FLORIDA .~ B~/ /' , ./- ~ /.r"~~-r.~_"'7~~- /'1'ad~ .-' ayor/cfhd Chairman o~ Board of County Commissioners of Monroe County, Florida , , , (Se al) At te s t : _._- .....d. ,)" ,..- i . , \~J, . ~~i:'/.{/~ ,~ / c/ . ..?- '\~<>/ Clerk' (} ;he' ircuit Court or the Sixteenth Judicial Circuit of Florida, in and for Monroe County, and Ex Officio Clerk of the Board of County Commissioners of Monroe County, Florida. Page 3 of 4 Pages 271 (Seal) Attest: '-) JL t. -!.~'1 l. I' _) .~r-' /(' /, ( //'. .',_ 4-.--, f::. _ ~< 'I _ { / ,., Secretary KEY WEST ART AND HISTORICAL SOCIETY By ~~~ Presi t I HEREBY CERTIFY that this document has been reviewed for legal suffi- c:ency Clnd that the same meets with my approval. ,. -) . // ' /"7" /'./ /// ::- By //-- j'-~/>,/." (> ~ Attorney's Office Page 4 of 4 Pages L"1~ .