Resolution 219-1979
RESOLUTION NO,219 ~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 MARATHON CHAPTER #122 DISABLED AMERICAN VET-
ERANS, INC" TO PROVIDE FOR AN ADDITIONAL PARCEL
OF LAND.
WHEREAS, the Board of County Commissioners of Monroe
County, Florida entered into a Lease Agreement by and between
the County of Monroe, State of Florida, and the Marathon
Chapter #122 Disabled American Veterans, Inc., dated the
1st day of October, 1978, which Lease Agreement provided
for the leasing of certain properties owned by Monroe County,
Florida, for the purpose of constructing a club house for
use of Lessee's members and guests, and
WHEREAS, said parties desire to amend said Lease Agree-
ment to provide for an additional parcel of land, now, there-
fore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 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 Agreement by and between the County
of Monroe, State of Florida and the Marathon Chapter #122
Disabled American Veterans, Inc" dated the 1st day of October,
1978,
2. The Lease Agreement made between the County of
Monroe, State of Florida, and the Marathon Chapter #122 Dis-
abled knerican Veterans, Inc, , a copy of which is attached
hereto and made a part hereof, is hereby amended as follows:
DELETE:
Beginning at the southwesterly corner of the
Marathon Air Strip, bear North along the
westerly line thereof 150.00 feet; thence
bear North 67 degrees, 51 minutes, 00 seconds
,Page 1 of 3 Pages
APPROVED ON
~'~S-I\ ~
BOOK
~'1" I I
eAGE
\ ~ \
351
East 250.00 feet; thence bear South 150.00
feet to a point on the Southerly line of
said Marathon Air Strip; thence bear South
67 degrees, 51 minutes, 00 seconds West along
the Southerly line of said Marathon Air Strip,
250,00 feet back to the Southwesterly corner
thereof, and place of beginning, and contain-
ing 0,797 acres of land.
ALSO DESCRIBED AS
Starting at the S.W, corner of the airport,
proceed N67057'E, 28', to a point on the south
line of the airport which shall be the point
of beginning, thence NOoo02'30"E along a line
parallel to the west line of the airport 150',
thence N6705l'C 250', then south 150' SOOo02'30"
to a point on the south line of the airport
S6705l'W thence 250' back to the S.W, corner
of the airport, the point of beginning.
ADD:
Beginning at the Southwesterly Corner of the
Marathon Airstrip, bear North along the Westerly
Line thereof 150.00 feet; thence bear North
67 degrees, 51 minutes and 00 seconds East,
313.54 feet; thence bear South, 150.00 feet to
a point on the Southerly Line of said Marathon
Airstrip; thence bear South 67 degrees, 51
minutes and 00 seconds West, along the Souther-
ly line of said Marathon Airstrip, 313.54 feet
back to the Southwesterly Corner thereof, and
place of beginning, and containing 1.000 acre
of land.
ALSO DESCRIBED AS
Starting at the S.W. Corner of the Airport,
proceed N 67 degrees 57 minutes E, 28 feet,
to a point on the South Line of the Airport
which shall be the point of beginning, thence
North 00 degrees, 02 minutes and 30 seconds
East along a line parallel to the west line of
the airport, 150 feet; thence bear North 67
degrees and 51 minutes East, 313.54 feet; thence
south, 150 feet SOO degrees, 02 minutes and
30 seconds to a point on the South Line of
the Airport South 67 degrees, 51 minutes West
thence 313,54 feet back to the S,W. corner
of the Airport, the point of beginning.
BE IT FURTHER RESOLVED BY SAID BOARD that said Board
of County Commissioners of Monroe County, Florida, further
Page 2 of 3 Pages
35z
agrees that all other terms and conditions of the attached
Lease Agreement shall remain in full force and effect.
DATED September 25, 1979.
BOARD OF COUNTY COMMISSIONERS
OF MONROE
By
(Seal)
Attest:
~..//) ,y~/?
~;/ 6fi{C ;~~>
Af'J'ROVEl> A$ ro FORM
AND ~EGAL SUFFiCIENCY,
~(irf /
ay " ~ 7' ~ .
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Page 3 of 3 Pages
35:)
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LEASE AGREEMENT
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THIS LEASE AGREEMENT, Made and entered into this 1st
day of
October
1978, by and between the COUNTY
OF MONROE, STATE OF FLORIDA, a political subdivision of the
State of Florida, hereinafter called the Lessor, and the
MARATHON CHAPTER #122, DISABLED AMERICAN VETERANS, INC,
hereinafter called the Lessee:
WIT N E SSE T H:
That the Lessor hereby leases that certain property de-
scribed in Exhibit "A" hereto and made a part hereof, located
in
Monroe County
Florida, subject to the
following conditions and limitations which the parties mutually
agree shall apply:
1,
TERM.
The period of this lease shall be from
the date first set forth above until
September 30, 1998,
unless sooner terminated in accordance herewith.
2.
RENTAL.
The Lessee covenants and agrees to pay the
Lessor in advance as rent for said property during the said term
of this lease,
One ($1. 00)
Dollar per
year, and thereafter in advance on the anniversary date of each
year during the term of this lease, Delinquent payments shall be
subject to an automatic and progressive TEN percent delinquent
charge.
3.
RULES AND REGULATIONS.
The Lessee agrees to strictly
execute, comply with and abide by all applicable rules, regulations
and directives of the Lessor as presently existing or as may be
promulgated, changed or amended from time to time, and it shall be
the duty of the Lessee to become and remain informed and familiar
with the same as promulgated, changed or amended, which by refer-
ence are hereby made a part hereof. Failure or refusal to comply
or abide with the provisions of this article shall be cause for
termination of this lease,
Page 1 of 9 Pap,es
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.
4. PERSONAL PROPERTY. All personal property placed or
moved in or on the premises above described shall be at the risk
of the Lessee or owner thereof, and Lessor shall not be liable for
any damage or loss to said personal property for any. act of negli-
gence of any co-Lessee or occupant, or of any other person whomso-
ever,
5, SAFETY, CORRECTION, ETe, The Lessee shall promptly
execute and comply with all statutes, ordinances, rules, orders,
regulations, directives and requirements of the Federal, State,
County and City Governments and of any and all of their depart-
ments and bureaus, applicable to said premises for safety and cor-
rection, prevention and abatement of nuisances or other grievances,
in, upon, or connected with said premises and its operation,
6. DEFAULT. A. The prompt payment of the rent for sai0
premises upon the terms named, and the faithful observance of the
rules, regulations and directives which are by reference made a
part hereof, and of such other and further rules, regulations and/
or directives as may be hereafter made by the Lessor are the condi-
tions upon which the lease is made and accepted, and any failure
on the part of the Lessee to comply with the terms of this lease,
or any of said rules and regulations or directives, now in exis-
tence, or which may hereafter be prescribed by the Le~sor, shall
at the option of the Lessor, work a forfeiture of this lease, and
all of the rights of the Lessee hereunder, and thereupon the Les-
sor, its agents or employees shall have the right to enter said
premises, and remove all persons and property, if desired, there-
from frocibly or otherwise, and the Lessee hereby expressly waives
any and all notice required by lffiv to terminate tenancy, and also
waives any and all legal proceedings to recover possession of said
premises, and expressly agrees that in the event of a violation of
any of the terms of this lease, or of said rules, regulations or
directives, now in existence, or which may hereafter be made, said
Lessor, its agents or employees may immediately re-enter said
Page 2 of 9 Pages
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prenlises and dispossess Lessee without legal notice or the insti-
tution of any legal proceedings whatsoever.
B. In addition to the acts of default elsewhere
defined, the commission of any of the following acts by the Lessee
shall constitute a default, and this lease may be terminated by
the County immediately upon notice in writing to the Lessee:
Abandon, desert, vacate or discontinue operations on the premises
or petition for any bankruptcy or insolvency, or be adjudicated
bankrupt, or make a general assignment for the benefit of credi-
tors, or suffer a lien to be filed against the premises, or permit
a receiver or trustee to come into possession without removing
them, within a reasonable time.
7, COSTS M~D ATTORNEY'S FEES. Lessee aerees to pay all
costs and expenses and a reasonable attorney's fee in the event
legal action is taken by the Lessor because of any violation of
the terms of this lease or of any code section, ordinance, regula-
tion or rule applicable to the Lessee's use of the premises includ-
ing but not limited to those governing the payment of rent,
8, FIXTURES. The said Lessee hereby pledges and assigns
to the Lessor the fixtures, and goods and chattels of said Lessee,
which shall or may be brought or placed on said premises as security
for the payment of the rent herein reserved, and the Lessee agrees
that the said lien may be enforced by distress foreclosure or other-
wise at the election of the said Lessor, and does hereby agree to
pay all costs and charges therefor incurred by the Lessor,
9. ENTRY, The Lessor, or any of its agents, shall have
the right to enter said premises during all reasonable hours, to
examine the same as may be deemed necessary for the safety, comfort
or preservation thereof, and to determine if Lessee is in compli-
ance with all of the aforementioned rules, regulations, directives
and otheDvise.
10, CONDITION OF PP~MISES. A. The Lessee acknowledges
and agrees that he has examined the premises, and is fully advised
Page 3 of 9 Pages
~b
of the condition and location thereof, and the limitations and
restrictions placed on any building, structure or other object as
to height, due to the proximity of the landing and takeoff areas
of the Airport. Lessee further agrees to abide by and observe
all such restrictions and limitations, and agrees that the obser-
vance of such limitations and restrictions, whether by municipal,
county, state or federal governmental authority, shall not in
anywise affect the Lessee's obligations under this lease,
B. Lessee hereby accepts the premises in the condi-
tion they are in at the beginning of this lease and agrees to
maintain said premises in the same condition, order and repair as
they are at the commencement of said term, excepting only reason-
able wear and tear arising from the use thereof under this agree-
ment, Lessee further agrees to make good to said Lessor immedi-
ately upon demand any damage caused by any act or neglect of Les-
see, or of any person or persons whomsoever, including but not
limited to employees, guests, passengers, or persons under the
control of the Lessee, and the Lessee shall be liable to the Les-
sor and shall forever hold harmless the Lessor from any and all
such damage or loss occasioned by the premises, or any of its
other properties caused by the acts or negligence of the Lessee
or any person or persons whomsoever including but not 'limited to
employees, guests, passengers, or persons under the control of
the Lessee. There is no warranty of any kind as to the condition
of the property nor shall the Lessor be responsible for injuries
to persons or property occurring upon the Lessor's property for
any reason.
11. LIABILITY. It is expressly agreed and understood by
and between the parties to this agreement, that the Lessor shall
~age 4 of 9 Pages
357
.
not be liable for any damage, loss or injury which may be sustained
by the Lessee or other person or for any other damage, loss or
injury resulting from the carelessness, negligeDce or improper con-
duct on the part of any other Lessee or agents, or employees in or
on or about the said premises.
12.
RELEASE,
The Lessee does hereby forever release and
discharge the Lessor, its departments, agencies, agents and author-
ized personnel from any and all 'liability that has or may result
from or be suffered by the Lessee arising out of or in connection
with this lease, and the Lessee's operation hereunder.
13.
CLAINS,
The Lessee shall defend, payor settle any
and all liability, demands and claims by or in favor of any person
including, but not limited to, the Lessee's agents, servants or
employees, against the Lessor, its departments, agencies, And
authorized personnel arisin~ out of, or in connection with this
lease or the Lessee's operation hereunder, and to forever hold
harmless the Lessor, its departments, agencies, agents and personnel
from any such liabilities, demands or claims asserted by any of
the aforedescribed, including cost of suit, attorney's fees, and
any other expenses in connection thereVlith, and to payor settle
any claims for the injury, loss or damage to personnel or property
of or under the control of the Lessor arising out of this contract
or the Lessee's operation hereunder.
14,
INSURANCE.
The Lessee shall carry and provide dur-
ing the term of this contract, at Lessee's expense, liability,
protective and indemnity insurance covering the Lessee's opera-
.
tions, and such other operations of the Lessee in and about the
Lessor's property, subject to the approval of the Lessor, and such
other insurance coverage as may be requested by the Lessor. Said
insurance shall be with a company with a Best's Insurance Guide,
Latest Edition, rating of A:AAA or better, and a certificate of
insurance shall be furnished the Lessor in an amount not less than
$100JOOO/$300,000, Any and all of said insurance to be non-cancel-
lable without a thirty-day written notice of cancellation first
being ~iven to the Lessor,
Page 5 of 9 Pages
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.
15.
INSOLVENT, ETC,
If the Lessee shall become insol-
vent or if bankruptcy proceedings shall be begun by or against the
Lessee before the end of said term, the Lessor is hereby irrevo-
cably authorized at its option, to forthwith cancel this lease,
as for a default, Lessor may elect to accept rent from such re-
ceiver, trustee, or other judicial officer during the term of this
occupancy in their fiduciary capacity without affecting Lessor's
rights as contained in this contract, but no receiver, trustee or
other judicial officer shall ever have any right, title or interest
in or to the above described property bv virtue of this contract.
16.
HEIRS AND ASSIGNS.
This contract shall bind the
Lessor and its assigns or successors, and the heirs, assigns,
administrators, legal representatives, executors or successors as
the case may be, of the Lessee.
17.
TUiE OF THE ESSENCE,
It is understood and agreed
between the parties hereto that time is of the es~ence of this
contract and this also applies to all terms and conditions con-
tained herein,
18,
RIGHTS,
The rights of the Lessor under this lease
shall be cumulative and failure on the Dart of the Lessor to exer-
"
cise promptly any rights given hereunder shall not operate to for-
feit any of the said rights.
19.
SIGNS OR ADVERTISING.
It is hereby understood and
agreed that no signs or advertising are to be used in connection
with the premises leased hereunder without first obtaining written
approval of Lessor.
20.
ASSIGNMENT, SUBLET AND ALTERATIONS.
The Lessee
shall not assign this lease, either as an absolute transfer of
his title or interest therein or thereto or as security for a loa~,
nor sublet the premises, or any part thereof nor use the same, or
any part thereof, nor permit the same, or any part thereof, to be
used for any other purpose than as above stipulated, nor make any
alterations therein without the prior written consent of the
Lessor,
pap,e 6 of 9 Pa8es
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,
Should any taxes be imposed upon the prem-
21.
TAXES.
ises involved in this lease, or upon the owner, Lessor, Lessee,
occupant or whomsoever, from any source whatsoeyer, the same shall
be the responsibility of the Lessee and the Lessee shall pay same
promptly,
22, MAINTENANCE OF PROPERTY, The Lessee agrees to keep
the property clean and free and clear of debris,
23. LIEN, A. The Lessee agrees that the Lessor shall
have a lien against any building or fixtures and contents for un-
paid sums due or to become due for damage caused to any property
of the Lessor,
B. Lessee agrees that he will keep the
leased premises~ and any buildings that may be erected thereon at
all times free and clear of any and all liens in anywise arising
out of the activities or use thereof by Lessee, provided, however,
the Lessee may in good faith contest the validity of any lien.
24.
RESTRICTIONS.
The Lessee agrees not to conduct,
nor allow to be conducted on the leased premises, any business
ventures, enterprises or activities, including, but not limited
to, the sale of gasoline, oil, airplane parts, or any other goods
and/or services, and covenants that he will not conduct any re-
pair services, and further, shall not engage in any businesses
or activities authorized under any leases made by Monroe County
to fixed base operators at the Marathon Airport, nor shall he
engage in any automobile rental services of any nature whatsoever.
25.
MAINTENANCE.
The Lessee further agrees that all
areas of the leased premises not paved shall be maintained by
him in a neat condition, and that grassed areas shall be mowed
regularly and shrubs will be trimmed so as to maintain the prem-
ises in a clean and attractive condition. Any areas not grassed
or paved shall be stabilized by the Lessee, and the leased prem-
ises shall be so utilized that use of the premises will not cause
Page 7 of 9 Pages
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,
dust, debris or waste to be blown about or raised so as to inter-
fere with or disturb the use or enjoyment of any adjacent or ad-
joining premises, Further, that the Lessee sha~l keep and main-
tain the leased premises and any buildings that may be erected
thereon in a neat and clean condition.
26.
EXCAVATION.
The Lessee agrees that no excavation
of any of the leased lands shall be made, and that no soil or
earth shall be removed from said ~remises except with the written
approval of the Lessor.
The leased premises shall be used
27,
USE OF PROPERTY.
for the purpose of constructing a club house for use of Lessee's
members and guests.
28.
IHPROVEHENTS.
A,
The parties specifically agree
that during the term of this lease Lessee shall remove any build-
ing or improvements erected pursuant to this lease at Lessee's
expense when Lessor deems it necessary for the operation, control
and/or development of the airport, and Lessee shall vacate the
premises. Lessor may provide other premises to Lessee for remain-
ing term of this lease if same are available.
B. That at tpe end of the term of
this lease, title to all buildings or improvements placed on the
leased premises shall vest in the Lessor,
29,
SPECIAL CLAUSES.
It is mutually understood, coven-
anted and agreed by and between the parties hereto that, in the
event the Lessee ceases to operate the facilities as a club house
~age 8 of 9 Pages
3~\
and associated activities, then and in that event this lease shall
become null and void and of no force and effect.
DATED at
Key West
Monroe County,
Florida, the day and year first above written.
COUNTY
STATE OF FLORIDA
By
~~~-
airman 0 the Boar
County Commissioners of
County, Florida
(Seal)
Lessor
A,,/,t,~est: ._-~,
,,' .~//~
--).-~/"?/.. /~/, ' .
Clerk '
By
,
Attest:
(!J.~ a I ~/-
Secretary
Lessee
WITNESSETH:
: HEREBY CH~TIFY th2t this dor:umcnt
h2.5 been reviev/c:cl for leeal ~~lJl ii-
ciency and that the same meets with
my apprqvJ1; .,' " /'.
i .1 / // /- (
By / .-':.. ,....: ,....'~~'-_.._
Attorney's Office
Page 9 of 9 Pages
~~2..-
.
EXHIBIT "A" TO
LEASE DATED OCTOBER 1, 1978
BE~~EEN COUNTY OF MONROE, STATE OF FLORIDA
AND DISABLED AMERICAN VETERANS (DAV) CHAPTER 122
DESCRIPTION OF A PARCEL OF LAND FOR THE "DISABLED AMERICAN VET-
ERANS", MARATHON, FLORIDA, AS REQUESTED BY MR, ROBERT PICK.
Situated in the County of Monroe, and State of
Florida, and known as being a part of Section 1,
Township 66 South, Range 32 East on Key Vaca,
and bounded and described as follows:
711 ;}
..
Beginning at the southwesterly corner of the
Marathon Air Strip, bear North along the westerly
line thereof 150,00 feet; thence bear North
67 degrees, 51 minutes, 00 seconds East 250.00
feet; thence bear South 150.00 feet to a point on the
Southerly line of said Marathon Air Strip; thence
bear South 67 degrees, 51 minutes, 00 seconds West
along the Southerly line of said Marathon Air Strip,
250,00 feet back to the Southwesterly corner there-
of, and place of beginning, and containing 0.797
acres of land.
ALSO DESCRIBED AS
Starting at the S,W, corner of the airport, proceed
N67057'E, 28', to a point on the south line of the
airport which shall be the point of beginning, thence
NOoo02'30"E along a line parallel to the west line
of the airport 150'. thence N6705l'C 250', then south
ISO' SOOo02'30" to a point on the south line of the
airport S67051'W thence 250' back to the S,W, corner
of the airport, the point of beginning.
Note: The west line of the airport is 28' west of
the airport fence and at the south bound lane of
Aviation Boulevard.
3'03
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C. G, .AILEY " ASSOCIATES
LAND SUltVEYOIIS
POST OFFIce BOX 728, MARATHON, FLORIDA 330S01
TELEPHONE 289,0818
CQW. IV c.6. B.
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0~ NOTE:-Elevations atcwn are in
~~!~ Feet, Tenths and Hundredths I
tt'\v.~v. of a foot a..'1d refer to mear.
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tL /(')
~ I OLD STA TE /~OA (J '.41 HI
~:',:;~:~~;z~p;:;e~;;;f---'-'-s'''' I~: /#/:';,1- QE"~:'jm";~!I3,ol.9~.9 tomd/cofc /ld(iZoof7allaml
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CHK. BY
DATE .1/1/79
~HEeT No. I
J08 No, OAV ('/I'Ap# 122
IU&llCT
.. _.- -
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' C J. 54 . /
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DESCRIPTIONS:-
Situated in the ~ounty of Mon~'0e, State of Florida, and known
as being a part of Section 1., Township 66 South, Ranee 32 Ea3t
un Key Vaca, anj bounded anj ..h~8c!"ibed aD fc1.:cws:
B~glnning at the Southwesterly Corner of the Marathon Airstrip,
bear North iIorlg-tfte Westerly Line thereof' ]::;10.00 feet; thence
bear North 67 degrees f 51 minutes and 00 seC":ords East, JI3 .54
feet; thence bear South, 150.00 feet to a point on the SO\1therly
Line of said Marathon Airstrip; thence bear South 67 degrees,
51 minutes and 00 se~onds West, along the Southerly line of said
Marathon Airstrip, 313.S4 feet back to the 3vuthwesterly Corner
thereof. anj place of beginning, and containing I .0CO acre of
land.
ALSO )ESCRIBED AS {ujOfhere)
Starting at the S.W. Corner of the Airport, rroceed N 67 J.egrees
57 minutes E, 28 feet, tc a point on the South tine of the Airport
which shall be the point of begir:.ntng, thenc.:e North 00 deGrh:s, 02
minutes and 30 seconds East along a line parallel to the west line
of the airport, 150 feet; thence bear North 67 jegrees and 51
min~tes East, ~feet; thence 30uth. 150 feet SOO deerees. 02
minutes and. 30 seconds 1- c a rioin t cr. the SCLithLi.ne () f the ai rpc:-+
S(lutr~ (~' ::.!Pf::;-rto'E;!3, r): m:i nutes West thence ~ ff"et baek :0 the 3. fi .
corner of the airport, the point of beginning.
Note:- The West Line of the airport is 28 feet West of the airport
fenCE 3.nd at the south bcund lane of Aviation Bouleva.rd.
SURVEYORS NOTE:-The last description (gi':en me) is a bit garb':ec.
I HEREBY CERTIFY:-That the attached Dlat is true and :~rrect to the
bf>8t of my knowlerige and belief and Was sur....ey:ed as near aspolif.$1ble
with the descriptions furnished me and that the "SOUTHWE3!' ,~~"
is that Corner fenced in by a Cyclone Fence.
G'n . ,'I">
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C . G . ey f Reg. Fla. , .
Land Surveyor No. 620 3l.. i'