Resolution 174-1978
RESOLUTION NO. 174_1978
A RESOLUTION AUTHORIZING THE MAYOR M~D CHAIRMAN
OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO EXECUTE A LEASE BY AND BE-
TWEEN THE COUNTY OF MONROE, STATE OF FLORIDA,
AND THE KEY WEST ART AND HISTORICAL SOCIETY AND
REPEALING RESOLUTION NO. 125-1978.
WHEREAS, the Board of County Commissioners desire to enter
into a Lease Agreement by and between the County of Monroe, State
of Florida, and the Key West Art and Historical Society for the
leasing of certain properties owned by Monroe County, Florida, for
the operation of an historical museum, and
~mEREAS, the Board had previously passed Resolution
No. 125-1978, which resolution the Board does wish to repeal as the
term of said Lease has been changed from five (5) years to twenty
(20) years, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That Resolution No. 125-1978 is hereby repealed.
2. That the Mayor and Chairman be authorized to execute
a Lease by and between the County of Monroe, State of Florida, and
the Key West Art and Historical Society, a copy of same being
attached hereto.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the 11th
day of July, A.D. 1978.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
dZ: '.
B ~,' .~~
~,~.. .,~~~
Ma~r an airma~
(Seal)
At:estff~e{~ C/&"
BOOK
APPROVED ON_!l-- 11-18
{; -.__<O_~ FACE .d.kl
-'"'---...-.---
I HEREBY CERTIFY that this document
has been reviewed for legal suffi-
ciency and that the same meets with
my approvaL
/"J
By /' ,,~?~.(~~
Attorney's Office
-4
"'.~O....~
" LEASE
THIS INDENTURE, Made and entered into, in duplicate, this
day 0 f
, A.D. 1978, by and between the
COUNTY OF MONROE, STATE O~ FLORIDA, a pblitica~ subdivision of t~
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 \{EST
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,
"
~vITNESSETH, that the Lessor by these presents leases unto
said Lessee the following described premises, situate, lying and
being in the City of Key ~est, 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/W line of Soutn Roosevelt Boulevard, both as
existing January 5, 1956; thence S 08057' 40" ~-J
along said Northerly R/W line, '596.11 feet to
the POINT OF BEGINNING; thence N 24001'10" W
129.22 feet; thence N 58035'40" W, 156.15 feet;
thence S 58005'00" vJ, 225.90 feet; thence S
04012120" W 142.92 feet, to the Northerly R/W
line of South Ro~sevelt 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- co~er 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
$1.00 on th~ 8th day 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 impToper, 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 advisab,le 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 ~reby 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 inrerrup-
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 follO'ivs:
a. That defaulL 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 s~verally be-
come due and payable shall immediately and
thereupon terminate any arid all of the
rights of the Lessee under this Lease.
Page 2 of 4 Pages
5. It is also !TIutually 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 Commission, the Lessee will operate its museum and art
gallery in accordance with the law creating said Commission and/o~
..
Rules and Regulations to be adopted by said Commission.
6. It is further mutually understoo~, covenanted and
agreed by and between the parties hereto that, in the event the
Lessee ceases to operate ~n 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 tesso~' for any lawful pur-
pose, particularly including the use thereof for County purposes,
then, and in that event, the Lessor may, upon thirty (30) days,
written notice to Lessee, terminate this Agreement and said p~op-
erty shall be delivered up to the Lessor in the same condition as
it now l8.
IN WITNESS WHEREOF, the party of the first parr 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
day of
,A.D. 1978.
(Seal)
COUNTY OF MONROE, STATE O~ FLORIDA
B~,,~ ~<'.',.,._~
l1ayor u d'Cnalrman of e Board
of Countv Commissioners of
.'
l1onroe County, Florida
Attest:
e Circult Cour't
Sixtee th Judicial Circuit of
in and for Honroe County, and
Officio Clerk of the Board of County
Commissioners of Monroe County,
Florida.
Page 3 of 4 Pages
(Seal)
Attest:
"
KEY WEST ART AND HISTORICAL SOCIETY
By
President
..
Secretary
"
.
HEREBY CERtIFY that this doclhi:ent
~las been reviewed TO;' lee3! SUf7i-
ciency and that the SJme meets with
my approval.
T";:?' / // / //k"'"
By /,/ /~ ~ - /7/",,/,:., c-:-
Attorney's Office
Page 4 of 4 Pages