Loading...
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 That Resolution No. 125-1978 is hereby repealed. 2.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