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Resolution 256-1978RESOLUTION NO. 256-1978 A RESOLUTION AUTHORIZING THE MAYOR AND CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE COUNTY OF MONROE, STATE OF FLORIDA, AND THE DISABLED AMERICAN VETERANS (DAV) CHAPTER 122. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman be authorized to execute a Lease Agreement by and between the County of Monroe, State of Florida, and the Disabled American Veterans (DAV) Chapter 122, 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 17th day of October, 1978. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA y Mayor an irm n ,.- (Seal) Attest :`` C er HEF- r7EY CERTIFY that this rjloc!j een reviev/ed for legal at the same m7 eti _v," t )p% 4S Office APPROVED ON_._ BOOK \� PAGE r. r LEASE AGREEMENT THIS LEASE AGREEMENT, Made and entered into this lst 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 DISABLED AMERICAN VETERANS (DAV) CHAPTER 122 , hereinafter called the Lessee: W I T N E S S E 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 Pages 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, ETC. 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 said 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 Lessor, 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 law 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 premises 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 hermit a receiver or trustee to come into possession without removing them, within a reasonable time. 7. COSTS AND ATTORNEY'S FEES. Lessee agrees 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 otherwise. 10. CONDITION OF PREMISES. A. The Lessee acknowledges and agrees that he has examined the premises, and is fully advised Page 3 of 9 Pages , 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 whomsoe,,.er 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 Page 4 of 9 Pages 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, negligence 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. CLAIMS. The Lessee shall defend, pay or 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 arising 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 therewith, and to pay or 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 $100,000/$300,000. Any and all of said insurance to be non -cancel- lable without a thirty -day written notice of cancellation first being given to the Lessor. Page 5 of 9 Pages 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 anv right, title or interest in or to the above described property by 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. TIME OF THE ESSENCE. It is understood and agreed between the parties hereto that time is of the essence 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 part 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 loan, 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. Page 6 of 9 Pages 21. TAXES. Should any taxes be imposed upon the prem- ises i volved in this lease, or upon the owner, Lessor, Lessee, occupa t or whomsoever, from any source whatsoever, the same shall be theresponsibilityof 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 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 shall 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 premises except with the written approval of the Lessor. 27. USE OF PROPERTY. The leased premises shall be used for the purpose of constructing a club house for use of Lessee's members and guests. 28. IMPROVEMENTS. 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 the 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 Page 8 of 9 Pages and associated activities, then and in that event this lease shall become null and void and of no force and effect. DATED at Marathon , Monroe County, Florida, the day and year first above written. COUNTY OF MONROE, STATE OF FLORIDA By MaTor anct C airman 'or the Boar of County Commissioners of Monroe County, Florida (Seal) Lessor DISABLED AMERICAN VETERANS (DAV) CHAPTER 122 By ' Press ent Attest: Lessee Secretar WITNESSETH: I HEREBY CERTIFY that this document has h::cn reviewed for legal suffi- ciency and that the same meets with my approval. - Z// Attorney's Office Page 9 of 9 Pages in EXHIBIT "A" TO LEASE DATED OCTOBER 1, 1978 BETWEEN 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 3.2 East on Key Vaca, and bounded and described -'as follows: 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 N00002.'30"E along a line parallel to the west line of the airport 150', thence N67051'C 250', then south 150' S00002'30" 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.