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Resolution 132-1978RESOLUTION NO..13.2 -1978 A.RESOLUTION AUTHORIZING THE MAYOR AND CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS.OF MONROE-COUNTY,. FLORIDA, TO EXECUTE A JOINT PARTICIPATION AGREEMENT BY AND -BETWEEN THE CITY -OF KEY WEST, FLORIDA, AND. MONROE..COUNTY,.FLORIDA,,FOR THE OPERATION OF AN ANIMAL CONTROL FACILITY ON STOCK ISLAND,-FLORIDA.- BE IT RFSOLVED'BY THE BOARD OF. COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,-as follows: That the, Mayor. and Chairman be authorized to execute a Joint Participation Agreement by•and.between The City of Key West,. Florida, and Monroe County, Florida, a copy of same being attached hereto, for the operation of an —animal control facility on Stock Island, Florida.. Passed and adopted by the Board'of County Commissioners of Monroe.County, Florida, at'a regular meeting hel-d-on,:the 16th day of May, 1978.. BOARD ,OF COUNTY C011MISSIONERS. OF, MONROE COUNTY, FLORIDA M or and Chairman Attest: Clerk I HEREBY CERTIFY that. this document has been reviewed for legal _ suffi- _ ciency and that the same meets with. :my approya' - Attorney's Office APPROVED DN �i AGE ---� d. c JOINT PARTICIPATION AGREEMENT THIS'AGREEMENT,. entered into this 16th day of May 1978, by and between THE CITY OF KEY V?EST, .'FLORIDA, hereinafter referred to as "CITY"; and MONROE COUNTY, FLORIDA, hereinafter referred to as "COUNTY", W I T N E S S E T H: WHEREAS, the City presently operates an animal control facility on Stock Island, Florida, and WHEREAS, the County also operates an animal control facil- ity in the County, and WHEREAS, the City and the County both. agree that it will be in the best interests of the citizens of the City and County that one operation be maintained, NOW, THEREFORE, in consideration of the mutual covenants, .promises, contributions, and premises herein contained, the parties agree as follows: 1. The City hereby lets and leases to the County, for the period of Twenty-five (25) years, from and after this date that tract of land, together with improvements thereon, in the the County of Monroe, State of Florida, described in Schedule A attached hereto. This agreement is made and accepted on the con- dition that the premises conveyed be used solely for the operation of an animal control facility. In the event that the property is not used solely for the operation of an animal control facility, then this agreement -shall be null and void and possession of the premises shall immediately revert to the City without notice or demand. 2. That the City will cooperate with the County in making such changes in its ordinances as are reasonable and necessary as requested by the County.to assure reasonable control of all animals within the City by the County. Page 1 of 3 Pages e 3. That the City hereby leases to the County the truck ,presently being used by the City for picking up animals for the term of this agreement.. 4. That for a period of three (3) years, the City shall provide, appropriate and pay over to the County the funds necessary for employment of one (1) employee in the animal program to be maintained by the County. 5. The County agrees to maintain an animal control pro- gram and to enforce the animal control ordinances within the City of Key ?,lest, Florida. 6. The parties agree that if the County fails to provide an animal control program within the City of Key West and if the City provides a thirty (30) day notice of said failure and the County .fails to perform in accordance with all reasonable requests of the City, that the City. can terminate .this agreement whereupon.,---,','. the County shall vacate any property which the City has leased ,to the County at the outset of this contract, reasonable.wear and .tear excepted. The parties further agree that if this agreement becomes null and void or is terminated, that the County shall have the right to remove any, and all improvements, equipment or fix- tures placed upon the property during its occupancy so long as such removal does not destroy the property being leased hereunder. 7. Should the County wish to terminate this contract, then it shall give the City sixty (60) days notice of such desire,.:.'. upon expiration of said sixty (60) days, this agreement shall be-. come null and void and the County shall vacate and return to the City any property it received from the City, reasonable wear and tear excepted'. The parties .further agree, that if this agreement becomes null and void or is terminated, that the County shall have the right to remove any and all improvements, equipment or fix- tures placed upon the property during its occupancy so long as such removal does not destroy the property being leased;hereunder. Page 2 of 3 Pages B. The parties agree to cooperate and encourage the aid •anal assistance of the Southernmost Humane Society, Inc., or its successor in carrying out the objectives and obligations of this .contract. IN WITNESS [,THEREOF, the parties hereto have caused this .agreement to be executed by their officials thereunto duly authorized. COUNTY OF MONROE, STATE OF FLORIDA By -Mayor add Ch irman of the Board of County Commissioners of Monroe County, Florida (Seal) Attest: �1`e`rk THE CITY OF KEY T.q FLORIDA By May r' Charles McCoy (Seal) Art 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 -,Page 3 of 3 Pages ;I SCHEDULE A A parcel of land on Stock Island, Monroe County, Florida, and described by metes and bounds as follows: From the intersection of the centerline of the south lane of U.S.'Highway No. 1 and the east- erly abutment of the Cow Key Channel Bridge go North 71 Degrees 19 Minutes East a distance of 300 feet to a point of intersection with the approximate centerline of Country -Club Road; thence along said approximate centerline North 19 Degrees 51 Minutes West a distance of 305.64 feet to Point #0; thence North 52 Degrees 31 Minutes West a distance of 33.0 feet to Point #1; thence North 39 Degrees 18 Minutes West a distance of 300 feet to Point #2; thence North 30 Degrees 29 Minutes West a. distance. of 265 feet to Point #3; thence North 03 Degrees 13 Minutes West•a distance of 152 feet to Point #4; thence North 20 Degrees 08 Minutes East a distance of 600 feet to Point #5; thence South 69 Degrees 52 Minutes East, 38.8 feet to the Point of Beginning of the parcel of land herein described; thence continue South 69 Degrees 52 Minutes East, along a cyclone fence, 145.7 feet to a point; thence South 20 Degrees 08 Minutes West, along a cyclone. fence, 19.1 feet to a point; thence North 83 Degrees 08 Minutes West, along a cyclone fence, 36.7 feet to a point; thence South 20 Degrees 08 Minutes West, along a cyclone fence, 120.1 feet to a point; thence North 69 Degrees 52 Minutes West, along a cyclone fence, 119.4 feet to a point; thence North- easterly., along a cyclone fence, 149.2 feet back to the Point of Beg"inning.