01/19/2005 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 11, 2005
TO:
Richard Collins
County Attorney
A TTN:
FROM:
Kathy Peters
Executive Assistant
Pamela G. Hanc~
Deputy Clerk 'CY
At the January 19, 2005, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Lease Agreement between Monroe County and Seasbime,
LLC for area adjacent to the Bayview Inn and Marina on Conch Key.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact tbis office.
cc: County Administrator wlo document
Finance
File ,/
LEASE AGREEMENT
This Agreement is made and entered into this 19th day of January, 2005, by and
between MONROE COUNTY, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, FL 33040, (COUNTY), and SEASHIME, LLC, a limited
liability corporation incorporated in the State of Florida, whose address is 15 Ridge
Boulevard, Ocean Ridge, FI. 33435 (the LESSEE).
WHEREAS, the COUNTY owns a parcel of land situated on Conch Key and leases said
property to Lessee; and
WHEREAS, the COUNTY owns a parcel of land situated adjacent to the above-
referenced leased property on Conch Key and more particularly described in Exhibit "A;"
and
WHEREAS, LESSEE and LESSEE's predecessors in interest to the property known as
Bay View Inn have been maintaining the parcel described in Exhibit A for a number of
years; and
WHEREAS, County has no plans to use said property in the near future while LESSEE
would like to use the property for overflow parking and other uses related to the business
operated as Bay View Inn; now therefore
IN CONSIDERATION OF the mutual promises contained herein, the parties agree as
follows:
1. PROPERTY. The COUNTY leases exclusively to the LESSEE the land shown
on Exhibit A, hereafter the premises. Exhibit A is attached and made a part of this
Agreement.
2. TERM. The term of this Agreement shall run concurrent with the lease of the
adjacent property and shall be one year and five months running from .February 1, 2005
through June 30, 2006. In the event that the lease of the adjacent property subject to a
lease between the parties is renewed, LESSEE shall have an option to renew this Lease
under the same terms and conditions herein.
3. USE AND CONDITIONS. The premises shall be used solely for the purposes
of parking and maintenance of existing landscaping. No signs of any kind will be permitted
on the leased right-of-way area. If the premises are used for any other purpose, the
COUNTY shall have the option of immediately terminating this Agreement. LESSEE shall not
permit any use of the premises in any manner that would obstruct or interfere with any
COUNTY functions and duties.
The LESSEE will further use and occupy said premises in a careful and proper
manner, and not commit any waste thereon. LESSEE will not cause, or allow to be caused,
any nuisance or objectionable activity of any nature on the premises. Any activities in any
way involving hazardous materials or substances of any kind whatsoever, either as those
terms may be defined under any state or federal laws or regulations or as those terms are
understood in common usage, are speCifically prohibited. The LESSEE will not use or
occupy said premises for any unlawful purpose and will, at LESSEE's sole cost and expense,
conform to arid obey any present or future ordinance and/or rules, regulations,
requirements and orders of governmental authorities or agencies respecting the use and
occupation of said premises.
4. RENT. For the use of the premises, the LESSEE must pay the COUNTY the
sum of $ 600.00 per year, due in monthly installments on the first day of the month
payable in advance. The monthly payments shall be remitted to Monroe County Clerk's
Office, 500 Whitehead Street, Key West, FL 33040.
5. TAXeS. The LESSEE must pay all taxes and assessments, including any sales
or use tax, levied by any government agency with respect to the LESSEE's operations on
the premises.
6. INSURANCE. LESSEE shall, throughout the term of this lease, maintain
insurance in a minimum amount of One Million Dollars ($1,000,000.00) for bodily injury or
death to any One person or number of persons in anyone occurrence and not less than
One Million Dollars ($1,000,000.00) for property damage unless waived or modified by
County Risk Management per Administrative Instruction 4709. The insurance policy (or
policies) shall name Monroe County as an additional insured. Insurance already required
under the pre-existing lease may be extended to cover Lessee's activities on the parcel
leased hereunder.
The LESSEE must keep in full force and effect the required insurance during the term
of this Agreement. If the insurance policies originally purchased which meet the
requirements of this lease are canceled, terminated or reduced in coverage, then the
LESSEE must immediately substitute complying policies so that no gap in coverage occurs.
Copies of current policy certificates shall be filed with the COUNTY whenever acquired or
amended.
7. CONDITION OF PREMISES. The LESSEE must keep the premises in good
order and condition. The LESSEE must promptly repair damage to the premises. At the
end of the term of this Agreement, the LESSEE must surrender the premises to the
COUNTY in the same good order and condition as the premises were on the
commencement of the term, normal wear and tear excepted. The LESSEE is solely
responsible for any improvements to land and appurtenances placed on the premises.
8. IMPROVEMENTS. No structure or improvements of any kind shall be placed
upon the land without prior approval in writing by the County Administrator, a building
permit issued by COUNTY and any other agency, federal or state, permits required by law.
Any such structure or improvements shall be constructed in a good and workmanlike
manner at LESSEE's sole cost and expense. Subject to any landlord's lien, any structures
or improvements constructed by LESSEE shall be removed by the LESSEE at LESSEE's sole
cost and expense, by midnight on the day of termination of this Agreement or extension
hereof, and the land restored as nearly as practical to its condition at the time this
agreement is executed unless the Board of County Commissioners accepts in writing
delivery of the premises together with any structures or improvements constructed by
LESSEE. Portable or temporary advertising signs are prohibited.
LESSEE shall perform, at the sole expense of LESSEE, all work required in the
preparation of the property or premises hereby leased for occupancy by LESSEE; and
LESSEE does hereby accept the leased property or premises as now being in fit and
tenantable condition for all purposes of LESSEE.
COUNTY reserves the right to inspect the leased area and to require whatever
adjustment to structures or improvements as COUNTY, in its sole discretion, deems
necessary. Any adjustments shall be done at LESSEE's sole costs and expense. Any
building permits sought by LESSEE shall be subject to permit fees.
9. HOLD HARMLESS. The LESSEE is liable for and must fully defend, release,
discharge, indemnify and hold harmless the COUNTY, the members of the County
Commission, County officers and employees, and County agents and contractors, and the
State, its officers and employees, from and against any and all claims, demands, causes of
action, losses, costs and expenses of whatever type - including investigation and witness
costs and expenses and attorneys' fees and costs - that arise out of or are attributable to
the LESSEE's operations on the premises except for those claims, demands, damages,
liabilities, actions, causes of action, losses, costs and expenses that are the result of the
sole negligence of the COUNTY. The LESSEE's purChase of the insurance required under
this Agreement does not release or vitiate its obligations under this paragraph.
10. NON-DISCRIMINATION. The LESSEE for itself, its personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree that no person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of premises or in the contracting for improvements to the
premises.
11. TERMINATION. The COUNTY may treat the LESSEE in default and terminate
this Agreement immediately, without prior notice, upon failure of LESSEE to comply with
any provision of this Agreement. This Agreement may be terminated by COUNTY if and
when, for any reason its controlling lease is terminated by the State, upon provision of
reasonable notice. LESSEE may terminate this Agreement upon giving thirty days prior
written notice to COUNTY.
12. DEFAULT-WAIVER. The waiver by the LESSEE or the COUNTY of an act or
omission that constitutes a default of an obligation under this Agreement does not waive
another default of that or any other obligation.
13. ASSIGNMENT. The LESSEE may not assign this Agreement or assign or
subcontract any of its obligations under this Agreement without the approval of the
COUNTY's Board of County Commissioners. All the obligations of this Agreement will
extend to and bind the legal representatives, successors and assigns of the LESSEE and the
COUNTY .
14. SUBORDINATION. This Agreement is subordinate to the laws and
regulations of the United States, the State of Florida, and the COUNTY, whether in effect on
commencement of this lease or adopted after that date.
15. INCONSISTENCY. Any item, condition or obligation of this Agreement that is
in conflict with the items listed in this paragraph is superseded to the extent of the conflict.
16. GOVERNING LAWS/VENUE. This Agreement is governed by the laws of the
State of Florida and the United States. Venue for any dispute arising under this Agreement
must be in Monroe County, Florida. In the event of any litigation, the prevailing party is
entitled to a reasonable attorney's fee and costs.
17. CONSTRUCTION. This Agreement has been carefully reviewed by the
LESSEE and the COUNTY. Therefore, this Agreement is not to be construed against any
party on the basis of authorship.
18. NOTICES. Notices in this Agreement, unless otherwise specified, must be
sent by certified mail to the following:
COUNTY
County Administrator
1100 Simonton Street
Key West, FL 33040
LESSEE
Edward Buxton
15 Ridge Boulevard
Ocean Ridge, Fl. 33435
19. FULL UNDERSTANDING. This Agreement is the parties' final mutual
understanding. It replaces any earlier agreements or understandings, whether written or
oral. This Agreement cannot be modified or replaced except by another written and signed
agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly autho~ed representative.
(SEAl)
ATTEST: DANNY l. KOLHAGE, CLERK
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By _ - c c _........
D uty Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By
Mayor/Chairman
DIXIE M. SPEHAR
(SEAL)
AlTEST:
SEASHIME, llC
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EXH 18 I T II All
, LEGAL OEseR I PT ION
THAT pORn ON OF STATE ROAD NO. 5 (U. S. HI GHlIA Y No.1) L Y I NG SOUTHEASTERLY OF AND
ADJACENT LOT 46 (SUBMERGED) I CONCH KEY", A SUBDIVISION AS RECORDED IN PLAT
BOOK 2, PAGE 130. Of SECTIONS 14 AND 15. TOWNSHIP ~5 SOUTH, RANGE 3.c EAST.
OF THE PUBliC RECORDS Of MONROE COUNTY. FlORIOA AND BEING MORE PARTICULARLY
DESCRIBED AS FOlLOWS:
COMMENCE AT THE MOST SOUTHERLY CORNER OF LOT 32. OF SA I 0 I CONCH KEY" SA I 0
CORNER ALSO BEING THE RIGHT OF WAY LINE INTERSECTION OF THE NORTHWESTERLY
RIGHT WAY LINE OF SAID STATE ROAO NO.5 AND THE NORTHEASTERLY RIGHT OF WAY
LINE OF NORTH CONCH AVENUE; THENCE N66"33' 26" E, ALONG THE SAID NORTHIIESTERLY
RIGHT OF WAY LINE Of STATE ROAD NO.5 AND ALONG THE NORTHWESTERlY LINE OF AN
EXISITING LEAst A DISTANCE OF 153.00 FEET. TO THE SOUTHEASTERlY CORNER OF LOT
45. OF SAID "CONCH KEY'; THENCE S21'26'34'E. ALONG THE SOUHTERLY EXTENSION
OF SAID LOT 45 ANO THE NORTHEASTERLY LINE OF AN EXISTING LEA~ A DISTANCE OF
84. 20 FEET; THENCE 568' 33' 26" II. AlONG THE SOUTHEASTERLY II HE OF AN EX I STI NG
LEASE. A DISTAtU OF 66.32 FEET; THENCE S67"16'34"W, ALONG THE SOUTHEASTERLY
EXTENSION OF THE NORTHEASTERLY RIGHT OF WAY LINE OF NORTH CONCH AVENUE. A
DISTANCE OF 15.50 FEET; THENCE N68"33'26"E. ALONG A LINE 105 FEET AND
PARALLEL WITH THE BASELINE SURVEY OF SAID STATE ROAD NO.5. A DISTANCE OF 122.85
FEET, THENCE N37'3O'2S'W, TO THE INTERSECTION WITH THE MEAN HIGH WATER LINE
OF CONCH KEY HARBO~ A DISTANCE OF 42.00 FEET MORE OR LESS; THENCE
NORTHWESTERLY AlONG THE SAID MEAN HIGH WATER LINE, A DISTANCE OF 76.3 FEET
MORE OR LESS TO THE POINT OF BEGINNING:
CONTAINING 4,682 SQUARE FEET OR 0.11 ACRES MORE OR LESS.
SURVEYOR NOTES:
1.) BEARINGS SHOWN HEREON ARE RELATIVE TO THE NORTHWESTERLY RIGHT OF IIAY LINE
OF STATE ROAD 5, (U. s. 1) WH I CH BEARS N68' 33' 26' E, AS REFERENCED ON THE
STATE OF flORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF WAY MAP OF STATE
ROAD NO.5 (U. S.U.
2.) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT CONSTITUE A FIELD SURVEY AS SUCH.
LEGEND
FHD - FOUND
N&W = NAIL & WASHER
POB . POINT OF BEGINNING
POC . POINT OF COMMENCE
(0) = DESCRIPTION DIMENSION
(C) = CALCULATED DIMENSION
(P) - PlAT DIMENSION
NOT VALID WITHOUT tHE SIGNATURE AND
THE :lRIGINAL SEAL OF " FLORIDA
LICENSEO SUriVEYOR AND MAPPER.
.~--: '\, hl~~
., '- L ?--o",\
BRIAN T. BELLINO DATE
LICENSED SURVEYOR AND MAPP~R
FLOR I 01. CERTI FICA T I ON NO. .1973
P.O. BOX 168. ISLAMORADA, FLORIDA. 33036 PH: (305)393-0413
MP . METAL PIPE
SGH . SCREW G WASHER
P.B.- PLAT BOOK
PG. = PAGE
HUP & WOOD UTILITY POLE
~. ASPHALT
MHWL- MEAN HIGH WATER LINE
Florida Department of
Financial Project No.
I tern/Segment No.
W. P. I. No.:
State Project No.:
Federal Project No.:
State Road No.:
County:
Parcel No.: 6004
Transportation. District VI
N/A
N/A
N/A
N/A
N/A
5, U. S. 1, MM 68, BAYS IDE
Monroe
Sheet 1 of 3
, , II A"
LEGAL DESCRIPTION
SCALE: 1" =30'
LOT 46
PET S&/J
( J' "'L
OFFSET ~'491J'
146. .Il. )
~ \'i . ,~.- :.!!' U2.
\\s. f. P. 0. 8 -
~ -. COI/NtI/ .
-1J:~ ~ LOT 45
~ ~~
~~~
~~15
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((\' +.;,J.
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/
/
/
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NOT VAllo-wTTHOUT THE SI~MA
THE OHIGIHAl SEAL OF A P_OR1DA
LICENSEG SURVE~OR ANG MAPPER.
S~.~~L-c'
BRIAN T. BELLINO DA!~
LICENSED SURVEYOR AMU MAPPER
FLORIDA CERTIFICATION NO. 4973
P.O. BOX 16B. ISLAMORAOA. FLORIDA. 33036 PH: {30S1393-0413
'11'l...:~io4
Florida Department of
Financial Project No.
I tem/Segment No.
W. P. I. No.:
state Project No.:
Federal Project No.:
State Road No.:
County:
Parcel No.: 6004
Transportation. District VI
N/A
N/A
N/A
N/A
N/A
5, U.S.1. MM 63. BAYSIDE
Monroe
Sheet 2 of 3