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2. 12/20/1985 99 YR Lease Ulannp 1.. i{olbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 December 30, 1985 Ms. Josephine Parker, Clerk City of Key West City Hall Angela and Simonton Streets Key West, Florida 33040 Dear Ms. Parker: At a regular meeting in formal session on December 20, 1985, the Board of County Commissioners adopted Resolution No. 348-1985 authorizing the Mayor and Chairman of the Board to exe- cute a 99-Year Lease Agreement by and between the County of Monroe, Florida and the City of Key West, Florida providing for the operation of an Animal Control Facility. Enclosed please find a certified copy of said Resolution and a fully-executed copy of the Lease Agreement. Very truly yours, Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk Board of County Commissioners //:-)~. < /}- by: -/ d~7,,-_l~ (;(/i~rvni--n~' Deputy Clerk Enclosures cc: County Attorney Public Works Director Finance vFile 99- YEAR LEASE AGREEMENT '!HIS INDENTURE made and entered into as of the ororJ/ day of Y~L ~J.n ber , A.D. 1985 between the City of Key west, Florida, a municipal corporation organized and existing under the laws of the State of Florida, party of the first part, hereinafter designated as the Lessor, and County of Monroe, a political subdivision fo the State of Florida, party of the second part, hereinafter designed as the Lessee, WIT N E SSE T H: 1. The first party hereto in consideration of the rents hereinafter reserved under the covenants and agreements hereinafter expressed in the party of the second part, to be kept, performed and fulfilled, has demised and leased under the Lease all of the following described property situated in lying in being in Monroe County, State of Florida, to wit: 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 land of U.S. Highway No. 1 and the easterly 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 330 feet to Point #1; thence North 39 Degrees 18 Minutes ~~st 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 \lest a distance of 152 feet of Point #4; thence North 20 Degrees 08 Minutes East a distance of 600 feet to Point #5; thence South 69 Degrees 52 Minutes East, 28.8 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 30 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 MinutEls \~st , 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 Northeasterly, along a cyclone fence, 149.2 feet back to the Point of Beginning, but excepting from any land described herein the ~lilding or trailElr currently occupied by Billie Cheek, which property shall not be included in this lease agreement. (1) To have and to hold the above-described property under the Lease for and during the term of 99 years comnencing on the 12th day of November , A.D. 1985 and ending on the lIth day of November , A.D. 2084. 2. The Lessee in consideration of the entering into the Lease of the property aforesaid does hereby covenant and agree with the Lessor to pay rent as follows: The Lessee covenants and agrees to pay the Lessor rent for said demised premises during the demised term of 99 years. The yearly rental of $10.00 ( ten dollars), which is due on the 1 ? t-"h day of Novemhp.r , of every year of the said demised term. 3. The County will continue to operate the Animal Control Facility. 4. The County agrees to maintain the animal control program and enforce the animal control ordinances of the parties herein. 5. In so far as the provisions thereof are not inconsistent with this inter local agreeroont, the City of Key ~Vest and Monroe County do ratify and affirm and agree to continue the provisions of the Joint Participation Agreeroont between them, entered into on May 16, 1978. As further consideration for the leasing and demising aforesaid, the Lessee further covenants, promises, and agrees to develop and maintain the premises as an animal control shelter and shall rebuild, repair, and reconstruct the animal control facilities located on Junior College Road, Stock Island, Florida. 6. It is hereby covenanted, stipulated, and agreed by, for, and between the parties hereto that there shall be no mechanics liens upon any improvements which may anytime be put upon or be upon the demised property; that in case of mechanics liens, the Lessee must payoff the same, and that if default and payment thereof should continue for 30 days after written notice, the Lessor shall have the right and privilege at its option to payoff the same or any portion of the same, and the amounts paid, excluding expenses, shall at the Lessor's (2) option be additional rent due from the said Lessee at the next rent due after such payment. 7. Lessee hereby further covenants and agrees to use said premises for the sole purpose of an animal shelter and related and associated uses. 8. it is expressly covenanted between the parties that the Lessee will keep and save the r~ssor forever harmless from any penalty and damage or charges imposed for any violation of any laws where occasioned by the neglect of Lessee; and that such Lessee will indemnify and save and keep harmless the Lessor against from any costs, lost, damages or expense arising out of any accidents or other occurence causing injury to any person or property whomsoever, whatsoever, and to directly or indirectly to the the use of premises or any part thereof, by the Lessee. The Lessee shall secure at its own exprense from an approved insurance company the following described insurance coverage which will protect the legal liability to the Lessor and Lessee, to pay for the coverage which will protect the Lessor and the Lessee from any claims of personal injury or damage which might arise out of or in connection with the conduct of the Animal Shelter or any act or acts of Lessee's agents and invitees or employees. Minimum limits of such policy shall be $50,000 for one person or $100,000 for nnre than one person arising out of one accident and property damage maximum of $5,000.00. 9. It is fully understood and agreed by and between the parties hereto that it is the condition of this Lease that any improvements upon said premises, at the termination of the demised term providing that this Lease is not sooner terrminated, shall become the exclusive property of the City of Key \''lest, Florida, without any instrum:mt or conveyance from said Lessee to Lessor. IN HITNESS \~ERF'1)F, the Lessor is called these presents to be executed in the name by its Mayor and Comnon seal affixed and attested by the City Clerk, and the Lessee caused these presents in the name of by the Chairman of the Board of C~lnty Commissioners and attested by (3) the Clerk of the Circuit Court of Monroe County, ex officio Clerk of the Board of County Commissioners, all as of the day and year first above written and executed in duplicate. (SEAL) CITY OF KEY WEST, FLORIDA 0?~ RICHARD A. HEYMAN, MAYOR CITY CLERK J (SEAL) BOARD OF COUNTY COMMISSIONERS OF mN'IDE ffiUNTY, FIDRIDA \".: . ~ ... ~"~.O"-""~~ ~~ MAYOR/CHAIRMAN ATrEST: DANNY L. KOLHAGE Clerk -- . I _ /",\ . /),~/}, '-i~U, ' /j,~j}~, / , CLERK LiL BY AS TO FORM SUFF:CIEN~ Attorney's Office (4) ~r( if ... r" WfST NOI:2Ti4 EIIJD- STDLK DF U ISLAND .5. No. l '.... '~. 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