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Resolution 704-1989 RESOLUTION NO. 704- 1989 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A LEASE AGREEMENT BETWEEN MONROE COUNTY AND DAVID W. WOLKOWSKY FOR OFFICE SPACE FOR THE PUBLIC DEFENDER.. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute a lease agreement between Monroe County and David W. Wolkowsky, for office space for the Public Defender, Kress Building, 2nd floor, a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the J~~i day of ~, A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ok~ By Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk ~x?fL1)/;1~ ; 1 WliL; ]O~NOW . \;11 . <,.li V (J A/'NIOVED AS TO FORM AND LEGAL SUFFICIENCY. (fA 1~ atQ.o>1 BY ~ Attorney'- Office L c;. OW ~- 311 69. ji:W~).Jd .:iU.J IJ31U BUS I N E S S LEA S E THIS AGREEMENT, entered into this ______ day of _____________, 1989, by and between DAVID W. WOLKOWSKY, hereinafter called the lessor, party of the first part, and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter called the lessee or tenant, party of the second part: WITNESSETH, that the said lessor does this day lease unto said lessee, and said lessee does hereby hire and take as tenant under said lessor Room, or Space, as shown on Exhibit "A", attached her.eto and made a part hereof, situate in Florida, to be used and occupied by the lessee as Offices of the Public Defender and for no other purpose or uses whatsoever, for the term of two (2) years, beginning on the first (1st) day of October, 1989, and ending on the thirtieth (30th) day of September, 1991, at and for the agreed total rental of $79,950.00 for the first (1st) year and $85,280.00 for the second year payable to David W. Wolkowsky, C/O Rosa Bethel, Barnett Bank, 3406 North Roosevelt Boulevard, Key West, Florida 33040, as follows: 1ST YEAR: Six Thousand Six Hundred Sixty Two Dollars and Fifty Cents ($6,662.50) per month; payable within thirty days of each due date, commencing on October 1, 1989 until September 30, 1990. 2ND YEAR: Seven Thousand One Hundred Six Dollars and Sixty Seven Cents ($7,106.67) per month; payable within thirty (30) days of each due date, commencing on October 1,1990 until September 30,1991. The following express stipulations and conditions are made a part of this lease and hereby assented to by the lessee: FIRST: All additions, fixtures, or improvements which may be made by lessee, except movable office furniture, shall become the property of the lessor and remain upon the premises as a part thereof, and be surrendered with the premises at the termination of this lease, unless otherwise agreed upon by the parties hereto. SECOND: All personal property placed described premises shall be at the risk thereof, and lessor shall not be liable personal property. or moved in the above- of the lessee or owner for any damage to said THIRD: In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this agreement, whereby the same shall be rendered untenantable, then the lessor shall have the right to render said premises tenantable by repairs within ninety days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this lease, and in the event of such cance lla ti on, t he rent s hall be paid only to the da te of su ch fi re or casualty. The cancellation herein mentioned shall be evidenced in writing. FOURTH: Lessee shall have the right to sublet the premises for the duration of the term of this lease, subject to the lessor's approval, provided that such approval shall not be unreasonably withheld. FIFTH: Lessee agrees to pay the cost of collection and ten percent attorney's fee on any part of said rental that may be collected by suit or by attorney, after the same is past due. SIXTH: The lessee agrees that he will pay all charges for rent, gas, electricity or other illumination used on said premises, and should charges for rent or lights herein provided for at any time remain due and unpaid for the space of five days after the same shall have become due, the lessor may at its option consider the said lessee/tenant at sufferance and immediately re-enter upon said premises and the entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collected by distress or otherwise. SEVENTH: The, lessor, or any of his agents, shall have the right to enter said premises during all reasonable hours to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort or preservation thereof, or of said building, or to exhibit said premises, and to put or keep upon the doors or windows thereof a notice "For Rent" at any time within thirty (30) days before the expiration of this lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions which do not conform to this agreement, or to the rules and regulations of the building. EIGHTH: Lessee hereby accepts the premises in the condition they are in at the beginning of this lease and agreesto maintain said premises in the same condition, order and repair as they are at the commencement of said term, excepting only reasonable wear and tear arising from the use thereof under this agreement, and to make good to said lessor immediately upon demand, any damage to water apparatus or electric lights or any fixtures, appliances or appurtenances of said premises, or of the building, caused by any act or neglect of lessee, or of any person or persons in the employ or under the control of the lessee. Lessor agrees to otherwise maintain or repair all electrical fixtures and equipment, including air conditioning. NINTH: 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. TENTH: It is understood and agreed between the parties hereto that time is of the essence of this contract and this applies to all terms and conditions contained herein. ELEVENTH: It is understood and agreed between the parties hereto that written notice mailed or delivered to the premises leased hereunder shall constitute sufficient'notice to the lessee and written notice mailed or delivered to the office of the lessor shall constitute sufficient notice to the lessor, to comply with the terms of this contract. TWELFTH: The rights of the lessor under the foregoing shall be cumulative, and failure on the part of the lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. THIRTEENTH: It is further understood and agreed between the parties hereof that any charges against the lessee by the lessor for services or for work done on the premises by order of the lessee or otherwise accruing under this contract shall be considered as rent due and shall be included in any lien for rent due and unpaid. 2 FOURTEENTH: Exclusive parking is to be provided by the lessor as per Exhibit "B" attached hereto, with lessor retaining rights to park his personal vehicles. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. Signed, sealed and delivered in the presence of: ~~h~ \j ;1. ~ci~ Lel,{. L ~O ~LK ~l,{~K~~E S S OR BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: MAYOR/CHAIRMAN (SEAL) Attest: CLERK AIWtOVfD AS TO FORM AND LEGAL SUFFICIENCY. av (pJ~") T C lO OQ'~J AltOlM'(- Otta 3 f' . 'if .f EXHIBIT "A" Kress Building 2nd Floor publ ic Defender .5..,)J9 ~quare feet . .....~ , ,. .~~, !~~'l- -, . ".' - .,. -1 - j;-:~-- , . . ~f ':-:'-""':"f--.'-' .:' ~-;:'_-::_..-'::.:~,~- '~-'] jL.'--'" :,:! . ~ . . . I I I I , . . , I J . . ,,' . ::. r- I ., I I' --.- --- J..~ ! I , . 11 I I ~ - l :...-:.}- I . + '----1- -..,' f ~ , . , I , " i---.=l! ":::'~:- i' J I'"' ,'1"} r;y-l! F: p-J ~~I ...-_ . J f t- -- -'L J~~ ~j-::- " ., '! , " , \ ~I 'f i . . :f I ., ,. , ! ': ;! :1 '\ .. , i, . ... r: " " II " !I " J. J: , !i I. .. ,. 'I , -] . -i. . .11- . h ,.,,_. .. ~_.L_:_. . I ,....-.. I: -f-'~ , . I' , }~.'... ~ I . I . _..__.A 1,...,. .__!..._~...;..,.....y'_ ...............'-r .. 'I: " . '''--~'f''I,.,.''''''4'I~'. ~ ........". ............,........~~.--..,.....a..~~,~.........,. '. EXHIBIT "B" ,', A part of lot 3 in square 50 in the City or Key West, Florida, commencing at a point on the southeast side ot Pleaina Street 56 feet and 6 inches from the southwest corner or Ple.1ns" and Bahama Streets and running along Fleming Street 1n a south- westerly direction 56 feet and 6 inches: thence at r1&ht ao&les, in a southeasterly direction 101 feet: thence at rl&bt .nales 1n a northeasterly direction 46 feet and 6 inches; thence at rl&ht angles 1n a northwesterly direction 45 teet; thence at rl&ht angles 1n a northeasterly direction 10 feet: thence at rllbt angles in a northwesterly direction 56 teet to the place or the beginning. ... , . .:\, .. j..~: ;;;~ t. l' . ,... ,0_,..:'\' .~, "~l",,,.,~~ ~J . \':'" . 1 ,..;~ , " " l.:~ ; ~ .~ ,... ., ". ijJ~ .';;,ol' . if' .,,~' :., ,! . 4: . -.,., ,/ ~ . .....,. .... .....-:..... '., .a ..