Resolution 433-1987
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Monroe County Commission
RESOLUTION NO. 433 -1987
A RESOLUTION OF THE BOARD OF COUNTY COMl-lIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING
THE CHAIRMAN TO EXECUTE A BUSINESS LEASE BY AND
BETWEEN F. JAMES CHAPLIN AND BETTYE B. CHAPLIN
AND MONROE COUNTY CONCERNING OFFICE SPACE IN
MARATHON FOR THE SUPERVISOR OF ELECTIONS.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Chairman is hereby authorized
to execute a Business Lease by and between F. James Chaplin and
Betty B. Chaplin and Monroe County, a copy of same being attached
hereto and made a part hereof, concerning office space in
Marathon for the Supervisor of Elections.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a special meeting of said Board held
on the 17th day of November, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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(/ MA CH IRMAN
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(SEAL)
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ATTEST:DANNY L. KOLHAGE, Clerk
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LERK '
t1F'PPOVr.D AS 70 FORM
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F. James Chaplin and Bettye
Marathon, Florida 33050
party of the first part, and Monroe County
of the County of Monroe and State of Florida
hereinafter called the leIMe or tenant, p&!'t7 of the aeeOlld part:
WITNESSETH, That the 88Id -.or ... thiS daY' 1... unto said ....... ucI .d I....
does hereby hire and take as teaant under aid lessor Room 01' 8pMe described
5160 Overseas Highway, Marathon, Florida, 33050 (CHAPLIN BUILDING)
and having approx. 1500 sq. ft. of space.
No.
situate in Marathon
offices
THIS AGREEMENT, entered into thla
14th
day of
between
July
. 18 8 7
B. Chaplin, 5190 Overseas Hwy.
. hereinafter called the leIIOr,
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Florida, to be used and oee1Ipied bY'....... as County
and tor 110 other JMIl'P08OI or _ """al'JW. fer
, subject aDd conditioned 011 tile provWona of
day of July
the tenn of One (1) Year
clause ten of this leue becinDiDl' the 14 t h
19 87 . and endiDl' the 13th clq of July
at and for the agreed total Natal of Thirteen Thousand
Dollars. payable as tollows: $1,125.00 per month rent
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Five Hundred andOO/100
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all payments to be made to the lessor OR the first day of each and every mOfttll in advance without ,
demand at the office of Chaplin Real Estate, 5190 Overseas, Hwy,iDtlaeCityof
Marathon, Fl. 33050 or at luch other place and to suell other person, as the leuor
may from time to time desipate in writinl'.
'!'he following express stipulations and conditions are made a part ot this leue and are here-
by assented to by the lessee:
FIRST: The lealee 1ha11 not aasicn this I..., nor .ub-Iet the premiNs, or any part u..-eof nor UM the _e,
or any part thereof, nor permit the eame, or any part thereof, to be used for any other purpoee than as above atipu-
lated, nor make any alterations therein, and an additions thereto, without the written conaent of the leaor, and
aU additions, fixtures or improvements which may be made by lessee, except monWe office furniture, shall be-
come the property of tbe lessor and remain upon the premises as a part thereof, and be surrendered with the prem-
ises at the termination of this leaae.
SECOND: All personal property p1aeed or moYed in the premises above deacribed shaU be at the risk of
the leuee or owner thereof, and lesaor ahaII not be Iiabl. for any damage to eaid penonal property, or to the
lessee arising from the bursting or leaking of water pipes, or from any act of neclicenee of any co-tenant or
occupants of the building or of any other person whomsoever.
THIRD: That the tenant: "ban promptly execute and comply with allstatutAls, ordinances, rules,
orders, regulations and requirements of the Federal, State and City Government and of any and all their Depart-
ments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or
other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply
with and execute aU rules, orders and regulations of the Southeastern Underwrite1'8 Auociation for the preven-
tion of fires, at it 5 own cost and expense.
FOURTH: In the event the premises shall be destroyed or so damaged or injured by fire or other caaualty
during the life of this agreement, whereby the same shaIl be rendered untenantable. thea the I_r &han have the
right to render said premises tenantable by repairs within ninety days therefrom. If said prem_ are not rendend
tenantable within said time, it shall be optional with either party hereto to cancel this I..., and in the eveat of
such cancelIation the rent .alI be paid only to the date of such fire or casualty. The cancellation herem mentiO'Ded
shall be evidenced in writing.
FIFTH: The prompt payment of the rent for said premillt!lJ upon the data DUMd, .. the faiWaI obeerv-
ance of the rules and regulation. printed upon this I..... and which are hereby mede a ,.n ., tit. COTnant, and
of such other anrl further rules or 1'e8'UIatiolUl .. may be hereafter made by the Ieettor, are tile coaclttiou UJlI!Il
which the lease is made and accepted and uy faiJure OR the part of the I..... to eCJllalllr wlCIa tile ...... of iiIIId
lease, or any of _id rules and replatiolUl n", in uistence, or which 1D&7~ be bereaftW ~ by the ~.
shall at the option of the l_r, work a forfett.re of .18 eoatract, and aU of tile riaIda of the I-e h.rean....
and thereupon the lellSOr, his .....ts or attomeys, _all have the zillht to __ 8aid pft~fn.. .. l'eIIlCJVe aU ,..
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sons therefrom forcibly or othe~i.e, and the lessee thereby e?,press1y waives any a~d all no~ce req~ired by Jaw
to terminate tenancy, and aJso waives any and aIllegaJ proceedmgs to re~over possession ,!f IIlUd premls.., an~ ex-
pressly agrees that in the event of a violation of any of the terms of thiS lease, or of said ~les a~d regulations,
now in existence or which may hereafter be made, said lessor, his agent or attorneys, may ImmedlAteJy re-enter
said premises and dispolllless lessee without legal notice or the institution of any legal proceedings whatsoever.
SIXTH: If the lessee shall abandon or vacate said premises before the' end of the term of this lease, or
shall suffer the rent to be in arrears, the lessor may, at his option, forthwith caneeJ this lease or he may enter
said premises as the agent of the Jessee, by force or otherwise, without being liable in any way there~or, and reJet
the premises with or without any furniture that may be therein, as the agent of the lessee, at such pnce an~ upon
such terms and for such duration of time as the lessor may determine. and receive the rent therefor, applYing the
same to the payment of the rent due by these presents, and if the full rental herein provided shall not be realized
by lessor over and above the expenses to lessor in such re-1etting, the said lessee shall pay any deficiency, and if
more than the full rental is realized lessor will pay over to said lessee the excess of demand.
SEVENTH: Lessee agrees to pay the cost of collection and ten per cent attorney's fee on any part of said
rental th:lt may be collected by suit or by attorney, after the same is past due.
EIGHTH: The lessee agrees that he will pay all charges for rent, gas, electricity or other iI.1umination,
and for all water used on said premises, and should said charg-es for rent, light or water herein prOVided for at
any time remain due and unpaid for the space of five days after the same shall have become due, th~ 1elllJor may
at its option consider the said lessee tenant at sufferance and immediately re-enter upon laid premtae8 and the
entire rent for the rental period then next ensuing ....11 at once be due and payable and may forthwith b. collect-
ed by distress or otherwise.
NINTH: The ..id Jeaee hereby pJedces and alllligns to the lessor an the furniture, fixtures, gooda and
chattels of said lessee, which shall or may be brought or put on said premises as security for the payment of the
rent herein reserved, and the Jeseee agre.. that the said lien may be enforced by distrees foreelOlNre or oth."""
at the election of the said I_r, and does hereby agree to pay attorney's fees of ten percent of the amount so
collected or found to be due, together with an costs and charges therefore incurred or paid by the J_r.
TENTH: It is hereby agreed and understood between lessor alld lessee that in the ...t the lessor deei_
to remodel, alter or demolish alJ or any part of the premises leased hereunder, or in the nent of the .... or lone
term lease of all or any part of the : requiring this space, the 1..... hereb7 III'ne8 to fteate
same upon receipt of sixty (60) days' written notice and the return of any advance rental paid OIl aeeoent of thia
lease.
It being further understod and agreed that the Jessee will not be required to vacate ..w preaaiaM clari..
the winter season: namely, November first to lIay first, by reason of the above paracraPh.
ELEVENTH: The lessor, or any of hia -cents, shall have the riglJt to enter said prea.... duriatr all reaQD-
able hours, to examine the same to make such repain, additions or alterations as may be deemed .ee....1'7 for tIte
safety, comfort, or preservation thereof, or of said building, or to exhibit said premisea, _4 to ,.t or k"\, .,.
the doors or windows thereof a notice "FOR RENT" at any time within thirty (30) da,.. before the expIration
of this lease, The right of entry shall likewise exiat for the purpose of removina- placards, sigM, fixtures, altera.
tions, or additions, which do not conform to this agreement, or to the rules and reguJations of the building.
TWELFTH: Lessee hereby accepts the premises in the condition they are in at the be<<inn~ of thia I....
and agrees to 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 ....eement, and to
make good to said lessor immediately upon demand, any damage to water apparatus, or electric lights or any fix-
ture, 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.
THIRTEENTH: It is expressJy agreed and understood by and between the parties to thia agreement, that
the landlord shall not be liable for any damage or injury by water, which may be sustained by the ..id tenant or
other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct
on the part of any other tenant or agents, or employees, or by reason of the breakage, Jeakage, or obstruction of
the water, sewer or soil pipes, or other leakage in or about the said building.
FOURTEENTH: If the lessee shall become insolvent ,or if bankruptcy proceedinp sball be begun by or
against the lessee, before the end of said term the lessor is hereby irrevocably authorized at its option, to forth-
with cancel this lease, as for a default. Lessor may elect to accept rent from auch receiver, trustee, or other judi-
cial officer during the term of their occupancy in their fiduciary capacity without effecting JeIllIOr'S rights as con-
tained in this contract, but no receiver, trustee or other judicial officer shalJ ever bave any iicbt, title or interest ,in
or to the above described property by virtue of this contract.
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.FIFTEENTH: Lessee hereby waives and renounces for himself and family any anel all homutead and ex-
emption rights he may have now, or hereafter, under or by virtue of the constitution and laws of the State of
Florida, or of any other State, or of the United States, as against the payment of saiel rental or any portion
hereof, or any other obligation or damage that may accrue under the ternas of this agreement.
SIXTEENTH: This contract shall bind the Jessor and its usigna or s"cc_ra. .1Id the hein, aaeJpa, ad-
miniatraton, legal representativ-. executors or successors as the case may be, of the leeaee.
SEVENTEENTH: It is understood and agreed between the parties h<<eta that tbM fa of the _nee of
this contract and tbia applies to aU ternas and conditions contained herein.
EIGHTEENTH: It is understood and ..-reed between the parties hereto that wtitteR notice ..iled or deliY-
ered to the premises leued hereunder shall conatitute sufficient notice to the J..... and wrItMa ...... ..i1ed er
delivered to the office of the leesor shan conatitute suffident notice to the Leaeor, to COlD"'" with ... tenu .f
this contract.
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NINETEENTH: The rights of the leseor under the forepiac shall " CUDlulati.., and fail.. on the part .f
the lessor to exercise promptly any rights gi'nm hereunder shall Dot operate to forfeit an, of tIM .... riPta.
TWENTIETH: It is further understood and agreed between the parties hereto that ..,. eharpa -caiaat
the Jessee by the lessor for semen or for work done on the rremitles by order of the I.... or othenriee accratac
under this contract shaU be considered as rent due and sbal be included fa an)' lien for rent due IUld upaW.
TWENTY-FIRST: It is hereby understood .nd agreed that 1Ul)' sips or .dV.l.... to be ueed, Iae1aclhtc
awninp, in connection with the premises leased hereunder shall be first submitted to the l.-or for approval be-
fore installation of same.
Twe~ty-S~cond: Lessee shall, at his expense,keep the premises in &cod order and
repaIr d';U"mg tJ.1e. te~ of this lease, incl1.ding not limited to crac1ced and broken
glas~, al:-con~l~lonmg, doors, ~ocks, plumbing and electrical, repairing or re-
placmg WIth slJRl.lar or better SIze or quality. Lessee shall cany insurance on
all glass in the premi~es, ~ a caupany acceptable to the Lessors, in the full
~unt, and shall provIde eVIdence to Lessors, if required, durina the tenn of
thlS lease.
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I Twenty-Third: 1 extent pe1'llitted by law, Lessee releases LE fran, and
waives all claim to damages to person or property, sustained by the Lessee, or
any other person, fran the premises or any other part thereof J or my equipaent,
appurtenances, and inventory therein, becoming out of repair or resulting frea my
accident in or about the preaises, or resulting directly or indirectly fI'Q1l any
act or neglect, or any other tenant, or other person, including Lessors or their
agents. Lessee further agrees to hold Lessor harmless fran any clam or daEge
asserted against Lessors or their agents by anyone as a result of any accident or
other occurrence on the leased premises. ThrougOOu't the term of this lease
Lessee agrees to carry Publ ic Liabil i ty Insurance covering occurrences on the
leased premises in the amount of $ 500,000., in a c~ acceptable to the Lessor,
naming Lessors as additional insured, under said policy and containing a clause
requiring 10 days notice to all insured prior to cancellation of said policy.
Proof of coverage shall be delivered promptly to Lessor or his agent.
Twenty-Fourth: This lease shall subordinate to any mortgages or liens upon the
property. This lease may not be pledged, collateralized or assigned in any
manner by the Tenant and it shall not be recordable on any public record.
Lessee has the option to renew this lease for one year rent will be subject to
increase based anthe cost of living index.
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IN WITNESS WHEREOF, the ,.nits hentto have henuto seented tIIk ...,...t tor the
purpose herein expreeeed, the day and yw.r above wriu..
Signed, sealed and delivered In the pnsIIlCe of:
{7 G v{~. (.-
tA -:cP:.~ (Seal
As to Lessor Lessor
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(Seal
(Seal
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As to Lessee
Leuee
STATE OF FLORIDA,
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County of j I (l ~ J~ i) J)./
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Bel.,.. .., a Notary PdIc Ia eM for.... .......d Coene" ,..,,,...,.
..; ~ / t3 ~ ~9.h.- .._
_11 k_ ...)1...... ~ he .... -ow 'J _ to .... tw...... _ .. ~ ~
ac:knowleq.d that :t'-t J7 f .~ ... ..... for elM iNIJ .. ... .....-..
IN WITNESS WHEREOF, I haft hereaa.. Ht m,. haDd aad afrtncI1Il7 otfieia1 ...... ~ 3 ~
!t' 'i;. ( .:~' l'~ "j t t: ; I ~ i ' : "
i1;E7
,{!f'.t ~ 01 < () frr
(,
Notary Public, State of JIIwWa at Lerp.
day of !J~ r~.J2 /\ ./
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My eommissi~_,.~xpiPlJ _, '". L lll~. ~.~.
17l1s Im/nul/enl prepmrd hy: Lucien C. Proby, Jr. . County Attorney
Address 310 Fleming Street
Key West, Florida 33040