Resolution 291-1986
Monroe County Commission
RESOLUTION NO. 291 -1986
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR AND CHAIRMAN OF THE
BOARD TO EXECUTE A BUSINESS LEASE BY AND
BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA AND MARK ARMANTROUT,
CONCERNING THE SNACK BAR AT THE PUBLIC
SERVICE BUILDING.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
execute a Business Lease by and between the Board of County
Commissioners of Monroe County, Florida, a copy of same being
attached hereto, concerning the Snack Bar at the Public Service
Building.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 19th day of September, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY: .I.r' '." m~tmtCtl1'timAN _ _
(Seal)
At t es t : DANNX 1... KOLHAGE, ~lerk
~aA~~.ilL
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BY
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1licitze
THIS AGREFJMENT, entered into this
September
day of
,1986
between
Board of County Commissioners of Monroe County, Florida
, hereinafter called the lessor,
party of the first part, and Mark Armantrout, DBA, TNT .HOTS
of the County of Mp'nroe and State of Florida
hereinafter called the les.see or tenant, party of the second part:
WITNESSETH, That the said lessor does this day lease unto said
does hereby hire an~' take as tenant under said lessor~~w
the "SNACK Bar", wit.h its storage room, and outdoor
the "Snack Bar", in the Public Service Building.
No.
lessee, and said lessee
or Space
space adjacent to
situate in Key West
Food Service Facility
Florida, to be used and occupied by the lessee as
.alld for no other purposes or uses whatsoever, for
,subject and conditioned on the provisions of
day of October
day of September
the term of Five (5) years
clause ten of this lease beginning the First
19 86 ' and ending the Thirty-first
at and for the agreed total rental of
Dollars, payable as follow.'l: One Hnndred (lOll) per month for the first ninety(90) days,
One Hnndred-Seventy-five ($175) Dollars per month for the next ninety (90) days,
and Two HW1dred Fifty ($250) Dollars peT month for the remainder of the first
year of this contract.
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Jrl- . At each end of the e,iCh full year of the contract tenn, the rental shall be
I, increased by an amount equal to the increase of the Consumer Price Index over
Ii the previous year.
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all payments to be made to the lessor on the first day of each and every month in advance withollt
demand at the office of the Connty Adr.1inistrator, publ i c Service Bldg. in the City of
Key West, Florid::t or at such other place and to such other person, as the lessor
lllay from time to time designate in 'Nriting.
TlJ~ following expr('p,! stipulatio!1s and conditions are mafle a part of this lease and are her(~-
h." assP'lted to b.I' I hI' lec",-pc:
FIRST: The 'es',f'c shnll not rfsign tllif lease, ;''l'' ['lil'-Iet the pre1l1i:,,?s, or nny part thereof nor use I h,~ S3;" C,
0;' .my p'1rt thereof, ner permit: the S'lme, or "IlY part tl.1'., ,'pf, to be u:",,] for any nth<T purpose than as '1hllH. stipp-
I1t'd, nl'l' make an:' Illteration~; therein, and :111 3ddjti')'~J tJlereto, WiU'~ll' the vritl.en consent of th" Ir'SlT, 'II]!I
ul1 additions, fixturw or implw.'emPllts whi~h may he me"!') by lessee. Except movable office furniture, "hall J.'o-
C'l)!''' tI," property cf III') 1"8:,(1) and lp.main IIp'ln the l'n'p,;,,,,,s as a pa' I tlwreof, and be surrendered with 'hI' prrl1'-
i,,"" tIt t':,~ terminafil"l ,.,f thh le"sP. : .
. .
SECOND: .All p(:rsol1ol property pla,'("1 or I'H)'iP.r] in the prel1h::; above 'Je:;crib'~d shall be at tha. "is], f'[
tho lcssPl or owner thN'C'f, llJld le~,;or shall w't be ji;\IJlco fc'r any (LIIl."t:,? to 1'1id personal property, ')\' to Ill"
l":;:'co .1!ising- from th,' hlln.!.inr or leakinf.: of wa!y,' [,j'JCS, or fr"'ll nl'Y act 'If negliv,ence of any "o-tenanf , I
""('llpan'" of the hl'i1dilll: 01 "r nil:' other l','rson ".I",P" ""vcr.
IIIIRD: That thl' h'll'lIlL______ '.hall proll!!'t1r pxecute 1111-1 "nmply \\ith all stntuteR, on1inancps, rnl('s,
ordf'rs, ,eg-ulations allrl r('quin'rnent.s of the Federal. [o;'~ll,~ and City (:I1'.'(,rJlment and of any nnd all the;" lJep:n't-
mf'nts und Burenus nppli('able to said premises, for till' correction, pn".'ention, anc! abatement of lIuisancf's ('1'
other grievances, in, upon, OJ' connected with snid premises during said term; and shall also promptl~' comply
with and execute all rules, orders nnd regulations of thp Southeastern Underwriters Association for the !H'e\'PIl-
tion of fires, aL-___own l'ost and expense.
FOURTH: In the even t the premises shall he de,;lroycd or so damaged or injured by fire or other casual! y
during the life of this agreement, whereby the same shall bc rendered untenantable. then thc lessor shall have the
right to render said premises tpnantable by repairs within ninety days tl1Prefrom. If said premises are not rend'!rc.1
tenantable within said time, it shall be optional with either party hercto to cancel this lease, and in the event of
such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned
shall be evidenced in writing.
FIFTH: The prompt payment of the rent for said premises upon the dates named, and the faithfnl obsen"-
ance of the rules and regulations printed upon this leasf', and which are hereby made a part of this covenant, an,1
of ~uch other and further rulf's or reg'ulations as may he hereafter mad,' hy the lessor, are the conditions upon
whIch the lease is made and accepted and any failure on the part of the lessee to comply with the terms of said
lease, or any of said rules and regulations now in exist.ence, or whkh may be hereafter prescribed by the lessor
shall at the option of the lessor, work a forfeiture of this contract, and nil of the rig-hts of the lessee hereunder;
and thereupon the lessor, his agents or attorneys, shall have the right to enter said premises, and remove all per-
sons therefrom forcibly or otherwise, and the lessee thereby e:cpressly waives any aIl;d all no~ice req~ired by law
to terminate tenancy, and also waives 8;ny apd all legal proceedmgs to re~over possessIOn <?f saId premIses, an~ ex-
pressly agrees that in the event of a vIOlatIon of any of the terms of thIS lease, or of sald r~les aIl;d regulatIons,
now in existence. or which may hereafter be made, said lessor, his agent or attorneys, maY.lmmedlately re-enter
said premises and dispossess lessee without legal notice or the institution of any legal proceedmgs 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 cancel this lease or he may enter
said premises as the agent of the lessee, by force or otherwise, without being liable in any way there~or, and relet
the premises with or without any furniture that may be therein, as the agent of the lessee, at such prIce an~ upon
such terms and for such duration of time as the lessor may determine, and receive the rent therefor, applymg 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-Ietting, 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 that may be collected by suit or by attorney, after the same is past due.
EIGHTH: ThgleSSOllgrees that he wilI provide electricity or nt.h".. illumination,
all water u!'\ed on said .premises, Lessor further agrees that he will provide
and garbage disposal at no cost to the Lessee.
NINTH: The said lessee hereby pledges and assigns to the lessor all the furniture, fixtures, goods and
chattels of said lessee, which shall or may be brought or put on said premises as security for the payment of t.he
rent herein reserved, and the lessee agrees that the said lien may be enforced by distress foreclosure or otherwIse
at the election of the said lessor, and does hereby agree to pay attorney's fees of ten percent of the amount so
collected or found to be due, together with all costs and charges therefore incurred or paid by the lessor.
TENTH: It is hereby agreed and understood between lessor and lessee that in the event the lessor decides
to remodel, alter or demolish all or any part of the premises leased hereunder, or in the event of the sale or long
term lease of all or any part of the property ; requiring i11is space, the lessee hereby agrees to vacate
same upon receipt of sixty (60) days' written notice and the return of any advance rental paid on account of this
lease.
It being further understod and agreed that the lessee will not be required to vacate said premises during
the winter season: namely, November first to May first, by reason of the above paragraph.
ELEVENTH: The lessor, or any of his agents, shall have the right to enter said premises during all reason-
able 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 exhibi~ said premises, and to put or kee~ upon
the doors or windows thereof a notice "FOR RENT" at any time within thirty (30) days before the explration
of this lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, altera-
tions, or additions, which do not conform to this agreement, or to the rules and regulations of the building.
TWELFTH: Lessee hereby accepts the premises in the condition they are in at the beginning of this lease
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 agreement, 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 expressly agreed and understood by and between the parties to this agreement, that
the landlord shall not be liable for any damage or injury by water, which may be sustained by the said 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, leakage, 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 proceedings shall 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 such receiver, trustee, or other judi-
cial officer during the term of their occupancy in their fiduciary capacity without effecting lessor's rights as con-
tained in this contract, but no receiver, trustee or other judicial officer shall ever have any right, title or interest.in
or to the above described property by virtue of this contract.
FIFTEENTH: Lessee hereby waives and renounces for himself and family any and all homestead 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 said rental or any portion
hereof, or any other obligation or damage that may accrue under the terms of this agreement.
SIXTEENTH: This contract shall bind the lessor and its assigns or successors, and the heirs, assigns, ad-
ministrators, legal representatives, executors or successors as the case may be, of the lessee.
SEVENTEENTH: 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.
EIGHTEENTH: It is understood and agreed between the parties hereto that written notice mailed or deliv-
ered 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.
NINETEENTH: 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.
TWENTIETH: It is further understood and agreed between the parties hereto 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.
TWENTY-FIRST: It is hereby understood and agreed that any signs or advertising to be used, including
awnings, in connection with the premises leased hereunder shall be first submitted to the lessor for approval be-
fore installation of same.
Twenty-Second: Lessor shall construct a concrete pad area immediately
surrotmding the Snack Bar building that shall be known as the patio.
. Twenty-Third: It is tmderstood and agreed that the Lessor shall be respon.
sl~le.for the rna:ntenance and repair of all structural and utility portions of the
b~l~d~g and patlo. Decoration and general upkeep shall be the Lessee's respon-
slbll1ty.
Twenty- Fourth: Lessee shall maintain hours of food service from 7: 30 A.M.
~~tfie~:28n81~loRR Btlp~~f ~a~~~s~usiness offices are open barring extraordinary
Twenty-Fifth: Lessee shall provide soda, snack and cigarette machines in the
hallway, the le~~th not to exceed twelve (12') .feet of wall by a depth of
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i,jllY l.Ji'/ ,,'-liL:;), OPPO:',JI..'-: Lllc S/lilLl\ ,lil1' enCr;li",t' ,or USv ..i,,-, ,LigulaI'
business hours.
. Twenty. r' Lessee shall secure :Jt its OMl expense ltl approved
tnsurance c..U"'I'ClllY, general and publ ic 1 i abili ty wit h coverage oi Lessor and Lessee
against claims for personal injury or death resulting therefrom, on account of
(Iccident to third parties or the public, which might arise out of, or in connection
with any act(s) of the Lessee's agents,invitees or employees. The amount of such
insurance shall be not less that $100, (:()() person and $300,000 per event. A _
copy of the insurance certificate showing this level insurance, the County as
co-insured, and providing that the COlliJty shall receive notice of cancellation
within 10 dya;s shall be presented upon execution of this contract to the County
Insurance Clerk, at the Public Service Building, Stock Island, Key West, Florida.
Twenty-Seventh: This lease shall be renewed for "ill addi tional five year ;term
lIDless Lessor gives lvritten !lotice to l,essee of ~essor' s .intel1t to terminate
the lease ninety days prlor to thIS lease s termlnatlon da te.
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IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for t.he
purpose herein expressed, the day and year above written. .
Signed, sealed and delivered in the presence of: Monroe County
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RY:
-(Seal
}'Jayor / Cha i nnan
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_ (Seal
As to Les80r
Q~1i. /.'- 1/1/.1
_~:,-&tl~7!+-_.
!.-' ~ p. rt~__
As to Lessee
~. Clerk
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Lessee
C()l1llfy of Monr.Q.~_____
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BY
,!Pl'ROVE0 11:;' TO Feq,- ~
/' ftJ[' U7C;/1L Sf l{nCIEi C"
j! /'
,..../~::b-?--~.~'d :'J([.}
AUt1n(Jv's ()//i(.e
STATE OF FLORlDA,
"
Hefprf' me, a Nol'alY I'lIblk in Bnd for said State nn,1 County, pE'rRnnnJly camll____ _
Mark Armantrout
. --, .----:...---.....-
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--_to 11111
well known and known to be t.he person_ named in the foregoing lease, and
acknowledged thaL-.~,___executed the same for the purpose therein expressed.
he
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
18th
day of
September
'198~
~:J~,1:'~ rl'h::;, 5~J:~ 0f Fil ric~
;.:( (em;: ::':;u~ E::ri:.r.j r..,f:,.;' 1~,. 1';'3.3
My commission expire~ Dondod I hlU Troy Fain - JU:;l.Ilar.cc. ifi1;-.
1I11:f IlISlrull/ml prepared by: SUSAN VERNON,
1./ 310 Fleming Street, Key West, FL 33040
/L I rtOl'f