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Resolution 234-1990 Monroe County Commission RESOLUTION NO. 234-1990 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO APPROVE A LEASE AGREEMENT BETWEEN THE CITY OF LAYTON AND THE SHERIFF OF MONROE COUNTY CONCERNING SPACE IN THE LAYTON CITY GOVERNMENT COMPLEX FOR THE SHERIFF'S USE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board hereby authorizes the Mayor to approve a Lease Agreement between the City of Layton and the Sheriff of Monroe County, a copy of same being attached hereto and made a part hereof, concerning space in the Layton City Government Complex for the Sheriff's use. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 18th day of April, A.D. 1990. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY:ok~ MA (Seal) Attest:DANNY L. KOLHAGE, Clerk ~'<<-i-'M '::'1.1^ 1 NnO:J 30HNOW . '] HI! \~ TJ " 'mvo 9S: L \t LZ HdV 06. OdO:.J..1C dlU G31lj ,~ .~~ :',~ (.~ '::~ /.1 :) :~ LEASE AGREEMEIfT 1 ~~ /. THIS LEASE AGREEMENT entered into this I.8.f!. day of Apri I, 1990, at Layton Ci ty, Florida, by and between CITY OF LAYTON, FLORIDA, herein referred to as the Lessor, and the SHERIFF OF MONROE COUNTY, hereinafter referred to as the Lessee. '. "ti <I, ~ '. " ;. 1. DescriDtion of Premdses: Lessor hereby I eases to Lessee, and Lessee hereby leases from Lessor, subject to the terms and conditions set forth herein a certain portion of the LAYTON CITY GOVERNMENT COMPLEX, 1031 OVERSEAS HIGHWAY, LAYTON CITY, MONROE COUNTY, FLORIDA, more particularly described as a concrete building approximately 12' x 36, adjacent to the City Hall. Lessee hereby acknowledges having inspected the above described premises and agrees to accept sad premises in their present condition. " '-'-~ ~1 '.,.{ "~ " . -~ '.-; -~ " '\1 Si ;; ~ :~ j { ~ I( 2. Term: The initial term of this Agreement shall be for a one (1) year, commencing on the 30th day of Apri 1 , ending on the 30th day of April, 1991. Lessee possession immediately upon execution of this Lease. period of 1990 and may take ',. i ~ ,~ i I I '~ ~ " ,~ ,~ .., i :j ,:',~,- .~ Ii! -1 ~ g .~ ~ !~ '.~ '"j --~ '~ ~ :~ ~ ~ ~J I 3. Rent: The total rental amount to be paid under the term of this Agreement shall be $1.00 per year. There shall be no sales tax payable thereon. 4. Use of Pr~ises: Lessee shall be permi t ted to use the I eased premises as commercial space for conducting the Sheriff's business. 5. No Waste. Nuisance or Unlawful Use: Lessee shall not commit, or allow to be committed, any waste on the premises, create or allow any nuisance to exist on the premises, or use or allow them to be used for any unl awful purpose. Lessee shall promptly comply with all statutes, ordinances, rules orders, regulations and requirements of Federal, state and County Government and or any and all their Departments and Bureaus appl icabl e to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises during said term. 6. Pa~ent of utilities: Lessee agrees that it wi 11 pay all charges for telephone , gas, electricity, water or other utilities used upon the leased premises, except garbage service whi ch shall be paid by the Lessor. :-=-- 7. Reoairs and Maintenance: The exterior structure and roof of the leased premises shall be maintained by Lessor; Lessee shall maintain the interior of the building in its present state of repair and shall not make any al terations thereto wi thout the prior consent of Lessor, except as set forth in paragraph ~ thereof. 8. Acceotance and Surrender of Premdses: Lessee agrees to accept the premises on poss,ession as being in a good state of repair and in sani tary condi tion I t shall surrender the premises to Lessor at the end of the lease term, if the Lease is not renewed, in the same condition as when it took possession less ordinary wear and tear. Lessee shall remove all business signs or symbol s pl aced on the premises by it before re-delivery of the premises to Lessor, and to restore the portion of the premises on which they were placed in the same condition as before their placement; or, at the option of Lessor, leave the premises in its present condition. 9. Anticioated ImDrovements: Lessee is permi t ted to make reasonabl e structure to provide adequate security capabilities. These may include but are alarms, window bars, deadbolt locks, and installations. al terations to the and communications limited to burglar telecommunications 10. Breach of Lease: I f Lessee breaches this Lease. in a material respect, the Lessor shall have the option to terminate this contract and all of the rights of the Lessee hereunder as provided by law. 'i 11. Waiver: ' The waiver or breach of one covenant or condition of this Lease by either party is not a waiver or breach or others, or of subsequent breach of the one waived. The rights of the parties under this Lease shall be cumulative, and failure on the part of ei ther party to exercise promptl y any rights given hereunder shall not operate to forfeit any of the said rights. 12. Subordination: Lessee agrees that this Lease shall be subordinate and inferior to all present mortgages, if any, and all future mortgages and/ or re-financing of the property I and the Lessee hereby subordin::t.tes this Lease to present and future mortgages and/or re-financing without any further act for the purpose set forth in this paragraph. This Lease wi II not be recorded by either party. ,I 1 ,j 1 I ~ I l 4 . 13. Personal Prooertv: All personal property placed or moved into the building shall be at the ri~k of the Lessee or other owner and Lessor shall not be I iabl e for any damage to personal property, or to Lessee, arising from the bursting or leaking of water pipes or otherwise from any act of negligence of any co-tenant or occupant of the ~ building or of any other person. 14. Alterations. Additions and Imorovements: Lessee will make no alterations, additions or improvements in or to the premises without consent of Lessor. , ;i , j 15. Liens: If any mechanics' lien or other lien shall be filed against the building or the premises, or any al terations, fixtures or improvements therein or thereto, as a result of any work done by or for Lessee or any of its subtenants, Lessee shall discharge same of record within ten (10) days after the filing of the lien. Nothing in this Lease shall grant or confer unto to the Lessee the right to lien, mortgage or encumber in any way the real property of the Lessor or any improvements thereon nor subject said property to any encumbrance; the Lessee has no right whatsoever to in, mortgage or encumber the real property of the Lessor, or the improvement thereon; the Lessee alone shall be I iabl e and responsibl e for I abor or material s furnished to the premises by order of the Lessee or its agents or subcontractors and Mechanics' lien are expressly prohibited under this Lease. The Lessee shall have no power to do any act or make any contract which may create a lien, mortgage or other encumbrance upon the estate of the Lessor or any interest of the Lessor in the premises or upon or in any building or buildings or improvements hereafter erected or placed thereon. It is agreed that should the Lessee cause any improvements, al terations or repairs to be made to the premises or material furnished or labor performed therein or thereon, neither the Lessor nor the premises nor any improvements shall in ~ny consideration be liable for the payment of any expenses incurred or the value of any work done or material furnished to the premises or any part thereof, and all such improvements, alterations, repairs, materials and labor shall be done at the Lessee's expense and the Lessee shall be solely and wholly responsible to contractors, laborers and materialmen furnishing labor and material to the premises and building or buildings and improvements or any part thereof. , ~ ~ # , I 16. Lessor's Interest: If Lessor's interest in the building shall terminate by operation of law, bona fide sal e, or execution of foreclosure sale, Lessor shall thereupon be released from all further obligations of Lessor under this Lease. 1 j 'I ~ i I 1 I t I 17. Acknowledament: This Lease shall become effective only upon execution and delivery by both Lessor and Lessee. The parties acknowledge that they have not relied upon any statement, representation, prior or contemporane9us written or oral promises, agreements or warranties, except such as are expressed herein. IN WITNESS WHEREOF, the Agreement in the presence of date hereinabove stated. parties have executed this Lease the following individual s on the :Ii 1 '. ,;, i , . ;" .1 ;: .j' ~ >~ ;J '1\ 1 . .. '" , .:,~ ., ,', :~ ", , .:~ ;1 ,I , ,~ ;j 'j ~ .~ j 1__~~~._. _ APPROVED: Pete Riley Mayor, city of Layton Monroe County Dean Turney City of Layton City Administrator J. Allison DeFoor, II Sheriff of Monroe County, Florida Monroe County Board of County Commissioners (Seal) Attest: Danny L. Kolhage, Clerk Clerk Date: APMOVED AS TO FORM AND LEGAL SUFFICIENCY. BY , -----rJ!IIIli,.___