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
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(Seal)
Attest:DANNY L. KOLHAGE, Clerk
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LEASE AGREEMEIfT
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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