07/08/1998 Lease
RESIDENTIAL LEASE
THIS AGREEMENT is made between WAYNE F. RICE and SUSAN RICE (collectively,
"LESSOR") and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS in their capacity as the
governing body of the DUCK KEY SECURITY DISTRICT, and HAWK'S CAY INVESTORS, LTD" a Florida
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limited partnership (collectively, "LESSEE"), hereby AGREE as follows: ~ ~ Of ~
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1. PREMISES: LESSOR leases to LESSEE and LESSEE leases from LESS~:fFI~prel1lise~
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located at Apartment 10, Indies Island Condominium, Duck Key, Monroe COUn$?PISid~ndo
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the furnishings, as described in the attached Exhibit" 1 ." ~;-t ~ ~ ~
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2. TERMS: The premises are leased for a term beginning on the 1 st aay of August,
1998 and ending on the 31 st day of July, 1999. LESSEE has the option to renew this Lease for two
(2) additional one (1) year terms, subject to a maximum rent increase each month of $50.00 (50%
share of total increase which would be paid by the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS on behalf of the Duck Key Security District would be $25.00), under the same
terms and conditions as set forth herein, provided, however, that LESSEE provides written notice
to the LESSOR of the intention to renew at least sixty (60) days prior to the expiration of this Lease.
3. RENT: The total rent for this term is the sum of Ten Thousand Two Hundred Dollars
($10,200.00) (of which total rent, 50% share is paid by the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS on behalf of the DUCK KEY SECURITY DISTRICT or $5,100.00, and the remaining
50% is paid by Hawk's Cay Investors, Ltd.), payable on the 5th day of the month for the tenancy
of the previous month in equal installments of Eight Hundred Fifty Dollars ($850.00) (of which, 50%
share is paid by the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS on behalf of the
DUCK KEY SECURITY DISTRICT, and the remaining 50% is paid by Hawk's Cay Investors, Ltd.).
LESSEE agrees that the security deposit paid hereunder is made as security for full and faithful
performance of this Lease, including but not limited to monetary damage to the LESSOR caused
by the LESSEE'S breach of the lease prior to the expiration thereof. Such deposit shall be held in
a separate account for the benefit of the LESSEE by the LESSOR. The security deposit will be held
by and all rent payments will be made to the LESSOR, on or before the date in which each
installment becomes due, at the residence of LESSOR located at 416 Harbour Drive, Duck Key, FL
33050.
In the event of a failure of HAWK'S CAY INVESTORS, LTD., to make timely payments of the
amounts owed by it under this agreement, the BOARD OF COUNTY COMMISSIONERS is
authorized to make such payments on behalf of HAWK'S CAY INVESTORS, LTD., out of any
available district funds. HAWK'S CAY INVESTORS, LTD. shall be liable to the Board of County
Commissioners for any payments made by the Board on behalf of HAWK'S CAY INVESTORS, LTD.,
plus interest computed at the maximum legal rate commencing from the date of the Board's
payment. If the Board has made any payments on behalf of HAWK'S CAY INVESTORS, LTD.
during the term of this lease, then upon termination, the deposit of HA WK'S CAY INVESTORS, LTD.,
after deduction of amounts properly owed the LESSOR, shall become the property of, and paid
over to, the BOARD OF COUNTY COMMISSIONERS and shall reduce the amount otherwise owed
by HAWK'S CAY INVESTORS, LTD.' to County.
4. FURNISHINGS: The premises are leased as furnished, containing the items of
household furniture, kitchen, utensils, and other household items listed in the separate schedule
attached hereto and made a part hereof. No furnishings or other household items are furnished
or leased with the premises other than those listed in the schedule. LESSEE agrees to return all
items listed on the schedule to LESSOR at the end of the term of this lease in as good condition
as when received, reasonable wear and tear excepted.
It is expressly agreed that any items within the leased premises which the LESSEE wants to
store may be done at LESSEE'S sole expense. Any item so stored by LESSEE shall be returned to
the leased premises, in as good of condition, prior to the expiration hereof.
5. SHOWING FOR RE-RENT AL: LESSEE hereby grants permission to LESSOR to show to
new rental applicants and to inspect the lease premises at reasonable hours of the day, within
the sixty (60) days immediately preceding expiration of the term of this lease.
6. ENTRY FOR INSPECTION, REPAIRS AND ALTERATIONS: LESSOR, or his agent, shall
have the right to enter the leased premises at all reasonable hours to inspect them, and
wherever necessary, it make repairs and alterations to the leased premises.
7. UTILITIES: Refuse collection and sewer service expenses will be the responsibility of
the LESSOR. Electricity and telephone, are not furnished as a part of this lease. Such utilities are
the responsibility of and shall be obtained and paid for, at the expense of the LESSEE. Water,
gas and cable service are provided by the LESSOR.
8. PETS: No pets are allowed to be kept at the lease premises.
9. WASTE, NUISANCE, OR UNLAWFUL USE: LESSEE agrees that there will be no
committing waste on the premises, or maintain or permit to be maintained a nuisance thereon.
LESSEE further agrees not to use the demised premises or any part thereof, or permit the same to
be used for any illegal, immoral or improper purposes, not to make, or permit to be made, any
disturbance, noise or annoyance whatsoever detrimental to the premises or the comfort and
peace of the inhabitants of the vicinity of the demised premises.
10. LESSOR'S RIGHT TO TERMINATE LEASE: If the LESSEE fails to comply with any of the
material provisions of the lease, other than the covenant to pay rent or of any present rules and
regulations or any that may be hereafter prescribed by LESSOR, or materially fails to comply with
any duties imposed on LESSEE by statute, the LESSOR may terminate this lease, pursuant to State
Statutes.
If LESSEE fails to pay rent when due, and the default continues for three (3) days
(excluding Saturday, Sunday and legal holidays) after delivery of written demand by LESSOR for
payment the rent of possession of the premises, LESSOR may terminate the lease.
11. WAIVER OF ONE BREACH NOT WAIVER OF OTHERS: Waiver by LESSOR of any
breach of any covenant or duty of LESSEE under this lease is not a waiver of a breach of any
other covenant or duty of LESSEE or of any subsequent breach of the same covenant or duty.
12. RESIDENCE: LESSOR acknowledges that two Sheriff's deputies shall reside on the
premises.
13. INSURANCE: LESSOR will obtain insurance coverage for personal property of the
LESSOR, public liability, fire and extended coverage, flood, furnishings, and plate glass, except
the LESSOR'S insurance will not cover the LESSEE'S personal property or furnishings in or upon the
lease premises.
14. ATTORNEY'S FEES: If a party to this lease should prevail in any legal action brought
to enforce it or for its breach, the parties agree that such prevailing party may recover as part of
the judgment reasonable attorney's fees.
15. LESSEE'S HOLDING OVER: If LESSEE holds over and continues in possession of the
premises or any part thereof after the expiration of this lease without the written permission of
LESSOR, LESSOR may recover possession of the premises in the manner provided by law. For the
period during which LESSEE so refuses to surrender possession, LESSOR may recover double the
amount of rent for the premises of any part so held by LESSEE.
16. REP AIRS BY LESSEE: The LESSEE shall make any and all repairs to the said premises,
plumbing, fixtures, wiring, etc., when damage was in any wise caused by the fault or negligence
of the said LESSEE and will, at the end of this lease, surrender and deliver up said premises
without demand, in as good order and condition as when entered upon. Loss by fire, inevitable
accident, ordinary wear and decay are only excepted.
17. REDECORATION OR ALTERATION: LESSEE shall not make alterations to the leased
premises or redecorate it in any way that would make alterations, or repaint the walls or
woodwork, except provided herein, without first obtaining the LESSOR'S written consent. It is
expressly acknowledged that no water beds shall be permitted in the leased premises.
18. LA W GOVERNING DISPUTES: The parties agree that the law of the State of Florida
will govern all disputes under this lease, and determine all rights hereunder.
19. LEASE APPLICABLE TO SUCCESSOR AND ASSIGNS: This lease shall inure to and be
binding on the heirs, successors, executors, administrators, and assignees of the parties.
WHEREFORE, the parties have duly executed this Lease, effective as of August 1, 1998, on
the dates set forth below.
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Title I/. r / 6E~ ndl6-'V7
Date '7/::J.lrtf
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jleaserice
BOARD OF COUNTY COMMISSIONERS
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Mayor/Chairman
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LIVING ROOM,
Rup; Venetian Hlind~; Vertical Ulind:c; (2) [In.:llneu, Leather; (~) Lcathc:r Sectlonnls; (J) CHI",.
TeJevi..don
BEDROOMS;
rust: Sreads; RUgJ; (I) Lamp; (t) Dr~_\Scr; (1) Ch..ir; (2) Pillows; Sh"tf(!S; Night Stnnd
Second: Sprcad~; Rugs;. (J.> l~mr; (2) ()re",..,~r~; (:~) Chl'ir,;; (2) Pi1J()WS; S""de~: Night SlnncJ;
(J) Leather SeAt; (J) Lcftthl:t Chuir; (;) Cu)m Tdevi~i()n
DJNJNG RQUMl
Olning Table; (6) Dinin& CbRir~; RultT.
UNEN.
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Sheetl; PlUow Slips; Face Towels; Bath Tuwels; Bnlh MnlS: Shower Curtl'ins
J)ISIIESI
Dinner PJate5; Brcad and BUller Pll1tCA; Soup PJar~; Pic Plates: Cups; SAucers; Ccre1!1 Dishes;
Veactablc DJlh~; Plotters
SILVERI
Knives; Forb: Small Spoons; Soup Spoons; Salau Forks: Sug3r Bowl: Cream Pitcher: SaIl
Shaker; Pepper Shaker; Water Glasses; .Ice Tea OJa'~e5; Water Pitcher; Glass Dishes
KlTqIEN,
Small ironing Board; Waste Baskets; ReCriKCr:1tor; Rnng(~; Towel Rack: Frying Pl\n~; ROllster;
Cake Pans; Coffee Pot; Ten Keltle; Pnncakc: Turner; Dish P~n; Strainers; RoJling Pin: Call
Opener; Large Spoon; Luge Furk; Dlender; Vacuum Oe,mcr; MicrowAve Oven: Tm(~ter:
Electric Miler
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