09/07/1993
r
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~usin~ss
THIS AGREEMENT, entered into this ith
1fi~ast
day of ~
, 19 Cf ~
betweenDiane C. Chaplin d/b/a Prime Properties, 5190 Overseas Hwy'~,
1vlaratl1on, Florida 3305-0 , hereinafter called the lessor,
party of the first part, and BOARD OF COUI~TY C01vtMISSIONERS
of the County of Ivl0NROE and State of FLORIDA
hereinafter called the lessee or tenant, party of the second part:
WITNESSETH, That the said lessor does this day lease unto said lessee, and said lessee
does hereby hire and take as tenant under said lessorJaaom TWENTY ~ FOUR
HUNDRED NINTY FIVE (2495) Square Feet of Space, as shown on EXHIBIT "A".
Located at 80th St., Ocean, Marathon. Also known as 7993-7999 Overseas Hwy.,
Ikk Marathon, FL. 33050
situate in Marathon State of Fl or; n;:t , to be used and occupied by the lessee as
suburban commercial use (office} and for no other purposes or uses whatsoever, for
the term of Three (3) years , subject and conditioned on the provisions of
clause ten of this lease beginning the TENTH (10th) day of SEPTEMBER
1993 , and ending the NINTH (9th) day of SEPTEMBER , 19 96
at and for the agreed total rental of Eighty six tho.usand four hundred (86,400.)
Dollars, payable as follows: $2,400. per month to be paid within 3-4 working days
after the 20th of each month, beginning on September 20, 1993 with the last
rent payment paid on the 20th of August 1996.
The above three year lease is subject to an annual review. Any increase in the
rent is based on cpr for Wage Earners and Clerical Workers in the Miami, Florida
area index and shall be based upon the annual average CPl.
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as stipulated above .:~
all payments to be made to the lessor witljout
demand at the office of Chaplin Real Estate 5190 Overseas Hwy. in the City of
Marathon, 33050 or at such other place and to such other person, as the lessor
may from time to time designate in writing.
The following express stipulations and conditions are made a part of this lease and are here-
by assented to by the lessee:
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FIRST: The lessee shall not assign this lease, nor sub-let the premises, or any part thereof nor use the same,
or any part thereof, nor permit the same, or any part thereof, to be used for any other purpose than as above stipu-
lated, nor make any alterations therein, and all additions thereto, with()~t the written consent of the lessor, and
all additions, fixtures or improvements which may be made by lessee, except movable office furniture, shall be-
come the property of the lessor and remain upon the premises as a part thereof, and be surrendered with the prem-
ises a. .~ the termin,tiop of this leas~ In II-eu of a se~uri ty deposi t, Lessee agrees to return
prem~ses t~the1r or1g1nai state at Lessor s request.
SECOND: All personaT property placed or moved in the premises above described shalI be at the risk of
the lessee or owJier thereof, and lessor shall not be liable for any damage to said personal property, or to the
lessee arising from the bursting or leaking of water pipes, or from any act of negligence of any co-tenant or
occupants of the building or of any other person whomsoever.
THIRD: That the tenant shall proIl!Ptly execute and comply with all statutes, ordinances rules,
orders, regglations 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 saia term; and shaltaIso promptly comply with and
execute all rules, o:;ders and regulations of the applica.ble 1)t,eIpreventipQ codes for the pre~ention of fires, at
own cost and expense.Lessee 1S tax exempt & w1i prov1C1e Lessor w1tn document: 1:0
conf~fP:fi: i~fl$l'-tH1Jg\\remises shalI be destroyed or so damaged or injured by fire or other casualty
during the life of this agreement, whereby the same shall be rendered untenantable, then the lessor shall have the
right to render said premises tenantable by repairs within ninety days therefrom. If said premises are not rendered
tenantable within saId time, it shall be optional with either party hereto to cancel this lease, and in the event of
such cancellation the rent shaIl 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 faithful observ-
ance of the rules and regulations printed upon this lease, and which are hereby made a part of this covenant and
of such other and further rules or regulations as may be hereafter made by the lessor, are the conditions ~pon
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 existence, or which may be hereafter prescribed by the lessor
shall at the option of the lessor, work a forfeiture of this contract, and all of the rights of the lessee hereunder:
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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 le'ase or he may enter said premises
as the agent of the lessee, WIthout being liable in any way therefor, and relet the premises with or without any:
furniture that may be therein, as the agent of the lesseeJ at such price and upon such terms and for such duration of
time as the lessor may determine, and receive the rent tnerefor, applying the same to the paY!Dent of the rent due by
these {>resents, and if the full rental herein provided shall not- be realized by lessor over and above the expenses to
lessor In such re-letting, the said lessee shallj)ay 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 eollection 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: The lessee agrees that he will pay all charges for rent, 1M, electricity or other illumination, and for
all water used on said premises, and should said charges for rent, liglit 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, the lessor may at its option
consider the said lessee tenant at sufferance and the entire rent for the rental period then next ensuing shall at once
be due and payable and . may forthwith be collected by distress or otherwise.
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 pre~ises as security for the payment of the
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.
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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 withi~ thirty (30) days before the expIration
o.f this lease.. 'rhe righ~ of entry shall likewise exist for the pqrppse of removing placa~ds, signs, fixt~rf!s, 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 w~te:r: apparatus, or electric lights or any fix-
ture, appliances or appurtenances of said premises, or of the building, ctl~sed 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 b~tween the parties to this agreement, that
the landlord shall not be liable for any damage or injury by water, which may be sustaine4 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 !luthorized at itsoptio~, t~ forthwitli can~el this
lease, as lor a default. Lessor may elect to accept rent from such receIver, trustee, or other JUdICIal officer dunng the
term of their occupancy in their fiducia:ry capacity without affecting lessor's rights as contained 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 .tbe 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, personal
representatives, 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: All storm panels,- clips~ door tracks are 'inventoried and
stored in the four(4) closets where the hot water tanks are located. The Lessee
is responsible for erecting the panels in the event of a storm.
TWENTY-THIRD: The Lessor agrees to provide one handicapped drinking fountain.
TWENTY-FOURTH: The Lessor will provide the paint needed for Lessee to main-
tain the building in its new condition. A semi-annual inspection will be made by
Lessor to assure this maintenance is being done.
TWENTY-FIFTH: The Lessor is responsible for yard maintenance, solid waste
(not to exceed one dumpster with 2 pickups per week), repairs to al'l air units, hot
water, plumbing, ets., which were installed by Lessor.
TWENTY-SIXTH: The Lessee agrees to carry general liability insurance in the
amount of $100,000./$200,000. per person for bodily injury and $100,000. per occur--
ence for property damage, as per F.S. 768.28.
TWENTY-SEVENTH: The Lessee will provide water for landscaping which is com-
prised of native plants and trees.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the
purpose herein expressed, the day and year above written.
/,---S... igned, sealed d delivered in the presence of: .
/J/ ~.C, (
( Seal
Lessor
By
TEST: DANNY L. KOLHAGE, CLERK
~o..tdC. AAv~
As to Lessee /
Deputy Clerk
()Q.o.,,-9.3
BOARD OF COUNTY COMMISSIONERS
OF MO COUNTY, FLORIDA (Seal
"....
County of
'-f'Y) ~
I
Lessee
Mayor/Chairman
APPROVr-., AS T" F("~,~.~ /
.':~L; '.'~,f[,H ..' .
DATE:
By
STATE OF
Cr..;'
Before me, a Notary Public in and for said State and County, personally came
ga..t,!C J.., 0 nJ. 0 n J IlIt..~D" / Ch""rmf.l;1'l
well known and known to be the persOll- named in the foregoing lease, and
acknowledged that ~
to me
~
executed the same for the purpose therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
IJf-M
day of
~ ,\C 1iw&.6.tA.J
/ f
9\3
, 19_.
.tf3~~J
Notary Public
My commission expire~
17115 Ins/rolnen/ prepared hy:
Address
@ RlJTH ANN JANTZEN
Notcry STATE OF FLORDA
PubIc My Conm Exp f2I?IJ/fYJ
BONDED
III . ..
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SWORN STATEMENT PURSUANT TO SECfION 287.133(3)(8),
FLORIDA STA~, ON PUBLIC ENTIlY CRIMES
1.
by
for
whose busine.,s address is
5/90 {)v.erseas 1-fwc:J.~
fVl MCtflu:ry" FL .3 3 0
f
and (If applicable) its Federal Employer Identification Number (FEIN) Is
(If the entity has no FEIN, include the Social Security Number of the Individual signing this
cJ-bS- Jh/- g 300
sworn statement:
.)
2. I understand that a "public entity crime" as delined in Paragraph 287.133(1)(g), FloUds $tstutt:J. means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the Unlte~
States, including, but not limited to, any bid or contract for goods or services to be provided to any public
entity or an agency or political subdivision of any other state or of the United States and Involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined In Paragraph 287.133(1)(b),1I]grId1t ~latateL means
a lindlng of guilt or a conviction of a public en'lty crime, wi.h or wI.hout an adJudlClltlon of JUIlt, In any
federal or state trial court of record relating to charges brought by Indlctmen. or Information after July I,
1989, as a result of a jury verdict, nonjury trial, or entry of a plea of JUllly-or nolo contendere.
4. I understand that an "affiliate" as delined in Paragraph 287.133(1)(a), FIorI4a ~tQteI. means:
1. A predecessor or successor of a person convicted of a public endly crime; or
2. An entity under the control of any natural person who Is active In tile ....aement of tile endly and
who has been convicted of a public entity crime. The term waftlUate. includes those ofllcen, directors,
executives, partners, shareholders, employees, members, and laen.. who are acthe In tile ........... of
an affiliate. The ownership by one person of shares constftutln. a amtroUln. Interest In uotJaer penon,
or a pooling of equipment or income amonl pemmt when not for fair market value under an arm.. IenJth
agreement, shan be a prima fade case that one penon am.rols lnodter penon. A penon who bowfnlfy
enters in.o a Joint ven.ure wi.h a person who hIS been convicted of. pabHc entity crime In FIorfcIa daring
the preceding 36 months shall be ronsidered an afllliate.
5. I understand that a "person" as delined in Paragraph 287.133(1)(e), FIorId8 Stltutes, means any natural
person or entity organized under the laws of any sta.e or of the United States wi.h the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or services
let by a public entity, or which otherwise transacts or applies to transad business with a public entity. The
term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in management of an entity.
.~'. 6.
Based on information and belief, the !'Itatement which I haWl marked below Is true In relation to the entity
sUbm~g this sworn statement. (Indicate which .tatement .pplles.]
~ Neither the entity submitting this sworn statement, nor any of Its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active In the management of the entity, nor
any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
I, 1989. .
- The entity submitting this sworn statement, or one or more of Its officers, directors, executives,
partners, shareholders, employee.'l, members, or alents who are active In the manalement of the entity, or
an aCmiate oC the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989.
- The entity submitting this sworn statement, or one or more of Its omcers, directors, executives,
partners, shareholders, employees, members, or agents who are active In the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of florida,
Division of Administra~ive Hearings and the Final Order entered by the Hearing Officer determjned that
it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list. (attach a copy or the On81 order]
I UNDERSTAND nlAT nlE SUBMISSION OF TillS FORM TO mE CONTRACIlNG OFFICER FOR mE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPII 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
TIIAT nns FORM IS VALID TJlROUGII DECEMBER 31 OF TIlE CALENDAR YEAR IN WlIICH IT IS FILED.
I ALSO UNDERSTAND nlAT I AM REQUIRED TO INFORM mE PUBLIC ENTITY PRIOR TO ENTERING
INTO A CONTRACT IN EXCESS OF nlE TIIRESIIOLD AMOUNT PROVIDED IN SECIlON 287.017, n..pRlDA
STATUTES FOR CATEGORY lWO OF ANY CHANGE IN mE INFORMATION CONTAINED IN mls FORM.
~Q.C2t '.
[Sllll.turej"~
S\yorn to and subscribed before me this
lei" day of
~
,
. 1993.
Personally known
fJ~~~
OR Produced identification
Notary Public - ~tate of
(Type or identification)
~;t\1M T (:s ~ ',1(; I,: r'L1: (<it)
My commission" ~".';,',,:',"! ('C ~1~"':: I ",';~ L 'I~. 11:"""' J
&/1 R.~I:d0/;Ye;;-e~'
(Printed typed or stamped
oommllsloned n.me or notary public)
NOTlAR"i PliBLIC STJ\TE or FLOR! D!\
Form PUR 7068- (Rev. 06/18192)
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
. ..
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
'j)f4.~ne Ch.(,L~ warrants tha@it has not employed,
retained or otherwise had act o~its behalf any former County officer
or employee in violation of section 2 of Ordinance No. 10-1990 or any
County officer or employee in violation of section 3 of Ordinance No.
10-1990. For breach or violation of this provision the County may, in
its discretion, terminate this contract without liability and may also,
in its discretion, -deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage,
gift, or consideration paid to the
f~tCi.f~ ee.
(signature)
9 II /93
/ I
Dat.e:
STATE OF r ..i.tYu d 'L
COUNTY OF 111 ~
Subscribed and sworn to (or affirmed) before
me on ~ /J J19~__ (date) by
.~ · (!, ~~ (name of affiant).
He / €.;) ..i~ p9.r ""'lno'lll y ~noW1 tg ~ or has produced
as identification.
(type of identification)
I!b A~4 ~:;td;?
NOTARY BLIC
MCPI4 REV. 2/92
\J n\ \~,'
~t)1 A~. l ~(~:'l~"
li\ '( C o~ \~.61 ~...),;. \ I
t\O~DED '\ hi~,)
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CERTIFICATE OF COVERkuE
Certificate Holder
DIANE CHAPLIN DBA PRIME PROPERTIES
5190 OVERSEAS HIGHWAY
MARATHON FL 33050
1~ql
Administrator
Issue Date
11/14/96 JB
t
I
! COVERAGES
THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOlWrrffSTANDING ANY
REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR Of HER DOCuMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MA Y PERTAIN, THE COVERAGE
AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT.
Florida League of Cities, Inc.
Public Risk Services
P.O. Box 530065
Orlando, Florida 32853-0065
COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST
AGREEMENT NUMBER: FMIT 386 I COVERAGE PERIOD: FROM 1011/96 I COVERAGE PERIOD: TO 9130/97 12:00 Midnight Standard Time
TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE _ PROPERTY
General Liability
l!J Comprehensive General liability, Bodily Injury, Property
Damage and Personal Injury
f!J Errors and Omissions Liability
f!J Employee Benefits Program Administration Liability
l!J Medical Aftendanfs'/Medical Directors' Malpractice Liability
f!J Broad Form Property Damage
D Law Enforcement Liability
l!J Underground, Explosion & Collapse Hazard
D
Limits of Liability
$100,000 Each Person or * Combined Single Limit
$200,000 Each Occurrence
Deductible $
~utomoblle Liability
DAfI owned Autos (Priv. Pass.)
DAII owned Autos (Other than Priv. Pass.)
o Hired Autos
o Non-Owned Autos
Limits of Liability
$100,000 Each Person or * Combined Single Limit
$200,000 Each Occurrence
Deductible $
o Buildings
o Basic Form
o Special Form
o Personal Property
o Basic Form
o Special Form
OAgreed Amount
o Deductible -1-
o Coinsurance ~
o Blanket
o Specific
o Replacement Cost
OActual Cash Value
o Miscellaneous
o Inland Marine
o Electronic Data Processing
o Bond
o
Limits of Liability on File with Administrator
I~
~
$ Miscellaneous Equipment
tomobUe/Equlpment · Deductible
~hysical Damage $ Comprehensive - Auto $ Collision _ Auto
ler
! limit of liability is $5,000,000 (Combined Single Limit) Bodily Injury and/or Property Damage each occurrence in excess of a self-insured retention of
),OOO.Thlslirnit is solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(5) Florida Statutes or liability Imposed pursuant
9deral Law or actions outside the State of Florida.
:r1ptfon of OperatlonslLoc:atlOnsNehlcJes/Specla' Items
Lease Agreement - 7993 - 7999 Overseas Highway.
ERnFlCATE IS ISSUED AS A MAllER OF INFORMATION ONLY AND CONFERS NO RIGHTs UPON THE CERTIFICATE 1tOLDER. THIs cERnFlCATE DOEs NOT AMEND, EXTEND OR
THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE.
IATED MEMBER
)ONNA PEREZ
~ISK MANAGEMENT
IJONROE COUNTY BOARD OF COUNTY
:OMMISSIONERS
100 COLLEGE ROAD
:EY WEST FL 33040
(J0192)
CANCELLAnONS
SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENnEA VOR TO MAIL 30
DAYS WRmEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, Btrr FAILURE TO
MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LlABIU/'YOF ANY KIND UPON
THE PROORAM. ITS AGENTS OR REPRESENTATIVES.
71'c~ ~~ ~~ ~
AtrrHORJZED RE~A E .
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