11/17/1987
~usintss
Ifitast
THIS AGREEMENT, entered into this
14th
day of
July
, 19 8 7
between
F. James Chaplin and Bettye B. Chaplin, 5190 Overseas Hwy.
Marathon, Florida 33050 , hereinafter called the lessor,
party of the first part, and Monroe Coun ty
of the County of Monroe 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 lessor Room or Space described
5160 Overseas Highway, Marathon, Florida, 33050 (CHAPLIN BUILDING)
and having approx. 1500 sq. ft. of space.
No.
situate in Mara thon
offices
Florida, to be used and occupied by the lessee as Coun ty
and for no other purposes or uses whatsoever, for
, subject and conditioned on the provisions of
day of July
the term of One (1) Year
clause ten of this lease beginning the 14 t h
1987 , and ending the 13th day of Ju~ly
at and for the agreed total rental of Thirteen Thousand
Dollars, payable as follows: $1,125.00 per month rent
, 19 88 ,
Five Hundred andOO/l00
all payments to be made to the lessor on the fi~st day of each and every month in advance without
demand at the office of Chaplin Real Estate, 5190 Overseas, HWY,in the City of
Ma r a thon , Fl. 330 5 0 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:
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, witho~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 at the termination of this lease.
SECOND: All personal property placed or moved in the premises above described shall be at the risk of
the lessee or owner 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 promptly execute and comply with all statutes, ordinances, rules,
orders, regulations 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 said term; and shall also promptly comply
with and execute all rules, orders and regulations of the Southeastern Underwriters Association for the preven-
tion of fires, at its own cost and expense.
FOURTH: In the event the premises shall 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 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 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 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 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,
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 expressly waives any and all notice required by law
to terminate tenancy, and also waives any and all legal proceedings to recover possession of said premises, and ex-
pressly agrees that in the event of a violation of any of the terms of this lease, or of said rules and regulations,
now in existence, or which may hereafter be made, said lessor, his agent or attorneys, may immediately re-enter
said premises and dispossess lessee without legal notice or the institution of any legal proceedings 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 therefor, and relet
the premises with or without any furniture that may be therein, as the agent of the lessee, at such price and upon
such terms and for such duration of time as the lessor may determine, and receive the rent therefor, applying 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 ~ollection 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, gas, electricity or other illumination,
and for all water used on said premises, and should said charges for rent, light 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 immediately re-enter upon said premises and the
entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collect-
ed 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 pren:tises 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.
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 ; requiring this 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 exhibit said premises, and to put or keel? upon
the doors or windows thereof a notice "FOR RENT" at any time withi~ thirty (30) days before the expIration
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.
Twe~ty-S~cond: Lessee shall, at his expense,keep the premises in good order and
repalr dl;1rmg t~e. te:m of this lease, including not limited to cracked and broken
glas~, al:-con~1!10nLng, doors, ~ocks, pl~ing and electrical, repairing or re-
placmg wlth s1IDllar or better Slze or quallty. Lessee shall carry insurance on
all glass in the premises, in a company acceptable to the Lessors in the full
~~unt, and shall provide evidence to Lessors, if required, during the tenn of
thlS lease.
II
Twenty-Third: To the extent pennitted by law, Lessee releases Lessor fran, and
waives all claim to damages to person or property, sustained. by the Lessee, or
any other person, from the premises or any other part thereof, or any equipment,
appurtenances, and inventory therein, becoming out of repair or resulting from any
accident in or about the premises, or resul ting directly or indirectly from any
act or neglect, or any other tenant, or other person, including Lessors or their
agents. Lessee further agrees to hold Lessor hannless from any claim or damage
asserted against Lessors or their agents by anyone as a result of any accident or
other occurrence on the leased premises. Throughout the tenn of this lease
Lessee agrees to carry Public Liability Insurance covering occurrences on the
leased. premises in the amOl.m.t of $500,000., in a company acceptable to the Lessor,
naming Lessors as additional insured, under said policy and containing a clause
requiring 10 days notice to all insured. prior to cancellation of said policy.
Proof of coverage shall be delivered promptly to Lessor or his agent.
Twenty-Fourth: This lease shall subordinate to any mortgages or liens upon the
property. This lease may not be pledged, collateralized or assigned. in any
manner by the Tenant and it shall not be recordable on any public record.
Lessee has the option to renew this lease for one year rent will be subject to
increase based onthe cost of living index.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the
purpose herein expressed, the day and year above written.
Signed, sealed and delivered in the presence of:
:.~~
As to Lessor
( Seal
( Seal
DANNY L. KOLHAGE, Clerk
&. ~
essee
t,
( Seal
~~~/J).L'.
As to ee
( Seal
11-' '1- "I"
A
to me
STATE OF FLORIDA,
County of YYj trYl..J.~ y'j
I
l?Y
Befo~otarY P~blic ~d S~te and County, personally cam
~ ,t'... (/ ~ /:) V ../ : ~
well known and - ~own to be the perso~ named in the foregoing lease, anr! --:::l;/a-
acknowledged that ::I:;lR{ executed the same for the purpose therein expr ed. ,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the ;;; 3 ~
day of
tJ-<!TA--I~A ..;
, IJ: 7
/{J-f~~ ~. ' a /)1(f~
NOT A R Y r' U eLl C ::' T ~. T E G r F i. J RID ^
MY C0f11H)Slu~~ E~Y. 1.~\:1 L'~.i990
My commissiol!b~pi:.r~ GC Nllj,li,L u~s. tJfW,
Notary Public, State of Florida at Large.
17us If/Slmmenl prepared hy: Lucien C. Proby, Jr. , COlmty Attorney
Add~~ 310 Fleming Street
Key West, Florida 33040