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10/11/1989 tiusiUtss THIS AGREEMENT, entered into this II ~h tfitas.e ~ . day of 0 e,-Q) 1>. ... , 1989 between F. JAMES CHAPLIN AND BETTYE B. CHAPLIN, 5190 OVERSEAS HIGHWAY, MARATHON, FLORIDA 33050 , hereinafter called the lessor, party of the first part, and MONROE COUNTY 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 5160 OVERSEAS HIGHWAY, MARATHON, FLORIDA 33050 (CHAPLIN BUILDING) AND HAVING APPROXI- MATELY 1500 SQUARE FEET OF SPACE. No. situate in MARATHON COUNTY OFFICES State of Fr~ORTnA , to be used and occupied by the lessee as and for no other purposes or uses whatsoever, for the term of ONE (1) YEAR , subject and conditioned on the provisions of clause ten of this lease beginning the FOURTEENTH day of JULY 1989 , and ending the THIRTEENTH day of JULY , 19 90 at and for the agreed total rental of FIFTEEN THOUSAND, ONE HUNDRED SIXTY-SEVEN AND 28CEN S Dollars, payable as follows: ONE THOUSAND, TWO HUNDRED SIXTY-THREE AND NINETY-FOUR CENT ($1,263.94) PAYABLE WITHIN THIRTY (30) DAYS OF EACH DUE DATE, COMMENCING ON 14 JULY 1989 UNTIL 13 JULY 1990. all payments to be made to the lessor on the first day of each and every month in advance without demand at the office of CHAPLIN REAL ESTATE, 5190 Overseas Highway, in the City of MARATHON, FLORIDA 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: 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 shaH be at the risk of the lessee or owner thereof, and lessor shall not be Jiable for any damage to said personal property, or to the lessee arising from t.he 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. . TfIIRD: That the tenant shall proll!Pt1y execute and comply with all statutes, ordinances rules, orders, reg1!lations 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 shall also promptly comply with and execute all rules, orders and regulations of the applicable fire prevention codes for the prevention of fires, at 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 shaH 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 shaJl 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 Jessee hereunder: ... SIXTII: If the lessee shall abandon or vacate said pf"emises before the end of the term of this leaee, or shall sufTer the rent to be In arrears{ the lessor may, at his option, forthwith cancel this lease or he may enter Raid premises 8S the agent of the lessee, w thout being liable In any way therefor, and relet the premises with or without an~ furniture that may be therein, 8S the agent of the lessee at 8uch price and upon such terms and for such duration of time 8S the lessor mal determine, and receive the rent tit ere for, applying the same to the payment of the rent due by these \lresents, and i 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 fun rental is realized lessor wilt pny over to said lessee the exceS8 of demand. SEVENTII: Lessee agrees to pay the cost of col1ection and ten per cent attorney's fee on any part of said rental that may be collected by suit or by attorney, after the some Is post due. EIGIITII: The lessee egrees that he will ~~ all charges for rent., gos, electricity or other illuDlination, and for all water used on said ~remiges, end should said charges for rent, light or water herein provided for at any Hnle rernain due and unpaid for the space of five days after the same shall have become due, the lessor may at ils 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 distre8s or otherwise. NINTH: The said lessee hereby pledges and assigns to the lessor all the furniture, fixtures, goods and chattelfJ of said Jessee, which shall or may be brought or put on said premises 8S 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 t,he election of tbe 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 nnd 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 pr,rt of the : requiring this space, the lessee hereby agrees to vacate same upon receipt of sixty (80) da}'s' written notlee And the return of any advance rental paid on account of this lease. ELEVENTII: The lessor, or any of his agents, shall have the right to enter said premises during all reason.. able hours, to examine the lame to make 8uch repalr8, additions or alterations a8 may be deemed necessary for the safety, comfort} or preservation thereof, or of laid building, or to exhlbl~ laid premises] and to put or keep upon the doors or WIndows thereof a notice 'FOR RENT" at any time within thirty (80) days before the expiration of this lease. The right of entry shall IIkewfse exist for the purpose of iemovlnR placprds, signs, fixtures, altera- tions, or additions, whIch do not conform to this agreement, or to the rules and regulations of the building. TWELFTH: I.,essee hereby accepts the premises In the condition they are In at the beginning of this lease nnd agrees to maintain said premises In the same condition, order and repair a8 they are at the commencement of said term, excepting only reasonable wear and tear arising from the use thereof under this 8~eement, and to make good to said lessor Immediately upon demand, any dama,e to water apparatus, or electric lights or any fix- ture, appliances or appurtenances of said premises, or of the bundlng, caused by any act or neglect of lessee, or of any person or persons In the employ or under the control of the lessee. TIIIRTEENTH: 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 nlay be sustalne~ 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 soli pipes, or other leakage In or about the said building. FOURTEENTII: If the lessee shall become insolvent or if bankruptcy proceedings shall be begun by or against the lessee.. before the eod of Bald term the leBBor is hereby irrevocably authorized at its option, to forthwith cancel this lease, 88 lor 8 default. Les80r may eJect to accept rent Cram such receiver, trustee, or other judicial officer during the term of their occupancy in their fiduciary capacity without affecting lessors rights 88 contained in this contract, but no receiver, trustee or other judicial officer Bhall ever have any right, title or interest in or to the above described property by virtue of this contract. FIFTEENTII: I.lessee hereby waives and renounces for hhnsel1 and family any and all homestead and ex- emption rlgllts 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 nny portion hereof, or any other obligation or damage that may accrue under the terms of this agreement. SIXTEENTII: This contract shall bind the lessor and jts Dssigns or succeS80rs, and the heirs, Dssigns, personal repreBentativeB, or BucceBsors as the case may be, of the lessee. . ' SEVENTEENTII: 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 condition! contained herein. EIGIITEENTH: It Is understood and agreed between the parties hereto that written notice mailed or deliv- ered to the premises leased hereunder shan constitute sufficient notice to the lessee and written notice mailed or delivered, to the offlee of the lessor shan constitute sufficient notice to the Lessor, to comply with the terms of this contract. NINETEENTH: The rights 01 the lessor under the foregoing shall be cumulative, and failure on the part of the lessor to exercise promptly any rights given hereunder shaH not operate to forfeit any of the said rights. TWENTIETII: It Is further understood and ngreed between the parties hereto that any charges agahlst the lessee by the lessor for services or for work done on the rremlses by order ot the lessee or otherwise accruing under this contract shall be considered as rent due and sha1 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, Inclufllng awnings, In connection with t11e.rremlses leased hereunder shan be first submitted to the lessor for approval be- fore Installation of lame. TWENTY-SECOND: Lessee slla1!, at his expense, keep the premises in good order and repair during the term of the lease, including, but not limited to cracked and broken glass, air-conditioning, door~, locks, plumbing and electrical, repairing or replacing with similar or better size or quality~ TWENTY-TIIIRD: Lessee agrees to carry general liabllity insurance in the amount of $ 100,000/$200,000 per person for bodil.y injury and $ 100,000 per occurence for property damage, as per F.S. 768.28. TWENTY-FOURTIJ: Lessee lIas the option to renew tile lease for One (1) Year wl th an increase based on CPI of the past year. TWENTY-FIFTII: This lease may be terminated by the Lessee upon the following conditions: 1. Written notice of intention to terminate said lease shall be given to the l.essor not less than One Ilundred Twenty (120) days priJr to SUCll termination, and 2. Written confirmation shall be given to tIle Lessor tllat the Lessee lIas nllt-~inf'r1 rtr1~l11ntp office space 1n a qovernmental buildi.ng. TWENTY-SIXTlt: Lessee agrees~to pay to Lessor $ 50.00 per month for water service. TWENTY-SEVENTJI: Lessee agrees to pay for garbage service. IN Wll'NESS WIIEREOF, the parties hereto hnve hereunto executed this Illstrulnent for the putpose herein expresAed, the dny nnd year nbove written. Signed, sealed and delivered In the presence of: 17 L r1- -::::;~ ----1d~_ . &~(1~~~ AR to Lessor -~~ -APL-- ---- -_ (Senl D1\NNY L. KOLII As to Lessee f;.rATE OF FI..onID1\ --_______1 API'ROV60 AI TO,.. AND LEGAL $tJIF1C8ICf. 6V L~~~". tfIItlJMrl- COUht.y 01 MONROE Before me, R Notnrr Public In And for 8Rld SWe nnd County, personnlly cnme F. James ChaJ~lin ____ a ,)_<;1_Jte.l:J:y~_ _8. ChC!Ql iIL-____________._-_____~_'__________ well known nnd known to be the per8on-11- nAmed In tlu! foregoing Jen!J~, nnd they'_ nckl1owledg~d tJ1Rt t.lley executed tht! RAme for the purpose therelll expres!iled. __..__to h1(! IN WITNESS WIIEREOF, t 'lAve hereunto Ad my "nnlf nnlt nfflJ{ed my oWeln' lien' thp. ;< J~~_______H (W ~51- ----, 19Xf--. PJ2 - F=-~~----P- dny of Nohtry rt1hllc 'l',,~, /""'111111("'" I"YI,a1rJ I'J: /1 tIt Itrf.f My cotllml!-;Alon @Xplrf!9 NO:d:Y pu~n~, StC1te of Frorida at large My Corn rr: i ~; ::~ iJ n f:: '-: ;) ire sMa r c h 9, 1 992 Bon cJ 2 cJ l Ii r U l:':J (! n tis r! uta r y B;- c ~~ c r z. g e