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07/11/1990 · t tfllusiness 1fienst THIS AGREEMENT, entered fnto this J I -fA day of July , 1990 between F. JAMES CHAPLIN & 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 laid lessor Room or Spaee 5160 OVERSEAS HIGHWAY, MARATHON, FLORIDA 33050 (CHAPLIN BUILDING) AND HAVING APPROXI- MATELY 1500 SQUARE FEET OF SPACE. 5 U P v, 0 ~ E Le.E,~'C /p,~'/' tJ I~,/S: No. situate in MARATHON State of ~LORIDA , to be used and occupied by the lessee as and for no other purposes or uses whatsoever, for the term of ONE (I) YEAR , subject and conditioned on the provisions of clause ten of this leaBe beginning the FOURTEENTH day of JULY 19 90 , and ending the THIRTEENTH day of JULY , 1991 , NIN~TttUNDRED'TWENTb~IVE ~~IR~fo~~h~'~!ir~~l!'rltJfff-c~ THOUSAND, 5lI~~ ~~ i~ LLAR~NO .0 ars,f.lati e as follows: ONE TROUSAND, THREE HUNDRED.am. DOLLARS AND ~ CENTS V~ : ~$1',3~) PAYABLE WITHIN THIRTY (30) DAYS OF EACH DUE DATE, COMMENCING ON d4 JULY 1990 UNTIL 13 JULY 1991. (, (\AG, L C 1.1. ., l.L. all payments to be mad~ 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 MAAATHON, FLORIDA' '33050 or at such other place and to such other person, 8S the lessor may from time to time designate In writing. The foUowingexpreBs stipulations and conditions are made 8 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 an1 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 stlpu- latedl nor make any alterations therein, and aU additions thereto, witho~t the written consent of the lessor, and an additions, fixtures or Improvements which may be made by lessee, except movable office furniture, shall be- come the property of the lessor and remain apon the premises as . part thereof, and be surrendered with the prem- Ises at the termination of this leaBe. , SECOND: All personal property jJlaeed or moyed 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 arlsln<< from the.. burlltlnR' or leaking of water pipes, or from any act of negligence of any co-tenant or '. occupants of the bulldinR or of any other person whomsoever. . 1'IIIRD: That the tenant flhall promotly execute and comply with all 8tatutes, ordin8nce9~ rules, orders, rf:'gulntions and requirements of the Federal, S'tate and City Government and of an)' and all their Depart- ments and Bureaus. applicable to said premiaes, for the corret;tion, preveution, and abatement of nuisances or other griev811ceR. in, upon or connected with 8aid premises during 8aia term; and shaJJ also promptly comply with and execute all ruleR, orden and regulations of the applicable fire prevention codeR for the prevention of fireR, at own coat ond expense. FOURTH: In the event the premises shall be destroyed or 80 damaged or Injured by fire or other casunlty 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 prernises are not rendered tenantable within said time, It shall be optional with either partr hereto to cancel this Jease, and in the event of such caneellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced In writing. FIFTII: The prompt payment of the rent for said premises upon the dates named, and the faithful observ. anee of the rules and regulations printed upon this leue. 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 a~ld aeeepted and any failure on the part of the lessee to compl,. with the terms of said leRse, 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: , SIXTII: If the le8see ahall abandon or vacate aaid premises before the end of the term of this le88e, or shall lufTer the rent to be In arrear8, the le880r may, at his option, forthwith cancel tbl. le8se or he may enter said premises 88 the 8gent of the le8see, without bein. liable In any way therefor, and relet the premlse8 with or without an~ furniture that may be therein, 8S the 81ent of the le8see at such price and upon such terms and for 8uch duration of time al the les80r may determine, and receive the rtrot t"ere'for, applyln, the seme to the payment of the rent due by these presents, and if the full rental herein provided shall not be realized by lesBor over and above the expenses to lessor in such re-letting, the said leslee shall pay any deficiency, and If more than the full rental Is realized lessor will pay over to laid lellee the exce8S of demond. SEVENTII: Lessee agrees to pay the cost of <<!ollectlon ond ten per cent attorneY'1 fee on any part of sold rental that may be eolleeted by lult or by attorney, .fter the some Is past due. EIOIITII: The leslee agrees that he will ~I!Y all charlee for rent., la8, electricity or other illumination, and for all water used on IBid ~remlses, and should laid charles for relit, light or water herein provided for at any linl~ relnain due and unpaid for the space or Dve daye .ner the lame sball have become due, the lessor may at its option conllder the said lessee tenant at 8ufferance end the entire rent for the rental period then next ensuinglhall at once be due and payable and may forthwith be collected by distress or otherwise. NINTH: The laid lessee hereby pledgel and assigns to the lessor 811 the furniture, fixtures, goods and chattels of laid les8ee, which shall or may be brought or ~ut on Bald premises as security for the payment of the rent Ilereln relerved, and the leslee agrees that the lalll lien may be enforced b, dIstress foreclosure or otherwise at I.he election of the .ald lellor. and does hereb, a,ree to pay attorne7'. fees of ten pereent of the amount 10 eollected or found to he due, torether with all costs and charrel therefore Ineurred or paid b, the les!or. TENTH: It Is bereb, agreed IInd under.tood between lessor and lessee that In the event the lessor decides to remodel, alter or demolllh all or .ny part of the premises leased hereunder, or In the event of the lale or long term lease of all or an, pr.rt of the · requiring tbls space, the lessee hereby agrees to vacate 18me upon reeelpt of .Ixt" (80) da)',' written notle. and the return of any advanee rental paid on aeeount of this leale. ELEVENTII: Th.lellor, or any of hi. .,ents, .hall have the right to enter laid premises durlnK aU reason- able hours, to examine the .ame to make .ueh repalrl, additions or alteration. al may be deemed necessar, for the lafet" eomfort1 or prelenatlon thereof, or of .ud bulldln<<, or to exhibit .ald premf.ell and to put or keep upon the doorl or Window. thereof a notice 'POR RENT" at an, time within thlrtJ (80) da,s belore tbe expiration of thll lease. The rl.ht of entry shan IIk..I.. exist for the purpose of iemovlnlf plae,rdl, Ilgn., fixtures, altera- tions, or addltlonl, which do not eonform to this .rreement, or.to the rulel and regulatlonl of the building. TWELFTH: Leaee hereby aeeepts the premises In the condition they are In at the berlnnlng of this lease Rnd arreel to maintain laid preml8e. In the .ame eondltlon, order and repair al tbe, are at the eommencement of Bald term, exeeptln, onl, realonable wear and tear arlsln, from the ule thereof under this aareement, and to make good to .ald le..or Immedlatel, upon demand, an, damlle to w.ter .pparatul, or electric lights or any fix- ture, .ppllaneel or appurtenaneel of .ald premlles, or 01 the building, eaused b, In, act or negleet of lessee, or of any perlon or perlons In the emplor or under the eontrol of the lessee. TIIIRTEENTR: It I. expressl, .creed and understood b, and between the parties to this arreement, that the landlord Ih.1I not be liable for an, damage or InJur, b, water, which may be lustalne~ by the lold tenant or other person or for an, other damll,. or InJut)' relultlna from the carelessness, neglllenee. or Improper conduct on the part ot an, other tenant or aaents, or emplo,eel, or b, realon of the breakale, leak.g.e, or oblltruetlon of the ~ater, lewer or loll pipe., or other leaka.. In or about the aid building. FOURfEENTII: If the lessee ahall become insolvent or If bankruptcy proceedlolB shall be begun by or ogainst the le8see., before the end of laid term the le880r II hereby irrevocably authorized at Its option, to forthwith cancel this lease, 8' lor a default. Lessor mal elect to accept rent from luch receiver, trustee, or other judicial officer during the term of their occupancy in their flducl~O' capacity without affecting les8or. rlght8 al contained in thil contract, but no receiver, trustee or other Judicial officer shall ever have any rijht, title or Interest In or to the above described property by ylrtue of thla contract. FIFTEENTII: l..,s8ee hereby ",alves and renounces for himself and famll, an)' and aU homestead and ex- emption rights he ma)' have now, or hereafter, under or by virtue of the constitution And laws of the State 01 Florid., or of any other State, or of the United States, as alalnst the payment of said rental or any porllon hereof, or an, other obllr_tlon or dama.e that may aecrue under the terml of this agreement. SIXTEENTII: Thl8 contract shall bind the lellor and It I a881gnl or succe8S0rs, and the heirs, a8slgns, personal repre8entatlve8, or luece880r. 81 the case may be, or the lellee. 8EVENTEENTII: It II understood and agreed between the parties hereto that time Is of the essence of thl. eontraet and thl. .ppllel to all terms and conditions contained herein. EJGIITEENTR: It f. understood and agreed between the partie. hereto that written nollee mailed or deliv- ered to the premlsea leased hereunder shan eonstltule lulflelent notlee to tbe lessee and written notice mailed or delivered. to the offlee of .the lelsor sh.n conltltute lufflelent notlee to the Leslor, to eompl, with the terms of this eontraet. NINETEENTH: The rJehts of the lessor under the forerolng Ih.1I be cumulative, and failure on the part of the lellor to exerelle promptl, an, rights ....en hereunder .han not operate to forfeit an, of the said rights. TWENTIETII: It II further underltood and .creed between the parties hereto tI.at any eharlel agal1l8t the Jessee b, the lessor for servleel or for work done on th. rremlsel by order of the leslee or otherwise aeerulnr under thl. contract Ihan be considered a. rent due and Iha) be Ineluded In an, lien for rent due and unpaid. TWENTY-FIRST: It I. hereb, understood and a,reed that an, ligna or advertising to be uled, Including awnln'll, In connection with thetfremlses leased hereunder Ihall be flrlt lubmltted to the lessor for approval be. lor. In.tall.tlon ot ..me. TWENTY-SECOND: Lessee shall, 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, doorp, locks, plumbing and electrical, repairing or replacing with similar or bett~r size or quality. TWENTY-TIIIRD: Lessee agrees to carry general liability insurance in the amount of $ 100,000/$200,000 per person for bodily injury and $ 100,000 per occurence for property damage, as per F.S. 768.28. TWENTY-FOURTII: Lessee has the option to renew tile lease for One (1) Year with an increase based on CPI of the past year. TWENTY-FIFTII: Tllis 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 I.essor not less than One llundred Twenty (120) days pri-:>r to such termination, and 2. Written c:onfirmation shall be given to tIle Lessor that the Lessee lIas nht:"tinrrl rlc1~.l11At~ nffice space in a qovernmental building. TWENTY-SIXTIJ: Lessee agrees to pay t:o Lessor $ 50.00 per monl:lt for water service. TWENTY-SEVENTII: Lessee agrees to pay for garbage service. IN WITNESS WHEREOF, the parties hereto have hereunto executed th.s 'nstrument for the purpose herein expres8ed, the dny and year above written. Signed, sealed'"and delivered In the presence of: i~ ~. All to Lessor (Senl t-/ _(Seal (). ,('. ~ l~e9see APPROVED AS TO FORM AlVD LEGAL SUFFICIENCY. BY ~C~ \..L1 ~ '..Juu Attor~~ roffice · --_ (Senl -.---._ (Senl STATE OF FI.oltlD1\ I Count, 01 MONROE Before me, a NotAr, Publle In and for laid Btate and County, personall, eAme F. James ella.pi!n , . ~ll~J!!l.tJ:Yjt B. ehaDI!n wen known nnd known to be the person-'L- nnmed In the foregolnr lens~, and the'l neknowledged tllRt they executed the IIlllne for the purpO!le tht!reln expre!l!led. , to mo IN WITNESS WIIERf.:OF, I I'1Ige hereunto Ret m, hand nnd IIrfl~ed hi)' ofllclnl Renl thf!________ 9 ~V-t-/ , 19fD-. dll)' of '/7,,:, /11.1111111"'''' l"r/,,,,rJ "y: ",/t/'r.U '~ !. L:1:.~ e 1 :> ~.~ L.i ~< t.~ tV <.: L~ t:1 I I ~ .1j .~ I ~ ~ -..; )J ~ ~ ~ ~ .~ , I i - S\\'OIU\ STATEl\IENT UNDER SECTI0~ 287.133(3)(a), FLORIDA STATUTES~ ON -PUBUC Er.ITm' CRIMES THIS FORM MUST BE SIGNED IN TIlE pRESENCE OF' A NOTARY PUBUC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATIIS. 1. This swom statement is submitted with Bid, Proposal or ~ntract No. . for 2. /,.~ swom statement] ~'j!J 1'1 CS' c.4,q [name or eDtlty subml whose business address is ~ - / 7 /;.i 0 c../ JL.J"- S-..12 Fl-r H I(fI!-I4 r!-I4...lJ -I' ~ I .J ,J CI ~""c:.. This sworn statement is submitted by /~~t and 3. (If applicable) its. Federal ~plOJClldentftication Number (FEIN) is (If the entity bas no FEJNt"indude the Social Security Number of the individual si~g this sworn ;;>c; ~-- C </-7 S/.] '1 My name is r; ;r iI #'1 ~ S C h ,.~ iJ /. '-" [please print name of IDdlvlduat slgDiq] statement: .) and my relationship to the entity named above Is Y A /-1 ~ 4. I understand that a .public entity crime- IS defined in Paragraph 287.133(1)(g). Florida Statutes.. means a violation .of any state or. federal law by a persoD 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 with tbe United 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, bribeIy, collUSion, racketeering. conspiracy, or materia! misrepresentation. ...._... S. I understand that · convicted 8 or 8conviction8 as defined in Paragraph 287.133(1)(b), Florida Statutes. means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt. in any federal or State trial coun of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjwy t1'ial,-or-enuy of-a plea of guilty or nolo contendere. 6. I undemand that an .affiliate. as definecl in Paragraph 287.133(1)(a), Florlda'Sf4tutes. means: 1. A predecessor or successor of a person toDVicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the . entity and who has been convicted ora public entity crime. The term 8afliljate. includes those otficcn. directors, executives, partners, sJwcholders, employees, members, and agents who are active =~_ in the management of an affiliate. The ownemup by one person of shares constituting a controJIing interest in another perIOn, or a pooling of equipment or income among parsons when not for fair market value under an arm's length agreement. .ball be a prima fade case tbat one pcDOD controls another pet1On. A person who knowingly enters into a joint venture with a peISOn who bas beeD convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. . 7. ! understand that a -person-as defined. in Paragraph 287.133(1)(e), Florida S~tutes. means any natural person or entity orgaDjzed under the laws of any state or of the United States with 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 transact 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 entil)'. . , . Based. on information and belief, the statement which I have marked below is true in relation to the .. entit}'.sUbmitting this swoin statemenL (please Indicate which statement applies.] 8. .,;; t.. , \t" -~_.. -',- - - ;1,:# c. -;~~ f} r.'M, :~i :;.:!i '~ ;.~ ~~' :i '.l;, ~~,) Yf ',,~ '. ,<~ ~:l .~ '.j~ " "~ ,,/t , ",Y .~ )~f .~~ .;~ ,'~~ , '#,: "~ ,.~~ ;.t '~ . ;~ ,tI :~ 1 1 j :1 "'~ '; '~.~ i: :t. I rl . :'~ ;:~ ,I . :?- ~4~ .',1: .' . ; ,:: !- ._--, - - . . j , J " t .', , . ' ..... ~ :~. ~.' . :~:-.~- ._~ --. ~' . r -'- Neither the entity SUbmittin~ Jhis swq,m statement,.nor any officeis, directors. execunv,es, ~ ',' . partners, shareholders, employees, members. or ~genlS who are active in management of the cnuly, nor any affiliate of the entity have 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 the ofticers, directors, executiveS, panners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity bas been charged with and convicted of a pubU~ entity crime subsequent to July 1~ 1989. AW2 [please indicate which iIddltIoaal statement appUes.] _ There has been a proccedlng concerning the conYictioll before a hearing.omcer of the State of Florida, Division of Mmioistrative Heminp. The 'fiDal order entered by the hearing oMcer did Dot place the person or afDUa1e on the convicted vendor lisL [please attach 8 copy or the IlDaI onler.] _ "'The persOD or amtiate was placed on the COIlVicted vendor Ust. There has been'a subsequent proceeding before a hearing officer of the State of Florida,. Division of Administrative Hearings. The fiDal order entered by the hearing omcer determlDed Ulat it was in the public iDtcres~" to remove the person or affilfato from the convicted vendor list. (please attach a copy or the fIDaI order.] ____ The person or afftUate bas not been placed OD the convicted vendor list. [please describe Dn)' action taken by or pend1na with the Department of GeDeral Senlces.) \. .~ 1i Date: STATE OF 0~'~ COUNTY OF ~ PERSONAlLY APPEARED BEFORE ME. the underslped authority, E:S-ftMe.5' e ~~ who, after fiJst being sworn bymc, -aiBmt ~/hcr sigDature [aame or IDdlvlclual sJaalaa] In the space provided above on this -.._ .r. .. .. - ~-~---.......... :. -. -t~';...; ......;, ...... ~ - __c/'-',.:~ M:j c:Otn"1ftsfoD ~ . '. . ;"., .* ~_-. ..,. ... ~. :.. _.... ....... ..'). , 't.- / 7 day of ~ ~ 19 9t> . .. ,- 4 j; hj' {j.~~jl~: .' , . .' NOTAllY PUBl..ISt ' , , . '. · · .: .~.} f ~ .....: ~'~l":~ . ~ ., . ..': '...."- " .:..;. '.'.- .. \'. ' :':-J :~:~-'.'- . J :-.~ ,-.."') .: I...: :'~~" ! I ~ , ":' .~ ~. .- ,:,..~.~~;:..: .__. ::;:: ..:... -~~"f ";.\ 1.." 0., -1: .. toTAl' PUlLrc ST~rr ", 'lORIDA I'_CGRWISSIOI EXP. lPR.19,J912 8O~OED THRU GEErRAL IRS~ ~. ,~~ ;.~:'~l'j;#~ - ~ # ._- - '!'. -;.... . , ,: 1 :;oH"~ " t -.. .. : ,.' ~..' t~1 :1 .1 ., :;S,il .- :. -~ ".'. :. ~~J _ ,.i':~'"'' ---.........- -- , ;. .., ".. -. .... ~ .~ , . . .. . . ... ..~. :~.i.-" ~ . Por:n PUR 7068 (R~. 11189)' .... . ~"t. 'i.... ::