04/05/1988
t;'
!iusintss
THIS AGREEMENT, entered into this 5th
1fltast
day of
April
, 198 8
between
F. James Chaplin and Bettye B. Chaplin
5190 Overseas Hwy. Marathon, FL 33050 , hereinafter called the lessor,
party of the first part, and Monroe County
. of the County of Monroe and State of
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
5160-5180 Overseas Highway, Marathon, FL 33050, and having
_.approximately 4000 sq. ft. (Upstairs)
No.
situate' in Marathon
Florida
the term of One Year
clause ten of this lease beginning the
19 88 , and ending the 17th
at and for the agreed total rental of
Dollars, payable as follows:
Florida, to be used and occupied by the lessee as Offices
and for no other purposes or uses whatsoever, for
, subject and conditioned on the provisions of
18th day of April
day of April , 19 89 ,
Forty-eight Thousand and no./100--------
Four Thousand ($4000) Dollars
per month
shall be paid wi thin 30 days of due date 9. (r=-
all payments ~.ee-made-te-t--the-first_day_of-eadT-amt-~v6J.3 111()ulbin aaviI,u\;t: without
demand at the office of Chaplin R.eal Estate in the City of
Marathon, Flori.da 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:
I
I
II
II
II
I
FIRST: The lessee shall not assign this lease, nor sub-let the premises, or any part thereof Dor use the IllUDe,
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 .a11 additions thereto, witho~t the written consent ot the leaor, aDd
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 properl7, or to the
lessee arising from the bursting or leaking of water pipes, or from any act of nec1igence of any co-tenant or
occupants of the building or of any other person whomsoever.
THIRD: That the tenant ~ball promptly execute and comply with all statutea, ordiDaneea, 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 abatemeat of auilaDees or
other grievances, in, upon, or connected with said premises during said term; and shan a1eo prom,,- comply
with and execute aU....rgles, orders and regulations of the Southeastern Underwriters AssoeiatioD for *e preyeD-
tion of fires, at 1 &.: 5 own cost and expense.
FOURTH: In the event the premises shall be destroyed or so damaged or Injured by fire or otlter casualty
during the life of this agreement, whereby the same shall be rendered untenantable, then the leuor abaIl ba.. the
right to render said premises tenantable by repairs within ninety days therefrom. If said premises are Bot readered
tenantable within said time, it shall be optional with f!ither party hereto to cancel this lease, and in the ..-eat of
such cancellation the rent shall be paid only to the date of sueh ..fire or casualty. The cancellation herem 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 eonditioDS 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 laid 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 attorney., ma~ immediately re-enter
said premises and dispossess lessee without 1eeal notice or the institution of any legal proceedinp 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 Iuch priee 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 collection 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 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.
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, sball have the right to enter said premises during all reasoD-
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 laid building, or to exhibi~ said premises, and to put or ke~ upon
the doors or windows thereof a notice "FOR RENT" at any time within thirty (30) days before the expIration
of this lease. The right of entry shall likewise exist for the purpose of removing placards, signa, 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 beginninc of this Ie...
and agrees to maintain ssid 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 acreement, and to
make good to said lessor immediately upon demand, any damace 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 l_e, 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 eonduct
on the part of any other tenant or agents, or employees, or by reason of the breakage, leakage, or obstruetfoft 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 eon-
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 suecessors, and the heirs, agians, ad-
ministr.tors, 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 notiee mailed or deliy-
ered to the premises leased hereunder shall constitute sufficient notiee to the leaee and written notice ..ned or
delivered to the office of the lessor shall constitute sufficient notice to the Lessor, to eompl., with the terma of
this contract.
NINETEENTH: The rights of the lessor under the foregoing shall be eumulative, aD. !&DaN on tile part of
the lessor to exercise promptly any rights given hereunder shall not operate to forfeit aDY of the 881d riPta.
TWENTIETH: It is further understood and agreed between the parties hereto that .., ehupra ......
the lessee by the lessor for services or for work dODe on the premises by order of the 1~ or o~ aeeruiq
under this contract shall be considered as rent due and shall be included in an)? lieu for reDt cI.. aad uapaW.
TWENTY-FIRST: It is hereby understood and agreed that an1 sigDs or adY.~ to h. ued, taeh.tdtaa
awnings, in connection with the premises leased hereunder shan be first submitted to the leIMr tor approyal he.
fore installation of same.
. TWENTY-SECOND: Lessee shall, at "his- expense, keep the premises
1n go?d order and repair during the term of the lease, including, but
not l;mited to cracked and broken glass, air-conditioning, doors, loc
p~umb1ng and. electrical, repairing or replacing with similar or bette
S1ze or qual1ty. .
. TWENTY-THIRD: Lessee agrees to carry general liability insurance
1n 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
TWENT~-FOURT~: Lessee has the option to ren,ew the lease for One
(1) Year w1th an 1ncrease based on CPI of the past year.
JI
TWENTY-FIFTH: This lease may be terminated by the Lessee upon
~h~ following conditions: '
1. Written notice of intention to terminate said lease shall be
given to the Lessor noti less than One Hundred Twenty (120) Days prior
to such termination, and
2. Written confirmation shall be given to the Lessor that the
Lessee has obtained adequate office space 'in a governmental building.
'IWENTY-SIXTH: Lessee agrees to pay to Lessor $50.00 per rronth for
water service.
r.IWENTY-SEVENTH: Lessee agrees to pay for garbage se:rvice.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this iDStrument for the
purpose herein expressed, the day and year above written.
Signed, sealed and delivered in the presence of:
(Seal
.& ~ ~(j~ ::rre7-
~G @4-
/ . As to LesBo .
~ .Z
DAN L. E; 'Clerk
~.JL~ ~.t~ ..Dc>
s to Lessee
(Seal
( Seal
Lessee
( Seal
I
County of
STATE OF FLORIDA,
MONROE
Before me, a Notary Public In and for said State and County, penoaaUy came F. James Chaplin
and Bettye B. Chaplin
, th
well known and known to be the person.!..- named in the for..,1Da J.M, ad .Y
acknowledged that, they executed the same for the purpose therein ....aew4.
.. ..
IN WITNESS WHEREOF, I have hereunto set my hand'aDd atflxe4 m, offlelal eea1 tile
'll.d-
A-IA ~C H ,19 8'{ ,/) / ')" // -, /J
NOTARY PUBLIC STATE OF FLORIDA 4----f;/{.f t' p(CVlA..-<L<- k?((; V.
MY COMMISSION EXP. FEB.14,1992 I
My commission expire~ seNece TIJRtI GCNCRAL INS. UNa.
day of
Notary Public, State of Plorida at Large.
APPF:'C/~"r:'{)/i,::' 7'0 FO,'?/t.f
Ar.//'1 ' \",' "'r"-",'r'" .....~ .. f2
.H~\'~ I - , . II" t '. .. d .
Cy L~:~"':_'~; '- A_:Iy
I.
171;S Inslmmen/ prepared hy: Cou~": A
Address i~yO ~;:~iJn~T 81 / ttorney
)40