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04/03/1991 . ....,....,.",...~ ~usin~ss 1li~nst THIS AGREEMENT, entered into this 3rd day of April , 19 91 between F. James Chaplin and Bettye B. Chaplin 5190 Overseas Highway, Marathon, Fl. 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 Becond part: WITNESSETH, That the said lessor does this day lease unto said Jessee, and said lessee doef' hereby hire and take as tenant under said lessor. Room or Space . 5192 Overseas Highway (Upstairs), Marathon, Florlda 33050 and Having Approxlmately 5,000 Square Feet. No. situate in State of Florida , to be used and occupied by the lessee as Offices and for no other purposes or uses whatsoever, for the term of One Year , subject and conditioned on the provisionB of clause ten of this lease beginning the Eighteenth day of April 1991 ,and ending the Seventeenth day of April , 1992 at and for the agreed total rental of Sixty Nine Thousand, Four Hundred fifty one Dollars D II bl f 11 and 20/100 OR $5,787.60 per month. o arB, paya e 8S 0 OWS: (',.J Lf) ..(~~ .-,~ ~-; - '...-. \.-- - (~ ~. .~--"\ .--:shall be paid within 30 days of due date all .paymen,ts ~~-i'flfttle-te~!6r-f)n-tbe-fiTst-d8Y-uI t:a\;}raRd~y-mgH.u.-iH_w#boot ;':'~denUilld ~t the 'office of CHAPLIN REAL ESTATE , 5190 Overseas Highway, in the City of Mar~thorl, 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-Jet 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 shalI be at the risk of the lessee or owner thereof, and lessor shall not be Jlable for any damage to said personal property, or to the lessee arising from the burAtfn~ or leaking of water pipes, or from any act of negligence of any co-tenant or occupants of the buildinR or of any other person whomsoever. . 1'IIIRD: That the tenant shall pronwtly execute and comply with all statutes, ordinances rules, orders, rpgulations and requirements of the Federal, State and City Government nnd of any and aJl their Depart- nlents and Bureaus applicable to said premiRes, for the correction, prevention, and abatement of nuisances or other grievanceR, in, uponJ or connected with said premises during saia term; and shall also promptly comply with and execute all rules, oraere and regulations of the applicable fire prevention codeR for the prevention of fireR, at . own cost and expense. FOtJRTH: In the event the premises shall be destro~.ed or so darnaged or injured by fire or other ensunlty 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 partr 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. FIFTII: 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 nUHle by the lessor, are the conditions ;"pon ,,'hich the lease is made Rnd accepted and any failure on the part of the lessee to comply with the terms of said lease, or any of said rules nnd regulations now in existence, or which lnay be hereafter prescrihed by the lessor shn 11 at the option of the le~sor. work a forfeiture of this contract, nnd all of the rjght~ of the lessee hereunder: SIXTH: If the lessee shall abandon or vacate said premises berore llle end of the term of this lease, or shall BuITer the rent to be In arrears the lessor may. at his option, forthwith cancel this lense or he mny enter said premises , 8S .tbe agent (If the lessee, without belnl liable In any way thereCor, nnd relet the premises with or wltbou~ any furniture that may be tbereln, as the alent oC the lessee at luch price and upon stlcb t.erms and for stich duration of lime as the lessor may determine and receive the rent t"ereCor. applying the same to tbe payment of the rent due by these presents, and if the Cull rental herein provided shall not be realized by leRRor over and nbove the expenses ~o Icssor in such re-Iettinl.the said lessee shall pay any deAdency. and If more than the full rentnlls realized lessor will poy over to said lessee the exce8S of demond. SEVENTII: Lessee aRrees to 1)81 the cost of collection DIHI ten per cent Attorney's fee on any port of snl(l rentnl that may be ~ol1ected by suit or by attorney, after tile flnme Is pnst due. EtGI11'11: The le8see agrees that he will ~IU' all charges for ren.t, gns, electricity or other !lhIDlinotion, and. for 011 water used on soid premises, ond should Baid charges for rent, light or watcr hercln prOVided for at ony tl!ne rClnoi" due and unpaid for the Bpoce or nve days after tile Bonle shall hove becorne due, the le~8or mny at ilA oplton consider the Boid leBBee tenant at sufferance end the entire rent for lhe rental period then next ensuing shall at once he due and payable and mny forthwith be collected by di8tre8s or otherwiRe. NINTH: The 8Bld lessee 1Jerehy pledges and assigns to the lessor nil the furniture, fixture!, goods and chnttelA of 80ld lessee, which ehnll or may be brought or I!ut on snld Ilrelllises ps security for the payment. of the rent herein reserved, and the lessee agrees tllat tile 1181(1 lien may be enforced hy distress foreclosure or otherwise nt the election of the 8ald Jessor, Rnd does hereby a.ree to pay attorney'! fees of ten percent of the amount 80 collected or found to be due, together with an cost! and charges therefore Incnrred or paid by the les!or. 1~EN'rll: It 18 hereby Agreed nnd underetood betwecn lessor nnd le~see thnt III the event the lessor decides to rell1otlel, alter or detnolfsh nil or 8ny port of the premhJes lease(1 hereunder, or In the event of the sale or long tern, )pose of nil or nny prlrt of tho : requiring thhl space, tIle lessee hereby IIgrees to vacate SAIne uJlon receipt of sixty (80) da)'s' written notice and the returtl of any advance rentlll pnld on account of this leRge. ELEVENTII: 1'h8 lessor, or any of his lI.ents, Ihal1 bave the right to enter said pren,lse8 during .n reason. Rble hourA, to exftmlne the saIne to make lu~h repairs. additions or alterations 8S Inay be deemed necessary for the SAfety, comfort.. or preservation thereof, or of ..Id building, or to exlllbl~ said premises.. and to put or keep upon the (Ioore or wlndowR thereof 8 notice 'FOR RENT" at an, time wltllln llllrty (80) dRY" before the expiration of thi8 le8!u~. 'fh" right of entry shall likewise exist for the purpose of renlovlnR plncprds, signs, flxturel, altera- tions, or 'lfldHiot1~, which do not conform to this agreement, or to the rules Bnd regulation" of the bulldlnr. T'VEI..FTII: TJf!9See hrreby aceepts the premises In the condition they ore In at the heglnnloe 01 thIs lease onfl Agrees to maintAin Raid prembJes In the same condition, order "nd repnlr a9 they are at the commen~ement of RRid term, excepting only reosonable wear and lear arising from the tlse thereof under this R~eement, and to 11IBke good to Bald les80r ImmedIately upon demand, any damale to witter appnrntus, or electric lights or any fix.. ture, nppllances or appurtenances of Bald premises, or 01 the building, rauged by ony Bct or neglect of Jessee, or of Any person or perloos In the employ or under the control of the le!;gee. TIIIRTEENTII: It Is expressl, agreed and understood b, and between Ule parties to this agreement, that the landlord "hall not be liable for any damage or Injury b, water, which nlay be 8ustnlned by the laid tenant or other person or for an, other damage or Injury resulting from the carelessnes9, negligence, or Improper conduct on the part of any other tenant or agents, or employee8, or by reason of the breakage, leaknge, or obstruction of the water, lIewer or 11011 pipes, or other leak81e In or about the said building. FOURrEENTII: If the leR8ee shell become lnaolvent or if bankruptcy proceedings sholl be begun by or oRRlnst UIl' leBBee.. before the end of Bald term the leRBor IB hereby Irrevocably aulhorlzed ellls opUon, to forthwith cancellhls lenac, a" lor a default. Le8Ror mOJ eJect to accept rent from such receiv(!r, trustee, or other ju(liclal officer during the If'.'''ll of their occupancy in their fiduciary capacity without affecting lesBor's rights 08 contnined in this controct, but no J'~ceiver, trustee or ot.her judicinl officer shall ever have any rigllt, title or inlerest in or to the above described pro(lfttt.y by virtue of thia cont.rACt. FIF"I'EEN'I"I: I.essee hereby waives IIn(1 renounces for hhngell and fnJulty any 81Hl nil homestead IInd ex.. e!nr!lon rlght~ IH~ luny IIave now, or Ilereafter, under or by virtue of Ule consUtutlon nnd tnwl of the Stote of F 101"uln, or of any other State, or of the United State!t, as against the payment of 8nl(1 rental or any portion hereof, or any other obligation or damage that In8Y aecrue under tIle term9 of this Il~reenlent. SIX1'EEN'I'I I: This controct 8hal1 bind the les80r and its D9slgns or 8ucce8Ror8. 8nd the helrH. 8881gn8, perAonnl repreRent.AtlveA, nr R\lCCeA80r~ nA the CRse may be, of the leluJee. SEVE~fTf~l~t~1~'I: It, ,~ undersloo.1 and agreed between the potties hereto thRt time hJ of the essence of Ulls conttR~t nn(1 thlA nppllp~ to all terms and eon(Utlons contAined herein. EIGll'fEEN'rlf: It Is uneJcrstood and Rgreed between the pRrUc9 hereto that written notice mailed or dellv.. ered to the premise! ICReed hcrcun(Ier 8hall constitute sufficient notice to the lessee and written notlee mailed or delivered, to the office of the lessor shan eonstltute sufficient notlee to the Lessor, to compl, with the terms of this contract. NINETEENTH: The rights ollhe lessor under the foregoing shall be cumulative, and fnUure on the part of tIle lessor to exerelse promptly any rights riven hereunder shall not operate to forfeit any of the Bald rlRhts. TWENTIETII: It Is further understood Rnd "greed between tho rallies hereto that any charlel against the le!!lgee by the lessor for services or for work done on the rremlses by order of the lessee or olherwlRe accruing under this contract ehall be eonsldered as rent due and ebBI be Included In ony lien for rent due and unpaid. TWENTY-FIRST: It Is hereby understood .lId 81reed tllat an, signs or advertising to be uled, Inclu(lIng awnings, In connection with U,e.rremlses lensed hereunder shan be fIrst subnlltted to the lessor lor approval be- fore Installation 01 lame. TWENTY-SECOND: IJessee sllal1, at his expense, keep the premlses in good order nnd repair during the t:~tit1l of the lease, :I.ncluding, but not Ilmlted to cracked and broken glass, air-conditioning, door~, locks, plumbing and electrical, repairing or replacing with similar or better size or quality. TWENTY-THIRD: Lessee agrees to earry general liability lnsurance 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. TWBtlTY-FOtJRTII: I.essee lIas tile optlon to renew tl,e lease for One (1) Year wj th an increase based on CPI for Wage Earners and Clerica:L Workers in the Miami, Florida, area index and shall be based upon the annual average CPl. 'rwEtlTY-FIF1'1I: This lease may be terminated by the JJessee upon the following condltions: 1. Written not:i.ce of intention to terminate said lease shall be given to the T,e~:;sor not less than One lIundred Twenty (120) days pri-:Jr to sue11 termination, and 2. Wrlt::.ten confi.rmatlon sllall be given to the T..essor that the Lessee has nl,t:11n(\,l ;1(l~"n;1t~~ office space 1n a qov~rtlmental bnlldlng. 'rWENTY-SIXTn~ Lessee agrees to pay to Lessor $ 50.00 per montll for water service. 'I'WENTY-SEVENTII: Lessee agrees to pay for garbage service. IN Wll'NESS WIIEREOF, the pRrtles hereto hnve hereunto executed this Instrument for the Jlurpose herein expreR8ed, the dny Rnd year nbove written. Signed, sealed nnd delivered In the presence of: to Lessor \....:. ... :>~~'.t ~;~. ~_ _____ ( Sen I ~T^:T~ OF FJ,f)HID1\. _ ______1 lJessee ~ APPROVED AS TO FOIW ~D l r-~~,..~ ; 'lC1ENCY. ., ~ .-- ... ~-~~-Q.\ Count,y of_~_f10NROE Before me, ft NotRry rubJle In And for "Rid sto.te and County, personnlly cnme F. James eha,pi!n . a!lf;1__~~J:_t:ye _B. ,J";hflpJ.in .___________________~~___________ \v@1I known nnd known to bf' t.he per8on~ nnmed In the foregoing len~". And the_v ncknowledg~d tllRt tllev executed the Rnlne for tile flurpo~e th~reln @xflre~!Jed. ___to hH! IN WITNESS WHEREOF, IllRVe hereunto net my hnnd nn(1 nfflxed my orrtclnllllml thf!~/ ___ dRY of ~~~.I~ t99L. ., I,,:, I"Jl11I'"("11' l"r/,alrJ I')': It f!f/'r.U 7M:-:-------------- ~a~~ Not.Rry ruhlle -..---_ My commls~lon exnlt~" ~"" "'f: -LORIO' NOTI\RY ,*'UBLlt; SIAl., V. r ," ,', MY CO?tPUSSION EX? E MAR~"!,4:}~,;'>~ -..~f,0E.D THRU C1ENERAf.. INS.. Oh_", - , ( ( l \ ,I' S\\'ORN STATEMENT UNDER SECTION 287.133(3)(a), .. FLORIDA STATUTES. ON PUBLIC EN1"ITI' CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBUC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. .... 1. This sworn statement is submitted with Bid, Proposal or ~ntract No. . for 2. r ;rt/..l,ES C,IA-//'l,./ [name of entity submitdng swom statement] j{tvy t' This sworn statement is submitted by whose business address is ~r 9" , tJ~~ t'fJhtllf~yt-, r/ JJoS-O ~ and 3. (if applicable) its Federal Employer Identification Number (FEIN) is . , (If the entity has no FEIN, include the Social Security Number of the individual signing thisswom (Jt4S--c,~ 7'/:1? My name is r:: ~ ""'NH~S . C~~5---' [please print name of indi dual signing] -S PM.A-- statement: .) and my relationship to the entity named above is 4. I understand that a Rpublic entity crimeR as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any Slate 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 with the 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, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "convictionR 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 court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an RaffiliateR as defined in Paragraph 287.133(1)(a), Florida Statutes. means: 1. A predecessor or successor of a person convicted 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 h~ been convicted of a public entity crime. The term RaffiliateR includes those offit'~rs, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affilia tee . 7. ! understand that a RpersonR as defined in Paragraph 287. 133(1) (e), FlOrida Statutes. means any natural person or entity organized 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 Rperson" includes those officers, directors, executives, partners, shareholders. employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] 8. /' Neither the entity submitting this sworn statement, nor any officers, d.ire,ctors.! executives, - , partners, shareholders, employees, members, or agents who are active in management of the entity, . 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 statemen~ or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in 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, ~ [Please indicate which addiUonal statement applies.] _ There has been a proceeding concerning the conviction before a ~earing' officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor lisL [please attach a copy or the nnal order.] _ The person or affiliate was placed on the convicted vendor list. There has been" a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the nnal order.] ____ The person or affiliate has not been placed on the convicted vendor list. [please describe any action taken by or pending with the Department or General Services.] ~~~ [signature] Date: :;- ~ - C; / STATE OF FLORIDA COUNTY OF MONROE PERSONALLY APPEARED BEFORE ME, the undersigned authority, F. James Cha.plin [name or individual signing] in the space provided above on this 20th who, after first being sworn by me, affixed his/her signature March 91 My commission expires: NO~2TY P~JtHc, ~;tJte ()"f F!r-.ridJ (-;t LargE M C c ;": ; i '" ..."~ ") B 0 i >~ c :J t 11 i U ,t" ;~ '..; ~ 11 ~ s ['.~ uta;' y :3 " c 1 c:; r :J:; e For:n PUR 7068 (Rev. 11189) ( /" ( ( ~