10/04/1988
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THIS AGREEMENT, entered into this ..,+h
tJ1~ast
day of Oc..+rJt>e,r
, 19 8 8
betw~n F. JAMES CHAPLIN AND BETTYE B. CHAPLIN, 5190 OVERSEAS HWY.
MARATHON, FLORIDA 33050 , hereinafter calIed 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 5 1 6 0
OVERSEAS HWY., MARATHON, FLORIDA 33050 (CHAPLIN BUILDING) AND HAVING
APPROXIMATELY 1500 SQ. FT. OF SPACE.
No.
situate in MARATHON Stateof FT,QRIDA , to be used and occupied by the lessee as
COUNTY OFFICES 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 14 th day of JUL Y
19 88 , and ending the 13TH day of JUL Y , 19 8~9
at and for the agreed total rental of FOURTEEN THOUSAND FOUR HUNDRED FORTY FIVE
Dollars, payable as follows: TWELVE HUNDRED THREE DOLLARS AND NO CENTS (1, 203. 75)
PAYABLE WITHIN THIRTY (30) DAYS OF EACH DUE DATE, COMMENCING ON
JULY 14, 1988 UNTIL JULY 13, 1989
all payments to be made to the lessor on the first day of each and every month JlWfrl~~ without
demand at the office of CHAPLIN REAL ESTATE In the City nf
MARATHON, FL. 33050 or at such other place and to such other person, as t!.(.. <>or
may from time to time designate in writing.
The following express stipulations and conditions are made a part of this lease l1w1 "".
by assented to by the lessee:
FIRST: The lessee shall not assign this lease, nor sub-let the premises, or any part thereof, nor~: '
or any part thereof, nor permit the same, or any part thereof, to be used for any other purpose than as ;\; ,( . :
lated, nor make any alterations therein, and all additions thereto, without the written consent of the Ie",;",., 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 v..:~' ,~:
ises at the termination of this lease.
SECOND: All personal property placed or moved in the premises above described shall ~ at. p."
the lessee or owner thereof, and lessor shall not be liable for any damage to said personal prof)!>r"
lessee arising from the bursting or leaking of water pipes, or from any act of negligence of ;" '.
occupan ts of the building or of any other person whomsgever.
THIRD: That the tenant shall promptly execute and comply with all statutes, ordinances, r'.?
orders, regulations and requirements of the Federal, State and City Government and of any and all U1l'P' "co; "
ments and Bureaus applicable to said premises, for the correction! prevention, and abatement of nuisance,.: ',r .' 1
grievances, in, upon/ or connected ~ith said prem~ses during saia t~rm; and shall also pro~ptIy comply "'r' 'h,,)..i.~d
execute all rules, oraers and regulatIOns of the applIcable fire preventIon codes for the preventIOn of fires, at ....,!-l:>
own cost and expense.
FOURTH: In the ~vent the premises shall be destroyed or so damaged or injured by fire or other ca~llaJt,.
during the life of this agreement, whereby the same shall be rendered untenantable, then the' lessor shaH 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 r,' .
shall be evidenced in writing.
FIFTH: The prompt payment of the rent for sai
ance of the rules and regulations printed upon this lea
of such other and further rules or regulations as may b
which the lease is made and accepted and any failure ('
lease, or any of said rules and regulations now in exi~.
shall at the option of the lessor, work a forfeiture of t
premises upon the dates named. and the faith!:ll ,; ~ __ '_ 4 . ..
i and which are hereby made a part of this covenant, and
hereafter Dlade by the lessor, are the conditions upon
the part of the lessee to comply with the terms of said
P, or which may be hereafter prescribed by the lessor,
")ntract, and all of the rights of the lessee hereunder.
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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 01 said premises, and ex-
pressly agrees that in the event of a violation of any of the terms of this lease, or 01 8ald 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 proceedinp whatsoever.
SIXTH: If the lessee shall abandon or vacate said premises before the. end of the term of this lease, or
shaH suffer the rent to be in arrears, the iessor 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 a~ent 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 it the tull rental herein provided shall not be realized
b)' lessor over and above the expenses to lessor in such re-Ietting, the said lessee shn/) pay any deficiency, and if
more than the full rental is realized lessor will pay over to said lessee the excess of demand.
SEVENTH: Lellsee agrees to pny 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. ~as, electricity or other i1/umination,
and for all water used on said premises, and should said chal'~es 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 sUfferllnce and immediately re-enter upon said premises and the
entire rent for the rental period then next ensuing shall at once be clue and payable and may forthwith be collect-
ed by distress or otherwise.
NINTH: The said lessee hereby pledges and assigns to the lessor a/1 the furniture, fixtures, goods and
chattels of said lessee, which shall or may be brought OJ::' put on said premises 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 otherwiso
at the election of the said lessor, and docs 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
lame upon receipt of sixty (60) days' written notice and the return of any advance rental paid on account of this
lease.
It bein~ 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 ot said building, or to exhibit said premises, and to put or kee{>> 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, signs, fixtures, altera-
tion!', 01' additions, which do not conform to this agreement, or to the rules and regulations of the buUdlng.
TWELFTH: Lessee hereby accepts the premises in the condition they are in at the beginning of this lease
and agrees to maintain s:lid 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 Jessee.
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 laid 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 ('ancel 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 porti"n
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.
mlnistrators, 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 deliy.
ered to the premises leased hereunder shaU constitute sufficient notice to the lessee and written notice mailed or
delivered to the office ot the lessor shall constitute sufficient notice to the Lessor, to comply with the term. of
this contract.
:-,OINETEEXTH: 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 o~ the aald ria-hta.
TWE~."rlEnr: It is further understood and agre1!d between the parties hereto that any eharcea apinst
the lessee br the lellsor for services or for work done on the premises by order of the lessee or otherwbe accruinc
under this contract shall be considered as rent due and shall be included in an7 lien for rent due and uDpaid.
TWENTY.FIRST: It is hereby understood and agreed that any aigns or adyertJainc to be used, fneludinc
awnings, In eonnection with the premises leased hereunder shaU be first submitted to the lessor for approYal be-
.Iore installs tion ot same. ..
· TWENTY-SECOND: L~ssee shall, at his. expense, keep the premises
1n go~d order and repa1r 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 o~replacing with similar or bette
Sl.ze or q'..:al:ty.
· , T';"1::~::-; -:-~I~D;. Lessee agrees to carry general liability insurance
:-~\~t~'.: !;T:......~.c..: c.: $1.00,000/$200,000 per person for bodily injury and
V~J~,~~~ per occurence for property damage, as per F.S. 768.28
1 ..- ,',.:.NTY-FOURTI:I: Lessee has the option to renew the lease for One
(-I ~ear w1th an 1ncrease based on cpr of the past year.
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~~enty-Fifth: This lease may be terminated by the Lessee upon the following
conditions:
1. Written notice of intention to terminate said lease shall be given to
the Lessor not less than One Hundred Twenty (120) days prior to such termination,
and
2. Written confirmation shall be given to the Lessor that the Lessee has
obtained adequate office space in a governmental building.
IN \VITNESS 'VIIEREOF, the parties 11ereto 11uve hereunto executed this instrunlent for the
purpose herein expressed, the day and year above ,vritt~n.
Signed, sealed a.nd delivered in the presence of:
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~T~~ : D~NY L. d~OLHAGE: Clerk
..Y. .----~~~ki ~L
MON~ COUNR .
_By: CG-~ . ~
Ma or man ol,tne
B~ard of County Commissioners
-- ---- \ ~-' .
As to Lessee
Lessee
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
S'r'ATE OF FLORIDA, ~ ~ J; ~
Countv of~9~r-o~___.. j BY 'Aui;;.Offa- .
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D~A;' ~~ry p;:~nl1d f027:f~ and c;3ty, CA:allY cZ~- d ~rf$Y
\\~~llJ:~~:-:; lm~wn ~be th~ perso~ ~ _ n~ the foregoing Ie!nnd-~_~f T , I
ad;now!cdg~d that I ), ~f--exccuted the same for the PUrP053 therein eX;Jrcs~c(l.
1::': WIT~ESS WHlmEOF, I have hereunto set my bund and affi;:cl! my official seal thc.J l'::tL
day (If.____
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Notary Public, State of I'''lorhla at Ln;g;:-----
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