Loading...
06/21/1988 11 ~u5in~55 THIS AGREEMENT, entered into this ~I ~ t 1fi~a5~ day of J C4 .. e.- ,1988 j I II jl II II II ; 4 i I Ii :1 ; I I: II II 'I !I H 11 il ~ I 'I 11 !I II II II Ii II I. II II ! ! :j !I L II il II 'I I' II II II II betweE~n 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 for the Office of the Public Defender of the County of Monroe and State of Florida herein,after called the lessee or tenant, party of the second part: W"ITNESSETH, 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 51 70 Overseas Hwy., Marathon, Fl. 33050, and having approximately 1400 sq. ft. No. situatE~ in r.,1arathon Florida, to be used and ~cupied by the lessee as and for no other purposes or uses whatsoever, for , subject and conditioned on the provisions of 1st day of October day of September , 19 89 Twenty Seven Thousand Three Hundred Twenty Four the tel~ of Two Years clause ten of this lease beginning the 19 87 , and ending the 30th at and for the agreed total rental of Dollars, payable as follows: 1st Year: One Thousand One Hundred Dollars ($1100.0Q) per month; payable within thirty (30) days of each due date, commencing on October 1, 1987 until September 30, 1988. 2nd Year: One Thousand One Hundred Seventy Seven Dollars ($1177.00) per month, payable within thirty (30) days of. each due date, commencing on October 1, 1:88 until September 30, 1989. all pa:mtents 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 in the City of Marathon I Florida 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, without the written consent of the lessor, and all additions, fixtures or inlprovements 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 liable for any damage to said personal property, or to the 1 essee arising from the 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. . THIRD: That the tenant. shall promptly execute and comply with all statutes, ordinances, 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 abatement of nuisances or other ~~rievances, in, upon, or connected with said premises during said term; and shall also promptly comply \\ith and execute ijll rules, orders and regulations of the Southeastern Underwriters Association for the preven- tion of fires, at 1 ts 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 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 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 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 nlade by the lessor, are the conditions upon v,'hich the lease is made and accepted and any failure on the part of the lessee to comply with the tenns 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, shaH have the right to enter said premises, and remove all per~ I ..1 I I ! I I II II I ! j i I' ,I II Ii II II II II II ! I 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 said premises, and ex- pressly a.grees that in the event of a violation of any of the terms of this lease, or of said rules and regulations, now in €'xistence. 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 proceedings whatsoever. SIXTH: If the lessee shall abandon or vacate said premises before the' end of the term of this lease, or shall suf:fer the rent to be in arrears, the lessor may, at his option, forthwith cancel this lease O~ he may enter said prernises '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 such price and upon such terrns 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 fulI 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 acree to pay attorney's fees of ten percent of the amount 10 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 eTent the lessor decides to remodel, alter or demolish all or "n~ P.r~ of the premises leased hereunder, or in the event of the sale or long term lease of all or any part of the...D!111.dl ng ; requiring this apace, the lessee hereby acrees 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 understood and agreed that the lessee will not be required to vacate said premises dunnc the winter season: namely, November first to May firat, by reason of the above paracraph. El:"EVENTH: The lessor, or any of his agents, shall have the right to enter said premises durin<< 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 of said building, or to exhibi~ said premises, and to put or keel? upon the doors or windows thereof a notice "FOR RENT" at any time within thirty (39) days before the expIration of this lease. The right of entry shall likewise exist for the purpose of removinJt placards, signs, fixtures, altera- tions, or additions, which do not conform to this agreement, or to the rules and regulations of the building. T'VELFTH: Lessee hereby accepts the premises in the /condition they are in at the begbi"ning of this lease and agrees to maintain said 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 electrie 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 lessee. TIlIRTEENTH: 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 conduct on the part of any other tenant or agents, or employees, or by reason of the breakage, leakage, or obstruetion of the waterl, sewer or soil pipes, or other leakage in or about the said building. FOURTEENTH: If the lessee shan 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 COD- 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 ,vaives and renounces for himself and family any and all homestead and ex- emption rights he may have no,,?, or hereafter, under or by virtue of the constitution and laws of the State of Florida, o"r 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 shaH bind the lessor and its assigns or successors, and the heirs, assigns, od- ministrators, 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 contrnct 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 deliv- ered to the premises leased hereunder shall constitute sufficient notice to the lessee and written notice mailed or de.livered to the office of the lessor shalI constitute sufficient notice to the Lessor, to comply with the terms of thIS contract. NINETEENTH: 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 of the said rights. TW'ENTIETH: It is further understood and agreed between the parties hereto that any charges against the lessee by the lessor for services or for work done on the premises by order of the lessee or otherwise accruing under this contract shall be considered as rent due and shall be included in any lien for rent due and unpaid. . T~'ENTY -FI~ST: .It is hereby ?nderstood and agreed that an~ signs o:r: advertising to be used, including awnIngs, 1:n connectIon 'WIth the premIses leased hereunder shall be fIrst submItted to the lessor for approval be- fore installation of same. ~renty-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, doors, locks, plumbing and electrical, repairing or replacing with similar or better size or quality. Lessee shall carry . insuran.ce on all glass in the premises, in a company acceptabl~ to the Lessors, in the full amount, and shall provide evidence to Lessors, if requested, during the term of the lease. ) j I i I II i i 11 ! I : I : ; \ I i.I___."_.~.._~.,,...,~...._. l' I ; j ! I II I! i i il I I' ,I II :, I, II II II II II il II I, I I ! I I I I I I II i I jl II j: II I; II i I II :1 11 il I' II II I' 11 I. II II ,I II II II II II !1 I: , I 11 11 Ii \1 II ; I I I I I I I i ! I: I' ,I II Ii l! II ! I II II , ! ,I jj II ! I Ii , i ! ! I' I , I ; I ~ I I !I : ! ; : If Lessee does not make repairs promptly or maintain premises adequately then Lessor, may but is not obligated to, make repairs, or provide maintenance, and Lessee shall pay to Lessor, promptly, upon demand, the cost thereof. ~venty-Third: To the extent permitted by law, Lessee releases Lessor from, and waives all claim to damages to person or property, sustained by the Lessee, or any other person, from the premises or any other part thereof, or any equipment, appurtances, and inventory therein,becoming out of repair, or resulting from any accident in or about the premises, or resulting directly or indirectly from any act or neglect, or any other tenant, or other person, including Lessors or their agents. Lessee further agrees to hold Lessor harmless from any claim or damages asserted against Lessors or their agents by anyone as a result of any accident or other occurence on the Leased premises. Throughout the term of this lease Lessee agrees to carry public liability insurance covering occurences on the leased premises in the amount of $500,000, in a company acceptable to the Lessor, naming Lessors as additional insured, under said policy and containing a clause requiring 10 days notice to all insured prior to cancellation of said policy. Proof of coverage shall be delivered promptly to Lessor or his agent. Twenty-Fourth: Lessee has the option to renew the lease for one year with an increase based on CPI of the last year. Twenty-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 obtainE~d adequate office space in a governmental building. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpOSE~ herein expressed, the day and year above \"ri;tt~n. Si!~ned, sealed and delivered in the presence of: l ---~ ~ eal ( Seal DANN'Y L. KOLi-IAGE Clerk , ------_._--- - ~~ ( Seal g ?' ~ ~/= Lessee /1P,rDFl()VI?fJ AS TO FO.'?!f!1 AtJr; I ~, ....'/!L Sr/FFlC!EIt,rj;Y. ( Seal S"fATE OF FLORIDA, t~}; r1 ! i County of Monroe Before me, a Notary Public in and for said State and County, personally cam~';::; TA9 /'?c5 H_cA~/.<,- ~ 21.J!j-< /2. C~~p/.'~ tome welI known and known to be the perso~ named in the foregoing lease, ani! r A. .A-( acknowledged that I ~ executed the same for the purpose therein expressed. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the / 6 U_ day of.__~ , lli. !\fy commission expire~ T' '. C)i' FLl)rdDA r " i h. tr I I,) I ~~ cr ~tl1;). v:, l, 'j" .j;, ~\ ,. ~ :,~:u bUN I; l u I t1r\ u \J r IH 1\ "k · ~. 'j 1/1:r flls/rlll/lt'lIl i,rt:pl1rCtl b.-y: /\ (l,fri.'55 '" .. ,. ~\. t.IJ ~ ~ ~ ~ = I ~ 1 .... . I = . ~ ~ I I ~ I ~ ~ ~ " ~ I I ~ ~ ~ .. I ~ . .. 1 Q ~ t-l ~ co I ~ +-fa ~ "