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02/16/1988 r l llItns~ day of rec~o~rd ~ ' 19 88 between Dominic Cianciola, as agent for the owners of _ , hereinafter called the lessor, party of the first part, and the Board of County Commissioners of the County of ~lonroe 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 Lot 5, Block 2, Key Heights, Section 1, the former Pell Real Estate Building THIS AGREEMENT, entered into this ~usintss \ lo -&-., No. situate in Monroe County, Florida, to be used and occupied by the lessee as and for no other purposes or uses whatsoever, for , subject and conditioned on the provisions of day of the term of clause ten of this lease beginning the 19 8 8 , and ending the at and for the agreed total rental of Dollars, payable as follows: 1st Year: Nine Hundred Seventy Five Dollars ($975.00) per month; payable within thirty (30) days of each due date, commencing on January 16, 1988 until January 15, 1989. day of , 1990 2nd Year: One Thousand Thirty Five Dollars ($1035.00) per month, plus increases as provided herein not to exceed One Hundred Fifty Dollars ($150.00) per month; payable within thirty (30) days of each due date, commenclng on January 16, 1989, until January 15, 1990. all payments to be made to the lessor on the first day of each and every month in advance without demand at the office of Dominic Cianciola, 100360 Overseas Highway in the City of Key Largo, Florida 33037 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: FffiST: 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, 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 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 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 tenani: !lhaIl 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 grievances, in, upon, or connected with said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the Southeastern Underwriters Association for the preven- tion of fires, at. 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 shalI 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 shalI be optional with either party hereto to cancel this lease, and in the event of such cancellation the rent shalI 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 made by the lessor, are the conditions 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, shalI 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 said 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 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 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 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 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~~!l.~lfforney's fe~_~m~irII maH.X~1IHIuax.dclclKsoit}QXiIJK~xii1x~iMk~in the event Lessor nstitutes suit against Lessee. due. to the breach ~~~t. of_~~se e of ~~.. ......~.... ~~.~o: * . HI . . . . Ie se. x_~~~ xaide ~ ~ x It being further understood 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 of said building, or to exhibi~ said premises, and to put or kee\l upon the doors or windows thereof a notice "FOR RENT" at any time with~ thirty (80) days before the expIration of this lease. The right of entry shall likewise exist for the purpose of removing placards, signs, 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 beginning 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 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 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 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 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 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 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 successors, and the heirs, assigns, ad. 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 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 deliv- ered to the premises leased hereunder shall constitute sufficient notice to the lessee and written notice mailed or delivered to the office of the lessor shall 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. TWENTIETH: 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. TWENTY.FIRST: It is hereby understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first subplitted to th~ lessor for approval be- fore installation of same, which approval must be gi ven ln wri tlng. TWENTY-SECOND: Lessee agrees to cooperate in every respect in providing estoppel letters to subsequent owners and/or mortgagees in the event of resale or refinancing. The Addendum and Exhibit "A" attached hereto are incorporated herein and made a part of this Business Lease and shall have the same force and effect as if appearing within the body of same. I' 1 ! IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. Signed, sealed and delivered in the presence ~ '_ _ . ~~ ~~iccfZ/ ~/tso~ ( Seal As to Lessor (Seal As to Lessee gr;w<<~/ ~ ( Seal Mayor - B -ard o{County Commissio of Monroe County, Florida Lessee . D~ L. KOLIiAGE, Clerk ~ ...s~ . _. ~~D1A-. l) C . Q' ~ Attest I ers ( Seal STATE OF FLORIDA1 County of Monroe Before me, a Notary Public in and for said State and C~ty, personally came Evt\Q-,\(, R h~ I M~o{( wen known and known to b~Jthe persOll- named in the fOreg\lng lease, anUe."L acknowledged that "-L- executed the same for the purpose therein expressed. to me IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the tlo~ day of ~ .Q.6\\J..O...J\ d- e ~ ~)t :'7;,,/ ~. , 19ii. My commission expire~ 1;J1y (;:.:n~7;;:=:i;:;::1 ;'~jt.; -';:;;; It.;:~c :4, :~i,_ ~ J.k:ndsd r;,ru Tr':)'. '"',.;., - !"'itH-.nCH, In 1':. Notary Public, State of Florida at Large. 1711s Ins/rumen/ prepared hy.' Address 1. ADDENDUM TWENTY-THIRD: The Lessee covenants to deliver up and surrender to the Lessor possession of said demised premises at the expiration of this Lease by lapse of time or otherwise in as good repair as the Lessee obtained same at the commencement of this lease, excepting only natural wear, decay or damage by the elements occurring without the fault of the premises, or by act of God or by insurrection, riot, invasion or by military or usurped power. In the event the Lessee shall remain in possession of the said premises after the expiration or termination of the lease for any cause whatsoever, the Lessee shall then be considered a tenant at will and by sufferance, and no such holding over or retention of possession or occupancy shall operate as an extension or renewal of this lease in any manner whatsoever. TWENTY-FOURTH: The Lessee covenants that no nuisance or hazardous trade or occupation shall be permitted or carried on, in or upon said premises, no act or thing shall be done or permitted and nothing shall be kept in or about said premises which will increase the risk or hazard of fire, and no waste shall be permitted or committed upon or any damage done to said premises. The Lessee covenants to pay to the Lessor upon demand for injury to said premises or to the building of which said premises are a part, which injury shall be caused or suffered by the Lessee or the Lessee's agents, servants or employees. The Lessee further covenants not to conduct any business or permit any business to be conducted or to do or permit any act or thing contrary to or in violation of the laws of the United States of America or of the State of Florida or of the Ordinances of the County of Monroe, in or about said premises or the building of vhich said premises are a part. Lessee further covenants that the leased premises will not be used for any purpose that will cause any person or persons to congregate in the halls of the building of which the leased premises are a part, or which would cause noise to emanate from the leased premises which does or might reasonably disturb any adjoining tenants or persons using the halls of the said building, and the Lessee further covenants that Lessee will conduct its business within the leased premises in a quiet, proper and orderly manner, and that any failure on the part of the Lessee to so use the premises in the conduct of its business shall be considered as a violation of a material covenant of this lease. TWENTY-FIFTH: It is mutually agreed that this lease cannot be changed, altered, modified or extended, except in writing and only signed by Lessor and Lessee. No oral change, modification or amendment shall be valid. TWENTY-SIXTH: Lessee agrees to indemnify and keep harmless the Lessor from all losses, damages, liabilities and expenses which may arise from the use or occupancy of said premises by Lessee, or which may arise from any acts, omissions, neglect or fault of Lessee {including Lessee's agents, servants and employees or invitees} or arising from Lessee's failure to comply with any law, rule or regulation. Lessee agrees further to add these premises to any already existing general liability insurance policy. TWENTY-SEVENTH: Lessee shall have the right to assign this lease, provided the Lessor gives its written consent, which written consent shall be withheld unreasonably, all other provisions to the contrary notwithstanding. TWENTY-EIGHTH: 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 which may be sustained by said tenant or any other person or for any property damage caused by any reason. The landlord shall only be responsible for maintaining the roof to be in a leak free condition and the tenant agrees to be responsible for all other repairs to the leased premises. TWENTY-NINTH: It is expressly agreed and understood that Lessee shall be solely responsible for reparations pertaining to electrical, plumbing, air-conditioning/heating systems and/or units. Lessor will be responsible for structural problems only. THIRTIETH: 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. THIRTY-FIRST: The Lessee agrees to make no alterations or changes to the physical structure of the presmises without obtaining the prior written consent of the Lessor. THIRTY-SECOND: Option to Renew. This lease shall include an option to renew, which may be exercised by Lessee at any time prior to September 30, 1989. Said option shall be for a period of two years, upon the same general terms and conditions as contained herein. In the event that Lessee fails to exercise this option in a timely fashion, or in the event that the parties hereto fail to reach agreement on the rent figure, then the option contained herein shall be null and void. . ~...... . .'........,. ,. - .~,. . \ /' . .' j. /' t.\.' / // ~ -~- .i ~~' e .~ ~ ~ ~ , ~ l} )~ \j~ f4t . ) ~ '-oJ \.: :! .... <l ~ I ! . , ' ! ~ L ~ '~~ 1 ~ \JJ \\ ' ". 6 --....... - '\ ..." ...O.J.CS ) I I I ! I , I I I i t "". .. J~ \. -~ <f \. / c;( dt/ ? /-t:J .,. " . ~. .' ... :. - . .' . ..~.~~.-~ ~,~ ~,. EXHIBIT '~An. : .'. ' . ._~ ... ." . ~. ~ :<~~::~~:;i:~~,,:~ ~?)~.~~S~~;;~~J~*~~~.~~::;;:~.~::. .;~.;':.. ,:'~::-:!' '....~..~. .' ~. . .. .,,~. ~ .,.. '. 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