03/07/1990
j ;
~usilt.ess
1Il.east
THIS AGREEMENT, entered Into this
7th
day of
March
, 18 90
between Dominic Cianciola I as agent for the owners of record
. Jlerelnatter called the 18IIOr,
party of the ffrst part, and the Board of County Coomissioners
. of the County of Monroe and State of Florida,
hereinafter called the lesse. or tenant.. party of the second part:
.~
WITNESSETH, That the laid IdJOr does this day lease unto said Iesaee, and laid lessee
does hereby hire and take as teDaD~ '..: under said lessor Room or Space
....
Lot 5, Block 2, Key Heights, se<::tlon 1, the former Pell Real Estate Building
No.
situate In Monroe County
space for the Public Defendar
the term of OflC )rear
clause ten of this lease beJrlDDlna the
19 90 . and eDdln~ the 15th
at and for the agreed total 'rental of
DoUars, payable as follow8:
Florida, to be used and occupied by th.l.... as office
and for DO other purposes or uaea whataoever, for
. 8ubjeet and conditioned OD the provlafoD8 of
16th day of January
day of January
Thirteen Thousand Two Hundred
, 19 91 ,
One Thousand One Hundred Dollars ($1,100.00) per month: payable thirty (30) days
after each due date, cannencing on January 16, 1990 until January 15, 1991.
aU P871Denta to be made to the leuor on the fint 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 .~ luch other place and to luch other perIOD, as the lessor
may from time to time deslpate In wrJting.
The following express stl,p1:Jlationa and conditions are made a part of this lease and are here-
by assented to by the leuee:
FIRST: The l_e ahall not auta. tb1a 1_. nor lab-Je' the pre."" or aD, part thereof Dor aM the .....
or aD7' part thereof, Dor permit the "IDe. or aDr ~ther.of. to b. ued for aD, other parpoee tbaa .. aboy. adpu-
lateda nor make anl' alteration. thereba. aDd all addition. th....to. withoqt the wrI~n eODMDt 01 the l-::f and
all aaclltioD" fixtures or Improve.eat. wblcb IDa)' b. mad. b~ 1_.. uc.pt IBcwable oftlce fumlture. 1 be-
eome the propert7 of tbelUlOr and remain apon tile premlMa.. a part thereof. aDel be ..mad.reel wltJa the prem-
I... at the termmatJon of tbIa I.....
SECOND: All penonal propert7 'placed or mewed In the preml... aboy. deeerlbed abaU b. at the riak of
the Ie.... or owner thereof, and leNOr .all not b,. lIabl. for aD)' damap to ..lei peraonal propelt7. or to th.
I..... arlaln. trom the buntta. or leaJdnl' of water pip.., 01' from an, act of a..llceace of any eo-tenant or
occupanta of the bulldlne or 01.n7 other penon whomsoever.
THIRD: That the teD.n~.. .hall promptly exeeute and compJy with all .tata*- ordinances rul..,
orden, repl.donl and requlrementa ot tb. Federal, State and City Government and of aDy ud all their Depart-
menta and Bureau. appUcable to said premia.., tor the correction, prevention, aDd ahatemeat ot nuisance. or
other arlevanee., In, upon, or connected with. laid premlsu duriDlf aald term; and ahaU UIo promptly comp))'
with and execute aU rule., orders and replations of the Southeutero Underwrlten AaoclaUoD tor the prev.n-
tJon ot tire., a~ own COlt and ezpen.e.
FOURTH: In the event the pre mi... .haJl be deatro)'ed or 10 dama,ecl or Injured b~ fire or other caaualt)'
durinI' tbe life of thl. aareemeat. whereby the ume .hall be rendered untenantable, then the leuor ahall hay. the
ril'bt to render aid premia.. tenantable by repaln within ninety da,. therefrom. It saId j)remi8u an Dot radered .
tenantabl. within said time, It ahan be optional with either party hereto to cuee) this le_. and lD the e.ent of
lueh cancellation tbe rent ahall be paid only to the date of .ucb fire or euualt7. The cancellation herem mentioned
.hall be eyjdenced In wrltlnc.
FIFTH: The prompt p~JDIent of tb. rent for aid preml... upon th. date. Darned, aDd the faithful obMrv-
enee of tbe rule. and reculalion. printed upon thia le_. aDd which are hereb, mad. a put 01 thia eOY8Dant, and
of luc:b other and turther rul.. or replatlon. .. may be hereafter made by the le.or, are the conditions u~n
whieh the lease i. made and accepted and aDJ' fallure OD the part of the lea.. to COIDP~ with th. tenu of 8aIcI
lea.., or any of laid rulel and recuJaUolUI IIOW fa existence, or whleb ma, be bereafter pracribecl b;r the leI8Or,
.baU at the option of the I_or, work a forfeiture of thia contract, and all of the righta of the Ie_ he.reuder,
and thereupon the leuor. bla ...all or aUome)'., _all bav. the rlcht to enter aiel preml.... aDd remove aU per-
!
Ions therefrom torrlbly or otherwise, and the lessee thereb)' expressly waives an)' and .n notlee required by Ja.
to terminate tenancy, and also waives any and all legal proceedinp to recover pOlSeuioD of _Ad premisel. and ex-
pressly -Kreel that in the event of a violation of nny of the terms of this lease, or of uld rule. and reculatJonl,
now in existence, or wbich may hereafter be made said lessor, his .,ent or attorney., may Immediately re..nter
.aid premises and dlspolseu lessee without leaal notice or the institution of any leeal proce.dln.. whataoev.r.
SIXTH: If tbe lessee shan abandon or vacate said premises before th.. end of the tenn of tbl, lea.., or
shan luffer the rent to be In arrean, the le.sor may, at hi. option, forthwith cancel thia I.... or h. ma, enter
said premises a. tbe agent of the lessee, by force or otherwise, wit.hout beina liable In any way therefor, and relet
the premises with or without any furniture that ma)' be therein, as the ..ent of tbe leue., at Iuch price and upon
such terms and tor such duration of time as the lessor may determine, and receive the rent therefor, applyin. the
same to the payment of tbe rent due by these presenls, and it the lull rental herein rrovlded ,hall not be r..lized
by lessor over and above the expenles to leSllor in lucb re-letting, the said lesaee shat pay any deficiency, and if
more than the full rental is realized lessor will pay over to aaid lessee the excelS of demand.
SEVENTH: Lelsee agrees to pay the".eost of C!ollection anl&I5iiR"JteattorneY'1 fee iiJi:i-~
~~_MdlK"'.o4D~DCIQc)lMamendDC_;;m in the event Leaso
InstItutes SUIt agaInst Lessee due to.e breai and or defa~t L S 0 he te
ElflltGIcx~_tla..x"'D(_]bN(Wltbc_. di_a XD i~xltl MtMtJ, th · s
~>aKd)llQltU(JlIltdXdll(IUl4I)~X.&lIkdUr4l1 ~x KXma km . It
)IQ>dnlICX...axkDe>>IRdxuIKDIIdK~]dJJla...,.>>cxfiwK"_~~. .M(Jt ~i &I
ldlitlotamtinax.xwid1cJtSbcllWIl DI.<<)t~>nt XIIMx llkl t
a..tJ~~~=JDltmudKlDJIlI_=X1llIKOC It HIt.~ . ~x 1& x
~'JJWCIIK&"I8liI8<KM-~Ktc~r.IC~.MliltfAXIbXJliiKldlmtXd ]tjaaxeu.. .1l>>~.x~lCltaa.xnodlxlaldc
U_U)6lll.....~IIK~J(...)br...._lCX4xa\XSCddc.IISDdaDI~A_H'x ~.MRk]tfc~k<<
>tJUGl(kaalalalel~lI__UDOItibalJtkll:_bIJl_lIJl=~n gl'A'lJalft
_)Ck<<xleDtGX.l:Dac_ct:lDoJIXX.act.JI~_Jl&'n~iGHWX alflIWlxt1et1AcIftM I l~ft
~MawkgK~tec_JlRtil&tl9f.jJl'k~kAWMclwk~W1r~. ftW2Wi~lIPi1tll t
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lfJIlOAR'JtR~WtJl>>lmiX1Altmtmttil.lkllwkilJAtW~~~W ftlWllxm
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It being further understod and alTeed that the lel.ee will not be required to vaeate .ald premia.. durlnc
tbe winter leason: namely, November tint to May firat, by re.son of tbe above paracraph.
ELEVENTH: The lessor, or any of bla agenta, shan have tbe right to .nt~r laid preml... dum.. all reuoD-
able hours, to examine the ume to make .uch repair., addition. or alteration. .. may be d.emed neeeual'J' for the
aalety, comfort, or pre.ervatlon thereotl or of uld bulJdinr, or to exhlbl~ ..Id prem..../ aDd te put or k..p "POD
the doors or windows thereof a notle. 'FOR RENT" at any time within tblrty (80) aa78 before the explratloD
of this leaae. The riebt of entry .hallllkewiae exist tor the purpose of removing plaeard., .ip., flstur... altera-
tions, or additions, which do not conform to this acreement, or to the ful.. and relUlationa of the baUdlllC.
TWELFTH: Leue. hereb) aeeepta tb. premises In the eondltlon they are In at the beclnnlD. of tit.. 1....
and agreel to maintain said premises In the .ame eondltion, order and repair.. tbe)' are at tbe commencement of
laid term, excepting only reasonable wear and tear arllln~ from the ule thereof under tbla acr..ment, and to
make aood to uld leuor immediately upon demand, aDY damap to water .pparatus. or electric Uabtl or any fix...
ture, appliance. or appurtenanee. of .aid premisea, or of the building, eau..d by any act or ne,Ject of le__, or of
any person or perlon. In the employ or under the control of the lessee.
TIIJRTEENTH: It Is expre.sly acreed and understood by and between the partl.. to lbla ap-ee.eDt, that
the landlord .hall not be liable for any damage or inJur)' br water, wbleb may be .uatalned b, the _id teDallt or
other person or lor any other damace or Injury resultlD8 from tb,. eareleanea, nearUceace, or Improper eODduct
OD the part of anJ other tenant or a..enta, or employe.., or by reaaOD of the breakaare, leak..., or obstruction of
th. water, sewer or loll pipes, or other leak a... In or abo!lt tbe said bulldina.
FOURTEENTH: If the .Ieasee shall become Insolvent or It bankruptcy proeeedlnp sball be bel\lD by or
aplnat the I....e, before tha end of said term the lessor Is hereby Irrevocably authorized at Ita option, to forth...
with caneel this lea.., a. for a default. Lessor may elect to accept rent from luch receiver, trustee, or other judl.
cial officer durin.. the term of their occupancy in their fiduciary capacity without effectin. I...or'. riabta .. con-
tained In thla eontract, but no receiver, trultee or other judicial officer ahall ever have any right, title or Intereat .In
or to the above described property br virtue of this contract.
FIFTEENTH: Lessee bere~y waives and renounees for himself and famil)' any and .11 bom.stead and ex-
emption rights b_ ma, have now, or hereafter, under or by virtue of the constitution and lawl of the State of
Florida, or of any other State, or of the United States, .. against the pa)'JDent of said rental or an, portion
hereof, or anJ' other obllptlon or damage that may accrue under the terms of this agreement.
SIXTEENTH: This eontract shan bind the lessor and Ita Aulene or successOrl. and the hem, aalpl, ad-
mlnlatrators, leaal representatives, executor. or lucc:euon 8. the case may be, of the I_ee.
SEVENTEENTH: It II understood and _creed between the partie. hereto that time i. of the eaenee of
this contract and this applies to all terma and conditione contained herein.
EIGHTEENTH: It Is under.tood and aareed between tbe partie. hereto that writteD Dotlce mailed or delly.
ered to tbe premiae. lealed hereunder .hall constitute lufficlent Dotlee to th. 1-.. and wntteD notic. mailed or
delivered to the office of the lessor ,ball con.titute 8ufflclent notice to the LelSor, to compl, with the terma of
lbl. contract.
NINETEENTH: The rfebt8 of tbeleuor under the foreeo1n. .ball be cumulative, aDeI failure on the part of
the Ie_or to exercls. promptly au)' ricbta liven hereunder .hall Dot operate to forfeit aay of the Aid rlchta.
TWENTIETH: It I. further underatood and 811'ee4 between the partl.. hereto that an1 eharpa apln.'
the Jelsee br the lessor for service. or for work done on the_premlaes by order of the I_e. or othenriH accrulq
under this eon tract ,ban b. eonlldered .. rent due and .baII be Included In an)' lien for ren' due and unpaid.
TWENTY-FIRST: It t. hereby undentood and a~ed that all' .Ieu or advertlal. to be aHCI. IncJu41ac
aWDlnCl. In cODnectlon with the premia.. l_ed her.uDder shall be fira' aubmltted to the I...or for appro.al H-
tore laltaUattoD of ..me.
'1WENTY S~COND: 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.
of
lease
1"'.
.'
~
IN WITNESS WHEREOF, the partfes hereto have hereunto executed thla Instrument for the
purpose herein expre88ed, the day and year above written.
Signed, sealed and delivered In the presence of:
( Seal
As to Lessor
Lessor
( Seal
Count~ of
I
ATTEST: DANNY L. KOLHAGE, CLERK
By: (Seal
STATE OF FLORIDA,
BY
Befor. me, a Notary Public 'In and for laid State and County, peraonall)' eame
to m.
well known and known to be the penoll-- named tn the torecoln. lease, uti
acknowJedced that executed the same tor the purpo.. therein expreuecl.
IN WITNESS WHEREOF. I have hereunto 8et my hand and affixed my official ...1 th-
daJ of
,19_
If, eommlufoD expire-
Notal)' Public, State of "orlda at Lar...
'/711:' IIIJlnllll'-',' prrpalr' hy:
A,ltl,,~
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 usurp~d 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 coven2nts 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 ~hich 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 conqreqate
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, alt~red, 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
~ease, provided the Lessor gives its written consent, which written
consent shall be withheld unreasonably, all.'~ther 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 main-
taining the roof to be in a leak free condition and the tena~t
agrees to be resposible for all other repairs to the leased
premises.
TWENTY NINTH: It is expressly agreed and ulnderstood 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 tessee upon
written confirmation to th~ Lessor that the Lessee has obtained
adequate office space in ~.governmental building.
THIRTY-FIRST: The Lessee agrees to make no alterations or
changes to the physical structure of the premeises without obtaining
the prior written consent of the Lessor.
THIRTY-SECOND: In the event that the landlord constructs,
pursuant to previously agreed upon terms and conditions, new rental
structures on the subject property, within the specified terms of
this lease, then the parties may, by mutual agreement, enter into
a new lease and render this lease null and void, regardless of
any other terms and conditions in this lease.
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S'\'O~ STATE!\lENT l)NDER. SECTIOr\ 287.133(3)(a),
FLORIDA STATUTES. ON punuc EN1.ITI' CRIMES
THIS FORl\f ?\1UST 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 Contract No.
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This sworn statement is submitted by
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[name of entity submitting swom statement)
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whose business address is
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and
(if applicable) its Federal Employer Identification Number (FEIN) is
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(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
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statement:
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3.
My name is
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[please print name of individual signing]
and my relationship to the
'L~.' (' I. 1 ! ; v . L._
4.
entity named above is
I understand that a .public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes..
means a violation of any state or.. feclerallaw by a person with respect to and directly related to the
transaction of business with any public entity or with an agent-;' 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 antiuust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
-#-
I understand that "convicted- or "convictlona 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 coun of record relating to charges brought by indictment or
information after July 1, 1989, as a result oC a jury verdict, nonjury trial, or entry of a plea of guilty
or nolo contendere.
s.
6.
I understand that an -affiliate. as defined in Paragraph 287.133(1)(a), F10rida Statutes. means:
1.. .~ 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 manaacment of the .
en tit)' and who iW been convicted of a public entity crime. The term -atIl1iate8 includes those
officers, directors, executives, partners, sharebolders, employees, members, and agents who are active
in the management of an affiliate. The ownership by one person of shares constituting a coDuolliDg
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 CODuols
another person. A person who knowingly enters into a joint venture with a person who bas been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered an
affllia t c.
7. ! understand that a .person8 as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laM of any Slate or of the United States with the legal
power t6 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 .person8 includes those officers, directors, executives, partners,
shareholders. employees. members, and agents who are active in management of an entity.
8. 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 statementappUes.]
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. ~ther the entitv submitting this s~or'n statement. nor any officers. directors. executives. ......' ·
parti\ers. shareholders. employees. members. or agents who are active in management of the entity,
nor any affiliate of the entity have be~n charged with and convicted of a public entity crime
subsequent to July 1, 1989.
_ The entity submitting this sworn statement, 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, 6l::U2 [Please Indicate which additional statement applies.]
_ There has been a proceeding concerning the conviction before a hearing' officer of
the State of Florida, Division of Administrative Hearings. The fmal order entered by the
hearing officer did not place the person or affiliate on the convicted vendor list. [Please
attach a copy or the final 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 nttac!lw a copy of the final order.]
_ The person or affiliate has not been placed on the convicted vendor list. [please
describe nny action taken by or pending with the Department oC General Services.]
~~/ "
C ! . ./~J' /f
~ ';:~~, ;L LC 7 (, / ~ ,(,~ ( )t--
. [signature] ~
Date: ...3 /.:< l //'r--
STATE OF
COUNTY OF
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Y .~~... L...-
7--:1L"?L t.. .,-,:_'
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D ,: -. . ~so~F ~ ~PEARED BEFORE ME, the, undersigned ~uthority,
. __ (,"1 , N I ( t ( , rl ^' C. I () I... (i who, after first bemg sworn by me, affixed his/her signature
[name of individual signing]
in the space provided above on this ~ f tf.- day of ~ d.... 19 <9 b ·
\.~f1.~'
NOTARY PUBLIC;
My commission expires:
~10T;~c:Y P'J8L It STATE or F"lcmJOA
MY L .;-tMISSION EXP JUlY 13,1993 J
BOIL~;) THRU GE:.ERAl INS. UNO. ·
,
J -
For:':1 PUR 7068 (Rev. 11189)
........... ;....... .