02/19/2002 Lease
. II
IiI
"' !""l C (' 0 R r-',
F ~ LEO ~ n h ~'{ I. '-'", " ~
lbl'u 5 i n C 5 5
11Ica5t
-92 MAR-3
THIS AGREEMENT, entered into this
F eb rua ry \-, f, ' \ ~_~ .. ,..199.t,
LJ J..\ r-,\, ',. "" . ~, . \
Cianciolo and Lee G. Ganim and Don E. GfltOll~6~\ham~1\(Fl t.,
19th
day of
between Carol A.
Michael Barr
, hereinafter called the lessor,
party of the first part, and 'rhe Board of County Comissioners
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
Lot 5, Block 2, KEY HEIGH'rS, SEC'rION I 1/1 t~ former Pell Real Estate BId .
~ .~
situate in Monroe Stateof Florlda , to be used and occupied by the lessee as
our office building for the PUblicMlo~lb<be6iher purposes or uses whatsoever, for
the term of one year , subject and conditioned on the provisions of
clause ten of this lease beginning the 16th day of January
19 92 , and ending the 15th day of January , 19 93
at and for the agreed total rental of'Ph>i)f:-.>t)yX 'rh1Jnd/ & no,(100ths _____________
D II bI f II F 0 u r tee n .,.F 0 U r Hun d red
oars, paya e as 0 ows: · :Ill""
One 'rhousand 'rwo Hundred Dollars (~, 200. 00) per month;
payable within thirty (30) days of each due date, commencing
on January 16, 1992 until January 15, 1993.
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 Lee G. Ganim, 100360 Overseas Hwy. in the City of
Key Largo, FL 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:
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 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 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 tenant shall prolI!Ptly 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 a!latement of nuisances or other
grievances, in, upon or connected with said premises during saia term; and shall also promptly comply with and
execute all rules, orders and regulations of the applicable fire prevention codes for the prevention 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 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 made by the lessor, are the conditions ~pon
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:
'"
'\\
insti
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 le'ase or he may enter said premises
as the agent of the lessee, 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 tnerefor, applying the same to the pa~ent of the rent due by
these {>>resents, 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 shallj)ay any deficiency, and if more t,han the full rental is realized lessor will
pay over to said lessee the excess of demand.
resonable of Lessor
SEVENTH: Lessee agrees to pay the cost of eollection and JEX~Kt attorney's fee ~UX:~~N~
~~~lCmIbmt~JUCik_)lItKXtXecH.lUJ[~Kin the event Lessor
tes suit against Lessee due to the breach and/or default of Lessee of
IDl~M_ ~~~~~1iiba ~XImi~
~~~ ~ Ok!!!~ ~~te
XIIDlIIlaKdm~_~ Ie_. . ~1I1A@ ~Of
~~ IC~ ~~ Ill. Jt~ ~ :fie
l\1lIlG%HX~~~~xUII:DuoX)l)l:>>k!x~<<~KlXumrJX)lml_ "
~kJo:!:~eex~ldkorXfllQl)b][.Do.QtIXlDK_:xD[Xai.lklGeJOjeJS>>ll)l_~~Jt\XME~~
XJDt~&JliM.w.RkltUdKtlJJ{JeJIr.Jmc_][JIlIt!k_xvu_~ · jf 1tJc ~
Jdt*JeJeJttjm(J01:*)lRlt~~bax.d2Xll&:KlK~XDOXJl ~~~ 1f.O '
~JDXeoJDJdxtll)b]{JlDI!K:_JCtker_)C)mrIaSX MJ[:7JX
'.N!]NUD(2rJdJc~~ilj(/JtKH!lI[XHlrlX~>>~*~D_~~S \,\
Jtf(X81i1G_~-)lIQK:PIiXfXdf~ImC1mmeJt:JIlI'JDKDterxDCCiK:~IIltJ01c*JI.ltDC~jg
~~XJl1ltJqllItJalt~YYYYYYYYYYYY~~Jt1IdJC:JQIUIDCbXIBJm[_JC~
)I~DlC:~*w.xtt~dBDt_X~]rJKotJmDc~Jt~H.XJlIR!k~JP1I~~~~
XtHIIDX '
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~ upon
the doors or windows thereof. a notice "FOR RENT" at any time withi~ 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-
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 b~tween 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 !luthorized at itsoptio~, t~ forthwitli can~el this
lease, as lor a default. Lessor may elect to accept rent from such receiver, trustee, or other JudiCial officer dunng the
term of their occupancy in their fiducianr capacity without affecting lessor's rights as contained 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, personal
representatives, 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 con tract.
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 submitted to the lessor for approval be-
fore installation of same.
'rWEN'rY-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.
'rhe Addendum and Exhi bi t II A II attached hereto are incorpora ted
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.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the
purpose herein expressed, the day and year above written.
o Signed, seal dad del. ered. t presence of:
.J
As to Lessor
Lessor
~
(Seal
( Seal
By'
ATTEST: DANNY L. KOLHAGE, CLERK
By
STATE OF
APPRCNED AS TO FORM
By 9?2p ~
AnynsYj
Date 2-- b- 9
County of
Before me, a Notary Public in and for said State and County, personally came
well known and known to be the persoll- named in the foregoing lease, ann
acknowledged that.
executed the sam,e for the purpose therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day of
, 19_.
Notary Public
My commission expires
1711S Instrument prepared hy:
Address
( Seal
to me
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-FOUR: 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 which 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 1n 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 be liable for 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 under
the terms, provisions and limits of Florida Statute 768.28.
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, al 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 unless due to
sole negligence, acts or omissions of Lessor.
TWENTY-NINTH: This lease may be terminated by the Lessee upon
written confirmation to the Lessor that the Lessee has obtained
adequate office space in a governmental building.
THIRTIETH: The Lessee agrees to make no alterations or
changes tot he physical structure of the premises without
obtaining the prior written consent of the Lessor.
THIRTY-FIRST: 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.
....
f
~
SWORN STATEMENT PURSUANT TO SECl'ION 28'7.133(3)(8),
FLORIDA STATUTES. ON PUBUC ENTITY CRIMES
THIS FORM-MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AtrrHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to MONROE COUNTY
[print name 01 the public entll1l
by'
Lee'G'. --Gani~
[print individual's name aDd title]
for
[print name or entity submftttna sworn statement]
whose business address is .100360 Overseas HighwaYl Key Largo, FL 33037
and (if applicable) its Federal Employer Identification Number (FEIN) is,
(If the entity has no FEIN, ~c1ude the Social Security Number of the individual signing this sworn
statement:
.)
2. I understand that a .public entity crime. as defined in Paragraph 287.133(1)(g), Florida Statutes..
means a violation of ..".,.y state or federal law by a penon with' respect to and directly related to
the transaction of business with any public entity or with an aFDCY or political subdivision of any
other state or of 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 alen')' or political subdivision of any other state
or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material. misrepresentation.
3. I understand that .convicted8 or .oonviction. as defined in Paragraph 287.133(1)(b), Florida Statot~
means a finding of guilt or a conviction of a public entity aime, with or without an adjudication of
guilt, in any federal or state trial oourt of record relating to ~ brought by indictment or
information after July 1, 1989, as a result of a jury verdict, Donjuiy trial, or entry of a plea of guilty
or nolo contendere.
4. I understand that an .affiliate. as defined in Paragraph 287. 133(1) (a). FlorIda Statutes. meaDS:
1. A predecessor or successor of a person coDVicted of a public entity ~ or
;Dd ~:-:=::=~fO:;:=~~:2".~:":'U:=
.' dJrec:tOn, ezecUtives, partners, sbareho1ders,"employees, membea, __.... who are active In the
management of an affiliate. The ownership by one person of slaana .CDDItitutinl a coDtroUlng
interest in another person, or a pooling of equipment or inamle aJDODI perIODS when not for fair
market value under an arm's leaJth agreemeat,.shaI1 be a prima ~'~i~' a_perIOD coatroJa
another person. A person who knowinJly enters into a joint 'WtIlture with a penoD who bII been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered
an affiliate.
s. I understand that a .person. as defined in Paragraph 287.133(1)(e), Florida S~tutes. means any
"i. 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 traDSact business
with a public entity. The term .person- includes those officers, directors,. executives, partners,
shareholders, employees, members, and agents who are active in management of an entity.
.. iw..
. ,
Ii
6. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. [Indicate which statement appUes.]
.l- Nei~her the entity submitting this sworn statement. nor any of its officers. directors. executives.
partners. shareholders. employees. members. or agents who are active in the management of the
entity, nor any affiliate of the entity has been 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 its officers, directors, executives,
partners. shareholders. employees. members. or agents who are active in the 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.
_ The entity submitting this sworn statement. or one or more of its officers. directors. executives.
partners. shareholders. emplqyees, members, or agents who are active in the 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. However. there has been a subsequent proceeding before a Hearing
. Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by
the Hearing Officer determined that it was not in the public interest to place the entity submitting
this sworn statement on the convicted vendor list. [attach a copy of the fmal order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY
ONLY AND, THAT THIS FORM IS VAUD THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC
ENTI1Y PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY'lWO OF CHANGE IN
THE INFORMATION CONTAINED IN THIS FORM.
-::t;I/{) /tI~~
[date] r
STATE OF J.~
COUNTY OF~
...
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
L e. e- G,.. b n 0 I YYl . who, after first being sworn by me, affixed his/her signature
[nome of individual signing]
day Of~~ .19 q;;L.
in the space provided above on this I 0
My commission expires:
NoTARV PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. AUG. ],1993
BONDED THRU GENERAL INS. UNO.
~~~~~~-
.... NOT Y(!UBUC
De.bor"h l · SCOiCL-
Form PUR 7068 (Rev. 04/10/91)