02/20/1991
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THIS AGREEM~T, entered into this
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between:':::~
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E: , , hereinafter called the lessor,
party of:tbe ff1:st p~t, and the Board of County Commissioners
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 HEIGHTS, SECTION I, the former Pell Real Estate Building
No.
1licast
20th
day of
February
, 1991
Carol A. Cianciolo and ~ G. ~ and,~_fun E. Ganim and Michael Parr
~
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situate in Monroe County State of Florida , to be used and occupied by the lessee as
our office Building for the Public and for no other purposes or uses whatsoever, for
the term of ~~~r~ Defender, subject and conditioned on the provisions of
clause ten of this lease beginning the 16th day of January
19 91, and ending the 15th day of January
at and for the agreed total rental of Thirty Thousand & no/IOO ________________________
Dollars, payable as fol}ows:
One Thousand Two Hundred Dollars ($1,200.00) per month; payable within Thirty
(30) days of each due date, commencing on January 16, 1991 until January 15, 1992.
19 ~92
, -,
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 Ganim, 100360 Overseas Hwy., 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:
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 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 toHthe
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 prony>tly 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 I prevention, and abatement 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 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.
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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 paY!Dent of the rent due by
these {lresents, 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. '
reasonable of Lessor
SEVENTH: Lessee agrees to pay the cost of eollection and W1xJleaxoezrx attorney's fee dmCan;x)(aTtXJtElid
mntaa)tjlldKJl1X)[~)COJaKCtJr:<lj)X)8J1itXlr~~*~X)o:Jm:l:~~:>>W~. in the event Lessor insti tu
suit against Lessee due to the breach and/or default of Lessee of of the terms of t
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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 keel.> upon
the doors or windows thereof a notice "FOR RENT" at any time withi;n 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 between the parties to this agreement, that
the landlord shall not be liable for any damage or injury by water, which may be sustaine~ 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 ~uthorized 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 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 submitted to the lessor for approval be-
fore installation of same.
TWENTY_SECOND: Lessee agrees to coope t ·
Ira e In every respect in providing
estoppe 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
~ade a part of this Business Lease and shall have the
If appearing within the body of same. same force and effect as
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( Seal
(Seal
(SEAL )
A'ITRST:
By:
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~~~'~~a?' imrv~;~ ~ r~
Mayor /Chairman (Seal
Lessee
APPROVED l~t; rf) r'~U.::f;ff
A,~'n lflrt4
County of
STATE OF
Before me, a Notary Public in and for $aid State and County, personally came
to me
well known and known to be the perSOIl- named in the.. foregoing lease, and
acknowledged that
executed the same 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
17115 Instrument prepared hy ff
Address
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, wh~ch injury aha'l,l be caused or suffered
by the Lessee or the Lessee's agents, servants or employees. The
Lessee further covencnts 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 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 \"i11 conduct its business within th'e 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.
~H~TWENTY-SIXTH :
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TWENTY-SEVENTH: L~ssee shall have the ;'ri'ght to assign t~i,s
lease, provided the Lessor gives its written consent, which written
consent shall be withheld unreasonably, all."other provisions to the
contrary notwithstanding-
~H~ TWENT~-S~X~H: Lessee agrees to be Liable f;r all losses, /If.
damages, 11abllltles and expenses which may arise from the use or
occupanc~ o~ said premises by ltssee or which may arise from any ~A
acts, omlsslons, neglect or fault of lessee (including lessee's ~~\6
agents~ se:vants and employees or invitees) or arising from~
lessee s fallur~ ~o comply ~i~h any law, rule or regulation under '
the terms, prOV1Slons and 11mlts of Florida Statute 768.28.
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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.
.
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S\\'ORN STATEMENT UNDE~ SECTION 287.133(3)(a),
FLORIDA STATUTES. ON PUBLIC EN1"ITI' CRIMES
THIS FO~f MUST BE SIGNED IN TH~ PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER OATHS.
1.
This sworn statement is submitted with Bid, Proposal or Contract No. tf G?ft'
for IIpPi'll I'd. I'Jlil/C '/JE1f"/~ . .
This swo~ stateme~t is submitted by ~T ~ ,IklNftf. iF /Ec~
[name or entity submitting sworn statement]
whose business address is /,fIJJIIJ tJr;'(Mf #..kf
iiY' ~ -1( :J:ltJ11
(if apPli~') its Federal Employer Identification N~mber (FEIN) is
and
2.
3.
(If the entity has no FEIN, include the Social Security Number of the individual signing this ,sworn
statement: Jft,Jj"-//51 J . . - .)
PC ~ C#IV'/ ~.
(please print name of individual signing]
entity named above is t~tll( Jla;~ IJT fe~~4
My name is
and my relationship to the
4.
I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes.
means a violation of any state or.. federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency 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 antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" 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 court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty
or nolo contendere.
6. I understand that an -affiliate- as defined in Paragraph 287.133(1)(a), Florida 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 management of the '
entit}! and who ha5: been convicted of a public entity crime. The term "affiliateD includes those
office~, direciors, executives, partners, shareholders, employees, members, and agents who are active
in th~ mllnagement of an affiliate. The ownership by one person of shares constituting a controlling
jm~rest In another person, or a pooling of equipment or income among persons when no~ for fair
market val~e under an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered an
affiliate. '
7. ! understand that a .person- as defined in Paragraph 287.133(l)(e), Florida Statutes. means any
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 transact 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.
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 .statemen~ applies~
-.L Neither the entity submitting this s~o~ s~tement, nor any officers, directors, executives, · " · , ·
partners, shareholders, employees, members, or agents who are active in management of the emily,
nor any affiliate of the entity have been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
". .
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_ 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. ~ [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 lisL [please
attach a copy of the nnal order.]
_ The person or affiliate was placed on the convicted vendor lisL 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 lisL
[Please attach a copy of the final order.]
_ The person or affiliate bas not been placed on the convicted vendor lisL [please
describe any action taken by or pending with the Department 0 General Services.]
Date:
STATE OF
Florida
COUNTY OF Monroe
(
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Lee G. Ganim
[name of individual signing]
who, after first being sworn by me, affixed his/her signature
in the space provided above on this
My commission expires:
Notary Put)lic. ~tate Of Flonda At Large
My Commission Expires Jan. 28. 1992
~l"inoec 6,. lrtw1~ ~ ~j-ety C~ ~
For:-:1 PUR 7068 (Rev. 11189)
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