01/16/1993
I
~usintss
llltast
THIS AGREEMENT, entered into this
16th
day of
January
, 19 9 3
be~een Carol A. Cianciolo, Lee G. Ganim, Don E. Ganim
, hereinafter called tlie lessor,
party of the first part, and The Board of County COfTlTli ss ioners
of the County of Man roe and State of F lor i da
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
No.
situate in Monroe County,
space for the Public Defender
the term of one yea r
clause ten of this lease beginning the
19 93 , and ending the 15th
at and for the agreed total rental of
Dollars, payable as follows:
One Thousand Two Hundred Dollars ($1,200.00) per month; payable
within thirty (30) days of each due date, commencing on Januar~
16, 1993 until January 15, 1994. ~~
Florida, to be used and occupied by the lessee as offi ce
and for no other purposes or uses whatsoever, for
, subject and conditioned on the provisions of
16th day of January
day of January , 1994
Fourteen Thousand Four Hundred and 00/100
..
c..o
c.J
- 1
(.,
~ .--'
l~
t. (1 ,:"") - ,,-
r 1
f. ,I
C' ^ -<
I", )
(.'" C) r
,""V
.~ ,
(-. _1
--~ :D
. _, r'- ~ -:-]
~
:. J
( )
~
o
G.)
CD
r .~
r ' i
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. Gan im, 100360 Overseas H i gh\~ay 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, witho'Qt 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: Tha t 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 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 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 shaIl 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, shall have the right to enter said premises, and remove all per~
sons therefrom forcibly or otherwise, and the lessee thereby e~pressly waives any a~d all no~ice req,!-ired by law
to terminate tenancy, and also waives any and all legal proceedIngs to re~over possessIon <?f saId premIses, an~ ex-
pressly agrees that in the event of a violation of any of the terms of thIs lease, or of saId r';1les a~d regulatIons,
now in existence, or which may hereafter be made, said lessor, his agent or attorneys, maY.lmmedlately 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 there~or, and relet
the premises with or without any furniture that may be therein, as the agent of the lessee, at such prIce an~ upon
such terms and for such duration of time as the lessor may determine, and receive. the re~t therefor, applYIng.the
same to the payment of the rent due by these presents, and if the full rental hereIn provIded shall not be reahzed
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 If~~es~rraf>Xf~sS of demand. of Lessor
SEVENTH: Lessee agrees to pay the cost of collection and iDQ(~~X attorney's fee ,*Uj()(.~
>tX1CbIIk~>UCalKkacllo4Jee~~JO(lQ(lliDIJaelrXdtJO(~~JtM< in the event Lessor
institutes suit ~nst lessee due to the breach a~r d~auJt of ~~se~the te s of
~>.<~ I()QJUex>tkldx1w8<)dJt)gX~,*~1Dcx XRK~~""tcf<)0t.,.fCD( tll. h · L
MMkfor}o)ik"~X1IJrdc..].Id)d)cptx"~~Ql>akk~)(.IJQ~x>>abtX9CX""kJt~~~ tt*X>M tiS ea se
Mr2tKM1ae)Q)tXIdtKIla<XJtd()(xput&)fJaK~IfS(Jd<:IIx.*p<JdtJo<Xbe<MIDU<~>Oe~<<,bt".JJ MlIM<JOtx
1dXItx)O~t4JOX_XkJelsee>d)e)(~JUt1tQJlO8(JOIIkjJ)l_Itba~XIltX.X>Ul'JtR""~",,>MW~
~>CeJlt(:IDcdU~JlJalod<~)e)tIUbratxb8lkJdXoooe>Oe>doe~J{W:K*,Jl~~tG<_~~
ItkkJt~.:O<~J8(
Mlbl'IJIx1Cb*icbdel8eK>beJll8bgxpl~""_~xO(>dlJ(>4aeJUl(dx1Oex~_JlXxM~oc;x~Jbx""Jt
~odXtein<Jeuee)(~,*JCll>>1(mtlgXbe(}ao)lPdxOC(J(OttXooxxa4Jl~~,.It"~)(JUt*_K~*~
JIQlJ~*MtJcJt~RRck*_leX.teM~>tJUaXttM>Illld><btKJCIQ>be~OOXJl4(jD~xtiBtJeu(ioDIlIWun1)Ox)O~)t-
M<~~"'>OCdUl"~~K~ll~~~;aibl=~X>01>OlX>Pexoe:UX1l.>Ca.~'"
die.il*><f>>.x4xO(_>CkDI)<~ibex~x)l)t)lIdX"">dulIgeX>tkeee >i1ltouoedKtaKll_>Grxbxbe*~
ZBJGX'JIt>U)t.t(k4t.tIk:t<X~&*,&~~~~~>COOl>l""Kd(~>tx>tkI()lxent>dl.)l"OQ)(llecSdel
_)IlQa(XJ(ll..~~JIdtS>>SJOlKpaM..>tIrattlell>beJSaml_>acXJl>tkIC,.xeot~,.)exoox)Qq
~>eD<~x.1t~YYYYYYYYYYYYYY1()CI)eJl1dx"~~>dia>l_tllK.-.,eJoc~*~"
I8D28(Q011XIIeC.x-*~)(aoQK~~tEtl>aXJttt.>COOl>titl(xtDo)QX.lJlJOt"JttuacJ(x~tl)O,,>tIe~>ai>ttdwl
)eale(
It being further understod 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)? 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 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 shaIl 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 agree.d 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 cooperate in every respect in providing
estoppel letters to subsequent owners and/or mortgagees in the event of resale
or refinancing.
The Addendum and Exh i bit IIA'I attached hereto are incorporated here in 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.
Signed, sealed and de .vered in the presence of:
As to Lessor
( Seal
( Seal
dor--". -,
1
Jack London
Mayor/Chairman
Lessee
( Seal
ATTEST: DANNY L. KOLHAGE, CLERK
By ~C. /.fb;~
As to. Le'Ssee
Deputy Clerk
Date: February 10, 1993
County of
Monroe
I
By
STATE OF FLORIDA,
Before me, a Notary Public in and for said State and County, personally came Lee G. CYlnim
to me
well known and known to be the .perSOll- named in the foregoing lease, ann h~
acknowledged that h~ executed the same for the purpose therein expressed. and who is
personally known to me.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the 5th
My comm
, 19
day of
17115 Instmment prepared by:
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-POUR: 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 in the halls of the building of which the leased
premises are apart, 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 108ses,
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, provi~ions and limits of Florida Statute 768.28.
TWENTY-SEVENTH: Lessee shall have the right to assign thief
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: ~he 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.
. t .
'-
SWORN STATEMENT PURSUANT TO SECl10N :87.133(3)(8),
[l.ORIDA STA'f{JTES. ON PUBUC ENTITY cRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBUC OR
OTHER OFFICIAL AlITBORIZED TO ADMINISTER OATIIS.
1. This sworn statement is submitted to MONROE COUNTY
Lee G.' Gan i m (print name of the public endty)
(print lDdlvldual's aame and tltle]
by
for
[print name of endty submiutn& SWOrD statement)
whose business address is .100360 Overseas HighwaX, Key Largoz FL 33037
and (it applicable) its Federal Employer IdentUication Number (FEIN) is
(If the entity haS no FEIN, include the Social Security Number of the individual signing this sworn
statement: :I;... J;-{/S-I . . .'.)
2. I understand that a .public entity crime. as defined in Paragraph 287.133(1)(g). lIorfdJ 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 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 aaency 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 .convicted. or .conviction. as defined in Paragraph 287.133(1)(b). FlorislJ S~Jut,s.
means a tlnding 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 1 jwy verdict, nonjuiy trial. or entry of a plea of guilty
or nolo contendere.
4. I understand that an .affiliate. as defined in Paragraph 287.133(1)(1). lJm'Ida Statutes. means:
1. A predeceSSOr or sua:es&Or of a perIOD coD\'k:ted of a public aad1y c:rIIDe; or
2. An entity UDder the conuol of UIJ umral ~ wIlD II ~"~.III!.~ of the adlJ
aDd who baa bccD CODYicted of a ~ ead1y c:rt.L 1'be ...~~:~ dae ......
direCtorS, eaaitiYeS. partners. sbaicboIrJaI, ..,...".., JDeI8~ ..a...... wbo are ICd9I ba tile
management of an affiliat~ The OWIlershlp b1 one penon of sIIInI::~ a coDDOlllDl
interest in another person. or a poollDg of equipment or income &DlODI penoDS wben DOt for fair
market value under an arm's leugth agreemcat.1ba1l be a prima fide CIIOtbat oDO peIIOIl coauoJa .
another person. A person who tnowinzly enterS into a joint \altDre with a penon who his been
convicted of a public entity crime in Florida during the preceding 36 months sball be considered
an affiliate.
5. I understand that a .person" as defined in Paragraph 287.133(1)(e), FloriJl~ SJatutes. means any
'7. 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. panners,
shareholders, employees, members, and agents who are active in management of an entity.
6. Based on inrormation and helief, the ~tatement which I have marked below Is true In relation to the entity
submitting thi~ sworn statement. [Indh:ate which statement applies.]
-L Neither tlle entity submitting this sworn statement, nor any of its officers, directors, executfve4J,
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, employee~, members, or agents who are active In the management of the entIty, or
an affiliate of the entity has been charged with and oonvicted of a public entity crime subsequent to July
1, 1989.
_ The entity submitting this sworn statement, or one or more of Its omcen, 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. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of AdministraUve 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 oonvicted vendor
list. [attnch D copy or the nnol order]
I UNDERSTAND TIIAT TilE SUBMISSION OF TillS FORM TO mE CONTRACTING OFFICER FOR TIlE
PUBLIC ENTIlY IDENTIFIED IN PARAGRAPII 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTnY ONLY AND,
TIIAT TIllS FORM IS VALID TIIROUGII DECEMBER 31 OF TilE CALENDAR YEAR IN WIllen IT IS FILED.
I ALSO UNDERSTAND TlIAT I AM REQUIRED TO INFORM TIlE PUBLIC ENTITY PRIOR TO ENTERING
INTO ^ CONTRACT IN EXCESS OF TIlE TIIRESIIOLD MIOUNT PROVIDED IN SECI10N 287.017, FLORIDA
STATUTES FOR CATEGORY lWO OF ANY CIIANGE IN TIlE INFORMATI CO 1\1 D IN THIS FORM.
S\vorn to and subscribed before me this 5th
day of
. 192L-.
Personally known xxx
OR Produced identification
(Type or identification)
My commission expires
Debra L. Wachendorfer
(Printed typed or stamped
commissioned name of notary public)
Olllelll Seal
DEBRA l. WACHENDORFER e
Notary Public, State of Aorida i~
My Comm. expires Jan 28, 1996
No. CC166194
Form PUR 7068 (Rev. 06/18192)
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
If& ~ {/fAll~ ~
warrants that he/it has not employed,
retained or otherwise had act on his/its behalf any former County officer
or employee in violation of Section 2 of Ordinance No. 10-1990 or any
County officer or employee in violation of Section 3 of Ordinance No.
10-1990. For breach or violation of this provision the County may, in
its discretion, terminate this contract without liability and may also,
in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage,
gift, or consideration paid to the
or employee.
/'
Date:
STATE OF Florida
COUNTY OF Monroe
Subscribed and sworn to (or affirmed) before
me on
February 5, 1 993
(date) by
Lee G. Ganim
(name of affiant).
He~is personally known to me or has produced
personally known
as identification.
(type of identification)
MCP#4 REV. 2/92
NOTA UB Ie
Offlclll Sell
DEBRA L WACHENDORFER e
Notary Public, SIIII of florida a\I.
My COlllm. expIrII .11121, 1816
10. CC186184