01/21/1983
STATE OF FLORIDA
COLJ"l-lTY OF MONROE
LEASE AGREEMENT
This lease agreement entered into this 21 s t day of January
19~, between Ray L. Brown, party of the first part, hereinafter called the
Lessor, and the Board of County Commissioners of Monroe County, Florida, party
of the second part, hereinafter called the Lessee.
WITNESSETH:
That the Lessor, for and in consideration of the covenants and agreements
hereinafter mentioned to be kept and performed by the Lessee, has demised and
leased to the Lessee, for the term and under the conditions hereinafter set out,
those certain premises in Marathon, County of Monroe, Florida, described as follows:
2805 U. S. Highway #1 of the Professional Building, Marathon, Florida which
shall constitute an aggregate area of 1435 square feet of net rentable space
at the rate of $10.25 per square foot per year.
I. TERM
To Have and To Hold the above-described premises for a term commencing on
the first (1) day of February 1983 to and inclUding the 31st. day of
January 1985
II. RENTALS
The Lessor hereby leases to the Lessee 1435 square feet and the Lessee
hereby leases from the Lessor the above described premises 'for the term set
out in this lease and the Lessee hereby agrees to pay the Lessor the sum
of $1225.72 per month for the rental period described in article
one of this lease. Rent shall be payable on the last day of each month
beginning with the first full month of occupancy. The rental shall be pai~
to the Lessor at P. O. Box 19310, Houston, Texas 77224.
III. HEATING, AIR CONDITIONING AND JANITOR SERVICES
1. '~he Lessor agrees to furnish to the Lessee heating and air conditioning
equipment and maintain same in satisfactory operating condition at all
times for the leased premises during the term of the lease at the expense
of the Lessor.
2. The Lessor agrees to furnish janitorial services and all necessary
janitorial supplies for the leased premises during the term of the lease at
the expense of the Lessor. This does not include hand towels, toilet paper
or handsoap.
IV. LIGHT FIXTURES
The Lessor agrees to install in the demised premises light fixtures for the
use of the Lessee. The Lessor shall be responsible for the repla~ement of
all bulbs, lamps, tubes and starters used in such fixtures for the' purpose
of furnishing light.
V. MAINTENANCE AND REPAIRS
1. The Lessor shall provide for interior maintenance and repairs in accord-
ance with generally accepted good practices, including repainting, the re-
placement of worn or damaged floor covering and repairs or replacement of
interior equipment as may be necessary due to normal usage. The Lessee shall,
during the term of this lease, keep the interior of the demised premises in
as good a state of repair as it is at the time of the commencement of this.
lease, reasonable wear and tear and unavoidable casualties excepted.
2. The Lessor shall maintain and keep in repair the exterior of the demised
premises during'the term of this lease, and shall be responsible for the
replacement of all windows broken or damaged in the demised premises, except
such breakage or damage caused to the exterior of the demised premises by
the Lessee, its officers, agents or employees.
3. The Lessor shall maintain the interior and exterior of the demised prem-
ises so as to conform to all applicable health and safety laws, ordinances
and codes which are presently in effect and which may subsequently be enacted
during the term of this lease and any renewal periods.~
VI. UTILI'l'IES
.. That the Lessor will promptly pay all water, power and
or charges which may become payable 'during the term of
water, electricity used by the Lessee on the premises.
electric light rates
this lease for the
"\
\.
^LTF.~\T lONS
'I II;} t t h ~ I.l' '; , ; I .. , ~ ; ";J 11 " :1 V I' I" (' r ii', II l III 01; d'_ I! ; 111 y ;\ I l (! r.\ l i 0 II :; in; III J 1 u t t II ' .I...;n l ~ ~ J
prr:'=.i:"E':5 r!1..':-irl~ t"r~ tf.:r;:. uf rhl'; 1";1:,1' 'IP(HI I ir';!. h.lvlfll: lllllalllvd till' WI ill,'ll clIll::;.'nl
tne:f:t1 u: trl;,: L(;:.,CJ(. 'Ihl: r.l::~'.ur ~;hall /101 c:\l'riciulI:;ly wilhllldJ till! l'lIJ\:;I~lIl to .I\IY such
alteration:;;.
VIII. INJURY OR DANAGE TO PROPERTY ON PRE...'1ISES
Th3t all property of any'kind that may be on the premises during the continuancy of
this lease shall be at the sole risk of the Lessee and except for any negligence of the
Lessor, the Lessor shall not be liable to the Lessee or any other person for any injury.
1055 or damage to property or to any person on the premises.
IX. FIRE AND OTHER HAZARDS ·
1. In the event that the demised premises, or the major part thereof are destroyed by
fire, lightning, stor~ or other casualty, the Lessor at its option may forthwith repair the
damage to such demised premises at its own cost and expense. The rental thereon shall cease
until the completion of such repairs and the Lessor will immediately refund the pro rata
part of any rentals paid in advance by the Lessee prior to such destruction; should the
premises be only partly destroyed,.so that the major part thereof is usable by the Lessee
then the rental shall abate to the extent that the injured or damaged'part bears to the ~bol{
of such premises ~nd such injury or damage shall be restored by the Lessor as speedily as
is practicable and upon the completion of such repairs, the. full rentall shall commence and
the, lease shall then continue the balance of the term.
2. The lessor shall provide for fire protection during the term of this lease in
accordance with the fire safety standards of the State Fire Marshal. The lessor shall be
xesponsible for maintenance and repair of all fire protection equipment necessary to con-
fo~ to the requirements of the State Fire ~~rshal. The Lessor agrees that the demised
preQises shall be available for inspection by the State Fire Marshal, prior to occupancy
by the Lessee, and at any reasonable time thereafter.
X EXPIRATION OF TER}l
At the expiration of the term, the Lessee will peaceably yield up to the Lessor ihe
demised premises in good and tenantable repair. It is'understood and agreed between the
partip.s that the Lessee shall have the right to r~move from the premises all personal
property of the Lessee and all fixtures, machinery, equipment, appurtenances and appliances,
placed or installed on the premises by it, provided the Lessee restores the premises t.o'
a,s good a s'tate of repair as they were prior to the removal.
XI 5~BLETTING AND ASSIGN1lliNT
Thi:! l(~ssee upon the obtaining of the w:ritten consent of the Lessor,which written'
cons~nt shall not capriciously be withheld, shall have the right to sublet all or any part
of the demised premises, or to assign all or any part of the demised premises.
XII NOT CONSENT TO SUE
._ The provisions terms or conditions of this lease shall not be construed as a consen:
of the State of Florida to be sued because of said lease hold.
XIII WAIVER OF DEFAULTS
The waiver by the Lessor of any breach of this lease by the Lessee shall not be
construed as a waiver of any subsequent breach of any duty or covenant imposed by this leas
XlV RIGHT OF LESSOR TO INSPECT
The Lessor, at all reasonable times. may enter into and upon the demised premises
for the purpose of viewing the same and for the purpose of maY~ng any such repiirs as they
axe required to make under the terUlS of this lease. ' ' ,
"
~. ~ -. ::
. .;,;'t<'.'
BREACH OF COVENfu~T
These presents are upon this condition, that, except as provided in this lease" if
the Less~e shall neglect or fail to perfprm or observe any covenant herein contain~d, whicl
0:1 thE' Lessee's part is to be performed ..n~ such default shall continue for a period of
thirty ~)O) days ;J[ter receipt of written notice thereof from the Lessor to the Lessee,
the!l the Lessor lawfully may, immediately, or at any time thereafter, and without further
n~tl.:(>or -emand, cnter tnto and upon the demised premises. or any part thereof, and x:epos
th~ sarn~ as of their former estate and expel the Lessee and remove its effects forcef~lly,
if n~Lessary. withuut heing taken or deemed to be g11i1ty of any manner of trespass and
thereupon this demise shall term In,1tc but wi thout prejudice to any remedy which might othp
vise be use'd by the Lessor for arrears of rent or for <lny breach of the Les:;ee' s covenant.5
herein contained.
'XV
4.
~
'.
e.
/'
,- ,
. .'. 1
"\'_ .....\}..:~'". ".f :.:.:. l Or :.SS ~G~t~.ii:.:.l
['ll,"!l the L~5-;(:e upon the request of thl' Les';or 5:1.111 (,xC!t:ut,~ slIci, :lckno'..r1cJti'-lent
or acknow1GJg~ents, or any assign~ent, or assign~ents, of rent~ls anu profits r.~d~ by
the Lp';:wr to ,'IlY third person, fire or corr~ration, provided that the Lessor will r)ll:
make 'such request unless required to do so by th~ l-Iortg~lge under a mortgage or Clort6ages.
executed b~ the Lessor.
"
)..'1III TAXES, I~JSURJ\jlCE A:W Cm!:-IISSIONS
1. Les~or shall P;i} all real estate ta:<es and fire in~lJr.1nce premi\Jl;)~ on to",
demised premises, Lessor sh:lll not be liable to carry fire insurance on the persoll or
~roperty of the Lesse~ or any other person or property which may now or hcrea[ter be placed
in the ~ernised pr~~ises.
2. Lessor agrees covenants certifies and warrants to Lessee that no portioh of the
rent payahle pursuant to Article II of this Lease Agreecent includes, represents, i~ based
on or is attributable to ':lOy coouni~sion or fee whi"ch is paid or is payable by Lessor a:i
the result of the I.essor's having I.1tilizeu or contracted for the services oE any real
e3tate broker, salesman, agent or firm in any aspect of the Lessor's dealing5 or any
dealings involving the leasing of the demised premises to 4essee.
XVIII AVAiw\BILITY,OFFUNDS
The obligations'of the Lessee under this lease agreement are subject to the ~vail-
ability of funds lawfully appropriated annually for its purposes by the Legislature of the
State of Florida and/or the availability of funds through contract or grant progracs.;: "
XIX USE Of PRCIISES
TheLesse~ will not make or suffer any unlawful, improper or offensive. use of the
pre:nises or any use of occupancy thereof contrary to the La\.Is of the State of Florica or
to scc~ Ordin~n~es of the City and/or County in which the demised premises are located,
no~ or hereinafter made, as may be applicable to the Lesse~.
xx RENEW~.L
1he L~ssee is hereby granted the option to renew this lease for an additional
--1.__ years l.pon the ~ame, terms and conditions.. If the Lessee desires to renew this lease
under th~ provisions of this Article, it shall give the Lessor written n~ti~e th~reof not
mon> r:.h<ln six month~ nor less than tjlree months prior to the expiration of the term providerl
in ^ r t.~ c 1 c ( t. f t h i ~ 1 c OJ ~; e .
XXI I{[G!lT TO TEj{fIINATE
C The LESSeE: shall have th~ right to terminate, without penalty, this lease in the
ev~~~t~7State-own~J building becomes available to the Lessee for occupancy during the term
of ~aid lease for the purposes for which this space is being leased in the County of ~lonroe
Florida upon giving t\-/O (2) months advance written notice to the Lessor by Certified Nail,
Retu~n Receipt R~quested.
XXII r;OTlCES
^ll notices required to be served UDon the Lessor shall be served by regist~red
u:a il, return receipt requested at P..O. Box 19310 Houston, Tx. 77224 ' and- all not ices
requlred' to be served upon the Le:3see shall be: ~-erved by registered or certified mail,
return receipt requested, at the address of the Lessee at ~805 U.S. 01, Marathon, Florida
.33050.
:. ~
~:,.'
..X.:~lll
DEFINITION OF TERMS
(a) The terms "le:\se" "Lease agre~ment" or "agreeoent" shnll he inclu~iv~ of each
other and sh,,!l .1150 include any re:w\J:lls, extensions or f:lOdificati'H1!; uf this ll';l~,e.
(h) TI:l' t t'nn:; "I.ns.;nr" anJ "I.ess~.e" !:hnll includ~ the successors and ~s:.;ibns Cor'
the rartil's III retu.
~c) The singutnr sh:d I iIlCIIIJ.. the plurn1 and the plural shall include the singular
""hen~v...r the context so [1~'I'1irc!j or I'~rr.lit:..
XXlV
^l/lll rlO~.\1. TElU.I:l
Clwd: OOl':
..
_ _. X __
^"Y ~ilJ :11 1 :Hldit ion;lI covenants or conditions nppe;lr on the
<1tta<.:lI,.r\. Ssa Below.
~o additional covenants or conditions form a part of this lease.
* This lease is for a term of occupancy of t.....0 years
begining 2/1/83 and ending 1/31/85. HQwever, the amount
of monthly rent is ra-negotiable at ths ~nd of two
year:; 1/31/85 ~f t:i,(: or' i,...:! Ie) ....-.'",..: i::: ":':~r::i~,:,J.
..
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for
the purpose herein expressed, the day and year above written.
ORIGINAL SIGNATURE REQUESTED ON ALL COPIES
If Lessor is an individual:
Signed, Sealed and Delivered
in the presence of
~L' -t ~
'lJ '
I, . /', 'l,' \
'-CJ 1AJ... 't' w. ,,--.J L. ~(~
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
~!~1-,,-a-_<~,/ ;~
~t ~.r
'"
i
\. n .~. ~ 11]'8 t~,ff V~~ HTf. CLERK.
Attest: j~'ilL.[ r. n. tli lid ~:i., i
2,'(rMP~IO'C
(SEAL)
,,'//
APPROVED AS TO FORM AND
LEGALITY: GENERAL COUNSEL
MONROE COUNTY
By
COUNTY ATTORNEY
-J=~ a J. ,q~i-
APPROVAL ATE
....
!
l..-
"I, RAY L. BROWN, of Sombrero Boulevard,
Monroe County, Florida, owner
Building located at 2800 Overseas Highw
appoint with full power DONALD PICARD t
bargain, lease, rent, and to do all other acts necessary
an,) convenient to rent the office spaces in the Profession-
al building, as my agent
~;
\
I HEREBY CERTIFY that on this day personally appeared
before me, an
officer duly authorized to administer oaths
a-'I.d take acknowledgements,
RAY L. BROWN, to me well-known
to be the ~erson
described in and who executed the foregoing
and acknowledged before me that he executed the same
voluntarily and for the purpose therein expressed.
freely and
f
Witness my hand and official seal at Monroe County,
this ____CS~rlay Of_~__, 1982.,
~~/':'
. Nota~ -;u~
State of Florida
Floridt,
c..'
Hy comm1SS1on expires:
'-~i:.Y PU~lIC SlATe Of fLC:[',.,:'J
r ':;' CO.&.~'SSlOH WIllES J.'.\'r 7 :?:: 3
~\ ~~!) nlr.U C:.N!tAl INS. u."C~,~W.11r.:. ~