09/19/1986
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THIS AGREEMENT, entered into this ,Q1;h
1ficas~
day of
September
, 198 6
between
Board of County Commissioners of Monroe County, Florida
, hereinafter called the lessor,
party of the first part, and Mark Armantrout, DBA, TNT .HOTS
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~~ or Space
the "SNACK Ba r", wi th i ts storage roo'm, and outdoor space adj acen t to
the "Snack Bar", in the Public Service Building.
No.
situate in Key West
Food Service Facility
Florida, to be used and occupied by the lessee as
and for no other purposes or uses whatsoever, for
, subject and conditioned on the provisions of
." day of 0 c to b e r
day of September
, 19 91
the term of Five (5) years
clause ten of this lease beginning the First
19 86 ,and ending the Thirty-first
at and for the agreed total rental of
Dollars, payable as follows: One Hrmdred (100) per month for the first ninety(90) days,
One Hrmdred-Seventy-five ($175) Dollars per month for the next ninety (90) days,
and Two Hundred Fifty ($250) Dollars per month fOT the remainder of the first
year of this contract.
At each end of the each full year of the contract term, the rental shall be
increased by an amount equal to the increase of the Consumer Price Index over
the previous year.
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 the County. Administrator, Ptlblic Service Bldg. in the City of
Key West, Florida 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'Temain 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: That the tenanL-- 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 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 n1ade 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-
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sons therefrom forcibly or otherwise, and the lessee thereby expressly waives any and all notice required by law
to terminate tenancy, and also waives any and all legal proceedings to recover possession of said premises, an~ ex-
pressly agrees that in the event of a violation of any of the terms of this lease, or of said rules and regulatIons,
now in existence, or which may hereafter be made, said lessor, his agent or attorneys, may immediately 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 ag~h~ of the lessee, by force or otherwise, 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 therefor, applying the
same to the payment of the rent due by these presents, and if the full rental herein provided shall not be realized
by lessor over and above the expenses to lessor in such re-letting, 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.
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SEVENTH: Lessee agrees to pay the cost of collection and ten per cent attorney's fee on any part of said
rental that may be collected by suit or by attorney, after the same is past due.
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II EIGHTH: ThgleSSOllgrees that he will provide
I ..".,"-~d all water u~ed on said .premises, Lessor further
~~wer and garbage disposal at no cost to the
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electricity or l)fh~... illumination,
agrees that he will provide .
Lessee.
NINTH: The said lessee hereby pledges and assigns to the lessor all the furniture, fixtures, goods and
chattels of said lessee, which shall or may be brought or put on said premises as security for the payment of the
rent herein reserved, and the lessee agrees that the said lien may be enforced by distress foreclosure or otherwise
at the election of the said lessor, and does hereby agree to pay attorney's fees of ten percent of the amount so
collected or found to be due, together with all costs and charges therefore incurred or paid by the lessor.
TENTH: It is hereby agreed and understood between lessor and lessee that in the event the lessor decides
to remodel, alter or demolish all or any ~rt of the premises leased hereunder, or in the event of the sale or long
term lease of all or any part of the--=p-IOperty ; requiring t11is space, the lessee hereby agrees to vacate
same upon receipt of sixty (60) days' written notice and the return of any advance rental paid on account of this
lease.
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 exhibit said premises, and to put or keep upon
the doors or windows thereof a notice "FOR RENT" at any time within 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 otner 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 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, 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.
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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: Lessor shall construct a concrete pad area TImmediately
surrounding the Snack Bar building that shall be known as the patio.
Twenty-Third: It is understood and agreed that the Lessor shall be respon-
sible for the maintenance and repair of all structural and utility portions of the
building and patio. Decorat!on and general upkeep shall be the Lessee's respon-
sibility.
'TWenty-Fourth: Lessee shall maintain hours of food service from 7:30 A.M.
~&ifie~:28nHl~loRR 8tlp~~f ~a~k~s~usiness offices are open barring extraordinary
Twenty-Fifth: Lessee shall provide soda, snack and cigarette machines in the
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tJ11rty (3()~ lnc]1es, opposite1:11e SnacK J3ar entrance for use after regu]_ar
l)l..1S ine ss hours.
. Twenty-.Sixt]1: Lessee sha11 secure at its own eXJ)ense from an approved
lJ1SUrance COmpaJ1Y, general anel public liability with coverage of Lessor and Lessee
against clclims :for personal iIljUry or death resulting therefrom, on aCCOlll1t of
accident to thi~rd parties or t]1e public, whicll might arise o~t of, or in connection
with any act(s) of the Lessee's agents, invitees or employees. The amount of such
iJnsurance shall be not less that $100,000 person and $300,'000 per event. A ..
copy of the insurance certificate showing this level insurance, the COlmty as
co-insured, and providing that the COlll1ty shall receive notice of cancellation
within 10 dyas shall be presented upon execution of this contract to tIle COlll1ty
Insurance Clerk, at the Public Service Building, Stock Island, Key West, Florida.
Twenty-Seventh: This lease shall be renewed for an additional five year;tenn
ulless Lessor gives written potice to ~essee of Lessor's jnte~t to ternlinate
t]1e lease ninety days prlor to thlS lease' 5 termlnatlon date.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrurnent for the
purpose herein expressed, the day and year above written.
Signed, sealed and delivered in the presence of: MonEoe County
~'~16 ~ 1...--
RY:"-- ~ .~
Mayor/Chainnan
( Seal
As to Lessor
//- .- ;/ /j (' I ,/
\~;~;tt/1 JZ/l (.~;t/t-';{~J-/ti/t.
i//~ f ,,~
As to Lessee
~. Clerk
~ ~(Seal
( Seal
Lessee
A P,P r~':.'1
Af,,;.i[;
,'., "if
County of
STATE OF FLORIDA,
Monroe
BY .Ju4h'~'Z(L;12U!.:r'-
).~ tf "~,'
Before me, a Notary Public in and for said State and County, personally came
Mark Armantrout
to me
well known and known to be the person_ named in the foregoing lease, ann
he
he
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
18th
day of
September
86
, 19-.
My commission expire~'
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fe', ~"j Tu" re., '"'n: '"'"U< '" 'n'-. ,.,~ -/-<-~-1.- s' ( ^ '.....(. y. - ,_ /~J .....-x...
H'" Notary P~lic, State of Florida at Large.
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11/1~f /Ilslrllfllenl prepared hy: SUSAN VERNON,
Ali 310 Fleming Street, Key West, FL 33040
(f( ress