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04/01/1975 LEASE THIS AGREEMENT, entered into this 1st day of APRIL, 1975, between FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF THE FLORIDA KEYS, a corporation existing under the laws of the United states of America, 510 Southard Street, Key West, Florida (33040), hereinafter called the Lessor, party of the first part, and THE MONROE COUNTY PUBLIC LIBRARY, of the County of Monroe, 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, the North- easterly section of the second floor consisting of approximately 2, 032 square feet, of the First Federal Building located in Port Largo Plaza, situate in Key Largo, Monroe County, Florida, to be used and occupied by the Lessee as a PUBLIC LIBRARY, and for no other purpose or use whatsoever, for the term of six (6) months beginning A rill 1975, and endi the 3oth-da of-S mber 1 at and for the agreed total renta 0 FOUR THOUSAND<~Y!Vr>l , -'DOLLARS ($4,500.00) payable SEVEN HUNDRED FIFTY OOLLARS ($750.00)monthly on the 1st day of each aDd every calendar month during the term of this lease, all payments to be made to the Lessor without demand': By mutu. eons e Lessor and Lessee the term of this lease ma be ext bas. rom year to ear such e ressionof co a su.ch will suffice as sufficient evidence of the extensi ; however, it s u era 00 a agree 0 y a parties to this lease that such extention may be cancelled upon sixty (60) days notice, in writing, from either Lessor or Lessee. The following express stipulations andq'eonditions are made a part of this lease and are hereby assented to by the Lessee: 1. The Lessor's agreement to lease to the particular Lessee named herein, and the use of the premises above defined are material consideration for the execution hereof. Consequently, the Lessee shall not assign this lease, nor sub-let the same, 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 puI\)ese than as above stipulated, nor make any alterations therein or additions thereto, without the written consent of the Lessor, It beiDfJ expressly underStood and agreed that Lessor shall furnish all utilities (except garbage) including air conditioning and elevator service and will use due diligence in maintaiBing the same in good working~ condition. The Lessor will, however, not unreasonably refuse to consent to an assignment of this lease. 2. 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 burst- ing o~ leaking of water pipes, or from any act of negligence of any co-tenant or occupants of the bullding or of..any other person whomsoever. 3 . That the tenant shall promptly execute and comply with all statutes, rules, ordinance, orders, regulations and requirements of the Federal, State or County Government and of any and all their departments 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 terms; and shall also promptly comply with and execute all rules, orders, and regulations of the Southeastern Underwriters Association for the prevention of fires, at their own cost and expense, but the tenant shall not be required to make or pay for any structural changes in the building itself. 4. In the event the premises shall be destroyed or so damaged or in- jured 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 (90) days therefrom. If said premises are not rendered tenantable within the 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. 5. The prompt payment of the rent for the said premises as stated, and the faithful observance of the rules and regulations printed upon this lease or separately furnished to the Lessee by the Lessor, and which are hereby made a part of this covenant, and of such other and further rules or regulations as may be hereinafter made by the Lessor and agreed to by the Lessee, 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 hereinafter prescribed by the Lessor and agreed to by the Lessee ,shall at the option of the Lessor work a forefeiture of this contract, and all of the rights of the Lessee hereunder, and thereupon the Lessor, his age.nts or attorneys, shall have the right to enter said premises and remove all persons therefrom forcibly or otherwise, and the Lessee thereby expretsly 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, and expressly agrees that in the event of violation of any of the terms of this lease, or of said rules and regulations, now in existence, or which may hereafter be made and ag.reed to by the Lessee, said Lessor, his agent or attorneys, may immediately re-enter the said premises and dispo~sess Lessee. 6. 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 thereof, and re-Iet the premises, 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 the 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 . 7. The Lessor, or any of its agents, shall have the right to enter said premises during all reasonable hours, to examine the same, to make such repairs, additions or alterations as may be deemed necessary for the saf~ty, comfort or preservation thereof, or of said building, or to exhibit said prenilses, and to put or keep up<?n 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, alterations, or additions, which do not conform to this agreement or to the rules and regulations of the building. -2- 8. Lessee hereby accepts the premises in the condition that 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, ex- cepting 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 electric lights or any fixtures, appliances or appurtenances of said premises, or to the building, caused by any act or neglect of Lessee, or of any persons or employees under the control of the Lessee. Lessee agrees to keep said premises in a neat, attractive condition at all times. 9. It is expressly agreed and understood by and between the parties of 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 pers~ns or for any other such damage or injury resulting from the carelessness,. negligence, or imprope'r 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 ether leakage, or rising or wind-blown water in or about the said building. 10. 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. 11. It is understood and agreed between the parties,thereto that the written notice mailed or delivered 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. 12. The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to execute promptly any rights given hereunder shall not operate to forfeit any of the said rights. 13. 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 before installation of the same. 14. The Lessor has provided a common parking area adjacent to the demised premises for use of customers and visitors of the Lessee and other tenants of other stores or properties of the Lessor. Unless otherwise expressly provided herein, no vested interest is granted to the Lessee or its customers or visitors in said parking area or to any specific portion thereof. The Lessee agrees to abide by such reasonable rules and regulations as the Lessor has made or may hereafter make governing the use of such parking area. 15. That the Lessee hereby agrees to i~em.nify and save harmless the Lessor against any and all detlts, claims, demands, suits or obligations which may be asserted, claimed or filed or brought against the Lessor, arising out of or in connection with the Lessee's operation of the demised premises including the parking area. IN wITNESS WHEREOF, the parties hereto have he;reunto executed this instrllment for the purpose herein expressed, the day and year above written. ATTEST: tL.. .. "h, Secretary. (LESSOR) FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF THE FLO. .R.JDA ~~YS /~ ~ J- Robert A. Dion, President. -3- LESSEE OR TENANT MONROE COUNTY PUBLIC G~~ /tI'-"yt-/ (Wit s) ." , ~ ~ r Q.'.,L (Witness) - ~. (T itle) '" e.:: e b A I Ill" Pc JJ fV\oN~()e eoulJTy PuBl~C l\f3RPrRV FOR T,HE LESSOR: STATE OF FLORIDA, ) ) SSe COlTNTY OF MONROE, . ) I, an officer authorized to take acknowledgments of instruments according to the laws of tp.e State of Florida, duly qualified and acting, HEREBY CERTIFY that ROBERT A. DION an4~poROTHY A. BUSH, respectively ,as President and Secretary of FIRST FEDEIfA(~ SA VINCE AND LOAN ASSOCIATION OF THE FLORIDA KEYS, to me personally known, this day acknowle9ged before me that they executed the foregoing lease as such officers of said corPFtion, and that they affixed thereto the official seal of said corporation. j )'t IN WITNESS WHEREOF, I hereunto sri my ha and official seal at Key West, Monroe County, in the State of Florida, thi~st day April, A.D. 1975. ')" ......'. "- . ~~'-..~,..C-~ ~.~~~ Notary Public, State of Florida. My commission expires: NOTARY PUBLIC STATE OF FlOIIDA AT tARO! FOR THE LESSEE: tA, COMM,ssrON !X"IES MA" 2', 197r- IONDED THRU GENERAL INSURANCE 'JNn~R\YlITE.S STATE OF FLORIDA, SSe COUNTY OF MONROE, Before me personally appeared 0((\1 \ ~ k. \J~ '" \> to me well known and known to me to be the person deseribed as authorized, by (his) (her) signature thereupon, to execute the foregoing Lease, has acknowledged that (he) (she) executed the same for the purpose therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal this 1st day of April, A. D. 1975. ~ ~b- Notary ~, State of Florlda . - My commission expires: '~QtA.1 puauc STAT~ OF FtOPfOA AY ;..!I tlO~ .,.l~ Ca~'~M'I~~iO' ~~ Evttc~""'''' r"""pT 21 . ^"'-~- ,~l .U~..l~ ".;;..~l ~ ~ JU' ."..~.'...:) .;.~: "., .t.;;,!.~ ISONOEO THRU GfN::':RAlINSuRANCc IjNL....f~ "";:.iH.h.~ ...4..