03/21/1989
LEASE AGREEMENT
TIllS LEASE AGREEMENT entered into this Jht. day of March, 1989, at
Marathon, Monroe County, Florida, by and between BLUE SEA CORPORATION OF
FLORIDA, INC., a Florida Corporation, hereinafter referred to as the Lessor, and
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
hereinafter referred to as the Lessee.
1. Description of Premises:
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, subject
to the terms and conditions set forth herein commercial space situated at UNIT 5,
"THE EXCHANGE BUILDING" 11399 Overseas Highway, Marathon, Monroe
County, Florida.
Lessee hereby acknowledges having inspected the above described premises and
agrees to accept said premises in their present condition.
2. Term:
The initial term of this Agreement shall be for a period of six (6) and one-half
(1/2) months, commencing on the 15th day of March, 1989, and ending on the 30th
day of September, 1989. Lessee may take possession immediately upon execution of
this Lease.
3. Rent:
The total rental amount to be paid under the term of this Agreement shall be
$3,750.00. There shall be no sales tax payable thereon. The rent shall be paid in five
(5) equal monthly installments of $600.00 payable on the 15th day of each and every
month beginning on the 15th day of March, 1989. The final monthly installment
under the initial term of this lease shall be in the amount of $750 and shall be due
and payable on August 15, 1989. Payments due under this lease shall be made at a
place and in such manner as Lessor deems convenient. The Lessee shall have the
option to renew this Lease for an additional one (1) year term at the monthly rental
of $600, plus an adjustment based upon the cost-of-living index published by the
Bureau of Labor Statistics of the United States Department of Labor, using the period
1987-1988 = 100 as the base period. Lessee must exercise this option by notifying
Lessor not less than thirty (30) days prior to the end of the initial term of this lease.
,~;1 ~._'_.'..besse&witlLthtL~~~~on?~.~s !ea~ _shall pay th~ first and Jast I".elltal ,--
~;L- lJlstallmcnt 1:1:I1deI the imhal term of tins lease\te:-$1,359'(}(}). ____
C^' ~ j)~
5. Use of Premises:
Lessee shall be permitted to use the leased premises as commercial space for
conducting Sheriff's Department business.
6. Signs:
Lessor reserves the right to place "For Sale" signs on the premises at any time
during the Lease, or "For Lease" or "For Rent" signs on the premises at any time
within thirty (30) days of expiration of the Lease, if Lessee has not exercised his
option to renew. Lessee will not construct or place, or permit to be constructed or
placed, signs, awnings, or other structures projecting from the exterior of the
premises without Lessor's written consent thereto. Lessee further agrees to remove
signs, advertisements, or decorations he has placed, or permitted to be placed on the
premises, which, in Lessor's opinion, are offensive or otherwise objectionable. If
Lessee fails to remove such signs, displays, advertisements, or decorations within
five (5) days after receiving written notice from Lessor to remove same, Lessor
reserves the right to enter the premises and remove them.
7. No Waste, Nuisance or Unlawful Use:
Lessee shall not commit, or allow to be committed, any waste on the premises,
create or allow any nuisance to exist on the premises, or use or allow to be used for
any unlawful purpose. It is further understood and agreed that nothing is to be
stored by Lessee on the outside of the premises. All trash or rubbish shall be placed
by Lessee in the "dumpster" provided by Lessor. Lessee shall promptly comply with
all statutes, ordinances, rules, orders, regulations and requirements of Federal,
State and County Government and or 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 term.
8. Payment of Utilities:
Lessee agrees that it will pay all charges for telephone, gas, electricity, water
or other utilities used upon the leased premises, except garbage service which shall
be paid by the Lessor.
9. Repairs and Maintenance:
The exterior structure and roof of the leased premises shall be maintained by
Lessor; Lessee shall maintain the interior of the building in its present state of
repair and shall not make any alterations thereto without the prior consent of
Lessor.
10. Acceptance and Surrender of Premises:
Lessee agrees to accept the premises on possession as being in a good state of
repair and in sanitary condition. It shall surrender the premises to Lessor at the
end of the lease term, if the Lease is not renewed, in the same condition as when it
took possession less ordinary wear and tear. Lessee shall remove all business signs
or symbols placed on the premises by it before re-delivery of the premises to Lessor,
and to restore the portion of the premises on which they were placed in the same
condition as before their placement; or, with the option of Lessor, leave the premises
in its present condition.
11. Assignment; Subletting:
Lessee shall not assign, mortgage, pledge, or encumber this Lease or sublet
the premises in whole or in part, or permit the premises to be used or occupied by
others intentionally or by operation of law, without the prior consent in writing of
Lessor in each instance, which consent shall not be unreasonably withheld. If this
Lease is assigned, or if all or any part of the premises are sublet or occupied by
anybody other than Lessee, Lessor may, after default by Lessee, collect rent from the
assignee, subtenant or occupant, and apply the net amount collected to the rent due.
Such collection shall not be deemed a waiver of this provision absent Lessor's
express consent in writing. Lessee shall continue to be liable in accordance with the
terms and conditions of this Lease and shall not be released from the performance of
such terms and conditions absent Lessor's written consent to such release. The
consent by Lessor to a particular assignment, mortgage, subletting, pledge, or
encumbrance shall not be construed to relieve Lessee from obtaining the express
written consent of Lessor to any other such transaction.
12. Breach of Lease:
If Lessee breaches this Lease in a material respect, the Lessor shall have the
option to terminate this contract and all of the rights of the Lessee hereunder as
provided by law.
13. Attorney's Fees:
Lessee agrees to indemnify Lessor and its managing agent against all
liabilities, costs and expenses (including, without limitation, reasonable attorneys'
fees through and including appellate actions and proceedings, if any) arising from
any acts, omissions, neglect or fault of Lessee or any of its agents, servants,
employees, contractors, including but not limited to any breach of this Lease and
any death, personal injury or property' damage occurring in or about the premises
under the control of the Lessee.
14. Waiver:
The waiver or breach of one covenant or condition of this Lease by either party
is not a waiver or breach of others, or of subsequent breach of the one waived. The
rights of the parties under this Lease shall be cumulative, and failure on the part of
either party to exercise promptly any rights given hereunder shall not operate to
forfeit any of the said rights.
15. Subordination:
Lessee agrees that this Lease shall be subordinate and inferior to all present
mortgages, if any, and all future mortgages and/or re-financing of the property, and
the Lessee hereby subordinates this Lease to present and future mortgages and/or
re-financing without any further act for the purpose set forth in this paragraph.
This Lease will not be recorded by either party.
16. Personal Property:
All personal property placed or moved into the building shall be at the risk of
the Lessee or other owner and Lessor shall not be liable for any damage to personal
property, or to Lessee, arising from the bursting or leaking of water pipes or
otherwise from any act of negligence of any co-tenant or occupant of the building or
of any other person.
17. Alterations, Additions and Improvements:
Lessee will make no alterations, additions or improvements in or to the
premises without consent of Lessor, which consent Lessor may grant or withhold in
its sole discretion. All alterations, fixtures, or improvements, excepting only office
furniture and fixtures which shall be readily removable without injury to the
premises, shall be and remain a part of the premises at the end of the term, unless
Lessor, by written notice given to Lessee at least ten (10) weekdays before the end of
the term, elects to have all or any of the same removed, in which case Lessee shall
remove same at its expense. In all events, Lessee shall promptly restore all damage
caused in connection with any removal provided for by this paragraph.
18. Liens:
If any mechanics' lien or other lien shall be filed against the building or the
premises, or any alterations, fixtures or improvements therein or thereto, as a
result of any work done by or for Lessee or any of its subtenants, Lessee shall
discharge same of record within ten (10) days after the filing of the lien. Nothing in
this Lease shall grant or confer unto the Lessee the right to lien, mortgage or
encumber in any way the real property of the Lessor or any improvements thereon
nor subject said property to any encumbrance; the Lessee has no right whatsoever to
lien, mortgage or encumber the real property of the Lessor, or the improvements
thereon; the Lessee alone shall be liable and responsible for labor or materials
furnished to the premises by order of the Lessee or its agents or subcontractors and
Mechanics' liens are expressly prohibited under this Lease.
The Lessee shall have no power to do any act or make any contract which may
create or be the foundation of any lien, mortgage or other encumbrance upon the
estate of the Lessor or any interest of the Lessor in the premises or upon or in any
building or buildings or improvements hereafter erected or placed thereon. It is
agreed that should the Lessee cause any improvements, alterations or repairs to be
made to the premises or material furnished or labor performed therein or thereon,
neither the Lessor nor the premises nor any improvements shall in any
consideration be liable for the payment of any expenses incurred or the value of any
work done or material furnished to the premises or any part thereof, and all such
improvements, alterations, repairs, materials and labor shall be done at the
Lessee's expense and the Lessee shall be solely and wholly responsible to
contractors, laborers and materialmen furnishing labor and material to the
premises and building or buildings and improvements or any part thereof.
19. Lessor's Interest:
If Lessor's interest in the building shall terminate by operation of law, bona
fide sale, or execution of foreclosure sale, Lessor shall thereupon be released from
all further liability to Lessee under this Lease and Lessor's successor shall
thereupon become liable to Lessee for all further obligations of Lessor under this
Lease. If Lessor shall file with the State of Florida documents respecting a proposed
conversion of the building to condominium ownership, Lessor may cancel this
Lease and thereupon both parties will be relieved of all further liability hereunder;
provided, however, that no such cancellation can take place unless Lessor has given
Lessee not less than Sixty (60) days prior written notice thereof.
20. Acknowledgment:
This Lease shall become effective only upon execution and delivery by both
Lessor and Lessee. The parties acknowledge that they have not relied upon any
statement, representation, prior or contemporaneous written or oral promises,
agreements or warranties, except such as are expressed herein.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement in
the presence of the following individuals on the date hereinabove stated.
Blue Sea Corporation of Florida,
a Florida Co~>>oration, LESSOR
"" //_4" . /
By:__~Le---
President
Board of County Commissioners
of Monroe County, Florida, LESSEE
B · /III~J;PJ
y.--------------------------
Mayor/Chairman
(Seal)
Attest: Danny L. Kolhage, Clerk
~t; t~1JfJ~
Cler
APMoVEDAS ro'OllM
AND LEG.~i~ ~i)llrr:/~/ENcy'
8Y~?}'~.
Altornev's }tfk:r
, , ~. L.", .
\ :
I t' 1
~
/. : ~. ."- L. i .J. .
"'\ ~ ~ .: C,.; 1 -, J 259