Loading...
01/09/1991 Lease I! H .// THIS AGREEMENT, entered intp this l6lusin~ss 1fI~nst - "t J, day of Jt.l .. 1oL*-~ j t ~ 1'~, t:" 1 L. \ . - ..-. ,.- r- 0, i- 0 I =_~. J ~ i \()" l~ r ; 91 u\ir'i~ PI'l -2 58 Lt, : ,,~, G; " 19 '" r - \,):. , 11'~ f LA · \....1 v I' between Richard Reithmayr & Michael C. Coppola, Jr. ~, " , hereinafter called the lessor, party of the first part, and MONROE COUNTY BOARD OF' COUNTY COMMISSIONERS of the County of }10NROE 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 Room B or Space B in BUILDING KNOvvN AS THE " ALAMO " on the corner of Johnson Road & N:tJ:. HWY US - 1 situate in SUGARLOAF KEY a business office 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 November 26th day of $ 7,800. November, 11991. ,Bit the term of ONE YEAR clause ten of this lease beginning the 19 90 , and ending the 25th at and for the agreed total rental of Dollars, payable as follows: $ 6 5 0 &S€l €~9 first months rent la29-B m8R\k8 l!'El't, fSJee:Hri'k] iJ.~eBit 1,~S8 1!6ThL TENANT to pay his own electric, water and trash removal and ~ain- tain a fire extinguisher If 7% sales tax is required by the State of Florida, tenant vJil1 pay same. -1i( ~0 all payments to be made to the lessor on the first day of each and every mont~~ithout demand at the office of Sugarloaf Land Co. PO BOX 393 in the City of Sugarloaf Shores, 33044 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 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: That 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 shalI be destroyed or so damaged or injured by fire or other casualty during the life of this agreement, whereby the same shalI 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 shaH 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 nanled, 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 tenns 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, shaH have the right to enter said premises, and remove all per- , 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 premis~s, and cx- pre~sly 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 agent of the lessee, by force or otherwise, \\'ithout being liable in any way therefor, and relet the prenlises 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 }'ull rental herein provided shall not be realized by lessor over and above the expenses to lessor in such re-letting, tlie said lessee shall pay any deficiency, and if lllore than the full rental is realized lessor will pay over to said le~:'ee the excess of demand. 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 samt~ is past due. EIGHTH: The lessee agrees that he will pay all charges for rent, gas, electricity or other illumination, and for all water used on said premises, and should said charges f or rent, light or water herein provided lor at any time remain due and unpaid for the space of five days after the same shall have become due, the lessor may at its option consider the said lessee tenant at sufferance and immediately re-enter upon said premises and the entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collect- ed by distress or otherwise. 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 ~nay be enforced by distress foreclosure or otherwise at the election of the said lessor, and does hereby agree to J:ay attorney's fees of ten percent of the amount so collected or found to be due, together with all costs and chl4rges 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 part of the premi~es leased hereunder, or in the event of the sale or long term lea~e of all or any part of the ; requiring this space, the lessee hereby agrees to vacate same upon receipt of sixty (60) days' written notice and ~he 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 durin~ 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, 01' 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 froln 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 fidu~iary 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. 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 furth.er 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. . II ,. SPACE " B " IN THE " ALAMO " ~. ~'L, "2-.....1];' :,'" --, I. '. ...., ~ ~ ~ . ~ "--" -- .-...~... __~:,._ '_'... r. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. Si ed, sealed and de ered in the presence of: ( S~al { Seal Cler k .---- . ~ ~\ ~.~~'.,\:H_ r.~~ .~..... ~ - \( Seal Wilhelmina G. Harvey Mayor/Chairman (Seal Lessee Date: January 9, 1991 CLERK "'-,STATE OF FLORIDA, ~ County of I Public in and for said State and County, personally camA ""....... '-... ., well known and known to be th~';~ named in the foregoing..1ease, and acknowledged that exe~'tect~e same for the purpose therein expressed. to me '.... IN WITNESS WHEREOF, I have hereunto se~ my hand ,and affixed my official seal the day of , 19__ My commission exPire~ Notary Public, State of Florida at Large. /' y'l.1tis Ins/rument prep.,!!~c{.jJy-: "A ddr~;J"'" ..-......- -.-.---" ....- ~.' .............. ..... .....7.7"7 Y ~.'........'.f);'. J k, ( ( ( S\\'O~ STATEl\IENT UNDER SECTIOr\ 287.133(3)(a). FLOI{IDA STATUTES. ON PUBLIC EN1'1TI' CRIMES . . THIS F~IUf MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. ... 1. \ This sworn statement is submitted with Bid, Proposal or ~ntract No. . for jl e.q 'f c( . (/,/ {hi I l' ;( I I(h~: (-) I~.., _. c. h' It/> ! I This swo~ stateme~t is submitted by ?--:J( (I (\~" 1 /, 11, (1I L ,'~' /'1. :k,.~ ( (' I>' .~, /, I [name of eDdty submitting swom statement] whose business address is _\) ( /)1-/, '1 '7 J < \' (, <1;\ { (. .\ r (~, I 2. --; fff.' r r~'(~ 3. r-'L 7,7 ..> (I 'I (I and ( (if applicable) its Federal Employer Identification Number (FEIN) is /: .:; 'f - 2. L ~ Yi-VJ. (It the entity has no FEIN, include the Social Security Number of the individual signing this .swom : /l? .) statement: '\_ l i -:; / I '"). -/- h/ '. . , ._ My name is ;' I i I / ,/ . ~~ {-- '/,./ }. f !1 '/ ~ , ! [please print name of lncUYidual signing] (~L.L JI .~:--. i."./ and my relationship to the entity named above is 4. I understand that a .public entity crime. as defined in Paragraph 287.133(1)(g), Floddq Sbl*utes. 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 with 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 agency or political subdivision of any other Slate or of the United States and inVOlving antitrust, fraud, theft, bribery, collusion, racketeering. conspiraq, or material misrepresentation. S. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b).l'.:lorida Statutes, means a finding of guilt or a conviction of a public entity crime, with or Without an adjudication of guilt, in any federal or state trial coun of record relating to charges brought by indictment or information after July 1. 1989, as a result of a jury verdict, nonjury trial, or enny of a plea of guilty or nolo contendere. 6. I understand that an .aCfiUate" as defined in Paragraph 287. 133(1) (a), FlQr;da Statytes. means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2 An entity under the COntrol of any natural person who is active in the management of the . entity and who iw been convicted of a pubUc entity crime. The term "affiUate" includes those officers, directors. executives. partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. ,. t understand that a "person" as defined in Paragraph 287.133(1)(e). Florida Statutes. means any natural person or entity organized under the laws of any Slate 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, partners, shareholders. employees, members, and agents who are active in management of an entity. ). Based on information and belie!, the statement which I have marked below is true in relation to the entity submitting this sworn Statement. [Please indicate which statement applies.] . - . \,1/ ~ejther the entity submitting this sworn statement, nor any officers, directors, executives, . ' pittners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity hav~ bec.:n 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 the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of tbe entity has been charged with and convicted of a public entity crime subsequent to July 1~ 1989, Atn2 [Please indicate which addltlonal statement applles.] There has been a proceeding concerning the conviction before a hearing. officer of iiieState of Florida, Division of Administrative Hearings. The fmal order entered by the hearing officer did not place the person or affiliate on the convicted vendor lisL [Please attacb a copy o~ the nnal order.] _ The person or affiliate was placed on the oonYicted vendor list. There has been' a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing offtcer determined that it was in tbe public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy or the Dnal order.] ( ____ The person or affiliate has not been placed aD the convicted, vendor list. [please describe any action taken by or pending wi4h tlJe DepartmentJ)r General S~riices.] ~" / .'- ""/0:f .f//,-;;;?;/ ~{/ /.."'//:/<~:~.~' ./..... ,'. " " 10,~" " I' ,/,., // . /' '- '//. . / . , " / .' , /. /; .,' t ~ ../,.~ . - I' / . / , .. . " ... "," Ie' (, - ! /i t, l ,/ I'JI._.~J /. .; : '- L.r"" _# ............-.._... (..' ' : '. f..,.." I [sllnature] / / L Yilt( t I I Date: STATE OF COUNTY OF ! I.. (,,! \ ,//'?-/ ',; ( (~, It .' . Ii.") .' ,i . . ( r). , . I' P~~SO~ALl.:~ .APPEARED BEFORE ME, the undersigned authority, , 1\ (( i l1 ~. ,. {..., !_; j r.. , ~ ~ t 1 /y ~. ,~..-. ,>.J I <: Ii 1/ 1 I / (/,' PI. / .r j f' who, after first being sworn by me, affixed his/her signature [name of individual signing] in the space provided above on this .) {/" : ^ . . / ............ ,., day of -', ; l'v 19 \../,' . I! . ~<f-<-;// 0~~ My commission expires: NOTARY PURLr'.:. ST.l\TF OF FlO~IDA If\Y COM"lIS~JON EX?; RES: MAn. 28. i 992. BO""lOEO ,.t'1RU NOTARY Pl.i9LIC UN::>ERWRIT~Fl9.' For:-:l PUR 7068 (Rev. 11/89) ~