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05/17/1977Vo, 2 STATE OF FLORIDA COUNTY OF MONROE LEASE AGREEMENT This Lease Agreement entered into this 1 7th day of May, 1977, A.D. between Lloyd Damsey and Joan Damsey party of the first part hereinafter called the Lessor, and the State of Florida Attorney's Office, 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 One, Known as Unit #1 of the Damsey Professional Building, Marathon, Florida which shall constitute an aggregate area of 1144 square feet of net rentable space at the rate of $6.30 per square foot per year. (If space provided is not sufficient, attach separate sheet containing legal description of premises.) I. TERM TO HAVE AND TO HOLD the above described premises for a term commensing on the lst day of July 197 7 to and including the 31st day of January 1981. II RENTALS The lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above described premises for the term set out in this lease and the Lessee agrees to pay the Lessor the sum of six hundred and 60/100 dollars ($600.60) per monthfor the rental period described in Article I of this lease. The rent shall be payable on the last day of each month beginning with the first full month of occupancy. The rentals shall be paid to the Lessor at: The Medical Clinic, 2855 U. S. #1 , Marathon, Florida 33050. III. HEATING, AIR CONDITIONING AND JANITOR SERVICES 1. The 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 replacement of all bulbs, lamps, tubes and starters used in such fixtures for the purpose of furnishing light. V. MAINTENTANCE AND REPAIRS 1. The Lessor shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement 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 commence- ment 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 premises 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. UTILITIES That the Lessor will promptly pay all water, power and electric light rates or charges which may become payable during the term of this lease for the water, electricity used by the Lessee on the premises. f1 � f! XVI ACKNOWLEDGMENT OF ASSIGNMENT That the Lessee upon the request of the Lessor shall execute such acknowledgment or acknowledgments, or any assignment, or assignments, of rentals and profits made by the Lessor to any third person, firm or corporation, provided that the Lessor will not make such request unless required to do so by the Mortgage under a mortgage or mortgages, executed by the Lessor. XVII TAXES, INSURANCE AND COMMISSIONS 1. Lessor shall pay all real estate taxes and fire insurance premiums on the demised premises, Lessor shall not be liable to carry fire insurance on the person or property of the Lessee or any other person or property which may now or hereafter be placed in the demised premises. 2. Lessor agrees covenants certifies and warrants to Lessee that no portion of the rent payable pursuant to Article II of this Lease Agreement includes, represents, is based on or is attributable to any commission or fee which is paid or is payable by Lessor as the result of the Lessor's having utilized or contracted for the services of any real estate broker , salesman, agent or firm in any aspect of the Lessor's dealings or any dealings involving the leasing of the demised premises to Lessee. XVIII AVAILABILITY OF FUNDS The obligations of the Lessee under this lease agreement are subject to the avail- 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 programs. XIX USE OF PREMISES The Lessee will not make or suffer any unlawful, improper or offensive use of the premises or any use of occupancy thereof contrary to the Laws of the State of Florida or to such Ordinances of the City and/or County in which the demised premises are located, now or hereinafter made, as may be applicable to the Lessee. XX RENEWAL The Lessee is hereby granted the option to renew this lease for an additional -0- years upon the same terms and conditions. If the Lessee desires to renew this lease under the provisions of this Article, it shall give the Lessor written notice thereof not more than six months nor less than three months prior to the expiration of the term provided in Article I of this lease. XXI RIGHT TO TERMINATE Count The Lessee shall have the right to terminate, without penalty, this lease in the event U State-owned building becomes available to the Lessee for occupancy during the term of said lease for the purposes for which this space is being leased in the County of Monroe Florida upon giving two (2) months advance written notice to the Lessor by Certified Mail, Return Receipt Requested. XXII NOTICES All notices required to be served upon the Lessor shall be served by registered mail, return receipt requested at 2855 U.S. #1, Marathon, Florida 33050, and all notices required to be served upon the Lessee shall be served by registered or certified mail, return receipt requested, at the address of the Lessee at 2805 U.S. #1, Marathon, Florida 33050. XXIII DEFINITION OF TERMS (a) The terms "lease" "Lease agreement" or "agreement" shall be inclusive of each other and shall also include any renewals, extensions or modifications of this lease. (b) The terms "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto. (c) The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits. XXIV ADDITIONAL TERMS Check One: Any and all additional covenants or conditions appear on the attached. X No additional covenants or conditions form a part of this lease. VII• ALTERATIONS That the Lessee shall have the right to make any alterationsin and to the demised premises during the term of this lease upon first having obtained the written consent thereto of the Lessor. The Lessor shall not capriciously withhold the consent to any such alterations. VIII. INJURY OR DAMAGE TO PROPERTY ON PREMISES That 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, loss 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, storm 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 whole of such premises and 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 responsible for maintenance and repair of all fire protection equipment necessary to con- form to the requirements of the State Fire Marshal. The Lessor agrees that the demised premises 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 TERM At the expiration of the term, the Lessee will peaceably yield up to the Lessor the demised premises in good and tenantable repair. It is understood and agreed between the parties that the Lessee shall have the right to remove 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 to as good a state of repair as they were prior to the removal. XI SUBLETTING AND ASSIGNMENT The lessee upon the obtaining of the written consent of the Lessor, which written consent 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 consent 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 lease. XIV 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 making any such repairs as they are required to make under the terms of this lease. XV BREACH OF COVENANT These presents are upon this condition, that, except as provided in this lease, if the Lessee shall neglect or fail to perform or observe any covenant herein contained, which on the Lessee's part is to be performed and such default shall continue for a period of thirty (30) days after receipt of written notice thereof from the Lessor to the Lessee, then the Lessor lawfully may, immediately, or at any time thereafter, and without further notice or -emand, enter into and upon the demised premises, or any part thereof, and repossess the same as of their former estate and expel the Lessee and remove its effects forcefully, if necessary, without being taken or deemed to be guilty of any manner of trespass and thereupon this demise shall terminate but without prejudice to any remedy which might other- wise be used by the Lessor for arrears of rent or for any breach of the Lessee's covenants herein contained. 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 i n individual: Signed a ed and Deliv d in the xrlesedce of/ A As to essor If essor is a Corporation: Signed, Sealed and Delivered in the presence of: AS TO PRESIDENT Signed, Sealed and Delivered in the presence of: As to Lessee APPROVAL AS TO CONDITIONS AND NEED THEREFOR MONROE COUNTY COMMISSION BY: APPROVAL CLERK OF T CO T �j- RAL T G LESSOR: (SEAL) L) Name of Corporation B 13�(CORPORATE SEAL) ATTEST Its Secretary LESSEE: STATE OF FLORIDA J State's Attorney APPROVED AS TO FORM AND LEGALITY GENERAL COUNSEL MONROE COUNTY BY •�C- G' MICHAEL H. CATES COUNTY ATTORNEY May 17, 1977 APPROVAL DATE Z `_ ` ~ �� -- ^ i n1 f -� ovc I 411 ZY