09/22/1994 LeaseLEASE
THIS LEASE, made this 22nd day of __ September . 1994, by and between NORMAN A.
BAPTISTA hereinafter referred to as Lessor, and MONR,OE COUNTY, a political subdivision of the
State of Florida, hereinafter referred to as Lessee.
WITNESSETH:
WHEREAS, Lessee has authority under Sec. 125.01(3)(a) to lease property for purposes such as
recycling, pursuant to subsection (1)(k)(1); now, therefore
In consideration of the covenants herein contained, on the part of said Lessee to be kept and
performed, said Lessor does hereby lease to said Lessee the following describe Oroperty:
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A parcel of land commencing at the intersection of the northwest cornet ao4`.�'Sacarma ElAy", as
CZD
recorded in Plat Book 4, at page 128, of the public records of Monroe 'CountpFL end the
southerly right of way line of U.S. Highway No. 1, said intersection also---to-be know.ia as Qhe point
of beginning (POB). From the POB bear South along the West line of "Sacarma Bay", i-96 feet,
then bear West 110 feet, then bear North 180 feet to the southerly 'right-of-w2ay line'of U.S.
Highway No. 1, then bear East, along the curve of the southerly right-of-way lie 110 feet back
to the point of beginning. +v
TO HAVE AND TO HOLD the same from month to month retroactive to August 1, 1994, and
requiring a thirty day written notice prior to termination or cancellation of lease. If notice of
cancellation is not received promptly within thirty days the lease will automatically be extended for an
additional month, at the lessor's option. The Lessee shall pay the Lessor the sum of seven hundred
Dollars ($700.00) per month. The first payment shall be upon execution of this Agreement, subsequent
payments shall be made on or before the fifth day of each month thereafter.
This Lease is made upon the following conditions:
1. The property is to be used by the Lessee for a recycling center. In furtherance of this
purpose, Lessee may utilize the property by placing thereon such structures, containers, equipment, and
other materials as are necessary to achieve the purposes of use as a recycling center.
2. The Lessee shall not assign this Lease or sublet any part of the premises without written
consent of the Lessor; however, should the County move out and the Lessor again leases this property
all moneys paid by new Lessee will be applied as credit against any amount owed by the County to its
remaining lease period.
3. The Lessee shall maintain the leasehold premises in a sanitary and orderly manner and
comply with the laws of the State of Florida.
4. The lessor warrants that the Lessor holds fee simple title to the property described in this
lease; Lessor has the complete authority to lease such property; there are no other outstanding lease(s)
for such property; and no other third persons have, or will have during the term of the lease, a right
of entry upon or occupancy of such property.
5. The Lessee shall, subject to the limitations in Sec. 768.28, Florida Statutes, hold the
Lessor harmless from any and all causes of action,suits or claims that may arise out of the negligence
or omission of the Lessee or its employees, in the use and occupancy of the leasehold premises.
Page-1
6. Lessee shall have the right to make such alterations, additions and improvements on the
premises as it shall deem necessary, provided that such additions and improvements shall be regarded
as removable fixtures.
7. Upon the termination of this Lease, the Lessee shall return the property being leased in
the same condition as when leased excluding normal wear and tear and including but not limited to the
removal of recycling facilities and other material placed upon the property during the term of this Lease.
8. The parties agree to reimburse the prevailing party for any costs incurred in the
enforcement of this Lease, including but not limited to reasonable attorneys fees.
9. The Lessee agrees to bear the cost of all utility service during the time of tenancy.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
j
fitness
Witness
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04n, wwz,04
Norman A. Baptist'
PP DrrVli't1i�f X
IEVY
A3tornot s orirre
Page-2
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
-
��Zdze!4 I*Z�� 9��' warrants that he/it has not employed,
retained or otherwise had act on his/its behalf .any former County officer
or employee in violation of Section 2 of Ordinance No. 10-1990 or any
County officer or employee in violation of Section 3 of Ordinance No.
10-1990. For breach or violation of this provision the County may, in
its discretion, terminate this contract without liability and may also,
in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage,
gift, or consideration paid to the former County,officer or employee.
Date:
STATE OFF
COUNTY OF
ture
Subscribed and swornto (or affirmed) before
me on !Zlq / 9 Vt /, (date) by
X6!e//S/1q- (name of affiant) .
He/She is personally known to me or has produced
as identification.
( type of identification)
NOTARf PUB I C
UEONA T. COFFEY
50
Notai, -UMICI ftsm of Flotid�
My Commi .lion Eyom NOV 06,191
MCP#4 REV. 2/92 Comm ucclsf