07/11/1990 Lease LEASE
WHEREAS, Terri L. Stiglitz, on June 29, 1990, sold the
property described in Section 2 to Monroe County, and
WHEREAS, the County has agreed to rent the premises to Terri
L. Stiglitz for up to six months, as follows:
1. PARTIES
This contract of lease is made and entered into on the /lye,
day of , 1990, by and between Monroe County, a
political subdivision of the State of Florida, who is referred to
as the lessor, and Terri L. Stiglitz, whose mailing address is
P.O. Box 386, Big Pine Key, Florida 33043, who is referred to as
lessee.
2. DESCRIPTION AND PURPOSE
The lessor leases the building and land located in Monroe
County, Florida and more particularly described as:
Tract IC Pine Key Acres in Section 23, Township 66
South, Range 29 East, Big Pine Key (South Street)
to lessee for lessee's use as a residence.
3. TERMS
Lessor leases the above premises for a term of six (6)
months, beginning June 29, 1990, and terminating on December 31,
1990, at the monthly rate of $600.00 payable in advance on the
first day of each month. The first payment shall be July 1, 1990
for $640.00, [pro -rated for the two (2) days in June]. All
rental payments should be made to lessor at the County
Administrator's Office, Junior College Road, Stock Island, Key
West, Florida 33040.
4. DEFAULT FOR FAILURE TO PAY RENTALS, FEES AND CHARGES
In the event lessee fails to pay any rental on the first of
each month, such failure shall be a default of this lease.
Lessor may, at its option, immediately or at any time thereafter,
enter the leased premises, repossess the lessor's property, and
expel lessee and remove its effects, forcibly if necessary,
without being guilty of trespass and without prejudice to any
remedy which otherwise might be used for arrears of rent or
proceding breach of covenant. If the lessor repossesses the
property, the lease shall terminate. Further, if lessee fails to
perform any of the other covenants of this lease and such default
shall continue for fifteen (15) days after notice is given in
writing by the County, or failure to correct any violation shall
continue for fifteen (15) days after notice is given in writing
by the County, or its agents or attorneys to the lessee, the
County may, at its option, declare this lease forfeited, and may
immediately re -enter and repossess the leased property, and any
of the rents prepaid shall be forfeited by the lessee, and in no
way shall affect the collection of any other damages which may be
due the County as a result of any defaults. In the event lessor
is obligated to participate in any court proceeding in order to
enforce any of its rights under this paragraph or to collect its
rentals, fees and charges, lessor, if successful in pursuing such
litigation, shall be entitled to an additional amount in such sum
as any District or Circuit Court having competent jurisdiction
shall determine as a reasonable attorney's fee.
5. CANCELLATION BY LESSOR
The lessor may cancel this agreement by giving the lessee
30 days advance written notice to be served upon the happening of
any of the following events:
A. The filing by lessee of a voluntary petition in
bankruptcy.
B. The institution of proceedings in bankruptcy against
lessee and adjudication of lessee as a bankrupt pursuant to
such proceedings.
C. The taking by a court of jurisdiction of lessee and its
assets pursuant to proceedings brought under th provisions
of any Federal reorganization act.
D. The appointment of a receiver of lessee's assets.
E. The divestiture of lessee's estate by other operation
of law.
F. The default by lessee in the performance of any
covenant or agreement required to be performed by lessee
other than failure to pay rentals, fees and charges when due
and the failure of lessee to remedy such default for a
period of thirty (30) days after receipt from the lessor of
written notice to remedy the same; provided, however, that
no notice of cancellation, as above provided, shall be of
any force or effect if lessee shall have remedied the
default prior to lessee's notice of cancellation.
No waiver of default by the lessor of any of the terms,
to be performed shall be construed to act as a waiver of any
subsequent default of any of the terms to be performed by
the lessee nor is it a waiver of any right on the part of
the lessor to cancel this lease for failure by lessee to so
perform any of the terms of this lease.
6. CANCELLATION BY LESSEE
Lessee may cancel this agreement any time that lessee is not
in default in its payments to lessor, by giving lessor thirty
(30) days advance written notice to the County.
7. INDEMNITY
Lessee agrees fully to indemnify, and save and hold harm-
less, the lessor from and against all claims and actions and all
expenses incidental to the investigation and defense thereof;
based upon or arising out of damages or injuries to third persons
or their property, caused by the negligence of lessee, its agents
or employees, in the use or occupancy of the leased premises, by
lessee provided, however, that lessee shall not be liable for any
injury or damage or loss occasioned by the negligence of lessor,
its agents or employees; and provided, further that lessor shall
give to lessee prompt and reasonable notice of any such claims or
actions and lessee shall have the right to investigate, compro-
mise and defend the same.
Lessee agrees to carry and keep in force its homeowners
insurance with a minimum combined limit of liability for bodily
injury and property damage of no less than $100,000. The lessor
shall be named as additional insured and will be furnished with a
certificate in evidence of the insurance providing for no less
than thirty (30) days notice in the event of material change or
cancellation. Lessee shall carry its insurance coverages with
insurance companies authorized to do business in the State of
Florida.
8. QUIET ENJOYMENT
Lessor agrees that, on payment of the rent and performance
of the covenants and agreements on the part of lessee, lessee
shall peaceably have and enjoy the leased premises and all rights
and privileges of the leased premises.
9. SURRENDER OF POSSESSION
Upon the expiration or other termination of this lease,
lessee's right to use the leased premises, shall cease and lessee
shall immediately upon such expiration or termination surrender
the same.
10. INSPECTION BY LESSOR
Lessor may enter upon the leased premises at any reasonable
time for any purpose necessary, incidental to or connected with
the performance of its obligations or in the exercise of its
governmental functions.
11. ASSIGNMENT AND SUBLETTING
Lessee shall not at any time assign this agreement or any
part of it, nor sublet all or any portion of the leased premises
without written approval of lessor passed by resolution provided,
however, that lessor shall not unreasonably withhold approval.
These prohibitions include assignment of this agreement to any
corporation with which lessee may merge or consolidate or which
may succeed all or any portion of the business of lessee.
12. NOTICES
Notices to lessor provided shall be sufficient if sent by
certified mail, postage prepaid, addressed to:
Chairman of the Board of County Commissioners
P. 0. Box 1680
Key West, FL 33040
and notice to lessee, if sent by certified mail, postage prepaid,
addressed to:
Terri L. Stiglitz
P.O. Box 386
Big Pine Key, FL 33043
or to such other respective addresses as the parties may desig-
nate to each other in writing from time to time.
13. PARAGRAPH HEADINGS
The paragraph headings contained in this lease are for
convenience or reference and are not intended to define or limit
the scope of any providion in this lease.
14. INVALID PROVISIONS
In the event any provision contained in this lease is held
to be invalid by any court of competent jurisdiction, the inva-
lidity of any such provision shall in no way effect any other
covenant, condition or provision herein contained; provided that
the invalidity of such a provision does not materially prejudice
either lessor or lessee in its respective rights and obligations
contained in the valid provisions of this lease.
15. SUCCESSORS AND ASSIGNS BOUND BY COVENANTS
All the agreements in this lease shall extend to and bind
the legal representatives, successors and assigns of the respec-
tive parties.
16. NON- DISCRIMINATION CLAUSE
The lessee in exercising any of the rights or privileges
granted to him shall not on the grounds of race, color or nation-
al origin discriminate or permit discrimination against any
person or groups of persons in any manner prohibited by federal,
state or local laws, and the lessor is granted the right to take
such action to enforce this non - discrimination covenant.
17. ACCEPTANCE OF PREMISES
Acceptance of premises is in "as is" condition and lessor
shall not be obligated to repair, maintain or renovate the
premises.
18. ANTI - KICKBACK
Lessee warrants that no person has been employed or retained
to solicit or secure this agreement upon an agreement or under-
standing for a commission, percentage, brokerage, or contingent
fee and that no employee or officer of the lessor has any inter-
est, financially or otherwise, in lessee. For breach or vio-
lation of this warranty, the lessor shall have the right to annul
this contract without liability or, in its discretion, to deduct
from the contract price or consideration, the full amount of such
commission, percentage, brokerage, or contingent fee.
19. REPAIRS
Lessee shall, at all times during the lease and at its own
cost and expense repair, replace and maintain in good, safe, and
substantial condition all buildings and any improvements,
. `itions, and alterations on the leased premises, and shall use
reasonable precaution to prevent waste, damage or injury to
the leased premises.
20. TAXES
Lessee stall pay on or before the last day on which payment
may be made without penalty or interests, all tares, assessments
or governmental charges that may be imposed on the leased proper-
ty during the term of the lease, except that there will be no
property taxes since the property is tax exempt.
21. CONSENT T 0 JURISDICTION
This agreement, its performance, and all disputes arising
hereunder, shall be governed by the laws of the State of Florida
and both parties agree that a proper venue for any action shall
be Monroe County.
22. EFFECTIVE DATE
This lease cannot be in full force and effect until approved
by the Board of County Commissioners of Monroe County, Florida.
23. ENTIRE AGREEMENT
This agreement constitutes the entire agreement of the
parties with respect to its subject matter and supersedes any an d
all prior agreements with respect to such subject matter between
lessor and the lessee.
IN WITNESS WHEREOF, the parties hereto have executed this
agrt lent as of tl,e date first above written.
BOARD OF COUNTY COMMISSIONERS LESSEE!
OF MONROF COUNTY, FLORIDA
By4:7‘
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(SEA?,
At to a DANNY L. KOLHAGE, Clerk
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APPROVED AS ro FORM
AND LEGAL SUFFICIENCY.
f3Y
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Attorne °s Office -