10/21/1998 Agreement - YYM,Y••
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1745 TEL.(3(15)292-3550 FAX(30S)852-7146
FAX(305)295-3660
MEMORANDUM
TO: Theresa D. Westerfield
Court Administrator
FROM: Ruth Ann Jantzen, Deputy Clerk Oi
DATE: January 21, 1999
At the October 21, 1998 County Commission Meeting, the Board granted
approval and authorized execution of a Sublease Agreement between Monroe County
and Deborah A.Harrison, Ph.D.,to house the Drug Court Counselor assigned to the
Upper Keys.
Enclosed please find a fully executed duplicate original of the above
Agreement for return to Dr.Harrison.
If you have any questions regarding the above,please do not hesitate to
contact this office.
Enclosure
cc: County Attorney
Finance
County Administrator (w/o document)
File
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SUBLEASE AGREEMENT A
This sublease is entered into between Deborah Amaps4on, Ph.D. , whose
business address is 99551 Overseas Highway, Ste WIT,4eey Largo, State of
Florida, sublessor, and Monroe County whose business address is sioo
College Road, Key West, FL 33040 , State of Florida, sublessee.
Section I
Demise and Use
Sublessor leases to sublessee and sublessee leases from sublessor, for the
purposes of providing counseling services in the space described in Section II
below.
Section II
Description of Space
The premises subject to this sublease is office #3, located in the
Cou ing Associates . suite at 99551 Overseas Highway, Key Largo, Florida
33037.
- Mahogany desk with chair
1 Small formica desk with chair
1 - • med chair, padded seat and I :ck
6 - dal chairs with padded se and backs
1 - Boo ase
1 - Green ,esk lamp
1 - 8 x 10 lig house p' ure 4C°
2 - 8 x 10 seasit ; .'- ures (Oriental flair)
1 - 24 x 26 skyvi- - 4 Key Largo
1 - 24 x 24 m. erial s- n art work wall hanging o ,o
1 - 26 x 36 .icture "Girl i boat with geese" "ci a P
1 - Blac ' clock - Westclock oA = o
2 - B :ck screen room dividers 0n �' Ca
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2 - aste baskets y o -CI m
1 132" x 107" tan Berber rug „ n w
n- Dufone system 412 - 2 lines teleph.ne T" ow,
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Section III
Quiet Enjoyment
If sublessee performs the terms of this sublease, sublessor warrants that
sublessee will have quiet enjoyment and peaceful possession of the space
leased, and that he will defend sublessee in such quiet enjoyment and peaceful
possession during the term of this sublease without interruption by sublessor
or owner, or of any person rightfully claiming under either of them.
Section IV
Sublessor To Pay Lease Rent
Sublessor agrees to pay the rent reserved in the lease and to perform and
observe the lessee's covenants and stipulations contained in it so far as they
ought to be performed and observed by sublessor.
Section V
Term of Sublease
The term of this sublease shall be for a period of 12 monthstarting on
the 26th day of October , 1998.
Section VI
Sublease Rent
Sublessee agrees// to pay to sublessor as rent for the premises $500 per
montre. ,�..ixi etiAatleGof . Tw
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Section VII
Option To Renew
Subject to sublessor's ability to keep the lease in effect for the remainder
of its term or through extension or renewal, sublessee is granted the option of
extending and renewing the term of this lease for an additional six months
upon notice to Sublessor in writing on or before 30 days before the end of the
term of this lease.
Section VIII
Holdover
Any holdover at the expiration of this sublease with sublessor's consent
shall be on a month-to-month basis, which tenancy may then be terminated as
provided by the laws of the State of Florida. During the holdover tenancy,
sublessee agrees to pay monthly to sublessor the same rate of rental as in
effect at the time of the termination and agrees to be bound by the terms of
this sublease insofar as they are applicable.
Section IX
Sublessee To Comply with Lease Terms; Indemnity to Lessor
Sublessee agrees to perform and observe the covenants, conditions, and
terms of the lease on the part of the lessee to be performed and observed,
except the covenant for the payment of rent reserved in the lease, and to
indemnify lessor against all claims, damages, and expenses arising out of
nonperformance or nonobservance of such covenants, conditions, and terms.
Section X
Use for Business Purposes
The premises and space subleased in this agreement are to be used for
business purposes, primarily for various types of office and office services,
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including use of all types of electrical computers and for no other purpose
without first obtaining the written consent of the sublessor.
Section XI
No Waste, Nuisance, or Illegal Use
Sublessee shall not commit waste on the leased premises, nor maintain,
commit, or permit a nuisance on the premises, or use the premises for an
unlawful purpose. Sublessee shall conform to all applicable laws and
ordinances respecting the use and occupancy of the space sublet here relating
to matters not covered elsewhere in this sublease, provided that it shall not be
required to make alterations, additions, or improvements to the premises in
order to conform with the laws and ordinances.
Section XII
Alterations, Additions, and Improvements
Sublessee shall not make alterations, additions, or improvements on the
premises without first obtaining the written consent of sublessor. All
alterations, additions, and improvements that shall be made shall be at
sublessee's expenses, shall become sublessor's property, and shall remain on
and be surrendered with the premises as a part of the premises at the
termination of this sublease without disturbance, molestation, or injury.
Nothing contained in this paragraph shall prevent sublessee from removing all
office machines and equipment and trade fixtures customarily used in its
business.
Section XIII
Liens
Sublessee shall keep the leased premises free and clear of liens arising
out of any work performed, materials furnished or obligations incurred by
sublessee, including mechanics' liens.
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Section XIV
Signs
Sublessee covenants and agrees that no signs or symbols shall be placed
in the windows or doors of the premises, or on any exterior part of the
building without the sublessor's prior written approval.
Section XV
Ac lass for Inspection and Repairs
Sublessee shall allow lessor and sublessor, and their agents free access
at all reasonable times to the premises sublet for the purpose of inspecting or
of making repairs, additions, or alterations to the premises or any property
owned by or under the control of lessor or sublessor.
Section XVI
Access to Lavatory and Storage Room
Sublessor agrees that sublessee and its employees shall have use of the
men's arid women's lavatories situated in the building. The lavatories shall be
available for general use of sublessee's customers and business guests.
Section XVII
Repairs and Maintenance
Subject to the lessor's obligations under the lease, sublessor, unless
specified to the contrary in this sublease, shall maintain the premises subleased
in good repair and tenantable condition during the continuance of this
sublease, except in case of damage arising from the act or negligence of
sublessee or its agents.
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Section XVIII
Damage or Destruction by Fire, War, or Acts of God
In the event that the premises subleased are rendered untenantable in
whole or in substantial part as result of destruction or damage by fire, acts or
war, or acts of God this lease shall cease, provided, nonetheless, that the lessor
shall have the option of rebuilding or repairing the premises if he elects so to
do and gives written notice of such election to rebuild or repair to the
sublessor within io days after such damage or destruction. If lessor elects
to rebuild or repair the premises and does so without unnecessary delay,
sublessee shall be bound by the terms of this lease, except that during the
period of repairs or rebuilding, the rent under this sublease shall be abated in
the same proportion as the portion of the premises rendered unfit for
occupancy by sublessee shall bear to the whole of the sublease premises.
Sublessee shall have the right to declare this sublease terminated when more
than 30 days after the destruction or damaging of the premises as shall have
elapsed without the lessor having elected to repair or rebuild.
Section XIX
Waiver of One Breach Not Waiver of Others
Waiver of one breach of a term, condition, or covenant of this sublease
by either party to this sublease shall be limited to the particular instance and
shall not be construed as a waiver of past or future breaches of this sublease
or other terms, conditions, or covenants.
Section XX
Default by Lessor or Sublessor
If lessor fails and neglects to perform the lease, or if sublessor fails to
perform the lease or this sublease, sublessee may, on reasonable notice in
writing of not less than 10 days, terminate this sublease.
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Section XXI
Termination and Re-Entry by Sublessor on Sublessee's Default
If sublessee abandons or vacates the leased premises or is dispossessed
for cause by sublessor before the termination of this sublease, or any renewal
of this sublease, sublessor may, on giving 10 days' written notice to sublessee,
declare this lease forfeited and may then make reasonable efforts to relet the
premises. Sublessee shall be liable to sublessor for all damages suffered by
reason of such forfeiture. Such damages shall include, but shall not be limited
to, the following: (1) all actual damages suffered by sublessor until the
property is relet, including reasonable expenses incurred in attempting to relet;
(2) the difference between the rent received when the property is relet and the
rent reserved under this lease.
Until the premises have been relet, sublessee agrees to pay to sublessor,
on the same days as the rental payments are due under this lease, the actual
damages suffered by sublessor since the last payment, either rent or damages,
was made. After the premises have been relet, sublessee agrees to pay to
sublessor, on the last day of each rental period, the difference between the rent
received for the period from reletting and the rent reserved under this lease
for that period.
Section XXII
Applicable Law
Florida law shall be used in interpreting this lease and in determining the
rights of the parties under it.
Section XXIII
Surrender of Premises and Keys at Termination
Sublessee agrees that at the expiration of this sublease, he will quit and
surrender the subleased premises without notice, and will deliver to sublessor
all keys belonging to the premises.
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Section XXIV
Notices
Except where otherwise required by statute, all notices given pursuant to
the provisions of this sublease shall be in writing, addressed to the party to
whom the notice is given, and sent by registered or certified mail to the last
known mailing address of the party. However, notices to sublessee may be
sent to the address of the subleased premises.
Section XXV
No Assignment or Second Sublease Without Consent
Sublessee shall not sell or assign this sublease or any part of this lease,
or any interest in it, or re-sublet the subleased premises in whole or in part
without first obtaining the written consent of sublessor and lessor. This
sublease shall not be assigned by operation of law. If sublessor and lessor once
give consent to assignment of this sublease or of any interest in it, they shall
not be barred form afterwards refusing to consent of any further assignment.
Any attempt to sell, assigning, or re-sublease without written consent of
sublessor and lessor shall be deemed sufficient grounds for dispossession and
shall entitle sublessor to proceed pursuant to Section XXI of this lease if - he
so elects:
Section XXVII
Funding Availability
In the event that funds from Court Administration Rental and Leases
are partially reduced or cannot be obtained or cannot be continued at a level
sufficient to allow for the purchase of the services/goods specified herein, this
agreement may then be terminated immediately at the option of the sublessee
by written notice of termination delivered in person or by mail to the lessor.
The sublessee shall not be obligated to pay for any services provided by the
sublessor after the sublessor has received written notice of termination.
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In Witness Whereof, the parties have hereunto set their hand
and seal on this the day of Ocr-o Er c. 1998.
L Cwinast Deborah A. Harrison, Ph.D.
Witness
Subl •
cure MorroeCow'ty
Witnes
t
(SEAL)
ATTEST: DANNY L. KOLNAGE, CLERK
BY
DEP CLER
AAPPROVED
LEGA US TO FORM
fry F
DATE RT N
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