07/16/1997 Lease
RECEIVED: 5-30-97; 14:05;
5-30-19972:11PM
6724622 => ALL KEYS INC; #2
FROM MEYER/ERSKINE 8724822
P.2
BUSINESS LEASE
THIS AGREEMENT, entered into this ~ day of ~~kf , 19TI-, by
and between L.H, KEPHART d/b/a EATON STREET PROFESSIONAE CENTER, hereinafter
called the lessor, party of the first part, and the BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, hereinafter called the lessee or tenant, party of the second part;
WITNESSETH
WHEREAS, that the said lessor does this day lease unto said lessee, and
WHEREAS, said lessee does hereby hire and take as tenant under said lessor room or
space, as shown on EXHIBIT A, attached hereto and made a part thereof, situated at:
EATON STREET PROFESSIONAL CENTER, KEY WEST,
MONROE COUNTY, FLORIDA;
to be used and occupied by the lessee as offices of the Public Defender and for no other purpose
or uses whatsoever, and
..
CD
WHEREAS, beginning on the first (1 ST) day of December, 1997 and ending on the-J
thirtieth (30TH) day of November, 1999, and
NOW, THEREFORE, for the agreed total rental sum of ($98,000.00) N'mety-eight.
Thousand Dollars per annum payable to EATON STREET PROFESSIONAL CENTER, ,at 52.:t
Eaton Street, Key West, Florida 33040, and other good and valuable consideration, the.partieS..;
agree as follows: "
..- r::>
1, Lessor shall lease to lessee and lessee shall lease from lessor the above describ:ed
premises,
. .
.~
2. Lessee shall lease (7,000) Seven-Thousand square feet at ($8,166.66) Eight-Thousand
One-Hundred Sixty-Six Dollars and Sixty-Six Cents per month. Additionally, lessee shall pay
($100.00) One-Hundred Dollars per month for sewer and water; ($90,00) Ninety Dollars per
month for a dumpster, payable within (30) Thirty days of each due date, commencing on
December 1, 1997 until November 30, 1999,
Page 1 of 5
RECEIVED: 5-30-97; 14:06;
5-30-19972:11PM
8724822 => ALL KEYS INC; #3
FROM MEYER/ERSKINE 8724822
P.3
3. All additions, fixtures or improvements which may be made by lessee, except movable
office furniture and equipment, shall become the property of the lessor and remain upon the
premises as a part thereof and be surrendered with the premises at the tennination of this lease
unless otherwise agreed upon by the parties thereof
4, All personal property placed or moved in the above described premises shall be at the
risk of the lessee or owner thereof, and lessor shall not be liable for any damages to said personal
property,
5, In the event the premises shall be destroyed or so damaged or injured by fire or other
casualty during the life of this agreement, whereby the same shall be rendered untenantable, then
the lessor shall have the right to render said premises tenantable by repairs within (90) 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 shall be paid
only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in
writing,
6, Lessee shall have the right to sublet the premises for the duration of the term of this
lease, subject to the lessor's approval, provided that such approval shall not be unreasonably
withheld,
7, Lessee agrees to pay the cost of collection and ten percent (10%) attorney's fee on any
part of said rental that may be collected by suit or by attorney. after the same is past due,
8, The lessee agrees that it will pay all charges for rent, gas, water, sewer, trash,
electricity or other illumination used on said premises, and should charges for rent or lights herein
provided for at any time remain due and unpaid for the space of (30) Thirty 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 collected by distress or otherwise,
9, The lessor, or any of its agents, shall have the right to enter said premises during all
reasonable hours to examine the same to make such repairs. additions. or alterations as may be
deemed necessary for the safety. comfort or preselVation 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 (30) Thirty days before the expiration of this lease, The right to entry shall
likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions which
do not conform to this agreement, or to the rules and regulations of the building,
Page 2 of 5
RECEIVED: 5-30-97; 14:07;
5-30-19972:12PM
8724822 => ALL KEYS INC; #4
FROM MEYER/ERSKINE 8724822
P.4
10, 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 there were at
the commencement of said term, excepting only reasonable wear and tear arising from 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 fixtures, appliances or appurtenances of said
premises, or of the building, caused by any act or neglect or lessee, or of any person or persons in
the employ or under the control of the lessee,
11, This contract shall bind the lessor and its assigns or successors, and the heirs, assigns,
administrators, legal representatives, executors or successors as the case may be, of the lessee,
12, 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.
13, It is understood and agreed between the parties hereto that written notice mailed or
delivered 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 oftms contract.
14, 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.
15, It is further 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,
16. Parking is to be provided by the lessor between the hours of7:00 AM, and 6:00 P.M.
as per Exhibit riB II attached hereto and incorporated by reference, with lessor retaining rights to
(3) three spaces for his personal vehicles,
17, All deposits for utilities will be paid by lessee,
18. This agreement may be terminated without penalty by either the lessor or lessee upon
providing a (6) six month written notice mailed or delivered to the other party, and/or in the event
that funds from the budget of Monroe County are partially reduced or cannot be obtained or
Page 3 of5
RECEIVED: 5-30-97; 14:06;
5-30-19972:13PM
6724622 => ALL KEYS INC; #5
FROM MEYER/ERSKINE 8724822
P.5
cannot be continued at level sufficient to allow for the rental of property specified herein, this
agreement may then be terminated immediately at the option of the Board by written notice of
termination delivered in person or by mail to the lessor. The Board shall not be obligated to pay
for any rental provided by the lessor after the lessor has received written notice oftermination,
19. The lessor herein expressly agrees to maintain the subject premises in full compliance
with the American Disabilities Act. Further, the lessor shall be liable for any cost or expenditure
associated with said compliance. However, in the event the total cost or costs associated with
said compliance reaches $5,000,00 during the term of this agreement, the lessor shall have the
option of terminating this agreement as provided in paragraph 18 above. Further, during the (6)
six month notice period provided in paragraph 18 above, the lessor shall not be liable for any costs
of said compliance above $5,000,00.
20. The lessor herein expressly agrees to maintain the common bathrooms utilized by the
tenants of the subject premises in a clean, sanitary manner. Further, the lessor expressly agrees to
be liable for any cost or expenditure associated with same,
21. Notwithstanding the provisions contained in paragraph 8 above, the lessee, with the
assistance of the Monroe County Public Works Department, herein expressly agrees to be liable
for normal routine maintenance associated with operation of the air conditioning system located
on the subject premises, limited to cleaning and changing the filters, coils and belts, as well as
monthly cleaning of the drain, The lessor herein expressly agrees to be responsible for all costs
associated with maintenance and operation of the air conditioning system, including all electrical,
mechanical components, coils, condensers, and refrigerants.
22, The lessor herein expressly agrees to maintain the subject premises in full compliance
with all safety codes and standards, and remedy all safety hazards as deemed appropriate by the
Monroe County Safety Manager. Further, the lessor shall be liable for any cost or expenditure
associated with said compliance,
23, Lessor warrants that it has not employed, retained or otherwise had act on its behalf
any fonner County officer or employee subject to the prohibition of Section 2 of Ordinance No.
010-1990 or any County officer or employee in violation of Section 3 of Ordinance No,
020-1990, For breach or violation of this provision the lessee 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,
Page 4 of5
RECEIVED: 5-30-97; 14:09;
5-30-19972:14PM
8724822 => ALL KEYS INC; #6
FROM MEYER/ERSKINE 8724822
P.6
24. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide goods or services
to a public entity, may not submit a bid on a contract with a public entity for construction or
repair of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287,017, F,S, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list.
(CATEGORY TWO: $3,000.00),
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for
the purposes herein expressed, the day and year first above written,
SI~D, SEALED and DELIVERED in the presence of
/
. E~~S
PROFESSI
BY:
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BY:~pTQ .~~~~
::R~LEG FICIENC"
LARRY R. ERSKINE, ESQ,
Page 5 of 5
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