Item C20Meeting Date: August
17,
2005
Division:
Public Works
Bulk Item: Yes
X
No
Department:
Public Works
Staff Contact Person: Ann Riger
AGENDA ITEM WORDING: Approval of a Lease Agreement with Hillsborough Center
Associates, LLC. for approximately 1,450 s.f. of office space at Habana Plaza in Key West for the 16tn
Judicial Circuit Drug Program, pending further review by Risk Management.
ITEM BACKGROUND: On September 30, 2005 the lease for office space at 1315 Whitehead Street
for the Drug Court Program will expire. Effective July 15, 2005, an Assignment and Assumption of
the Lease transpired between Southernmost Ltd., (assignor), and SouthWhitehead LC (assignee).
SouthWhitehead LC is willing to extend the lease for an additional four (4) months at a rate of
$15,000.00 per month. We are currently paying $5,376.32 per month.
PREVIOUS RELEVANT BOCC ACTION: At a special meeting on August 28, 2000, the Monroe
County BOCC approved to enter into a lease agreement with Southernmost Ltd., for the entire first
floor of the office building located at 1315 Whitehead Street to commence on. September 15, 2000, and
to expire on September 30, 2005.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:_$3,202.09 per month BUDGETED: Yes X No
COST TO COUNTY: Same SOURCE OF FUNDS: Judicial
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVAL:
Dent Pierce
Included X Not Required
AGENDA ITEM #
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Hillsborough Center
Contract #
Effective Date: 10/01/05
Expiration Date: 09/30/08
Contract Purpose/Description:
1,450 s.f. of office space for the 16 1h Judicial
Circuit Drug Court progarm
Contract Manager: Ann Riger
4549 Facilities Maint/Stop #4
-
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 08/02/05
Agenda Deadline: 08/17/05
Total Dollar Value of Contract: $ 121,135 Current Year Portion: $ 0
Budgeted? Yes® No F] Account Codes:
Grant:$ N/A
County Match: $ N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: $jyr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
Date In
Division Director 1-1101-61115
Risk Management '
O.M.B./Purchasing
Changes
Needed Reviewer
Yesn Non
Yes[O�Non
Able
W07
County Attorney YesFj No
4�1
Comments: "kV -41
OMB Form Revised 2/27/01 MCP #2
I
9
This Lease is made and entered into effective as of the 17th day of August,
2005 between Hillsborough Center Associates, LLC, a New Jersey limited liability
company ("Lessor"), and Monroe County, ("Lessee").
For and in consideration of the rent to be paid, the mutual covenants and
agreements herein, and other good and valuable consideration received by
each party from the other, the sufficiency of which is hereby acknowledged,
the parties consent and agree as follows:
1. Demised Premises. Subject to the terms and provisions of this Lease,
Lessor leases to Lessee and Lessee leases from Lessor, those certain Premises (the
"Premises") located at 3100 B Flagler Avenue, Key West, in the County of
Monroe, State of Florida. The Premises consist of approximately 1,450 square
feet. Lessee's taking of possession of the Premises and its payment of the first
month's Base Rent due under this lease shall constitute Lessee's acceptance of
the Premises in all respect, including its square footage configuration and other
physical features. By taking possession of the Premises and paying the first
month's Base Rent, the Lessee waives any objections to the square footage,
configuration and other physical features of the Premises, and the amount of
Base Rent and all other charges due for the Lease of the Premises.
2. Term.
2.1. Lease Commencement. The term of this Lease shall
commence on October 1, 2005 (the "Commencement Date").
2.2. Initial Term. The initial term of this Lease (the "Initial Term") shall
be the period of time following the Commencement Date equal to three (3)
years plus two I (one) year options to renew. For purposes of this Lease, "Term"
shall mean the Initial Term and any extension of it.
2.3. If Lessee, with Lessors prior consent, shall occupy the Premises
before commencement of the Term, all provisions of this Lease shall be in full
force and effect commencing at the time of occupancy, and Base Rent and
Additional Rent for that period shall be paid by Lessee at the same rate
specified in this Lease for the Term.
3. Net Lease, Operating Expenses and Taxes. It is the intent that the
Rent provided for in this Lease shall be an absolute net return to Lessor so that
this Lease shall yield to Lessor the net Base Rent specified in this Lease and that
all costs, expenses and obligations of every kind and nature whatsoever,
whether general or special, ordinary or extraordinary, that may be necessary in
connection with the use, occupancy or operation of the Premises shall be paid
by Lessee. All provisions of this Lease are to be construed in light of the intent
that this be an "Absolute Triple Net Lease".
4. Rent.
4.1. Base Rent. As rental for the lease of the Premises, Lessee shall pay
to Lessor, at Lessor's address set forth herein, or at such other place and to such
other person as Lessor may from time to time designate in writing for the initial
term of this Lease, total monthly base rent ("Base Rent") in the initial amount of:
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Initial Term:
Year 1: October 1, 2005 - September 30, 2006 - $3,202.09
Year 2: October 1, 2006 - September 30, 2007 - $3,362.19
Year 3: October 1, 2007 - September 30, 2008 - $3,530.30
Option Periods:
Period 1: October 1, 2008 - September 30, 2009 - $3,706.82
Period 2: October 1, 2008 - September 30, 2010 - $3,892.16
Payment will be made upon receipt of a proper invoice in accordance with the
Florida Prompt Payment Act §218.70, F.S., et seq.
The obligations of the Lessee under this Lease Agreement are subject to the
availability of funds lawfully appropriated annually for its purposes, by the
Monroe County Board of County Commissioners.
Renewals: Two (1) year options to renew with 5% annual increases (tax
exempt) payable in monthly installments, in advance, due on the first day of
each calendar month during the Term of this Lease. If the Term of this Lease shall
begin or terminate on other than the first or last day respectively of a calendar
month, all Base Rent and other charges accruing under this Lease for such
portion of the partial calendar month shall be apportioned and paid on the
basis of a 30-day month. In addition to any other sums due under this Lease,
simultaneously with Lessee's execution of this Lease, Lessee shall pay Lessor the
first month's rent.
4.2. Additional Rent. In addition to the foregoing, all other payments to
be made by Lessee to Lessor under this Lease shall be deemed, for purpose of
securing collection of them, to be "Additional Rent" under this Lease and shall
be due and payable as and when required in this Lease, and Lessor shall have
the same rights and remedies on Lessee's failure to pay them as a the non-
payment of Rent.
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4.3. Covenant of Rent. Lessee agrees that the provisions for payment of Rent
herein are independent covenants of Lessee and Lessee shall not interpose any
counterclaim or counterclaims in a summary proceeding or in any action based
on non-payment of rent or any other payment required of Lessee under this
Lease.
5. Use of Premises.
5.1. Permitted Use and Business Name. The Premises shall be used and
occupied only as a drug court treatment program with a urinalysis component
and for no other purpose. The business of the Lessee in the Premises shall be
carried on under the name and style 161h Judicial Circuit Drug Court Program
and under no other name and style unless approved by the Lessor in writing.
5.2. Hours of Business. During the term, the Lessee shall conduct its
business in the Premises, at a minimum, Monday through Friday from 8:00 AM to
5:00 PM, except on legal holidays. Lessor may require other minimum hours, if
such requirement is made of at least seventy-five (75) percent of all other lessees
in the Building. Lessee may conduct business on the Premises, in addition to the
above listed times, at Lessee's sole expense.
5.3. Opening and Continuous Occupancy. Lessee shall open the whole
of the Premises for business to the public, fully fixtured, stocked and staffed
within thirty (30) days of the Commencement Date, as defined below. The
Lessee shall continuously, actively and diligently carry on the business specified
in Section 5 on the whole of the Premises during the Term, during the hours and
on the days that are required by this Lease, except when prevented from doing
so by force majeure. The Lessee acknowledges that its continued occupancy of
the Premises and the regular conduct of its business therein are of utmost
importance to neighboring lessees and to the Lessor in the renting of space in
the Building, the renewal of other leases in the building, and the efficient and
economic supply of services and utilities. The Lessee acknowledges that the
Lessor is executing this Lease in reliance on Lessee's continuous occupancy and
that it is a material element inducing the Lessor to execute this Lease.
5.4. Lessee's Covenants as to Use and Occupancy. Lessee shall exercise
reasonable care in its use of the Premises or Building and shall not do or permit
anything to be done in or about the Premises or Building, nor bring nor keep
anything in the Premises or Building that will in any way affect the fire or other
insurance on the Building, or any of its contents, or that shall in any way conflict
with any statute, ordinance, rule, regulation, order, law or other requirement
(collectively the "Laws") affecting the occupancy and use of the Premises or
Building, which is now, or may subsequently be, enacted or promulgated by any
public authority. Lessee shall not obstruct or interfere with the rights of other
lessees of the Building or injure or annoy them. Lessee shall not use, or allow the
Premises to be used, for any illegal purpose, or any purpose constituting a public
or private nuisance or for sleeping purposes, or cooking, and nothing shall be
prepared, manufactured, or mixed in the Premises that would emit an odor of
any type into or around any part of the Building. Lessee will maintain and clean
both front and rear exterior of unit on a daily basis. All trash, papers, or like on
the ground shall be picked up and disposed of properly on a daily basis. Lessee
shall promptly comply with and execute all of the above mentioned Laws and
all rules at Lessees own cost and expense. On or prior to the Commencement
Date and at all times during the Term of this Lease and any extensions or
renewals of this Lease,
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Lessee shall, at its expense, obtain and maintain all permits, licenses and other
governmental authorizations which are necessary for the operation of its
business in accordance with Section 5.
5.5. Display Windows. Lessee shall keep display windows attractive and
neatly dressed, and shall screen in an aesthetically pleasing manner all unsightly
items within the Premises which can be seen from the display windows, including
without limitation office furniture and other similar items are visible behind interior
glass partitions. Display windows and lighted signs (if any) shall be kept
illuminated by the Lessee on all business days until the later of 5:00 P.M. or least
one-half hour after the Building closes for business. Lessee agrees that if the
display of any article exhibited by it in the display windows, or in or about the
Premises, or the display of any signs or placards in or on the Premises at any time
during the term shall be objected to by the Lessor, and if notice in writing is
given by Lessor or its agents of such objection or objections, the Lessee shall
immediately and as often as such notices are received remove such display or
such articles objected to, and failing so to do, expressly agrees that the Lessor or
its agents may enter the Premises and remove such article, sign or placards
objected to, using such force as may be necessary so to do without being
deemed guilty of any forcible entry, detainer, trespass or in breach of the
covenant of quiet enjoyment.
5.6. Prohibited Uses. Lessee shall not use the Premises nor permit them to
be used for any of the following purposes:
(A) for the sale by the Lessee, as its principal business purpose, of
any merchandise which the Lessee, in the course of its normal business practice,
purchases at manufacturers' clearances or purchases of ends -of -runs,
bankruptcy stock, seconds or other similar merchandise;
(B) for the sale of second-hand goods, war surplus articles,
insurance salvage stock, fire sale stock, merchandise damaged by or held out
to be damaged by fire, except merchandise damaged by fire or smoke
occurring in the Building, and then only for 30 days after the date of any such
damage;
(C) as an auction or flea market;
(D) for a bankruptcy sale or going -out -of -business sale or liquidation
sale or any similar sale, unless the Lessee is in fact in bankruptcy or is going out of
business or is in liquidation, in which case such sale shall not continue beyond 30
days;
(E) a business primarily used for a mail order office or catalog store;
(F) any business in which the Lessee is engaged in intentionally
deceptive or fraudulent advertising or selling practices or any other act or
business practice contrary to honest retail practices;
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(G) any "adult" store, lingerie store, massage parlor or any other
business dealing in pornography and pornographic materials or sex related
items; with the exclusion of adult videos.
(H) any use other than as specified in paragraph 5.1 above.
6. Lessee's Covenant not to Conduct Similar Business within Specified
Area and Retail Restriction Limit. During the term of this lease, Lessee shall not,
directly or indirectly, engage in any business similar to or in competition with that
for which the Premises are let, within a radius of 2 miles in each direction of the
premises..
7. Use of Common Areas. Lessee and its employees and invitees shall
have the non-exclusive right, in common with Lessor and all others to whom
Lessor has or may hereafter grant rights, to use the common areas as well as,
where applicable, common corridors, courts and arcades, together with
facilities such as washrooms, comfort rooms, lounges, drinking fountains and
toilets, subject to such reasonable rules and regulations as Lessor may from time
to time impose, including the designation of specific areas in which cars owned
by Lessee and its employees must be parked. Lessee agrees after notice
thereof to abide by such rules and regulations and to use its best efforts to
cause its employees and invitees to conform thereto. Lessor may at anytime
close or restrict for a reasonable period, any common area to make repairs, to
prevent the acquisition of public rights in such areas, or to discourage non -
customer parking; and Lessor may do such other acts in and to the common
areas as in its judgment may be desirable to improve the convenience thereof.
Neither Lessee not Lessee's employees shall solicit business in the common areas
or distribute any handbills or other advertising matter in such areas or place any
such handbills or advertising matter in or on any automobiles parked therein
without Lessor's written consent.
8. Repairs and Maintenance.
8.1. Lessee's Repair and Maintenance. Except as provided herein with
respect to the specific repair obligations of Lessor, Lessee shall, at its expense,
maintain the Premises in a first class condition consistent with other similar Plazas
in Monroe County, Florida. The Lessee's obligations herein shall include but not
be limited to the following items: All doors, automatic doors, windows, plate
glass, store front, light bulbs, walls, ceilings, plumbing, equipment, drains, fixtures,
structures, electrical, heating, air conditioning, cooling and refrigeration
equipment and all other equipment and apparatus pertaining to the Premises.
Lessee shall, at its own expense, keep the Premises in a neat, healthful and safe
condition and in accordance and in compliance with all applicable laws,
ordinances and other governmental regulations, ordinances and directions
during the Term. Any damage to or destruction to the Premises shall be properly
and timely repaired, restored and replaced by Lessee.
The Lessee shall, at its own expense, abate any nuisance pertaining to the
use of the Premises. Lessee shall, at its own expense, comply with all existing and
subsequently enacted laws, fire codes and requirements of applicable
governmental and quasi -governmental authorities and requirements and
recommendations of insurance underwriters with respect to the Premises or the
use and occupancy of the Premises. Lessee shall pay any fees or fines arising
from a violation of any such laws or requirements or recommendations by:
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(a) Lessee's use of the Premises;
(b) the manner of conduct of Lessee's business or the installation of or the
operation
of its properties on any portion of the Premises;
(c) any cause or condition created by or through Lessee; or
(d) the breach of any of Lessee's obligations under this Lease.
Upon vacating the leased premises, Lessee will surrender same to Lessor in
as good of condition as received except for ordinary wear and tear.
Except as otherwise provided in this Lease, Lessee shall be responsible for
and shall pay all costs and expenses in connection with the operation,
maintenance, and repair of the Premises during the Term of this Lease.
9. Lessor's Repairs and Maintenance. Lessor shall make all necessary
repairs to the structure of the building of which the Premises are a part, including
but not limited to the roof, foundations and exterior walls (but excluding glass,
plate glass and the exterior of the frames surrounding all windows, doors, plate
glass, non-structural store fronts, and signs), and Lessee will be required to make
any where same were caused or occasioned by and act or omission or
negligence of Lessee, its employees, agents, invitees, licensees, visitors, and
contractors.
9.1. If Lessee refuses or neglects to make repairs and maintain the
Premises properly as required hereunder and to the reasonable satisfaction of
Lessor as soon as reasonably possible after written demand, Lessor may make
such repairs without liability to Lessee for any loss or damage that may occur to
Lessee's merchandise, fixtures, or other property or to Lessee's business by
reason thereof, and upon completion thereof, Lessee, shall pay Lessor's cost for
making such repairs plus twenty (20%) percent for overhead and profit, upon
presentation of a bill therefore, as additional rent. Said bill shall include interest
at the maximum legal rate of interest on said cost from the date of completion
of repairs by Lessor. In the event Lessor fails to timely make any repairs for which
it is responsible pursuant to the Lease, Lessee shall have the right, upon thirty (30)
days' written notice to Lessor, to make such repairs and receive a credit against
rent therefore.
10. "As -is". Lessee represents that it has inspected the Premises and is
familiar with the condition of each portion of the Premises and accepts the
same in its present "AS IS" condition. The Lessor shall not be required to make any
alterations, repairs or improvements of any kind whatsoever to prepare the
Premises for Lessee's occupancy.
LESSOR MAKES NO REPRESENTATION WHATSOEVER REGARDING THE
PREMISES OR LESSEE'S USE OR OCCUPANCY OF THE PREMISES. LESSEE WAIVES,
RELEASES, RENOUNCES AND LESSOR DISCLAIMS ANY GUARANTIES AND ANY
IMPLIED OR EXPRESSED WARRANTIES OF MERCHANTABILITY, LESSEEABILITY,
HABITABILITY, FITNESS OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING,
WITHOUT LIMITATION, ANY CLAIM FOR ANY DIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RESULTING THEREFROM). LESSOR HAS NOT MADE,
NOR HAS LESSEE RELIED ON ANY REPRESENTATION AS TO CONDITION, SAFETY OR
SECURITY OF THE PREMISES.
11. Alterations. Lessee may make interior, non-structural alterations in
the Premises which do not affect building systems and which do not exceed $50
("Permitted Alterations") without Lessor's consent. Lessee may not make
alterations which are not Permitted Alterations ("Other Alterations") without
Lessor's prior written consent or approval, which consent or approval shall not be
unreasonably withheld, conditioned or delayed. All alterations made by Lessee
shall be made at Lessee's sole cost and expense, including all costs and
expenses incurred in obtaining any required governmental consents, permits or
approvals. Lessee may perform all alterations with contractors and
subcontractors of Lessee's own choosing. Lessor will cooperate with Lessee's
efforts to obtain any governmental permits or approvals or consents required for
making Permitted Alterations or otherwise approved alterations. Prior to
performing any Other Alterations, Lessee shall furnish Lessor with plans and
specifications, which shall be subject to Lessor's prior written approval, which
shall not be unreasonably withheld, conditioned or delayed. Lessor shall notify
Lessee within thirty (30) business days after receipt of the plans and
specifications if Lessor does not approve of them and shall specify what it finds
unacceptable. In that event, Lessee shall cause the plans and specifications to
be revised to remove or correct the work not approved by Lessor and shall
resubmit revised plans and specifications for approval. If the Lessor does not
notify Lessee of its objections within thirty (30) business days after receiving the
plans and specifications, Lessor shall be deemed to have approved them.
Lessee shall construct all alterations in accordance with the plans and
specifications approved by Lessor, using new and first-class materials and in
compliance with all applicable laws, rules, regulations and orders of
governmental authorities. Lessee shall obtain and furnish Lessor with copies of all
certificates, permits and approvals relating to the alterations that may be
required by any governmental authority for the issuance of a certificate of
occupancy or other approval of the Premises. At all times while Lessee and
Lessee's contractors and subcontractors are constructing Other Alterations, they
shall, at their sole cost and expense, effect and maintain or cause to be
maintained, with insurance companies reasonably acceptable to and
approved by Lessor, the following insurance coverages:
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(a) a builder's insurance policy covering the full replacement cost of the
Alterations and materials and supplies delivered to or stored in the Premises for
the purpose of being incorporated into the Alterations;
(b) comprehensive general liability insurance in form and amount
reasonably
satisfactory to Lessor;
(c) workers' compensation coverage in compliance with the Florida
Workers' Compensation Act and employer's liability insurance with a limit of not
less than $500,000 per occurrence for any one accident or disease; and
All property insurance required under this Section 13 shall contain waivers
of subrogation in favor of Lessor, and all liability insurance shall designate Lessor
as an additional insured. Certificates of insurance evidencing compliance with
these insurance requirements shall be delivered to Lessor on or before
commencement of the Other Alterations. Lessee shall construct at its sole cost
and expense any Alterations with diligence and continuity and in
a good and workmanlike manner and shall: (i) comply with all laws, ordinances
and governmental regulations in its construction of the Alterations; and (ii)
indemnify and hold Lessor harmless from all loss, cost and expense, including,
but not limited to, reasonable attorneys' fees and court costs through all trial
and appellate levels on account of Lessee's construction of the Alterations or
any injury to persons or damage to property occasioned by Lessee's
construction of the Alterations. The Lessee shall provide Lessor with all applicable
partial releases of lien executed by contractors, subcontractors and
materialmen contemporaneous with the payment or draw request under
Lessee's construction contract. The Lessee shall obtain and shall provide Lessor
with general contractor's final contractor's affidavit, releases and indemnities
contemporaneous with final payment to be made to the
general contractor and all subcontractors and materialmen. All alterations,
improvements and additions made by Lessee shall immediately become the
property of Lessor and shall remain on the Premises at the expiration or earlier
termination of the Lease, except Lessor, on written notice to Lessee, may require
that the Lessee remove any such alterations, improvements and additions made
by Lessee on any termination of the Lease, at which time the Lessee shall
remove any such alterations, improvements and additions at its sole cost and
expense on or before the termination of this Lease.
12. Damage and Condemnation.
(a) Damage. If the Premises or the Building shall be destroyed by fire or
other cause, or be so damaged by fire or other cause that they are untenable
and cannot be rendered tenable within a reasonable time from the date of the
damage, considering the extent of the damage, this Lease may be terminated
by Lessor by written notice given to Lessee within thirty (30) days after the event
causing untenantability, in which event rent shall cease as of the date of
untenantability and both parties shall be relieved of all further liability under this
Lease accruing after the cancellation date. If the damage or destruction is not
sufficient to permit a termination of the Lease as above provided, a
proportionate reduction shall be made in the rent corresponding to the time
during which, and applicable to the portion of the Premises of which, Lessee
shall be deprived of possession. The decision of a licensed Florida architect or
engineer selected by Lessor, and compensated by both parties in
equal proportions, and certified in writing to Lessor and Lessee shall conclusively
be deemed binding on the parties as to:
(i) whether the Premises or Building are rendered untenable;
(ii) whether the Building or Premises can be rendered untenable within a
reasonable time;
(iii) the percentage of the Premises rendered untenable and the resulting
percentage by which rent and other charges under this Lease should abate
during the period of untenantability; and
(iv) the date on which the Premises are restored to Lessee ability.
If damages to Lessee's building in excess of fifty (50%) percent of the
value thereof shall occur within the last three years of the initial term or any of
the option extension periods provided for herein, the obligation of the Lessor to
restore the Premises shall not arise unless Lessee shall give notice to Lessor within
ten (10) days after such damage of its desire extend the Lease for an additional
period so as to expire not less than five (5) years from the date of such damage,
and on the same conditions and for the same rentals as provided in the Lease.
The Lease shall continue and the remaining option periods if any, shall be
construed to follow
upon the end of such extended term. Failing such notice to extend, Lessor at its
option shall have the right to terminate this Lease or to restore the Premises, in
which latter event this Lease shall continue for the remainder of the primary
Lease term.
In no event shall Lessor be liable to Lessee for any damages resulting to
Lessee from the happening of such fire or casualty or from the repairing or
reconstruction of the Premises, or from the termination of this Lease as provided
in this Section, nor shall Lessee be relieved by fire or casualty from the Lessees
obligations under this Lease except to the extent and on the conditions
expressly stated in this Section.
(b) Condemnation. In connection with any condemnation of the
Premises:
(1) If at any time during the Term of this Lease all or substantially all of the
Premises shall be taken in the exercise of the power of eminent domain by any
sovereign, municipality or other public or private authority, then this Lease shall
terminate on the date of vesting of title in that authority and any prepaid Rent
shall be apportioned as of that date. Substantially all of the Premises shall be
deemed to have been taken if, in Lessor's and Lessee's reasonable judgment,
the remaining portion of the Premises shall not be of sufficient size to permit the
construction and operation of buildings on the Premises of substantially the
same size as the existing buildings.
(2) If less than all or substantially all of the Premises shall be taken in the exercise
of the power of eminent domain by any sovereign, municipality or other public
or private domain by any sovereign, municipality or other public or private
authority, then this Lease shall continue in force and effect and Lessee shall
proceed with reasonable diligence at its own expense to carry out any
necessary repairs and restoration so that the remaining portion of the Premises
shall constitute a complete structural unit or units which can be operated on an
economically feasible basis under the provisions of this Lease. All repair and
restoration shall be carried out by Lessee in strict accordance with the
restoration provisions of Section 16 of this Lease. The award or awards for any
partial taking shall be paid to Lessor and shall be disbursed for the repair and
restoration of the Premises in accordance with Section 16.
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(3) The award or awards for any taking of all or substantially all of the Premises
shall be paid to Lessor, provided that Lessee shall have the right to pursue its
own separate award for the value, immediately prior to the taking, of loss of
equipment, loss of business, loss of its leasehold interest, and moving expenses,
to the extent the foregoing does not reduce any award to be received by
Lessor.
(4) If the temporary use of the whole or any part of the Premises shall be taken
at any time during the Term of this Lease in the exercise of the power of eminent
domain by any sovereign, municipality or other authority, the Term of this Lease
shall not be reduced or affected in any way and Lessee shall continue to pay in
full the Rent, and the entire award for such taking shall be paid to Lessor, to be
applied and disposed of as provided below. Lessor shall credit against the next
Rent payment due from Lessee that portion of the award paid for the use and
occupancy of the Premises. That portion of the award that compensates for
physical damage to the Premises occasioned by the taking shall be held by
Lessor, and used to reimburse Lessee for costs of restoration and repair of the
portion of the Premises so damaged. Lessee shall perform all of the restoration
and repair in accordance with the terms of Section 16.
13. Entry, Inspection and Other Righ
ts Reserved To Lessor. Lessee will
allow Lessor to enter the Premises for inspection or for any other purpose which
Lessor deems necessary for the safety, comfort or preservation of the Premises or
Building. During business operations, Lessor may close entrances, doors,
corridors, elevators or other facilities, all without liability to Lessee by reason of
interference, inconvenience or annoyance. Lessee will permit Lessor at any time
within the earlier of (i) thirty (30) days prior to the expiration of this Lease or (ii)
failure of Lessee to cure a default within seventy-two (72) hours of notice by
Lessor to bring prospective lessees on the Premises for purposes of inspection
and to put or keep on the doors or windows thereof a "For Rent" or "For Sale"
notice. In furtherance of such rights, Lessor shall retain a key to the Premises and
Lessee shall not install any new locks to the Premises without the prior written
consent of Lessor, unless Lessee furnishes Lessor with a copy of such key. No
entry pursuant to this Paragraph shall in any way be deemed a breach of the
covenant of quiet enjoyment. Lessor reserves the right to change the name
and/or street address of the Building without liability of Lessor to Lessee. In the
event of an emergency, Lessee hereby grants to Lessor the right of enter the
Premises at any time.
14. Personal Property. For purposes of this Lease, the term "Lessee's
Property" shall mean all office furniture and equipment, movable partitions,
communications equipment, inventory, and other articles of movable personal
property owned or leased by Lessee and located in the Premises, but shall not
include any permanently attached fixtures ("Lessor's FF&E").
All Lessee's Property shall be and remain the property of Lessee throughout the
Term of this Lease and may be removed by Lessee at any time during the Term.
All Lessor's FF&E shall be and remain the property of Lessor throughout the Term
of this Lease, unless specifically purchased by and conveyed to Lessee after the
Commencement Date, and may not be removed from the Premises without
Lessor's prior consent. On or prior to the expiration of this Lease, Lessee shall
remove all Lessee's Property from the Premises without leaving any noticeable
damage to the Premises, but shall leave Lessor's FF&E in the Premises. If Lessee
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leaves noticeable damage to the Premises as a result of Lessee's removal of
Lessee's Property, or if Lessee has noticeably damaged Lessor's FF&E (excluding
reasonable wear and tear), Lessor shall give Lessee written notice and Lessee
shall have ten (10) days after that to remove or repair the damage, after which
time, Lessor may repair the damage and Lessee shall reimburse Lessor for all
costs and expenses reasonably incurred by Lessor in repairing the damage.
Notwithstanding the foregoing, any built-in items placed on the Premises by
Lessee shall become a part of the Premises and the property of Lessor.
15. Loss or Damage to Tenant's Property. Lessor shall not be liable for
any damage to property of Lessee or of others located on the Premises, nor for
the loss of or damage to any property of Lessee or of others by theft or
otherwise. Lessor shall not be liable for any injury or damage to persons or
property resulting from fire, explosion, falling walls or ceilings, steam, gas,
electricity, water, rain, or leaks from any part of the Premises or from the pipes,
appliances, plumbing works, or form the roof, street, subsurface, or form any
other place, by dampness, or by any other cause of whatsoever nature. Lessor
shall not be liable for any such damage caused by other Lessees or persons in
the Premises, occupants of property adjacent to the Plaza or the public, or for
damage caused by operations in construction of any private, public, or quasi
public work. All property of Lessee, kept or stored on the premises, shall be at
Lessee's risk, and Lessee shall hold Lessor harmless from all claims arising out of
damage to same, including subrogation claims by Lessee's insurance carriers,
unless such damage shall be caused by the willful act or gross neglect of the
Lessor.
16. Extension Terms. Provided Lessee is not in Default at the time of
exercise beyond any applicable notice and cure period, Lessee shall have the
option to extend the original Term of this Lease, subject to all of the provisions of
this Lease, for five (5) years (individually, an "Extension Term" and collectively the
"Extension Terms"), each such period commencing on the expiration of the Term
then in effect. Then Base Rent payable by Lessee during any Extension Term shall
be determined as set forth as follows: See Rent Schedule. With respect to each
such Extension Term, Lessee may exercise its option to extend by giving Lessor
written notice, in the manner prescribed herein, of Lessee's exercise of the
option to extend at any time not less than 90 days before the end of the Term
then in effect. After the exercise of any option to extend, all references in this
Lease to the Term of this Lease shall be considered to mean the Term as
extended, and all references to the end of the Term shall be considered to
mean the end of the Term as extended. If requested by Lessee, Lessor shall
execute documents that Lessee shall from time to time reasonably request to
evidence the dates of the extended Term. If Lessee exercises its option by giving
appropriate notice, the Term of this Lease shall be automatically extended on
the same terms and conditions set forth in this Lease for the applicable Extension
Term without execution of an extension or renewal Lease or any other
document, but in no event may the Term be extended beyond the Initial Term.
(i) Conditions of Extension. Lessee's right to exercise the option to extend
for each Extension Term is subject to satisfaction of the following conditions
precedent: (a) this Lease shall be in effect at the time notice of exercise of an
option to extend is given and on the last day of the Term of the Lease prior to its
extension; (b) Lessee shall not be in default at the
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time notice of exercise of the option is given or on the last day of the Term of the
Lease prior to its extension beyond any applicable notice and cure period; and
(c) the notice of exercise of the option to extend shall be delivered in
accordance with the terms of this Lease. The options to extend the Term
provided in this Section shall immediately and automatically terminate and shall
be of no further force or effect in the event that this Lease is terminated.
17. Insurance.
The Lessee is a state agency subject to limited liability under §768.28, F.S., and
maintains adequate insurance to respond to any liability in excess thereof. To the
extent authorized by §768.28, F.S., Lessee shall indemnify, defend and hold harmless
Lessor, and Lessor's agents, trustees, executors, personal representatives, general
partners, limited partners, and attorney -in -fact, of and from any and all fines, claims,
demands, liability, cost or expense (including but not limited to attorney's fees) and
causes of action, of every nature whatsoever brought by any person or entity, arising or
growing out of, directly or indirectly, the following: (i) the occupation or use of the
Premises, the Building, or the Property and every part thereof, by Lessee, (ii) any
breach or violation of this Lease by Lessee, or (iii) the conduct of Lessees business.
For all purposes of the indemnification granted herein, the claims, demands, acts or
omissions of Lessees contractors, employees, agents, servants, guests, clients and
invitees shall be deemed to be those of the Lessee. In any such event, the comparative
negligence on the part of the Lessor or its representatives shall not in any way limit or
effect Lessee's obligation under this indemnification.
18. Prohibition against Activities Increasing Fire Insurance Rates. Lessee
agrees not to use the Premises in any manner, even for the purposes
for which the premises are leased, that will increase risks covered by
insurance on the building where the premises are located,
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so as to increase the rate of insurance on the premises, or to cause cancellation
of any insurance policy covering the building. Lessee further agrees not to keep
on the premises, or permit to be kept, used, or sold on the premises, anything
prohibited by the policy
of fire insurance covering the premises. Lessee agrees to comply, at his or her
own expense, with all requirements of insurers necessary to keep in force the fire
and public liability insurance covering the premises and building.
19. Liability. Lessor shall not be responsible or liable for the theft, loss
or damage to person or property in, on or about the Premises, or the Building,
except for such loss or damage as is caused by Lessor or its employees and
agents. Lessee acknowledges and agrees that Lessor is not responsible for the
security of the Premises or the Building in general. Lessor shall not be liable for
any injury or damage to persons or property resulting from fire, explosion, failing
plaster, gas, electricity, water, rain or leaks from any part of the Building or by
any other cause whatsoever, nor shall Lessor or its agents be liable for any such
damage caused by other lessees or persons in the Building; nor shall Lessor be
liable for any latent defect in the Premises or in the Building.
20. Indemnity. Except as may otherwise be provided in this Lease, and
subject to the limitations of §768.28 F.S., Lessee shall indemnify and hold harmless
Lessor, its employees, officers, directors, managers, agents, shareholders,
partners or other owners from and against any and all third -party claims arising
from or in connection with: (i) the conduct or management of the Premises or of
any business on the Premises, or any condition created in or about the Premises
during the term of this Lease, unless created by Lessor, its employees, officers,
directors, managers, agents, shareholders, partners or other owners, invitees or
contractors, or any person or entity acting at the instance of Lessor; (ii) any act,
omission or negligence of Lessee or any of its sub lessees or licensees or its
employees, officers, directors, managers, agents, shareholders, partners or other
owners, invitees or contractors; or (iii) any accident or injury or damage
whatever, not caused by Lessor or any person or entity acting at the instance of
Lessor occurring in, at or on the Premises.
21. Negation of Personal Liability. Notwithstanding anything to the
contrary contained in this Lease, Lessee agrees that Lessor (and, in case Lessor is
a joint venture, partnership, tenancy in common, association or other form of
joint ownership, the partners, members and employees of any such joint
venture, partnership, tenancy -in -common, association or other form of joint
ownership) shall have absolutely no personal liability with respect to any of the
provisions of this Lease, or any obligation or liability arising from or in
connection with the provisions of this Lease. Lessee shall look solely to Lessor's
equity in the Premises for the satisfaction of any remedies of Lessee against
Lessor including, without limitation, the collection of any judgment (or other
judicial process) requiring the payment of money by Lessor in the event of any
default or breach by Lessor with respect to any of the terms and provisions of this
Lease to be observed and/or performed by Lessor, subject, however, to the prior
rights of any holder of any mortgage covering all or part of the Premises and no
other assets of Lessor or any principal or partner of Lessor shall be subject to levy,
execution or other judicial process for the satisfaction of Lessee's claim and in
the event Lessee obtains a judgment against Lessor, the judgment docket shall
be so noted. This exculpation of liability shall be absolute and without exception
whatsoever. This section shall inure to the benefit of Lessor's successors and
assigns and their respective principals.
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22. Rules and Regulations. The rules and regulations shall be binding
on the Lessee on delivery of a copy of them to Lessee. Lessor shall have the
right to establish, modify and/ or rescind reasonable rules and regulations
governing the use and general management of the Plaza. The rules and
regulations as may be adopted by Lessor after the execution of this Lease for
the safety, cleanliness and operation of the Building and the preservation of
good order therein and for the most efficient use by all lessees, agents,
employees, invitees and visitors of the automobile parking spaces provided by
Lessor, if any, are expressly made a part of this Lease and Lessee agrees to
comply with such rules and regulations. No rules and regulations shall prohibit
the reasonable use of the Premises by Lessee its agents, employees, invitees and
visitors for the purposes permitted by this Lease.
The Lessor shall not be responsible to Lessee for any nonobservance of such rules
and regulations by any other lessee of the Building.
23. Assignment and Subletting. Lessee shall not assign, sublet,
mortgage, pledge, or hypothecate this Lease, or any interest therein, nor shall
Lessee permit the use of the Premises by any person or persons other than
Lessee, nor shall Lessee sublet the Premises, or any part of the Premises, without
the written consent of Lessor; Any sale of stock of Lessee (if a corporation),
assignment of partnership interest (if a partnership), assignment of beneficial
interest (if a trust), or other device which has the effect of transferring the
practical benefits of this Lease from the parties currently controlling Lessee, shall
be a prohibited transfer. If Lessee sublets, assigns or transfers this Lease with the
permission of the Lessor, the Base Rent may be subject to an increase if rent is
below market value at the time of transfer.
24. Environmental Matters.
a. Lessee's Obligations. During the Initial Term and any Extension Term,
Lessee shall not do anything during the Term that violates any Environmental
Law (defined below). Lessee shall indemnify, defend and hold harmless Lessor,
its employees, officers, directors, managers, agents, shareholders, partners or
other owners, from and against any and all losses, claims, suits, damages,
judgments, penalties and liability including, without limitation: (i) all out- of -
pocket litigation costs and reasonable attorneys' fees; (ii) all damages (including
consequential damages), directly or indirectly arising out of the use, generation,
storage, release or threatened release or disposal of Hazardous Materials by
Lessee or any of its sub lessees or licensees or its employees, officers, directors,
managers, agents, shareholders, partners or other owners, invitees or
contractors; and (iii) the cost of and the obligation to perform any required or
necessary repair,clean-up, investigation, removal, remediation or abatement,
and the preparation of any closure or other required plans, to the full extent that
any of the foregoing is attributable to the use, generation, storage, release or
threatened release or disposal of Hazardous Materials by Lessee or any of its sub
lessees or licensees or its employees, officers, directors, managers, agents,
shareholders, partners or other owners, invitees or contractors.
b. Lessor's Obligations. Lessor shall indemnify, defend and hold harmless
Lessee, its employees, officers, directors, managers, agents, shareholders,
partners or other owners, from and against any and all losses, claims, suits,
damages, judgments, penalties, and liability including, without limitation: all (i)
out-of-pocket litigation costs and reasonable attorneys' fees; (ii) all damages,
including consequential damages, directly or indirectly arising out of the release
or disposal of Hazardous Materials on, under or in the Premises, or any
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violation of Environmental Laws, caused by Lessor, or which occurred prior to the
Commencement Date of this Lease.
c. Hazardous Materials Defined. For the purpose of this Section 14,
Hazardous Materials shall include but not be limited to substances defined as
"hazardous substances," "hazardous materials," or "toxic substances" in the
Comprehensive Environmental Response, Compensation and Liability Act of
1980, as amended, 42 U.S.C.A. §§ 9601 et seq.; the Hazardous Materials
Transportation Act, 49 U.S.C.A. §§ 1801 et seq.; the Resource Conservation and
Recovery Act, 42 U.S.C.A. §§ 6901 et seq.; the Occupational Safety and Health
Act of 1970, as amended; the common law; and all state, local or federal laws,
rules, regulations, policies, guidances and orders pertaining to environmental,
public health or
welfare matters, as the same may be amended, interpreted or supplemented
from time to time (collectively, the "Environmental Laws"). Any terms mentioned
in this Lease which are defined in any applicable Environmental Laws shall have
the meanings ascribed to those terms in the Environmental Laws, provided,
however, that if any such laws are amended so as to broaden any term defined
in them, the broader meaning shall apply subsequent to the effective date of
the amendment.
(d) Survival. The provisions of this Section 28 shall survive the expiration or
sooner termination of this Lease.
25. Utilities and Services. Electricity, water and sewer, trash removal
and any other utilities for the Premises shall be separately metered and billed
when possible in the name of Lessee, and the cost of those utilities, together with
the cost and performance of janitorial, telephone, and security service for the
Premises shall be Lessee's sole responsibility. In the event that the utilities cannot
be separately metered, Lessee will pay it's pro-rata share of total Building
expenses to provide such services. Lessor shall not be liable to Lessee for any
interruption in the service of any utility. No interruption or failure of such utilities or
services shall relieve Lessee from the obligation to pay the full amount of rent
and other charges reserved in this Lease, nor shall the same constitute a
constructive or other eviction of Lessee.
Lessee shall promptly pay for all public utilities rendered or furnished to the
Premises from and after the date Lessee assumes possession of said Premises,
including but not limited to, water, sewer, gas, electricity, heat and air
conditioning. Lessor shall not be liable in damages or otherwise for any
interruption in the supply of any utility to the Premises nor shall any such
interruption constitute any ground for an abatement of any of the rents reserved
hereunder. Lessee shall not at any time overburden or exceed the capacity of
the mains, feeders, ducts, conduits, or other facilities by which such utilities are
supplied to, distributed in, or serve the Premises. If Lessee desires to install any
equipment which shall require additional utility facilities or utility facilities of a
greater capacity than the facilities to be provided by Lessor, such installation
shall be subject to Lessor's prior written approval of Lessee's plans and
specifications therefore. If approved by Lessor, Lessee agrees to pay Lessor, on
demand, the cost for providing such additional utility facilities or utility facilities of
greater capacity.
Except as otherwise provided in this Section, Lessor shall not be responsible
for providing any meters or other devices for the measurement of utilities
supplied to the Premises. Lessee shall make application for and arrange for the
installation of all such
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meters or other devices and Lessee shall be solely responsible for and promptly
pay, as and when the same become due and payable, all charges for water,
sewer, electricity, gas, telephone and any other utility used for or consumed in
the Premises.
Should landlord elect or be required to supply any utility services used or
consumed in the Premises, Lessee agrees to pay as additional rent an amount
not to exceed that which the utility company would have charged Lessee for
furnishing such utilities. If Lessor is furnishing tenant any utility or utilities
hereunder, Lessor, at any time, at Lessor's option and upon not less than thirty
(30) days prior notice to Lessee, may discontinue such furnishing of any such
utility to the Premises, and in such case, Lessee shall contract with the public
service company supplying such utility service for the purchase and obtaining
by Lessee of such utility
directly from such public service company.
26. Notices. In every instance where it shall be necessary or
desirable for the Lessor to serve any notice or demand on the Lessee, it shall be
sufficient: (a) to deliver or cause to be delivered to the Lessee at the Premises a
written copy of the notice or demand, or (b) to send a written copy of the
notice or demand by United States certified mail,
postage prepaid, addressed
to the Lessee at the Premises, or (c) to leave a written copy of the notice or
demand in or on the Premises or to affix the same on any door leading into the
Premises, in which event the notice or demand shall be deemed to have been
served at the time the copy is so left or affixed. All notices or demands shall be
signed by the Lessor or its agent. Where the Lessee desires to serve notice or
demand on the Lessor, such notice or demand shall be sent certified mail return
receipt requested, postage prepaid to Lessor at the following address:
Hillsborough Center Associates, LLC.
c/o Coldwell Banker Commercial
3132 Flagler Avenue
Key West, FL 33040
Any notice to be given to Lessee prior to the commencement or subsequent to
Lessee's occupancy under this Lease shall be sent to Lessee at:
16th Judicial Circuit Drug Court
3100 B Flagler Avenue
Key West, FL 33040
And Monroe County BOCC
3583 S. Roosevelt Blvd.
Key West, FL 33040
Except as otherwise provided in this Lease, notice given by personal delivery
shall be effective as of the date of delivery; notice mailed shall be effective as
of the second day (not a Saturday, Sunday or legal holiday) next following the
date of mailing; notice by Federal Express Overnight Service shall be effective
on the next business day following the date of sending.
27. Default.
(a) Default by Lessor. Notwithstanding any other provision of this Lease,
if Lessor
IWO,
by any act or omission is in breach or default of this Lease and the breach or
default continues for a period of ninety (90) consecutive days after Lessee
notifies Lessor in writing of the breach or default, or the default is not capable of
being cured within the ninety (90) day period and if Lessor shall not have
commenced to cure the breach or default within the ninety (90) day period
and is preceding to cure same diligently within a reasonable period of time, not
to exceed an additional ninety (90) days, Lessee shall have all remedies
available to Lessee at law or in equity against Lessor but Lessee shall not be
entitled to punitive or consequential damage.
(b) Default by Lessee. Lessee agrees that any of the following events
shall be a default ("Default") under this Lease:
(i) if any false or materially misleading financial report or statement
is furnished or made by or on behalf of Lessee or any guarantor of any of
Lessee's obligations under this Lease; or
(ii) if any Base Rent, Percentage Rent, or Lessee's Share of
Operating Costs is in arrears, or Lessees fails to pay the same as and when it
becomes due; or
(iii) if Lessee or any guarantor of any of Lessee's obligations under
this Lease shall fail to perform or observe or breach any covenant, condition or
agreement to be performed or observed by such party under this Lease or
under any guaranty agreement (other than the payment of Rent); or
(iv) if Lessee or any guarantor of Lessee's obligations under this
Lease or any affiliate of any of them shall be in breach of any other lease with
Lessor or any affiliate or in breach of or in default in the payment and
performance of any obligation owing to Lessor or any affiliate, whether or not
related to this Lease and howsoever arising, whether by operation or law or
otherwise, present or future, contracted for or acquired, and whether joint,
several, absolute contingent secured, unsecured, matured or unmatured; or
(v) if Lessee or any guarantor of any of Lessee's obligations under
this Lease shall cease doing business as a going concern, make an assignment
for the benefit of creditors, generally not pay its debts as they become due,
admit in writing its inability to pay its debts as they become due, become
insolvent (i.e. greater liabilities than assets), or take any action looking to its
dissolution of liquidation; or
(vi) if Lessee or any guarantor of Lessee's obligations should file for
relief, or have filed against them, an action under any provision of any state or
federal bankruptcy or insolvency law; or
(vii) if Lessee shall abandon or vacate the Premises; or
(viii) if Lessee fails to pay all charges for gas, sewer, electricity and
other utilities which are separately metered for the Premises within thirty (30)
days after such are due; or
(ix) if Lessor determines, in its sole discretion, that unpleasant noises,
odors or other nuisance or nuisances emanate from the Premises and Lessee
does not take immediate steps to eliminate such noises, odors or nuisances or
fails to eliminate such noises, odors or nuisances permanently within thirty (30)
days of notice from Lessor; or
(x) if Lessor has sent Lessee at any time during the term of this Lease,
two notices for the same type of lease violation irrespective of whether such
violation may have been cured at the time of receipt of the notice; or,
(xi) Lessee fails t continuously occupy the Premises and regularly
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conduct its business in one hundred (100%) percent of the space within the
Premises (even if Lessee continues to pay rent).
In the event of any such Default, Lessor may, at its option, without notice,
elect any of the following remedies:
(a) Re -take and recover possession of the Premises, terminate
this Lease, and retain Lessee's security deposit.
(b) Re -take and recover possession of the Premises, without
terminating this Lease, in which event Lessor may re -rent the Premises as agent
for and for the account of Lessee and recover from Lessee the difference
between the rental specified in this Lease and the rent provided, in such re -
rental, less all of Lessors costs and expenses of re -renting, including, without
limitation, attorney's fees plus all other sums due under this Lease.
(c) Permit the Premises to remain vacant, in which event
Lessee shall continue to be responsible for all rental and other payments due
under this Lease.
(d) Re -take and recover possession of the Premises, and
accelerate and immediately collect all Base Rent Percentage Rent and Lessee's
share of Operating Cost due under this Lease for the balance of the term of this
Lease.
(e) Take any other action as may be permitted at law or in
equity. All of the Lessor's remedies contained in this Lease shall be cumulative,
and election by Lessor to
take any one remedy shall not preclude Lessor from taking any other remedy.
The Lessor may, at its option, apply any sums received from the Lessee against
any amount due and payable by the Lessee under this Lease in such manner as
the Lessor sees fit and regardless of the express purpose for which the tender
was made and regardless of any endorsement placed on the check by which
payment is made.
28. Attorney's Fees and Costs. Lessee shall pay to Lessor all costs,
charges and expenses including reasonable attorney's fees at all tribunal levels,
incurred by
Lessor in enforcing this Lease or any covenant of this Lease or in the collection of
any rent or other sum of money, becoming due under this Lease or in the
recovery of possession of the Premises or reletting of the Premises, in the event of
the breach by Lessee of any of the terms or provisions of this Lease.
29. Surrender Of Demised Premises. Lessee agrees to surrender the
Premises at the termination of the tenancy in the same condition as received by
Lessee, reasonable use and wear excepted.
30. Holding Over. In case of holding over by Lessee after expiration
or termination of this Lease, Lessee shall be deemed a lessee at sufferance and
will be liable for Lessor's damages due to such holdover and, in addition, shall
pay for each month of such holdover period double the amount of the rent and
other charges accruing for the last month during the term of this Lease. No
holding over by Lessee after the term of this Lease shall operate to extend the
Lease, except that Lessor, at its option, by written notice to Lessee, may elect to
consider Lessee's withholding of the Premises as a holdover of this Lease and
treat Lessee as a lessee for another year on the same terms and conditions as
are contracted in
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this Lease, in which case the total rental shall be double the rate stipulated in
this Lease. The foregoing provisions of this section are in addition to and do not
affect Lessor's right of re-entry or any other right of Lessor hereunder or as
provided by law.
31. Trial By Jury and Lifigatilon. Lessee and Lessor waive all rights to
a jury trial of any issue or controversy arising under this Lease, related to the
Premises or the relationship of the parties created by this Lease. The laws of the
State of Florida shall govern the validity, performance and enforcement of this
Lease. Lessor and Lessee submit to the non- exclusive personal jurisdiction in the
State of Florida, the courts of Florida and the United States District Courts sitting in
Florida, for the enforcement of this Lease. Lessor and Lessee each waive any
and all personal rights under the law of any jurisdiction to object on any basis
(including, without limitation, inconvenience of forum) to jurisdiction or venue
within the State of Florida for the purpose of litigation to enforce this Lease. Any
litigation arising between the parties shall be maintained solely in the state court
of competent jurisdiction in Monroe County, Florida.
32. Non -waiver of Breach. Lessor's failure to take advantage of any
default or breach of covenant on the part of Lessee shall not be construed as a
waiver of the breach, nor shall any custom or practice which may grow
between the parties in the course of administering this Lease be construed or to
waive or to lessen the right of Lessor to insist on the strict performance by Lessee
of any term, covenant or condition of this Lease, or to exercise any rights of
Lessor on account of any such default. A waiver of a particular breach or
default shall not be deemed to be a waiver of the same or any other
subsequent breach or default. The acceptance of rent shall not be, or be
construed to be, a waiver of any breach of
any term, covenant or condition of this Lease. The presentation of any rent or
other charge under this Lease in the form of a check marked by Lessee to
constitute a waiver of any default shall not constitute such waiver even though
endorsed and cashed by Lessor unless Lessor expressly agrees to waive such
default by separate written instrument No surrender of the Premises for the
remainder of the term of this Lease shall operate to release Lessee from liability
under this Lease.
33. Subordination By Lessee. This Lease and Lessee's rights under
this Lease, are made expressly subject and subordinate to all security
agreements, mortgages, ground or underlying leases, or like instruments resulting
from any financing or refinancing affecting the Premises or Building which are
currently in existence or which may be subsequently created by Lessor, or its
successors or assigns, including all extensions and renewals, substitutions, and
amendments thereof, and to all advances made or to be made under same
(collectively the "Mortgage"). This provision shall be self -operative without the
execution of any further instruments. Lessee agrees to execute any instrument or
instruments which the Lessor may deem necessary or desirable to further
evidence the foregoing subordination. Lessee irrevocably appoints Lessor as
attorney -in -fact for Lessee with full power and authority to execute and deliver
in the name of Lessee any such instrument which appointment shall be deemed
coupled with an interest and irrevocable. Lessee further agrees to make such
reasonable modifications to this Lease (not increasing Lessee's obligations under
this Lease) as may be requested by the holder of any such Mortgage (the
"Mortgagee"). Lessee agrees that in the event of any act or omission by Lessor
which could constitute a default by Lessor or
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give Lessee the right to terminate this Lease or claim a partial eviction, Lessee
shall not exercise any such right until (i) Lessee notifies Lessor in writing of such
default and Lessor fails to cure such default within thirty (30), or if such default
cannot reasonably be cured within such thirty (30) days; and (ii) until every
holder of any Mortgage is notified in writing of such default and fails to
commence to cure such default within thirty (30)days after all of Lessor's periods
to cure such default have expired. Lessee further agrees to execute any non -
disturbance or attornment agreement requested by any mortgagee or ground
lessor.
34. Affornment. In the event of any foreclosure of any mortgage
encumbering the Building, or deed in lieu of a mortgage, or sale of the Building,
Lessor shall be released from all liability under this Lease and Lessee shall attorn
to the purchaser at the time of any such foreclosure or sale and recognize the
purchaser as the Lessor under this Lease.
35. Estoppel Certificate. Within thirty (30) days after request by
Lessor, Lessee shall deliver to Lessor, in a form satisfactory to Lessor, a certificate
certifying:
(i) the good standing and absence of default under this Lease;
(ii) the absence of set -offs to charges under this Lease;
(iii) the validity and completeness of a copy of this Lease and all
amendments to be attached to the certificate;
(iv) the amount of pre -paid rent;
(v) the amount of security deposit;
(vi) the commencement and expiration dates of this Lease;
(vii) the dates and amounts of the last made and next due rental
installments; and
(viii) such other matters as Lessor shall request.
36. Time. It is understood and agreed between the parties that time is
of the essence of this Lease, and to all of its terms, conditions and provisions.
37. Transferability By Lessor. Lessor shall have the right to transfer and
assign, in whole or in part, all and every feature of its rights and obligations under
this Lease as part of a conveyance of the Building and underlying property, and
at the time of the assignment of this Lease or conveyance of the Building, the
Lessor named in this Lease shall be released from all subsequent obligations or
liabilities under this Lease, and Lessor's successor in interest shall become the
new Lessor under this Lease and responsible to Lessee for all obligations of
Lessor.
38. Amendment Of Lease. This Lease may not be altered, changed,
or amended, except by an instrument in writing, signed by the party against
whom enforcement is sought. This Lease and any exhibits contain the entire
agreement reached in all previous negotiations between the parties and there
are no other representations, agreements or understandings of any kind, either
written or oral, except as specifically set forth here.
39. Quiet Enjoyment. Lessee shall and may peaceably have, hold and
enjoy the Premises subject to the terms of this Lease and provided Lessee pays
the rental specified in this Lease and performs all the covenants and
agreements contained in this Lease.
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40. Kiosks and other Free Standing Buildings. In addition to the rights set
above, Lessor shall further have the right to construct and to lease free-standing
buildings in the common areas.
41. Sicinage and Window Treatments. Except with the prior written
consent of Lessor, the Lessee shall not erect, install, display, inscribe, paint or affix
any window treatments, signs, lettering or advertising mediums, in, on, or above
any exterior or interior portion of the Premises including, without limitation, the
store front as well as the exterior glass surfaces of the store front. Should Lessor
consent to Lessee's request herein, then Lessee, at its expense and subject to its
obtaining any required governmental permits and approvals, may place,
maintain, repair and replace within the Premises any signs that Lessee deems
appropriate or necessary. Lessor shall cooperate with Lessee's efforts to obtain
any permit, approval or consent necessary or desirable in connection with the
installation of any sign. Lessee further agrees to maintain such sign, awning,
canopy, decoration, lettering advertising or other things as may be approved
by Lessor in good condition and repair at all times.
42. Displays. The Lessee may not display or sell merchandise or allow
grocery carts or other similar devices within the control of Lessee to be stored or
to remain outside the defined exterior walls and permanent doorways of the
Premises. Lessee further agrees not to install any exterior lighting, amplifiers or
similar devices or use in or about the Premises any advertising medium which
may be heard or seen outside the Premises, such as flashing lights, searchlights,
loudspeakers, phonographs or radio broadcasts.
43. Parking. Lessee shall be responsible, at Lessee's sole cost and
expense, for the payment of all parking, impact or other fees related to Lessee's
use or occupancy of the Premises or Building.
44. Alarm Box. Should Lessee install an alarm box, that alarm box must
not be visible from the street.
45. Brokerage. Lessee represents and warrants that there are no
brokers involved in this Lease transaction except Coldwell Banker Schmitt Real
Estate Co. to whom commission shall be paid by Lessor by separate agreement.
Lessee agrees to indemnify, defend and hold Lessor harmless from and against
all costs, claims, liabilities, expenses or damages of any kind whatsoever
(including but not limited to attorney's fees and costs at all tribunal levels) arising
from any such brokerage claim made by any one other than the above named
broker.
46. Recording. Lessee or anyone claiming under Lessee shall not
record this Lease or any memorandum of it without the prior written consent of
Lessor. Lessor shall be entitled, but not required, to record a short form of
memorandum (the "Memorandum") of this Lease. Within ten (10) days of written
request by Lessor, Lessee shall execute Lessor's form Memorandum and promptly
return it to Lessor.
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47. Authority. If Lessee is a corporation, Lessee warrants that it is a
duly authorized and existing corporation, qualified to do business in the state of
Florida, and Lessee has full right and authority to enter into this Lease, and each
of the persons signing on Lessee's behalf are authorized to do so. Lessee shall
provide such proof of its corporate or legal entity status and qualification to do
business at such time(s) and in such form(s) as Lessor may reasonably require,
although Lessor has no duty of inquiry in this regard. In addition, Lessee warrants
that it is not necessary for any other person, firm, corporation, or entity to join in
the execution of this Lease to make the Lessee's execution complete,
appropriate and binding.
If this Lease is made by another form of legal entity, the Partners, Trustees
or other governing body thereof, has signed or duly authorized and directed the
signing of all papers and taken all actions necessary for the signing and delivery
of this Lease. This Lease is represented and warranted to be valid and
enforceable against Lessee without further inquiry from Lessor.
48. Severabillity. Inapplicability, invalidation, or unenforceability of
any one or more of the provisions of this Lease or any instrument executed and
delivered pursuant to this Lease, by judgment, court order or otherwise, shall in
no way affect any other provision of this Lease or any other such instrument,
which shall remain in full force and effect.
49. Effect of Unlawful Retention of Premises By Other. If Lessor is unable
to deliver possession of the Premises to Lessee on the Commencement Date
because of the unlawful retention of possession by a previous lessee, Lessor shall
not be liable to Lessee in damages or otherwise and this Lease shall not
terminate, but Lessee shall have no obligation to pay rent until possession of the
Premises is delivered to Lessee.
50. Binding Effect. Submission of this instrument for examination
does not constitute a reservation of or option for the Premises or an offer to rent
the same. The instrument becomes effective as a Lease only on execution and
delivery by both Lessor and Lessee.
51. Successors and Assigns. All of the terms and agreements
contained in this Lease shall be binding on and inure to the benefit of the parties
to this Lease, and their heirs, legal representatives, successors and assigns. Any
sale or transfer of the Premises by Lessor
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during the Term shall be made by an instrument that expressly refers to this Lease
as a burden on the Premises.
52. Joint and Several Obligations. If Lessor includes more than one
person or entity, the obligations shall be joint and several of all such persons and
entities.
53. Force Malleure. This Lease and the obligations of the Lessee
under this Lease shall not be affected or impaired and Lessor shall not be liable
in the event Lessor is unable to fulfill any of its obligations under this Lease or is
delayed in doing so if such inability or delay is caused by "force majeure." The
term "force majeure" as used in this Lease shall mean "Acts of God," labor
disputes (whether lawful or not), material or labor shortages, restrictions by any
governmental authority, civil riots, floods, acts of terrorism or other cause beyond
Lessor's control.
54. Interpretation. The captions, sections, clauses, article numbers,
section numbers and table of contents, if any, of this Lease are inserted for
convenience only and in no way limit, enlarge, define or otherwise affect the
scope or intent of the Lease or any provision of this Lease. The parties intend that
the interpretation and enforcement of this Lease be governed by the laws of
the State of Florida. If there is more than one Lessee, the obligations and
liabilities imposed on Lessee by this Lease shall be joint and several. The words
"Lessor" and "Lessee" shall also extend to and mean the successors in interest of
the respective parties and their permitted assigns, although this shall not be
construed as conferring on the Lessee the right to assign this Lease or sublet the
Premises or confer rights of occupancy on anyone. All charges due from Lessee
to Lessor under this Lease, including, without limitation, any charges against
Lessee by Lessor for services or work done on the Premises by order of Lessee,
except sales tax, shall be deemed additional rent shall be included in any lien
for rent, and shall be paid (including sales tax) without set-off or defense of any
kind. This Lease has been fully negotiated and reviewed by the parties and their
counsel and is the work product of both Lessor and Lessee; it shall not be more
strictly construed against either party. Provisions inserted in or affixed to this
Lease shall not be valid unless appearing in the duplicate original held by the
Lessor and initialed by the Parties. In the event of variation or discrepancy, the
Lessor's duplicate shall control. This Lease and the exhibits, schedules, addenda,
riders, and guaranty, if any, attached to this Lease are incorporated in this Lease
and set forth the entire agreement between the Lessor and Lessee concerning
the Premises and Building and there are no other agreements or understandings
between them. This Lease and its exhibits, schedules, addenda, riders, and
guaranty, if any, may not be modified except by agreement in writing executed
by the Lessor and Lessee Nothing in this Lease creates any relationship between
the parties other than that of lessor and lessee and nothing in this Lease
constitutes the Lessor a partner of the Lessee or a joint venturer or member of a
common enterprise with the Lessee. Wherever necessary to properly construe
this Lease, the use of the singular shall include the plural and the use of the
masculine shall include feminine.
55. Consents and Approvals. If, pursuant to any provision of this Lease,
the
consent or approval of either party is required to be obtained by the other
party, then, unless otherwise provided in this Lease, the party whose consent or
approval is required shall not
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unreasonably withhold, condition or delay its consent or approval.
56. Radon Gas Notification.
RADON GAS: Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of radon that exceed federal
and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your
county health department.
57. Limitation of Right of Recovery. In the event of a breach or default
by Lessor of any of its obligations under this Lease, Lessee shall look solely to
Lessor's equity interest in the Premises for the satisfaction of Lessee's remedies. It is
specifically understood and agreed that there shall be no personal liability of
Lessor or any member, director, officer, shareholder, partner, trustee,
beneficiary, employee or agent of Lessor with respect to any of the covenants,
conditions or provisions of this Lease.
58. Payment or Performance. Lessor shall have the right, on ten (10)
days prior written notice to Lessee (or without notice in case of emergency or in
order to avoid any fine, penalty, or cost which may otherwise be imposed or
incurred pursuant to this Lease), to make any payment or perform any act
required of Lessee under any provision in this Lease, and in exercising that right,
to incur necessary and incidental costs and expenses, including reasonable
attorney's fees. Nothing in this Lease shall imply any obligation on the part of
Lessor to make any payment or perform any act required of Lessee, and the
exercise of the right to do so shall not constitute a release of any obligation,
waiver of any default or obligation of Lessor to make any similar payment or
perform any similar act in the future. All payments made, and all costs and
expenses incurred in connection with Lessor's exercise of the right set forth in this
Section, shall be reimbursed by Lessee in accordance with the Prompt Payment
Act. Any such payments, costs and expenses made or incurred by Lessor shall
be treated as Additional Rent owed by Lessee.
59. Truth of Statements. Lessee warrants to Lessor and to anyone to
whom Lessor assigns this Agreement that each statement made by any Lessee
to Lessor in, and in connection with, this Lease is true.
60. Miscellaneous. Wherever necessary to properly construe this Lease,
the use of the singular includes the plural and the use of the masculine includes
the feminine.
61. Bankruptcy. Lessee acknowledges and confirms that, in any
bankruptcy it/he/she may file during the life of this Lease, that Lessee shall
provide Lessor with a consent to any motion for relief from the automatic stay
filed by Lessor concerning this Lease and further shall sign all documents and
take all steps necessary to provide Lessor with complete and total relief from the
automatic stay concerning this Lease, without delay, and Lessee's signature on
this Lease shall constitute that consent.
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62. No Reliance: Construction. Each of the Parties hereto hereby
declares that prior to the execution of this Agreement; they have apprized
themselves of sufficient relative data in order to intelligently exercise his/her own
judgments in deciding on the contents of this Agreement and whether to
execute this Agreement. Lessee acknowledge that its, his or her decision to
execute this Agreement, is not as a result of undue influence or duress, and not
predicated on or influenced by any declarations or representations not set forth
in this Agreement, by the Lessee, or any other person or party, or any
predecessors in interest, its successors, assigns, officers, directors, employees,
agents or attorneys. Each of the parties hereto hereby further acknowledges
and agrees that each of them has had significant input in the development of
this Agreement and this Agreement shall not, therefore, be construed more
strictly against any party responsible for its drafting.
63. No Agencies, Partnership or Joint Venture. Nothing in this
Agreement, nor acts of the Parties, shall be deemed or construed as in any way
creating a relationship including, without limitation, agency, partnership, joint
venture or any other similar relationship between the Lessor and Lessee.
64. Facsimiles and Counterparts. This Agreement may be executed in
one or more counterparts, all of which may be deemed an original and
together shall constitute one and the same Agreement. Facsimile copies with
original signatures may be used, however, all documents delivered pursuant
hereto must be originals.
65. Exhibits. All Exhibits attached hereto are incorporated herein as
though fully set forth and shall be considered a part of this Lease.
66. Ethics Clause: Lessor warrants that it has not employed, otherwise
had act on its behalf any former County officer or employee
subject to the prohibition of Section 2 of Ordinance No. 0 10- 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 Lease or otherwise
recover the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
67. Public Entity Crime: 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 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 $10,000.00)
68. This lease may be terminated by the lessee upon written ninety (90)
days notice to the Lessor that the lessee has obtained adequate
office space in a governmental building, but in no case shall lessee
terminate the lease prior to September 30, 2007, even if adequate
office space in a governmental building becomes available before
that date.
The parties certify that they have carefully read and understood every
word in this Lease and by signing agreed to faithfully comply with its provisions.
LESSOR: HILLSBOROUGH CENTER ASSOCIATES, I.I.C.
M
AIIS TO
TUN
j -5,` TORNEY Uil,111 A, �
[Signature] 17-14- --
[Printed name] Curtis A.,)KOMp Title: Property Manager
Date:
SEAL
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
Mayor/Chairman
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RULES & REGULATIONS — HABANA PLAZA COMMERCIAL TENANTS
Lessee agrees for itself, its employees, agents, clients, customers, invitees and
guests, to comply with the following rules and regulations. Lessee agrees that Lessor
may amend, modify, and delete the following rules and regulations or add new and
additional reasonable rules and regulations for the use and care of the leased premises,
the building of which the leased premises are a part, the parking and other common
areas and all of the Plaza. Lessee agrees to comply with all additional or modified rules
and regulations when Lessee receives notice from Lessor or Lessor posts them in a
place within the Plaza that Lessor may designate. In the event of any breach of any
rules and regulations set forth in this Lease or any amendments or additions to it,
Lessor shall have all remedies in this lease provided for default of Lessee.
Lessee covenants and agrees with Lessor that:
(1) Lessee shall not affix or maintain outside the leased premises, including the exterior
of the glass panes and supports of the show windows (and within six (6) inches of any
window), doors and exterior walls of the leased premises or any place within the leased
premises if intended to be seen from the exterior of the leased premises, any signs,
banners, advertising placards, names, insignia, notices, trademarks, descriptive material
or any other similar item or items, and Lessor shall have the right, without giving prior
notice to Lessee and without any liability for damage to the leased premises reasonably
caused by removal, to remove such items from the leased premises, unless Lessee shall
have first received Lessor's written approval as to size, type, color, location, copy,
nature and display qualities. No symbol, design, name, mark or insignia adopted by
Lessor for the Plaza shall be used without Lessor's prior written consent. No illuminated
signs located in the interior of any store and which are visible from the outside shall
advertise any product. All signs located in the interior of any store shall be in good
taste, so as not to detract from the general appearance of the store and the Plaza.
Lessee shall not use handbills for advertising at the Plaza;
(2) No awning or other projections shall be attached to the exterior walls of the leased
premises or the building of which they form a part;
(3) All loading and unloading of goods shall be done at the times, in the areas, and
through the entrances that Lessor shall designate for that purpose;
(4) All garbage and refuse shall be kept in the kind of container specified by Lessor,
shall be placed in the areas specified by Lessor and prepared for collection in the
manner and at the times and places specified by Lessor. If Lessor shall provide or
designate a service for picking up refuse and garbage, Lessee shall use same at
Lessee's cost and contribute a monthly pro rata share of the expense. Lessee will not
install or cause to be installed any automatic garbage disposal equipment without the
Lessor's prior written consent; any Tenant may not place trash outside of approved
container. Any tenant placing trash or debris outside an approved container will be
fined $100 per occurrence and Landlord may, at Landlords sole descression terminate
the Tenants lease.
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If Tenant needs to dispose of "Bulk Refuse" Tenant shall call Management Office to
arrange for disposal.
(5) No radio or television or other similar device shall be installed, and no aerial shall be
erected on the roof, on exterior walls of the leased premises, or on the parking area or
other common areas. Any such device or aerial, so installed, shall be subject to removal
without notice at any time;
(6) No loud speakers, televisions, stereos, radios or other audio devices shall be used in
a manner so as to be heard or seen outside of the leased premises without the Lessor's
written consent;
1'7) No auction, fire, bankruptcy or selling -out sales shall be conducted on or about tht
'eased premises without the Lessor's prior written consent;
(8) Lessee shall keep Lessee's display windows illuminated and signs and lights on the
storefront lighted every day of the term of this lease during the hours designated by
•
(9) Lessee shall keep the leased premises at a temperature sufficiently high to prevent
freezing of water in pipes and fixtures, and Lessee agrees at all times to maintain the
temperature of the leased premises consistent with the temperature in the building of
which the leased premises are a part, so as not to cause any decrease or increase in
the temperature in the building of which the leased premises are a part when same is
being heated or cooled, as the case may be;
(10) Lessee shall not place or permit any obstructions or merchandise including
newspapers, flyers, magazines or any other like material in any parking areas or other
common areas or in the service corridors, sidewalks, entrances, passages, courts,
corridors, elevators or stairways;
(11) Lessee and Lessee's employees shall not park their cars in the front parking lot,
the front parking lot is for the use Of "customers" only. Any Tenant or Tenants
employee parking in the front parking lot will be fined $100.00 per occurrence. Employee will be personally responsible for the payment of the fine. Lessee shall
furnish Lessor the state automobile license numbers assigned to Lessee's car or cars
and the cars of Lessee's employees within three (3) days of any request to do so by
Lessor;
(12) Lessee shall use at Lessee's cost the Pest extermination contractor that Lessor may
direct and at intervals that Lessor may require, provided the cost is competitive with
any similar service available to Lessee;
(13) In the event Lessor installs a supervised fire sprinkler alarm system for the
protection of Lessee and of the Plaza, Lessee agrees to pay its pro rata share of the
monthly alarm service charge;
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(14) In the event Lessor installs a security camera system for the protection of the
Lessee and of the Plaza, Lessee agrees to pay its Pro rata share of the monthly security
camera charge;
(15) Lessee will cooperate and participate in all security Programs affecting the Plaza;
(16) Lessee shall not make or permit any noise or odor which Lessor deems
objectionable to emanate from the leased Premises. No person shall use the leased
premises as sleeping quarters, sleeping apartments, or lodging rooms;
(17) Except for those exclusively for use by employees of Lessee which are not visible
from the sales area of Lessee or the exterior of the leased premises, Lessee shall not
operate any coin or token -operated devices such as, but not limited to, pay telephones,
pay lockers, pay toilets, scales, amusement devices and machines for the sale of
beverages, foods, candy, cigarettes or other commodities, without Lessor's prior written
consent;
(18) Lessee shall not place or maintain any temporary fixture for the display
merchandise in front of or within three (3) feet of any entrance to the leased premisel
Lessor shall have the right, without giving prior notice to Lessee and without any
liability for damage to the leased premises or Lessee's merchandise, to remove any
such fixtures from the leased premises, except those that shall have first received
Lessor's written approval as to size, color, location, nature and display qualities; and
(19) Lessee shall not make noises, cause disturbances or vibrations or use or operate
any electrical or electronic devices or other devices that emit sound or other waves or
disturbances, or create odors, any of which may be offensive to other Lessees and
occupants of the Plaza or that would interfere with the operation of any device or
equipment or radio or television broadcasting or reception from or within the Plaza or
elsewhere.
(20) Lessee"s hours of operations shall begin no earlier than 6:00 A.M. and end no later
than 2:00 A.M. on a daily basis.
(21) No consumption or open containers of any alcoholic beverages is allowed on the
common area of the premises.
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