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10/25/1991 Lease ~annp lL. Itolbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STR~ET KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 October 30, 1991 Mrs. Sandra Higgs Monroe County Tourist Development Council Post Office Box 866 Key West, FL 33041 Dear Mrs. Higgs: On October 25, 1991, the Board of County Commissioners of Monroe County approved and authorized exe- cution of a Business Lease with First State Bank of the Florida Keys for administrative office facilities for the Tourist Development Council at 3406 North Roosevelt Boulevard in Key West. Enclosed are two duplicate originals of the sub- ject Business Lease, now executed and sealed by all parties. One of these documents should be sent to First State Bank; the other is for your own files. Sincerely yours, Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk Board of County Commissioners By: Rosalie L. onnolly Deputy Clerk Enclosures cc: County Attorney County Administrator Finance Director File BUSINESS LEASE TIllS AGREEMENT, entered into this ~ day of tP~ , 1991, by and between First State Bank of the Florida Keys, hereinafter called the lessor, party of the first part, and the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS for the MONROE COUNTY TOURIST DEVELOPMENT COUNCIL, an advisory council to said BOARD, hereinafter called the lessee or tenant, party of the second part; WITNESSETH, that the said lessor does this day lease unto said lessee, and said lessee does hereby hire and take as tenant under said lessor the office building as shown on Exhibit "A", attached hereto and made a part thereof, situated at 3406 North Roosevelt Boulevard, Key West, Monroe County, Florida, to be used and occupied by the lessee as offices of Tourist Development Council Administrative Services and for no other purpose or uses whatsoever, for the term of three (3) years with a 2-year option to renew under same terms and conditions, except rent and electricity which shall be renegotiated at mutually acceptable rates, contingent upon concurrence by the lessor that said spaces are deemed ready for occupancy, then beginning on the first (1st) day of December, 1991, and ending on the thirtieth (30th) day of November, 1994 at and for the agreed base rental of Thirty Three Thousand ($33,000.00) dollars per annum payable to First State Bank of the Florida Keys at 1201 Simonton Street, Key West, Florida, 33040, as follows: Three Thousand (3,000) square feet at Eleven ($11.00) dollars per square foot, Two Thousand Seven Hundred Fifty dollars ($2,750.00) per month, plus any applicable sales taxes; payable within thirty (30) days of each due date; commencing on December 1, 1991 until November 30, 1994, or, if the said spaces are not deemed ready for occupancy on December 1, 1991, the terms of this Agreement shall be amended to reflect the new lease commencement and ending dates. CPI escalator shall be utilized after completion of the first year not to exceed four percent (4%) per year. The Base Price Index shall be an average of the first active year of the lease. The Price Index shall mean the Consumer Price Index for "All Items" shown on the U.S. City Average for Urban Wage Earners and Clerical Workers (Including Single Workers) as promulgated by the Bureau of Labor Statistics of the U.S. Department of Labor, using the year 1967 as a base of 100. In addition to the base rent above lessee agrees to pay a pro rated portion of monthly electricity and illumination charges on the building (and sales taxes, if applicable). Such amount shall be determined based upon lessee square footage as the percentage of the square footage utilized by the bank. Under no event shall this charge be for more than $562.50 per month plus any applicable sales taxes. FIRST: All additions, fixtures, or improvements which may be made by lessee, shall not be made without lessor's consent, except movable office furniture, shall become the property of the lessor and remain upon the premises as a part thereof, and be surrendered with the premises at the termination of this lease unless otherwise agreed upon by the parties hereto. SECOND: All personal/government owned property placed or moved in the above-described premises shall be at the risk of the lessee or owner thereof, and the lessor shall not be liable for any damage to said personal! government property. - 1 - THIRD: 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 ninety (90) 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. FOURTH: Lessee shall have the right to sublet the premises for the duration of the term of this lease for services related directly to the Tourist Development Council subject to the lessor's approval. FIFTH: Lessee agrees to pay the cost of collection and attorney's fee on any part of said rental that may be collected by suit or by attorney, after the same is past due. SIXTH: Lessee agrees to pay rent each month within thirty (30) days of each due date. Should charges for rent herein provided for at any time remain due and unpaid for the space of thirty (30) 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. SEVENTH: The lessor, or any of his 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 preservation 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 thirty (30) days before the expiration of this lease. The right of 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. In addition, lessor has the right to reasonable access to all common areas within the leased premises. EIGHTH: 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 they 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 of lessee, or of any person or persons in the employ or under the control of the lessee. NINTH: 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. TENTH: 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 here. - 2 - ELEVENTH: 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 of this contract. TWELFTH: 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 foneit any of the said rights. THIRTEENTH: 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. FOURTEENTH: All deposits for utilities will be paid by lessor. Lessor shall provide, a their cost, water and sewer service, solid waste service, and employee parking to Lessee. FIFTEENTH: All charges for any pennits or impact fees required for any alterations to building made by lessee or for any sign age to be placed on property or building by lessee, shall be the responsibility of and paid for by lessee. SIXTEENTH: Any Federal, State, County, or City requirements for "Safety In The Workplace", including fire prevention, fire extinguishers, etc. for which lessee is required to comply, shall be at expense of lessee. SEVENTEENTH: Lessor, by the authorized signature below, certifies that it is the sole owner of fee simple title to the leased premises. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year first above written. ~' Signed" Seale~, and deliver~d in the p~ ___ /~e:A12~Ld~) \,~ ,/, ^ ~ (ov~'- First State Bank of the Florida Keys MONROE COUNTI BOARD OF COUNTI COMMISSIONERS (SEAL) ATTESn DANNYL.KOLHAGE,CLERK _.- _,_4..___ ~_ \.U .t.~.J ~~~6~,\ ,-- ~q. \ By Mayor I Chainnan By - 3 - ~-.. I ' \ ::~ "~:l>l!t"''''''i>'Qll'''';'''''''''~'''''hi"i'''l~,~~H;'''''~'~iifm:Wll~l'~r~~~,"'",., I 'f ~-..l ~__~H_"" '.".. .. 'l:-rl'=,~ ,'. -.."...'It:- I-~-::::J; I . -,.. :1 ' _un=-' , -......-T.." 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