06/01/1963 to 11/23/1998....06/01/1963
~~~~CR~ 283 PAGE272
SUB 1 E A S E
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'I'HIS INDENTUH.E OF' SUBLEASE, made and entered lnto this
1st day of JUne, A.D. 1963, by and between the Marathon Chamber
of Cornmerce, I'ilarathon, 1'10nroe County, Florida, hereinafter
called the Lessor, and Monroe County, hereinafter called the
Lessee.
WIT N E SSE T H:
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That the 1essor, for and in consideration of the rentals
hereinafter reserved and in further consideration of the
covenants hereinafter contained to be kept and performed by the
said Lessee, does hereby let and demise unto the said Lessee a
parcel of land at Illarathon, F'lorlda, adjolning the present
l'ilarathon Chamber of Cormnerce Hall and being a rectanc.;le parcel
of land 100 feet by 200 feet more particularly described as
folloi\Ts:
All that part of Lot Three (3), Section Ten (10)
and that part of Lot One (1), in Section Nine (9),
Townshj_p S:Lxty Sj_x (66), South of H.ange Thirty Two
(32), East, :Lncluded with:'Ln the followin;.:; described
tracts and containing four-tenths of an acre, more
or less. Commencing at a point of intersection
which would be a continuation of the Southerly wall
of the existini; Marathon Chamber of Commerce Hall
in an easterly direction, with the Easterly property
line of the existin::::; I/jarathon Chamber of ComL.erce
properties, said intersection to be known as the
point of beginning; thence Southerly along said
Easterly property line for a distance of 200 feet
to a point; thence Westerly and at right angles to
the preceding course line for a distance of
100 feet to a point; thence Northerly and at right
angles to the preceding course line for a distance
of 200 feet to a point; thence Easterly and at
rlght angles to the preceding course line for a
distance of 100 feet back to the point of beginning.
TO HAVE AND 'I'O HOLD the saj.d prernires and/or property
unto the said Lessee, cOillmenc:Lni; on the 1st day of June,
1963 and end1n;.: on the 23rd day of November.J A.D. 1990..."
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A.D.
advance on the 1st day of June, of each rental year.
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the Lessee ye:ildin[; and pay:Lnc; unto the Lessor a rental ~r: <..-I
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$1.00 per annUll~ for each year' of the said Suble~se, paya~~ i~
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Htf~Wo 283 PAGE273
The Lessee hereby covenants with the Lessor as follows:
(1)
To pay the rental herein reserved in the manner and at the
t:L:es here:l.nabove spec:i.f:i..ed, 1n lawful ;:1oney of the United States
of AL;er:Lca, and should said rental or any instalLlent thereof, as
heretn provided, remain due and unpaid for a period of ten (10)
consecutive days after the san,e shall have becOl.le due and payable,
the Lessor may, at its option, consider the Lessee a tenant at
sufferance and Lessor;"a~T L:r:,ediately enter upon said pre:nises and
take possession thereof, and in such event or in the event of any
other default by the Lessee upon the terms, conditions, and
covenants herein contained the Lessee shall not be entitled to
any refund, rebate, accounting for rents, or the repayment of
any sus whatsoever :i.n connection with, or by reason of, this
Sublease, or the Lessee's occupancy thereunder.
(2)
This Sublease shall not be assi~ned nor the premises sublet in
whole or in part, without the written consent of the Lessor,
either by outright assignment or sublease of san~, or by any
other means, directly or ind:Lrectly. Breach of this covenant
shall constitute a default under the ter~s of this Sublease,
entitling the Lessor, at its option, to exercise any of the
rights and privileges herein granted for the benefit of the
Lessor in the event of a breach of any of the covenants of this
Sublease.
(3)
The property and/or prendses shall be used by the Lessee
for the following purposes only, to wit:
Development of recreational facilities for the publiC
benefit and enjoyment. The property hereby subleased shall be
put into use for publiC purposes within 12 months from the date
hereof and used continuously thereafter for publiC purposes.
ThJ.s Sublease shall automatically terminate and the subleased
pre:;l~Lses revert to the Lessor in the event of any of the subleased
premises being used for cOi.lmercial or business purposes durj.ng
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~~~OCRlD' 283 PAGE 274
the term of this Sublease.
(4)
The said Lessee shall so conduct the operations of the
business as to exclude the emanation of obnoxious odors from
the premJ.ses and/or property. Breach of this covenant shall
const~L tute a default under the terms of this sublease, enti tlin
the Lessor, at its option, to exercise any of the ri~hts and
pri v1le:;es herein ranted for the tenefi t of' the Lessor in the
event of a breach of any of the covenants of this Sublease.
(5)
Said Lessee shall construct on said premises only such
structures" bu:Lldin.,;s and improvements as shall be prescribed
or approved by the Lessor. No additions" alterations or
:.i r;,provements shall be made unless the same shall have first been
approved in writinz by the Lessor.
(6)
The Lessee acrees to keep the interior and exterior of
said premises" ~ncludin all windows, doors, ;lass, interior walls,
pipes, Plumbing and electric wirin~" machinery, and other fixtures
and interior and exterior appurtenances, in sood and substantial
repair and clean condition.
en
The Lessee shall pron:ptly execute and comply w:L th all
statutes" ordinances, rules, orders, reculations and requirements
of the Federal, State and District Governments, and of any
anG all the:.i.r Departcrent3 a~ld Bureaus appLcable to ::;a:id pre:n:Lses,
for the correction, prevention and abatement of nuisances and
othel1
evances, in" upon, or connected with said premises,
c1ur5.l1 said tel'. " and sbal1 also pro:"iptly cOiT;J1y witb and
exec ute all rule s, orders and :('e,.,ula L.ons of the ~)outhea stern
Under~Jr~ters ASGoc~ation for the l)revention 01' f~res, at Lessee's
own cost and expense.
(0)
L' the Lessee shall abandon or vacate sa1d pre;.U.ses before tbe
end of the terLl of th:Ls Sublease, or shall 3u:C'i'er tbe rent to
be :Ln ar1'e31"3" th(; Lessor .lay, at :Lts option, .corth:v::th
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~~~~~'o 283 PAGE275
canceJ. tll~~U ~SLl';JJ42202"
fIOI)C~:; Of) oJcrlC;:{)~/J=~,de, ane) :~"ele-0 trlc
-)~7e', :~~~.. ~3 ,::; U ':;'J' :-':. t: l'1 or 1'j 1 t t10 u t; a n;;.;- L'u:en ~~_ t U.l~e OT"] e cl U J_l);~le n t t L18. t }"":2 ~r
be thereIn, at such
_co and upon such ters and for such
d.UI~at:_i_on at t.;jJ~-:e as tile IJeS[jOl~ Lla~l det811.':::Lr1C, anrj ~eece::_\le
t118 re~}t t~1creforJ 3
._~-'l G(1C ~jD.r~~e to ti1e l-18:1-G (~U8
these ~reG8nts, and _.f the full ~2n-Lal helleln reserved shalJ
tl0t 02 realizeC by the Lessor over and ~bove the expenses to
'L.t18 IJe:-:;~:)oJ.1-~ t1 E~c.ch I\?lett1n , Ga.:l.C: IJesc~ee shaJ1. :pa~,'- 8i1;,:
(12 .C:~c ~"_ 8t1C;/, ~pro"'v'ri. ded, tlo~"ie\fe ~C, ti'1a t a tl~l S Ul-:1 01'1 8 L'._~; S 0\78 r
and above the ilull z18i1tal l1erei.o reserved, after ha~~n.~
deCuc"Led th2 expense of [~uch relettin0, s~lalJ_ accrue to
the jenef:t of the Lessor.
c) )
The Lessee acrees that it will pay all charces and
costs :'.ncul'red b:/ 5t in the opel....at:1.on of the preuises and/or
pl'opeI"CY herein subleasec', or other';LiJe, anc that :Lt ,'.;ill
salle '~he sa:.l.cJ Lessor harl,11e3.J fro.. any acV,-on, su5.t OJ:' other
1e:a1 I)l'oceedin :.l.nst:Ltutecl ()y :1.ts cI'ec1itors, and that breach
of th~s covenant shall const tute a default under the terns
of this sublease, entitlins the Lessor, at its option, to
exe:{'c5s0 any of the r:l.:.-'hL., and pri vilsjos here.Ln .>'anted for
the benefit of the Lessor in event of a breach of any of the
covenants of this Sublease.
(10)
Lessee exp:('essl~T Vla::.ves all claL,s for in~jll.l'Y to his
person, el.;ployees, c1:1ents, customers, ,~uests, a.~ents or
servants, his or their property, caused fro~ any incident
occurin~ on or in the property of the Lessor covered by
this Sublease from whatever cause.
(11)
That the Lessee ~1~11
not penn:'. t
sa~Ld
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l)rerni ses
or any part thereof to be used so as to constitute a nuisance
or for any :111e,;al, :1.r:L~10ral, or :1.1;191....oper purpose, or :;.n
violations of any laws, rules or statutes of the United States
of Aoerica, State of Florida, County of Monroe, and will comply
with all laws and re3ulations 1n anywise affectinc or pertainin~
to the operation, use or occupancy of said premises.
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~t~~~'o 283 PAGE276
(12)
That
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shall not pay the rental herein reserved
at the t:Lli:.e and in the uanner stated herein, or shall fail to [ceep a
and pe:c'for;:: any other cond:Ltion, stipulation, or a:.:reement
here:l.n contained on the part of the Lessee to be performed,
or if the Lessee shall be adjud~ed voluntary bankrupt, or
,,1aLe an ass:L~nment for the benef:Lt of creditors, or should
there be appointed a receiver to take charce of Lessee's
property either in the State Courts or the Federal Court, then,
.J.n any such event or either of them, the Lessor may, at its
opt:Lon, term:l.na te and end this Sublease and re-enter the
del,ll sed preen::. ses VIi thout the necessi ty of
vine notjce or
of tan5n le;al proceedin.,s to acconlplish such re-entry upon
the property, v';hereupon, the ter:: hereby :::ranted and, at the
Lessor's option, all riGht, title and interest of the Lessee
hereunder, shall end, the Lessee shall becoL1e a tenant at
sui'ferance, or else, the Lessor may, at :l.ts opt:l.on, elect to
declare the entire rent for the balance of the ter:: or any
part thereof due and payable forthwith and may proceed to
collect the same, either by distress, foreclosure or other-
wise, and thereupon the said Lessor may take possession of
the sa:;.d prelll:i.ses and/or property, lncludJ..n:..; the chattels,
soods and personal property of the Lessee; the exercise of
any of the above privileses herein contained shall not be
deemed the exclusive remedy of the Lessor; the expression
lIentire rental for the balance of the termll a:J used here:Ln
shall Dean all of the rent prOVided to be paid by the
Lessee unto the Lessor for the full term of the Sublease,
less, hm.;ever, any payments that shall have been made on
account of and pursuant to the terms of sald Sublease. It
:1.s further a:~.:l"eed tha t in addj. t:1.on to the other re:ned:Les hepein
prescribed, that in event of the Lessee's default as aforesaid,
Lessor uay appl~T to a Court of cOLipetent juri sdle tion for the
apPo::.nt.ICent OI~ a Heee:L vel' to operate the least$d premj.ses durlns
the rema:il.l1der of the term.
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B~~~~b 283 PAGE277
(13)
The Lessor shall have the right at all times to enter upon
and construct, maintain and operate roads, paths, bridges,
automob:Lle parkin:.:: spaces, toilet houses and other sani tary
fac~_lities, electirc, telephone, telegraph, water and sewer
lines over any and all of the pieces and parcels of land the
use of which is granted hereunder, but not so as to destroy
or seriously interfere with the structures, buildings and
appurtenances theretofore constructed by the Lessee thereon.
(14)
It is further understood and agreed that if said
property, or any part thereof, shall ever be required for
public road purposes this Sublease may be cancelled in whole
or in part upon the Lessor ving to the Lessee ninety (90)
days' written notice that said property, or any part thereof,
is required for publiC road purposes. Provided, however, that
in the event of cancellation under the terms of this para:;raph
the Lessee shall have the right within a reasonable time to
remove all bU::l.ldin2;s and other property from the premises or
from such part thereof as is taken for public road purposes.
(15)
This Sublease shall not be cancelled, terminated or
mod11'ied by reason of fire, storm, hurricane, or for any
cause, w1thout the express consent of Lessor.
(16)
THE LESSOR HEHEBY COVENANTS ~'JITH THE LESSEE that,
cond:>.. tioned upon the performance by the Lessee of all the
terms, covenants and condit1ons herein contained to be
kept and performed on the part of the said Lessee, the said
Lessee shall have quiet and peaceful enjoyment and occupancy
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UFF'Cl 283 278
RECORD. PAGE
of the premises and all parts thereof.
IN \HTNESSl'JHEREOF, the parties have hereunto set
their hands and seals this gday of June, A.D. 1963.
As to Lessee
j1iARATHON eHAf.mER OF
(Lessor)
SiGned, sealed and delivered
in the presence of:
As to Lessor
WL..'M _1t.~~9-~
By;,
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