Loading...
08/01/1976 to 07/31/1986....07/26/1976 July 28, 1976 The Greater Marathon Challlber O~.Co.lIllllerCe 3330 Overseas Highway Marathon, Florida Dear Sir: Enclosed please find 2 o~iqitlal Cqpi~s. o.f~qQl.~asebElt1!eeIl the Marathon Chamber of .G.olllmerce .&114 J10,rU:~E\ GO,.UlltY. Which .was approved by the Board o! "Cou1'\tY Go,lQllli, SsJ,01'\e.rs at. the ir meeting on July 27. Please execute and returll .O,1'\e .signed co,PY t.o the IJnder::signe.d. Thank you. Very t~uly yours, RALPH W.., WH ITE Clerk of Circuit Court and ex officio Clerk _ Board of County Commissi~ners vp cc: file Enclosures SUB LEA S E THIS INDENTURE OF SUBLEASE, Made and entered into this 26 day of July , A. D. 1976, by and between the MARATHON CHAMBER OF COMMERCE, Marathon, Monroe County, Florida, hereinafter called the Lessor, and MONROE COUNTY, hereinafter called the Lessee. WIT N E SSE T H That the Lessor, for and in consideration of the rentals hereinafter reserved and in future 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 Marathon, Florida, 100 feet wide and North of the present Marathon Chamber of Commerce Recreation building, and being more particularly described as follows: A portion of that property formerly leased by the OVERSEAS ROAD AND TOLL BRIDGE DISTRICT to the MARATHON CHAMBER OF COMMERCE being a part of Govern- ment Lot I, Section 9, Township 66 South, Range 32 East, on KEY VACA, Marathon, Monroe County, Florida, and being a strip of land 100 feet wide and lying Northerly of the existing Marathon Chamber of Com- merce Recreation building, the Easterly boundary being the Easterly boundary line of the property heretofore leased by the OVERSEAS ROAD AND TOLL BRIDGE DISTRICT to the MARATHON CHAMBER OF COMMERCE; the Southerly line being a line 100 feet long and perpendicular to said Easterly property line of the MARATHON CHAMBER OF COMMERCE and lying 50 feet Northerly of the Northerly wall of said l1ARATHON CHAMBER OF COMMERCE RECREATION BUILDING; the Northerly boundary of which shall be the shoreline of the Bay of Florida. TO HAVE AND TO HOLD the said premises and/or property unto the said Lessee, commencing on the 1st day of August, A.D. 1976, and ending on the 31st day of July, A.D. 1986, the Lessee yield- ing and paying unto the Lessor a rental of $1.00 per annum for each year of the said Sublease, payable in advance on the 1st day of August, of each rental year. The Lessee hereby covenants with the Lessor as follows: 1. To pay the rental herein reserved in the manner and at the time hereinbefore specified, in lawful money of the United States of America, and should said rental or any installment thereof, as herein provided, remain due and unpaid for a period of ten (10) consecutive days after the same shall have become due and payable, -2- the Lessor may, at its option, consider the Lessee a tenant at sufferance and Lessor may immediately enter upon said premises and take possession thereof, and in such event or in the event of any other default by the Lessee upon the terms, conditions, and coven- ants herein contained, the Lessee shall not be entitled to any refund, rebate, accounting for rents, or the repayment of any sums whatosever in connection with, or by reason of, this Sublease, or the Lessee's occupancy thereunder. 2. This Sublease shall not be assigned nor the premises sublet in whole or in part, without the written consent of the Lessor, either by outright assignment or sublease of same, or by any other means, directly or indirectly. Breach of this covenant shall con- stitute a default under the terms 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 premises 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. This Sub- lease shall automatically terminate and the subleased premises revert to the Lessor in the event of any of the subleased premises being used for commercial or business purposes during 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 premises and/or property. Breach of this covenant shall constitute a default under the terms 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- 5 . Said Lessee shall construct on said premises only such structures, buildings and improvements as shall be prescribed or approved by the Lessor. No additions, alterations or improvements shall be made unless the sane shall have first been approved in writing by the Lessor. 6. The Lessee agrees to keep the interior and exterior of said premises including all windows, doors, glass, interior walls, pipes, plumbing and electric wiring, machinery, and other fixtures and interior and exterior appurtenances in good and substantial repair and clean condition. 7. The Lessee shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and District Governments, and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention and abatement of nuisances and other grievances, in, upon, or connected with said premises, during said term, and shall also promptly comply with and execute all rules, orders and regulations of the Southeastern Underwriters Association for the prevention of fires, at Lessee's own cost and expense. 8. If the Lessee shall abandon or vacate said premises before the end of the term of this Sublease, or shall suffer the rent to be in arrears, the Lessor may, at its option, forthwith cancel this Sublease, by force or otherwise, and relet the premises with or without any furniture or equipment that may be therein, at such price and upon such terms and for such duration of time as the Lessor may determine, and receive the rent therefor, applying the same to the rent due by these presents, and if the full rental herein reserved shall not be realized by the Lessor over and above the expenses to the Lessor in such reletting, said Lessee shall pay any deficiency, provided, however, that any sum or sums over -4- and above the full rental herein reserved, after having deducted the expense of such reletting, shall accrue to the benefit of the Lessor. 9. The Lessee agrees that it will pay all charges and costs incurred by it in the operation of the premises and/or property . herein subleased, or otherwise, and that it will save the said Lessor harmless from any action, suit or other legal proceeding instituted by its creditors, and that breach of this covenant shall constitute a default under the terms of this Sublease, entitling the Lessor, at its option, to exercise any of the rights and privi- leges herein granted for the benefit of the Lessor in event of a breach of any of the covenants of this Sublease. 10. Lessee expressly waives all claims for injury to his person, employees, clients, customers, guests, agents or servants, his, or their property, caused from any incident occurring on or in the property of the Lessor covered by this Sublease from what- ever cause. 11. That the Lessee will not permit said demised premises or any part thereof to be used so as to constitute a nuisance or for any illegal, immoral, or improper purpose, or in violation of any laws, rules or statutes of the United States of America, State of Florida, County of Monroe, and will comply with all laws and regula- tions in anywise affecting or pertaining to the operation, use or occupancy of said premises. 12. That if the Lessee shall not pay the rental herein re- served at the time and in the manner stated herein, or shall fail to keep and perform any other condition, stipulation, or agreement herein contained on the part of the Lessee to be performed, or if the Lessee shall be adjudged voluntary bankrupt, or make an assign- ment for the benefit of creditors, or should there be appointed a receiver to take charge of Lessee's property either in the State -5- Courts or in the Federal Court, then, in any such event or either of them, the Lessor may, at its option, terminate and end this Sublease and re-enter the demised premises without the necessity of giving notice or of taking legal proceedings to accomplish such re-entry upon the property, whereupon, the term hereby granted and, at the Lessor's option, all right, title and interest of the Lessee hereunder, shall end, the Lessee shall become a tenant at sufferance or else, the Lessor may, at its option, elect to declare the entire rent for the balance of the term or any part thereof due and payable forthwith and may proceed to collect the same, either by distress, foreclosure or otherwise, and thereupon the said Lessor may take possession of the said premises and/or property, including the chattels, goods and personal property of the Lessee; the exercise of any of the above privileges herein contained shall not be deemed the exclusive remedy of the Lessor; the expression "entire rental for the balance of the term" as used herein, shall mean all of the rent provided to be paid by the Lessee unto the Lessor for the full term of the Sublease, less, however, any pay- ments that shall have been made on account of and pursuant to the terms of said Sublease. It is further agreed that in addition to the other remedies herein prescribed, that in event of the Lessee's default as aforesaid, Lessor may apply to a Court of competent jurisdiction for the appointment of a Receiver to operate the leased premises during the remainder of the term. 13. The Lessor shall have the right at all times to enter upon and construct, maintain and operate roads, paths, bridges, automobile parking spaces, toilet houses and other sanitary facili- ties, electric, 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 con- structed by the Lessee thereon. -6- 14. It is further understood and agreed that if said property, or any part thereof, shall ever be required for public road pur- poses, this Sublease may be cancelled in whole or in part upon the Lessor giving the Lessee 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 paragraph, the Lessee shall have the right within a rc~sonable time, to remove all buildings and other property from th~ premises or fro~ such part thereof as is taken for public road purposes. 15. Lessee shall have the right to cancel this Sublease by giving Lessor 30 days notice in writing of such intention to cancel. 16. The Lessor hereby covenants with the Lessee that, condi- tioned upon the performance by the Lessee of all the terms, coven- ants and conditions herein contained to be kept and performed on the part of the said Lessee, the said Lessee shall have quiet and peace- ful enjoyment and occupancy of the premises and all parts thereof. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals, this ~ day of July , A.D. 1976. Signed, Sealed and Delivered in the Presence of: MARATHON CHAMBER OF COMMERCE ( ssor) By (Seal) Attest: As to the Lessor MONROE COUNTY, FLORIDA essee) By C air- Com- As to the Lessee (Seal) e Circuit Monroe , Florida, and ex officio Clerk of the Board of County Com- missioners.