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Resolution 094-1989 Monroe County Commission RESOLUTION NO. 094 -1989 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A LEASE AGEEMENT BETWEEN LOMA ALTA CORPORATION AND THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CONCERNING OFFICE SPACE IN MARATHON FOR THE STATE ATTORNEY. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute a Lease Agreement between Loma Alta Corporation and the Board of County Commissioners of Monroe County, Florida, a copy of same being attached hereto and made a part hereof, concerning office space in Marathon for the State Attorney. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the ~~+ day of ~,.u.""'j , A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY. /)//~A t1A YOR (Seal) Attest :DANNX L. KOLHAGE, ~lerk . .." ("""o() .~-=' r fi1 ~--;l '=' "1 .., LD ,-:.) ; -.) :::J ~~ " J -':J 1 :-., C;:) ~ : ','J "-j a #..L ~~/~~ ERK AAf('fl,.~ AND EG 'L~. BY Attorney's 011_ LBASB AGRBBNBNT state of Florida } } County of Monroe } This Lease Agreement entered into this day of . 1989, between LOIIA ALTA CORPORATION, party of the first part, hereinafter called the Lessor, and the BOARD OP COUNTY COMMISSIONERS OF NONROB COUNTY, PLORIDA, party of the second part, hereinafter called the Lessee. WITNESSETH: That the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by the Lessee, has demised and leased to the Lessee, for the term and under the conditions hereinafter set out, those certain premises in Marathon, County of Monroe, Florida, described as follows: 2805 Overseas Highway, The Professional Building, Marathon, Florida, which shall constitute an aggregate area of 1,435 square feet of net rentable space at the rate of $11.75 per square foot per year. I. TERM: To have and to hold the above-described premises for a term of two years commencing on February 1, 1989, to and including January 31, 1991. II. RENTALS: The Lessor hereby leases to the Lessee 1,435 square feet and the Lessee hereby leases from the Lessor the above-described premises for the term set out in this Lease and the Lessee hereby agrees to pay the Lessor the sum of $1.405.10 per month for the rental periOd described in Article I of this Lease. Rent shall be due and payable on or before the last day of each month beginning with the first full month of occupancy. A monthly invoice will be sent to the Board of county commissioners, Monroe County, Key West, Florida, by the State Attorney's Office, Key West, Florida, on or before the 10th day of the month in which the rent is due, in order that the Board of County Commissioners will have ample time for processing the monthly rental check. The rental shall be paid to the Lessor and mailed along with a pretyped deposit slip to Loma Alta Corporation. c/o The First National Bank of the Florida Keys. Marathon. Florida, prior to the last day of the month so that it is received at Lessor's bank on or before the last day of the month. Invoices and deposit slips will be provided to the Off ice of the state Attorney, P.O. Box 1086, Key West, Florida 33041-1086, by the Lessor, (see Exhibit itA" attached and made a part hereof). III. HBATING. AIR CONDITIONING. AND JANITOR SERVICBS: (1) The Lessor agrees to furnish to the Lessee heating and air conditioning equipment and maintain same in 1 satisfactory operating condition at all times for the leased premises during the term of the Lease at the expense of the Lessor. (2) The Lessor agrees to furnish janitorial services and all necessary janitorial supplies for the leased premises during the term of the Lease at the expense of the Lessor. This does not include hand towels, toilet paper, or hand soap. IV. LrGBT FrXTURES: The Lessor agrees to install in the demised premises light fixtures for the use of the Lessee. The Lessor shall be responsible for the replacement of all bulbs, lamps, tubes and starters used in such fixtures for the purpose of furnishing light. V. MArNTENANCE AND REPArRS: (1) The Lessor shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this Lease, keep the interior of the demised premises in as good a state of repair as it is at the time of the commencement of this Lease, reasonable wear and tear and unavoidable casualties excepted. (2) The Lessor shall maintain and keep in repair the exterior of the demised premises during the term of this Lease, and shall be responsible for the replacement of all windows broken or damaged in the demised premises, except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agents, or employees. (3) The Lessor shall maintain the interior and exterior of the demised premises so as to conform to all applicable health and safety laws, ordinances, and codes which are presently in effect and which may subsequently be enacted during the term of this Lease and any renewal periods. VI. UTrLrTrES: The Lessor will promptly pay all water, power, and electric light rates or charges which may become payable during the term of this Lease for the water, power, and electricity used by the Lessee on the premises. VII. ALTERATrONS: The Lessee shall have the right to make any alterations to the demised premises during the term of this Lease upon first having obtained the written consent thereto of the Lessor. The Lessor shall not capriciously withhold the consent to any such alterations. VIII. rNJURY OR DAMAGB TO PROPBRTY ON PREHrSBS: All property of any kind that may be on the premises during the continuacy of this Lease shall be at the sole risk of the Lessee and except for any negligence of the Lessor, the Lessor shall not be liable to the Lessee or any other person for any injury, loss, or damage to property or to any person on the premises. -2 IX. FIRE AND OTHER HAZARDS: (1) In the event that the demised premises, or the major part thereof are destroyed by fire, lightening, storm, or other casualty, the Lessor at its option may forthwith repair the damage to such demised premises at its own cost and expense. The rental thereon shall cease until the completion of such repairs and the Lessor will immediately refund the pro rata part of any rentals paid in advance by the Lessee prior to such destruction. Should the premises be only partly destroyed, so that the major part thereof is usable by the Lessee, then the rental shall abate to the extent that the injured or damaged part bears to the whole of such premises and such injury or damage shall be restored by the Lessor as speedily as is practicable and upon the completion of such repairs, the full rental shall commence and the Lease shall then continue the balance of the term. (2) The Lessor shall provide for fire protection during the term of this Lease in accordance with the fire safety standards of the state Fire Marshal. The Lessor shall be responsible for maintenance and repair of all fire protection equipment necessary to conform to the requirements of the state Fire Marshal. The Lessor agrees that the demised premises shall be available for inspection by the state Fire Marshal, prior to occupancy by the Lessee, and at any reasonable time thereafter. X. EXPIRATION OF TERM: At the expiration of the term, the Lessee will peaceably yield up to the Lessor the demised premises in good and tenantable repair. It is understood and agreed between the parties that the Lessee shall have the right to remove from the premises all personal property of the Lessee and all fixtures, machinery, equipment, apurtenances, and appl iances placed or installed on the premises by it, provided the Lessee restores the premises to as good a state of repair as they were prior to the removal. XI. SUBLETTING AND ASSIGNKENT: The Lessee upon the obtaining of the written consent of the Lessor, which written consent shall not capriciously be withheld, shall have the right to sublet all or any part of the demised premises, or to assign all or any part of the demised premises. XII. NOT CONSENT TO SUE: The provisions, terms, or conditions of this Lease shall not b construed as a consent of Monroe County to be sued because of said leasehold. XIII. WAIVER OF DEFAULTS: The waiver by the Lessor of any breach of this Lease by the Lessee shall not be construed as a waiver of any subsequent breach of any duty or covenant imposed by this Lease. XIV. RIGHT OF LESSOR TO INSPECT: The Lessor, at all reasonable times, may enter into and upon the demised premises for the purpose of viewing the same and for the purpose of making any such repairs as they are required to make under the terms of this Lease. xv. BREACH OF COVENANT:" These presents are upon this condition, that, except as provided in this Lease, if the Lessee shall neglect or fail to perform or observe any covenant herein contained, which on the Lessee's part is to be performed and such default shall continue for a period of thirty days after receipt of written notice thereof from the 3 Lessor to the Lessee, then the Lessor lawfully may, immediately, or at any time thereafter, and without further notice or demand, enter into and upon the demised premises, or any part thereof and repossess the same as of their former estate and expel the Lessee and remove its effects forecfully, if necessary, without being taken or deemed to be guilty of any manner of trespass and thereupon this demise shall terminate but without prejudice to any remedy which might otherwise be used by the Lessor for arrears of rent or for any breach of the Lessee's covenants herein contained. XVI. ACKNOWLEDGEMENT OR ASSIGNMENT: The Lessee upon the request of the Lessor shall execute such acknowledgement or acknowledgements, or any assignment, or assignments, of rentals and profits made by the Lessor to any third person, firm or corporation, provided that the Lessor will not make such request unless required to do so by the Mortgage under a mortgage or mortgages, executed by the Lessor. XVII. AVAILABILITY OP FUNDS: The obligations of the Lessee under this Lease Agreement are subject to the availability of funds lawfully appropriated annually for its purposes. XVIII. USE OP PREMISES: The Lessee will not make or suffer any unlawful, improper or offensive use of the premises or any use of occupancy thereof contrary to the Laws of the state of Florida or to such Ordinances of Monroe County now or hereinafter made, as may be applicable to the Lessee. XIX. RENEWAL: The Lessee is hereby granted the option to renew this Lease for an additional two years upon the same terms and conditions except that the amount of monthly rent is renegotiable at the end of the first two years. If the Lessee desires to renew this Lease under the provisions of this Article, it shall give the Lessor thirty (30) days written notice thereof prior to the expiration of the Lease. XX. RIGHT TO TERMINATE: The Lessee shall have the right to terminate, without penalty, this Lease in the event a County-owned building becomes available to the Lessee for occupancy during the term of said Lease for the purposes for which this space is being leased in Monroe County, Florida, upon giving two months advance written notice to the Lessor by certified Mail, Return Receipt Requested. . XXI. NOTICES: All notices required to be served upon the Lessor shall be served by certified mail, return receipt requested, at P. O. Box 8105, Dallas, TX 75205, and all notices required to be served upon the Lessee shall be served by certified mail, return receipt requested, at the Office of the state Attorney, P. O. Box 1086, Key West, FL 33041-1086. XXII. DEFINITION OF TERMS: (1) The terms "lease", "agreement" shall be inclusive of include any renewals, extensions Lease. "lease agreement" , or each other and shall also or modifications of this (2) The term "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto. 4 (3) The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits. XXIII. ADDITIONAL TERMS: No additional covenants or conditions form a part of this Lease. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. ORIGINAL SIGNATURES REQUIRED ON ALL COPIES. Signed, Sealed and Delivered in the presence of LESSOR: LOMA ALTA CORPORATION witness By: Title: wITNESS BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA BY: cHAIRMAN APPROVED AS TO FORM AND LEGALITY: GENERAL COUNSEL, MONRO COUNTY, FLORIDA, ( BY: Attest: ~f-'/I- .1 0, / 919 Ap oval Date Clerk 5 EXHIBIT A. La 6210 NORTH CENTRAL EXPRESSWAY DALLAS, TEXAS 75206 . 21.../36e-5264 INVOICE TO: RE: Board of Commissioners Monroe County Key West, Florida 33040 The Professional Building 2805 Overseas Highway Marathon, Florida 33050 DESCRIPTION BALANCE Rental for State Attorncj'~ Marathon, Florida ,..."',... UI I I t.~ $1,405.10 Month of February, 1989 Remit to: Lorna Alta Corporation - Vendor #036785 c/o First National Bank of the Florida Keys P. O. Box 98 Marathon, Florida 33050 LOMA ALTA CORPORATION 8-84 P. O. BOX 8105 DALLAS, TeXAS 75206 _.l1t"':.h~;f':i , ~It;~~>i:.l . . ~l.tEl.' 11' . . :~.t}:,6'i~.?1 Board ~l~!~Ol 610 DEPOSIT TICKET DA TE~________________19_ Checks and other ~ems are received lor deposit subjecr to ,he provisions of the Unilorm Commercial Code or any applicable colleclion ogreement. 1,405 10 (!).. flllt .otlo.ol bo.k. _ ..... . of the flolldo kay. . "'1';. matathon. fl. 330.50 h' 0 0 2 2 r ~ II' OlD 0 0 2 5 q 'i' B 1110 b ".'''M............."..,,,,.,,_....