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Resolution 289-1989 ~ Monroe County Commission ",,--- RESOLUTION NO. 289 -1989 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL AND KEYS ADVERTISING & MARKETING, INC. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board hereby approves an Agreement between the Monroe County Tourist Development Council and Keys Advertising & Marketing, Inc., a copy of which is attached hereto and made a part hereof. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the d.3r~ day of ~:J ' A. D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: .lii/~a (Seal) . Clerk Attest: ;DANNY ~ ~OLHAGE. ~,' - . 1.,- ", ~~~L Lr.nl" J '.'r;', -'"8 1:.. v \I ,_ - i ,Ill O. uClJJ.Jd dJ.:l 0311.:1 AGREEMENT THIS AGREEMENT is made and entered into this ~.?;,.J.., day of ~o... ~ . 1989. by and between the MONROE COUNTY TOURIST DEVELOPMEN COUNCIL, an advisory council duly appointed by the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (herein- after referred to as the "TDC") and KEYS ADVERTISING & MARKETING, INC., a Florida corporation (hereinafter referred to as "KEYS"). WITNESSETH: WHEREAS, the Board of County Commissioners of Monroe County, Florida (hereinafter referred to as the "Board") has authorized and directed the Chairman of the TDC to enter into this exclusive professional services agreement with KEYS, pursuant to Monroe County Resolution No. ~ 8'9-/98'f ' passed and adopted on ;?14~ ~3 , 1989; and WHEREAS, KEYS represents that it is fully capable and qualified to render the professional services which are the subject of this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: 1. Term - Renewal. The term of this Agreement is for a period of thirty-six (36) months, commencing on May 31, 1989, and terminating on May 3D, 1992. The TDC shall, with the consent of Board, have the option of renewing this Agreement by written notification to KEYS at least six (6) months prior to the expiration date. Said renewal shall be for an additional two (2) years on the same terms and conditions as herein set forth; provided, however, that the parties shall have agreed to a renegotiated amount of the Monthly Service Payment to be paid to KEYS during said renewal period. 2. Compensation and Method of Payment. A. Monthly Service Payment. TDC shall pay KEYS the sum of FIFTEEN THOUSAND ONE HUNDRED SEVENTEEN AND 58/100 ($15,117.58) DOLLARS on the commencement date of the term of this Agreement, and on the first day of each month thereafter, during the term of this Agreement. The Monthly Service Payment shall represent payment for all expenses pertaining to maintaining an office and shall include but not be limited to phones, rent, utilities, supplies, insurance, furniture and fixtures and whatever may be required to operate a complete tourist adminis- trative office as described in Exhibit A. The Monthly Service Payment shall also represent payment for personnel, payroll costs and benefits for the Director, Administrative Assistant and Administrative Secretary. Upon TDC approval of employment of a District Adminis- trative Assistant Coordinator and a Sales and Marketing Coordina- tor, Monthly Service Payments to KEYS shall be increased by the sums of TWO THOUSAND THREE HUNDRED EIGHTY-THREE AND 33/100 ($2,383.33' DOLLARS and TWO THOUSAND EIGHT HUNDRED SIXTEEN and 67/100 ($2,816.67' DOLLARS respectively. This sum shall be decreased in the event of the subsequent loss of personnel is not remedied within thirty (30' days. KEYS shall be obligated to refill these positions as soon as possible upon direction and approval of TDC. The monthly service payment shall also be increased by the amount, if any, by which office rental for KEYS shall in- crease during the term hereof in excess of the Consumer Price Index in the event the TDC approves an extension and renewal of the lease. Current rental is TWO THOUSAND ONE HUNDRED TWENTY ($2,120.00' DOLLARS per month. If after May 31, 1991, the Board elects to furnish comparable quarters then the amount KEYS is currently paying for rental shall be deducted from the Monthly Service Payment. The aforementioned monthly payments shall be adjusted on the next and subsequent anniversary dates of this agreement to reflect the increase, if any, in the cost of living by adding to such monthly payment an amount obtained by multiplying the monthly payment by the percentage of increases established by the Consumer Price Index. Consumer Price Index shall mean the average for "all items" shown on the "U.S. City average for urban 2 wage earners and clerical workers (including single workers), all items, groups, subgroups and special groups of items" as pro- mulgated by the Bureau of Labor Statistics of the United States Department of Labor, using the year 1988 average as a base year. B. Other reimbursable expenses. TDC shall, in addition to the aforementioned payments, reimburse KEYS for bulk mailing postage; and shall reimburse KEYS' employees for all reasonable travel (excluding director) and meals (inside of Monroe County), and TDC approved travel, meals, and lodging expenses (outside of Monroe County), incurred in connection with the services provided herein by KEYS, in accordance with rates established by Florida State Statutes and Monroe County Administrative Orders. Any other expenses, not included in the Monthly Service Fee, together with any other extraordinary purchases or expenditures for which reimbursement shall be sought, shall be subject to prior approval by the TDC and the Board of County Commissioners. C. Availability of funds. All obligations shall be subject to the availability of funds under taxes imposed under F. S. subsection 125.0104 and the limitations in Monroe County Code subsection 2-299(d', and it shall be KEYS responsibility to advise TDC if funds are not available. 3. Functions and Services. KEYS shall provide the follow- ing services for the Bed Tax - 02 cents (generic) and Bed Tax - 03 cents (District) programs, which shall be subject to the overall direction, change, review and guidance of the TDC: A. Administration, maintenance and supervision of a full-time office located in Key West, Florida and exclusively used for TDC activities. Hours of business from 9: 00 A.M. to 5:00 P.M. Monday through Friday, excluding holidays observed by state and local government shall be maintained; B. Provide and maintain a staff adequate to satisfac- torily complete duties and responsibilities assigned by TDG, as more fully set forth in paragraph 5 below; C. Representation of TDC in tourist development matters in accordance with TDC policy and directives; 3 D. Coordination of advertising, public relations, telemarketing and market research agency functions; E. Dissemination of TDC information in response to requests from members of the public, subj ect to public records law; F. Preparation and maintenance of TDC documents, records and reports as required by TDC or the Board. G. Creation and maintenance of a policy and procedure service manual, and internal enforcement thereof; H. Preparation of annual TDC budgets in accordance with all state laws and local ordinances; I. Coordination of TDC participation in trade shows and similar events, both nationally and internationally; J. Supervision, coordination and follow-up of appli- cations for TDC funding; K. Provide assistance in the coordination and intercommunication among the Districts and their Advisory Commit- tees; L. Provide assistance in the maintenance of Tourist Information Service agreements; M. Provide financial information necessary for the TDC to act upon requests in a financially sound manner as it relates to events requests; and N. Provide financial information necessary for the TDC to act upon requests for advertising, marketing, and public relations expenditures. 4. Professional Service Nonassignable. This contract was awarded for professional services of the contractor and its award was based upon the professional qualifications of Sandra Higgs, its principal officer. The contract is not assignable or trans- ferable by KEYS. Sale of KEYS is a material breach of this agreement. KEYS shall, during the term of this agreement, refrain from political activity in the TDC office. The standards set forth in F.S. subsection 104.31 shall govern the conduct of KEYS and its officers with respect to political activity. 4 5. Personal Services Staff. In conjunction with meeting its services and functions responsibility hereinabove set forth, KEYS shall utilize its best efforts to maintain an adequate staff, which include a director, administrative assistant and administrative secretary. Upon execution of this agreement, KEYS shall diligently pursue the employment of two additional staff members, at the direction of TDC, to fill the positions of District Administrative Assistant Coordinator and Sales and Marketing Coordinator. KEYS and its employees and directors, during the term of this Agreement shall refrain from any politi- cal activities at any time in its office. Thereafter, KEYS shall maintain a fully staffed administrative office. Those ethical standards prescribed for public employees in F.S. subsection 112.311 et seq., which pertain to the behavior of KEYS officers and employees shall govern. 6. Independent Contractor. KEYS shall be, and act as, an independent contractor, and the employees of KEYS shall not be considered to be employees of TOC or of Monroe County. 7. Standards of Conduct. KEYS covenants and agrees that it shall at all times comply with all applicable state and local laws, rules, regulations and ordinances governing its conduct as an independent contractor with a public agency, and shall not knowingly allow the breach or violation thereof by any of its officers, directors or employees in regard to work performed under this Agreement. 8. Policies and Procedures. TDC will be advised, at its request, as to the status of work being done by KEYS and of the details thereof. The closest collaboration and cooperation shall be maintained by KEYS with authorized representatives of TDC. Any party to the Agreement may request and be granted a confer- ence with responsible officials of any other party. TDC will have the right to visit the site for inspection of the work during KEYS' office hours. Unless changed by written agreement of the parties, the location of the site shall be 416 Fleming Street, Key West, Florida. Records of cost incurred under terms of this Agreement, if other than a fixed price, and for which 5 reimbursement is sought, shall be presented to the County and thereafter be maintained by the County. Copies of these docu- ments and records shall be furnished to TDC upon request. 9. Proprietary Rights. Total records, as defined in F.S. Chapter 119, prepared or obtained under this Agreement, shall be the property of TDC without restriction or limitations on their use; and shall be made available, promptly upon request, to TDC. All records prepared hereunder shall be subject to the provisions of Fla. Stat. Chap. 119. 10. Termination. Either party shall have the right to cancel this Agreement without cause at its sole discretion upon ninety (90) days written notice to the other party. Neither party shall have the right to collect damages or to secure other judicial remedies. Termination by TDC of KEYS contract without cause shall entitle KEYS to receive the sum of FIFTY-SEVEN THOUSAND TWO HUNDRED TWENTY-SEVEN AND SEVENTY-THREE ONE HUNDREDTHS DOLLARS ($57 ,227 . 73), which sum shall be in full and comp lete compen- sation for all entitlements under the contract and is equivalent to three (3) months of the monthly service payment and three (3) months of the Director's base pay as described in Exhibit A (the proposal). TDC agrees to assume the present attached lease under the present terms and conditions at KEYS request only during a notice period. Either party may terminate this agreement for good cause shown (defined as a material breach). The terminating party may provide a period of notification prior to the effective date of the termination or may elect to terminate at once. Such grace period following the notice of termination shall not in any event affect either parties' rights to collect damages or to secure other judicial remedies. The following events shall also work in termination of this Agreement, to-wit: A. The filing by KEYS of a voluntary petition in bankruptcy; 6 B. The institution of proceedings in bankruptcy against KEYS and the adjudication of KEYS as a bankrupt pursuant to such proceedings; C. The appointment of a receiver for KEYS' assets. In the event the termination with cause was later determined to be without cause, then the payments provided for termination without cause shall apply and the entitlement shall be KEYS exclusive remedy. 11. Compliance with Laws - Nondiscrimination. KEYS shall comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in the performance of work under this Agree- ment. This Agreement shall be subject to all federal, state, and local laws and ordinances. 12. Force Majeure. KEYS shall not be liable for delay in performance or failure to perform, in whole or in part, the services due to the occurrence of any contingency beyond its control or the control of any of its subcontractors or suppliers, including labor dispute, strike, labor shortage, war or act of war (whether an actual declaration thereof if made or not), insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, accident, fire, explo- sion, storm, flood, drought or other act of God, act of any governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or materials or supplies, or techni- cal failure where KEYS has exercised reasonable care in the prevention thereof, and any such delay or failure shall not constitute a breach of this Agreement. Upon demand of TDC, KEYS must furnish evidence of the causes of such delay or failure. KEYS shall thereafter resume its performance hereunder as soon as such resumption is reasonably practicable. 13. Governing Law. This Agreement shall be governed and construed by and in accordance with the laws of the State of Florida and constitutes the entire agreement between TDC and KEYS. No amendment to this Agreement shall be effective or bind 7 either TDC or KEYS unless set forth in writing and signed by all of the parties. No representation or statement not expressly contained in this Agreement shall be binding upon KEYS or TDC as a warranty or otherwise. 14. Venue Arbitration. All actions brought under or pursuant to this Agreement shall be brought in a court of compe- tent jurisdiction in Monroe County, Florida; provided, however, that the parties may mutually agree in writing to arbitration of any dispute on the condition that, at the time of the dispute, both parties have agreed in writing to be bound by the determina- tion of the arbitrator(s). 15. Antiso1icitation. KEYS warrants that no person has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee and that no member of the Monroe County government or the TDC has any interest, financially or otherwise in KEYS or its subcontractors. 16. Indemnification and Save Harmless. KEYS hereby agrees to indemnify and save harmless Monroe County and the TDC from any and all claims arising out of any activities in furtherance of this contract which activities were not expressly directed, ratified or approved by the TDC. It is agreed that with respect to any activities undertaken in good faith by KEYS, the TDC agrees that it shall waive its indemnification rights under this Agreement on a case by case basis. 17. Referrals. KEYS shall make no referrals, except to USA 800, and the advertising and public relations agencies of record, or one of the tourist centers under contract to the TUC in the five districts. 18. Severability. If any provision of this Agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the applica- tion of such provision other than those as to which it is invalid or unenforceable, shall not be affected thereby; and each pro- vision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 8 KEYS offices shall be used solely for TDC 19. Offices. business during the term of this agreement. 20. Any violation of any of the provisions herein shall be deemed a material breach of the agreement and shall constitute grounds for termination with cause. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their names, and seals impressed herein, by their proper officials, in Monroe County, Florida, all as of the day and year first above written. MONROE COUNTY TOURIST DEVELOPMENT COUNCIL ~L- .( /~ /)~ 'iJ 41 ~ M ~~".f Witnesses BY~ a~rman KEYS ADVERTISING AND MARKETING, INC. ??ya h,~ (/t2/n 7Y~ 7'/ A .; ~Wi?:;S~ BLJ)cm~lL \l~ Presiden APPROVED BY MONROE COUNTY ~- By mayor ~' n - 6Y 9 .., OJ 0' U :J m OJ > '... .., f1l I- .., UI '.... e: '.... E U <I .... '.... u e: :J o u .., e: OJ E 0. o OJ > OJ o .., UI '.... I- :J o t- > .., e: :J o u tIJ o l- e: o E UI .... f1l .., o t- > I- 111 OJ > 000000 000000 . . . . . . 000000 000000 1010000..t .. . .. .. .. .. f'.;ttum.o'" .;ttutu...tu..t I- OJ D E OJ .., 0. 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HIBIT A o o f' In 0- l\I .0 - o o .... .... 00 rrJ ..t tu III tu ..t .0 ..t tu 111 III 00 If) f' .... rrJ o ru III l\I ..t .0 ..t tu 111 III 00 10 f' .... [I) o tu III l\I ..t .0 .;t l\I 10 III 00 111 f' [I) o l\I III l\I ..t . .0 .;t lU 111 III 00 111 f' rrJ o ru III l\I ..t .0 ..t lU 111 III 00 10 f' rrJ o ru III lU ..t .0 .;t lU 111 III 00 Ifl f' [I) o ru III 111 .., o I- GI III e: GI o x W 0' e: '.... .., 111 l- II o o .., OJ 0' U :J 00 .... 111 .., 0. I- ~usincss 1ficas~ THIS AGREEMENT, entered into this 30th day of May ,1989 between JAMES A. FLENNER , hereinafter called the lessor, party of the first part, and KEYS ADVERTISING & MARKETING, INC. of the County of MONROE and State of FLORIDA hereinafter called the lessee or tenant, party of the second part: WITNESSETH, That the said lessor does this day lease unto does hereby hire and take as tenant under said lessor Room Rooms 1, 2, 3 & 4 said lessee, and said lessee or Space No. situate in Key West State of Florida , to be used and occupied by the lessee as and for no other purposes or uses whatsoever, for , subject and conditioned on the provisions of day of June 1st office spaces the term of two years clause ten of this lease beginning the 19 89 ,and ending the 31st at and for the agreed total rental of Dollars, payable as follows: On the fifth day of each month. day of May Two Thousand Dollars Per ,1991 I, Month + sales tax tota11in $2,120.00 For The First Year. * Tenant shall have the option to renew the lease for an additional one year, to May 31, 1992 at an additional C.P.I. increase in rent. * For the second year,such monthly rental shall increase by the then current Consumer Price Index, over and above the base rent of the first year. all payments to be made to the lessor on the first day of each and every month in advance without demand at the office of James A. Flenner, 416 Fleming Street in the City of Key West, Florida or at such other place and to such other person, as the lessor may from time to time designate in writing. The following express stipulations and conditions are made a part of this lease and are here- by assented to by the lessee: FIRST: The lessee shall not assign this lease, nor sub-let the premises, or any part thereof nor use the same, or any part thereof, nor permit the same, or any part thereof, to be used for any other purpose than as above stipu- lated, nor make any alterations therein, and all additions thereto, without the written consent of the lessor, and all additions, fixtures or improvements which may be made by lessee, except movable office furniture, shall be- come the property of the lessor and remain upon the premises as a part thereof, and be surrendered with the prem- ises at the termination of this lease. SECOND: All personal property placed or moved in the premises above described shall be at the risk of the lessee or owner thereof, and lessor shall not be liable for any damage to said personal property, or to the lessee arising from the burstin~ or leaking of water pipes, or from any act of negligence of any co-tenant or occupants of the building or of any other person whomsoever. THIRD: That the tenant shall prol1!ptly execute and comply with all statutes, ordinances rules, orders, regl!lations and requirements of the Federal, State and City Government and of any and all their Depart- ments and Bureaus applicable to said premises, for the correction! prevention, and abatement of nuisances or other grievances, in, upon or connected with said premises during saia term; and shall also promptly comply \Vitp and execute all rules, orders and regulations of the applicable fire prevention codes for the prevention of fires, at 1 t R own cost and expense. FOURTH: 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 sha1l have the right to render said premises tenantable by repairs within ninety 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. FIFTH: The prompt payment of the rent for said premises upon the dates named, and the faithful observ- ance of the rules and regulations printed upon this lease, and which are hereby made a part of this covenant, and of such other and further rules or regulations as may be hereafter made by the lessor, are the conditions upon which the lease is made and accepted and any failure on the part of the lessee to comply with the terms of said lease, or any of said rules and regulations now in existence, or which may be hereafter prescribed by the lessor sha1l at the option of the lessor, work a forfeiture of this contract, and all of the rights of the lessee hereunder: . SIXTH: If the lessee shall abandon or vaca~e sa~d premise~ before the ~nd of the tenn of this lea!le, or s~all suffer the rent to be in arrears the lessor may at hIS option, forthWIth cancel thIS lease or he may enter saId premIses as the agent of the lessee, without being li~ble in any way there{or, and relet the premises with or withou~ any furniture that may be therein, as the agent. of the lessee1 at such pnc~ and upon such terms and for such duratIon of time as the lessor may detennine and receIve the rent tnerefor, applYlDg the same to the paY!Dent of the rent due by these llresents, and if the full re~tal herein provided sha~l not be r~alized by lessor over and a~ove t!J.e expenses ~o lessor lD such re-letting, the said lessee shall pay any defiCIency, and If more than the full rental IS realIzed lessor wJ11 pay over to said lessee the excess of demand. SEVENTH: Lessee agrees to pay the cost of collection and ten per cent attorney's fee on any part of said rental that may be collected by suit or by attorney, after the same is past due. EIGHTH: The lessee agrees that he will p'ay all charges for ren~, gas, electricity o~ other !llumination, and, for all water used on said premises, and should saId charges for rent, lIglit or water herelD proVIded for at .any tI~e remain due and unpaid for the space of five days after t~e same shall have becom.e due, the lessor ~ay at Its optIOn consider the said lessee tenant at sufferance and the entIre rent for the rental perIod then next ensulDg shall at once be due and payable and may forthwith be collected by distress or otherwise. NINTH: The said lessee hereby pledges and assigns to the lessor all the furniture, fixtures, goods and chattels of said lessee, which shall or may be brought or put on said premises as security for the payment of the rent herein reserved, and the lessee agrees that the said lien may be enforced by distress foreclosure or otherwise at the election of the said lessor, and does hereby agree to pay attorney's fees of ten percent of the amount so collected or found to be due, together with all costs and charges therefore incurred or paid by the lessor. etwe lesso\';and 1 ee~a 'nifFh v.~n. t hel! Iss deci s re . s leas~cr her der, n th vent the e or g : requiring t' space e Ie e he y agr to ate nd the~eturn any a ance ntal p d on ,a oun f this ELEVENTH: The lessor, or any of his agents, shall have the right to enter said premises during all reason- able 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 exhibi~ said premises, and to put or keel? upon the doors or windows thereof a notice "FOR RENT" at any time within thirty (80) days before the expIration of this lease. Tbe right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, altera- tions, or additions, which do not confonn to this agreement, or to the rules and regulations of the building. TWELFTH: 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 are 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 fix- ture, 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. THIRTEENTH: It is expressly agreed and understood by and between the parties to this agreement, that the landlord shall not be liable for any damage or injury by water, which may be sustained by the said tenant or other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other tenant or agents, or employees, or by reason of the breakage, leakage, or obstruction of the water, sewer or soil pipes, or other leakage in or about the said building. FOURTEENTH: If the lessee shall become insolvent or if bankruptcy proceedings shall be begun by or against the lessee,/ before the end of said tenn the lessor is hereby irrevocably !,-uthorized at its optio~, t~ forthwitli can~el this lease, as lor a default. Lessor may elect to accept rent from such receIver, trustee, or other JudICIal officer dunng the tenn of their occupancy in their fiduciaIT capacity without affecting lessor's rights as contained in this contract, but no receiver, trustee or other judicial officer shall ever have any right, title or interest in or to the above described property by virtue of this contract. FIFTEENTH: Lessee hereby waives and renounces for himself and family any and all homestead and ex- emption rights he may have now, or hereafter, under or by virtue of the constitution and laws of the State of Florida, or of any other State, or of the United States, as against the payment of said rental or any portion hereof, or any other obligation or damage that may accrue under the tenns of this agreement. SIXTEENTH: This contract shall bind the lessor and its assigns or successors, and the heirs, assigns, personal representatives, or successors as the case may be, of the lessee. SEVENTEENTH: 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 herein. EIGHTEENTH: It is understood and agreed between the parties hereto that written notice mailed or deliv- ered 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. NINETEENTH: 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 forfeit any of the said rights. TWENTIETH: 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. TWENTY-FIRST: It is hereby understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first submitted to the lessor for approval be- fore installation of same. jJu J~ "I n :I ~I 1-- 1 / I :ll..l .5 tjJHIJ.17~- F.;li"J " 1'W'ENTY SECm "essee shall have the right to assign this 1, :0 Monroe County, 'Florida, upon such assignment Lessee shall be released from all obligations under the 1ea6e. . TWENTY THIRD: Lessor shall provide at his cost water and sewer service, solid waste service & employee parking to Lessee. Lessee shall pay for electric service. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose h~ein expressed, the day and year above written. ed, sealed and de 'ted In the pres" "of: . · zt!. / c:-- \-? ~:t~k ~~.t4Z-t'(/(Seal J I Lessor ( Seal / '" llb'LhLjl~~~t. r' & ~r \ , re' ,-:: , !tlJJ eh (Senl STATE OF t=\o'('\ C\(LrJ County of (Yl 0 11 yo e_ I Before me, a Notary Public in and for said State and County, personally came ::.:I; Yl/\ ~ 5 l!..J=' \ \<",~ A..\.,pAi< i",:) ... I'iIMVdi"\j; L., (J..... q""I,. \Ii. ~ < ) I " ' JJ~ well known and known to be the persoIL-L named in e foregoing lease, and -\-.It (> , , acknowledged that. ~-\., c> . \ executed the Bame for the purpose therein expressed. p ~ .1 -F.' to me IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official Beal the ':) O-\~ day of Me. " .'9~ n ~ ~~.4-~ 1l1l:r Im/m111et1/ prepared hy: AddreJJ Notary Public ,.__.~_._- ___......_.~__.__'........-,.------r---.-- My commission expires .___ , WOJARY PUBLIC STAlE OF HOIlIPft "Y CO""ISSIOIl EXp. "AR 16.19~1 BONDED THRU GEIlERAl INS. U/1[).