Resolution 312-1989
RESOLUTION NO. 312 -l989
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AUTHORIZING THE
MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A LEASE
AGREEMENT BY AND BETWEEN THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AND F. JAMES CHAPLIN AND
BETTYE B. CHAPLIN REGARDING THE CHAPLIN BUILDING,
MARATHON, FLORIDA.
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 by and between the Monroe
County Board of County Commissioners and F. James Chaplin and
Bettye B. Chaplin, regarding the Chaplin Building (upstairs),
5192 Overseas Highway, Marathon, Florida, a copy of same being
attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the "6,.<< day of ~,
, A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
,w~414~
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
~;.~1'-&~
[7' " I 9
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APNlOVED A$ TO FORM
AND LEG,4L !JVFFItfE/IICY.
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BY . "2;~ , / /
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THIS AGREEMENT, entered into this 18th
day of April
, 19 89
between F. James Chaplin and Bettye B. Chaplin
5190 Overseas Highway, Marathon, Fl. 33050
, hereinafter called the lessor,
party of the first part, and Monroe County
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 said lessee, and said lessee
does hereby hire and take as tenant (s) under said lessor Room or Space
5192 Overseas Highway (Upstairs), Marathon, Florida 33050 and having approximatel
5,000 square feet.
No.
situate in State of Florida , to be used and occupied by the lessee as
OFFICES and for no other purposes or uses whatsoever, for
the term of One year , subject and conditioned on the provisions of
clause ten of this lease beginning the eighteenth day of April
1989 ,and ending the seventeenth day of April , 19 90
at and for the agreed total rental of Sixty-two Thousand, ~ Hundred ~ and no/lOO
Dollars, payable as follows:
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12
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Five Thousand, Two Hundred KmxXJ and no/lOO
($5,200.00) PER MONTH
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shall be paid within 30 days of due date
all payments to-ee-maae--te-tfle-.l-e~-the-first-daT'Of-eaeh-and-every-month-m-ad Ya.U\;~ without
demand at the office of CHAPLIN REAL ESTATE , 5190 Overseas Highway in the City of
Marathon, Florida 33050 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:
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FIRST: The lessee shall not assign this lease, nor sub-let the premises, or any part thereot nor use the same,
or any part thereof, nor pennit 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 bursting 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 promptly execute and comply with all statutes, ordinances rules,
orders. regulations and requirements of the Federal, State and City Government and of any and all their Depart-
ments :md 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 with and
execute all rules, orders and regulations of the applicable fire prevention codes for the prevention of fires, at
own cost and expense.
FOURTH: In the event the premises shalI 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 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 ~pon
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
shall at the option of the lessor, work a forfeiture of this contract, and all of the rights of the lessee hereunder:
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SIXTH: 11 the lessee shall abandon or vacate said premises before the end of the term of this lease, or shall
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 liable in any way therefor, and relet the premises with or without an)'
furniture that may be therein, as the agent of the lesseel at such price and upon such terms and for such duration of
time as the lessor mav determine, and receive the rent tnerefor, applying the same to the pannent of the rent due by
these I?resents, and it the full rental herein provided shall not be realized by lessor over and above the expenses to
lessor In such re-letting, the said lessee shall pay any deficiency, and if more than the full rental is realized lessor will
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.
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EIGHTH: The lessee agrees that he will pay all charges for rent, gas, electricity or other illumination, and for
all water used on said premises, and should said charges for rent, liglit or water herein provided for at any time
remain due and unpaid for the space of five days after the same shall have become due, the lessor may at its option
consider the said lessee tenant at sufferance 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.
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.
TENTH: It is hereby agreed and understood between lessor nnd lessee that in the event the lessor decides
to remodel, alter or demolish all or any part of the premises leased hereunder, or in the event of the sale or long
term lease of all or any part of the ; requiring this space, the lessee hereby agrees to vacate
same upon receipt of sixty (60) days' written notice and the return of any advance rental paid on account of this
lease.
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 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, altera-
tions, or additions, which do not conform 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,l before the end of said term the lessor is hereby irrevocably authorized at its option, to forthwitli cancel this
lease, as tor a default. Lessor may elect to accept rent from such receiver, trustee, or other judicial officer during the
term of their occupancy in their fiduciary 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 terms 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.
TWENTY-SECOND: Lessee shall, at his expense, keep the premises in good order
and repair during the term of the lease, including, but not limited to cracked and
broken glass, air-conditioning, doors, locks, plumbing and electrical, repairing or
replacing with similar or better size or quality.
TWENTY-THIRD: Lessee agrees to carry general liability insurance in the
amount of $ 100,000/$200,000 per person for bodily injury and $ 100,000 per
occurence for property damage, as per F.S. 768.28.
TWENTY-FOURTH: Lessee has the option to renew the lease for One (1) Year with
an increase based on CPI of the past year.
TWENTY-FIFTH: This lease may be terminated by the Lessee upon the following
conditions:
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1. Written notice of intention to terminate said lease shall be given to the
Lessor not less than One Hundred Twenty (120) days prior to such termination,
and
2. Written confirmation shall be given to the Lessor that the Lessee has
obtained adequate office space in a governmental building.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the
purpose herein expressed, the day and year above written.
Signed, sealed and Jelivered in the presence of:
5/'~~
R/vtck- ~L
As to Lessor
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TWENTY-SIXTH: Lessee agrees to pay to Lessor $ 50.00 per month for water
service,
TWENTY-SEVENTH: Lessee agrees to pay for garbage service.
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DANNY L. KOLHAGE, CLERK
As to Lessee
Lessee
STATE OF
FLORIDA
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aJ.WI.w.DM TO FORM
AND LEGAL SUFFICIENCY.
H / :J1<ll-tC/
ice
BY
County of
MONROE
Before me, a Notary Public in and for said State and County, personally came F. James Chaplin
( Seal
(Seal
( Seal
( Seal
and Bettye B. Cha?lin ~ me
well known and known to be the person~ named in the foregoing lease, and they ,,'. .
....-,.-.
acknowledged that they executed the same for the purpose therein expreslled'.;/!'~jr :"
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my officialll~.!*__ J/.l~:t.i~c...vt:L
,\.;,il!"" ' ,,'
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/ Notary Public ~.j';~" ~>. ~:,
My commission exptre!l
day of
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'/l/l:r IWlmmml prepared hy: F. James Chaplin, OWNER
Address 5190 Oven:r,s Highway, Marathon, Florida
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