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Resolution 592-1989 RESOLUTION NO. 592 1989 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A RENEWAL OF A LEASE AGREEMENT BY AND BETWEEN THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND F. JAMES CHAPLIN AND BETTYE B. CHAPLIN FOR SPACE IN THE CHAPLIN BUILDING, 5160 OVERSEAS HIGHWAY, 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 renewal of a lease agreement by and between the Monroe County Board of County Commissioners and F. James Chaplin and Bettye B. Chaplin for office space for the Supervisor of Elections (approximately 1500 square feet) in the Chaplin Building, 5160 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 //t:J day of t?~~~, A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By /!1tvt;{d 41~ Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk ~~~/fl.~ P;NOvJ ! i '__~ _.; ~ I .::: 171: Z d 6l 180 68, ~ ~ ltSilt.eSS THIS AGREEMENT, entered into this II-#:I, ]li.enst . day of 0 e-/:t) be r- , 1989 between F. JAMES CHAPLIN AND BETTYE B. CHAPLIN, 5190 OVERSEAS HIGHWAY, MARATHON, FLORIDA 33050 , hereinafter caBed 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 under said lessor Room or Space 5160 OVERSEAS HIGHWAY, MARATHON, FLORIDA 33050 (CHAPLIN BUILDING) AND HAVING APPROXI- MATELY 1500 SQUARE FEET OF SPACE. No. situate in MARATHON State of FJ,ORTnA , to be used and occupied by the lessee as COUNTY OFFICES and for no other purposes or uses whatsoever, for the term of ONE (1) YEAR , subject and conditioned on the provisions of clause ten of this lease beginning the FOURTEENTH day of JULY 1989 , and ending the THIRTEENTH day of JULY , 1990 at and for the agreed total rental of FIFTEEN THOUSAND, ONE HUNDRED SIXTY-SEVEN AND 28CEN S Dollars, payable as follows: ONE THOUSAND, TWO HUNDRED SIXTY-THREE AND NINETY-FOUR CENT ($1,263.94) PAYABLE WITHIN THIRTY (30) DAYS OF EACH DUE DATE, COMMENCING ON 14 JULY 1989 UNTIL 13 JULY 1990. 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 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: 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 bo 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 premi!';es above described shall be at the risk of the lessee or owner thereof, and lessor shall not be Jiable 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 whom~;oever. TIlIHU: That the tenant !,hall pro"!ptly 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 and Bureaus applicable to said premises, for the correction~ prevention. and abatement of nuisances or other grievancc!!, in, uponl or connected with said premises during saia term; and shall also promptly comply with and execute all rules, oraers and regulations of the applicable fire prevention codes for the prevention of fires, at own cost and expense. FOURTH: In the event the premises shall be destro~'ed or so damaged or injured by fire or other casualty during' the life of this agreement, whereby the same shall be rendered untenantahle, 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 optiollal 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 sueh fire or casualty. The cancellation herein t\lentioned 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 leaRe, and which are hereby made a part of this covenant and of sueh other onll 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 tenns 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: SIXTH: rr the le88ee 8hollabllndon or vaca.te 8a~d premise,! before the ~nd of the term of this lea.Re, or 8~all 8uffer the ren'. . I' I orrear8, the le88C?r m~y, at hIs option, forthwIth cancel thIs leas" or he may ~nter ROI~ premIses os the agent , eS8ee, wIthout bemg hable III any way therefor, alld relet the es wIth or wlthou~ ony furniture that may be therelll os the agent of the les8ee, at such pnce and upon such .". '''U and for such durntlOn of Hme a8 the lesllor may determine, and rec~lve the. rent t lerefor, npplyi~g the some to t1~e payment of the rent due by these ('re8ent8 olld if the full rental herem provIded shall not be realized by lessor over and above the expenses to leRsor m 8uch ;e.letting, the said lessee sholl pay any deficiency, and if more than I.he full rental is realized lessor will pay over to Raid leBsee the exceS8 of demand. SEVENTH: Lessee altTeeS to )Iay the cost of collection and ten per cent attorney's fee on any part of snld rentnl that may be collected by suit or by attorney, after the snme Is past due. EIGHTH: The II's8ee ogree8 I.hot he will flOV 011 charges for nml, gas, electricily or other illumination, and for 011 water uRed on soi~ premhles, and should sailf charges for relit, light or water herein provided for at .ony li!ne remain due and unpaId for the space of five doys after the same shall have become due, the leRsor may at Its optIon consider the said lessee tenont ot sufferance and the entire rent for the rental period then next ensuing sholl at once be due and payable and may forthwith he collected by distre8s or otherwise. NINTH: The sold lessee hereby pledges and asslltns to the lessor all the furnIture, fixtures, goods and chnttel~ of snld lessee, which sholl or may be brought or put on 6nl<l prcmises liS security for the payment of the rent herein reserved, and the lessee agrees that the slIlt! lien may be enforced by distress foreclosure or otherwisc at Ihe election of the said lessor, and does hereby agree to pay attorney's fees of ten percent of the amount so colleeled or found to be due, together with all costs and chnrges therefore Incurred or paid by the lessor. TENTH: It Is hereby agreed nnd understood between lessor nnd lessee thnt III the event the lessor decides to remodel, alter or demolish all or ony pnrt of the premises leased hereunder, or In the event of the sale or long term leose of all or any pr.rt of tho_ ; requiring this space, the lessee hereby agrees to vacate snme upon receipt of sixty (60) dars' written notice and the return of any advance rental paid on account of thIs lense. ELF1VENTII: The lessor, or any of his agents, shnJl have the right to enter saId premises durIng all reason. able hours, to examIne the Bame to make such repairs, additions or alteratlolls as may be deemed necessary for the Bafety, comfort, or preservation thereof, or of said buildIng, or to exhlbl~ said premlsesl and to put or keep upon the doors or windows thereof a notice 'FOR RENT" at any time wltbln thIrty (80) clays before tho expiration of this leose. The right of entry shall likewIse exIst for the purpose of removlnlt placflrds, signs, fixtures, altera- tions, or additions, which do not conform to this agreement, or to the rules and regulations of the building. TWF1LFTII: f.essee hereby accepts the premises In the condition they ore In at the beginning of this lease nn.) Agrees to maintaIn snld premIses In the same condItIon, order nnd repnlr as they Are at the commencement of snid term, excepting only rensonable wear and tear arIsing from the use thereof under this agreement, and to llIoke good to Bald lessor Jmmedlntely upon demand, any damoge to water appAratus, or electric lights or any flx- turl', AppllanceB or appurtenances of said premises, or of the building, coused by any act or neglect of lessee, ar of any person or persons In the employ or under the control of the lessee. Tn IRTF.ENTH: It Is expressly agreed and understood by and between the parties to this agreement, that the Inndlo((1 Bhall not be IInble for any damnge or Injury by woter, which IlIAY be sustaIned by the Bnld tennnt or other person or for any other damAge or Injury resulting from the carelessness, negligence, or Improper conduct on the pnrt of any other tenant or agents, or employees, or by reoson of the breakage, leakage, or obstruction of the water, sewer or soli pipes, or other leaknge In or about the sold building. FOURTEENTH: If the lef!see shall become insolvent or If bankruptcy proceedings sholl be begun by or against the lessee) before the end of said term the leRsor is hereby irrevocably aulhorized at its option, to forthwith cancel this lense, Of! lor a default. LesRor may elect to accept rent from such receiver, trustee, or other judicial officer during the term of their occnpancy in their fiduciary capacity without affecting lessor's rights 8S contained in this contract, but no receiver, trustee or other judicial officer sholl ever have any right, title or interest In or to the above described property by virtue of this controct. FIFTEF.NTII: Lessee hereby waive!! anll renounces for himself and fnmlly ony and nil homestead nnd ex- emption rights he may have now, or IlereaHer, under or Ly virtue of the constitution nlld InwB of the State of F'lor ido, or of any other Stale, or of the United Slates, as ognlnst the payment of snhl rental or nny )Iortlon hereof, or any other obligation or damnge thnt mny accrue uflller the terms of this agreement. SIXTEENTH: This contract shall bind the lessor and its assignR or successors, and the heirs, asslgn8, personal representatives, or successors as the case may be, of the lessee. , SEVENTF1ENTII: It Is understood and agreed between the parties hereto thnt time Is of the essence of this contract and this applies to all terms and conditions contained herein. EIGIITEENTH: It Is understood and agreed between the parties hereto thot written notice mailed or deliv- ered to the premises lensed 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 sholl be c~mulatlve, and fnllure on the part of the lessor to exercise promptly any rights given hereunder shnllnot operate to forfeit any of the sold rights. TWENTIF1TII: It Is further understood and ngreed between the )lartles hereto t1lat 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, Inclulllng awnings, In connection with theerremlses leased hereunder shnll be first submitted to the lessor for approval be- fore Installation of same. TWP.NT,{-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 hroken glass, aJr-conditioning, door~, locks, plumbing and electrical, repairing or replacing with similar or hetter size or quality. TWENT'{-TIIIRD: Lessee agrees to carry general liability insurance in the amount of $ 100,000/$200,000 per person for bodily illjury 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: 1. Written notice of intention to terminate said lease shall be given to the Lessor not less than One Hundred Twenty (120) days pri-:>r to such termination, and 2. Written confirmation shall be given to the Lessor that the Lessee has "hl:->il1('r1 mlr>l1I"tp office space jn n qov~rnmental building. 'nvENTY-SIXTJI: Lessee agrees to PilY to Lessor $ 50.00 per month for water service TWENTY-SEVENTYI: Lessee agrees to pay for garbage se~vice. IN WITNESS WHEREOF, the JlRrUes hereto hn\'e hereunto executed this Instrument for th~ pmpO!le herein expresRect, the dny nnd yenr nhove wrlHen. Signed, senleel nnd (tellvered In the pre!lence of: j~'!~/~__?--i~______ 3-.- _ ~:::::__(s.nl -.&~~~.,~ -------'J~~~_(Senl MONROE COUNTY As to Lessee J~Y --________ __H_____ __ ____ __ (Sen I Mayor/Chairman of the Board of County Commissioners ___mH_ ----------- ------------ ______._ __ (Senl Lessee Dl\tlUY r.. Y-or.nl\GF., Cl.ERK grATA OF nOlnOA I COlin f y 0 r ____-'----.tt'ONRO_~_____'___~_________ _________ AI'MOVIO.u TO,.. AND LEGAL sunlCtlN:'/. 6'1 {~~ ~ J~~-"'l AltiJllW(. nCrOrf! me, n Notnry Public In nllfl for !lnld SWe nnfl COUllt}., rersonnlly cnme F. James ChaEl-in ____ . and_Bet: ty_e _B.__!;h-<tpJ ilL ----- -----------___ ____ ________-'--_________________________ _[0 IlII1 well known nnd known [0 be tlte perllon_f:L_ nnmed In the foreRolrlR leMI'l, Imd--.the'l__ _________._ .__ nrkllowl"llR"d U'"t--'yl~___exe("u[ed tlte A"lne for Ule rurpo!!e llt"r('III exprell!!ed. (Ioy IN WITNESS WHEREOF, . hove ht't('ulI[o n('llllY llnnll nnll nffl"!HII1IY oUldol A('!nl UIl! ;;(J-tJ- __________.. o,---ji(i.!JtJJc..C"-&:_______n. ld:~j. .. ... ..JJ (1 . -~~r--~~~ --- - N~t,;ry - r~j;ite ----------- --- My comml!;!!lon ('!xr1rl!!! _________ ',I <~/ P:r1':c, ~'~,-;tc nf F~o;i,!,l . I I L. ! :.. ':' ~ i I' i , i r I. i ., I,,', 'm'mlll",' I'IYI'f7,nl I'J': A ,1,1n-" : ~ t '~; [: ',. .. _ ~,' ~'