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Resolution 013-1986 - -~ , \ Randall Winter Public Defender RESOLUTION NO. 013-1986 A RESOLUTION OF THE BOARD OF COUNTY COMt-HS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ- ING THE MAYOR AND CHAIRMAN OF THE BOARD TO APPROVE AND EXECUTE A LEASE BY AND BETWEEN GANIM REAL TY , INC., AS AGENT FOR JACK C. SHERROD, AND THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, CONCERNING THE UPPER KEYS PUBLIC DEFENDER'S OFFICE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commis- sioners of Monroe County, Florida, is hereby authorized to approve and execute a Lease by and between Ganim Realty, Inc., as agent for Jack C. Sherrod, and the Board of County Commissioners of Monroe County, Florida, a copy of same being attached hereto, concerning the Upper Keys Public Defender's Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 10th day of January, A.D. 1986. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~~.t1....." ,_ ~ It ayor I~a:rrtn'an I>- { ~ (SEAL) Attest: DANNY L K T . ..OLHAGE, Clerk ~J:~~j)L . C er , APPROVED AS 70 FORM AND (fOAL ~UFFIC~~., . 8Y '/:c..~ ..cp.-I..r. f J Attorney's Office I ~ ' ~ II I ~u5in~5S 1ficas~ THIS AGREEMENT, entered into this ,19 86 day of between Ganim Realty, Inc., as agent for Jack C. Sherrod, , hereinafter called the lessor, party of the first part, and the Board of County Ccmnissioners of the County of r-bnroe 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 does hereby hire and take as tenant under 8aid lessor Room Lot 5, Black 2, Key Heights, Section 1, the forrrer Pell Real Estate Building lessee, and said lessee or Space :'0, situate in r-bnreo County, 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 the term of dause ten of this lease beginning the 1986 , and ending the at and for the agreed total rental of Dollars, payable as foHows: 1st Year: Nine Hundred Dollars ($900.00) per rronthi days of each due date, camencing on until , 1987. day of , 1988 payable within thirty (30) , 1986, 2nd Year: Nine Hundred Dollars ($900.00) per rronth, plus cost of living in- crease. not to exceed One Hundred Fifty Dollars ($150.0q) per rronthi payable within thirty (30) days of each due date, camEncing on , 1987, until , 1988. 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 Ganim Realty, Inc. in the City of Tavernier, Florida or at such other place and to such other person, as the leasor may from time to time desipate 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 l_e ahall not aeaia'n thia lease, nor BUb-let the premises, or any part thereof nor uae the ADle, or any part thereof, nor permit the _e, or any part thereof, to be uaed for any other PUrpOH than.. above stipu- lated, nor make any alterations therein, and all additiona thereto, without the written consent of the leuor, and all additions, fixtures or improvementa which may be made by lessee, except movable office furniture, shall be- come the property of the Ieslor and remain upon the premises as a part thereof, and be surrendered with the p:r.em- ises at the termination of this lease. SECOND: AU personal property placed or mond in the premises above described shllll be at the risk of the lessee or owner thereof, and leaor shall not be liable for any damage to said personal property, or to the It'ssee arising from the bursting or leaking of water pipes, or from any act of negligence of any co-tenant or occupantg of the building or of any other person whomsoever. THIRD: That the tenant: shall promptly execute and comply with all statutes, ordinanct's, rules, orders, regulations and requirementa of the Federal, State and City Government and of any and all their Depart.. ment!! and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or conneded with said premises during said term; and shall alao promptly comply with and execute all rules, orders and regulations of the Southeastern Underwriters Association for the preven- tion of fires, at own cost and expense. FOURTH: In the event the premisl!s shall be destroyed or 90 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 rend~r ~aid pref!1ises ,tenantable by, repai~ wi~jn ninety days therefrom, If ...id premises are not rendered tenantable wlthm saId time, It shall be optIOnal Wlth 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 obaerv- arlce of the rules and regulationa printed upon this le..e, 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, __ the conditions upon ~hJch the lease is made and accepted and any failure on the part of the le..ee to com~th the tel'D'lll of said It';,S~. or any of, llllid rules and regulations no~ in existe!1ce, or which may be herea,fter prescribed by the lessor, qh:.ll at the optIon of the lessor, work a forfeIture of thIS contract, and all of the rIghts of the lessee hereunder R'1d thereup"n thp lE'~~"r, ',j" l'lg'f'nts or attorneys, shall have the right to enter said premises, and l'emove all per~ , Ji , I sons therefrom forcibly or otherwise, and the lessee thereby expressly waives any and all notice required by law to terminate tenancv, and also waives any and all legal proceedings to recover possession of said premises, and ex- pressly ag':ees that in th.e event of a violation of any o~ the term~ of this lease, or of said r?les a~d regulations, ::ow in eXistence. or whIch may hereafter be made, saId lessor, hIS agent or attorneys, may ImmedIately re-enter gaid premises and dispossess lessee without legal notice or the institution of any legal proceedings whatsoever. SIXTH: If the lessee shall abandon or vacate said premises before the end of the term of this lease, or ~hall 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, by force or otherwise, without being liable in any way there~or, and relet the premises with or without any furniture that may be therein, as the agent of the lessee, 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 payment of the rent due by these presents, and if the full rental herein provided shall not be realized by lessor over and above the expenses to lessor in such re-Ietting, the said lessee shall pay any deficiency, and if more than the full rental is realized lessor will pay over to said lesf'ea~rmi51~ of demandbf Lessor in the SEVENTH: Lessee a ees to ay the cost of collection and attornteyLe's fee ~ . even ssor msp. 'J:~~es_ SUJ_ agalnst Lessee Lessee of the terms of thlS lea !! " It being further understood and agreed that the Jessee will not be required to vacate said premiaea donne the winter season: namely, November first to May firat, by reason of the above paragraph. 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 neceuary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said premises, and to put or kee~ 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 sball 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, before the end of said term the lessor is hereby irrevocably authorized at its option, to forth- with cancel this lease, as for a default. Lessor may elect to accept rent from such receiver, trustee, or other judi. cial officer during the term of their occupancy in their fiduciary capacity without effecting lessor's rights as con- tained 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: Le:ssee hereby waives and renounces for himself and family any and all homestead and ex- emption rights he may bave 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, ad- ministrators, legal representatives, executors 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 de.livered to the office of the lessor shall constitute sufficient notice to the Lessor, to comply with the terms of thIS contract. il I! , Ii Ii ii l' 1I I' :/ 'I ii II .1 ,! :i .1 ,i Ii II II II II II II ;1 11 Ii II ,I II I' .1 I ;! II !I II II !I II i !I I, :i ~ i 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 fur~her understood and agreed between the parties hereto that any charges against the lesse~ 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. . T'YENTY -FI~ST: .It is hereby ,!mderstood and agreed that any signs or advertising to be used, including aWnIngs, III connectIOn WIth the premIses leased hereul\der sh,lll be fjrst suhm.itted to the lessor for approval be- fore installation of same., whicn approval llU.1st be glven In wrltmg. 'IWENTY -SECOND: Lessee agrees to cooperate in every respect in providing estoppel letters to subsequent owners and/or rrortgagees in the event of resale or refinancing. The Addendum and Exhibit "A" attached hereto::..oo;:e~inco.rpo:tlte(l_herein and ffi3.de a part of this Business Lease and shall have the sane force and effect as if appearing within the body of same. I! " . I, II H 11 II I I, I! :1 II II I, I' Ii ,I II Ii I! II II :1 II II :j II I' II ,I II it 'I L ii II ;! ii ill IN WITNESS WHEREOF, the parties hereto have hereunto executed this instr~ment for the Ii purpose herein expressed, the day and year above written. il Signed, sealed and delivered in the presence of: ( Seal ( Seal As to Lessor Lessor II ,I I' I! Ii " I' i! II I ( Seal Ma~r - Board of County Camri.ssioners or Monroe County, Florl.da ( Seal Lessee As to Lessee l County of STATE OF FLORIDA, Monroe 'I I, !I " Before me, a Notary Public in and for said State and County, personally came to me well known and known to be the persOll- named in the foregoing lease, and acknowledged that executed the same for the purpose therein expressed. ii ;1 Ii :1 II I' ,I Ii il Ii il !. H I) I, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day oL___ ,19__ My commission expire" Notary Public, State of Frda at Large. 1/I1:r Iwfrtll11t'1Jf pnpllrc/ ' ,1./drt'rc ADDENDUM 'lWENTY -THIRD: The Lessee covenants to deliver up and surrender to the Lessor possession of said demised premises at the expiration of this Lease by lapse of tirre or otherwise in as gcxx1 repair as the Lessee obtained sarre at the comrencement of this lease, excepting only natural wear, decay or dama.ge by the elerrents occurring without the fault of the premises, or by act of God or by insurrection, riot, invasion or by military or usurped powe.r. In the event the Lessee shall remain in possession of the said premises after the expiration or termination of the lease for any cause whatsoever, the Lessee shall then be considered a tenant at will and by sufferance, and no such holding over or retention of possession or occupancy shall operate as an extension or renewal of this lease in any manner whatsoever. 'IWENTY-FOURI'H: The Lessee covenants that no nuisance or hazardous trade or occupation shall be permitted or carried on, in or upon said premises, no act or thing shall be done or permitted and nothing shall be kept in or about said premises which will increase the risk or hazard of fire, and no waste shall be penni tted or carmi tted upon or any dama.ge done to said pre- mises. The Lessee covenants to pay to the Lessor upon demand for injury to said premises or to the building of which said premises are a part, which injury shall be caused or suffered by the Lessee or the Lessee's agents, ser- vants or errployees. The Lessee further covenants not to conduct any business or pennit any business to be conducted or to do or pennit any act or thing contrary to or in violation of the laws of the United States of America or of the State of Florida or of the Ordinances of the Cormty of ~10nroe, in or about said premises or the building of which said premises are a part. Lessee further covenants that the leased premises will not be used for any purpose that will cause any person or persons to congregate in the halls of the building of which the leased premises are a part, or which would cause noise to emanate from the leased premises which does or might reasonably disturb any adjoining tenants or persons using the halls of the said building, and the Lessee further covenants that Lessee will conduct its business within the leased premises in a quiet, proper and orderly manner, and that any failure' on the part of the Lessee to so use the premises in the conduct of its business shall be considered as a violation of a material covenant of this lease. 'IWENTY-FIFI'H: It is mutually agreed that this lease cannot be changed, altered, rrodified or extended, except in writing and only signed by Lessor and Lessee. No oral change, rrodification or arrendment shall be valid. 'IWENTY-SIXTH: Lessee agrees to indemnify and keep harmless the Lessor fram all losses, dama.ges, liabilities and expenses which may arise fram the use or occupancy of said premises by Lessee, or which may arise fram any acts, omissions, neglect or fault of Lessee (including Lessee's agents, servants and errployees or invitees) or arising fram Lessee's failure to comply with any law, rule or regulation. 'IWENTY -SEVENTH: Lessee shall have the right to assign this lease, provided the Lessor gives its written consent, which written consent shall be withheld unreasonably, all other provisions to the contrary notwithstanding. 'IWENTY-EIGlITH: It is expressly agreed and rmderstcxx1 by and between the part.ies to this Agreercent that the landlord shall not be liable for any dama.ge or injlLry which may be sustained by said tenant or any other person or for any property dama.ge caused by any reason. The landlord shall only be responsible for maintaining the rCX)f to be in a leak free condition and the tenant agrees to be responsible for all other repairs to the leased premises. 'lWENTY -NINTH: Additional Rent - Taxes: In the event that the anDrmt of real estate taxes and assessrrents, or any other governmental charge, general, special, ordinary or extraordinary, hereinafter collectively called taxes (but not including incorre or franchise taxes or any other taxes (but not including incane or franchise taxes or any other taxes imposed upon or rreasured by the landlord's incare or profits), which may now or . ~ hereafter be levied or assessed against the land uPon which the building stands, including but not limited to the parking area, walkways, and set- backs, and upon the building (hereinafter collectively called the "Real property") attributable to any calendar year during the tenns shall be greater than the arrount of taxes on the Real Property attributable t.o the Base Year, as herein defined, then the Lessee shall pay to the Lessor, as additional rent, an arrount equal to Lessee IS prop::>rtion (as defined herein) of such increase. For purposes of this paragraph the taxes attributable to a calendar year shall be the taxes payable during said calendar year and the arrount of such taxes shall not include penal ties or discounts. The Lessor shall take the benefit of the provisions of any statute or ordinance per:mitting any special assignment to be paid over a period of ti.rre, and the Lessee shall be obliged to pay only :L ts proportionate share, deter:mined as aforesaid, of the installments of such assessrrent as shall becane due and payable during the tenn of this lease or any renewal thereof. The tenn "Lessee I s proportion" shall mean that proportion of an increase or decrease in taxes as the rentable area of the premises bears to the rentable area of the building. "Base Year" is defined as the year 1985. THIRI'IEI'H: It is expressly agreed and understood. that Lessee shall be solely responsible for reparations pertaining to electrical, plumbing, air-conditioning/heating systems and/or units. Lessor will be responsible for structural problems only. THIRI'Y -FIRST: This lease may be ter:minated by the Lessee upon the follow- ing conditions: 1. Written notice of intention to ter:minate said lease shall be given to the Lessor not less than One Hundred Twenty (120) days prior to such ter:mination, and 2. Written confinuation shall be given to the Lessor that the Lessee has obtained adequate office space in a governmental building. THIRI'Y-S:OCOND: Additional Rent - Cost of Living. In the event that the Cost of Living, as deter:mined by Federal Government statistics or publica- tions, shall increase over the cost of living during the base-year (1985), then the Lessor shall be entitled to an increase in the base rronthl y rental of the same percentage as the cost of living increase; provided, however, that the total of the increase allowed under this paragraph and the one allowed under paragraph the Twenty-Ninth shall not exceed one hundred fifty dollars ($150.00) per rronth in any calendar year over the rronthl y rent paid the preceding calendar year. THIRI'Y -THIRD: Deposit. The Lessee herein agrees to pay, up::>n assuming cx::cupancy of the premises, an arrount equal to the first rronth I s rent and the last rronth I s rent, together with applicable sales tax. THIRI'Y-FOURl'H: Alterations. The Lessor agrees to rerrodel the premises according to the attached sketch, marked Exhibit A, up to a limit of Six Thousand Dollars ($6,000.00), prior to Lessee taking cx::cupancy of the premises. After such cx::cupancy cx::curs, however, the Lessee agrees to make no alterations or changes to the physical structure of the premises without obtaining the prior wri tten consent of the Lessor. THIRI'Y-FIFl'H: Option to Renew. This lease shall include an option to renew, which may be exercised by Lessee at any ti.rrE prior to Septerrber 30, 1987. Said option shall be for a period of two years, upon the same general tenns and conditions as contained herein. It is the intention of the parties hereto that the base rent figure be adjusted to reflect increased cost of living and any increases in property taxes for the years 1987 and 1988, in a manner similar to the provisions of the present lease. In the event that Lessee fails to exercise this option in a ti.rrely fashion, or in the event that the parties hereto fail to reach agreement on the base rent figure, then the option con- tained herein shall be null and void. .