Resolution 044-1986
Louis LaTorre, Director
Social Services Department
RESOLUTION NO. 044 -1985
A RESOLUTION AUTHORIZING THE ~..AYOR AND
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, TO EXECUTE A
BUSINESS LEASE BY AND BETWEEN THE SCHOOL
BOARD OF MONROE COUNTY AND MONROE COUNTY FOR
THE PURPOSE OF LEASING TWO ROOMS AT DOUGLASS
SCHOOL TO BE USED FOR THE SENIOR CITIZENS
NUTRITION PROGRAM.
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
execute a Business Lease by and between The School Board of
Monroe County and Monroe County, a copy of same being attached
hereto, for the purpose of leasing two rooms at Douglass School,
located in Key West, to be used for the Senior Citizens Nutrition
Program.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 11:A day of hi,r-uar-J ' A. D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~'.~...,,::..._~
Mayor/Chairman
(Seal)
Attest:
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APPROVED AS TO FORM
BY ANt::::::EN~Y. ~~~Ly!.
Attorney's Office I
,
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1fi~n5t
THIS AGREEMENT, entered into this
day of
,1006
b&w~n THE SCHOOL BOARD OF MONROE COUNTY, a corporation under
Florida law , hereinafter called the lessor,
yarty of the first paJ:t and MONROE COUNTY, a political subdivision of the
~tate of Flor~aa, Fl 'd
of the County of Monroe and State of or~ a
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 Rooms 40 1 XJl:~ (Lunch
Room) and 402, of the premises known as Douglass School
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gituate in Key Wes t Florida, to be used and occupied by the lessee as a facili t
for conducting the SENIOR
CITIZENS FEEDING PROGRAM and for no other purposes or uses whatsoever, for
the term of twelve (12) months , subject and conditioned on the provisions of
clause ten of this lease beginning the 1st day of January
1986 ,and ending the 31st day of December , 19 86
at and for the agreed total rental of Rental fee is waived, ')'<'')'<'but the cost of
~~x~~~~~x utilities as billed by City Electric System
for the cafeteria electric meter is to be pqid by the Monroe County
Nutrition Program and the additional charge for water of $120.00
per year or $10.00 per month which will be paid to the Monroe County
School Board by the Monroe County Nutrition Program.
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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 damag-e 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 and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or
other gri,evances, in, upon, or connected with said premises during said term; and shall also promptly comply
with and execute a,ll.rules, orders and regulations of the Southeastern Underwriters Association for the preven-
tion of fires, at: ..n ~ s 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 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 ~pon this lease, and which are hereby made a part of this covenant, and
of ~uch other an~1 further rules or reg-ulahons as J?ay be hereafter made by the lessor, are the conditions upon
whICh the lease IS made and accepted and any fallure 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'
and thereupon the lessor, his agents or attorneys, shall have the right to enter said premises, and remove all per~
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sons therefrom forcibly or otherwise, and the lessee thereby expressly waives any and all notice required by law
to terminate tenancy, and also waives any and all legal proceedings to recover possession of said premises, and ex-
pressly agrees that in the event of a violation of any of the terms of this lease, or of said rules and regulations,
now in existence, or which may hereafter be made, said lessor, his agent or attorneys, may immediately re-enter
said premises and dispossess lessee without legal notice or the institution of any legal proceedings whatsoever.
8IXTII. If-i~:ree-shftH-aban<w~r--vaeat~a id-f}remises-before-the'-end--of-tAe-te~hiHe~
shall suffer the rent to be in arrears, the lessor may, at his option, forthwith cancel this le.ase-or--h~nter
said premises as the agent of the lessee, by force or otherwise, without being.Jlable-i-n--nfiyway therefor, and relet
the premises with or without any furniture that may be therein.-a~ of the lessee, at such price and upon
such terms and for such duration of time j\s.Jhe-lessuTji'\ay determine, and receive the rent therefor, applying the
same to the payment of theJent-due1)ythese presents, and if the full rental herein provided shall not be realized
by lesso~nd-abovethe expenses to lessor in such re-letting, the said lessee shall pay any deficiency, and if
~__m<etA(l.Jl tHe full rental is rcalilled lessBr ..ill pay o',er te Bait! le33ec th~xee3s of de~
a reasonable .
SEVENTH: Lessee agrees to pay the cost of collection andA~attorney's fee on any part of said
I ~KUC.that may be collected by suit or by attorney, after the same is !;last due.
utility cost reimbursement ("C"C'as herein .set +=orth). .
EfGHTH: Tne lessee agrees that he will pay all charges Ifor rent, gas, electrIclfy or Other Ilfummatlon,
nnd for all water used on said premises, and should said charges for rent, light 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 immediately re-enter upon said premises and the
entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collect-
ed by distress or otherwise.
~~e--said-IeSBee--hereby-pledges-and--assign~the--1essol'-an-the-furn iture,fixtu ~Qod5::anQ..
chattels of said lessee, which shall or may be brought or put on said premis.es..~curity-foyr1:hepayment of the
rent herein reserved, and the lessee agrees thaLthe-said-lien-mllY1iCeill'iirced by distress foreclosure or otherwise
at the election oUhfL.Said.-lessor,-anadoes hereby agree to pay attorney's fees of ten percent of the amount so
eelleeted OF f eand-te-btHJutr,-together--with-aH-colltll and charges-thereM~ineul'l'~r-paid-by-thir-leeaoF.
~Ht-iB-hereby-ftgreCthmd-understood-between-lessor--ftnd-.lessee-that--in'- thtH!vent--the--Ies~~w:id_
to remodel, alter or demolish all or any part of the premises leased hereun_<!~-r....or-1n-the-event--o:r-lnesale or long
term lease of all or any part of the I-requirin~hisspace, the lessee hereby agrees to vacate
same upon receipt of ..jyty ~ J...ylS' wnUennotice ftnd the return of any advance rental paid on account of this
Jeass,
It-being-f'urther-und erstod . and - agreed- that:::the::1essee::will notcbe req u i red-to-'iRc ate--fjftid-premilles=dur-ing
~nter8ea!lum=nBmelyj=Novembei'::l'ir5t=t&=.May-fir9ti-by-reason....,f-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 necessary for the
safety, comfort, or preservation thereof, or of said building, or to exhibit said premises, and to put or kee\l 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.
-FGY-R'fEENTH-:-If-the-lessee-j!hall- beeom e-insolven ~r- if-bankru ptey-proeeedi ngs--~ha 1l--be--beg1,l n-:=by-ot'-
against the lesl?ee, 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_Jlc.cept-rent-froIiCsuch receiver, trustee, or other judi-
cial officer during the term of their_occupancy-in1:herrfiduciary capacity without effecting lessor's rights as con-
tained in thilu:ontract,buno-receiver, trustee or other judicial officer shall ever have any right, title or interest _in
iH.-to=the=iioove-deseribed-property-by--virtue-i>f-this -contract.-----.------- ----,-- ------ -------
}qIC!I'EEN.'fH--l-Lessee--hereby-waives-and--renouncee--f{)r- h imself-and-fam il~any-and--all-homestead_,.an~
emption rights he may have now, or hereafter, under or byx!rtue.....oL.the constitution- and1awsorihe State of
Florida, or of any otheLS.tat.e.-or-(}f-the-Bnited-States;-as against the payment of said rental or any portion
~F&ny:.otber-ebligation--i)F-damage--that-maY-fteerue-undel'-,the--terms....,f -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
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.
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TWENTY-SECOND: Lessee, for itself and its successors, agrees
that it will hold Lessor harmless of and from any and all liability
and actions and causes of actions, and costs, attorney's fees, and
damages arising out of Lessee's use and occupancy of the premises
leased herein and shall, during the term of this Lease, and any ex-
tension hereof, furnish to Lessor a Certificate of Insurance from a
responsible casualty insurance company to comply with Lessee's
obligation herein, and further, shall cause Lessor herein to be named
in Lessee's policy as an additional named insured.
TWENTY-THIRD: This agreement may he terminated by either party
at the sole discretion of such party, without cause, upon notifica-
tion in writing by such party to the other three (3) months in ad-
vance of such termination. vfuereupon, after the expiration of the
said three (3) months' notification, all right and obligations of
the parties herein under this Lease shall expire.
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 delivered in the presence of: THE SCHOOL BOARD OF MONROE COUNT , FLA
By
Attest:
Chairman
(Seal
( Seal
As to Lessor
Lessor
Superintendent
MQNROE COUNTY, a political sub-
d~vision of tile State ot Flo~t~
Attest:
By
As to Lessee
Clerk
Lessee
Mayor/Chairman
A~P.VED AS TO ~i2RM
Afi '-)GAL SU~FICIENC .
.BY ~ .,~tl
Attorney's Office .
( Seal
County' of .
l
STATE OF FLORIDA,
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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day of
I 19~
My commission expire"
Notary Public, State of Florida at Large.
17l/s IllS/rumen/ prepared hy:
Address
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STATE OF FLORIDA )
) ss
COUNTY OF MONROE )
I HEREBY CERTIFY, that on this day personally appeared before
me, an officer duly authorized to administer oaths and take .
acknowledgments, , Mayor/Chairman,
of MONROE COUNTY, a political subdivision of the State of Florida,
to me well known to be the person described in and who executed
the foregoing Lease, and (s)he acknowledged before me that (s)he
executed the same for the purposes therein expressed, duly authorize
and acting as such officer.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal at Key West, said County and State, this
day of , 1986.
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NOTARY PUBLIC, State of Florida
. (SEAL) . - .
My Con.nn~ss_ion expires:.._
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