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Resolution 109-1986 "" County Commission RESOLUTION NO. 109 -1986 A RESOLUTION RESCINDING RESOLUTION NO. 072-1986. WHEREAS, on March 7, 1986 the Board of County Commissioners of Monroe County, Florida, passed and adopted Resolution No. 072-1986 authorizing the Mayor and Chairman of the Board to execute a Business Lease by and between the School Board of Monroe County, Florida, and Monroe County, Florida, for the purpose of leasing one room at Harris School to be used by the Tourist Development Council for storage purposes, and WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to rescind said Resolution because said Business Lease has been found to contain certain unacceptable terms, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that Resolution No. 072-1986 authorizing the Mayor 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, Florida, and Monroe County, Florida, for the purpose of leasing one room at Harris School to be used by the Tourist Development Council for storage purposes, be and the same is hereby rescinded. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the J./lA day of 4,.,1-( J I , A.D. 1986. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B ~...ll,... '~'.~ _ ~""- k~ Y -- .. . -- to~ \ '\ ., . Mayor C airman / (Seal) Attest : DANNY L. KOLHAGE Clerk . _._.. , - VluL, rfJ ~~ JD ~ C er ) BY L. -, /, \ v.. .A , -; -r~ ) 7 ; ~ 1'1.. + "V7 . I / a,,-'1'..,.... ~u.5in~55 1fi~a5e THIS AGREEMENT, entered into this 10th day of FEBRUARY ,19 86 between THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA , hereinafter called the lessor, party of the first part, and 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 does hereby hire and take as ,tenant under said lessor Room lessee, and said lessee or Space No. situate in ' KEY WEST, 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. . 1st day of MARCH day of AUGUST , 19 86 the term of SIX (6)' MONTHS claus~ ten of this lease beginnin~ the 19 86 , and ending the 31st at and for the agreed total rental of Dollars, payable as follows: First month and.las~ month's rent du~upon execution of the lease and prior to moving in.. The parties heret~ agree that this Lease may be extended at the discretion of the School Board. 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 The Monroe County School Board 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 designl;lte 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 lesaee Ihall not assign thlllease, nor sub-let the premises, or any part thereof nor use the same, or any part thereof, nor permit t,he eame, or any part thereof, to be used for any other purposo than as abovo stipu- lated, nor make any alterations therein, and all additions thereto, withoqt tho written consent of tho lessor, and all additions, fixtures or Improvements which may bo made by lessee, except movable office furniture, shall be- come the property of ~e lessor and remain upon the premises as a part thereof, and be surrendered with the prem- Ises at the termination 01, this lease. Sl!;Cui'oiu ~ AU, personal property piaced, or moud .in .~ne ~ml&Uitiea auov.. dell\:~it,uci Ilh.:i lib tit ti..~ li"k vI the lessee or owner thereot, and lessor shan not be Ua~e fpr,an,. damage to said personal property, or to the lessee arlsin&"' from the. burstttiit. or l.aking of water.. pipes, or from any act ot negligence of any co-tenant or occupants of the building or of any other person whomsoever. ' THIRD: That the tenant "hall promptly execute and ,comply 'With all statutea, ordinances, rules, orolers, regulati~ns and requirements of the- Federal, State and City Government and of any and all their Depart- ments and Bureaus applicable to Bald premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with said premises during s,dd term. and shan also promptly comply with. and execute all rules, orders and regulations of the Southeastern Underwriters Association for the :lreven- tlon of fires, at ~wn cost and expense. FOURTH: In the event the premises shall be destroyed or so damaged or Injured by fire or other casunlty during the life of this agreement, whereby the same shall be rendered untenantable, then the lessor shall hnve 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 lense, 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- -r '^', <7 i., /!tJf 4.t) Or-I.., )1.~ I 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, an~ ex- pressly agrees that in the event of c. 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. SIXTH: If 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, by force or otherwise, without being liable in any way therefor, and relet the premises with or without any furniture that may be therein, as the agent of the lessee, at such price an? upon such terms and for such duration of time as the lessor may determine, and receive the rent therefor, applymg 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-lettlng, 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 lle collected by s';1I~..or by attorney, after the same is past due. 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, 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 sai~ lessee tenant at sufferance and immediately re-enter upon said pre~l1ses and the entire rent for the rental penod then next ensuing shall at once be due and payable and may forthWIth be collect- ed by distress or otherwise. chattels of said esse , be brought or ut on said premises as security f~r the payment of the rent herein reserved, and the lessee agrees . be enforced by distress foreclosure or otherwisll at the ele~tion of the said lessor, and does hereby aa-ree to pay a or ercent of the amount so olllll8tllli lllr :IlIlRII te Be IIl1e, tllgether wUk all ellsw aRd eha&: to remodel, alter or emo 1 term lease of all or any part of thA lease. ~ 'ses leased hereunder, or In the event of the sale or long : requ ereby agrees to vacate s n b~lllg lu.LlIO.r uud~ntud IIlId IIgn.~d Lllut tIltS l~,,"~e will lIut b... a~t:Ilrc.d to -.aeate Balli premlees duriRg tIle wllll"X" .."....Ull. uumcl.l" Hoyeblbe. t;...l tu lItA)' fiut, b~ reaBeB Ilf the ab~vo paralfupb. H: ELEYENffi: 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 ma.ke such repairs, additions or alterations as may be deemed necessnry for the safety, comfort, or preservation thereof, or of said bullding, 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 (SO) days before the expiration of this lease. The right of entry shall llkewise exist for the purpose of removing placards, signs, fixtures, nltera- tions, or additions, which do not conform to this agreement, or to the rules and regulations of the building. 'H: ~: 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 tl) 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 lIny act or neglect of lessee, or of any person or persons in the employ or under the control of the lessee. 'EN H: TIIln'l'BBU'fH: It Is expressly agreed and understood by and between the parties to this agreement, that the landlord shaH 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 bullding. FOURTEEtlTII. If tho lessee. snail beel'>Me ins&l.ent er If hSRllrllpwy proQeedlDg8 .bnll be begun b)T n.t against the Jessee, before the end of said term the lessor Is hereby Irrevocably authorized at It.. -opt!"", Lo Iorfli- with cancel this lease, as for a default. Lessor may elect to ncce 1'&\.. ....,,11 receiver, trustee, or other judl. clal officer during the term of their occu' lary capacity without effecting lessor's rights as con- tained in this contr er, rustee or other judicial officer shaH ever have lIny right, title or Interest in . tae et this (lOAtratt emption rights he may er under or by virtue of the constitution and laws of the State of Florida, or of any other .State. ' or of the Unite, he ayment of said .rental or any portion . nt. \ ,FTH: II tTEENTH: SBVElll'fDBH'fH: It is undentood and agreed between the parties hereto that time Is of the essence of I! this contract and thls applies to all terms and conditions contained herein. tTEENTH: EICHTEEllTH: It is understood and agreed between the parties hereto t.hat written notice mai.ed Ot deli'V- II ered to the premisel leased hereunder shall eonltitute BuUlcient notice to the lene. and written notice mailed or delivered to the oftlce of the lessor shall constitute sufficient notice to the Lessor, to comply with the terms of . . this contract. ' ' . , rr;EN1T, H: ImlDTsB?t'fR: The rights of the 'l~ss~r u~der the for~go'l~g ~h~1l b~ c~mulati~e; '~~d fa'Uure ~n th~ part of the lessor t., exercise promptly any rights given hereunder shaH not operate to forfeit any of the said rights. fEENfH: TWEU'I'IE'I'II: It Is further understood and agreed between the partfes hereto that any charges against I the lessee by the lessor for services or for work done on the premises by order ot 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. SNTEENTH: TWENTY FIRSIf: It Is hereby undentood and agreed that any signs or advertising to be used Including II awnings, in connection with the premises leased hereunder shall be first.submitted to the lessor for approval be- fore Installation of same. . E+GHTEENTH: Lessee, .for himself and his successors,. agrees that he will hold Lessor harml~ss of and from any and all liability and actions and causes of actions', and coots, 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 extension hereof, furnish to Lessor a Certificate of Insurance from a responsible casualty insurance company in an amount not less than $100,000.00 per person/$300,000.00 per occurrence including fire liability 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. SIXTBBlRH: This contract shall bind the lessor and its assigns or successon, and the heirs, assigns, ad- mlnlstraton, legal representatives, executors or Buccessors as the case may be, of the lessee. II l NINETEENTH: and roof there( fans. Lesse 1hall maintain the structure, { ~pting only the walls .d all Lixed equipment such as; A.C., e~ect fixtures and TWENTIETH: L~ssee agrees that he will make no alterations to the buildin without receiving prior written permission from the Board. TWENIY=FIRST:~ Custodial services are the responsibility of the Lessee. Security of the premises is the responsibility of the Less~e.. . . . . TWENTY-SECOND: The premises may not be used as a residence. Living, sleepin and/or residing overnight in said premises is prohibited. TWENTY-THIRD: The cost of utilities will be borne by the Lessee based on a flat rate per month. TWENTY-FOURTH: Any costs associated with the installation and use of telepho e equipment will be the responsibility of the Lessee. TWENTY-FIFTH: Lessee is responsible for disposing of refuse. .;.. . 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: ( Seal SCHOOL BOARD CHAIRMAN ( Seal As to Lessor Lessor ( Seal (Seal As to Lessee Lessee STATE OF FLORIDA, 1 County of MONROE -. Before me, a Notary Public in and for Bald State and County, personally cam" RUTH ALICE CAMPBELL AND ~O J. HENRIQUEZ well known and known to be the peno~ named in the foregoing lease, anil THEY acknowledged that THEY executed the Bame for the purpose therein expressed. to me IN WITNESS WHEREOF, I have hereunto set my band and affixed my official Beal th. day ot , 19_ My commission explrt>- Notary Public, State of Florida at Larlre. '1711S JlIs/rumenl prepared by: AIMrrss ~ ..>- .>.. j \> --r- ~ t.I \ - ..4> t .ATE OF FLORIDA, COUNTY OF MONROE came Before me, a Notrary Public in and for said State and County, . personally to me well known and known to be the person_ named in the foregoing lease, and acknowledged that for the purpose therein expressed. executed the same seal the , 19 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official day of My commission expires ._ .~. g =1' m .... r o or ~ ~ ~ ~. ~ ~ ~ ~ ~ ~ to ~ ~ ~ ~ +-t ~ ~ ... to +-t ~ ~ :II. > Ii: n o " ~ :I J: It II a. ~ 1"" ,. .)"0 -, ~ :) ~ T 3 , ...;t J 1I rge.