Resolution 146-1986
RESOLUTION NO. 146-1986
A RESOLUTION 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 TRUMAN SCHOOL TO BE USED BY THE
MONROE COUNTY STATE ATTORNEY'S OFFICE FOR
STORAGE PURPOSES.
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, Florida, and Monroe County, Florida, a copy of
same being attached hereto, for the purpose of leasing one room
at Truman School, located in Key West, Florida, to be used by the
State Attorney's Office for storage purposes.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 2nd day of May, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~~~~
(SEAL)
Attest: P~l{Y :L&. ~OLHAGEl ,Qlerk
~ L ~ /I ? j)~
<-&a. '~7 . ,
I CLERK'
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THIS AGREEMENT, entered into this
day of
, 19 86
between THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA, a corporation under Florida law
, hereinafter called the lessor,
party of the first part, and the Board of County corrunissioners
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 222 or Space
of the premises: TRUMAN SCHOOL
1200 Truman Avenue
No.
situate in KEY WEST, Florida, to be used and occupied by the lessee as
a storage facility for Lessee _______ and for no other purposes or uses whatsoever, for
the term of one (1) year ------------- , s,Ubject and conditioned on the provisions of
clause ten of this lease beginning the 1st day of JANUARY
19 86 , and ending the 31st day of DECEMBER , 19 8 6 ,
at and for the agreed total rental of $177.00/per month = $2,124.00/annually
Dollars, payable as follows:
The parties hereto agree that this Lease shall be extended automatically without
further action of the parties for two (2) additional successive one year terms
immediately following expiration of the term herein provided, upon the conditions
and stipulations contained herein, and at the stipulated rental, ~nless Lessor
notifies Lessee of Lessor's intention not to renew this Lease within the period
of thirty (30) days immediately preceding the expiration of any annual rental
term hereof.
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 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 Df 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 i:lhaIl 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,
orderJ, 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 grievances, in, upon, or connected with said premises during said term; and shall also 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 premises shaIl be destroyed or so damaged or injured by fire or other casualty
during the life of this agreement, whereby the same shaIl 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 canceIlation herein mentioned
shaIl 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
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, shan have the right to enter said premises, and remove all per~
I
SEVE
sons therefrom forcibly or othe~ise, and the lessee thereby e:cpressly waives any an.d all no~ice req~ired by law
to terminate tenancy and also waIves any and all legal proceedIngs to recover possessIOn of saId premIses, and ex-
pressly agrees that l~ the event of ::. violation of any of the terms of this lease, or of said r';1les a~d 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. ,
.. te 8AiJ IJ~tallii:)'C~ before. the eua of the. tel...} l}f tki.! ICA~U~, er .::-..
shall suffer . arrears, the lessor may, at his option, forthwith cancel this lease or he may enter
said premise$ as the agent 0 e rce or otherwise, without being liable in any way there~or, and relet
the premises with or without any furniture that ma 'as the agent of the lessee, at such price an~ upon
such terms and for such duration of time as the lessor may determ, ceive the re!1t therefor, apply mg. the
same to the payment of the rent due by these presents, and !f the full ~ental here hall not be reahze.d
by lessor over and above the expenses to lessor in such re-lettIng, the said lessee shall pay any elf
v sa e~ e e ex e!\Slo eman.
fa reasonao e
~: Lessee agrees to pay the cost of collection and ~attorney's fee on any part of said
rental that may be collected by suit or by attorney, after the same is past due. or for the entorcement of
, any of the terms herein.
TH: ~ The lessee agrees that he will pay all charges for rent. ~as. electricity or ?ther il.1umination,
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, th<<: lessor may
at its option consider the said lessee tenant at sufferance and immediately re-enter upon said prel!llses 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.
SIXT
chattels of said lessee, w e brought or ut on said premises as security f~r the paYment of t.he
rent herein reserved, and the lessee agrees t a ., be enforced by distress foreclosure or otherwIse
at the election of the said lessor, and do~s hereby agree to pay attorne rcent of the amount so
TENTH: It is htre:bJ agleed and undellltood bet..edl lo/!!l1l0I and le~:!Iee that in the t.tnt the It~36r ottilie!
to remo e, a er 0 " ' remises leased hereunder, or in the event of the sale or long
term lease of a1~ or an~ part of th~ ; req' hereb agrees to vaca~e
lease.
It being further understod and agreed that the lessee WI aired to VAcate said premises during
Ule wiRter seaseR I RaBlely, Ne'lemheF fwet te May fiFst, llr naiOD of tho> Ahnvp. para2TaDh.
EIGH H: ~ 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 keel,> 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.
NIN TH: ~~ 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.
TEN H: ~: 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 building.
against the lessee, before the end of said term the lessor is hereby irrevocably autho lon, to forth-
with cancel this lease, as for a default. Lessor may elect to a suc receiver, trustee,or other judi-
cial officer during the term of their 0 . r 1 uClary capacity without effecting lessor's rights as con-
tained in this con celver, tr~stee or ot~er judicial officer shall ever have any right, title or interest ,in
emption rights he may have now,
Florida, or of any other .Sta!e, or of the United
of the State of
or any portion
ELE ENTH: ~: 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.
TWE VTH: ~~: 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.
THI TEENTH: ~~ It is understood and agreed between the parties hereto that written notice mailed or deliv.
ered to the premises leased hereunder shaH 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.
FOU TEENTH: ~~'XlC1C~ 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.
FIF EENTH: ~ 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.
SIX EENTH: ~m: 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.
SEV NTEENTH: Lessee, for himself and his successors, agrees that he will hold Lessor
harmless of and from any and all liability and actions and causes of actions,
and costs, attorney's f~es, and dam~~~s ari~i~g ou~ of Lessee's use and occupancy
o~ the.,premise~ le~~ed he~ein a~d sh~ll" d~rin~the term of this Lease, and any
extension 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.
EIGWTEENTH: This agreement may be terminated by either party at the sole discretion of
. il such party, " . out cause, upon notidication ,in writing b: party to the
other six lv} lIlvnths in advance of such termination. Whereupon, after the
expiration of ~he said six (6) months' notification, all right, and obligations
of the parties herein under this Lease shall expire.
NI ETEENTH: LeSSee, for htmsel,f and hissuccessors~.agrees ,that"he, will hold,Lessor harm ess
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 pre ises
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 insuranc
'compimy'in':ari'amount not less than One Million Dollars ($1,000,000.00) to comply
with Lessee's obligation herein, and further, shall cause Lessor herein to be nam d
in Lessee's policy as an additional named insured.
TW NTIETH: ,~e,~,~~~,..~~<:ll maintain the structure, excepting only the walls and roof thereo ,
...'and all fixed equipment such as Alc, electrical fixtures and fans.
TWEN Y-FIRST: Lessee agrees that he will make no alterations to the building without recei ing
prior written permission from the Board.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the
purpose herein expressed, the day and year above written.
ed, sealed and der e presence of: MONROE COUNTY, FLOR DA
As to Lessor
( Seal
( Seal
( Seal
BY:
As to Lessee
Lessee
( Seal
I 55.
BY
County of
STATE OF FLORIDA,
MONROE
Before me, a Notary Public in and for said State and County, personally came
RUTH ALICE CAMPBELL, CHAIRMAN AND A. J. HENRIQUEZ, SUPERINTENDENT
to me
well known and known to be the perso~ named in the foregoing lease, and THEY
acknowledged that THEY executed the same for the purpose therein expressed.
IN WITNE~F. I hav. h....unto oat my hand;;: afIi..d my offlda' ..., tho
day of r-=-=- ' 19~
~otary Public, State of Florida at Larae
My commissi~~~~ Expl~S ~~ 2, 1988
aY"CII Agency
/~
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Notary PuitIic, State of Florida at Large.
TI,,:r 1m/rumen/ prepared by:
A ddws
4
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STATE OF FLORIDA,
COUNTY OF MONlw....,
.
I HEREBY CERTIFY, That on this day personally appeared before me, an officer duly
authorized to administer oaths and take acknowledgments,
, to me well known to be the pe sones)
described in and who executed the foregoing Lease, and he/she acknowledged before
that he/she executed the same for the purposes therein expressed, duly authorized d
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.,'