Resolution 157-1986
Shelia Malloy, Director
Nutrition Program
RESOLUTION NO. 157-1986
A RESOLUTION AUTHORIZING THE MAYOR AND
CHAIRMAN OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA. TO APPROVE
AND EXECUTE A BUSINESS LEASE BY AND BETWEEN
THE SCHOOL BOARD OF MONROE COUNTY, FLORIDA,
AND MONROE COUNTY, CONCERNING ROOM 401 (LUNCH
ROOM) AND ROOM 402 OF DOUGLASS SCHOOL FOR THE
SENIOR CITIZEN FEEDING 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
approve and execute a Business Lease by and between the School
Board of Monroe County, Florida, and Monroe County, a copy of
same being attached hereto, concerning Room 401 (Lunch Room) and
Room 402 of Douglass School for the Senior Citizen Feeding
Program.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 16th day of May, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
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/
~YOR/CHAIRMAN
(SEAL)
Attes t : DANNX L. KOLHAGE1 gler~
J2L~~? ~,L.
LERK )
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thlusin~ss
1fi~ast
THIS AGREEMENT, entered into this
day of
,19
between THE SCHOOL BOARD OF MONROE COUNTY, a corporation under
F lor ida law , hereinafter called the lessor,
narty of the fir~t p~rt, and MONROE COUNTY, a political subdivision of the
State ot FLor~da,
of the County of Monroe and State of F lor ida
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 s 401 >>KS~ (Lunch
Room) and 402, of the premises known as Douglass School
No.
situate in Key West Florida, to be used and occupied by the lessee as a facili t
for conducting the SENIOR and for no other purposes or uses whatsoever, for
CITIZEN FEEDING PROGRAM
the term of twelve (12) months ,subject and conditioned on the provisions of
clause ten of this lease beginning the 1 s t day of J an uary
19 86 , and ending the 31st day of December , 1986
at and for the agreed total rental of Rental fee of $1.00 a year, **but the cost
BMl9it~~abl<<1iK1~X of utilities as billed by City Electric System
for the cafeteria electric meter is to be paid by the Monroe County
Nutrition Program. The l:~e agrees to pay for the water billing,
in an amount not to exce~10.00 per month. ~
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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 damage to said personal propertr, 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 per,i!on 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 grievances, in, upon, or connected with said premises during said term; and sha1\ also promptly comply
with and execute all rules, orders and regulations of the Southeastern Underwriters Association for the preven-
tion of fires, at. HIS own cost and expense.
FOURTH: In the event the premises shall be destroyed or so da~aged 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 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 le.ssor, work a forfeiture of this contract, and all of the rights of the lessee hereunder'
and thereupon the lessor, hIS agents or atto~neys, shall have the right to enter said premises, and remove all per~
sans therefram farcibly ar atherwise, and the lessee thereby expressly waives any an,d all na~ice req,!ired by law
to. terminate tenancy, and also. waives any a,nd all legal praceedings to. re~o.ver passeSSIOn <!f said premises. an~ ex-
pressly agrees that in the event af to. vialatIOn af any af the term~ af this lease, ar af said r,!les a~d regulatIans,
naw in existence. ar which may hereafter be made, said lessar, his agent ar attarneys, may ,ImmediatelY re-enter
said premises and dispassess lessee withaut legal natice ar the institutian af any legal praceedmgs whatsaever.
shall suffer th~ rent to. be in arrears, the lessar may, at his aptian, farthwith canc~l this leas enter
said premises as the agent af the lessee, by farce ar atherwise, withaut bein" ay there~ar, and relet
the premises with ar withaut any furniture that may be therein a the lessee, at such price an? upan
such terms and far such duratian af time as th e ermine, and receive the rent therefar, applymg the
same to. the payment af the re se presents, and if the full rental herein pravided shall nat be realized
by lessar aver expenses to. lessar in such re-letting, the said lessee shall pay any deficiency, and if
., .' d.
a reasona le
SEVENTH: Lessee agrees to. pay the cast af callectian anrt K>X~Kt attarney's fee an any part af said
~M;}(l that may be callected. by suit ar by attarney, after the same is past due.. f h
utility cost reimbursement (**as hereln.~et art.) , .
EIGHTH: The lessee agrees that he will pay all chargei' far rent, gas, electnclty ar ather I1.fummatIan,
and far all water used an said premises, and shauld said charges far rent, light ar water herein pravlded far at
any time remain due and unpaid far the space af five days after the same shall have became due, th~ lessar may
at its aptian can sider the said lessee tenant at sufferance and immediately re-enter up an said pre~lses and the
entire rent far the rental periad then next ensuing shall at ance be due and payable and may farthWIth be callect-
ed by distress ar atherwise. '
chattels af said lessee, which shall ar may be braught ar put 15n said premise' en af the
rent herein reserved, and the lessee agrees tha .. arced by distress fareclasure ar atherwise
at the electian' .'13 ere y agree to. pay attarney's f~es af ten per~ent af the amaunt sa
""
TENTH: It is hereby agreed and understaad between lessar and lessee that in the event the lessar decides
to. remadel, alter ar demalishallaranypartafthepremisesleasedhereunder.arintheeventafthesalearlang
term lease af all ar any part af tho> ; requiring this space, the lessee hereby agrees to. vacate
same up an receipt af ...,. (06fL}) days' written natice and the return af any advance rental paid an accaunt af this
lease. 'YU
It being further understad and agreed that the lessee will nat be required to. vacate said premises during
the winter seasan: namely, Navember first to. May first, by reasan af the abave paragraph.
ELEVENTH: The lessar, ar any af his agents, shall have the right to. enter said premises during all reasan-
able haurs, to. examine the same to. make such repairs, additians ar alteratians as may be deemed necessary far the
safety, camfart, ar preservatian thereaf, ar af said building, ar to. exhibit said premises, and to. put ar keel? upan
the daars ar windaws thereaf a natice "FOR RENT" at any time within th;..\1) .,.. days befare the explratian
af this lease, The right af entry shall likewise exist far the purpase af remaving placards, signs, fixtures. altera-
tians, ar additians, which do. nat canfarm to. this agreement, ar to. the rules and re~latians af the building.
(~O)
TWELFTH: Lessee hereby accepts the premises in the canditian they are in at the beginning af this lease
and agrees to. maintain said premises in the same canditian, a,rder and repair as they are at the cammencement af
said term, excepting anly reasanable wear and tear arising fram the use thereaf under this agreement, and to.
make gaad to. said lessar immediately upan demand, any damage to. water apparatus, ar electric lights ar any fix-
ture, appliances ar appurtenances af said premises, ar af the building, caused by any act ar neglect af lessee, ar af
any persan ar persgns in the emplay ar under the cantral af the lesseeLessee has inspected the le
premlses and aqrees that there are no material damaqes Q~ defects in
THIRTEENTH: lt is expressly agreed and understaad by and between the partfes to. thiS agreement', that 1
the landlardshall nat be liable far any damage ar injury by water, which may be sustained by the said tenant arpr
ather persan ar far any ather damage ar injury resulting fram the carelessness, negligence, ar impraper canduct
an the part af any ather tenant ar agents, ar emplayees, ar by reasan af the breakage, leakage, ar abstructian af
the water, sewer ar sail pipes, ar ather leakage in ar abaut the said building.
sed
he
a5ecl
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against the lessee, befare the end af said term the lessar is hereby irrevacably author' , a arth-
with cancel this lease, as far a default. Lessar may elect to. acc receiver, trustee, ar ather judi-
cial afficer during the term af their ac . uClary capacity withaut effecting lessar's rights as can-
tained in this co. ver, tr~stee ar at~er judicial afficer shall ever have any right, title ar interest .in
emptian rights he may have naw, ar hereafter, under ar by virtue af the cans
Flarida, ar af any ather State, ar a' payment af said rental ar any partian
SIXTEENTH: This can tract shall bind the lessar and its assigns ar successars, and the heirs, assigns, ad-
ministratars, legal representatives, executars ar successars as the case may be, af the lessee.
SEVENTEENTH: It is understaad and agreed between the parties hereto. that time is af the essence af
this can tract and this applies to. all terms and canditians cantained herein.
EIGHTEENTH: It is understaad and agreed between the parties hereto. that written natice mailed ar deliv-
ered to. the premises leased hereunder shall canstitute sufficient natice to the lessee and written natice mailed ar
delivered to. the affice af the lessar shall canstitute sufficient natice to. the Lessar, to camply with the terms af
this cantract. ' . ' . '
NINETEENTH: The rights af the lessar under the faregaing shall be cumulative, and failure an the part af
the lessar to. exercisepramptly any rights given hereunder shall nat aperate to. farfeit any af the said rights.
TWENTIETH: It ia further understaad and agreed between the parties hereto. that any charges against
the lessee by the lessar far services ar far wark dane on the premises by arder af the lessee ar atherwise accruing
under this cantractshall be cansideredas rent due and shall be included in any lien far rent due and unpaid.
TWENTY-FIRST: It is hereby understaad and agreed that any signs ar advertising to. be used, including
awnings, in cannectian with the premises leased hereunder shall be first submitted to. the lessar far appraval be-
fore installatian of same.
.'
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
extension hereof, furnish to Lessor a Certificate of Insurance for
General Liability Insurance in the amounts of $100,000 per claim
and $300,000 aggregate, 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 name
.' insured.
TWENTY-THIRD: This agreement may be terminated by either party
at the sole discretion of such party, without cause, upon notification
in writing by such party to the other three (3) months in advance of
such termination. Whereupon, after the expiration of the said three
(3) months. notification, all right and obligations of the parties
herein under this lease shall expire.
c-f
,
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the
purpose herein expressed, the day and year above writ~ .
~ sealed an~ in the presence of: ~~E SCH
)7J. ~ BY.
~~)ah~
' As to Lessor.
MONROE COUNT , FL,
OBeKlx
O&:Klx
MONROE COUNTY, a political subdiv'sion
of the State of Florida ~~
BY:
eseeIX
As to Lessee
Lessee
Mayor/Chairman
County of
MONROE
l
BY
STATE OF FLORIDA,
Before me, a Notary Public in and for said State and County, personally came
RUTH ALICE CAMPBELL AND A. J. HENRIQUEZ
to me
well known and known to be the personS-- named in the foregoing lease, and
THEY
acknowledged that.
THEY
executed the same for the purpose therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official Beal the
day of ~' . ,. ,Ii,
r~otarv Puhlit. State of Florida
My Commission Expires April 4. 1937
M .. .' 80DdOd. lrllu 1'0)' tain. Insu,an,... In.c;;.
y commIssIon explreq
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TItis /Wlntt/lertl prepared hy:
Address
STATE OF FLURIDA)
) ss
COUNTY OF OE)
I HEREBy'CERTIFY, that on this day personally appeared before m
officer duly authorized to administer oaths and take acknowledgments
, Mayor/Chairman, of MONROE COUNTY, a politi al
subdivision of the State of Florida, to me well known to be the perscn
described in and who executed the foregoing Lease, and sheacknowledg d
before me that she executed the same for the purposes therein express d,
duly authorized 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.
NOTARY PUBLIC, State of Florida
My Commission expires:
( SEAL)
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