Resolution 171-1986
Sandy Higgs, Executive Director
Tourist Development Council
RESOLUTION NO. 17l-l986
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, APPROVING
AND AUTHORIZING EXECUTION OF A BUSINESS LEASE
BY AND BETWEEN THE SCHOOL BOARD OF MONROE
COUNTY, FLORIDA, AND MONROE COUNTY TOURIST
DEVELOPMENT COUNCIL, CONCERNING ROOM 11023 OF
HARRIS SCHOOL FOR STORAGE USAGE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Board of County Commissioners of Monroe County,
Florida, hereby approves and authorizes execution of a Business
Lease by and between the School Board of Monroe County, Florida,
and Monroe County Tourist Development Council, a copy of same
being attached hereto, concerning Room 11023 of Harris School for
storage usage.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 6th day of June, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: \..U..t.~.1I ~..,,:-~1\.;:. ....... ~~
MAYOR/CHAIRMAN
(SEAL)
Attest :DANNY L. KOLHAGE, Clerk
. "
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II
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1fi~n5t
THIS AGREEMENT, entered into this
10th
day of
FEBRUARY
,1986
between THE SCHOOL BOARD OF,MONROE COUNTY, FLORIDA
, hereinafter called the lessor,
party of the first part, and MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
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 11023
on the premises known
No.
situate in KEY WEST,
STORAGE USAGE
the term of SIX ( 6) MONTHS
clause ten of this .lease beginning the
19 86 ,and ending the 31st
at and for the agreed total rental of
Dollars, payable as follow~:
lessee, and said lessee
or Space
as: HARRIS SCHOOL
812 Southard St.
KEY WEST, FL 33040
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
ONE HUNDRED EIGHTY-THREE DOLLARS AND
$183.75/per
, 19 86
SEVENTY-FIVE
month
C NTS
The parties hereto 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 th~ City of
Key Wes t, 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 pennit 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, withoqt the written consent of the lessor, and
all additions, fixtures or improvemenUj 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 tennination 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 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 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 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 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 ~pon
which the lease is made and accepted and any failure on the part of the lessee to comply with the tenns 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, shaH have the right to enter said premises, and remove all per~
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, and ex-
pressly agrees that in the event of r. 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 with~'!t legal notice or the institution of any legal proceedings whatsoever.
SIXTH: If the lessee shaH abandon or vacate said premises before the' end of the term of this leas~, or
shaH 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 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-letting, 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 pe coJIected by suit or by attorney, after the same is past due.
EIGHTH: The lessee agrees that he will pay all charges for tent. ~as, electricity or other illumination,
and for all water used on said premises, and should said charges for rent, hght 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.
chattels of said esse, . ut on said premises as security f~r the payment of the
rent herein reserved, and the lessee agrees a . be enforced by distress foreclosure or otherwise
at the election of the said lessor, and does hereby agree to pay at om ercent of the amount so
lISlIlIstllQ SF fllllnd 1e -he dlle, 1egstheF with al
to remodel, alter or emo I
term lease of al! or an~ part of the
ises leased hereunder, or in the event of the sale or long
; requt' hereby agrees to vacate
I 's
lease. .
It belllg !urLl1.,. Ulld.,l:;Lud alld agreed that tl1., It::;:;e., will lIut be uCjnircd to .acatel:1ald premises daring
LIl., wIIlL.,. 1l.,"IlUII. u"md,y, No..,illbeI 1;15t to Mil)' first, by reeseR ef the &00'1e parlllVapb.
[NTH: ELEVENTH: The lessor, or any of liis 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 confottn to this agreement, or to' the rules and regulations of the building.
ImTH: 'PWBLF'l'II: Lessee hereby accepts the premises in the condition they are in at the beginning of this lease
and a'grees 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, applianc./lS 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.
LEVEN H: 'PIIIRTEEUTH: 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.
against the lessee, befo~e the end of said term the lessor Is hereby irrevocably authorized , . or-
with cancel this lease, as for a default.' Lessor may elect to acce recetver, trustee, or other judi-
cial officer during the term of their occu a . . clary capacity without effecting lessor's rights as con-
tained in this contra er, , ~stee or ot~er judicial officer shalI ever have a,ny right, title or interest ,in
emption rights he may ter under or by vh:tue of the constitution and laws of the State of
Florida, or of any other .State, or of the Umte ayment of said rental or any portion
. ent.
'IELFTH:
II
'liRTEENTH: SEl','BNTEEHTII: It is underst~od 'and agreed between the parties hereto that time is of the essence of
II this contract and this applies to all terms and conditions contained herein.
lURTEENTH: EICIITEEWI'Il: It is understood and agreed between the parties hereto that written notice mailed or deliv-
II ered to the premises leased hereunder s.hall constitute sufficient notice to the lessee and written notice mailed or
delivere<i to the office of the lessor shall constitute sufficient notice to the Lessor, to comply with the terms of
this contract.
SIXTEBNTH: This contract shall bind the les'sor and its assigns or successors, and the heirs, assigns, ad-
ministrators, legal representatives, executors or successors as the case may be, of the lessee.
LFTEENTH:
, II
LXTEENTH:
II
EVENTEENTH: 'PWE~lTY FIRS'}': It is hereby understood 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 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 from a
responsible casualty insurance company in an amount not less than $100,000.00 per
person/$300',OOO.OO 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.
. ~ - :. . '., . ., . . ." , . .' I, I
NINETEENTH: The rights of the lessor under the forego'ing 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.
TWEN'l'IETH: 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.
NINETE:~:<';>: Lessee shall maint31n the structure, exceptIIlg only thl' w;' 1. i,,<~
:! and roof thereof, and all fixed equipment such as; A.C., electrical fixtures and
" fans.
TWENTIETH: Lessee agrees that he will make no alterations to the buildin
without receiving prior wrirten ~ermission from the Board.
T~ENTY~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 ~s responsible for disposing of refuse.
'fWEtfFt-S-H..lfII. S-a-i-es-'fax Lessee shall
any and all sales tax imposed upon the lease
County of MOnroe, and City of Key West. S
"agreed total rental" s e ove, and said tax
simultane the monthly ins'tallment of rent
be responsible for the
amount of the orida,
ax is in addition to the
will be paid to Lessor
due and payable under this
~~EVENTII. Lessee shall obtain and present a copy to Lessor ~
occupational license issued by The City of Key West, if ~qurred by
city ordinance, covering the periods speci ~ease. Failure to
obtain a required occupatio se, or revocation, recession, or invalidation
of an occ~na~ cense already issued, shall be grounds for immediate
ea'IJ~~n-o-f-GMG Leana.
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:
SCHOOL BOARD CHAIRMAN
( Seal
As to Lessor
Lessor
roARD OF COUNTY COMMISSIONERS
( Seal
By:
Mayor/Chainnan
( Seal
Attest.
As to Lessee
Lessee
(Seal
County of
STATE OF FLORIDA,
MONROE
l
VED AS TO FORM
GAL SUfFJCICrJC~'.
.... ~ e: ~J
Attorney's Office I
{71'
Before me, a Notary Public in and ,for said State and County, personally came
RUTH ALICE CAMPBELL AND ARMANDO J. HENRIQUEZ
to me
well known and known to be the persorUL- 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 seal the
day of
,19_.
My commission expire"
Notary Public, State of Florida at Large.
T/,,:r lw/n/l/let1/ prepared by:
Address
,~TATE OF FLORIDA,
COUNTY OF MONh.uu
Before me, a Notrary Public in and for said State and County. personally
to me well known
came
and known to be the person___ named in the foregoing lease. and
ac:~nowledged 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
. 19
My commission expires
or rge.
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