Resolution 261-1986
Rand Winter, Public Defender
RESOLUTION NO. 261 -1986
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING
THE MAYOR AND CHAIRMAN OF THE BOARD TO EXECUTE A
BUSINESS LEASE BY AND BETWEEN F. JAMES CHAPLIN
AND BETTYE B. CHAPLIN AND MONROE COUNTY, FLORIDA,
CONCERNING OFFICE SPACE FOR THE PUBLIC DEFENDER'S
OFFICE IN MARATHON, MONROE COUNTY, FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board is hereby
authorized to execute a Lease Agreement by and between F. James
Chaplin and Bettye B. Chaplin and Monroe County, Florida, a copy
of same being attached hereto, concerning office space for the
Public Defender's office in Marathon, Monroe County, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 22nd day of August, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. . ~
BY: \.k) ... tI ~.tJ Vlt'.. "- ,-. ...... ,~ y
MAYOR/CHAIR~AN -
(Seal)
Attest :.D~ L. KOLHAGE, Clerk
'i2k~,AO'c
E .K /
APPROVED /1,5' rc ,r(.'Rtr,1
AN. L. EGAL ~'llrFf('!'" r"c. "".
...>....... ."....L.. ," ,,;1'.. }
.. ".,./ . r~
BY ~. ~ <?iA-~;;
Atwney', Office ~ '
~uzi1t~zz
1fi~az.e
THIS AGREEMENT, entered into this 1 s t
day of Qc tober
, 19 8 6
between F. James Chaplin and Bettye B. Chaplin
5190 Overseas Hwy. Marathon, Fl. 33050.', hereinafter called the lessor,
party of the first part, and Monroe County
of the County of Monroe and State of Florida
hereinafter caIled 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 or Space 51 70
Overseas Hwy. Marathon, Fl. 33050, and hawing approx. 1400 sq. ft.
No.
situate in
Florida, to be used and occupied by the lessee as 0 f f ice s
and for no other purposes or uses whatsoever, for
the term of 0 n eye a r , subject and conditioned on the provisions of
clause ten of this lease beginning the 1 s t day of 0 c to be r
19 86 , and ending the 30tn_ day of Septemher
at and for the agreed total rental of Thirteen Thousand two hundred and
Dollars, payable as follows: $1,100.00 per month rent r111l=l ~ny salas
mny' he duel.
Marathon
, 19 8 7 ,
00/100
t .:lJ{ t ha-t
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 Chaplin :Real Es:tate in the City of
Ma rat ho n , F lor i d a 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 anq 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 sam.e,
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, shaU 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 de~cribed shall be at the.risk of
the lessee or owner thereof, and lessor shaU 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. "hall promptly execute and comply with all statutes, ordinances, rules,
orders, regulations and requirements of the Federal, State and City Government and of any and aU 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 .shaU also promptly comply
with and execute all rules, orders and regulations of the Southeastern Underwriters Association for the preven-
tion of fires, at it g 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 shaU 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 canceUation the rent shaIl be paid only to the date of such fire or casualty. The cancellation herein mentioned
. shaU 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 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, shaIl have the right to enter said premises, and remove all per~
LonLL" ,..:u tram J{('vcrse ,".lUI_~ and ma,,',
I,'art l:j"LCU,
..
. !
If Lesse ~s not make repairs promptly of main primises
adequately w,._~ Lessor, may but is not obligated to, make repairs,
or provide maintenance, and Lessee shall pay to Lessor, Promptly,
upon dema~d, the cost thereof.
Twenty-Third: To the extent permitted by, law, Lessee releases
Lessor from, and waives all claim to damages to person or property,
sustained by the Lessee, or any other person, from the premis~s or
any other part thereof, or any equipment, appurtenances, and inventory
therein, becoming out of repair, or resulting from any accident in or
about the premises, or resulting directly or in~irectly from an~ act
or neglect, or any other tenant, or other person, including Lessors
or their agents. Lessee further agrees to hold Lessor harmless from
any claim or damages asserted against Lessors or their agents by anyon
as a result of any accident or other occurence on the Leased premises.
Throughout the term of this lease Lessee agrees to carry public
liability insurance covering occurences on the leased premises in the
amount of $500,000, in a company acceptable to the Lessor, naming
Lessors as additional insured, under said policy and containing a
clause requiring 10 days notice to all insured prior to canclllation
of said policy. Proof of coverage shall be delLvered promptly to
Lessor or his agent,
Twenty-Fourth: Lessee has the option to renew the lease for One
year with an increase based on cpr of the past year.
Twenty-Fifth: This lease may be terminated by the Lessee upon the
following conditions:
1. Written notice of intention to terminate said lease
given-to the Lessor not less than One Hundred Twenty (120)
to such termination, and
shall be
days prior
2. Written confirmation shall be given to the Lessor that the Lesse
has obtained adequate office space in a governmental building.
IN WITNESS WHEREOF, tpe 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:
''''/
"// ) ,t
f ./, r / :_ ,
/? j}tlLf,~
I J,J->~ _~
> /1 ? /;L(<~' / f" )
--,. -, I' .: f I I
As to Lessor / I
v
.
7:; %C1/!I t . /-:'/-r' C~ (Seal
/ ~'(/
/~L72e A C~.L,,:'~ (Se~l
~sor ~
/J ,A
/1 /,
.'l ( /:{ /i /;1'
( Seal
As to Lessee
Lessee
(Seal
STATE OF FLORIDA,
I
County of Monroe
Before me, a Notary Public in and for said State and County, personally earn.. 1<'
T ::>'lTl P '" r. h '" r 1 ; n
and Bettye B. Chaplin
acknowledged that the y
well known and known to be the persoIl-e-- named in the foregoing lease, and 'T' hey
to me
executed the same for the purpose therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal th.. ') t' h
day of August
86
,19_.
)
) '). '
./ i';"'-
, , ;{
// .-
/( (/ 1',. ,o' ,
.
) I/
," /,'/
I /:)
')
/ /;, / .
'I' (/ /
(.. /.~' I , j
, L, ..
/
r.~ ,"1, '~. .,\',11"";,,
1- f,:-
My commission expire..
~ .
~.' (J I' ,\ ,'> I r,
(,',
Notary PU'bIic;'Stattl'ofFlorida p.t<'Large.
flv/luLU T:/ii" '[i,'[n,,',",E'" I,ii" 11;1':)., ., //5' -10 FOn~
~ u .. v, . ::rTI {( "'~.
\
l _ _ .__~
1711's /1fs/mfllCl// prepared by: F. James Chaplin
5190 Overseas Hwy.
Addrm Marathon, Fl. 33050
'IJ
sons therefrom forcibly or otherwise, and the lessee thereby e?,pressly waives any all;d all no~ice req~ir.ed by law
to terminate tenancy, and also waives any and all legal proceedmgs to resover possessIOn ~f said premises, an~ ex-
pressly agrees that in the event of a violation of any of the terms of thiS lease, or of said rules a~d Tegulabons,
now in existence, or which may hereafter be made, said lessor, his agent or attorneys, maY,immedlately re-enter
said premises and dispossess lessee without legal notice or the institution of any legal proceedmgs 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 there~or, 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 :ental herein provided shall !l<?t be realize.d
by lessor over and above the expenses to lessor in such re-Iettmg, 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 be collected by suit 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 il,Iumination,
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 said lessee tenant at sufferance and immediately re-enter upon said premis~ 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.
NINTH: The said lessee hereby pledges and assigns to the lessor all the furniture, fixtures, goods and
chattels of said lessee, which shall or may be brought or put on said premises as security for the payment of the
rent herein reserved, and the lessee agrees that the said lien may be enforced by distress foreclosure or otherwise
at the election of the said lessor, and does hereby agree to pay attorney's fees of ten percent of the amount so
collected or found to be due, together with all costs and charges therefore incurred or paid by the lessor.
TENTH: It is hereby agreed and understood between lessor and lessee that in the event the lessor decides
to remodel, alter or demolish all or any part of the premises leased hereunder, or in the event of the sale or long
term lease of all or any part of the ; requiring this space, the lessee hereby agrees to vacate
same -upon receipt of sixty (60) days' written notice and the return of any advance rental paid on account of this
lease. '
It being further understod and agreed that the lessee will not be required to vacate said premises during
the winter season: namely, November first to May first, by reason of 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 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.
TWELFTH: Lessee hereby accepts the premises in the condition they are in at the beginning of this lease
ana 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.
FOURTEENTH: If the lessee shall become insolvent or if bankruptcy proceedings shall be begun by or
a~inst the lessee, before the end of said term the lessor is hereby irrevocably authorized at its option, to forth-
":1th ca!1cel this lease, as for a default. Lessor may elect to accept rent from such receiver, trustee, or other judi-
cll~1 offIcer during the term of their occupancy in their fiduciary capacity without effecting lessor's rights as con-
tamed in this contract, but no receiver, trustee or other judicial officer shall ever have any right, title or interest.in
or to the above described property by virtue of this contract.
, FIFTEENTH: Lessee hereby waives and renounces for himself and family any and all homestead and ex-
emp~lon rights he may have now, or hereafter, under or by virtue of the constitution and laws of the State of
Florida, or of any other State, or of the United States, as against the payment of said rental or any portion
hereof, or any other obligation or damage that may accrue under the terms of 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
de,livered to the office of the lessor shall constitute sufficient notice to the Lessor, to comply with the ternlll 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 lesse~ 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.
T,!ENTY-FI~ST: ,It is hereby ~nderstood and agreed that any signs or advertising to be used, including
awnings, 10 connectIon WIth the premIses leased hereunder shall be first submitted to the lessor for approval be-
fore installation of same.
Twen ty-S econd: Le ss ee sha 11, a t hb~ exp ens e, keep the premis es
in good order and repair during the term of the lease, including,
but not limited to cracked and broken glass, air-conditioning, doors,
locks, plumbing and electrical, repairing or replacing with similar
or better size or quality. Lessee s' ~~rry insurance on all glass
in the premises, in a company accepta the Lessors, in the fu~l
amount, and shall provide evidence to Lessors, if requested, during
the term of this lease.