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Resolution 268-1987 4'). ~ Rand Winter Public Defender RESOLUTION NO. 268_1987 A RESOLUTION AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A BUSINESS LEASE BY AND BETWEEN DAVID W. WOLKOWSKY AND THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, CONCERNING OFFICE SPACE IN KEY WEST, FLORIDA FOR THE PUBLIC DEFENDER'S OFFICE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby authorizes the Mayor/Chairman of the Board to execute a Business Lease by and between David W. Wolkowsky and the Board of County Commissioners of Monroe County, Florida, a copy of which is attached hereto, concerning office space in Key West, Florida for the Public Defender's office. PASSED AND ADOPTED by the Board of Co~~ty Commissioners of Monroe County, Florida, at a regular.. meeting of said Board held on the 7th day of July, A. D. 1987. .,. (Seal) airman / At tes t: P.AmiX 14 ~OLHAGE, Clerk ~L;,,~~"1)&: APPROVED AS TO FOF(/'-; AND L~L SUFF/Clt./';:',: ~ ' l/rl \~'~ 8Y-A~-1 BUS I N E S S LEA S E THIS AGREEMENT, entered into this ____day of 1987 between DAVID W. WOLKOWSKY, hereinafter called the lessor, party of the first part, and the BOARD OF COUNTY COMMISSIONERS 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, or Space, as shown on Exhibit "A", attached hereto and ma~e part thereof, situate in Florida, to be used and occupied by the lessee as OFFICES OF THE PUBLIC DEFENDER and for no other purposes or uses whatsoever, for the term of 2 (two) years, subject and conditioned on the provisions of CLAUSE FIFTEEN of this lease beginning the first (1st) day of October 1987, and ending the thirtieth (30th) day of September, 1989, at and for the agreed total rental of $63,960.00 per annum, payable in twelve equal monthly installments, 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 David W. Wolkowsky, P.O. Box 1429, in the City of Key West, Florida or at such other place and to su~ 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 hereby 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 stipulated, 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 become the property of the lessor and remain upon the premises as a part thereof. and be surrendered with the premises at the termination of this lease. unless otherwise agreed upon by the parties hereto. 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. THIRD: 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. FOURTH: 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 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-Ietting, 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. This clause shall be subject to CLAUSE FIFTEEN and the rights of the lessee thereunder. FIFTH: 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. SIXTH: 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 letsor 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 collected by distress or otherwise. SEVENTH: The lessor, or any of his agents, shall have the right to enter said premises during all reasonable 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 keep 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, alterations, or additions, which do not conform to this agreement, or to the rules and regulations of the building. EIGHTH: 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 fixture, 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. Lessor agrees to otherwise maintain or repair all electrical fixtures and equipment. including air-conditioning. NINTH: This contract shall bind the lessor and its assigns or successors. and the heirs. assigns. administrators. legal representatives. executors or successors as the case may be. of the lessee. TENTH: 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. ELEVENTH: It is understood and agreed between the parties hereto that written notice mailed or delivered to the premises leased hereunder shall 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. TWELFTH: 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. THIRTEENTH: 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. FOURTEENTH: Exclusive parking is to be provided by the lessor as per Exhibit "8" attached hereto. FIFTEENTH: The parties hereto agree that lessee may vacate the described premises early under one condition, any provisions to~he contrary herein notwithstanding. In the event lessee provides publicly owned space to the Office of the Public Defender. then upon notice of six months to lessor. they shall have the right to vacate the premises prior to the termination of this lease without penalty. Said notice shall be in writing and shall be delivered to the address listed above for the receipt of payments. and shall become effective six months from the date of delivery. 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 (Seal ~ As to Lessor As to Lessor . (Seal (Seal (Seal As to Lessee As to Lessee State of Florida, ) ) ) County of Monroe, .. Before me, a Notary Public in and for said State and County, personally came JERRY HERNANDEZ, Chairman, and DANNY L. KOLHAGE, Clerk, 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 seal the ____day of , 1987. Notary Public, State of Florida My commission expires: APP OVEO AS TO FORM ,'"' AN. LEc:;/lL SUFfiCIENCY. i ) I _tw~a yl~/ I'.tMrm:y',<: Office II; . ,.,,' ~....>...~. '-!rot'''':: "\~, ,.~.:. .....-~ 'II. . ....--'...-~,. :o"'~-<:....'~ .....,._. ~:-=,."...~~-,...._...t-~""" '" "~i ..~_;~ ":-':'''\J''~t~~"...,.''<I~:>-<'''~......',''''''1. -.' ,~_ 'A_'''"'?:;~'f: . ~'" '1', :.~'.'. -, . '. EXHIBIT "A" Kress Building 2nd Floor Publ ic Defender 5 330 square feet -,~-- ..- ---.{ :~'~-'~I'-- ..t 1/ ...' ,1-'--"0 I , I -'-'--ljj-:~- - . . - ~=::-""':"f--"-' .:' -:-:-:::--';'-=--_..'--:.:~,':- '-:-"1 J I , : :1 , : ,. I j' I I J ,~ :.tr- I~ ---!-~ H '-:.}- r I I I .. + ;:.. I ,'-----L --I' I I i' . L-l ,. ..-. . .. i '!-------I I , J 'I r . ~-l! I-:~J.. , r-2,o-, ~-I __ ____J ~_l._:_- , .'- .......,......,,-4.t~.....-~...,~ , -- - 1- lJ-- ., " , I " " , : J 'j , . :, , I 'I ,: " ;! :1 ': " . j; ,I II " :1 I; .1 li ! lJ I ' l .. ~-'~'."I. " ""I'\":'IOI"C'f.~..~:'~?"'""'fi",~~,.~:,,:,;!'.\.-~"::t""~r~~~~:"'~,r'i"'t:~";l~')4"O,:"...('t..".~:'f ..i^~~f:~r;:->~:~"""~,-t:.'\o. ....:'....~ EXHIBIT "B" A part of lot 3 in square 50 in the City of Key West. Florida. commencing at a point on the southeast side of Fleming Street 56 feet and 6 inches from the southwest corner of Fleming and Bahama Streets and running along Fleming Street in a south- westerly direction 56 feet and 6 inches; theRce at right angles in a southeasterly direction 101 feet; thence at right angles in a northeasterly direction 46 feet and 6 inches; thence at right angles in a northwesterly direction 45 feet; thence at right angles in a northeasterly direction 10 feet; thence at right angles in a northwesterly direction 56 feet to the place of the beginning. ~ .~~~~.~ .' '. -. '..~''''.', ~ . . " ~...