Resolution 289-1987
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Rand Winter
Public Defender
RESOLUTION NO. 289 -1987
A RESOLUTION RESCINDING RESOLUTION NO.
268-1987 AND 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.
WHEREAS, the Board of County Commissioners of Monroe County,
Florida, previously passed and adopted Resolution No. 268-1987 on
July 7, 1987, and
WHEREAS, the Board now desires to rescind said Resolution
No. 268-1987, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. Resolution No. 268-1987 passed and adopted on July 7,
1987 is hereby rescinded.
2. That the Board hereby authorizes the Mayor/Chairman of
the Board to execute a Business Lease by and between David W.
Wo1kowsky 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 D~fender's office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 21st day of July, A. D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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( Seal)
A tte s t : DANNY L. KOLHAGE, Clerk
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BUS I N E S S LEA S E
THIS AGREEMENT, entered into this
day of
1987, by and between DAVID W. WOLKOWSKY, hereinafter called the
lessor, party of the first part, and the BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, 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 made a part hereof, situate in Florida, to be
used and occupied by the lessee as Offices of the Public Defender
and for no other purpose or uses whatsoever, for the term of two
(2) years, subject to and conditioned upon the provisions of
Clause Fifteen of this beginning on the first (1st) day of
October, 1987, and ending on 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, 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 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 altera-
tions 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
above-described premises 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-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. 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
percent 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, lights
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 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 preserva-
tion 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 fixtures, 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.
2
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 hereof 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 "B" attached hereto.
FIFTEENTH: The parties hereto agree that this lease may be
renegotiated, by either party giving written notice to the other
party, within six (6) months of the termination of this lease.
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:
DAVID W. WOLKOWSKY
Witnesses
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIRMAN
(SEAL)
Attest:
CLERK
IlPPROVED AS TO rOW'?
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EXHIBIT "A"
Kress Building 2nd floor
Public Defender 5 330 square feet
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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; thence at right angles
in a southeasterly direction 101 feet; thence at right angles in
a northeasterly direction ~6 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.
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