Resolution 070-1988
->
Sheila Malloy, Director
Nutrition Program
RESOLUTION NO. 070-1988
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR
TO EXECUTE A BUSINESS LEASE BY AND BETWEEN THE
SCHOOL BOARD OF MONROE COUNTY AND MONROE COUNTY
CONCERNING PREMISES AT DOUGLASS SCHOOL FOR
CONDUCTING THE SENIOR CITIZENS FEEDING PROGRAM.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor is hereby authorized to
execute a Business Lease by and between the School Board of
Monroe County and Monroe County, a copy of the same being
attached hereto, concerning premises at Douglass School for
conducting the Senior Citizens 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 2nd day of February, 1988.
BOARD OF COUNTY COMMISSIONERS
OF ii~~ID~
By:
MAYOR/CHAIRMAN
(SEAL)
Attest~ DANNY L. KOLHAGE, Clerk
VbLGUL,
CLERK
)
.,. / .
,'J.F'PPOlfFD /18 TO FORIII!
~usin~ss
1ti~ast
THIS AGREEMENT, entered into this
day of
,19 88
between THE SCIIOOL HOARD OF MONROE COUNTY, a corporation under Florida
1 a w , hereinafter called the lessor,
~trJt8fJffi58Jfta~and MONROE COUNTY, a political subdivision of the
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 401 dt~ (Lunch
Room) and 402, of the premises known as Douglass School
~
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
CITIZENS 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 anua ry
1988 ,and ending the 31st day of December .1988
at and for the agreed total rental of Rental fee is waived, **but the cost of
~l~~~~~~~~~ utilities as billed by City Electric System
for the cafeteria electric meter is to be paid by the Monroe County
Nutrition Program and the additional charge for water of $120.00
per year or $10,00 per month which will be paid to the Monroe County
School Board by the Monroe County Nutrition Program.
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The following express stipulations and conditions are made a part of this lease and are here-
by a~~ented to by the lessee:
FIRST: The lessee shall not assign this lease, nor Bub~Jet 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, 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 penon a! property placed or moved in the premi',es nbove described shall be nt the risk of
the l~'ssee or owner thereof, and lessor shaH not be liable for any damul{e to said personnl property. or to the
ll's~e(' arising' from the burstin~ or leakinJC of water pipes. or fl'om any act of negligence of any ('o-tenant or
0ccupants of the buildinlot or of any other person whomsoever.
THIRD: Thot the tenanL-_,hall promptly exeeute nnd eomply with nil statutes, ordinnnces, rules,
orders, re~ulations nnd 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
otht'f J!riC'vances, in, upon. or conncetcd with ~aid premises during said term; and shall also promptly comply
with anel eXt'ctlt~ nJltrule~, ord~rs and regulations of the Southeastern Underwriters Association for the preven~
tion of fire:-1., nL-lJ~JLown cost and expense.
FOURTH: In the event the premise. shall be destroyed or so damnged or injured by fire or other easunlty
during' the life of this agreement, whereby the same shall be rendered untenantable, then the lessor shall have the
ri~ht to render said prembws tenantnhle by repairs within ninety duya therefrom. If said premises are not renderell
tenantable within said time, it shall he optional with either party hereto to cancel this lease, nnd in the event of
~u('h caTlet.llaUun the rent shull uc paid only to the date of such fire or c8suulty. The cancelJution herein mentioned
s.hall be evidenced in writinR'.
FIFTH: Thl' prompt payment of the rent for said premises upon the dates named. and the faithful obscrv-
an{'C of the rules Rnfl regulations printed upon this lease, and which are hereby made a part of this covenant. and
of !mch other Hnd further rules or re~ulations as may be hereafter made by the lessor, are the conditions upon
which the lense is made and accepted and any failure on the pnrt of the lessee to comply with the tenns of said
kase, or any of said rules and regulations now in existence. or which may be hereafter prescribed by the lessor
!=Ihall at the option of the lessor, work a forfeiture of this contract. and aU of the ri~hts of the lessee hereunder'
and theft'upon the ){'ssor, his 8Kents or attorneys, shall have the right to enter said prt'mises. and remove all per~
h">
!'1ll1S therefrom fordbly or otherwise, and the lessee thereby exprt'ssly waives nny and all notice required by law
t\l tt'rminah' tt.'nunl'Y. nnd also waives uny nnd l\lllt.~JCal pl'oceedinKR to recover Jlossession ot said premises, nnd ex.
pre:.;:,I\' Ul:rl'PS that ill the event of a viulation of any of the terms of this lease, or of said rules and rCKulations,
now it\ l'xistence. or which may hereafter be made, said lessor, his agent or attorneys, may immediately re-enter
said premises and dispossess lessee without legal notice or the institution of any legal proceedings whatsoever.
shall suff~r the rent to be in fineal'S, the lessor may, ut his option, forthwith cancel this J y enter
said "n'lIli~e:i liS the fig-cnt of tile If's!U'c, by force or otherwise, without bei . , y way there~or, llnd relet
the prt'll1ises with or without any furniture that may be ther . eot of the Jessee, at such price an~ upon
such tl'rms and for such duration of time ny determine, and receive the rent therefor, applYing the
same to the payment of th ese presents, 31H} if the fun rental herein provided shall not be realized
by lessor e e expenses to lessor in such re.letting, the said lessee shall pay any deficiency, and if
I ."
Ii' a reasona Ie
I / SEVENTH: Lessee ag-rccs to pay the cost of ~ollection anrV'l(,lOf>k~iR attorncy's fcc on any part of said
~ilitcthnt may be colle~ted by suit or by attorney, after the same is p}ll'.t~due. h' f h)
utIlIty cost reImbursement l nas ereIn set ort
II EIGHTH: The lessee ng-rees that he will pay all charg-es for/rent, g-as, electricity or other illumination,
',I nnd for :lIt water used on said premises, and should said rhuJ'g'es for rent, light or water herein provided for at
any time remain due and unpaid for the space of five days after the same shan have become due, thE! lessor may
II at its option consider the said le!'isee tenant at sufferance and immediately re-enter upon said premises and the
I ('ntire 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.
I
I
II
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chattels of said' lesse~, which' shan or may be brought or Jl~t on snid IT ' .' e payment of the
rent herein reserved, and the lessee a fa .. e en arced by distress foreclosure or otherwise
at the eJectio . oE!s hereby agree to pay attorney's f~es of ten per~ent of the amount so
to remodel, aIt~T or demolish all or any part of the premises leased hereunder, or in the ev or ong
tenn lease of aU or any part of the i requiring this . e ereby agrees to vocate
same upon receipt of sixty (GO) clays' written notic 0 allY ndvnncc rental paid on account of this
lense.
II h."
t er,tod and a,greed that th.e lessee will not be required to vacate said premises during
ELEVENTH: The lessor, or any of his agents, shall have the ri!(ht to enter saill premises durin!( all reason-
able hUll rs, tt) ('xnmine 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 least', The ri~ht of entry shall likewise exist for the purpose of removin~ placards, sig-ns, fixtures, altera-
titlll~, ll)' addition:" whil'l\ do not ('on form to thiH a~recment, or to the rules nnd re~ulntionB of the buildin~.
T'V~:LI"1'H: Lf'!-I~ef' hen'by af'cepts the premises in the condition they ure in at the b<'Jt'inning of thi!'1l lease
:In/I :ll:n'l'H to maintain ~mid pr('misl's in the ~ame condition. order nnd repair 8S they arc at the commencement of
!'aid t(,l'm. (O'(C'('ptin~ only f('asonnhle wear nnd tear nrisin~ from the llse thereof under this agreement, and to
make ~ood tu said lessor immediately upon demand, any damage to water apparatus, or electric lights or any fix-
ture, applianc('s or appurtenances of said premises, or of the building', caused by any net or neglect of lessee, or of
:tny p('rgon or persons in the employ or under the control of the lessee.
THIRTEENTH: It is expressly a!(reed and understood by and between the parties to this agreement, that
thl' landlord Rhall not be liahle for any damug-eor injury by water, which nlay be sustained by the said tenant or
other 1)('1'800 or for any other damage or injury resulting from the careJessness, 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, Rewcr or Hnil pipeR, or other leakalfe in or about the said building,
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agnim~t the )e~see, b(>for(' the end of snill term the lPR~mr is hereby irrevocably Buth on, to forth~
with ('8nC'el this Jease, us for n dc(uult. Lessor may clect to a' c receiver, trustee. or other judi.
daJ officer durinJiit' the term of their 0 . IC uClsry capacity without effecting Jessor's rights as con~
tained in thilll co vel', trustee or ot~er jucHciaJ officer shan ever have uny riKht, title or interest in
Ii'IFT~~~JTII. 1..
E'mption rigohht he may have now, or hereaft(,f, under or b vi ! 0 e StAte of
I<'lorida, or of an oth . s, as aga nst the payment of said rental or any portion
SIXTEENTH: This eontrnct "hail bind the lessor ond its assilfns or successors, and the heirs, assigns, ad-
ministrators, le~al representatives, executors or successors as the case may be, of the lessee.
SEVENTEENTH: It is understood and agrced between the parties hereto that time is of the essence of
this contract and this applies to all terms and conditions eontained herein.
EIGHTEENTH: It is understood and agreed between the parties hereto that written notice mailed or deliv-
ered to the premi~es leased hereunder shall constitute sufficient notice to the Jessee and written notice mailed or
delivered to the offiC'c of the lessor shall constitute sufficient notice to the Lessor, to comply with the terms of
this contract.
NINETEENTH: The ri!(hts of the lessor under the foregoing shall be cumulative, and failure on the part of
the lessor to exercise promptly any rights given hereunder shaH 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 lessee by the lessor for services or for work done on the premises by order of the Jessee or otherwise accruing
under this contract shall bs considered as rent due and shall be included In any lien for rent dus and unpaid,
TWENTY-FIRST: It is hereby understood and agreed that any sign. or advertising to be used, Including
awnings, in connection with the premises Jeased hereunder shall be first submitted to the lessor for approval be-
fore installation of same.
T~ENT:~SECOND: Lessee, for itself and its successors, agrees
that It WIll hold Lessor harmless of and from any and all liability
and action~ ~nd causes of actions, and costs, attorney's fees, and.
damages arI~Ing out of Lessee's use and occupancy of the premises
leased hereIn and shall, during the term of this Lease and any ex-
tension hereof, furnish to Lessor a Certificate of Ins~rance f~om a
1:_ ~rps?onsihle casualty insurance company to comply with Lessee's
Ii obI igation herein, aT her, shall cause Lessor herein to be
named in Lessee's po~~_. . an additional named insured.
TW~NTY-TI'TRn: This agreement may he terminated hy either party
;It the sole discretion of such party, without cause, upon notifica-
tion in writing hy such party to the other three (3) months in ad-
vance of such termination. l\'hereupon, after the expiration of the
said three (3) month's notification, all right and obligations of
the parties herein under this Lease shall expire.
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: TIlE SCHOOL BOARD OF MONROE COUNT
FLA,
By
(Seal
Cha1rman
Attest:
(Seal
As to Lessor
Lessor
Superintendent
MONROE COUNTY, a political subdivi
sion of the State of Florida (Se~
Attest:
By
_~(Seal
As to Lessee
Clerk
STATE OF FLORIDA,
__ _ _____f
/'i;t .,.n0/.... C;,,'ir,p
County oL____ __ ____
Before me, a Nutary Public In and for Mid State and County, personally eam"--.-
__~_to me
well known and known to be the person_ named In the foregoing lea... and
acknowledged 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 expire-
Notary Public, State of Florida at Large,
'/liir IWlrt1mml I'rtpnrrd hy:
,I.!drm
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