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Resolution 053-1989 George Harper, Acting A.C.A. Division of Management Services RESOLUTION NO. 053 -1989 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ- ING THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A BUSINESS LEASE BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND BOB WILLIAMS AND SUZETTE WILLIAMS CONCERNING THE OPERATION OF THE SNACK BAR AT THE PUBLIC SERVICE BUILDING, STOCK ISLAND, KEY WEST, FLORIDA. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute a Business Lease between the Board of County Commissioners of Monroe County, Florida, and Bob Williams and Suzette Williams, a copy of same being attached hereto, concerning the operation of the snack bar at the Public Service Building, Stock Island, Key West, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the~ day of J~~&A.II V'J , A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By $I~it~n (Seal) A tte s t : DANNY La KOLHAGE Clerk ,.. .- - , , - --t2 A ~J~ .Ao./ er ' APPROVED AS TO FORM AN/J LEGAL SlJ.-ptICIENCY. ~ /. it' ,. . .. r-: I BY.! .' i '~t ;.,Ut 1fJ1L , A ntJ 0IIJI:e SV: 8 \i (2 NVr 68. GbOJJa tiGJ 0311.:1 .... . ..... - tJju5iut55 1fita5~ THIS AGREEMENT, entered into this day of , 19 8 9 between the Board of County Commissioners of Monroe County, Florida, , hereinafter called the lessor, party of the first part, and Bob Will iams and Suzette Will iams, his wife, 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 B~xxxxxxxx~Jti~ the area known as the snack bar, with its storage room and adjacent outdoor li.. space situate in Monroe County, Florida, to be used and occupied by the lessee as a food se TV ice f ac i 1 i ty and for no other purposes or uses whatsoever, for the term of five ( 5) years ' subject and conditioned on the provisions of clause ten of this lease beginning the 1 s t day of Fe br ua ry 19 89 , and ending the 31st day of January , 19 94 , at and for the agreed total rental of twelve thousand (12,000) Dollars, payable as follows: two hundred (200) dollars per month, beginning on February 1, 1989, and a like amount at monthly intervals thereafter until the total rental has been paid in full; however, the monthly rental shall be subject to renegotiation at the request of either party on each anniversary date, 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 County Administrator in the City of Key West 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: Ii I' ,I II 11 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 stipu- lated, nor make any alterations therein, and all additions thereto, withoqt 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 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 upon 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 a~l'nts or attorneys, shall have the right to enter said premises, and remove all per- II I' Ii ,I 11 !! ~#..... --:- 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 a 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 without legal notice or the institution of any legal proceedings 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 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 be collected by suit or by attorney, after the same is past due. and for all wate~ used on said premises, and should said charges for rent: light or WAter -It . roVl ed for at any time remain due and unpaid for the space of five days afteI:-th~sAII'" shall have become due, the lessor may at its option consider the said lessee tferance and immediately re-enter upon said premises and the entire rent for en next ensuing shall at once be due and payable and may forthwith be collect- HWise. 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 prn~p.rt~ ; requiring this space, the lessee hereby agrees to vacate same upon receipt of sixty (60) days writ en no ice and the return of any advance rental paid on account of this lease. It being further understod and agreed that the lessee wiII 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 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 removin~ 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 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 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: It the lessee shall become insolvent or if bankruptcy proceedings shall be begun by or against the lessee, before the end of said term the lessor is hereby irrevocably authorized at its option, to forth- with cancel this lease, as for a default. Lessor may elect to accept rent from such receiver, trustee, or other judi. cial officer during the term of their occupancy in their fiduciary capacity without effecting lessor's rights as con- tained in this contract, but no receiver, trustee or other judicial officer shaIl 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- emption 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 delivered to the office of the lessor shaIl constitute sufficient notice to the Lessor, to comply with the terms 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 shaIl 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 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. TWENTY-FIRST: It is hereby understood and agreed that any signs or advertising to be used, including aWDfnp, in connection with the premises leased hereunder shall be first submitted to the lessor for approval be- fore installation of same. See attachment for paragraphs Twenty-Two through Thirty. t:-.~ 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: Board of County Commissioners (SEAL) of Monroe County, Florida (Seal Attest: As to Lessor Clerk /1 " i.){ iA- P ~ ( -). -e--t-, ~<--J!/-r-r~____-- 7 As to Lessee ,/ By: ay~or tlI!ii~ B(~~JJl;d4'o . -,/ Lessee Suzette Williams (Seal (Seal ( Seal County of Monroe ! APPROVEDM TO,., AND L.EGAL stJFFJCIBII(/~, BY .~' , '..1 '-... J .' ^ . ... ( A.ttorney's 0f4w STATE OF FLORIDA, Before me, a Notary Public in and for said State and County, personally came Bob Williams and Suzette Williams to me well known and known to be the person...S..- named in the foregoing lease, anil t. hey acknowledged that t.hey executed the same for the purpose therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official 8eal th.. u-rL day of , 19-Jt..--~., /~ _.). '-A~C: /,,-f L ~"~~ ~. A-<-" . ~/ '- .,/ , . / ~. /Ix (. < A~. -2-/ A -;- (J I lJ Notary Pvh;:(. Sfl!te of F1"rhlu My COr.1mb~'Ji1 h,'>cs fwg. ~l., 1992 My commission expire" Bonded r"," h., Fc," . in,"rcnc. Inc. Notary Public, State of Florida at Large. J1u:r Il/Slmfllml prepared by: George W. Quinnell, Asst. County Attorney Address 310 Fleming Street, Key West, Florida 33040 TWENTY-SECOND: Hours of operation shall be 7 a.m. to 5:30 ~~~ p.m., Monday through Friday, except during County holidays, power outages and extraordinary weather conditions. Lessee shall also provide extended hours upon lessor's request. TWENTY-THIRD: Lessee shall provide daily hot meal specials, baked goods, sandwiches, beverages and snacks, and shall be receptive to customer suggestions and preferences. TWENTY-FORTH: Lessee shall provide snack and soft drink vending machines for off-hours service. TWENTY-FIFTH: Lessee shall provide all necessary kitchen equipment, including an electric stove, refrigerator, and ice cream freezer. T~~NTY-SIXTH: Lessee shall accept telephone orders for food during all hours of operation. Tw~NTY-SEVENTH: Lessor shall provide, at no cost to lessee, all electricity, illumination, water, sewer and garbage disposal needed for reasonable operation of the snack bar. TWENTY-EIGHTH: Lessor shall maintain and repair all structural and utility portions of the building and adjacent area. TWENTY-NINTH: Lessee shall obtain, from an insurance ~ompany approv:d by lessor, general and public liability ~nsurance cover~ng lessor and lessee against claims for personal injury or death resulting therefrom on account of accident to third persons or the pub lic which might arise out of or in connection with any act(s) of lessee's agents, invitees or employees. The amount of such insurance shall be not less than $100,000 per person or $300,000 per event. A copy of the insurance certificate showing this level of insurance and lessor as co-insured, and providing for notification to lessor of cancellation at least 10 days before the effective date of cancellation, shall be presented upon execution of this lease to the Risk Management Coordinator at the Public Service Building on Stock Island, Key West, Florida. THIRTIETH: This lease shall be renewable at lessee's option for an additional five years unless lessor gives written notice to lessee, at least 60 days before the lease's termination date, of lessor's intention not to renew the lease.