Resolution 231-1988
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Monroe County Commission
RESOLUTION NO. 231 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING
THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE A
BUSINESS LEASE BY AND BETWEEN F. JAMES CHAPLIN
AND BETTYE B. CHAPLIN AND MONROE COUNTY
CONCERNING OFFICE SPACE IN MARATHON FOR THE
PUBLIC DEFENDER.
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 by and between
F. James Chaplin and Bettye B. Chaplin and Monroe County, a copy
of same being attached hereto and made a part hereof, concerning
office space in Marathon for the Public Defender.
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 June, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
b!<,?' 4
BY: ~~ ,e../
(Seal)
Attest: DANNX L. KOLHAGE, Clerk
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.- Attn"nmj':: Qffire
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day of
, 1988
THIS AGREEMENT, entered into this
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 for the Office of the Public Defender
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 5170
Overseas Hwy., Marathon, Fl. 33050, and having approximately 1400 sq. ft.
No.
situate in
Marathon
Florida, to be used and occupied by the lessee as
and for no other purposes or uses whatsoever, for
, subject and conditioned on the provisions of
1st day of October
day of September
Twenty Seven Thousand Three
the term of Two Years
clause ten of this lease beginning the
19 87 ,and ending the 30th
at and for the agreed total rental of
Dollars, payable as follows:
1st Year: One Thousand One Hundred Dollars ($1100.00) per month:
payable within thirty (30) days of each due date, conmencing
on October 1, 1987 until September 30, 1988.
, 19 89
Hundred Twenty Four
2nd Year: One Thousand One Hundred Seventy Seven Dollars ($1177.00)
per month, payable within thirty (30) days of each due date,
comnencing on October 1, 1988 until September 30, 1989.
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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 Estate in the City of
Marathon, 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 here-
by assented to by the lessee:
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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, 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 personal property placed or moved in the premises above described shall be at the rislt of
the lessee or owner thereof, and lessor shall not be ltat>le for any damage to said personal property, or to the
lessee arising from the burstinlt or leakinlt 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 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 execu;e ~l~~les, orders and regulations of the Southeastern Underwriters Association for the preven-
tion of fires, a 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 ot 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 ot 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 thereUpCln the lessor, his ngents or attorneys, shall have the right to enter said premises, and remove all per~
sons therefrom forcibly or otherwise, and the lessee thereby expressly waives any and an notice required by law
to terminate tenancy. and also waives any and aU legal proceedings to recover posseSlllon 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 whatsoenr.
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 the.. 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 reutal is realized lessor will pay over to said lessee the excess of demand.
SEVENTH: Leasee agrees to pay the cost of collection and ten per cent attorney's fee on any part of said
rental that may be coUected by suit or by attorney. after the same is past due.
EIGHTH: Th. lessee agrees that he wiJI pay all charges for rent, gas, electricity or other Ulumination,
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 th. apace of five days after the same shall have become due. the l.-or may
at ita option consider the said lessee tenant at sufferance and immediately re-enter upon laid preml.. and the
entire rent for the ratal period then lIext eMUing shall at once be due and payable and may forthwith b. collect-
ed by distress or othenrtH.
NINTH: Th. aid 1..... hereby pl"es and ..igns to the lnaor all the furnitur.. fixtures. pocb and
chattels of laid I...... which shaD or 18&Y be broapt or put on said premises as security for the paym.nt of the
rent h.rein reeened. ad the 1.... qnea that the laiel lien may be enforced by distress foreclos9re or,otherwiae
at the el.ction of the laid lessor. anel d~ h.r.by ...... to pay attorn.y's fees of ten percent of the amount ao
collected or found to be du.. topther wit. aU colts and charges therefore incurred or paid by th. Jessor.
TENTH: It fa hereby acreed &Del und.rstoocl between lel80r and lessee that in the ".nt the JeslOr decid..
to remodel. alter or elemoliah aU o~li m~ the premises leased her.und.r. or in th. ...nt of the ..I. or 10....
term J.... of aU or any part of th : requiring thla space. the 1..... h.reby acre.. to neate
sam. upon receipt of sixty (10) cla7l' written notic. and the r.turn of any advance rental paid on account of this
I.....
It being furth.1' uderstood and agreeel that the I.... will not be required to neate said premiaea dun..
the winter HUOn: .....Iy. Nov..b.r first to Jlay firat, by reuon of th. above paraa'l'aph.
ELEVENTH: The lellOr. or any of bJa apnta. aha11 have the right to enter said premiaea durin<< aU reuon.
able hours, to examine the lame to mall. such repairs. additions or alterations as may b. deemed nece..!')' for th.
saf.ty. comfort. or preservation thereof. or of aaid building. or to exhibi~ said premJaea and to put or keep upon
the doors or windows th.reof a notice "FOR RENT.' at any time within thirty (30) da)'ll before the expiration
of this lease. The right of entry aba11 likewise exist for the purpose of removing placards. signs. fixtures, aJtera.
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 le..or 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 expreaaly agr.ed 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. negligellce. or improper conduct
on the part of any other tenant or agents. or employees, or by r.ason of the breakage. leakage. or obstruction of
the water. s.wer or soil pipes, or other Jeakage in or about the said building.
FOURTEENTH: U the I..... shan become insolvent or if bankruptcy proceedings shan be begun by or
against the lesse., before the end of said term the leslor is hereby irrevocably authorized at its option, to forth.
with cancel this lease, as for a d.fault. Lessor may elect to accept rent from such receiv.r. trustee. or oth.r 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 sha1l ever have any right. title or interest ,In
or to the above described propel't7 by virtue of this contract.
FIFTEENTH: Le.... hereby waives and renounces for hims.lf and family any and a1l 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
h.r.of. or any other obligation or damace that may accrue under the terms of this agreement.
SIXTEENTH: This contract shan bind the lesaor and ita assigns or successors. and the heirs. assigns. ad.
ministrators. lepl representatives. executora or successors as the case may be, of the leaee.
SEVENTEENTH: It is understood and agreed between the parties hereto that time is of the e..ence of
this contract and this appli.. to a)) terms and conditions contained herein.
EIGHTEENTH: It is understood and agreed between the parties hereto that writteD notic. mail.d or deliv.
ered to the premises leased hereunder ahan constitute a_ieient notice to the l...e and written notic. mailed or
delivered to the offie. of the lessor shall constitute sufficient notice to the Leaor. to compl, with the terms of
Uns contract.
NINETEENTH: Th. rights of the lessor under the foregoing sha)) be cumulative. and failure on the part of
the le..or to exercise promptly any rights Jiven herellnder sha)) 1I0t operate to forfeit any of the said rights.
TWENTIETH: It is further understood and aarreed between the parties hereto that an,. charges against
the lessee by the lessor for services or for work done on the premises b, order of the less.. or otherwise accruing
under this contract shalJ be considered as rent dlle and shall be includ.d in allY lien for rent due and unpaid.
T,!ENTY.FI~ST: It is hereby ~nderstood and agreed that any signa or advertising to be used. including
awnings. In connection with the premlles leased hereunder sha)) be fint sllbmitted to the lessor for approval be-
fore instaUation of same.
Twenty-Second: Lessee Shall, at his expense, keep the premises 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 shall carry
insurance on all glass in the premises, in a company acceptabl'to the Lessors,
in the full amount, and shall provide evidence to Lessors, if requested, during
the term of the lease.
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If Lessee does not make repairs promptly or maintain premises adequately
then Lessor, may but is not obligated to, make repairs, or provide maintenance,
and Lessee shall pay to Lessor, promptly, upon demand, the cost thereof.
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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 premises or any other part thereof, or any
equipment, appurtances, and inventory therein,becoming out of repair, or resulting
from any accident in or about the premises, or resulting directly or indirectly
from any 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 anyone 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 aIOOunt of $500,000, in a conpany 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 cancellation of said
policy. Proof of coverage shall be delivered promptly to Lessor or his agent.
Twenty-Fourth: Lessee has the option to renew the lease for one year with
an increase based on CPI of the last year.
Twenty-Fifth: This lease may be terminated by the Lessee upon the following
conditions:
1. Written notice of intention to terminate said lease shall be given to
the Lessor not less than One Hundred Twenty (120) days prior to such termination,
and
2. Written confirmation shall be given to the Lessor that the Lessee has
obtained adequate office space in a governmental building.
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:
y:J' G -€.4.-
--~~ ~ ...LC!~ n .
/hA~~d l!frfifL)
As to Less r
(Seal
d. eL ~~ t'?;v
Lessor
( Seal
(Seal
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( Seal
As to Lessee
Lessee
:::;:;VED AS TO .'='O:;i:,~~
BY i;:.:~r~';!J../., A
Attornoy's Office p.
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STATE OF FLORIDA,
County of Monroe
Bof.... me, a N .ta",. Publi. 'fInd for oaId State ~ C..n.,.. p....,..11y ..m. F ;r A 1"1 ~ r
Ch4-l/.-r <:t- 6-J1-Y-~ jJ. CAtall~
well known and known to be the person.-I:.- named in the foregoing lease, anti Ii. 7
acknowledged that -, , .... r executed the same for the purpose therein expreued.
to me
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
, 19cf?
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day of
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My commission expire'"
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nus /mlnJfllt'fIl prepared hy:
Address