Resolution 341-1988
Louis LaTorre, Social Services
RESOLUTION NO. 341 -1988
A RESOLUTION AUTHORIZING THE MAYOR OF MONROE
COUNTY, FLORIDA, TO EXECUTE ON BEHALF OF THE
COUNTY A LEASE ADDENDUM FOR OFFICE SPACE IN
MARATHON, FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
The Mayor of Monroe County is hereby authorized to execute
on behalf of the County an addendum to a lease agreement, which
addendum is hereby attached and incorporated by reference, for
certain office space in Marathon, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the .1.J
day of
4l1just:
, A.D., 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Byg~, .?
Mayor rman
(SEAL)
Attest :DANNY L. KOLHAGE, Clerk
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/l.ppnOl/fD AS 70 rom.J
A,",/D LEG/H. SUFFICIEfVCY.
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LEASE ADDENDUM
The Lease Agreement dated April 5, 1988, and entered into by
Monroe County, a political subdivision of the State of Florida,
Lessee, and F. James Chaplin and Bettye B. Chaplin, Lessors, for
certain premises situated in Marathon, Florida, for use by Lessee
as office space, is for good and valuable consideration, hereby
modified by the mutual agreement of the parties as follows:
The leased space or room shall be the office space at 5160 _
5190 Overseas Highway, Marathon, Florida 33050, having approxi-
mately 5,000 square feet.
The total agreed rental remaining on the term of the Lease
shall be $40,000, payable as follows: $5,000 per month.
This Lease Addendum shall commence effectiveness on the 18th
day of August, 1988.
IN WITNESS WHEREOF, the parties hereto have hereunto execut-
ed this instrument for the purpose herein expressed, the 2nd day
of August, 1988.
Signed, sealed and delivered in
the presence of:
F. JAMES CHAPLIN
As to Lessors
BETTYE B. CHAPLIN
MONROE COUNTY, FLORIDA
By
Mayor/Chairman of the Board
of County Commissioners of
Monroe County, Florida
(Seal)
Attest:
Clerk
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THIS AGREEMENT, entered Into thiI
5th
day of Apri 1
, 1188
between
F. James Chaplin and Bettye B. Chaplin
5190 Overseas Hwy. Marathon, FL 33050 ,herelnafter caDecI the leuor,
party of the first part, and Monroe County
of the County of Monroe and State of
hereinafter called the leuee or tenant, party of the second part:
WITNESSETH, That the said lessor does this day lease unto said leuee, and said lessee
does hereby hire and take as teDaDt under said lessor Room or Space
5160-5180 Overseas Highway, Marathon, FL 33050, and having
_.approximately 4000 sq. ft. (Upstairs)
No.
situate in Marathon
Florida
the term of One Year
clause ten ot this lease belinnlq the
1988 ,and endin~ the 17th
at and for the acreed totaI1'8Jltal of
Dollars, payable as follows:
Florida, to be used and occupied by the I.... as Offices
and for no other purposes or U8I8 what8oever, for
, subject and conditioned OR the provI8iOll8 of
18th day of April ,
day of April . 19 89 ,
Forty-eight Thousand and no/100--------
Four Thousand ($4000) Dollars
per month ~
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shall be paid within 30 days of due date 9. r-
all payments to-~eft-to Ute leasor Oft -the fiut day of each And ~n::&'y Ululith In .dvilUcu 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 leuor
may from time to time designate in writing.
The fonowing express stipulations and conditions are made a part of this lease and are here-
by assented to by the leuee:
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FIRST: Tbe leaee .ball not &slIp tbla 1..... nor .ab-Iet the premieea. or an)' pan thereof Dor ue the __,
or any part thereof. Dor permJt the AIDe. or any ~rt thereof, to be uud for any other purpoM than .. above etlpa-
lated, nor make an)' alteration. thereiD, and all addition. thereto, wltho'lt the written co..., of the ~i1 aDd
all additions, fixtures or Impro...ente wbleb lllay be made by lell4le, except aovable .fllce landture. I be-
come the property of tile lueor aDd remain UpoD the p~'" as a part thereof. and be IUl'NMered with the pre-.
ises at the termination of tbb leue.
SECOND: All pereonal property pJaeed or mOYed in the premises .bo.e dellCriMcl ebaU be a' the I'Jak of
the leSllee or owner thereof. and le..or _11 Dot be U.ble for any damaare to ..id ~ property, er to the
lessee arlainJr from the buretlnc or leaJdnJr of water pi,... or from'any act of neal..... 01 aDy eo-t...nt or
occupants of tbe buUdin. or of any other penoD whomsoever.
THIRD: That the teun" .hall promptly execute and comply with all .....-. ordIuDe-. ruJ..,
ordere. reculanoDl and requirements of the Federal. State and City Government anel el .., .Del aU &Mir Depart.
menta and Bureaus applicable to ..id prem..... lor the correction. preYentiOD, and ....'-eD, ., .u....... or
other ,rievances. in. upon, or cODnected with laid premises darin, aaid tel'1ll; and ..... ... pr~ ...ply
witb and execute ~~... ordere anel reculations of the Southeastern Undenrriten A.....tioa tor tile preYen-
tion of tires. at own cost and opeD".
FOURTH: In the event the premises .ball be deetroyed or 10 dama,ed or tnJu.... _ fin or other CIIlIIIaltJ
durin~ the lite ot thl. acreement, whereby the .....e shan be rendered an tenantable. then the I_r ...1 _.. the
ril'ht to render said premises tenantable by repalre within ninety dap therefrom. If Hid ~:::.... .re lIot ~
tenantable within said time. it .hall be optional with either party bereto to cancel thie aDel In the ....t of
such cancellation the rent shall be paid on1)' to the date of neb fire Or casaalt)'. The caDeeJlation .... m..tiODed
shall be evidenced in writln,.
FIFTH: The prompt payment of' the rent for said premises upon the date. DamN, .. the faitlatal ebHrY.
ance of the rules and reculation. printed UPOII this lease. and which are hereby made a put of thla eovenuat, aDa of sucb other and further 1'1l1.. or replatiODs as may be hereafter made by the 181101', aN the eoIUIItlou ap.
which the lease Is made and accepted and an)' failure OD the part of the lessee to comply with the tent. of laid
lea... or any of laid raJa and reculatlon. now in existence. or which ma)" be hereafter pn.eribed by the 18lllOl'.
shall at the option of the lessor. work a forfeitare of this contract, and all of the rich. of the 1..... hereander,
and thereupon the lellor, hb a,ents or attomeys. shan have the right to enter said prem..... and remove all per.
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sons therefrom forcibly or otherw... and the I..... ther.by expressl, w.iv.. .ny and all notlc. required by Jaw
to terminate tenancy. and aIao waiy.. any and all Ie.-J proc8edbip to recov.r poaesslon of aald 'rem..... and ex.
pr...ly .cree. th.t in the event 01 a Yi.Jatlon of any 01 the t.rms ot this I..... 01' of ..id ral.. and replatlons.
now in existence, or wbleh ..., h.reafter be 1RAd~1 ..Id 1..01'. his acent or attorn.,., ..)' __edlatelJ' .....nter
laid premiaes and dlsp08l4lu I..... with.at I.... aoQCe or the inatitution of "J' lepl proc..... wbateoev.r.
SIXTH: If tb. 1..... shall aband.. or "acate ..Id pr.mises betore thO' end of tile term of this Je.... or
shall suffer the rent to b. In .rre..... the 108101' mQ. at hia option. forthwith canc.1 .lI. I.... 01' h. maJ' enter
said premis.s u th. ...nt of the I...... bJ' fore. or oth.rwis.. without It.ine llabl. in anJ' way t1aenfor. and relet
the premls.s with or without any turnltur. that maJ' b. th.reln. .. the aeent of tho 1...... at such prie. and upon
such terms and for such duration of time .. the lessor may determine. and rec.lve the rent ther.tor, applylnc the
same to the p.yment of the rent da. by thue presents. Dnd if the full rental herein proYided ....11 not be realized
by lessor over .nd above the expe....s to lessor In such ro-Iettine. the said leane shall pay aDJ' d.ficlency. and if
more than the full rental is reali&ed 1..01' will pay over to ..id lessee the excess of demand.
SEVENTH: Lene. .l:I'Oes to pay the cost of collection nnd ten per c.nt attorn.y's fee on any part of said
rental that may be coll.ct.d by suit or hy at.torneJ'. atter the same is past due.
EIGHTH: Th. lease. agrees that h. ",ill pay all charges for r.nt. ..... electricit)' or oth.r Illumination.
.nd for all water used on said premis... and Ihould Aid ch.r"es for rent. njfht or water h.r.in provided for at
any time remain due and unpaid for the space of five days after the s.me shall have beeo.. du.. the lessor may
at its option consider the said lessee ten.nt .t lufferanc. and immediately .....nter upon said premi... and the
entire rent tor the rental period then next ensuing shall at once be due and payable and may forthwith b. coJ1eet-
ed by distress or otherwise.
NINTH: The said l.sse. hereby pledces and uslgns to tbe lessor all tbe furnitare, fixtures. goods .nd
chattels of said Jessee, wblch sh.ll or may be broupt or put on said premiles as security for the pa1lll.nt of tb.
rent herein reserved. .nd the less.e .J'I'." that the laid lien may b. enforced by dlstre.. foreclosure or otherwise
.t the election of the ..id 1...01'. and do.. ber.by aero. to pay attomey's fees of t.n percent of the .mount 10
collected or found to b. du.. togeth.r with all costs and eharges therefor. incurred or paid It, tho lenor.
TENTH: It is hereby -creed and und.ratood betwe.n lessor and less.. that In the n.nt the leuor decide.
to remodel. alter or d.moUab all or any part of the premises Jeased hereunder. or In the ov.nt of the sal. or lone
term lease of all or anl part of lb" : requiring this spac., the Ie.... herebJ' acr... to vacate
same upon receipt of lixty (60) days' written notice and the return of any advance rental paid on account of this
lease.
It bein~ further underatod and aITeed that the lessee will not be required to vacat. ..id prem.... durlnc
the 1I.inter leuon: namol,. November first to May first. bJ' reason of the above par.J'I'aph.
ELEVENTH: The lessor. or any of his agents. .bin have tho right to .nter said prem.... durin.. all reason-
able hours. to examln. the same to make sueh repairs. addition. or alterations.. may be deemed D.C....r)' for th.
safety. comfort. or preservation thereof. 01' of a&ld building, or to exhibit said prem.... and to put or ireS\>> upon
the doors or windows th.r.of a notice "FOR RENT" at any time with hi thirty (80) da,. before the expiration
of this lea... The riCht of ellt.1'J' ahan likewise .xlst for the purpose of r.movln~ placard.. Iiams. fixtures. alter.-
tions. or additions. which do not conform to this aITe.ment, or to th. rules and replation. of the buildlne.
TWELFTH: Lessee hereby accepts the premises In th. condition they .re in at the b.cillDine of this I....
.nd aITee. to maintain did premises in the sam. condition. order and repair u theJ' are at the comm.ncement of
said term, excepting only reasonahl. w.ar and tear arlaine from the use thereof under thIa apement, and to
m.ke good to satd leuor immediately upon d.mand. any damap to wat.r apparatus. or .lectrlc Uarbts or an)' fix.
ture. appli.nces or appartenaac.. of ..id pr.m..... or of th. building. caused b)' an)' act or necl.ct of I...... or of
.ny persoD or p.rsons in th. emplo)' 01' under the control of the l.uee.
THIRTEENTH: It Is 'oxpressl, agreed and understood b)' and betwe.n the parti.. to this aenement, that
the I.ndlord .han not b. liable for .ny clam.p or lnjul')' b)' wat.r. which may be suatalnecl b)' the said .aat or
other person or for any oth.r da~ or injul')' r..ultinc from the c.rele..n.... necliceneo, or .proper eoneluct
on the part of any other tenaDt or acents, or .mploy....or by reason of the breatcace, Ie...... or obdnactllcm of
the water. sewer or soil pipes. or other I_leap in or about the ..id bulldin..
FOURTEENTH: U tho 1..... shall b.com. insolyent or If bankrupk)' proceedln.. lhall be bapn b)' or
spinst the lessee. before the .nd of said term th. lessor ia hereby Irrevocabl, authorized at Ita option. to forth-
with c.nc.1 this lease. as tor a delault. Lessor may .l.ct to accept rent from such rec.i".r. tru...... or other Judt.
dal officer darine the term of their occupancy in their fiduciary capacity without effectln. 1_l"s riPta .. con-
tain.d in thi. contract, but no rec.lver. tru.tee or other judicial otfle.r ahan .nr hay. anJ' ......t, title or lnte....' .In
or to the .bon describ.d property b)' virtu. of this contract.
FIFTEENTH: Lesse. b.r.by wains and r.noanCh for himself and tamlly an, and all homes..... aad .x-
emption rights he may haY. now. or hereafter. und.r 01' by virtu. of the constitution an' lawa of the State of
Florida. or of any other State. or of th. United States. as apinat the pa1lll.nt of said r.ntal or anJ' portion
h.reof. or .ny otber obligation or damac. that may aecru. and.r the terms of this acreeaaent.
SIXTEENTH: This contract shall bind the lessor and Its assigns or successora. anel the heirs. ..ips. ad.
mlnistr.tors. leg.1 repr.sentatives. executora or successora aa the c.s. may b., of th. I.....
SEVENTEENTH: It Is understood and agreed between the parties hereto that time I. of the ....nc. of
this contr.ct and thia .ppJiea to all terms and conditions contained her.in.
EIGHTEENTH: It is understood and qreed between the parties h.r.to that written notic. maU.d or deU".
ered to the premises l....d hereunder shall constitut. lufflci.nt notie. to the I.... and written notleo mailed or
delivered to the ollie. of the lessor shall constitute sufficl.nt notic. to the IAnor. to col8pl)' with the terms of
this contract.
NINETEENTH: Th. r1chta of the leasor under the foregoing shall be CUIIlulatl".. aad fanura on tile part of
th. lellor to exercise promptly an, rlghu given hereunder shall not operate to forf.lt aD, of the said rich'"
TWENTIETH: It Is f\lrth.r und.rstood and aJ'l'e.d ~.twe.n the parties hereto that anT ...... .......'
the lessee by the lessor for aervIc.. or for work dODO on theprem.... b, orel... of the I.... or otbenrfae accrulnc
under thia contract shall b. considered u r.nt due aad shall b. Included In aa, lion for ,., due and unpaid.
TWENTY.FIRST: It is h.reb, und.rstood and qreed that aD1 sips or adYel'tlalnc to be uecI. lneludm.
aWDinp. in connection with the premises l....d her.under....lI be fint _baltted to the .... for approval be.
fore in.tallation of ...... ..
TWENTY-SECOND: Lessee shall, a't 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-conditIonInf' doors. loe .
plumbing and electrical, repairing or replacing with sim lar or bette
size or quality. .
TWENTY-THIRD: Lessee agrees to carry general liability insurance
in the amount of $100.000/$200,000 per person for bodily injury and
$lOO,OuO per occurence for property damage, as per F.S. 768.28
TWENTY-FOURTH: Lessee has the option to renew the lease for One
(1) Year with an increase based on CPI of the past year.
If
TWENTY-FIFTH: This lease may be terminated by the Lessee upon
. ..th.e fo 1 lowing con- ,1S : ~:ii;
." 1. Written no&~ce of intention to terminat~said .___~ shall be
given to the Lessor noti 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.
'IWENlY-SIX'1'H: Lessee agrees to pay to Lessor $50.00 per ltDnth for
water service.
netIY-SEVENl'H: Lessee agrees to pay for garbage service.
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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
/!/~.h J1 ::rre~
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/ As to LeUo
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DAN 1... .. furk
2tJL~ ~"..~ -Dc~
I to Leasee
(Seal
(Seal
(Seal
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STATE OF FLORIDA,
MONROE
Count7 of
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Before me, a Notary PabUc fD and for ..tel State and COUDt7, ~ cam- F. Jaaes Chaplin
and Bettye B. Chaplin
well knoWD and known to b. the pe1"IIOa..!...- named tD the tonp.. Ieue,.... they
acbowledred that they executed the same tor the parpoae thereba _pllld."
~..
IN WITNESS WHEREOF, I have hereunto set 1Il1 hand Del affbe4 ., oftlelal ...t ~
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f'-.lA I~C H . ,.~ /J ) 't.~ \li, /)1: ./
IOlARY PUBLIC STATE OF FLORIDA -'fl'"f ',-I: "l )' t/ ti'i.{ 'l... (. ~{(, y.
Il COR"ISSION EXP. FEB.14,1992
1f1 commilsloD ezplr- 8018t8 WRIf 6tIKRAL INS. liNe.
day of
Notary Publie, State of J'loricla at Lure.
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1.711:f /IIJlmntml prrpttm/ !Jy: COU"
1 310 'Fleming Sf
Aml"JS Key West, F'
;" Attorney
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