Resolution 514-1988
R. Michael Managan
Assistant County Administrator
Division of Management Servicers
RESOLUTION NO. 514 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, APPROVING
AND AUTHORIZING THE MAYOR/CHAIRMAN OF SAID
BOARD TO EXECUTE A BUSINESS LEASE BY AND
BETWEEN F. JAMES CHAPLIN AND BETTYE B.
CHAPLIN, AND MONROE COUNTY, FOR THE PURPOSE
OF LEASING COUNTY OFFICES IN MARATHON, MONROE
COUNTY, FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
That the Mayor/Chairman of said 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, for the purpose of leasing County offices in
Marathon, Monroe County, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 4th day of October, A. D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By g~, .?
a: or airman
( Seal)
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Attest :PANNX L. KOLHAGE1 ~lerk
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APPROVEDAS TO FORM
AND LEGAL SUFFIC~NCY.
(~J',a~~
Attorney's Of!, ice
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THIS AGREEMENT, entered into this 'I.,h
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day of Oc.tokr-
,19 88
betw~n F. JAMES CHAPLIN AND BETTYR B. CHAPLIN, 5190 OVERSEAS HWY.
MARATHON, FLORIDA 33050 , hereinafter caned the lessor,
party of the first part, and MONROE COUNTY
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 5 1 6 0
OVERSEAS HWY., MARATHON, FLORIDA 33050 (CHAPLIN BUILDING) AND HAVING
APPROXIMATELY 1500 SQ. FT. OF SPACE.
No.
situate in MARATHON Stateof FLORIDA , to be used and occupied by the lessee as
COUNTY OFFICES and for no other purposes or uses whatsoever, for
the term of ONE (1) YEAR , subject and conditioned on the provisions of
clause ten of this lease beginning the 14 t h day of JUL Y
1988 ,andendingthe 13TH dayof JULY ,1989
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at and for the agreed total rental of FOURTEEN THOUSAND FOUR HUNDRED FORTY FIVE
Dollars, payable as follows: TWELVE HUNDRED THREE DOLLARS AND NO CENTS (1,203.75)
PAYABLE WITHIN THIRTY (30) DAYS OF EACH DUE DATE, COMMENCING ON
JULY 14, 1988 UNTIL JULY 13, 1989
all payments to be made to the lessor on the first day of each and every month ~rl~hc.''' without
demand at the office of CHAPLIN REAL ESTATE In th.; I~" '.r
MARATHON, FL. 33050 or at such other place and to such other person, as i',r
may from time to time designate in writing.
The following express stipulations and conditions are made a part of this lease ~11' '
by assented to by the Jessee:
FIRST: The lessee shall not assign this lease, nor sub-let the premises, or any part thereof 0""
or any part thereof, nor penn it the same, or any part thereof, to be used for any other purpOSI' than a, .
lated, nor make any alterations therein, and all additions thereto, without the written consent of the iL. ".(illl
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 '..
ises at the tennination of this lease.
SECOND: All personal property placed or moved in the premises above described shaIl be ::: "
the lessee or owner thereof, and lessor shall not be liable for any damage to said personal pr"l\r.:"
lessee arising from the bursting or leaking of water pipes, or from any act of negligence of ;,',
occupants of the building or of any other person whomsoever.
THIRD: That the tenant shall promptly execute and comply with all statutes, ordinanc" , '.
orders. regulations and requirements of the Federal, State and City Government and of any and all t h " I
ments and Bureaus applicable to said premises, for the corrcction\ prevention, and abatement of nuisane.'. ,
grievances, in. upon or connected with said premises during saia term; and shall also promptly COmpl) '"
execute all rules, orders and regulations of the applicable fin' prevention codes for the prevention of fires. al I 'I' S
own cost and expense.
FOURTH: In the event the premises shall be destroyed or so damaged or injured by fire or othl'r,,,~,":>l',,
during the life of this agreement, whereby the same shalI be rendered untenantable, then the lessor shall h:n'e tne
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 1" ;
shall be evidenced in writing.
FIFTH: The prompt payment of the rent for sa:
ance of the rules and regulations printed upon this lei'
of such other and further rules or regulations as may t
which the lease Is made and aeeepted and any failure (
lease, or any of said rules and regulations now in exi:
shall at the option of the lessor, work a forfeiture of .
premises upon the (lates named. and the faitLf~::. .",
and which are herehy made a part of this covenant, and
hereafter mnde by the lessor, oro the conditions upon
the part of the lessee to comply with the tenns of said
", or which may be hereafter prescribed by the lessor,
'ntract, and nil of the riR'hts of the lessee hereunder.
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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 IClCal proceedings to recover possession of aald premises, and ex.
pressly aKrees that i~ the event of a violation of any of the terms of this lease, or ot laid rules and regulat.ions,
now in existence or which may hereafter be made said lessor, his agent or attomeys, may immediatel)' re-enter
said premises and dispouess lessee without le~al notice or the institution of any legal proceedlnp whataoever.
SIXTH: If the lessee shall abandon or vacate laid premises bctore the' end of the term ot this lease. or
shall suf{('r the rent to bo In arrears, the lessor may, at his option, forthwith cancel this lease or he ma)' enter
said premises as the agent of the lessee, by force or otherwi~e, without being linble in nny way there~or, and relet
the pr('mise~ with or without a~y furni~uro that ma)' be therein, as t~c n/:ent at ~he lessee, at such price an~ upon
such terms nnd for such duratIOn of time as the lessor mal' dctl!rmmc. and receive the rent therefor, applYlnR' the
lIame to the I'a)'ment of the rent due by these presents, and if the (ull rentlll herein provided Ihan not be realized
b)' lessor o\'er and above the expenses to lessor in such re-Icttinl:, the said lessee sh:1oI1 Ilny Ilny deficiency, nnd if
more th;1/I the full rentnl is realized lessor will pay over to suid lessee the excess of demand.
SEVE~TII: Lellsee agrees to pay the cost of collection and ten per l'ent attorney's fee on Any pllrt of said
fl'ntal that may be collected by suit or by attorney. after the same is past due.
EIGHTH: The lessee agrees that he will pay all charges for rent. ~as, electricity or other illumination,
and for all water used on said premises, and should said chlu'/:es for rent, Ii~ht or water herein provided for at
any time remain due and unpaid for the space of five days alter the same IIh:111 have become due, the lessor may
at its option consider the said lessee tenant at suffer/mce and immediately re-enter upon said prer,nises and the
entire rent for the rental period then next ensuinJ:' shllll at once be due and payable Ilnd may forthwith be collect-
ed bj' distress or otherwise.
NINTH: The said lessee hereby pledges and assigns to the lessor all the furniture, fixtures, goods Rnd
chattels of said lessee, which shall or may f)e brought or llUt on said premises as security for the payment of the
rent herein reserved, and the lessee ngrees that the said ien may be enforced by distress foreclosure or otherwiso
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 nnd 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 sllle or long
term lellse of all or any part of the ; requiring this space, the lessee hereby agrees to vacate
llame upon receipt of sixty (GO) days' written notice and the return of any advance rental paid on account of this
lease.
It being further understod and aRTeed that the lessee will 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 an)' of his agents, shall have the right to enter said premises durinI' all reason.
able hours, to examine the same to make such repairs, additions or alterations as may be deemedneceasary for the
safety, comfort, or preservation thereof, or ot said building, or to exhibit said premises, and to put or kee" 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 ot entry shaH likewise exist for the purpose of removing placards, SilrJlll, fixtures, altera-
tion~, 01. llllditionll, which do not conform to this agreement, or to the rules and regulation. ot the building.
TWELFTH: Lessee hereby accepts the premises In the condition they are in at the belrinnlng of this lease
anti agrees to maintain sllld premises in the same condition, order and repair as the)' are at the commencement ot
lIaiti 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 anl fix.
ture, appliances or appurtenances of said premises, or of the building, caused by any act or neglect ot lessee, or of
any person or persons in the employ or under the cOlltrol of the lessee.
THIRTEENTH: It is expressly ajtreed and understood by Ilnd between the parties to this agreement, that
the landlord shall not be liable tor an)' damage or injury by water, which may be sustained by the said tenant or
other person or fOf any other damage or injury resulting trom the carelessness, negligence, or Improper conduct
on the part ot any other tenant or agents, or employees, or by reason of the breakage, leakage, or obstruction ot
the ",'ater, 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
apinst the lessee, before the end of said term the lessor is hereby irrevocably authorized at ita option, to forth.
,,:ith l'n!1l'el this lease, as for a default. Lessor mllY elect to accept rent from such receiver, trustee, or other judl.
l'1~1 offJl'er during the term of their occupancy in their fiduci:uy capacity without effecting lessor's rights as con.
talned in this contract, but no receiver, trustee or other judicial officer shall ever hllve an)' 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.
emp~ion rights he may have now, or hereafter, under or by virtue of the constitution Ilnd laws of the State ot
FlOrida, or of any other State, or of the United Stales, as against the pllyment of said rental or any porti"n
hereof, or any other obligation or damage that may accrue under the terms of this agreement.
SIXTEENTH: This contract shall bind the lessor Ilnd its assigns or successors, and the heirs, Ilssigns, ad-
ministrators, Iq~Bl representatives, executors or SUccessors as the case may be, of tho lessee.
. SEVE:-:TEENTH: 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 agTeed between the parties hereto that written notice mailed or deliy.
ned to the prcmi~es leased hereunder Ihal) constitute sufficient notice to the lessee and wrItten notice mailed or
de,lh'ered to the office ot the lessor shall constltuto sufficIent notice to the Lessor, to compJ, with the terml of
thiS l'ontract.
~r:-:ETEE~TH: The rights of the lessor under the foregoing shaU be cumulative, and failure on the part of
the lessor l.o uerc;se promptly any rIghts given hereunder shall not operate to forfeit any o( the aald r~htl.
7~E~"7IE7H: It is further understood and agreed between the parties hereto that any charge. apinst
the lessee b)' the lessor for services or for work done on the fremiles b)' order ot the leuee or otherwl.. ac:cruinc
under this contract shall b. considered as rent due and ahal be included So anll1eo tor rent due and uopald.
TWEXTY.FIRST: It is hereby understood and agreed that any signs or adyertJall16 to b. ulOd, Sncludll16
a.nlnln, In connection with the premises Jeased hereunder shalJ be fint submiUed to the lesaor for approy.1 b..
,fore installation 01 lame.
. TWErnY-SECOND: Lessee shall, ~t his expense, keep the premises
~n good order and repair during the term of the lease including but
not l~mited to cracked and broken glass. air-conditio~ing, doors: loc
p;umblng an?electrical, repairing o~ replacing with similar or bette
s~ze c:- ,:'..:.::.:t.,.
. ~.. :""~:.~.';:_-::-:~~);. ~ Lessee agrees to carry general li~b11it:r insurance
:-~~ .: .,~ ~: '" - , - ,,- y...J 0,000/$200.000 per person for bod~ly injury and
~.J~'~:J~, ~er Occurence for property damage. as per F.S. 768.28
, ..: ",':'j,IT~-FOURT~; Lessee has the option to renew the lease for One
(~I ~~ar wlth an lnc~casc based on cpr of the past year.
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~~enty-Fifth: This lease may be terminated by the Lessee upon the following
conditions'
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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 confirnation shall be given to the Lessor that the Lessee has
obtained adequate office space in a governmental building.
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I~j WITNESS WHEREOF, the pa.rties hereto have hCl.cunto executed this im;trument for the
IHll'l;OSC herein expressed, the day and year above written.
~d, s;:Z:,:=n the presence of:.~~ "
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7't~As to Lessor /" C~.. - Lessor ~
ATTEST: MONROE COUNTY
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By,:
Pyl-:--.
Mayor/Chairman of the
Board of County Commissioners
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Lessee
Clerk
As to Lessee
I:
APPROVED AS 70 FORM
AND LEGAL SUFFICIENCY.
S'~ATE OF FLORIDA, . ~ .G;Q J; ~
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n.r". m., a N,""y Publlo in nnd for ",Id i~ nnd County, ",",unally <om. r-.J #l'-t.1f"Y
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wdl l:l\(Jwn and Imown ~ b~ the perso~ named in thc fOl'cgoinc ICD.se, ond-7 "hj4- , l.;
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l~: WIT~ESS Wln~nEOF, I !J:Jve hl!rl!Unto set my 1111nd :md ;11fi::CI! my official scal th:~,J NL
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