Resolution 076-1987
Sheila Malloy, Director
Nutrition Program
Louis LaTorre, Director
Social Services Department
RESOLUTION NO. 076-1987
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHO-
RIZING THE MAYOR AND CHAIRMAN OF THE BOARD TO
EXECUTE A BUSINESS LEASE BY AND BETWEEN THE
SCHOOL BOARD OF MONROE COUNTY AND MONROE
COUNTY FOR THE PURPOSE OF LEASING A FACILITY
FOR CONDUCTING THE SENIOR CITIZENS FEEDING
PROGRAM
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board hereby authorizes the
Mayor and Chairman of the Board to execute a Business Lease by
and between The School Board of Monroe County and Monroe County,
a copy of same being attached hereto, for the purpose of leasing
a facility 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 20th day of January, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
Attest :DANNY L. KOLHAGE, Clerk
)
'.,'~ 0'
J2A.f~ iJ.~
LERK
~,R E"O.,.' ',,'Is.'," TO, Fr.}.. ,.qA~, j)
BY A'D:':;W~C!f?f/~
An,'),-!'!'".s .office ~
~-
l6lusincss
Ificast
THIS AGREEMENT, entered into this
day of
,19
between THE SCHOOL BOARD OF MONROE COUNTY, a corporation under
Florida law , hereinafter called the lessor,
P~rKf~tglf~~o~~a:nd MONROE COUNTY, a political :ubdivision 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 Schoof
W
situate in Key We s t Florida, to be used and occupied by the lessee as a f ac i 1 it
for conductIng the SENIOR
CITIZENS FEEDING PROGRAM and for no other purposes or uses whatsoever, for
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
19 87 , and ending the 31 s t day of December , 1987
at and for the agreed total rental of Rental fee is waived, **but the cost of
DOtIK~l'K~:t'O>>~wl:X utilities as billed by City Electric System
for tne 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 ~ill 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 assented to by the lessee:
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 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 tenanL- 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 illl. rules, orders and regulations of the Southeastern Underwriters Association for the preven-
tion of fires, at .b 15 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 ?pon 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 agents or attorneys, shall have the right to enter said premises, and remove all per~
II
I
I,
I
I
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.
,I
II
shall suffer th~ rent to be in arrears, the lessor may, at his option, forthwith cancel this leas y enter
said premises as the agent of the lessee, by force or otherwise, without bein li . way there~or, and relet
the premises with or without any furniture that may be therein of the lessee, at such prIce and upon
such terms and for such duration of time as th , y ( etermine, and receive the rent therefor, applying the
same to the payment of the ren ese presents, and if the full rental herein provided shall not be realized
by lessor over a , e exp.enses to less~r in such re-letti~g, the said lessee shall pay any deficiency, and if
SEVENTH: Lessee agrees to pay the cost of collection and ~_u~MbJJs's fee on any part of said
/~~that ml!}' he colle~ted. bx_suit or bx-attorney, after the same IS p~~e(mif.uR"w,
UtIlIty cost relmDUrsemenL (**as herp.in seT ~qr~h)
EIGHTH: The lessee agrees that he will pay all charges for/rent, gas, el'ectftClt:y or o'ther 11u"rlfn'ation,
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 the space of five days after the same shall have become due, th~ lessor may
at its option consider the said lessee tenant at sufferance and immediately re-enter upon said premIses and the
entire 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.
chattels of said lessee, which shall or may be brought or put on said premise . e payment of the
rent herein reserved, and the lessee agrees that .. en orced by distress foreclosure or otherwise
at the election of th . ~s ereby agree to pay attorney's f~es of ten per~ent of the amount so
to remodel, alt~r or demolish all or any part of the premises leased her ,Ill the event of the sale or long
term lease of all or any part of the ,.' . g is space, the lessee hereby agrees to vacate
same upon receipt of sixty (60) days' writ . and the return of any advance rental paid on account of this
lease.
It bei
understod and a.gTeed that th~ lessee will not be required to vacate said premises during
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 removing 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.
against the lessee, before the end of said term the lessor is hereby irrevocably auth JOn, to forth-
with cancel this lease, as for a default. Lessor may elect to a sue receiver, trustee, or other judi-
cial officer during the term of their oc . l' I uciary capacity without effecting lessor's rights as con-
tained in this cont celver, tr!lstee or ot~er judicial officer shall ever have any right, title or interest in
emption rights he may have now, or hereaft~r, under or b
Florida, or of any other Sta es, as
aws of the State of
of said rental or any portion
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 shall constitute sufficient notice to the Lessor, to comply with the terms of
this contract.
NINETEENTH: The rights of the lessor under the foregoing shalI be cumulative, and failure on the part of
the lessor to exercise promptly any rights given hereunder shall 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 aJvertising to be used, including
awnings, in connection with the premises leased hereunder shall be first submitted to the lessor for approval be-
fore installation of same.
TWENTY-SECOND: Lessee, for itself and its successors, agrees
that it will hold Lessor harmless of and from any and all liability
and actions and causes of actions, and costs, attorney's fees and
damages arising out of Lessee's use and occupancy of the premises
leas:d herein and shall, during the term of this Lease, and any ex-
tenSIon hereof, furnish to Lessor a Certificate of Insurance from a
res~ons~ble cas~alty insurance company to comply with Lessee's
oblIgatIon hereIn, and further, shall cause Lessor herein to be named
in Lessee's policy as an additional named insured.
_. __. __~______._._.___.______ ,_.______-.-..----.1......~.------ _y__'__ _ ____ .._____ _____~._ __._.....__._.__._ __________________.__.__.____.'.___ _m_....__ .___.... _.u __.....__ ._. .__ ___. ___.____
II TWENTY-THIRD: This agreement may be terminated by either party
Ii at the sole discretion of such party, without cause, unon noti fica-
'II . t ion in wr i t in such nartv to the other three (3) m ; in ad-
vance of such termination. Whereupon, after the expiration of the
II" said three (3) months' 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: THE SrnOOL BOARD OF M)NROF. COUNfY, FIA
As to Lessor
Attest:
As to Lessee
Clerk
STATE OF FLORIDA,
l
County of
Before me, a Notary Public in and for said State and County, personaIly came
to me
By
( Seal
Chairman
Attest:
( Seal
Lessor
Superintendent
MONROE COUNTY, a political subdivi
SIon of the State of Florida (Seal
By
( Seal
Lessee
Mayor/Chairman
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At!/'t(>.:;~; :': (hNr:{"
acknowledged that
weIl known and known to be the persOI1- named in the foregoing lease, and
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 expires
II
T/u:r {1IJ1n/fIlml prepared hy:
Addros
Notary Public, State of Florida at Large.
STATE OF FLORIDA )
COUNTY OF MONROE )
I HEREBY CERTIFY, that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, , Mayor/Chairman,
of MONROE COUNTY, a political subdivision of the State of Florida,
to me well known to be the person described in and who executed
the foregoing Lease, and (s)he acknowledged before me that (s)he
executed the same for the purposes therein expressed, duly authorized
and acting as such officer.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal at Key West, said County and Seate, this
day of , 1987.
NOTARY PUBLIC, State of Fnorida
(SEAL)
My Commission expires:
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