Resolution 064-1985
Louis LaTorre, Director
Social Services Department
RESOLUTION NO. 064-1985
A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
~OARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO EXECUTE A ~USINESS LEASE
~Y AND ~ETWEEN THE SCHOOL ~OARD OF MONROE
COUNTY, AND MONROE COUNTY, FLORIDA, FOR THE
PURPOSE OF LEASING OF ROOMS 401 AND 402 OF
THE PREMISES KNOWN AS DOUGLAS SCHOOL IN KEY
WEST, MONROE COUNTY, FLORIDA, FOR USE AS A
FACIL ITY FOR CONDUCTING THE SENIOR CITIZEN
FEEDING PROGRAM.
~E IT RESOLVED ~Y THE ~OARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the ~oard of County Commis-
sioners of Monroe County, Florida, is here by authorized to
execute a ~usiness Lease by and between The School ~oard of
1-1onroe County and Monroe County, Florida, a copy of same being
attached hereto, for the purpose of leasing Rooms 401 and 402 of
the premises known as Douglas School in Key West, Monroe County,
Florida, for use as a facility for conducting the Senior Citizen
Feeding Program.
PASSED AND ADOPTED by the ~oard of County Commissioners of
Monroe County, Florida, at a regular meeting of said ~oard held
on the 8th day of March, A.D. 1985.
~OARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
lly ~.~t:a;;-~
(Seal)
OT T~ ^ (':!'M Cl"'r'r
Attest :DANNY 1.1. K J...LI:it:l.u~.l -~-~
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v/JSi~-!{e A' ',~ /. 4/ L /
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APPROVED AS TO FORM
A(iD/iGAL SU~FICIENCY,.) . /1
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, Attorney's OffiCII
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.
~usincss
IJicase
THIS AGREEMENT, entered into this
day of
,19 85
between THE SCHOOL BOARD OF MONROE COUNTY, a corporation under
Florida law , hereinafter called the lessor,
g~1tgf ~~ Vi~lfa~ ~nd MONROE COUNTY, a political subdivision of the
of the County of ' Honroe 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 Rooms 40 1 ~ (Lunch
Room) and 402, of the premises kno~m as Douglas School
ms.
situate in Key vlest Florida, to be used and occupied by the lessee as a facilit
for conducting the SENIOR and for no other purposes or uses whatsoever, for
CITIZEN FEEDING PROGPJU1
the term of twe 1 ve (12) months , subject and conditioned on the provisions of
clause ten of this lease beginning the 1 s t day of January
19 85, and ending the 3ls t day of December , 19 85
at and for the agreed total rental of Rental fee is waived, ~''''~''''but the cost of
~~~~~~~~ utilities as hilled by City Electric System
for the cafeteria electric meter is to be paid 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 pennit the same, or any part thereof, to be userl 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 b~' 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 premi,:es above described shall be at the risk of
the lessee or owner thereof, and lessor shall not be liable for any damag-e to said personal property, or to the
. lessee arising- from the bursting- or Jeaking- 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-__shalI promptly execute and comply with all statutes, ordinances, rules,
orders, reg-ulations and requirements of the Federal, State and Cit.y Go\"(~rnment and of any and all their Depart-
ments and Bureaus applicable to said premisps, for till' C'OITPCt,jOIl. fll'l'\"('I't,joll. anrl nbatemf!nt of nuisances or
other grievances, in, upon, or connected with said premises dnring- said term; and shall also promptly comply
with and execute W1.sules, 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 destroyerl 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 b:o.' 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 premi,ps upon the dates named, and the faitbful observ-
ance of the rules and reg-ulations printed upon this lease, and which a re hereby made a part of this covenant, and
of ~uch other and further rules or regulations as may he 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 tenns 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 rig-hts of the lessee hereunder:
and thereupon the lessor, his agents or attorneys, shall have the rig-ht to enter said premises, and remove all per-
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sons therefrom forcibl)' or otherwise, and tJ](~ leoscc tll,'re),y e:;prr""ly waives any and all notice require,l by la\'/
to terminate tenancy, and also waives any and all leg:al pl"oc""dirws to recover p()~se~'iiun of said premises, and ex-
pressly agrees that in the event of a violation of any of the terms of this lc:1se, or of s:1id rules and regulations,
now in existence, or which may hereafter he made, said les"or, hi~ nQ"'nt or attorneys, may immediately re-enter
said premises and dispossess lessee without lpg-al notice or the il\~titution of any legal proceedings whatsoever.
U .. .... ,'" I 'jl I " r
shall suffer the rent to be in arrears, the lcssor may, at hi:, op!.ion. forthwith cancel this I may enter
said premises as the agent of the less('e, b~' f(1rce or 'JtlH'l"wic'n, \\'illwut hein", " any way therefor, and relet
the premises with or,without ar~y fur,ni~ur,e that may he th'2!iJ . "".t'\'nt. of !he le,~ee. at such price an~l upon
such terms and for such IluratlOll 01 1.11111' n~~\' <!"h'I'IllI11\,. and re,:elve the rent therefor. applymg the
same to the payment of th 'y these pre:;ents, :l1lol i [' the full rental herein rrovided shall not be realized
by lessor ov . 'Ie the expenses to lessor in such re.ll'ltirig. th0 :'aid les;oee shnll pay any defieienc)-, and if
. , .. . qy e /er I ~ .':\irl l' a" f~~~'~ri'a'!h'~mfflWi.
SEVENTH: Lessee agrees to pay the cost of collection :l!Ir1h{;KX:*"XL"{M; attorney's fee on any part of said
I KilU;ll}{t)lat may be collectli'd by suit or by attorney, after the :"am('(;:.)_Il~'1st dl~c,. f 1 )
utlllty cost relmbursement ""as nereln 3et -ort1
EIGHTH: The lessee agrees that he will pay all charv"s If<)r rent. gas. electridty or other illumination,
and for all water used on saill premises, and should ~;lid char;.:.'" 1'''1' rent. lig:ht or water herein provided for at
any time remain due and unpaid for the space of five da~'s aftl'l' the ~;all1e sh:IIl have become ,Ine, 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 eJ1suin~ shaIl at once be due and payable and may forthwith be collect-
ed by distress or otherwise.
chattels of said' lessee, which shall or may b~ 'br~ught or" put
rent herein reserved, and the lessee agrees that ..~
at the election of' o<;s lCreby agree to pay
on sai,! premises layment of the
e "n orced by distress foreclosure or otherwise
'attorney's fees of ten per~ent of the amount so
~E~ITH: It h herel):\, fir-feed find l:lIHIcI~l-b, '
to remodel, alter or demolish all or any part of the premisl's leased 0 e sale or long
term lease of all or any part of the . 'lI1g lIS space, the lessee hereby agrees to vacate
same u on 1'" ays written notice and the return of any advance rental paid on account of this
It hdl'lA frn tl.o t'Jl'ldcut"J I1hd "",d,>,1 U,.,!. ti,e> I..~~e~ "ill !l"t ].( rrllllif, Ii t" .Il At -'~ llnllliuB aui!lg
..hll .. :..t.. .",. '1;"; lI:III1~IJ' Ng"lmllHlr 1m't to J\i-A-y-f-i-Fgt,lt~r'-H4H'4H-4~-lJ!(,! Roove pRrRgl'Rflh.
ELEVENTH: The lessor, or any of his agents, shall bave 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 bu iJding, 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 leakag-e in or ahout the s:lid building.
FOURTEJEN'I'II. If tI,,, Ie"""" ,,1,.']1 j,e~VIlI" ill"vl" ilL ,n if \'"nkt'oJ'ltc) pIoculi'
against the lessee, before the end of said term the lessor is hereby irrevocabl au '
with cancel this lease, as for a default. Lessor may elect tQ..aC.C-C-P um such receiver, trustee, or other judi-
cial officer during the term of their . leiI' Hluciary capacity without effecting lessor's rights as con-
tained in this 0 receIver, tr?stee or ot~er judicial officer shaIl ever have any right, title or interestin
FTF1'FFN1'H. T t>oO~ll r"rQb~" mll.i"ll~ :;\1'111 rll~l?~ for him~ll~ ~~I f~:~ ~~ ~~:~ nIl IHIR'lr8teRft 'HI ~ "'i
emption rights he may have now, or hereafter, under or ~' virtu!' of thn eOlli1t+ tl' I. I Jaws 0 the State of
Florida, or of any other. . lljLe<l States, as against the payment o.f 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 agrced between the parties hereto that written notice mailed or deliv-
, ered to the premises leased hereunder shall constitute liufficient 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- shaH 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 agreCf! between the parties hereto that any charges against
the lessee by the lessor for services or for work done on the premises hy order of the lessee or otherwise accruing
under this contract shaIl 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
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':, use and occupancy of the premises
leased herein and shall, during the term of this Lease, and any ex-
tension hereof, furnish to Lessor a Certificate of Insurance from a
responsible casualty insurance company to comply with Lessee's obli-
gation herein, and further, shall cause Lessor herein to be named in
Lessee's policy as an additional named insured.
TVillNTY-THIRD: This agreement may be terminated by either party
at the sole discretion of such party, without cause, upon notifica-
tion in writing by such party to the other three (3) months in ad-
vance of such termination. ~fuereupon, after the expiration of the
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: 'IHF. SCHOOL BOARD OF NONROE COUN'IY, F1A
~_._--,-
(Seal
Chainnan
( Seal
As to Lessor
Lessor
MONROE COUNTY, a political subdivision
_~~he State of Florida, ~
~
( Seal
As to Lessee '
Lessee
MayorjChainnan
MONROE
\ ss
APPROVED AS TO FORM
GAL SUFFlCI/{J-iCY.
County of
nY
.
STATE OF FLORIDA,
Before me, a Notary Public in and for said State and Countr, personally came
to me
weII known and known to be the person__ named in the foregoing lease, and
acknowledged that
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
Notary Public, State of Florida at Large,
'Il,,:r IlISlmll/OII prtparcd hy:
Aldms
... "
STATE OF FLORIDA )
) ss
COUNTY OF MONROE )
I HEREBY CERTIFY, that on this day personally appeared
before me, an officer duly authorized to administer oaths and take
acknowledgments, , Hayor /Chairrnan, 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 he acknowledged before me that he executed
the same for the purposes therein expressed, duly authorized and
acting as such. officer,
"
IN lUTNESS vJHEREOF, I have hereunto set my hand and affixed
my official seal at Key West, said County and State, this day
of 1985,
(SEAL)
NOTARY PUBLIC, State of Florid
, '
}~ Commission expires;
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