Resolution 168-1984
Louis LaTorre, Director
Social Services Dept.
RESOLUTION NO. 168-1984
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO EXECUTE A LEASE AND
INDEMNITY AGREEMENT BY AND BETWEEN THE SCHOOL
BOARD OF MONROE COUNTY, FLORIDA, AND MONROE
COUNTY, FLORIDA, FOR THE PURPOSE OF LEASING
THE CAFETERIA AREA OF THE PREMISES KNOWN AS
HARRIS SCHOOL ON SOUTHARD STREET IN KEY WEST,
MONROE COUNTY, FLORIDA FOR THE ADMINISTERING
AND IMPLEMENTING OF THE EMERGENCY FOOD
ASSISTANCE PROGRAM OF THE UNITED STATES
DEPARTMENT OF AGRICULTURE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
execute a Lease and Indemnity Agreement by and between The School
Board of Monroe County, Florida, and Monroe County, Florida, a
copy of same being attached hereto, for the purpose of leasing
the cafeteria area of the premises known as Harris School on
Southard Street in Key West, Monroe County, Florida, for the
administering and implementing of the Emergency Food Assistance
Program of the United States Department of Agriculture.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 1st day of June, A.D. 1984.
OUNTY COMMISSIONERS
, CO~:IY' F _ RIDA
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Chairman
By
(Seal)
Attest~;, DANNY L. KOLHAGE, Clerk
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BY
LEASE AND INDEWHTY AGREENENT
This Agreement made and entered into the 13th day of
February, 1984, and reduced to written and signed form this
day of
, 1984 by and between THE SCHOOL BOARD OF
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N9NROE COUNTY, FLORIDA, hereinafter designated as "Owner", and
HONROE COUNTY, a political subdivision of the State o.f Florida,
hereinafter designated as "Tenant",
WITNESSETH, tha't for and in consideration of the terms and
conditions set forth herein, as well as for the designated
rentals to be paid to "Owner" by "Tenant", and for other good and
valuable consideration, "Owner" does hereby agree to lease to the
"Tenant" and authorizes the occupancy and use by "Tenant" of the
"cafeteria" area, known as ~pace no, 070 in Building 3
(specifically excluding the kitchen area, space no. 071) of the
premises known as Harris School on Southard Street in Key West,
Monroe County, Florida, as shown on map of Building 3 of Harris
Elementary School ,attached hereto, commencing on the first day of'
April 1984, and continuing thereafter as herein provided for the
term of twelve (12) months, ending on the thirty-first day of
March 1985, for the agreed total rent of ONE DOLLAR ($1,00)
acknowledged to have been paid in hand by the "Tenant" to the
"Owner".
The Parties mutually understand and agree that "Tenant"
intends to use the premises leased and described herein for the
purpose of administering and implementing the Emergency Food
Assistance Program of the United States Department of Agriculture
in Honroe County, Florida and for no other purpose,
The Parties further mutually understand and agree that the
use of the premises authorized herein shall be limited to six (6)
days per month which six (6) days shall be any six (6) days
without limitation selected in the sole discretion of the
"Tenant" during the hours of 9:00 A.M, through 11:30 A.M, and
1:30 P,M, through 4:00 P.M. on each of the six (6) days for the
purpose of registering qualified individuals and households and
of distributing to those qualified and eligible the cheese,
butter, etc., foods authorized by the program.
The following express stipulations and conditions are made a
part of the Agreement and are hereby assented to and by the
"Tenant" and the "Owner":
The "Tenantll shall not assign this Agreement, nor sub-let
the premises, or any part thereof nor use the same, or any part
t~ereof, nor permit the same, or any part thereof, t~ be used for
,
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any other purpose than as above stipulated, nor make any
alterations therein or any permanent additions thereto, without
the written consent of "Owner", and all structural additions,
fixtures, or permanent improvements which may be made by
"Tenant", except movable office furniture, and similar items of
personal property not affixed to the leasehold premises, shall
become the property of the "Owner" and remain upon the premises
as a part thereof, and be surrendered with the.premises at the
termination of this Agreement.
All personal property belonging to the "Tenant" placed or
moved into the premises above described shall be at the risk of
the "Tenant" thereof, and "Owner" shall not be liable for any
damage to said personal property, or to the "Tenant" 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 any
person whomsoever except the "Ownerll,
"Tenant" agrees to pay the reasonable costs including
reasonable attorneys fees incurred by the "Owner", as determined
by a court, as a direct consequence of lITenant's" damage to the
premises or breach of this Agreement.
It is expressly agreed and understood by and between the
parties to the Agreement, that the "Owner" shall not be liable
for any damage or injury by water, which may be sustained by the
said "Tenantll 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 such other tenant's agent or
employees, or by reason of the breakage, leakage, or obstruction
of the water, sewer or oil pipes, or other leakage in or about
the said building,
2
"Ten[lnt" specifically agrees to hold harmless and indemnify
"Owner" for actual damages 1;vhich "Owner" may sustain as a direct
and proximate consequence of "Tenant's" use and occupancy of the
premises herein described, arising out of the operations
conducted by "Tenant" therein, including court costs and attorney
fees, as determined by a court. However, "Tenant" sh,all not be
responsible for nor held liable for actions of cotenants nor for
the safety and condition of the leasehold premises not
occasioned by the "Tenant's" occupancy or contract, nor for
damages or injury arising from any source except the "Tenant's"
own activities upon the premises. "Tenant" agrees that he will
prior to entry upon the premises at Harris School to be occupied
by it under the terms hereof, secure and deliver to the "Owner" a
Certificate of Insurance naming "Owner", The School Board of
Monroe County, Florida, as an insured for the public liability
damages in the amount of Five Hundred Thousand Dollars
($500,000), covering any and all damages arising out of
"Tenant's" use and occupancy of the premises described herein.
"Tenant" agrees to reimburse the "Owner for that portion of
utilities consumed by "Tenant" during those days it uses the
premises. The charge for utilities consumed by the "Tenant"
shall be determined on the basis of that percentage of total
usage attributed to "Tenant" only and shall be paid by "Tenant"
to "Owner" promptly upon documentation and demand.
"Tenant" further agrees that it will comply with all rules
and regulations promulgated by "Owner" now in force for the use
of the premises at the Harris School facility.
Finally, "Tenant" specifically understands and agrees that
the right to use and occupancy of the described premises by
"Tenant" may be terminated upon thirty (30) days written notice
to "Tenantll served in hand upon llTenant" or its duly qualified
agent by actual physical delivery and receipt thereof at the
Harris School premises in Harris School on Southard Street in Key
West, Florida, or at the Office of the Director of Social
Services of Monroe County, Florida.
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Witness our hands and seals the day and year first above
'i;rritten.
WITNESSES:
OWNER:
The School Board of
Monroe County
,
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BY: A, j, HENRIQUEZ
Superintendent and
Executive Secretary
WITNESSES:
TENANT:
Monroe County, a political
subdivision of the State of
Florida
BY: Mayor & Chairman of
the Board of County
Cormnissioners of
Monroe County, Florida
4
State of Florida
)
) S . S .
)
County of Monroe
I HEREBY CERTIFY, that on this day personally appeared
before me, an officer duly authorized to administer oaths and
~
take acknowledgements, A. J. HENRIQUEZ, Superintendent and
Executive Secretary of The School Board of Monroe County,
Florida, to me well known to be the person described in and who
executeq the forego~ng Lease and Indemnity Agreement, and he
acknowledged before me that he executed the same for the purpose
therein expressed,
I have hereunto set my and and affixed my official seal at
Key West said County and State, this
day of
A.D. 1984,
NOTARY PUBLIC, State of Florida
(SEAL)
My Commission Expires:
State of Florida
)
) S , S .
)
County of Monroe
I HEREBY CERTIFY, that on this day personally appeared
before me, an officer duly authorized to administer oaths and
take acknowledgements,
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 Indemnity Agreement, and ____ acknowledged
before me that
executed the same for the purposes therein
expressed.
I have hereunto set my hand and affixed my official seal at
Key West said County and State, this
day of
A,D. 1984,
NOTARY PUBLIC, State of Florida
(SEAL)
My Commission Expires:
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