Resolution 177-1984 Louis LaTorre, Director
Social Services Department
RESOLUTION NO. 177-1984
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO EXECUTE A LEASE AGREEMENT
BY AND BETWEEN THE SCHOOL BOARD OF MONROE
COUNTY, FLORIDA, AND MONROE COUNTY FOR THE
PURPOSE OF LEASING ROOMS 301 , 302, 401 AND
402 OF THE PREMISES KNOWN AS DOUGLASS SCHOOL
FACILITY SAID ROOMS TO BE USED TO CONDUCT THE
SENIOR CITIZEN NUTRITION PROGRAM.
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 Agreement by and between The School Board of
Monroe County, Florida, and Monroe County, a copy of same being
attached hereto, for the purpose of leasing Rooms 301 , 302, 401
and 402 of the premises known as Douglass School Facility said
rooms to be used to conduct the Senior Citizens Nutrition
Program.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 29th day of June, A.D. 1984.
RD " ONN YC,O SDOANERSBAMO
B
Y
Chairman
(Seal)
Attest:DANNY L. KOLHAGE, Cierk
. , ` -df/O
o
erk
APP VE®AS TO FORM
AN A&SWAVENCY.
r
BY
Attorneys Office
•
• `• �I'ORi't 1121 FIAGill:\BUSINESS LEASE. TUTB LANX aCcisT Coco u a PAT o.•Iee
r•' /^Lvwfrinr,Pub%isheiS.Ru!/,gnd,l4
•
' !, ,c,7
Ct ap/' (2104.11f3'. 1. ill .
. •
. , .
•
✓llade this da• y of ,,,--, .
19 84
,•
rt1U L tt.TIE SCHOOL BOARD OF MONROE COUNTY, FLORIDA, a corporation under
Floirtla law, - •
•hereinafter called tho lessor par ow
of the first part,.and MONROE COUNTY, a politica' s iv sion o e tale of viol-Ida,
of the ColAnty.of Monroe and State of Florida,
. hereinafter called the lessee or tenant, party of the second part: :
•
Wherever used herein.,the term"party".shall include the heirs,personal rrpresenlalirrs,
successors and/or assigns of the respeciire parties hereto; the use of the.siugulrr another
shall inched('the plural.and Ihr pin rat the.singular; the use of mur,gender shall•torte!'
all genders;and,if used,the term"note".shall include all the rso/cs herein described if more
• than one ,
aaur1YP11 , 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 301, 302.,
•
401 (Lunch Room) and 402, of the premises known as Douglass School •
Facility, and June 1984 through December 1984 Room 401 (lunch Room) only:
• situate in Key West . Florida to be used and occitpied by the lessee.
as a facility for conducting -the SENIOR CITIZEN'FEEDING PROGRAM• • and for
no other purposes or uses whatsoever,for the term of. twelve (12) months 7
beginning the
1st day of • January • , 19 8'4 , and ending the 31-st ' .
• day of December -, 19 84 , at and for the agreed total rental of
• Rental fee is waived •
r
• at the fixed and computed figure herein for the purpose of •this Lease at FOUR HUNDRED
SIXTEEN DOLLARS ($416.00) per month, paid in advance at the administrative, offices
' of -The School Board of Monroe County, 242 White Street; Key West, Monroe County,
•
Florida.*** Effective- June 1, 1984 pay the cost of -utilities as billed by- City
Electric System for the cafeteria electric meter. -
•
• •
•
• The following express stipulations and conditions are -made a part of this lease
• , and are hereby assented. to by the lessee:- .' - . .
1. 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 there-
of, to be used for any other purpose than.as above stipulated, nor make.any altertz-
tions 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 become the property of the lessor and remain up:on -
- the premises as a part thereof, and be surrendered with the premises at the termina-
. • tion of this-lease.
2. -.111 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 leak-• -
ing of water pipes, or from any act of negligence of any co-tenant or occupants of the '
building or of any other person whomsoever. ' • . • • - • .
• • 8. That the tenant 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 Departments 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'all rules, orders_and• regulations of the South-
• eastez°za Underwriters .Flssociatiozz,for 'the prevention, of fires, at his own. cost and •
. expense. .
4. Izv 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 rend-
- . ered untenantable, then-the lessor-shall havethe right to render said premises tenant-
able by repairs within n:inety.days therefrom. If said premises are zzotrendered tenant- -
• able.zvithizz 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. • ..
1 •arr•d the faithful observance of 'II e rules and regulations pr%ntecl upon 1his lease, and
• • whicl ',ereby made apart of this covenant, and of su ;er and further rules or
regal • as may be hereafter made by the lessor, are •oirclitdvrrs 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_ancZ regulations n076' 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 preen
• • ises, and remove all persons 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.
• . of this lease, or shall suffer the rent to 'be. in arrears, the lessor,may, at 1 • con,
. , forthwith cancel this lease or he may enter said premises as the • of the lessee,
by force.or otherwise, without being liable in any way titer , and reletthe premises
with or without any furniture that may be thereh ' to agent of the lessee, at such
price and upon such terms and for such d• . -ion of time as the lessor may determine,
and receive the.rent therefor,, a •ng the same to the payment of the rent•due by
. • these presents, and if t rental herein provided shall not be realized by lessor
over and above xpenses to lessor in such re-letting, the said lessee shall pay any
deficier . , and if more than the full rental is realized lessor will pay over to said lessee
a reasonable
6. ?6,( Lessee agrees to pay the cost of collection and U attorney's fee on
• any part of saidxl that may be collected by suit or by attorney, after the swine is
past'due. /utility cost reimbu.szent /( ** as herei s t.Wi�rth
7. The lessee agrees that he will pay all charges for rent, gas, etecttrtc',ty or other
illumination, 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, the 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 collected by distress or otherwise.
• fixtures, goods. and chattels of said lessee, which shall or may be • ,' or put on
said premises as security for the payment of tite rer. • • reserved, and the lessee
. agrees that the said lien.maybe en o • c ',stress foreclosure or otherwise at the
election of the said lesso ' oes hereby agree to pay attorney's fees of ten per cent
of the am co lected or found to be due, together with all costs and .charges
• •
. . ,
• event the lessor decides to remodel, alter or demolish all or anz e premises
_, leased hereunder, ,or in the_event of the sale o in ease of all or any part of
• • • • the ; regz<,irine . . , e lessee•hereby agrees to vacate same upon
receipt.of si. . s 'written notice and the return of any advance rental paid on'
. .• vacate said premises du.rirz s the 5
e•y, ovember first to :May.first,
• • 5
8. The lessor, or any of his agents, shall have the right to enter said premises
• - during all reasonable 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 "TOR RENT" at, tiny tire.within thirty (30)• days . .
• before the expiration of this lease. The right of entry shall likewise-exist for the pun-
pose•of removing placards, signs,fixtures, alterations, or additions, which do not con-
. - ••- •form to this agreement; or to the rules and.regulations of the building. ••
. - • 9, Lessee herebj.accepts the premises in the condition.they are in at the be--
ginning of this lease and agrees to maintain said, premises in the same condition, .
. order and repair as they are at the con,rnencement of said term, excepting.only rea- .
• • • seizable 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 fixture, 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.
• 10. • . 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, leak-
age, -or•obstruction of:the water, sewer or•soil pipes, or other leakage in'or about the •
said building. . .
• begun, by or against the lessee;•before the.end of said term the lessor ' . y irrevo-
cably.authorized at its option, to forthwith cancel this le , • or a default. Lessor
•• may elect to•accept rent from such receiver e, or other judicial-officerduring .
the' term of their,occupancy in • uciary capacity without effecting lessor's.
- rights as contained in . ntract, but no receiver, trustee or'other judicial officer
• •shall ever i, • y right; title or interest. in or to the above described property•by
' I • 7 j
• I. home " --'' and exemption r1gh•ts he may have now, or h "• ' : y .c,r or by virtue 1
., . of th€ !.itution and laws of the 'ta .' " '-' . .: -a, or c other State, or of the
-• United States, a.s r'.6 , . ,c, payment of said rental or any portion hereof, or any
r
. 1l1. .462i. This. contract shall bind the -lessor and its-as:signs or successors, and the
heirs, assi,lns, administrators, legal representatives, executors or successors as the
case may be, of the lessee. "
• • 1_3, 7. It is understood.and agreed between the parties hereto that tine i•s•of the
essence of this contract and this :applies to all terms and conditions contaihed
. - .herein. . \,
13.X . It is understood and'agreed between. the Parties hereto that written notice
mailed or delivered 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. .
. . 1'4.- O. The rights of the lessor under.the foregoing shall 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.
' T5•. 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 tinder this contract shall be considered as
• rent due and shall'be'included in any lien for rent due.and unpaid.
16.. 2 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 before installation of same. .
17. Lessee, for itself and its -successors, agrees that it will hold Lessor harm-
less 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 leased herei n 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 obligation herein, and further,
shall cause Lessor herein to be named in Lessee's policy as an.additional named
• insured. . •
18. This agreement may be terminated by either party at the sole discretion of
such party, without cause, upon notification in writing by such party to the
other three (3). months,in• advance of such termination. Whereupon, after.the expir-
ation•of the said three (3) .months' notification, all right and obligations of the
•
parties herein under .this Lease shall expire.
•
•
.:gn lititrtraa nilprrof, the parties hereto have hereunto executed this
instrument for the purpose herein,,expressed,the day'and year above written.
. tigtteb, •Fated alit. Drliuere? itt mum. u of:THE SCHOOL BOARD OF MONROE COUNTY, FLA. .
By:
• Chairman.
. .4s to Lessor ' ' •MONROE COUNTY, a political subdivision -
• ' of the State of Florida, -
. By:
• - ✓4s to Lessee • Lessee
te lit Ift . j. ss . - . .
Trttttt gf MONROE •
•
;J Errebg Cnertifg, That on this day personally appeared before me, an officer
duly authorized to administer oaths and take acknowledgments, -
. • • . , Chairman of THE SCHOOL BOARD OF MONROE 'COUNTY, ,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 there in expressed.
-' I have.hereunto set my hand and affixed my official
seat o t Key West • - . . 'said County and State, this
f D. ��
y 84.
, Notary Public, State of Florida .
' • • • • • My Commission Expires
STALE 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,
- , 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 WITNESS WHEREOF; I have hereunto set my hand and affixed my official
seal at Key West, said County and State, this . . day, of- '- , 1964;
. ) - F - -
(SEAL)
' NOTARY PUBLIC, State of Florida: '
- .' -MY COMMISSION EXPIRES: '
•
•
•
•
•
•
•
•
'r 7 .o ;III• '
. . O .
uI•
O ,' E a/
1 r
,, r ,j ,,,
1, O y
J1 m '
ti ;i
• -< '.I 9�
lI 1'
f1