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Resolution 315-1982 Commiss______- Swift -..--- RESOLUTION NO. 315 -1982 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY CO~1MISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A B~SINESS PROPERTY LEASE BY AND BETWEEN OLD TOWN KEY WEST DEVELOPMENT LTD. AND MONROE COUNTY FOR USE AS OFFICE SPACE. BE IT RESOLVED BY THE BOARD OF COUNTY CO}fMISSIONERS 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 Business Property Lease by and between Old Town Key West Development Ltd. and Monroe County, a copy of same being attached hereto, for use as office space. Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 13th day of December, A.D. 1982. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (Seal) #,""j I I l /".' Q:/'7' ..<'1. O"/~j ,~,;t BY//! "<"'~or ; Ch:~;:~~~'~w,~"i / /J, ( Attes t : R~I u,U '~f lm~iTf. ~1 rr"( ~"~Prl P:l:.;: O~O~":'l .4PPF(()'l/E,O /'15' FO FC.t-:':,~,j AND GALS~~AC~NC~ 8Y~~~;~ Attorney"" ORiCfJ ~twefn and ~ BUSINESS PROPERTY LEASE m~i5 !-greement, entered into Ihis......13th........d~y of OLD TOWN..K.E\(WESLOE.v.E.LOPM~.~I. LJD!.. ..Decemb.er.. ..... ..........19..132 ..., hereinafter called LANDLORD. MONROE COUNTY . . hftrtuftu called TENANT . - - - - -. -. -.. ~ - - -. -- -.-' - - - - -.- -. - - - - .' - - - - - - - -. - - -. -' - - - - -- ..--. - ------ - --- -.- -.- - - -- - - .--_.- - -- -.- IS TO WITNESS: That Landlord dots this di., Irast unto Tenant: Interior of the premises known as 601 Duval Street Suite #5 Front. TO HAVE AND TO HOLD said pmnisrs for dx term oLm..._one..y.ea.r... ..... .....-... btginning.._...J~~~~fIJR~LL..J~8J.___..and ending .......~.~Y-~I)1~~!':.)~L..l.~8.?.. ..... at and for the agrftd total rental oL~!'" !'".ONLAND ..N0I10.0T.H.S.::::::::.,:".- ':"':"_:'.:-::-:::::.-=.-=':.: :::::_:.:.:_:.:.~.::::::'::':':::-.~_:: - Dollars ($1 00-------- bl f II ..... .... ..... _.m). pay;) e 15 0 ows: SECURITY ASSIGNMEtH EXAMINA TION OF PREMISES DELA Y OF POSSESSION USE AL TE RA TlONS INTERIOR AND EXTERIOR IT IS FURTHER AGREED AND COVENANTED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Tenant. concurrently with the execution of this lease. has deposited with the LandlOl"d the sum of ----O------'Oollars. the receipt of ",hich is hereby acknowledged by Landlord. which sum sball be retained by Landlord as security for the payment by Tenant of tbe rents herein agreed to be pairl by Tenant and for the faithful perfonnance by Tenant of the terms and covenants of. this lease. It is agreed that Landlord, at Landlord's option, lDay at any time apply said sum or any part thereof towards the payment of the rents and all other sums payable by Tenant under this lease, and to- wards the performance of each and every of Tenant's covenants under tbis lease, but such covenants and Tenant's lia- bdity under thi.s lease shall thereby be discharged only pro tanto; that Tenant ehaJl remalD liable for any amounts that such sum shall be insufficient. to pay; .that Landlord may exhaust any or all rights an.d remedi.es against Tenant ~efore resorting to said sum, but nothIng herein contained shall require or be deemed to requite Landlord so to do; that, 10 the event this deposit shall not be utilized for any such purposes, then such deposit shall be returned by Landlord to Ten- ant wi thin ten days next aher the expiration of the term of tbis leas.e. Landlord shall not be required to pay Tenant any interest on said security deposit and may co-mingle same with "ther funds. 2. Without the written consent of Landlord first obtained in each case. Tenant shall not assign. transfer, mortgage, pledge, or otherwise encumber or dispose of this lease or the term hereof. or underlet the demised premises or any part thereof or permit the premises to be occupied by other persons. If this lea!'le be assigned; or if tbe demised premises or any part thereof be underlet or occupied by anybody other than the Tenant, tbe Landlord may, after default by the Ten- ant, collect rent from the assignee, undertenant. or occupant and apply tbe net amount collected to the rent herein re- served, but no such collection shall be deemed a waiver of this covenant, or the acceptance 01 the assignee, underten- ant, or occupant as Tenant or a release of the Tenant from the further observance and performance by the Tenant of the covenants herein contained; 3. Tenant having examined the premises is familiar with the condition thereof and relying solely on sucb examina- tion will take them in their present condition, Wlless otherwise exrressly agreed upon in. writing. In the event the TenWlt discovers any city building code violations such violations sha I be removed by Landlord at Landlord's expense. 4. If the Landlord is unable to gi ve possession of the demised premises on the date of the commencement of the aforesaid term by reason of the holding over of any prior tenant or tenants or for any other reason; an abatement or dIminution of the rent to be paid hereunder shall be allowed tenant under such circumstances. but nothing herein shall operate to extend the term of the lease beyond the aqeed expiration date; and said abatement in ~ent shal.1 be tbe full extent of Landlord's liability to Tenant for any loss or damage to Tenant on account 01 said delay In obtalDlDg possess- ion of premises. If Landlord is unable to give possession of the demised premises to Tenant within thi..tv days next aher the commencement of the term of this lease, then Tenant upon gi ving Landlord ten days prior wrilten notice shall have the right to cancel this lease; and, upon such a cancellation. Landlord and Tenant shall each be released and discharged from all liability on this lease. 5, The premises will be used by Tenant for nff i rp and for no other purposes. 6. Tenant shall not make any changes 0" alter.tion. in and upon the demised pre~ises of any n.ture wh.tsoever includ- ing specifically but not limited to installation of .ddition.l locks or bolts upon any doo.. unless given written conaent from Landlord. If such consent is given Tenant sh.ll supply Landlord with. key to any lock th.t Tenant installs, Any improvement sh.ll not be removed upon t.nant vacating demised premises, unless it is agreed between the Landlord and Tenant thst the Tenant must remove the inst.ll.tion upon expir.tion of this lease. 7. If .ny part of the exterior or interior of the premises is injured or damaged by any breaking and/or entering said premises, or by any .ttempt to bre.k and/or enter s.id premises, by .ny third person or person., Tenant agrees to promptly cause all necessary repairs to be made at Tenant'. expense 80 &8 to promptly L~Btore .aid premises to it. condition immedi.tely prior to .aid bre.king and/or entering or ssid .ttempt to break and/o.. ente... 8. Throughout said term, the Ten.nt agrees, .t his own cost .nd expense, to keep the demi.ed premise., fixture. and .ppurtenances, including windows, screens, .wnings, doors. walls, floors, pipes, plumbing, elect..ic wiring and fixture., and all other fixtures and appurtenances, and .11 .lter.tions. .dditions and improvements. in good repal.. and clean condition; and will, st his own cost and expense, make .11 repalrs, inside and outside, in and about the s_. necessary to preserve them in good order and condi tion. which repairs shall be of qu.li ty and cl.ss equal to the original work. Tt. Landlord may repai.., st the expense of the Tenant. .11 damage or injury to the demised premises, or to the building. of which the same form a part. or to it' s fixtures. .ppurtensnces 0" equipment done by the Tenant or his .e..vants, employees, agents. Visitors, or licensees. or c.used by moving property of the Tenant in and/or out of the building 0" by the install- .tion or removal of furniture or other property. or resulting from fire, short circuits, the overflow or leakage of w.t.... steam. illuminating gas. .ewer gas, sewerage or odor.. or by frost or by the bursting or leaking of pipes or plumbing worka or gn t or frem any o'ther cal.L8e t due to 'the ~arele88ne.. negligence or improper conduct of 'the Tenant or hi. servants, employees. agents. visitors,or licensees. There shall be no allowance to the Tenant and no liability on the part of the Landlord by reason of inconvenience. annoyance or injury to busine88. removal or loss of property, arising f..om the making of KDY repairs, .lter.tions. additions or improvements in. or to. any portion of the building or the demised premise., or in. or to, the fixtures, .ppurtenance. or equipment. RE"GULATIONS ANP INSURANCE ABANDONMENT ATTORNEY'S FEES ASSIGNMENT OF CHATTELS FIRE PERSONAL PROPERTY CHARGES FOR SERVICE SIGNS, AWNINGS RIGHT OF ENTRY TIME NOTICES NON. PAYMENT WRITTEN AGREEMENT INDEMNIFY LANDLORD BANKRUPTCY WAIVER PEACEFUL POSSESSION RIGHT TO MORTGAGE OR LEASE HEIRS AND ASSIGNS 9, T..n___ ._._.. promplly ~lecUt~ llDd coonply wi Lb ..II .....IUI~... ordinanc..s, rules, orelers. r~Il"I.lions and "'quire>- .1\..nI9 of lb.. f..d~ral, Sial.. and City Government. and of any IIIld all tbeir Deparun..nta and Rur..aua. .pplicable IQ said pr~ml6es for th~ corr"CI,on. pr..v~ntion. and ab..tenenl of nuisances or olber grievlUlc..a. in. upon. or conn..cted with said pr~mls"s, dunn/'1 said ,..,.m. and shall al80 promplly comrly wnh and e:...cute all rul..a, ord..ra and r"ll"l.tiona 0' Ih. South"ast..rn Underw"t..rs !\ssorlalion for Ih~ pr~v..ntion 0 fires, at T....ant.a own coal and exp..nse. Tenant ..gr..es te' pa~ anv Incr..os.. in th.. amount of Insuranc.. premiums ov..r and abov.. th.. rale now In fore.. Ihal may b.. c.UlJ..d by T..nanl's use or occupancy of the premis..s. Tenant shall provid.. within the leased premises prop..r fire ..xtingubher. aft pN<<cribed by regulating fire department and/or Insurance Underwriters. Tenant agrees to provide and keep in force at his own cost and expense, throughout the term of this lease or any renewal o~ extension thereof, Owner's, Landlord's, Tenant's Public Liability Insurance, and Property Damage Insurance for~ and ~n the name of t~ ~dlord. or jointly with the Tenant's. which insurance shall provide coVO'rage against acc~dents occurr~ng at, w.lthin, or upon the demised premises, in limits as to amount of not less than Three Hundred Thousand Doll~s ($300,000.00) in respect to anyone accident or disaster. and not less than One Hundred Thousand Dollar. ($100.000.00) ~n respect to loss or injury to anyone person. and shall cover property damages up to Twen~-fiv.. Thousand Dollars ($25.000.00).. Should the Tenant fail to obtain and carry throughout the term hereof, such a policy of insurance, the Landlord may obtiUn and carry same and the Tenant agrees to pay the premiums thO'refor. thO' amount of which shall c"neti tute. and be considered as additional rent payable on demand. Said insurance policy shsll at all times be in the posses.ic of the Landlord. A copy of said policy to be furnished to Landlord within 15 days after commencement of Leasehold Period. 10. If Tenant shall abandon or vacat.. said premis..s b..for.. th.. end 0' the lenn 0' this le.se, or shall suffer the rent 10 be in arr"81s. Landlord may, at his option. canc..1 this lease. in the manner stat..d in Paragraph 23 h..reof, or Land. lord may enter said premises as th.. agent of Tenant. by force or otherwise, without being liabl.. in any way th..refor, and relel the premis..s with or without any f~nitur.. .or ..quipm..nt tbat may b.. t~erein, as tbt: Agenl of Tenant, .t such pric.. and upon such tenns and for such duration of tlm.. as Landlord ~ay delernun.., and r..celve ~he r..nl ther..fOl'.apply. ing the same to the paymenl of th.. r..nt du.. by Ihes.. pr..s.ents. and If the full rental her",n provtded, shall not be real. i zed by Landlord over and above th.. exp..nses to Landlord In such r..l..tllng. Tenant shall p.y any d..r,c,ency. II. Tenant agrees to pay all cosl and expenses of coll..ction and r..asonable Attorney's fees on any part of said r..ntal that may be collecl..d by an Attorney. suit. distr..ss. or for..c1osur... 12, Tenant her..by pl..dges and assigns to Landlord all th.. furniture. fixtur..s. !loods and chattels of Tenant whi~h shall or may be broughl or put on said premises as security for the paym,ent of saId rent. and T..nanl .grees that s81d lien may b.. enforced by distress. foreclosur.. or oth..rwise. al th.. ..Iectlon of Landlord. h IS understood and agre..d that any merchandis.., fixtures. furniture or ..quipnent I..ft in the premises when Tenanl ~acates sh.!1 b.. de~ed to bave b....n abandon..d l>y Tenanl and by such abandonment T..nant aUlomatically relinqUIshes any nght or ,nter..st therein. Landlord is authori zed to sell, dispose of or destroy same. 13 In the ..vent th.. premises shall be destroyed or so damag..d or injured by fire or otber casuahy, during th.. life 0' this ~gre..ment. whereby th.. same shall b.. rend..red untenantabl..! then ~andlord shall .have the rigbt to t~d~r ~d premises lenanlable by repairs wilhin ninety days th..re&om. If. saId premises. ar.. not rend..red tenantable ~thln said tim... it shall b.. optional with eiLb..r party her"lo to cancel thIS leas.., and In the. event of such ca~cellatl~n the. ~ent shall be paid only to the dale of such fir.. or casualty. The cancellation herein. mentaoned shall b.. evtdenc..d 10. wrltang. During any time that th.. pr..mises ar.. untenantabl.. due to causes ael 'orth an this paragraph, the renl or a just and fair proportion thereof shall b.. omitted. 14. All p..rsonal prop..rly placed or moved in the premises above described shall be at the risk of Tenant or the owner Iher..of. and Landlord shall not be liable to Tenant for any damages to said personal property unless caused by or du.. 10 gross neglig..nce of Landlord, Landlord's agents or employe..s. 15. It is understood and agreed betw..en th.. parties herelo that any c~rges ag~nst T..nant .by Landlord for servic~s, utiliti..s or for work done on th.. premises by order of Tenanl or otherWIse accruing under this lease, sh.1I be consld- ..red as r..nl due and sha II- be included in any lien for rent. 16. No awnings, sign or signs shall be attacbed to or erected on tb.. ..xt..rior of Ihepremises witboutlhe writ~en consent of Landlord having first be..n obtained. 17. Landlord. or any of his agenls. shall have the rigbt to enler said premis..s during all reasonable bours to ..xam- in.. the same or to make sucb repair~. ~dditions. or alterations as. may be d..emed nec..ssary for the saf..ty. comfort, or 'preservalion Ihereof. or of said buddIng. or to exh,bit said premises. and to pUI or kee~ upon the doors or Windows thereof a notice "fOR RENT" at any time within lhirty days before the exptraUon of this I.ease. Sal.d ngbt of entry shall likewis.. exisl for the purpose of r..moving placards, signs. fixtures. alt..ratlOns. or additIons whicb do not con- form 10 Ihis agre..m..nt. 18. It is understood and agre..d b..twe..n the parti..s hereto that time is th.. essence of all of tbe tenDS and provis- ions of lhis lease. 19. It is understood and agreed b..tween the parties hereto Ihat written notice addressed to Tenant and ma,iled or delivered to tbe premises leased hereunder shall constitut.. suHicient notice ~o the Ten~t, an~ written nollce ad- dressed to Landlord and mailed or deliv..red to tb.. oUic.. of Landlord shall conslltute suHlclent nollc.. to Lbe Landlord, to comply wilh Ihe tenns of lhis leas... 20. Tenanl agrees: Tbat Tenant will promptly pay said rent at the times above stat..d: that T..nant will pay all charges for gas, electricity. other illwninant, and water. used on the premises during the term of this lease; that. if any part of Ihe rent shall r..main due and unpaid for "even <lays nexl after the same shall become due ,.nd payable, Landlord shall have Ihe oF.tion of declaring the balance of Ibe ..ntire rent for the enlire rental t..rm of this lease to b.. imn\'ediately due and payab e. and Landlord may then proce..d immediat..ly to collect all of the unpaid rent call..d for by this lease by distress or oLberwise. 21. Tbis l..ase contains tbe ..ntir.. agreem..nt belween Ib.. parties hereto and all pr..vious negotiations I..ading tber..to, and it may be modified only by an agr..emenl in writing signed and sealed by Landlord and T..nant. No surrender 0' the demised prenus..s. or of the remainder of tbe term of tbiE iease. sbp'l be valid UIlI..ss accept..d by Landlord in writing. 22. [n consideralion of said premis..s beinll I..ased to Tenant for the above rental, T..nant agr....>>: That T..nant, at all limes. will indemnify and keep harml..as Landlord from all losses, damag.., liabilities and ..xpeoses. wbich I118Y arise or be claim..d agaInst Landlord and. be in favor of any person. firm or corporation. for any injuries or damages to the person or property of any person, firm or corporation, consequent upon or arising from the use or orcupancy of said pre- mlS..s by T..nanl. or consequent upon or arising from any acts, omissions. negl..ct or fault of Tenant (bis agents, sere v~ts. employ..es. Iicens..es, customera or invit....,,). o~ consequent upon or arising from Tenant's failur.. to comp'ly Wllh tbe aforesaId laws. statutes. ordlnanc..s or r..gulatlons; that l.andlord shall not be liable to Tenanl for any dam- ages, losses or injuries to th.. p..rson or property of Tenant which may be caused by the acts. n..glect, omissions or faults of any person. firm or corporal ion. and that Tenant will indemnify and keep harml..ss Landlord from all damages, liabilities. loss..s. injuries. or expenses, which may arise or be claim..d against Landlord and be in favor of any person, linn or corporuiOA. for any injuries or dalllages to the person or property 0' any person. firm or corporation, wbere s.id injuri..s or damages arose about or upon said pr..mises. 23. It is agre..d betwe"n th.. parti..s her..to that: If Tenant sball be adjudicated a bankrupt or an insolvent or tak... the ~nefit of any feder.al reorga~ization or c~mposition proce.;ding or make a, general assignment or take Ihe ben..fit of any Insolvency law. or If T..nant " leasebold Interesl under this lease shall he sold upder any execution or proc..ss 0' law, or if a trustee in bankruptcy or a receiver be appointed 01' elected or had for Tenant (wheLber und..r federal or stale laws), or if aaid premises shall be abandon..d 01' d..serted. or if Timant shall fail to perform any of the cov..nants or conditions of Lbis I..as.. on Tenant's part to b"performed, or if tbis lease or th.. term thereof be transf..rred or pass to or devol"" upon any person, firm. officer or corporation other than Tenant, then and in any of such events this le..s.. and the lerm of Lbis leas... al Landlord's option, shall ..xpir.. ..nd end, seven days a'ter Landlord sb..1l giv.. Tenant writt..n notice (in th.. maMer h..r..in..bov.. provid..d) of such act. condition or default and Tenant h..reby agrees inunediately, 10 then quit snd surrender a..id premisea to Landlord; buL-this shall not impair or aff..cl Landlord's right to maintain aum- mary proceedings for Ib.. r..covery of tb.. po8Session of the demised premises in all caBeS provided for by law. If the term of Ihis leas.. shall he so terminated, Land[ord may immediately or .t ..ny time th..reafter re....nl..r or r"-poS8eaa thf. premis..s and r..move all persoRS and property ther..from without being liabl.. lor tresp.... or damagea. 24, No waiver of any condition or covenant of this lease by Landlord sh.ll he d....med to imply or constitute a furLb..r waiv..r by Landlord of any other condition or cov..nant of this lease. The rights and remedi..s created by this [ease are cumulalive .nd Lbe use of on.. rem..dy shall not he t..ken to exclude or waive tbe right to the us.. of 8IIother. 25. Subject to the lerms, conditions and cov..nants of this lease, Landlord agrees th.t Tenant sball and may peac... .bly b..ve, hold and enjoy th.. premises above described, withou~ hindranc.. or molestalion by Landlord. At the expir.- tiOG of this leaBe T"Dant sh..ll, without demand, quietly and p..aceably d...liver up possession of the demis..d premiaes in .s good condilion 88 th..y now are. normal wear and d..cay and dam.ge by the elements only excepted. 26. Tenant's rights shall be subj"cI '0 lUIy bona 'ide mortgag.. which now covers said pr..mise. and whicb m.y here. .ft..r he placed on said premises by Landlord, or underlying leaae now or I.ter covering the entire property. 27. This I..as.. and ..ll provisions. cov..nants and conditiOGs ther..~' sh.ll he binding upon and inure to the ben..fit 0' the h..ira. leg.1 r"present.tives, successors and assill"a 0' th.. parties hereto, exc..pt Lb.t no p..rson, finn, corporaliOll, or court oUicer holding under or Lbrough Tenant in violation of any 0' the tenDS, provisions or conditions 0' th,. le.se. sh.1l h.v.. ..ny rigbl, interest or equity in or to this leas.., th.. t..rms of this le...e or the premises cov..r..d by tbis Ie.... BEl'ONO LANDL~RD'S CONTROL EMINENT DOMAIN SURRENDER PREMISES LIENS PARKING BUILDING CON DITION EXECUTION OF LEASE TAX STOP INSURANCE STOP BUSINESS HOURS APPEARANCE OF PREMISES DEPOSIT INCREASE COST OF LIVING INDEX HURRICANE PROTECTION CLAUSE OPTIONS 28. Nonf' 01 Ih~ acls, promises, covenants, alUeemenls or obliglllions 011 Ibe pari of thf' Tenanl 10 be kepi, perlentacl or nol fl<'rf"'m~d as Ih~ <:ase may be, nor Ihe obligation of the Tenant to pay renl and/or addilional renlor olber ch"'lt or paymenl shall b~ on itnYW05e waived, Imoalred, excu..ed or affecled by reason of the Landlord being unable al any~_ Of' l.mf'S duran!! Ihe lerm of this lease 10 supply, or beang prevenled from, or delayed in supplying beat, Lighl, elevator..,.. v.<:e, or any olh,,, s~rv"e expressly or implied on Ihe P"" of the Landlord 10 be supplied, or by r~asen of t.b~ Landlonl beanlll unabi,. 10 "",k~ ..ny aherali01s, repairs or decoralions or 10 dupply any ~quipmenl or lixlures, or any other promIse, covenanl, a~~em~nlor obhgalloo on the parl of the Landlord 10 be performed, if the Landlord'a inability or delay lIball afl"~ by r~a"on or lUIy la... rule or re8lllalion of any Federal, State, Municipal or otber governmental department, agency or subdiVISIon thereol. or by reason of conditions of supply and demand due to NstiOllal Emergency or otber cOllditioas or cau",... b"yond Ih~ Landlord'" conllol. 29. Ia the evetlt aDY poniOl1 of Aid leaeed premi..a la lakep by aD1 coademnatioa or emiDeat domaiD proceedinp, the hniaimWJI) monthly reatal hereiD lIpecifled to. be ,-id shsll be rst~bly ~duc:ed sc:c:ordiDS to the ~ea of the leased premiees which is laken, and TeIlaDt shall be entitled to no other cOll.dersuon by reaaOD of such t"ang, _d uy d.- aps suffered by Teaut 011 8CcOUllt 0' the twns 0' aDY porlion of Mid leased premises aDd 8IIY dlUDases to uy struc- tures erected 011 lIIlid leased premiees, respectively, that shall be awarded to TenaDt in said proceedinss shall be pud to and received by LaDdlOld, ud Teaut ahall have no riSht therein or thereto or to 8IIY part thereof, ud Tenut doea hereby relinquish ud ..siga to Landlord all of Tenant's rights ud equities in 8IId to any such damases. Any rental based upon the percelltajte of 8"OIIS sales specified in this lease to be paid shall in no way be reduced or affected by the laking of any portion of the premisea by condemnation or eminent domain proceedings. Should all of the leseed premises be taken b)' eminent domain, then 8Dd in that event Ten8llt shall be entitled to no damages or _y consider.. tion by rea80n of such taking, ellcept the cancellation 8IId termination of this leaM as of the date of sud takiDS. 30. Tenant asrees to lIUlTeader to Landlord, at the end of the term or this lease ud/or upon 8IIY cucellation of this lealie, sud leased premisea in .. good condition 1UI Aid premises were at the beginning of the term of this lesse, or- dinary wear ud tear, and damage by 6re and windstorm or other acts of God, ellcepted. Tenut agrees that, if Tenant does not surrender to Landlord, at the end of the term of this lease. or UpOD 8IIY cancellation of the term of this Ie_eo said leased premises, then Ten8llt will psy to Landlord all dam8fles that Landlord may suffer on account of Tenant's failure to 80 surrender to Landlord possession of Mid leased premises. and wiU indemnify and save Ludlord harmless from 8IId against all claims made by any succeeding tenant .01 lI8id premilles 8flainst Landlord on accoWlt of delay of Landlord in delivering posseasion of said premises to said succeeding ten8Dt so far as such delay is occasioned by failure of Tenant to 110 suneader ssid premiees. 31. Tenant further agrees that tebilllt will pay all liens of contractors, subcontractors, mech8llics, laborers, mater- ialmea, and other items of like characterl and will indemnify L8IIdlord agunst all legal costs and charges, bood prem- iums for release of liens, including counsel fees reasonably incurred in 8IId shout the defense of 80y suit in discharg- ing the said premises or any part thereof from any liens. judgJDents, or encwnbr8llces csused or suffered by t~nant. h is understood ud asreed between the parties hereto that the costs 8IId charges above referred to shall be coasldered . ss reot due 8IId shall be included in any lieu for reot. The Tenant herein shall nol have any authority to create 8IIY liens for labor or material 011 the Ludlord's interest in the above described property, and all persons contracting with the Ten8llt for the destruction or relllOval of any build- ing or fot the erection, installalion, alteration, or repur of any building or other improvements on the above described premises, and sll materialmen, contractors. mech8ll.ics, ud lahorers, ~e hereby charged with notice thai they mus! look to the Teaut 8IId to the Tenant's interests only In the above descnbed property to secure the payment of 8IIY bill for work doae 01' malerial furnished during the rental period created.by this lease. 32. The Tenant hereby agrees to use the parking area for "in and out" parking and not :or pennanent or a..,i-permanent parking or storage or work area of any kind. The Tenant hereby understands that the park>ng L-ea >s not assigned to any particular tenant but is for the common use by all Tenants and Patrons thereof, and the rights of same shall be resiject.d. The ~nant hereby agrees to use no more than a number of parking spaces in proportion to his leased premises. 33. The Landlord or its agents have made no representations or promises with respect to the said building or the de- mised premises except as herein expressly set forth. The Taking of possession of the demised premises by the Tenant ahall be conclusive evidence, as against him, that said premises and the building of which the same form a part were in good and satisfactory condition at the time such possession was taken. The Landlord shall in no event be liable for any defects in the construction of the building. 34. This lease shall not be binding upon the Landlord nor be deemed in force and effect until and unless two (2) copiea thereof are signed by both Landlord and Tenant and one of such signed copies be delivered to the Landlord and the other copy to the Tenant. If unsigned copies of lease are delivered to a Tenant, or his agent, the Landlord ahall be free of any obligations with respect thereto, unless ~ithin five (S) days thereafter said copies of lease are signed by Tenant and delivered to the Landlord, together with the security depOSit and rent payment provided for therein. 35. Tenant shall be responsible for trash and waste removal. Furthermore, tenant shall not allow trash, waste, equipment or any objects whatsoever to remain near, on, or around the premises. 36. Tenant agrees to pay--O % of the Ad Val9rem (real property) taxes above and beyond those Ad Valorem taxes paid for the demised premises by the Landlord for the year nl a. A. This amount shall be paid by Tenant as follows: Either In one payment upon Tenants receipt of the tax bill from Landlord, or over the immediate next twelve months in equal payments together with interest at 10 % per annum. 37. Tenant agrees to pav- - 0 So of the I nsurance premium above and beyond those insurance premiums paid for the demised area by the Landlord for the year nl a. A. This amount shall be paid by Tenant as follows: Either in one payment upon Tenants receipt of the Insuarance premium notice from Landlord, or over the immediate next twelve months In equal payments together with interest at 10 % per annum. 38. Tenant agrees to remain open for business a minimum of: 11 months of each year, 6 days of each week, at least 8 hours per day of this lease. Tenant agrees to remain open in the evenings until at least 9:00 P.M. when at least 50% of the Old Town Key West Developement Merchants agree to do so. Tenant shall be counted as part of the said 50 %. 39. Tenant agrees to keep the interior and exterior of his leased premises neat and clean at all times. This shall include but not be limited to: sidwalks, windows, stock, aisles, dressing rooms, bathrooms (;f any), and offices. 40. Amount of deposit to increase according to rental increases. 41. In addition to the base rent herein provided for. the Lessee shall pay to the Lessor at the beginning of each leasehold year commencing with the year beginning ----n/a-_.5uch sums as shall be sufficient to give Lessor the total net rent for the preceed- ing year (lease year) equal to the purchasing power of the dollar at the commencement of the primary lease hold term. In order to determine the purchasing power of the dollar, the parties agree that the consumer price index U.S. City Average for all items of the Bureau of Labor Statistics of the United States Department of Labor for the month beginnig the first month of the primary term hereunder (hereinafter called the Base Month) shall be used. Said Base Month shall be compared with the corre. sponding month in each lease year thereafter. If the index for each corresponding month in each lease year shows a decrease in the purchasing power of the dollar, as compared in each such case, to the index for the Base month, the Lessor, as soon as possible after this determination, shall furnish the Tenant with a computation of the additional amount to be paid by the Tenant for the lease year in question. Pending the determination of the additional amount to be paid by the Tenant, the Tenant shall continue to pay the net rent at the rate stated herein, and when the additional amount has been determined, the Tenant, on the first day of the month following the computation thereof, shall pay to the lessor the increased rental for the proceeding year of the Lease. In any event, the amount of rent paid by the Lessee shall not be less than the amount set forth as the total agreed rent for the primary term or for either of the option terms, as hereinafter provided. 42. In the event of a NOAA's official Hurricane Warning tenant may attach wind protection covering. Within 48 ho.urs of the official all clear tenant must remove same. Furthermore, tenant shall be responsible for remedying any damage to the premises due to the use of said wind protection coverings. 43. Tenant in order to exercise any option herein granted, shall give landlord written notice by registered mail at least 120 days prior to lease expiration. IN WITNESS WHEREOF. Landlord. Truant. have ....rd. sulrd and .drlivrml this IUK K...u_____mu_u._ _...~~Y.:__~~~.~:t__._. ...___.._. Florida. on thr day and yur first abovr wriurn. Witnc... a. to Landlord; ~~..~........... C-~.~~ .....,..,.........,.."...,."..... ........,......,..,..,...,.,. (SEAL) B LANDLORD Witnc_. II t Tenant. ~ "" ~ 0 MONROE COUNTY BOARD OF ~~~~?~:. ~~~..:. .......' .( ..~O~:7;f?~.I.S.S.~O:[~.. ';", (;c%LI,,~ e e r k ~ ( j' ;b(".urI $6r ~.t.A>-""-"u........~.,,,",~," ,/" I . . 'R' ..~~ ~'ll' '~':,~ . '~;~~.;}T~' . ~i ~'nY\' . . . . , . , . . '../Y..' .~:~IiZN~' ~~~~~ . . ISEA1,.. fU..fl 'liI~. ~~ ~B' h.., ~il.......,. (/ .../ .. ...................... .................. ................. ... ...... ............. t-.