Resolution 012-1983
Building, Planning & Zoning
Department
RESOLUTION NO. 012 -1983
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF
A LEASE BETWEEN THE COUNTY AND THE SCHOOL DISTRICT OF
MONROE COUNTY, FLORIDA, FOR ROOM 224 OF THE TRUMAN
ELEMENTARY SCHOOL, TO BE UTILIZED BY THE DEPARTI1ENT
OF BUILDING, PLANNING AND ZONING AS A STORAGE FACILITY.
HHEREAS, the Department of Building, Planning and Zoning has
immediate need for substantial additional storage space for the
purpose of storing various documents, files, reports and similar
materials, and
WHEREAS, the Truman Elementary School, a facility of the
School District of Monroe County, Florida, has been removed from
active use as a school and is not currently included as a school
in the current educational plan for the District, and
WHEREAS, the School Board has determined that it shall retain
ownership of the said facility for a period of at least three (3)
years, and will provide maintenance and security for the building
during that time, and
WHEREAS, the School Board has offered to lease to Monroe County,
room 224 of the Truman Elementary School to be used as a secure
facility for the storage of files, documents, reports and similar
materials accummulated by the Department of Building, Planning and
Zoning, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that the County is hereby authorized to enter into
a lease agreement with the School District of Monroe County, Florida,
whereby the said School District shall lease to the County room
number 224 of the Truman Elementary School, located in the City of
Key Hest, Monroe County, Florida, to be used by the County as a
storage facility for documents, files, reports and similar materials
accummulated by the Department of Building, Planning and Zoning,
and the Mayor and Chairman of the Board of County Commissioners of
Monroe County, Florida, is hereby authorized to execute a lease
for the said facilities for the term of one (1) year, to be extended
automatically for a period of two (2) additional years, unless
terminated prior thereto by either party.
-2-
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 7th day of January, A.D. 1983.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
W~~~}
/ Chairman I.
By
(Seal)
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AND At SIJFf'lCIENCY.
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FORM
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TUTBLANX "(GlST.'tEa u . ~AT O"".CE
Tutf -'-,nrPubllsners,Rutland, V1'
1121 FLORIDA !...", """S LEASE.
..Made this
10~or~y~~ ~!lE~!mtnt
.
19 83
,
iBrtwrrn THE SCHOOL BOARD 'OF M:lffiOE COUNI'Y, FIDRIDA, a corpocation rmder
Florida law, , hereinafter c]alled the lessor, party
olthe first part, and M:NROE caJNTY, a political subdivision of the State of Florida
oj'lhe COUll ty of M::mroe and State of Florida,
hereiuaj'ler called the lessee or tenant, party of the second part:
11"/','rl'l"l'r IIS/'" I,,'rl'in., 11/1' It'rlll "/illrly" slwlt /lIdud/' 0", II/'ir.'I, prr:wlllll r/'llrl'b'I'III"tif'I"~.
;.,(,',', .'SIlI-" 1/11'/ flJ'- ""'SiC"I,~' /J/ lilt' 1'1'S/WI'IiI'I' /11'''(/1',,11'-1'/'10, tlu' 11M' oj" 0/1' ",ul~IiI",. IIUII/flr"
,Ii'lll /l1../ud/" tll/' pillf'"I, 1111" Ih," J,lunlllhl' .,-il/eli/lIl', tI,," //lIt" 11/ Inl!! gOIf/n" sl/llll ull'flld,
II/I 4.~"'/lI,.,'s. II"d, Illl.'Wrl, tll4' 1""'11 "'iO/t'" ,~'lIflll u4d'Uh ,lIlOw "U't'.~ 1II'''l'i" d".~'f.nbl'l' I{ m,or,.
tll~lIl Ollt'
lIittlr.unrt~. That the said lessor does this day lease unto said lessee, and said
lesse(~ doc::; hereby hire and take a::; tenant under said lessor Roorn 224 of the
~ premises knGm. as TRUMAN ELEMENTARY SOiOOL,
~
situate in Key West, Florida, to be used and occupied by the lessee
as a storage facility for lessee ,---------------------____________and for
no other purposes or uses whatsoever,. (or the term of one (1) year, ------_ ,
beginning the
December , 1982, and ending the 12th
, 1983 , at and for the agreed total rental of
---------------------- ~
13th day of
day of December
mE DOLIAR ($1.00) annually,
payable in advance.
The parties hereto agree that this lease shall be extended autanatically without
further action of the parties for two (2) addi tional successive one year tenns
i.rnrediately follo.\1ing expiration of the te:rm herein provided, upon the conditions
and stipulations contained herein, and at the stipulated rental, unless lessor
notlties lessee of lessor's intention not to renew this lease within the period
of thirty (30) days imrecliately preceding the expiration of .:my annual rental
tenn hereof.
all payments to be made to the lessor on the first day of each and cuery month in
advance without demand at the o/Jice oj' THE M:NROE COUNl'Y SOiOOL BOARD in the
City oj' Key West, Florida or at such other place and to such other pc/';.;on,
as the les:wr fnay j'rom tinw to time designate in writing.
The followillff express stipulations and conditions are nwde a part oj' this 1C<lse
and are hereby assented to by the lessee:
1. The lessee shall not assign this lease, nor sub-let the prelnises, or allY part
thereof /tor u;.;c the sante, or any part thereoj', nor pennit the saIne, or any part there-
of, to he u;.;ed fur allY other purpose than as above stipulated, nor rnake allY altera-
tions therein, and all additions thereto, without the written consent oj' the le;.;sor,
alld all addition;.;, fi!tures, or irnprovements which may be made by lessee, e.rcept
mOl'ahle .office fUr/uture, shall become the property of the lessor and remain upon
the prcnu;.;es as a part thereof, and be su rrendered with the premises at the tennina-
tiun of this lease.
2. .111 per;.;onal property placed or lnoved in the prernises above described shall
be at the ri;.;/..; oj' the lessee or owner thereol, and lessor shall not be liable lor any
dama~/' to ....aid per....onal property, or to the lessee arising from the bursti//g or leak-
ing oj' water pipes, ur j'rofi~ any act uf nc~li~ence of any co-tenant or occupants of the
buildin g or of any other person IDhornsoever.
8. That the tenant shall promptly execute and comply with all statutes,
ordinances, rules, orders, re~ulations and requirements of the Federal, State and
(,ity Governmenl and of any awl all their Departrnents and Bureaus applic('ble 'to
said prentises, j'or the correction, prevention, and abaternent of nuisances or other
griel'w/ces, in, upo//, or connected with said pronises during said terrn; and :shall also
prumptly comply loith and execute all rules, orders and regulations of the South-
('([SiNn Und(~l'/.vrikrs Association lor the !JI'cvention of fires, at his fUvn cost and
expellse.
4. In the event the premises shall be destroyed or so damaged or.injured by fire
or other casualty durin~ the lij'e oj' thj,s agreement, whereby the .'{(lIne sh(tll be rend-
c ,. t' d /III I (' I /( III ( a Ii I ,', I h e // I h /' / /'.... .... or s h a II h a I 'e I her i fi h l lor e II d e r s (f i d IN e /II i.... ('.'\ I (' II a II t-
a))/ I' fJ!I repairs /l'i / hin n in el!J day:s t herej'rom. lj'said premises are n utrend ered le/lant-
able within said time, it shall be optiona/lDith either party hereto to cancel this lea;.;e,
awL in Ihe Ci'ellt oJ'such cancellatio/l the reht shall be paid only to the date of such
tire or ('as/((III11. The ('(I//('('I/alion hereill /lul//liolled shall he er'idellced ill u'rilinQ.
. I/;. Lt< 'It:J:'t:J&tj M'tliUtlll t:t;uJ, ,"'();WMUdlJti /'fj, hin,"<,(jtj' a " 1nil!y any (utll ~U
humestead --.." v '(ihts he nwy JWl'e now, or hereajll;/, u-nder ur by uirtue
uf the cUllslilutiun and laws of t le u' ..' a or oj' any other StaLe, or ol th"e
['lilted S~(:t(..:, as afJa!nst,/1/e paymellt 0/ said rentaor ' 7"";:"u.. ~1t'f'I'()f,- ur allY
(lINlll' l)&it 'IJ,'&U.', Nil' (~~/n~;:"ll Ut~t 11.1:i!j t:ttl~rNo./.. /Jt;uit:J.- th8 t8F;JbH f:Jj MtJ", t1l'JN;t:UMJlpt-;-.
11. Rf.. ihis GUhtract shall bind the lessor and its assigns or succe-:sor$, and the
heirs, assigns, adlll,inistrators, legal representatives, e:cecutors or successors 1.18 the
"((.'Ie It/ay 111'. uf the If~ssee. . . .
12, tt. It is u Ilderstoud alld at!reed bl'! ween tlte parties hereto t hat tune [,s of th e
essellce of this ('olltract and tlds applie.~ to all terms and conditiolls contained
herein.
13. J{'K It i.'! understuod and agreed between the parties hereto that written no/h'e
nllliled ur dt'lil'cred lu Ihe prellli.,,'f~s Lea:>ed h,(~reunder shaLL cO/lslitute suf}icienl
lIutice fo I he Lesst~e and written ,wtice mailed or ddiuerp.d to the office of the lessur
shall ('(Jllslitut(~ SUfficient Notice to Ihe Lessor, to comply with the (er"ls uf this
COlli racl.
14. MK The ri$lhts of I he lessor under the foregoing shall be cunwla!il'e, and failure
Oil I he part of {he lps;wr to exercise promptly any rlfillts $liven hereunder shall not
operal e to forfeit any o/' the said ri!ihts.
15.;Xl{ It is further understuud Ilnd a$lreed between the parties herelo Ihat any
chartles a$lltillsl the lessee by the lessor lor services or lor u'ork done on the pren&ises
by urder of I he lessee or otherwise uccrning under this contract shall be cOllsidered as
relll due and shall he induded ill (lilY lien fur rent due and ullpaid.
16,tJt. II is herehy understood alld a!freed that f.lny signs or adl'ertising to be used,
illl'/{(dill!i aUIllill$lS, in ('u/u/.ec!iull with Ihe prernises leased hereunder shall be first
slIlJ/l/it/ed to the lessur lur approval before installation of smne,
17, IEssee, far itself and its successars, agrees that it will hald IEsf3.or harm-
less af and fran any and all liability and actians and Causes of actians" and
casts, attorney's fees, and darrages arising aut af Lessee's use and occupancy af
the premises leased herein and shall, during the tenn af this IEase, and any ex-
tensian hereaf, furnish to. IEssar a certificate af insurance fran a responsible
casualty insurance corrpany to. corrply with Lessee's obligatian herein, and further,
shall cause Lessor herein to. be narred in Lessee's policy as an additianal naned
insured.
18. This agreerrent may be tenninated by either party at the sale discretian af
such party, withaut cause, upon natificatian in writing by such party to. the
ather six (6) IIDnths in advance af such terminatian. Whereupon, after the ex-
piratian af the said six (6) months' natificatian, all right and obligatians af
the parties herein under this Lease shall expire.
1Jn lUUUrllU lUl1rrrof. the parties hereto have hereunto e.recuted this
instrulnent for the purpose herein expressed, the day and year above written.
J;igntb. J;'D.'b. Dub .~~ltUtrtb ~nY9'.'uct of: lliE ~ ~,~ ~ CXlUNTY, FID DA
,-_'f!;~ :'2\ ~~ y~ By: )':1"; .,:l~'t1t--diiliiran.
(- ~L.J .1, _ /, _ -,.., .W1<J~________,_____~_
:' - /' /' ,,' ":s t;:~ r--- - IE COUNTY, a political sul:xlivisian
y~''::: ~ ~ ::: I State Of.tC:~~!~
- ~ .. - .1slo Lessee U - u. ( , Lessee )'
&tatr of JJrlori~a, } 55. .l
WOUl1ty of M:::NROE ,
1J lfrrrby Wtrttfy. That on this day personally appeared before rne, an officer
duly a.uthorized to a(bnini:>ter oaths and take acknowled$lrnents, '
RCGER L. SWIFT, Chairman af THE SCHOOL B<:lAro) OF MJNROE COUNI'Y, FlDRIDA,
to "&C weLL kllown 10 be the person described in and who executed the foregoing
Lease, and he a.cknowled$led before lne that he executed the same
for the purposes there ill e.l'pressed.
I have
scat at,
d,-,y oj'
Key West,
January
hereunto set my hand and a/fixed my Official
said CountY and State, (hit." ~Oth'
, ,1. D. 19 83.( ',"" '-<>7
~. . -. (d //1,- (:.f... '- ~"t.. __ '-r~ i~ ;_~? I-
.Votary Public , State af F1~da
.My Commission ExpirJlt-'!IY _ lie. Stile 01 Florid.
-l6Y--r.mml~'.Ien txjlUts to. 'd
to,.... " AfJl.,.,.. fl'. .. C6h".IJ'
I L..iol
. l~tij
(SEAL)
V"Io'll""
1
I.
(j. TIi,' /JroNlpl paY"If~1I i oj" the N~" t lor said pren~ises .,. ,",.. IIw dates 1I(l/ned,
alld / lie j'w ohserl'au('e uj' the rules and regulations prill. ",/Jon this lease, and
!L'hich are herelJY nwde a pari of this eOl'enant, and of such other and j'u rt her rules or
regulatiolls as nUl!! he Jwreafter nwde hy the lessor, are the c:ohditiol/s upon whieh
Uw lease is JJwde and a('ecpled and anyfai/ure Oil the part oj'the lessee 10 com.ply
u'ith the terms o/said lease. or aI/II 0/ said rules and regulatiolls IIOU' il/ e.rislPllcP', or
whidi may IJe herea/ler pre8('rihed hy Ihe lessor, shall at the optiol/ oj'lIte 1('..11.':01',
{{'ork (f j'orj'('itllrt~ of this ('ol//ral'!, llnd all of the ri!jhts 0/ the lessee hereunder, alld
t hereupon the lessor, his agents or attorneys, shall have the'riglit to enter said prem-
ises, and remO(le all persons there/rUfn forcibly or otherwi'se, and Ihe lessee thereby,
expres~;[y waives any and all notice required by law to tenninate tel/al/ey, and also
u'ai ('es allY and all legal proceedings to recover possession 0/ said premises, and ex-
presslll agrees that ill the euent 0/ a dolation of (lilY of t It(, ferms of / his lease, or of
said rules and regulations, now i/l. existence, or which nUL!! herea/tpr be made, said
lessor, his agent or attorneys, nwy imm.ediately re-enter said premises al/d dispossess
lessee wilhuut legal nutice or the institution of any legal proceedings whatsoever.
. . r
of/his lea" shall sun'(~1' tlw rl'.nt to l)(~ in arrears, th~ lessor lliay, (lt ton,'
furt hwit It cancel '.'Ie or he may enter said premi:te.<i as th>, .,:':. of the lessee,
hy /orce or othenl'hw, witho "Il(~ liable in any way th > . , al/(l N>.ll,-t t/he prelnises
(l'lt h or (l'itllOflt allllfurniture Uwf n ~ Iher ' , stILe agent 0/ the lesse(,-, (lt such
prit'(' (/lId lIpOIl s((ch t('I'IIIS alld for .'1(((' 'till/(> as tlte l(~ssor IlIay <fele,.,l/il/e,
and receil'V I he rent tltere/(J.~fiing the san~e to Inent of the rent due by
these presents, (1I1iJl-Hre1ttll rental herein prol'ided shaUll ('((Ii:::"d 1).'1 lessor
o/'er and (ljJ.t.J.f/f';-tll-i' (',"penses 10 lessor ill SU(.1t re-letting, the said It'ss('e, 1(/.'1 allY
d~cy, alld i/ more Ilwn the full rental is realized lessor will pay 0(',,1' to saie
In.,., ,,.l,,,,,' .}/cidn.t1Ix.{,. a reasonable
6. ~ Lessee agrees to pay tlte cost of collection a1U!:/~, attorney'" fee on
any part of said rental that may be collected by suit or by attorney, after the SIlUW is
past due.
7. ~ Th e I esseI' a !frees thaI he tl'ill pay all char!jes for rcn t, !jas, eI ('('I,.i <'i t II or olh er
ill(i/ltina/ioll, and /01' all wafer used on said prelnises, and should said charges lor
rent, lighl or water herein provided for at any time remain due a.nd unpaid for the
space of jive days a/tel' the same shall have becorne due, the lessor may at its option
consider the said lessee tenant at sufferance and i,nrnediate.ly re-enter upon said
premises alld the entire rent for the rental period then ne;ct ensuing shall at onc,e
be due and payable and may forthwith be collected by distress or utheru!ise.
. .,' It-&-fr~~,
jix! ures, ." chattels of said lessee, which shall or /nay be brought or put on
said prelnises as secunl a( n~ent oj' the rent herein reserved, and the lessee
agrees that the said lien ,nay be en or 'stress foreclosure or otherwise at the
election of the said lessor, and does hereby agree to el '.'I fees of ten per cent
of the amount so collected or found to be due, together with a charges
e
I' decides to renwdel, alter or dernolish all or any part 0/ the prernises
hereunder, 'he elJent of the sale or long tern~ lease of all or any part of
the : reqlfirin", '.. ace, the lessee hereby agrees to vaeate saIne upon
I't'('('.ipl 0/ si.t't Y (tj()) days' written IlOtlC ie return of any advance rental paid un
a('count 0/ this lease. I
It being further ullderstood and agreed Ihat the lesse/ ot be required to'
/'acate said premises duril/!} thl' u'inter seaSOIl, namely, }(o()en~ber al lirst,
b!i JltWfJ";fl, &f' th~ 6l1:J&l1tJ fJtJ,'''tJ,gi'tlfJh. '-.
8. ~ The lessor, or any of his agents, shall have the right to enter said premises
auring a.ll reasonable hours, to exandne the same to ,nake such repairs, additions or
alterations as ,nay be dee.1ned necessary for the safety, cOlnfort, or preservation
thereof, or of said building, ur to exhibit said premises, and to put or keep upon the
dours or windows thereof (J, nulil;e, "FOR RE:N'T" at any tin~e within thirly (30) days
IJe/ore the expiration oj' this lease. The right of entry shall likewise e.l'ist for the pur-
pose of relnoving placards, signs, /i.rlu res, alterations, or additions, ll'hich do not con-
form 10 this agreement, or to the rules and regulations of the building.
9, xM:k Lessee hereby accepts lhe premises in the condition they are in at the be-
ginning uj' this lease and agrees to ,naintain said prernises in the same condition,
order and repair as they are at the C01nnLencelnent of said term, excepting only rea-
sonable wear and teal' arising from the use thereof under this agreem ent, and to make
!food to said lessor fffunediately upon denwnd any da.Jnage to lua/er apparatus, or
electric lights or any fixture, appliances or appurtenances oj'said premises, or of the
building, caused by any act or n€glect oj'lessee, or 0/ any person 01' persons in the
en~pluy or under the control uf the lessee.
10. ./;d;{ It is expressly agreed and understood by and between the parties to this
agreeniCll t, that the landlord shall nut he liable for any darrulge or injury by water,
which nwy be sUiStained by the said tenant or other pe'rson or for any at her danwfffe
or injury resulting //'(Jln the carelessness, negligence, or ilnproper conduct on the
part of any other tenant ur agents, or employees, or by reason of the breakage, leak-
age, or obstruction oj' the water, sewer ur soil pipes, or other leaka&e in ur about the
said buildintj. ."
begun by .'. st the Ie' :', before .{\~nd of8aid feNn the lessor is h.er""eby irrevo-,
cably flutho/'tzed al l . " tu jortliwith cancel tJus lease, as for a dejault. Lessor
may elect to accept rent /ron~ S ' iuer, trustee, or other judicial officer during
/ he / erNi of their occupancytf'n their fiu acUy without eO'cering lessor's
right8 as contained in this contract, hut nu receiver, I' other Judicial of Ii-eel'
shall ever have any right, title or interest in ur to the above des' -J2.!.operty by
..,;...I-",~ n rlf' + Z,1-'.\", ,~,_.'."1:> I-_.~.,,~cl
I
r
STATE OF f'IDHIDl\,
CaJNTY OF MCNROE,
I HEREBY CERrIFY, that on,this day personally appeared before me, an officer duly
authorized to administer Oaths and take ackna.vledgrrents, Jerrv Hernande7. ,Ir
M 0 n roe Co un t y May 0 r , of M:NROE CXXJNTY, a poli tical subdivision of the state of
Florida, to me well kno.vn to be the person described in and who executed the fore-'
going lJ2ase, and he acknavledged before me that he executed the sane for the pur-
poses therein expressed, duly authorized and acting as such officer.
IN WI'INESS WHEREOF, I have hereunto set fClY hand and affixed my official seal at
Key West, said County and State, this 26fh day of January , 1983.
---~
(SEAL)
~)
,.' ./ / /~
I ~~//~// . t -/2 /-
\... "'-NO'r. , LI , State 0 Florlaa
My Camnissit>n'~1.res:
/v'\ '( /..._1 ';,' I . (
~(,', ..', i) I.,'