Resolution 023-1983
RESOLUTION NO. 023 -1983
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A LEASE AGREEMENT BY AND BETWEEN RAY L. BROWN
AND THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA PROVIDING FOR OFFICE SPACE IN HARATHON FOR THE
STATE ATTORNEY.
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 Commissioners
of Monroe County, Florida, is hereby authorized to execute a Lease
Agreement by and between Ray L. Brown and the Board of County Cornmis-
sioners of Monroe County, Florida, a copy of same being attached
hereto, providing for office space in Marathon for the State Attorney.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the 21st day of January, A.D. 1983.
(Seal)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
(/J ~ rA /,/ /.
By /~-;l;lA,'1Aj n ~~~.......,(1~:$;I ;>0,
~ Ma~r/Chairman
OM ~u tr 1w~~tTr n, rn"
Attest: tU1i.~1l it ~nu Lot tlU:.i\A
~rl\1. Pu\1w.O.~.
Clerk
8'1
/
. ,
" .
STATE OF FLORIDA
COu""NTY OF MONROE
LEASE AGREEMENT
This lease agreement entered into this 21st day of January
19~, between Ray L. Brown, party of the first part, hereinafter called the
Lessor, and the Board of County Commissioners of Monroe County, Florida, party
of the second part, hereinafter called the Lessee.
WITNESSETH:
That the Lessor, for and in consideration of the covenants and agreements
hereinafter mentioned to be kept and performed by the Lessee, has demised and
leased to the Lessee, for the term and under the conditions hereinafter set out,
those certain premises in Marathon, County of Monroe, Florida, described as follows:
2805 U. S. Highway #1 of the Professional Building, Marathon, Florida which
~hall constitute an aggregate area of 1435 square feet of net rentable space
at the rate of $10.25 per square foot per year.
I. TERM
To Have and To Hold the above-described premises for a term commencing on
the first (1) day of February 1983 to and including the 31st, day of
January 1985
II. RENTALS
The Lessor hereby leases to the Lessee 1435 square feet and the Lessee
hereby leases from the Lessor the above described premises 'for the term set
out in this lease and the Lessee hereby agrees to pay the Lessor the sum
of $1225.72 per month for the rental period described in article
one of this lease. Rent shall be payable on the last day of each month
beginning with the first full month of occupancy. The rental shall be pai~
to the Lessor at P. O. Box 19310, Houston, Texas 77224.
III. HEATING, AIR CONDITIONING AND JANITOR SERVICES
1. 'rhe Lessor agrees to furnish to the Lessee heating and air conditioning
equipment and maintain same in satisfactory operating condition at all
times for the leased premises during the term of the lease at the expense
of the Lessor.
2. The Lessor agrees to furnish janitorial services and all necessary
janitorial supplies for the leased premises during the ter.m of the lease at
the expense of the Lessor. This does not include hand towels, toilet paper
or handsoap.
IV. LIGHT FIXTURES
The Lessor agrees to install in the demised premises light fixtures for the
use of the Lessee. The Lessor shall be responsible for the repla~ement of
all bulbs, lamps, tubes and starters used in such fixtures for the"purpose
of furnishing light.
V. MAINTENANCE AND REPAIRS
1. The Lessor shall provide for interior maintenance and repairs in accord~
ance with generally accepted good practices, including repainting, the re-
placement of worn or damaged floor covering and repairs or replacement of
interior equipment as may be necessary due to normal usage. The Lessee shall,
during the term of this lease, keep the interior of the demised premises in
as good a state of repair as it is at the time of the commencement of this.
lease, reasonable wear and tear and unavoidable casualties excepted.
2. The Lessor shall maintain and keep in repair the exterior of the demised
premises during'the term of this lease, and shall be responsible for the
replacement of all windows broken or damaged in the demised premises, except
such breakage or damage caused to the exterior of the demised premises by
the Lessee, its officers, agents or employees.
3. The Lessor shall maintain the interior and exterior of the demised prem-
ises so as to conform to all applicable health and safety laws, ordinances
and codes which are presently in effect and which may subsequently be enacted
during the term of this lease and any renewal periods.~
VI. UTILI'l'IES
.. That the Lessor will promptly pay all water, power and electric light rates
or charges which may become payable 'during the term of this lease for the
water, electricity used by the Lessee on the premises.
. ....../'. ^I.TF.!Z:\lIUNS
/ ....lh.;}t th~ 1.("; ...11 h:lv,' Ihl~ ril',hl tll 11I"lko~ ;IIlY ;,llI'(.ll[oll::[n ,l1lU III th., "..:nL:;..:J
rJrr:=,i,-,~5 ~Ij:- irl~ tlrr: t':c;:. uf r lr I'; )";1:," 'II,IHI Ii r ';/, h,IV Ill)', IIbl:\ lll\'.( Ii" "II ,'.\lII:>.'nL
the:-t:tl.0: trl~ l.(;:.,oc. 'Lh.: l.l;:,',uc ~;II:lll /10/ c:,pr..i.l:iuu:;ly wilhlll,IJ thv l'lIll:;I~IIL lo .111:1 such
alteration~.
VIII. INJURY OR DAHAGE TO PROPERTY ml PRL'11SES
That all property of any'kind that may be on the premises during the continuancy of
this lease shall be at the sole risk of the Lessee and except for any negligence of the
Lessor J the Lessor shall not be liable to the Lessee or any other person for a:ny injury. ~ -.
10s3 or damage to property or to any person on the premises.
IX. FIRE AND OTHER HAZARDS
1. In the event that the demised premises, or the major part thereof are destroyed b)
fire, lightning, stor~ or other casualty, the Lessor at its option may forthwith repair the
damage to such demised premises at its own cost and expense. The rental thereon shall cease
until the completion of such repairs and the Lessor will immediately refund the prd rata
part of any rentals paid in advance by the Lessee prior to such destruction; should the
premises be only partly destroyed,.so that the major part thereof is usable by the Lessee
then the rental shall abate to the extent that the injured or damaged'part bears to the whol.
of such premises and such injury or damage shall be restored by the Lessor as speedily as
is practicable and upon the completion of such repairs, the. full rentall shall commence and
the,leas~ shall then. continue the balan.ce of the term.
2. The lessor shall provide for fire protection during the term of this lease in
accordance with the fire safety standards of the State Fire Marshal: The lessor shall be
Tes?onsible,for maintenance and repair of all !ire protection equipment necessary to con-
fo~ to the requirements of the State Fire ~~rshal. The Lessor agrees that the demised
precises shall be available for inspection by the State Fire Marshal, prior to occupancy
by the Lessee, and at ani reasonable time thereafter. -
X EXPIRATION OF TER}l
At the expiration of the term, the Lessee will peaceably yield up to the Lessor the
demised premises in good and tenantable repair. It is'understood and agreed between the
parti~s that the Lessee shall have the right to r~move from the premises all personal
property of the Lessee and all fixtures, machinery, equipment,appurtenances and appliances,
placed or. installed on the premises by it, provided the Lessee restores the premises to'
a,s good a s'tate of repair as they were prior to the removal..
X~ St;oLETTING AND ASSIGNHENT
The lessee upon tile obtaining of the written consent of the Lessor,which writte~
cons~nt shall not capriciously be withheld, shall have the right to sublet all or any part
of the demised premises, or to assign all or any part of the demised premises.
XII NOT CONSENT TO SUE
._ The provisions terms or conditions of this lease shall not be construed as a conseu
of the State of Florida to be sued because of said lease hold.
XIII \-lAIVER OF DEFAULTS
The waiver by the Lessor of any breach of this lease by the Lessee shall not be
construed as a waiver of any subsequent breach of any duty or covenant imposed by this leas
XIV
RIGHT OF LESSOR TO
The Lessor. at all
the purpose of viewing
required to make under
INSPECT
reasonable times. may enter into and upon the demised premises
the same and for the purpose of malr...ing any such repa.ir.,~,. ,~s.",__t.,,~,..ey
the terms of this lease. . . '
. ",' . ,," :, ". ' ' ,,:,J;<, ~i I';t;;"i'':j~::l:
; "~', ....}:~ ?(~
",;: for
''',~~ are
.....-J
BREACH OF COVENju~T
These presents are upon this condition, that, except as provided in this lease,. if
the J.E's~ee shall neglect or fail to perfpnn or observe any covenant herein contained. \.Jhicl
0:1 tilE' Lessee's p;lrt is to be performed :1nt: such default shall continue for a period of
thirty ~)O) d;lYS ,,[tcr receipt of written notice thereof from the Lessnr to the Lessee,
. the~ the Lessor lawfully may, immediately, or a.t any time thereafter. and without further
n.:>ti:(> or -elJ\and, enter into and upon the demised premises. or ;lilY part thereof, and r-epos
the'! SClIn7 as of their focmer estnte and expel the Lessee and remove its effects forcefu'lly,
if n~Lessary, withuut heing taken or decmed to be gllilty of any manner of trespass and
thereupon this demise skIll term In.1te Ollt wi thout prejudice to any remedy which might othe
vise be use'd by the Lessor for arrenrs of rent or for any breach of the Les:;ee's covenant.5
herein contained.
}.'V
4.
"\
..
'.
/.
. ,
,- ,
_.',1.
'"\'- .,:.\J .:.....' :~.~Il Or :.ss ~G:,~-ii:.~"L
I:L~l the L.cS-;f:'~ upon the request of till' Lcs';or Sll,ll L r'Xl!.:ut.: 511ci, ,lckrlU',,,LcJ;;OJent
or clc:';'nawl.:!JgG:pnts, or any assign:::ent, or ;J~,sil;rlr.1ents, of rentaLs am.! profits r.~ld" by
the L"'i3ur to ,lilY third person, firCl or corporation, provided that the Lessor will 11":
make 'such request unless required to do so by th~ l-Iortgage under a mortgage or C1ortt~a&es.
executed b~ the Lessor. _ .~
AI/II TAXES, eJSUPv\l/CE ASD CO~!::IISS 1OI-:S
1. Les~ar shall P;ij all real estate ta:<es and fire in~;llr.1r.ce premiuL:ls on tot.:
demised prer.Jises. Lessor ~h.")ll not be liable to carry fire insurance on the perSall or
~roperty of the Lessee or any other person or property which may now or hereafter be place!!
in the demised pr~~ises.
2. Lessor agrees covenants certifies and warrants to Lessee that no portion of the
rent payahle pursuant to Article II of this Lease AgreeClent includes, represents, is based,
on or is attributable to .lllY commi~sion or fee whi"ch is paid or is payable hy Lessor a:;
the result of the I.essor's having l'ltilized or contracteJ for the servic~s of <'Iny real
e:>tate broker, salesman, agent or firm in any aspect of the Lessor's dealing:i ur any
dealings involving the leasing of the demised premises to ~essee.
XVIII A\'AlLi\.BILITY, OF FUNDS
The obligations'of the Lessee under this lease agreement are subject to the avail-
ability of funds lawfully appropriated annually for its purposes by the Legislature of the
Sta.te of. Florida and/or the availability of funds through contrac t or grant progracs .,: '," ',:' .
XIX USE Of PRE:HSr::S
The 'Lesse2 will not make or suffer any unlawful, improper or offensive. use of the
pre:nises or any use of occupancy thereof contrary to the La\.Js of the State of Floriea or
to SL:c!l Ordin(!nC"(~s of the City and/or County in which the demised premises are located,
no~ or hereinafter made. as may be applicable to the Lesse2.
xx REN[1..J,l.L
lhe L~s$ee is hereby granted the option to renew this lease for an additional
~__ years Lpan the same, terms and conditions." If the Lessee desires to renew this leaSt:
under the provisions of thi5Article, it shall give the Lessor written n~ti~~ thereof not
man' t.h<ln ~ix months nor less than tllree months prior to the expiration of the term provide,-
in Arc.~cle ( tof tltis ICiJ!;e.
XX! IHG!IT TO TEHrlINATE
: The LESSeE: shall have th2 right to terminate, without penalty, this lease in the
e~~g~t~lState-0wl\d building becorne3 availahle to the Lessee for occupancy during the ten:J
of $,1 id lease for the purposes for which this space is being leased in the County of ~Ionroe
Florida upon [jiving t\"JO (2) months advance .....ritten notice to the Lessor by Certified Nail.
Return Receipt Rt!quested.
XXII r;OrrCES
All notices required to be> served UDon the Lessor shall be'served by rcgist?red
n:.ail, return receipt requested at p.,O. Box 19310 Houston, Ix. 77224 ' and- all notices
requIred' to be served upon the Le35ee shall be; ~-erved by registered or certified mail,
return receipt requested. at the address of the Lessee at ~805 U.S. 01, Marathon, Florida
,33050.
, '.~-.
. i. ,0
...XXIIl
DEFlN IT lO~l OF TERr,rS
{a) The terms "lE':tsetl "LeasE' <Igre~ment" or "agreeClent" shall be inclu!'>ivi! of e.:1ch
other and sh.111 also include ..ny rC;1f'\.J..lls, extcnsion5 or r:lOdificatif)n~; of thi~ ll';t~,e.
(b) T!:l' t t'fln~; "I.l\s...;nr" .lnJ "l.essl:'.e" [;11.111 include the Successors and <1s~ibns for'
the rartil's hlretu.
~c) The sLq;ul<tr shed I illcllld" the plural and the plur.:11 shall include the singular
...,I&ent-vcr the context so rer[ldrc~ or I'~rr.li t!>.
; <' '; ;:~~,~'~~':~'~:~:~~I ~~.~'
XXlV
AIIIl [ rI O~;\ l. T EHt-I:;
CIH'd: Olll~:
..
_ _.X __
^IlY .1nr..! ;111 ;tddit ion..1 covenants or conditions :lppear on the
" tt.lc.:ht.d. See 8e low.
~o adclitional covenants or conditions form a part of this lease.
* T his 1 e a 5 e i 5 for a t 8 r m 0 foe cup a n c y 0 ft....'') yea r 5
beginiflC] 2/1/83 and ending 1/31/85. HClwever, the amount
of monthly rant is fe-negotiable at ths ~nd of tWQ
year::; 1/31/85 ~f t:i.0 0[' jr.:! I" !,,"!',"',: 1::: r>:.:"r:.:;i~'JJ.
..
~ .
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for
the purpose herein expressed, the day and year above written.
ORIGINAL SIGNATURE REQUESTED ON ALL COPIES
If Lessor is an individual:
Signed, Sealed and Delivered
in the presence of
~I' -t ~
\{3' '0 G I
"''1.-){V,- 'tl6J... r-J L - LL( y~
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
~,_,. _ _ Ii'~., ~~
~~,p .
,;).1
APPROVED AS TO FORM AND
LEGALITY: GENERAL COUNSEL
MONROE COUNTY
By
COUNTY ATTORNEY
Attest: RAlPH W. \VHITE, CLEIt~
~ 'fw. jj,u..J M. P~o~.
CLE~
-d~~I. \~~3
APPROV DATE
(SEAL)
I .
r
.'Jt C'F j vf_
"I , RAY L . BROWN, of Sombrero Boulevard , Marathon,, >"''14��' ea3
&4 ' .+ y5
Monroe Count Florida Z 0. adz - '
y , Florida , ,'owner of the P'rofess.ional
Building located at 2800, Overseas Highway , do .her e:by ,*'„Ny ?:
appoint with full power ' n
DONALD PICARD to -: egotiate',
bargain , lease , rent , and to do all other acts necessary ' 4 .:
an.; convenient to rent the office spaces in the. Profession—' '3,�+
al building , as my agent and attorn y—in—fact . 4:
i 7--(--. e "---.! !.. --. l' '.,:',',1-2::
L-!';:;71;
41
RAY LB OWN , ;Y:
' 77/!/;, A,
D to
I
I HEREBY CERTIFY that on this day personally appeared
before me , an officer duly authorized to administer oaths
a:td take acknowledgements , RAY L . BROWN, to me well-known
to be the person - described in and who executed the foregoing
and acknowledged before me that he executed the same freely and
voluntarily and for the purpose therein expressed.
Witness my hand and official seal at Monroe County , Floridc;,
this 1Z!K----day of ,�,7 __, 1982 . ,
.�''/i C7 0
Notary Pub/
ub is i
State -of Florida 1!
1 �`) .,
I1
My commission expires : / `=
,Di/..^.Y Plr i!C SIA;E OF F•!C::,i:. .\. ... ... t -i>2,
;:'. COM:415=N EXAMS !'iY 7 :9 3 _'`_ ''''
sa;. D 711 U CINSIAL INS. uNf ;', a1111;.S