Resolution 126-1981RESOLUTION NO. 126 - 1981
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AND ERIC W. AND SUSAN A. BALL, FOR OFFICE SPACE
FOR THE STATE ATTORNEY'S OFFICE IN MARATHON, FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Chairman of the Board of
County Commissioners is hereby authorized to execute a Lease
Agreement by and between the Board of County Commissioners of
Monroe County, Florida, and Eric W. and Susan A. Ball, for
office space for the State Attorney's Office in Marathon, Florida,
copy of same attached hereto.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida at a regular meeting held on the 21st day
of April, 1981.
(SEAL)
Attest: RALPH W '"�Mv CLLRK
ler
BOARD OF COUNTY COMMISSIONERS
OF M COUNTY, FLORIDA
By �R
airman
A*VIAW
8Y
�tu4�t�lyic�
$ - STATE OF FLORIDA '
LOU:JT� 0c :'Ni� �iZUE
I.EASE AG:',:%'L IENT
This ?*vase, Agrtement entered into this• 21st day of April 1981A. D. between
Eric W. & Susan A.; Ball party of the first part hereinafter called the Lessor, and
,he '.and of Coun ti Co�}�iissioners of Monroe County, Florida, party of the second Hart,
r«�. oi.iafter called the qLessee,
WITNESSETH:
That the I,essor''for'and in consideration of the covenants and agreements Here.inaftet
mentioned to be.kept and performed by the Lessee, has demised and leased to the Lessee, for
the t....:m and under the conditions hereinafter set out, those certain premises in MARATHON
County of MONROE; FLORIDA, described as follows: ,
2805 S. Highway #One, Known as Unit #1 of the Damsey Professional Building, Marathon,
Florida which shall constitute. an aggregate area of 1150square feet of net rentable space
at tf.: rate of. 9.35 per square foot per year. (If space provided is not sufficient,
attach separate sh&e.z containing legal description of premises.).
E
I IRM . 14 '
TO HAVE AND Td'HOLD the.above'described premises for a term commensing on the 'St
of Feb„ 1981 to and including the 31 st day of January 1983.
II RENTALS
The lessor hereby leases to.the Lessee and the Lessee hereby leases from the Le-trsor
the aoove described premises for the term set out i. this lease and the Lessee agrees to
pay t')e Lessor the sum of ;��} {hundred q%ne -siz Qnd 45— ('896. 04 ) per monthfor the rental
perio�.. described in Article 6T tliis le se. The rent shaall be payable on the last da.
of each month beginning with the first full month of occupancy. The rentals shall be paid
to thy. Lessor at: F.O.Box 456.. Marathon, Florida 33050
III. HEATING, AIR CONPITIoNING AND JANITOR SERVICES
1. The Lessor agrees to furnish to the Lessee heating and air conditioning equipment
and ntain 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. Tire Lessor agrees to furnish janitorial services and all necessary janitorial
supplies for the leased premises during the term' of the lease at the expense of the Le_,--.)r.
This does not include hand towels, toilet paper or handsoap.
1V. LIGHT FIXTURES
The Lessor agrees to install'in the demised -premises light fixtures for the ust of
the Lessee. The Lessor shall be responsible for replacement of all bulbs, lamps, tubes
and starters used in sdch fixtures for the purpose of furnishing light.
V. MAINTENTANCE AND REPkIRS
1. The Lessor skell provide -for interior_ maintenance and repairs in accordance with
generally accepted good -practices, including repainting, the replacement of worn or
damages floor covering and repairs.or replacement of i-nterior equipment as may be nece.:.sary
due to normal usage. The Lessee shall, during the term of this lease,keep the interior
of th(= demised premises -,in as good a state of repair as it is at the time of the commence—
ment of this lease, reasonable wear a'nd tear and unavoidable casualties excepted.
2. Thy Lessor shall maintain and keep in repair the exterior of the demised premises
:;urin.g 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 thy.
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 premises so
as to conform to all applicable xiealth and safety laws', ordinances and codes which arE:
presently in effect and-which,may subsequently be enacted during the term of this lease
and a..y renewal periods:.
VI. UTILITIES
That the Lessor will promptly pay all water, power and electric light rates or
charge -which may become.paynble during the term of this lease for the water, electricity
used by the Lessee on the premises.
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VIi : AL•TER:,`,T t0N." ®
That tine i.c ,: ee vh(', r i;;hL t{) wak6 *Tiny- alter,ltions in :� the &�rilist d
premises auf Ing thC. ; rrr%-i of Ch l ea:,e :11poll f it L Navin;; obtained tile. wr i r.t ou cons enL
che' eto o_`. ti Les'•or. i�i�s Lessor sli:rll noC crrpr.iciuiisly withhold the consent to any such
altertions.
VIII. INJURY OR. DAMAGE. TO' PROPERTY 0}1 PREHISES
That ail•property
. of any -kind that may be on the premises during the continuancy of
this :ase shall•:be- ae k_-Ite sole risk of the Lessee and except for any negligence of the
Lessor, the Lessor shall not be liable to the Lessee or any other person for any injury,
loss or damage io 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 by
fire, lightning, storm 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 pro ra;..3
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 whole
of such premises and such injury or damage shall be restored by the Lessor as speedily as
_s practicable and upon „the.completion of such repairs, the,full rentall shall commence and
the lease shall then goriiinue the balance of the term.
2. The lessor shall provide for fire protection during the term of this lease in
accor&-.nce with the fire safety standards of the State Fire Marshal. The lessor shall be
responsible for maintenance and repair of all fire protection equipment necessary to coa-
fo— the requirements of the State Fire Marshal. The Lessor agrees that the demised
premises shall be available for inspection by the State Fire Marshal,.prior to occupancy
by the Lessee, and at any reasonable time thereafter.
X EXPIRATION OF TERM
At the expiration. -of the term, the Lessee will peaceably yield up to the Lessor the
remised premises in good.and. tenantable repair. It is 'understood and agreed between the,
parties that the Lessee shall have the right to remove from the premises all personal
property of the Lessee and all fixtures, machinery, equipment,appurtenances and appliances
placed or installed on_.Ghe premises by it, provided the Lessee restores the premises to-
ps good a state of repair as they were prior to the removal.
X: SUBLETTING AND A_SSIGNIKENT
The -Lessee upon,t;he obtaining of the written consent of the Lessor; which written
consu_:.L shall not capriciously be -withheld, shall have the right to sublet all or any par-
Jf the demised premises, or to assign all or any part of .the demised premises.
XII NOT CONSENT TO,SUE
The provisiorts'terms.or conditions of this lease shall not be construed as a consent
of the State of Florida to Ue sued because of said lease hold.
XIII WAIVER OF DEFAULTS
The waiver by the Lessor of any breach of th rg.lease by the Lessee shall not be
construed as a waiver o-'any -subsequent breach of any dgty or covenant imposed by this lease.
XIV RIGHT OF LESSOR'TO INSPECT
The Lessor, at all reasonable times, may enter into and upon the demised premises
for the purpose of viewing the same and for the purpose of making any such repairs as they
are required 76 make under the terms of this lease.
1'
XV BREACH OF COVENANT
These presents are upon this condition, that,.except as provided in this lease, if----
the Lessee shall neglect•.*or-fail to perform or observe any covenant herein contained, which
on the Lessee's part is to be performed and such default shall continue for a period of
their- (30) drays .after receipt+ o.f written notice thereof from the,Lessor to the Lessee,
then the Lessor lawfully may,.immediately, or at any time thereafter, and without further
notice or -emand, errter into and upon the demised premises, or any part thereof, and reposses-,
the'same as of their foiher estate and expel the Lessee and remove its effects forcefully,
if necessary, without being taken or deemed to be guilty of.any manner of trespass and
thereupon this demise shall terminate but without prejudice to. any remedy which might other-
wise be used -by the Lessor fbr arrears of rent or for any breach'of the Lessee's covenants
herein contained.
A
..,i,•L.Or f.SSIG:1':-!i::;T •r
.That the L•esc<ee upgn the request of the Lessor shall execute such acknowledgment
or acknowledgments, ar any -assignor enti or assignments-, of rentals and profits made by
the Lessor to any t_hird'person, firm or corporation, provided that the Lessor will not
make such request';u-li:eg,* required to do so. by 'the Mortgage under a mortgage or mortgages,
executed_by tMe Lessor
XVII TAXES, INSURANCE AND COMMISSIONS
1. Lessor.shall.,Vay all real estate taxes and -fire insurance premiums on the
demised premises,•Lessor shall not be liable to carry fire insurance on the person or
prope::;:y of th`e Lessee or any other person or property,which may now or hereafter be ;;laced
in the demised premises.
2. Les-sor agtees covenants certifies and warrants to Lessee that no portion of the
rent payable pursuant to'Article II of this Lease Agreement includes, represents, is based
on or is attributable to any commission or fee which is paid or is payable by Lessor as
the result of the I.essor's having utilized or contracted for the services of any real
estate broker', salesman, agent or firm in any aspect'of the Lessor's dealings or any
dealings involving the leasing of ,the demised premises to Lessee.
XVIII AVAIL, BZLITY 0.' FUNDS
The obligations of.the Lessee under this lease agreement are subject to the avail-
abili--:: of funds'lawfuliy appropriated annually for its purposes by the Legislature.of the
State of Florida and/or the availability of funds through contract .or grant programs.
XIX USE OF PREMISES
The Lessee will not make --or suffer any unlawful,'improper or offensive use of the
premises or any use ofoccupancy thereof contrary to tbe.Laws of the State of Florida or
to such Ordinances Df the:City and/or County in which the demised premises are located,
now or hereinafter made „ as maybe applicable to the Lessee.
X), RENEW? L
The Lessee is hereby granted the -option to renew this lease for an additional
2 years upon :.,:,e same terms and conditions. If the Lessee desires to renew this lease
;under the provisions.of'this.Article, it shall give the Lessor written notice thereof not
more than six months nors'lcsthan th.r.ee months prior to the expiration of the term provided
n Arr-cie I �1f this least,.
YX7 RIGIHT TO TERIMIINATE
Count--
The LE.ssee shall have the..right to terminate, without penalty, this lease in the
event: n/State-6wiied building becomes available to the Lessee for occupancy during the term
of said lease for .the -purposes -for which this space -is being leased in the County of Mcnroe
Florida upon diving two (2) months advance written notice to the Lessor by Certified Mail,
Return Receipt Requested.
XXII NOTICES
All notices requ�-red to be served uvon the Lessor shall be served by registered
mail, return receipt requested at P.O.B.456 Marathon, Florida 33050, and all notices
required to be served upon the Lessee shall be'8�rved by registered or certified mail,
return receipt requested, at the address of the Lessee at 2805 U.S. #1, Marathon, Florida
33050.
F .
XXIII DEFINfTION OF TERMS
(a) The terms "lease" "Lease agreement" or "agreement" shall be inclusive of each .
other and shall also include any renewals, extensions or modifications of this lease.
(b) The terms "I.sIssor" and "Lessee" shall include the successors and assigns for
the Farties
(c) The singular shall, include the plural and 'the plural shall include the singular
whenever the context so-requir,es or permits.
XXIV ADDITIONAL TERMS
Check One:
X _ Arty and all additional covenants or conditions appear on the
attached. See Below.
No additional covenants or conditions form a part of this lease.
This lease is for a term of occupancy of years
begining 2/1/81 and ending 1/31/83 . However, the amount
of monthly rent is -re —negotiable at the end of two
years 1/31/83 if the option to -Een-ew is exercised.
"N W -11NE5S t,:HER the parties hereto haveshereunto ex this
iistrument c :i r' -6 1 ".� urpose herein cxp.:pe-ssed- the day anjw_r above
Oritt�ree it
,02�'JGI'NAL SIGNATURE REQUESTED ON ALL 'COPIES
If Lessor.' sn�ndividual:
Signed,,"3ealed and Deliveted
i the pr.bsence'.of
r
LESSOR: S E A L
A
CSJI. L
BOARD OF COUNTY COMMISSIONERS OF APPROVED AS TO FORT rND
MONROE FLORTt LEGALITY: GENERAL 'C'U'N3
MONROE COUNTY
C—
By: By
Chairmah
COUNTY ATTORNEY
Attest:
L yl LOU
AClerk'
APPROVAL DATC.
(SEAL)