Resolution 172-1978
RESOLUTION NO.172 -1978
A RESOLUTION AUTHORIZING THE MAYOR AND CHAIRMAN
OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO EXECUTE A NOTICE OF RENEWAL
BY AND BETWEEN THE COUNTY OF HONROE, STATE OF
FLORIDA, AND TH011AS S. FOUTS AND JACQUELYN L.
FOUTS FOR RENTAL OF OFFICE SPACE FOR THE OFFICE
OF THE PUBLIC DEFENDER IN ISLAMORADA, MONROE
COill~TY, FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the t1ayor and Chairman be authorized to execute a
Notice of Renewal by and between the County of Monroe, State of
Florida, and Thomas S. Fouts and Jacquelyn L. Fouts, copy of same
being attached hereto, for rental of office space for the Office
of the Public Defender in Islamorada, Monroe County, Florida.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the 11th
day of July, 1978.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
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(Seal)
Attest:
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I HEREBY CERTIFY that this documeRt
has been reviewed for legal suffi-
ciency and that the same meets with
my approval.
By .$Q'H~~
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Attorney's Office
APPROVED ON'
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NOTICE OF RENEWAL
COMES Not-J, the County of Honroe, State of Florida, a
political subdivision of the State of Florida, by and through
its undersigned and in accordance with the terms and conditions
of that certain lease, which is attached hereto and made a part
hereof, does hereby renew said lease for a period of twelve (12)
months beginning the 1st day of August, 1978, and ending the 31st
day of July, 1979. Said renewal period to be under the same terms
and conditions as set forth in said lease attached hereto except
that the Lessee shall have the right to terminate this lease at
any time upon the giving of thirty (30) days notice to Lessor.
IN WITNESS WHE}~OF, the parties hereto have hereunto
executed this instrument for the pur~ose herein expressed, this
11th day of July, A.D. 1978.
BOARD OF COUNTY COMHISSIONERS OF
HONROE COUNTY, FLORIDA
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/May r an C al. man
(Seal)
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ACCEPTANCE OF RENEhTAL
COl1ES NOW, THO}1AS S. FOUTS and JACqUELYN L. FOUTS, his
wife, and accept the renewal of that certain lease, which is
attached hereto and made a part hereof, under the terms and con-
ditions as afo 'd this 30tLday of July, A.D. 1978.
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THOMAS S. FOUTS
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/ACQ L 70/ FOUTS
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l HEREBY CERTIFY that this document
i~:.~'i been reviewed for legal suffi-
c,; -";", and that the same meets with
RTj ap-proval
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Attorney's Office
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BUSINESS
L E 1\ S F:
THIS AGREEMENT, entered into this
27
da y of
July
.
1976, between Thomas S. and Jacquelyn L. Fouts, hereinafter called the Lessor,
party of the first part, and County of Monroe, State of Florida, a political sllb-
division of the State of Florida, hereinafter called the Lessee or tenant, party
of the second part:
WITNESSETH, That the said Lessor does this day lease unto the said
Lessee, and said Lessee does hereby hire and take as tenant under said Lessor
Room "I" Mission Center, 82685' Truman Memorial Highway (U. S. Highway No.1)
situate in Islamorada, Florida, to be used and occupied by the Lessee as Public
Defender's Office, and for no other purposes or uses whatsoever, for the term
of twelve (12) mO.[1ths, subject and conditioned on the prQvision.s of clause seven
of this Lease beginning the first day of August, 1976 and ending the 31st day of
July, 1977, at and for the agreed total rental of Four Thousand Eight Hundred
and no/lOO Dollars ($4,800.00) payable as follows:
Four Hundred Dollars ($400.00) per month payable 111
advance each month.
all payments to be made to the Lessor on the first day of each and every month
in advance without denland at the office of Thomas S. Fouts, Post Office Box 9.
Islamorada, Florida 33036.,. or at such other place and to such other person,
as the Les sor m.ay from time to time designate in writing.
The following express stipulations and conditions are made a part of
this Lease and are hereby assented to by the Lessee:
FIRST: The Lessee shall not assign this Lease, nor sublet the premises,
or any part thereof nor use the same, or any part thereof, nor pernlit the sarne,
or any part thereof, to be used for any other purpose than as above stipulated,
nor make any alterations therein, and all additions thereto, without the \vritten
consent of the Les sor, and all aqditions, fixtures, or improvements whic h may
be made by Lessee, except movable office furniture, shall become the property
of the Lessor arid remain upon the premises as a part thereof, and be surrendered
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\,,'ith the premises ;).t the tern1ination of thi:; Lca'Sc.
SEC001D: ,\ll personal property placed or moved in the premises ;jbovc
described shalt he at the risk of the Lessee or (),,-,ncr thereof. :lnd Lessor shall
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not be liable for any damage to said personal property, or to the Lessee arisin~
from the bursting or leaking of water pipes, or from any act of negligence of
any co-tenant or occupants of the building or of any other per son whomsoever.
THIRD: That the tenant shall promptly execute and comply with all
statute s, ordinance s, rules, orders, regulations and requirements of the
Federal, State and City Government and any and all their Departments and
Bureaus applicable to said premi.'ses, for the correction, prevention, and abate-
ment of nuisances or other grievances, in, upon, or connected with said prenlises
during said term: and shall also promptly comply with and execute all rules,
orders and regulations of the Southeastern Underw:;.-iters Association for the
?revention of fires, at its own cost and expense.
FOUR TH: In the event the premises shall be destroyed or so damaged
or injured by fire or other casualty during the life of this agreement, \vhereby
the same s hall be rendered untenantable, then the Les s or s ha 11 have the right
to render said premises tenantable by repairs within ninety days therefrom. If
said premises are not rendered tenantable within 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 \~iriting.
FIFTH: The prompt payment of the rent for said premises upon the
dates named, and the faithful observance of the rules and regulations printed
upon this Lease, and which are hereby made a part of this covenant, and of such
other and further rules or regulations as may be hereafter made by the Lessor
are the conditions 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 and regulations now in existence, or which rnay be hereafter prescribed
by the Lessor, shall at the option of the Lessor,work a forfeiture of this contract,
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and all of the rights of the Lessee hereunder, and thereupon the Lessor, his
agents or attorneys, shall h~ve the right to enter said pren1ises, and remove
all persons therefrom forcibly or otherwise, and the Lessee thereby expresslv
waives any and aLl notices required bv law to terminate tenancy, and also \vaivps
any and all legal pr'oceedings to recover posseSSIon of said premises, and expressly
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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 att<;>rneys, rnay immediately re-enter said premises
and dispossess Lessee without legal notice or the institution of any legal pro-
ceedings whatsoever.
SIXTH: If the Lessee shall abandon or vacate said premises before
the end of the term of this Lease, or shall suffer the rent to be in arrears, the
Lessor may at his option, forthwith cancel this Lease or he may enter said
premises as the agent of the Le.ssee, by force or otherwise, without being liable
in any ~ay therefor, and relet the premises with or without an"y furniture that
may be therein as the agent of the Lessee, at such price and upon such terms
and for such duration of time as the Lessor may determine, and receive the rent
therefor, applying the same to the payment of the rent due by these presents,
and if the full rental herein provided shall not be realized by Lessor over and
above the expenses to Lessor in such re-letting, the said Lessee shall pay any
deficiency, and if more than the full rental is realized Lessor will pay over to said
Lessee the excess ofdemartd.
.
SEVENTH: It is hereby agreed and understood between Lessor and
Lessee that in the event the Lessor decides to ren10del, alter or demolish all
or any part of the premises leased hereunder, or 1n the event of the sale or long
term lease of all or any part of the premises; requiring this space, the Lessee
hereby agrees to vacate same upon receipt of sixty (60) days I written notice and
the return of any advance rental paid on account of this Lease.
It being further understcoJ and agreed that the Lessee will not be required
to vacate said premises during the winter season: namely, :November first to
May first, by reason of the above paragraph.
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E I GIlT H : The L e s so r. n r ~t n y () f his a.g e n t s, s h a 11 h a vet her iQ; h t t ()
enter said prernises during all reasonable hours. to exanline the Sal11e to Inake
such repairs, additions or ;:llterations as 111ay he deerned necessary for the
safety, comfo rt, 0 r pre s e rva tion the reof, or of said hui ldin ~. or to exhibit
said premises, and to put or keep upon the doors or \vindows thereof a notice
"FOR RENT" at any time wi"thin thirty (30) days before the expiration of this
Lease. The right of entry shall likewise exist for the purpose of removing
placards, signs, fixtures, alterations, or additions, whic h do nd conform
to this agreement, or to the rules and regulations of the building.
NINTli: Lessee hereby. accepts the premises in the condition they
are In at the beginning of this Lease and agrees to maintain said premises in
the same condition, order and repair as they are at the cornmencetnent of said
term, excepting only reasonable wear and tear arISIng from the use thereof
uncler 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 Les see, or of any person or rersons in the employ of under the control
of the Lessee.
TENTH: 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 nlay be sustained by the said tenant or other person or
for any other damage or injury res ulting from the care Ie s snes s. ne gligence,
or improper conduct on the part of any other tenant or agents, or enlployees,
or by reason of the breakage; leakage, or obstruction of the \vater, sewer or
soil pipes, or other leakage in or about the said building.
ELEVENTH: If the Lessee shall become insolvent or if bankruptcy
proceedings shall be begun by or against the Lessee, before the end of said term
the Lessor is hereby irrevocably authorized at its option, to forth\vith cancel
this Lease, as for a default. Lessor lnay elect to accept rent' from such receiver,
trustee, or other judicial officer during the term of their occupancy in their
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fiduciary capacity without effecting Les sorl s ri~hts as contained In l his cont ran,
but no receiver, trustee or other junicial officer shall ever have any riQht.
title or interest in or to the above described property by virtue of this contrac.t.
TWELFTH: Lesse. hereby waives and renounces for itself any and
all homestead and exenlPtion rights it tnay have no\<..., or hereafter, under or
by virtue of the constitution_and laws of the State of Florida, or of any other
State, or of the United States', as against the payment of said rental or any portion
hereof, or any other obligation or damage that may accrue under the terms of
this agreement.
THIR TEENTH: This contract shall bind the Lessor and its assigns
or successors, and the heirs, assigns, administrators, legal representatives,
executors or successors as the case nlay be, of the Lessee.
FOUR TEENTH: It is understood and agreed between the parties
hereto.that time is of the essence of this contract and this applies to all terms
and conditions contained herein.
FIFTEENTH: 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 \Nith the terms of this contract.
SIXTEENTH: The'rights of the Les sor under the foregoing shall be
cumulative, and failure on the part of the Lessor to exercise promptly any
rights glven hereunder shall not operate to forfeit any of the said rights.
SEVENTEENTH: 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 prenlises by order of the Lessee or otherwise accruing under
this contract shall be considered as rent due and shall be included in any lien
for rent due and unpaid.
EIGHTEENTH: It is here by under stood and agreed that any signs or
advertising to be used, including awnings. in connection with the prenlises leased
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hereunder shall be first subnlitted to the Lessor tor approval before i.nstall.:ltlon
() f s arn e.
NINETEENTH: The Lessee shall have the option to renew this lease
for h,.;o (2) successive periods of time as in the first t\velve (12) months' period.
TWENTIETH: Les~or agrees to furnish the utilities for this unit,
however, Lessee agrees to not burn the lights unnecessarily.
TWENTY-FIRST: 'Lessee agrees to notify the Lessor thirty (30) days
1n advance of any intention to renew this Lease as per number nineteen above.
TWENTY -SECOND: Lessor agrees to provide and pay for partitions,
paneling, carpeting, air-conditioning, doors and all other items necessary for
Lessee to occupy premises excl-\,lding furniture and equipment.
IN WITNESS WHEREOF, the parties hereto have hereunto executed
this instrument for the purpose herein expressed, the day and year above written.
Signed, Sealed and De livered
in the Presence of:
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THOMAS S. FOUTS
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As to the Lessor
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JACQUELYN L. FOUTS
As to the Lessee
COUNTY OF MONROE, ST~TE OF FLORIDA
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Mayor and Chairman of the Board
of County Conlmissioners of !v1onroe
County, Florida.
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By
(SEAL)
C erk e Circuit Court in and
for Monroe County, Florida, and ex
officio Clerk of the Board of County
Conlnlissioners of Monroe County,
Florida.
STATE OF FLORIDA
COUNTY OF MONROE
Before me, a Notary Public in and for said State and County, personally
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carne THOMAS S. FOUTS and JACQUELYN L. FOUTS, his wife, to me \vell
known and known to be the persons narned In the foregoin~ Lease, and they
;lcknowledged that they executed the same for the purpose therein expressed.
IN WITNESS WHER~OF, I have hereunto set rny hand <lnd affixed my
official seal the . .-' ;,-
day of
"_ I
1976.
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N.otary
Large
of Florida at
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H~tary Public Slate Of fla At l
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C,mcr(Jllnsur:;~cn Und 't
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