Resolution 078A-1977
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RESOLUTION NO.78A -1977
RESOLUTION AUTHORIZING THE MAYOR AND CHAIRMAN OF
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, TO EXECUTE LEASE BY AND BETWEEN LLOYD
DAMSEY AND JOAN DAMSEY AND THE STATE OF FLORIDA
ATTORNEY'S OFFICE FOR OFFICE SPACE AT MARATHON,
MONROE COUNTY, FLORIDA.
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 Com-
missioners of Monroe County, Florida, be authorized to execute a
Lease by and between LLOYD DAMSEY and JOAN DAMSEY and THE STATE
OF FLORIDA ATTORNEY'S OFFICE for office space at Marathon, Monroe
County, Florida.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the 17th
day of May, 1977.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
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Mayor and Chairman
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(Seal)
I H!ftEBV' C~lIFY that this document
has been reviewed for legal suffi.
ciency and that the same meets with
my approval. ,
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By~//~/> '0/"r~ ~'
County Attorney's Office
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STATE OF FLORIDA
COUNTY OF MONROE
LEASE AGREEMENT
This Lease Agreement entered into this 17tRlay of
May 1977, A. D. between
Lloyd Damsey and Joan Damsey party of the first part hereinafter called the Lessor, and
the State of Florida Attorney's Office, 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 HOne, Known as Unit Hl of the Damsey Professional Building, Marathon,
Florida which shall constitute an aggregate area of 1144 square feet of net rentable space
at the rate of $6.30 per square foot per year. (If space provided is not sufficient,
attach separate sheet containing legal description of premises.)
1.
TERM
TO HAVE AND TO HOLD the above described
July 1977 to and including the 31st
premises for a term commensing on the 1st
day of January 1981.
day of
II RENTALS
The lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor
the above described premises for the term set out in this lease and the Lessee agrees to
pay the Lessor the sum of six hundred and 60/100 dollars ($600.60) per monthfor the rental
period described in Article I of this lease. The rent shall be payable on the last day
of each month beginning with the first full month of occupancy. The rentals shall be paid
to the Lessor at: The Medical Clinic, 2855 U. S. #1, Marathon, Florida 33050.
III. HEATING, AIR CONDITIONING AND JANITOR SERVICES
1. The 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 term 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 replacement of all bulbs, lamps, tubes
and starters used in such fixtures for the purpose of furnishing light.
V.
MAINTENTANCE AND REPAIRS
1. The Lessor shall provide for interior maintenance and repairs in accordance with
generally accepted good practices, including repainting, the replacement 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 commence-
ment 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 t~e
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 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.
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VI. UTILITIES
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.
.
.....
VII. ALTERATIONS
That the Lessee shall have the right to make any alterationsin and to the demised
premises during the term of this lease upon first having obtained the written consent
thereto ~f the Lessor. The Lessor shall not capriciously withhold the consent to any such
alterations.
VIII. INJURY OR DAMAGE TO PROPERTY ON PREMISES
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, the Lessor shall not be liable to the Lessee or any other person for any injury,
loss 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 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 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 whole
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 lease shall then continue the balance 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
responsible for maintenance and repair of all fire protection equipment necessary to con-
form to 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
demised 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 the premises by it, provided the Lessee restores the premises to
as good a state of repair as they were prior to the removal.
XI SUBLETTING AND ASSIGNMENT
The lessee upon the obtaining of the written consent of the Lessor, which written
consent 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
.. . _ ~he provisions terms or conditions of this lease shall not be construed as a consent
of the State of Florida to be sued because of said lease hold.
XIII WAIVER 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 lease.
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 making any such repairs as they
the terms of this lease.
for
are
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
thirty (30) days after receipt of written notice thereof from the Lessor to the Lessee,
then the Lessor lawfully may, immediately, or at anytime thereafter, and without further
notice or -emand, enter into and upon the demised premises, or any part thereof, and repossess
the same as of their former 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 for arrears of rent or for any breach of the Lessee's covenants
herein contained.
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XVI ACKNOWLEDGMENT OF ASSIGNMENT
That the Lessee upon the request of the Lessor shall execute such acknowledgment
or acknowledgments, or any assignment, or assignments, of rentals and profits made by
the Lessor to any third person, firm or corporation, provided that the Lessor will not
make such request unless required to do so by the Mortgage under a mortgage or mortgages,
executed by the Lessor.
XVII TAXES, INSURANCE AND COMMISSIONS
1. Lessor shall pay 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
property of the Lessee or any other person or property which may now or hereafter be placed
in the demised premises.
2. Lessor agrees 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 Lessor'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 AVAILABILITY 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
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 of occupancy thereof contrary to the Laws of the State of Florida or
to such Ordinances of the City and/or County in which the demised premises are located,
now or hereinafter made, as may be applicable to the Lessee.
xx RENEWAL
The Lessee is hereby granted the option to renew this lease for an additional
-0- years upon the 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 nor less than three months prior to the expiration of the term provided
in Article I of this lease.
XXI RIGHT TO TERMINATE
rhe Lessee shall have the right to terminate, without penalty, this lease in the
event a ~sat~}owned 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 Monroe
FlQri9~~pon giving two (2) months advance written notice to the Lessor by Certified Mail,
Return Receipt Requested.
XXII NOTICES
All notices required to be served upon the Lessor shall be served by registered
mail, return receipt requested at 2855 U.S. #1, Marathon, Florida 33050, and all notices
required to be served upon the Lessee shall be served by registered or certified mail,
return receipt requested, at the address of the Lessee at 2805 U.S. #l, Marathon, Florida
33050.
....
XXIII DEFINITION 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 "Lessor" and "Lessee" shall include the s.uccessors and assigns for '"
the parties hereto.
(c) The singular shall include the plural and the plural shall include the singular
whenever the context so requires or permits.
XXIV
ADDITIONAL TERMS
Check One:
Any and all additional covenants or conditions appear on the
attached.
X No additional covenants or conditions form a part of this lease.
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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
in
LESSOR:
(SEAL)
-,.
(SEAL)
As to essor
If Lessor is a Corporation:
Signed, Sealed and Delivered in
the presence of:
Name of Corporation
By:
(CORPORATE SEAL)
ATTEST
Its Secretary
AS TO
PRESIDENT
Signed, Sealed and Delivered in the
presence of:
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As'to Lessee
LESSEE:
STATE OF FLORIDA
B
APPROVAL AS TO CONDITIONS AND NEED THEREFOR
MONROE COUNTY COMMISSION
APPROVED AS TO FORM AND LEGALITY
GENERAL COUNSEL MONROE COUNTY
BY: i~~(/~
APPROVAL \
CLE~ OF IRE
BY:
COUNTY ATTORNEY
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APPROVAL DATE
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