09/23/1975 Lease
(!)
~usin:ess
1fi:east
THIS AGREEMENT, entered into this
1st
,1974
day of October
between
Abacus Investments, Inc.
, hereinafter called the lessor,
party of the first part, and Monroe County Commissioners
of the County of Monroe and State of Florida
hereinafter called the lessee or tenant, party of the second part:
WITNESSETH, That the said lessor does this day lease unto
does hereby hire and take as tenants under said lessor Room
said lessee, and said lessee
or Space
No. 5111/2 Eaton Street
situate in Key West, Florida, to be used and occupied by the lessee as Office
of the Public Defender and for no other purposes or uses whatsoever, for
the term of twelve (12) months , subject and conditioned on the provisions of
clause ten of this lease beginning the 1st day of October
1974 , and ending the 30th day of September , 1975
at and for the agreed total rental of Two hundred fifty ($250.00)
Dollars, payable as follows:
In advance on the first day of each month; first payment being due
and payable October 1, 1974.
.~}..
all payments to be made to the lessor on the first day of each and every month in advance without
demand at the office of Abacus Investments, Inc., 755 N. W. 142nd St. in the City of
Miami, Florida 33168 or at such other place and to such other person, as the lessor
may from time to time designate in writing.
The following express stipulations and conditions are made a part of this lease and are here-
by assented to by the lessee:
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FIRST: The lessee shall not assign this lease, nor sub-let the premises, or any part thereof nor use the same,
or any part thereof, nor permit the same, or any part thereof, to be used for any other purpose than as above stipu-
lated, nor make any alterations therein, and all additions thereto, without the written consent of the lessor, and
all additions, fixtures or improvements which may be made by lessee, except movable office furniture, shall be-
come the property of the lessor and remain upon the premises as a part thereof. and be surrendered with the prem-
ises at the termination of this lease.
SECOND: All personal property placed or moved in. the premises above described shall be at the risk of
the lessee or owner thereof, and lessor shall not be liable for any damage to said personal property, or to the
lessee arising 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 person whomsoever.
THIRD: That the tenant shall promptly execute and comply with all statutes, ordinances. rules,
orders, regulations and requirements of the Federal, State and City Government and of any and all their Depart-
ments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or
other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply
with and execute all rules, orders and regulations of the Southeastern Underwriters Association for the preven-
tion of fires, at own cost and expense.
FOURTH: In the event the premises shall be destroyed or so damaged or injured by fire or other casualty
during the life of this agreement, whereby the same shall be rendered untenantable, then the lessor shall 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 writing.
FIFTH: The prompt payment of the rent for said premises upon the dates named, and the faithful observ-
ance 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 may be hereafter prescribed by the lessor
shall at the option of the lessor, work a forfeiture of this contract, and all of the rights of the lessee hereunder'
and thereupon the lessor, his agents or attorneys, shall have the right to enter said premises, and remove all per~
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'C'
sons therefrom forcibly or otherwise, and the lessee thereby expressly waives any and all notice required by law
to terminate tenancy, and also waives any and all legal proceedings to recover possession of said premises, and ex-
pressly 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 attorneys, may immediately re-enter
said premises and dispossess lessee without legal notice or the institution of any legal proceedings 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 lessee, by force or otherwise, without being liable in any way therefor, and relet
the premises with or without any 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 of demand.
SEV . .~ -" .L! .~rl t f d
, .I!O.NTli. Lessee .::;6t~~~ w r _~ S Iee on any par 0 sai
rental that may be .n .~"' a.WLney, after the same IS pasl; uuc.
EIGHTH: The lessee agrees that he will pay all charges for rent, gas, electricity or other illumination,
and for all water used on said premises, and should said charges for rent, light or water herein provided for at
any time remain due and unpaid for the space of five days after the same shall have become due, the lessor may
at its option consider the said lessee tenant at sufferance and immediately re-enter upon said premises and the
entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collect-
ed by distress or otherwise.
..o;.:! lessee hereby pledges and assigns to the lessor all the furniture f" ~ au,",
chattels of said lessee, wm~n ,,-uau - \, ~ -J.;..;';uooht or put on said' IOr the payment of the
rent herein reserved, and the lessee agrees that . . f>nforced by distress foreclosure or otherwise
at the election of the s<l;.:! 1. ~~~~_ nereby agree to pay attorney s ~"""" of. the amount so
COllM"~-~ w De due, together with all costs and charges therefore incurred or paid by LIlt:
TENTH: It is hereby agreed and understood between lessor and lessee that in the event the lessor decides
to remodel, alter or demolish all or any part of the premises leased hereunder, or in the event of the sale or long
term lease of all or any part of the ; requiring this space, the lessee hereby agrees to vacate
same upon receipt of sixty (60) days' written notice and the return of any advance rental paid on account of this
lease.
It being further understod 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.
ELEVENTH: The lessor, or any of his agents, shall have the right to enter said premises during all reason-
able hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the
safety, comfort, or preservation thereof, or of said building, or to exhibit said premises, and to put or keel? upon
the doors or windows thereof a notice "FOR RENT" at any time within thirty (30) days before the expIration
of this lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, altera-
tions, or additions, which do not conform to this agreement, or to the rules and regulations of the building.
TWELFTH: Lessee hereb~ 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 commencement of
said term, excepting only reasonable wear and tear arising from the use thereof under this agreement, and to
make good to said lessor immediately upon demand, any damage to water apparatus, or electric lights or any fix-
ture, appliances or appurtenances of said premises, or of the building, caused by any act or neglect of lessee, or of
any person or persons in the employ or under the control of the lessee.
THIRTEENTH: 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 may be sustained by the said tenant or
other person or for any other damage or injury resulting from th,. carelessness, negligence, or improper conduct
on the part of any other tenant or agents, or employees, or by reason of the breakage, leakage, or obstruction of
the water, sewer or soil pipes, or other leakage in or about the said building.
FOURTEENTH: 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-
,,:ith cancel this lease, as for a default. Lessor may elect to accept rent from such receiver, trustee, or other judi-
CIal officer during the term of their occupancy in their fiduciary capacity without effecting lessor's rights as con-
tained in this contract, but no receiver, trustee or other judicial officer shall ever have any right, title or interest .in
or to the above described property by virtue of this contract.
FIFTEENTH: Lessee hereby waives and renounces for himself and family any and all homestead and ex-
emption rights he may have now, 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.
SIXTEENTH: This contract shall bind the lessor and its assigns or successors, and the heirs, assigns, ad-
ministrators, legal representatives, executors or successors as the case may be, of the lessee.
SEVENTEENTH: 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.
EIGHTEENTH: It is understood and agreed between the parties hereto that written notice mailed or deliv-
ered 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 with the terms of
this contract.
NINETEENTH: The rights of the lessor under the foregoing shall be cumulative, and failure on the part of
the lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights.
TWENTIETH: 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 premises 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.
TWENTY-FIRST: It is hereby understood and agreed that any signs or advertising to be used, including
awnings, in connection with the premises leased hereunder shall be first submitted to the lessor for approval be-
fore installation of same.
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 delivered in the presence of:
.' . . crus INVESTMENTS, INC
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7 As to ~ssor T rco~$i~~
......-r " yor C/ nd Ch,;;i..~n , . (Seal
i\r~/7C;ii.(f{>~ (;(S~al
As to Lessee ( ~. . Clc::k
/
&tntt dr lJfldrilln
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CllDunty Dr MONROE
l.llrrrbg mrdifg That on this 28th day of April
before me personally appeared PENNY MOAD, President
, President and
respectively of ABACUS INVESTMENTS, INC. , a corporation
under the laws 01 the State of FLORIDA, to me known to be the
persons described in and who executed the loretoint conveyance to
MONROE COUNTY COMMISSIONERS
.4.. D.1975 ,
and
.
and. severally acknowledled the execution thereof to be their free act an,d deed as
such officers, lor the uses and purposes therein mentioned; and that they atfl.zed
thereto the official seal of said corporation, and the said instrumentiB the act and
deed 01 said corporation.
BUntB. my silnature and ofli,ciaZ seal at Key Vv est
in the County of Monroe and State of Florida, the day and
year loBt aforesaid.
My Com-miBswn E~pi,ru
9/16/78
;?~~...~~
Notarv Public
Edith Ilene Anderson