10/20/1993 Lease
.ann!' 'I.. ..lIJage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLomDA 3~50
TEL. (~5) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (~5) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 3~70
TEL. (~5) 852-7145
..
M B M 0 RAN DUM
From:
Tom Brown, County Administrator
~sabel c. DeSantis, Deputy Clerk~,C,e1.
To:
Date:
November 8, 1993
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On october 20, 1993, the Board authorized execution of a Business
Lease between Monroe county and Joan R. Lord-Papy for space for
the Aids Prevention Center.
Attached for return to Ms. Lord-Papy, is a fUlly-executed copy of
the subject Lease.
Should you have any questions concerning the above, please do not
hesitate to contact me.
cc: County Attorney
Finance
Risk Management w/o document
File
1.1
~usincss
III ,c it s t
THIS AGREEMENT, entered into this
20th
day of OCTOBER
,1993
between JOAN R. LORD- P APY
, hereinafter called the lessor,
party of the first part, and HRS/MONROE COUNTY BOARD OF 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 said lessee, and said lessee
does hereby hire and take as tenant under said lessor Room or Space (S)
rooms plus two (2) baths and foyer, including three (3) reserved parking spaces.
Area rented unfurnished.
No. 5~7 Whitehead Street,
situate in Key vIes t
State of
Florida , to be used and occupied by the lessee as
and for no other purposes or uses whatsoever, for
, subject and conditioned on the provisions of
day of November
the AIDS PREVENTION CENTER
the term of Five (5) Years
clause ten of this lease beginning the Firs t
19 93 , and ending the Thirty-first day of October
at and for the agreed total rental of EIGHTY-FOUR THOUSAND
Dollars, payable as follows:
and NO/IOO
, 1998
($84,000.00)
One Thousand Four Hundred and No/IOO ($1,400.00)
Dollars per month as stated above. The rent shall be payable on a monthly delayed
basis by the Department of HRS, State of Florida. Subject to cost of living
increase, annually. Figure not to exceed Fifty ($50.00) Dollars annually.
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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 Hugh R. Papy, 509 Whitehead Street, in the City of
Key vIes t, FL, 33040 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:
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 tenantXXXXXXXX shall promptly execute and comply with all statutes, ordinances rules,
orders, regl!lations 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 saia term; and shall also promptly comply with and
execute all rules, orders and regulations of the applicable fire prevention codes for the prevention of fires, $xxxxxx
own cost and expense.
FOURTH: In the event the premises shan 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, ][1!t~]Qt:ilxX1lelmBfB~Jrdl:1.l}[2tkK~
shall at the option of the lessor. work a forfeiture of this contract, and all of the rights of the lessee hereunder.
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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, 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 pa~ent 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 J>ay any deficiency, and if more than the full rental is realized lessor will
pay over to said lessee the excess of demand.
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/garbage, sewer
EIGHTH: The lessee agrees that he will pay all charges for rent, gas, e1ectriciiy or other illumination, and for
all water used on said premises, and should said charges for rent, liglit 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 the entire rent for the rental period then next ensuing shall at once
be due and payable and may forthwith be collected by distress or otherwise.
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ELEVENTH: The lessor, or any of his agents, shall have the rigbt io 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 kee~ 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 rule~ and regulations of the building.
TWELFTH: 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 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 daIlUlge 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 IlUly be sustained by the said tenant or
other person or for any other damage or injury resulting from the 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.
SIXTEENTH: This contract shall bind the lessor and its assigns or successors, and the heirs, assigns, personal
representatives, 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 IlUliled 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.
TWENTY-SECOND: This Lease is contingent upon the HRS/MONROE COUNTY
COMMISSION'S approval.o
~NENTY-THIRD: The Lessee shall have the right to terminate this lease in
the event that funding from the State of Florida is lost.
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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.
a S~ed. sealed and delivered in the presence of:
QOo~~~~~~
As to Lessor
Lessee
ATTEST: DANNY L. KOLHAGE, CLERK
By Oookl ~~ ~~
Deputy Clerk
STATE OF
l
APPROVED AS TO FORM
:~~
County of
Before me, a Notary Public in and for said State and County, personally came
to me
well known and known to be the persoll- named in the foregoing lease, and
acknowledged that
executed the same for the purpose therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day of
, 19_
Notary Public
My commission expire"
This 1m/rumen/ prepared by:
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