HomeMy WebLinkAboutAgreement_General_10/30/2009FIRST ADDENDUM TO RESIDENTIAL LEASE
THIS FIRST ADDENDUM TO RESIDENTIAL LEASE, made this 3 ~ day of October, 2009,
effective ~;,Ct. ,~C _, 2009, between TIMOTHY J. and BETH W. LAWRENCE, his wife ("Landlord")
having a mailing address of 4412 County Line Road, Tequesta, Florida 33469; and THE VILLAGE OF
TEQUESTA, a municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469
("Tenant") proposing to lease that certain single family residence located at 188 River Drive, Tequesta, Florida
33469.
WHEREAS, Landlord and Tenant have previously entered into a Residential Lease dated October 8,
2009; and
WHEREAS, said Residential Lease provided at Paragraph 7.A. that Tenant would name Landlord as an
"Additional Insured" on its insurance coverage; and
WHEREAS, this provision of the Residential Lease cannot be complied with in accordance with Tenant's
insurance carrier and Sec. 768.28, Florida Statutes; and
WHEREAS, Landlord and Tenant desire to enter into this First Addendum to Residential Lease in order
to revise the terms of Paragraph 7.A.
NOW THEREFORE, in accordance with the requirements of Paragraph 20 of the Residential Lease,
Landlord and Tenant hereby agree to enter into this written First Addendum to Residential Lease and to
incorporate same into the Residential Lease.
Paragraph 7.A. of the Residential Lease is hereby amended to read as follows:
7. OBLIGATIONS OF TENANT.
A. Tenant shall be responsible to the extent not covered by Landlord's insurance for all conditions
created or caused by the negligent or wrongful act or omission of Tenant, or other person on the Premises with
Tenant's consent. Tenant will defend, indemnify and hold harmless Landlord from and against any and all claims,
demands, or lawsuits arising out of or in any way connected with Tenant's use of the premises. Furthermore,
Tenant will be responsible for payment of increased insurance premiums during the time that Tenant is using the
premises, with increased coverage of One Million Dollars ($1,000,000.00) per occurrence. Tenant agrees to pay
such increase in the premium within thirty (30) days of being invoiced for same by Landlord. See Exhibits A, B,
C and D, which are attached hereto and incorporated herein.
2. Each and every other section and subsection of the Residential Lease shall remain in full force and effect
as previously executed by the parties.
3. This First Addendum to Residential Lease shall be attached to, and be made a part of the Residential
Lease dated October 8, 2009.
IN WITNESS WHEREOF, the parties have executed this First Addendum to Residential Lease as of the
day and year first above written.
Signed, sealed and delivered in the
pre ence of two (2) witnesses:
.~
Tenant:
THE VILLAGE OF TEQUESTA
By: Michael Couzzo, Village Manager
Page 1 of 2
As To Tenant
Signed, sealed and delivered in the
presence of two (2) witnesses:
~i ~= m env `
As to Landlord
~ I! ,/
As to Landlord
Y:~dnes~TequestaUlisc~T1 end BW Lawrence Leese .wpd
Landlord:
. _ --- ~ _ _
1 ~ 1.~
TIMOTHY -. L WRENCE ~~
~~~~~ ~~~
BETH W. LAWRENCE
Page 2 of 2
tt f'~
~1~Hlt3l't'
Tim & Beth Lawrence
4412 County Line Rd.
Tequesta, FL 33469
October 29, 2009
The Village of Tequesta
Michael Couzzo, Village Manager
Mr. Couzzo,
This invoice is for insurance premium services for an upgraded commercial
policy for 188 River Drive. The total premium, $1,703.22 divided by 12 months equals
$141.93. A check for the amount of $141.93 is due on the 8~ of each month can be added
to the original lease or it may be paid separately.
Amount due for Oct. 29 through Nov. 7, due by November 7'~ $42.50
Monthly amount due Nov. 8th for FIRST ADDENDUM TO RESIDENTIAL LEASE $141.93
RV. Johnson Insurance
4011 N. d~ress Drive, Suite 24
Tequesta,TL 33469
Phone :561-745-8894 Faz :561-745-8871
+ +
Tim and Beth Lawrence
4412 County Lnie Road
Tequesta, FL 33469
+ +
540830 10/29/09 MEM GUS TLLIAB903555
INVOICE# 39030
TIlVIAN-1 MO 10/Z9/09
Donald L. Brad
10/Z9/09
GENERAL LIABILITY
(~ `o ~ ~ V
`l \ 1 ~ n~~
O l ~ `)
~~`~ c
$ 1,703.22
Invoice Balance: $ 1,703.22
GEN LIABILITY POLICY FOR DWELLING RENTED TO VILLAGE OF
TEQUESTA. PLEASE MAKE CHECK PAYABLE TO RV JOHNSON. THANK YOU
ACORD CERTIFICATE OF LIABILITY INSURANCE oPID >~o DA'~~"M1DDi"Y"'~
TII~iN-1 10 29 09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTNlCATE
R . V . Johnson .Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND
EXTEND OR
400 N. Cypress Drive, Suite 24 ,
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tequesta II'L 33469
Phone:561-745-8894 Fax:561-745-8871 INSURERS AFFORDING COVERAGE NAIC#
INSURED
INSURERA Nautilus Insurance C
INSURER B:
Tim and Beth Lawrence INSURER C:
4412 Counttyy Laie Road
Tequesta FL 33469 INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NJDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS.
LTR N TYPE OF INSURANCE POLICY NUIfIBER DA DATE M LJMIIS
~RAt.LUUBILI7'Y EACH OCCURRENCE S 1,000 OOO
A R COMMERCIAL GENERAL LIABILITY TLLIAB903555 10/29/09 10/29/10 PREMISES Esoocursnce s 50 000
CLAIMS MADE ®OCCUR MED EXP (Any one parson) S E:Ciudad
PERSONAL 8 ADV INJURY S 1
000 000
,
GENERAL AGGREGATE S 1 OOO OOO
GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMPIOPAGG S InClnded
POLICY jECT LOC
AU TOMOB~E 1.1/181LI7'Y
aMBI
N
ED
SINGLE LIMIT
O 5
ANV AUTO ~
~
E
nI
ALL OWNED AUTOS
BODILY INJURY
$
SCHEOULEDAUTOS (Psr person)
HIRED AUTOS
BODILY INJURY $
NON-OWNED AUTOS (Psr accWant)
PROPERTY DAMAGE S
(Psr siocidsM)
~~ ~&~ AUTO ONLY - EA ACCIDENT S
ANY AUTO EA ACC
OTHER THAN S
AUTO ONLY: AGG S
EXCESSIUMBRELLA LLIBILRY EACH OCCURRENCE i
OCCUR ~ CLAIMS MADE
AGGREGATE i
E
DEDUCTIBLE 8
RETENTION s S
WORKERS COMPENSATION AND
EMPLOYERS' LJgBNdI'Y TORY LIMffS ER
ANY PROPRIETOR/PARTNER/FJ(ECUTIVE E.L. EACH ACCIDENT S
OFFICERIMEMBER EXCLUDED9
H yea
describe under E.L. DISEASE - EA EMPLOYEE S
,
SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT i
onIER
DESCRIPTION OF OPERATIONS ~ LOCATIONS / VEIiICLES ~ EXCLU810N8 ADDED SY ENDOR8EMENT ~ SPECYLL P
DWELLING LOCATED AT: 188 RIVER DRIVE, TEQUESTA, FL 33469
GENERAL LIABILITY COVERAGE FOR DWELLING RENTED TO TSE VILLAGE OF TEQUE3TA,
FIRE,RESCUE EN~RGENCY SERVICES
NOTE: COVERAGE FOR ANII4AL RELATED LIABILITY CLAIMS I3 $50,000 PER
OCCURRENCE/$100,000 POLICY AGGREGlITE
CERTIFICATE HOLDER r_eurcl ~ eTlnw
INSUR-1 8HOULD ANY OF THE ABOVE DESCRIED POLICIE8 BE CANCELLED BEFORE THE EIIPIRATION
DATE THEREOF, THE Ui8UIN0 MISURER WR.L ENDEAVOR TO MAIL 1 O * DAYB WRITTEN
NOTICE TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO 80 SHALL
PROOF OF INSURANCE IMPOSE NO OBLJfiATION OR LUUBILJIY OF ANY KIND UPON THE INSURER, ITS A(iENT3 OR
REPRESENT TNES.
/~v~+RY LV'LYV 1/V8)
®ACORD CORPORATION 1988
~~~ ~ i ~i ~
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
25
~~X_h,~ ~~ ~f J
RESIDENTIAL LEASE
AGREEMENT OF LEASE, made this g day of October, 2009, effective ~U • ~ ,.2009,
between TIMOTHY J. and BETH W. LAWRENCE, his wife ("Landlord") having a mailing address of 4412
County Line Road, Tequesta, Florida 33469; and THE VILLAGE OF TEQUESTA, a municipal corporation with
offices located at 345 Tequesta Drive, Tequesta, Florida 33469 ("Tenant") proposing to lease that certain single
family residence located at 188 River Drive, Tequesta, Florida 33469.
1. PREMISES/TERM. Landlord leases to Tenant the single family residence located at l 88 River Drive,
Tequesta, Florida 33469 (hereinafter referred to as "Premises") for an initial term of seven (7) months (the "Initial
Term") commencing on the ~ day of October, 2009, and ending on the~_ day of May, 2010, and continuing
on a month to month basis, if needed by the Village, as more particularly set forth herein. However, if the
Tequesta Bridge project is completed sooner than the expiration of the Initial Term, the Tenant may vacate the
premises with no penalty or further payment of rent upon fifteen (15) days notice to Landlord.
2. RENT. Tenant agrees to pay the rent without any deduction or prior notice as follows: $700.00 on or
before the ~ day of October, 2009, and a similar sum payable in advance on the ~ day of each month
thereafter during the term and any extensions, at the mailing address of Landlord hereinabove set forth or other
such place as Landlord may designate, except that Tenant shall pay the first monthly installment on the signing
hereof. If the monthly payment of rent is not received by the Landlord within ten (! 0) days from the date it is
due, a "late charge" of four percent (4%) of such. payment shall be due Landlord as additional rent.
3. OCCUPANCY. The Premises shall be occupied by Tenant only for residential. purposes to house fire
rescue/police personnel on a temporary basis in order to serve portions of the Village made difficult to access by
the temporary closing of the Tequesta Bridge. The Premises may not be used for illegal, immoral or improper
purposes.
4. ASSIGNMENT AND SUBLETTING. Tenant shall. not assign the Lease, or sublet the Premises or any
part thereof, or permit the Premises or any part thereof, to be used. or occupied by anyone other than
agents/employees of Tenant, without the prior consent of Landlord.
5. REPAIRS. Tenant shall take good care of the Premises and Landlord's appliances and furnishings
therein, and shall maintain them in good order and condition, ordinary wear and tear excepted.
6. UTILITIES. Landlord agrees to pay for all utilities, excluding electricity and telephone which shall be
paid for by Tenant during the term of the Lease. Tenant is responsible for making all arrangements with the
electric and telephone companies in Tenant's name, including required deposits, for all services to be paid by
Tenant. Tenant shall make reasonable provisions for and shall pay the cost of pool service.
7. OBLIGATIONS OF TENANT.
A. Tenant shall be responsible to the extent not covered by Landlord's insurance far all conditions
created or caused by the negligent or wrongful actor omission of Tenant, or other person on the Premises with
Tenant's consent. Tenant shall list Landlord as an "Additional insured" on any insurance procured by the Tenant
and will hold the landlord harmless from and against any and all claims, demands, or lawsuits arising out of or in
anyway connected with Tenant's use of the premises.
B. Tenant, at all times during the tenancy, SHALL:
i. Clean and Sanitary. Keep the Premises clean and sanitary, remove all garbage in a clean
and sanitary manner, and keep all ptumbing fixtures clean, sanitary and in repair.
Page 1 of 4
ii. Use of Appliances. Use and operate in a reasonable manner all electrical, plumbing,
sanitary, heating, cooking ventilating, air-conditioning and other such facilities, appliances and equipment.
iii. Nei hors. Conduct himself or herself and require persons on the Premises with Tenant's
consent to conduct themselves in a manner that does not unreasonably disturb Tenant's neighbors or constitute a
breach of peace.
iv. Compliance with Laws. Comply with all present and future laws and regulations of
Federal, State, County and Municipal authorities which affect the use or occupation of the Premises.
C. Tenant, at all times during the tenancy, SHALL NOT:
i. Damaee. Destroy, deface, damage or remove any part of the Premises or property therein
belonging to Landlord, or permit any person to do so.
ii. Waste. Commit waste on the Premises or maintain or permit to be maintained a nuisance
thereon.
iii. Changes and Alterations. Make any changes, alterations or improvements in or to the
Premises without Landlord's prior written consent.
8. DEFAULT.
A. ff Tenant fails to comply with the provisions of the Lease, other than failure to pay rent, and such
noncompliance is of a nature that Tenant should not be given an opportunity to cure it, Landlord may serve upon
Tenant the seven (7) day notice referred to in Section 83.56, Florida Statutes, whereupon the Lease shall
terminate and Tenant shall have seven (7) days to vacate the Premises.
B. If such noncompliance is of such a nature that Tenant should be given an opportunity to cure it,
Landlord may serve upon Tenant the seven (7) day notice referred to in Section 83.56, Florida Statutes,
whereupon Tenant shall have seven (7) days to remedy the noncompliance and, upon Tenant's failure to timely do
so, the Lease shall be deemed terminated and Tenant shall vacate the Premises upon such termination.
C. If Tenant shall default in the payment of rent or additional rent, and such default shall continue
three (3) days after the giving of the written three (3) day notice referred to in Section 83.56(3), Florida Statutes,
Landlord may terminate the Lease and retake possession of the Premises; and Tenant shall remain liable to
Landlord and shall surrender possession of the Premises to Landlord.
4. DESTRUCTION OF PREMISES.
A. If the Premises are damaged or destroyed so that the enjoyment of the Premises is substantially
impaired, then the rent shall be proportionately paid up to the time of the casualty and thenceforth shall cease until
the date when the Premises have been repaired or restored by Landlord, provided, however, that in the event of
such substantial impairment, Landlord or Tenant shall have the right to terminate the term of the Lease by giving
notice to the other of his exercise of such right at any time within thirty (30) days after the occurrence of such
damage or destruction. If this notice is given, the term of the Lease shall terminate on the date specified in the
Notice (which shall be not more than fifteen days after the giving of such notice), as fully and completely as if
such date were the date set forth in the Lease for the termination of the Lease. If Tenant exercises the option to
terminate the Lease, Tenant must immediately vacate the Premises. If neither party has given notice of
termination as herein provided, Landlord shall proceed to repair the Premises, and the Lease shall not terminate.
Page 2 of 4
B. If the Premises shall be partially damaged or partially destroyed, without substantial impairment
of Tenant's enjoyment of the Premises, the damages shall be repaired by and at the expense of the Landlord and
the rent until such repairs are made shall be apportioned according to the part of the Premises which is usable by
Tenant. Landlord shall not be liable for any inconvenience or annoyance to Tenant resulting in any way from
such damage or the repair thereof. If the Premises are partially damaged or partially destroyed as a result of the
wrongful or negligent act of Tenant, a member of Tenant's family, or other person on the Premises with Tenant's
consent, there shall be no apportionment or abatement of rent.
10. FEES AND EXPENSES. If Landlord or Tenant is required to take any action to enforce the Lease, or to
defend the validity of or interpret the Lease, then the prevailing party shall be entitled to recover all costs and
expenses incurred thereby, including court costs and reasonable attorneys' fees at all trial and appellate levels.
1 l . END OF TERM /ABANDONED PROPERTY. At the end of the Initial Term (seven (7) months) unless
terminated earlier in accordance with Section 1 above, Tenant shall be allowed to continue to lease the premises
on a month-to-month basis with notice to the Landlord thirty (30) days prior to termination of the Initial Term. At
the end of the Initial Tenn and any extensions, Tenant shall surrender the premises to Landlord, broom clean, and
in as good condition as they were at the beginning of the Lease, ordinary wear and tear, and damage by fire and
the elements excepted, and Tenant shall remove all of Tenant's property. All property, installations and additions
required to be removed by Tenant at the end of the Lease which remain in the Premises after the Tenant has
vacated shall be considered abandoned by Tenant and, at the option of the Landlord, may either be retained as
Landlord's property or removed at Tenant's expense.
12. WAIVER OF TRIAL BY JURY. Landlord and Tenant hereby waive trial by jury in any action,
proceeding or counterclaim brought by either party against the other pertaining to any matters whatsoever arising
out of or in any way connected with the Lease or Tenant's use and occupancy of the Premises, other than an action
for personal injury.
13. QUIET ENJOYMENT. The Landlord agrees with Tenant that, upon Tenant paying the rent and
performing all of the terms, covenants and conditions of the Lease on Tenant's part to be performed, Tenant may
peaceably and quietly enjoy the Premises.
l4. LANDLORD'S RIGHT OF INSPECTION. The Landlord's right to enter the Premises shall be governed
by the provisions of Section 83.53, Florida Statutes, it being understood that hurricanes or severe storm warnings
shall constitute an emergency under such Section.
15. "AS IS". Tenant (or Tenant's agent) has inspected the Premises and is familiar and satisfied with its
present condition. The taking of possession of the Premises by Tenant shall be conclusive evidence that the
Premises were in good and satisfactory condition at the time such possession was taken.
16. NO WAIVER OF LEASE TERMS. The failure of Landlord or Tenant to take airy action against the
other for violation of any of the terms of the Lease shall not prevent a subsequent act of a similar nature from
being a violation of the Lease. No act or agreement to accept surrender of the Premises from Tenant shall be valid
unless in writing signed by Landlord.
17. INTERRUPTION OF SERVICE. Interruption or failure of any service required to be furnished to Tenant
by Landlord if due to causes beyond Landlord's control shall not entitle Tenant to any allowance or reduction of
rent.
18. RADON GAS DISCLOSURE. Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over
Page 3 of 4
time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your county public health unit.
19. A facsimile or email copy of this Residential Lease with signatures thereon will be considered for all
purposes as originals. This Lease may be signed in counterparts.
20. NO ORAL AGREEMENTS /SUCCESSOR INTERESTS. The agreements contained in the Lease set
forth the entire understanding of the parties, shall be binding upon and shall inure to the benefit of the respective
heirs, successors, assigns, and legal representatives of the parties hereto and shall not be changed or terminated
orally.
IN WITNESS WHEREOF, the parties have executed the Lease as of the day and year first above written.
Signed, sealed and delivered in the Tenant:
presence of two (2) witnesses:
/b/Ffb4
THE VILLAG F TE
v~.•G4RP~'4~~G By: Michael Couao, Vil e a
l~l i..c Y ~` l ~ C.~lt ~ ~: SE~ f'9~ ~ ~ g
As To Tenant cn~~Q19~TFp .~
Signed sealed and delivered in the %,, OF FLOp~~``•• Landlord:
presence of two (2) witnesses: ~ ~'''~~~~~+~„+++++``~~
/~ • f
`~ a~,~ rr1e,L~.~~~.
As to Landlord
nt. ~ ~ I ~~
As to Landlord
V'docs~7equeur,Misc~.T1 aM DW fii.rrncc Ira wpd
~ ~ ~~~V 4
TIMOT .LAWRENCE
~ °~~~~ ~
BETH W. LAWRENCE
Page 4 of 4
VILLAGE OF TEQUESTA
..
ACKNOWLEDGEMENT
The Village of Tequesta on Thursday, October 8, 2009 received two remote
controls (gate/garage) and one set of house keys for the front door from Tim and
Beth Lawrence for the rental house located at 188 River Drive, Tequesta, Florida.
~ ~ ~~~
Received by Lori McWilliams
~ a~ ~! ~
Date
f. I lks - ~ F~ C~ i
r~~~e ~
345 Tequesta Dr., Tequesta, Fl 33469
561.575.6200 * Fax: 56I-575-6203
www.tequesta.org