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Item H8 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Oct. 18,2006 Division: Growth Management Bulk Item: Yes X No Department: Growth Management Staff Contact Person: Ty Svmroski AGENDA ITEM WORDING: Approval ofa lease for the top floor of 20844 4th Avenue, Cudjoe Key for the Building Department and other county staff involved with issuing building permits in the Lower Keys. ITEM BACKGROUND: The staff responsible for building permits and inspections in the Lower Keys are located in the Gato Building in Key West and the government center in Marathon. There also is a two person office in the City of Key West on the north side of Stock Island. This proposal is to move the staff to Cudjoe Key to better serve the Lower Keys and improve the efficiency of the inspectors that travel throughout the community. It is anticipated that the office on Stock Island would remain as a service to the Stock Island community. This would free up office space that could then be used by other county functions that arc located in offices rented with tax revenues and thus reduce tax expenditures. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes No COST TO COUNTY: $ 163.958/year SOURCE OF FUNDS: Building Permit Fees REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Management~_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 MEMORANDUM MONROE COUNTY PLANNING DEPARTMENT We strive to be friendlv. professional and fair To: Tom Willi, County Administrator From: Ty Symroski, Growth Management Director Date: October 2, 2006 RE: Proposed Cudjoe Key Permitting Office I Proposal: Relocate the Lower Keys building permitting and associated functions onto Cudjoe Key by entering into a 10 year lease for 5,300 sq. ft. of office space. This would move 5 Code Enforcement staff from the Gato Building in Key West, and approximately 20 building and planning staff from government center in Marathon. The two building permit staff would remain in the Juvenile Justice Building on Stock Island Parking will be sufficient, the building with be served with a backup generator with approximately 2 weeks capacity. The space being rented would be built out by the landlord to the county's specifications. II Operational Benefits: A County Mission Statement "The m1SSIOn of the county is to provide outstanding public service responsive to the needs of our citizens, our unique community, and our environment." Placing the offices in the middle of the service area rather than downtown Key West and downtown Marathon will improve the fulfillment of our mission. Tax Savings: The move will free up office space at the Gato Building and Marathon Government Center. This space could then be made available to county offices that are now paying rent with ad valorem taxes. Efficiency: 1 The relocation of offices out of Marathon and Key West into the middle of the service area will reduce the staff travel time by the building and code inspectors and associated mileage and fuel. Locating code enforcement and building staff in the same building will diminish difficulties when citizens get "bounced" between departments. The custom layout of the building will allow the creation of a modern layout to strive for a paperless office from the start. Hurricane Resistance: The building is well above the flood elevation and is built to a higher building code than the current offices on Marathon B C ') "- 3 D W:\GROWTH MANAGEMENT\Administration\Div Organization\Cudjoe Key office\20061 003 Report to BOCC.doe Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 HI which leaked during Tropical Storm Emesto. Additionally, the building will have a generator with a 1,000 gallon propane tank on site. This will last for approximately 5 days at normal load. E Parking: The site has sufficient parking and will be adjusted for large vehicles associated with contractors. The staff demand is approximately 20 spaces because much of the staff will be doing inspections. F Long Term Objective: The lease will allow an improvement in public service and provide time to work toward the County actually acquiring a Lower Keys service center. Budget & Funding: A All expenses with the rental will be covered by building permit fees, No increase in fees will be required based on existing and previous year's revenues. Initial moving expenses will be funded with the existing fund balance. For the 2007 fiscal year, the budget projects revenues of $2,500,000. Pursuant to Florida Statutes, these funds are limited to functions of building permits and inspection. The budgeted expenditures for the Building Department are $2,179,371. Additionally, the fund balance for fund 148 was $5,469,010 at the end of Sept. 30, 2005. B Initial move in expenses 1 Furniture. Estimated at $25,000 2 Moving. Estimated to be $5,000 3 Telephones and computers. Estimated at $85,000 C Annual expenses 1 Annual rent. $163,958 monthly rent with CPT increases. After the first year they may be an adjustment based on unanticipated expenses of the landlord. 2 Annual utilities. Not estimated at this time. IV Alternatives: . There are no identical alternatives to this building, This building is: Centrally 10cated for the Lower Keys population Structurally sound Elevated such that the offices will be approximately 10 feet above the base flood elevation Unfinished which allows the interior to be built out to the County's specifications Built to the current building code including wind loading New Served by an emergency back up generator Consistent with the office space rental rates in the Lower Keys . . . . . . . . W:\GROWTH MANAGEMEN1'Administration\Div Organization\Cudjoe Key otllee\20061 003 Report to BOCCdoe Page 2 of 2 LEASE SUMMARY PAGE LANDLORD: ~Jantage Property Development, LLCf a Florida Corporation ADDRESS: 20844 4th Avenue West, Cudjoe Key, Florida 33042 TENANT: MONROE COONTY PROPERTY LOCATION: 21460 Overseas Highway, Cudjoe Key FL 33042 TERM ORIGINAL: Ten (10) Years, comrnencing January I, 2007 and ending December 31, 2016. RENT: FIRST YEAR: $163,958.00,annuaI rent; $13,663.00 per month Second Tenth Year: annual increase by CPI SECURITY DEPOSIT: NT"< '"' PURPOSE: Office space for use by Tenant Monroe County with access by the public. PREPARATION OF PREMISES: Landlord will build out the second floor to Tenant's specifications a.s attached on Exhibit "AU including finished. aY""; .;.1........ painted walls, finished and tiled baths and fixtures, HVAC, separate electric meter, windows that open, doors and windows ~o at least 155 mile per hour winds, all electric wi and 1i ing i.neluding emergency light finished f as chosen by tenant, 60 fG^J propane fueled generator to serve the building including the 1225(:30 prem.ises an(j 1/000 gallon gas tank to serve the generator, prem.i ses 0 be ADA compliant. 21460 Overseas Hwy 200610 11 sg :;. LEASE THIS LEASE made and entered into by and between Vantage Property Development LLC, a Florida corporation (Landlord) and MONROE: COUNTY, a itical subdivision of the state of Florida (Tenant) WIT N E SSE T H: 1. LEASEHOLD PREMISES. Landlord. hereby leases unto Tenant, and Tenant hereby leases [rom Landlord, 7,287 square feet of commerciaJ. space comprising the entire ton (second) floor and a 50~; undivided share of the stairs and COITJnon faciliti.es of those premises '",hich are located ,,~ dL 2 460 Overseas Highway, Cudjoe Key, Florida 33042 (the "Premises"), and more part.icularly shown on Exhibit \l'"hl/ h , and the Lease Surr~ary attached hereto and incorporated by reference, including parking spaces at the Premises for use by Tenant and the public, and including three bays which may be used for storage or parking under the building. 2. TERM - RENEv~AL. The term of the lease commences January I, 2007. The original ease term hereof shall be Ten (10) years, to and through December 31, 2016. Tenant may renew this lease at its option for two periods of five (5) years each upon terms to be negotiated by the parties. 3. RENT. The annual rent for the lease Lerm shall be One Hundred Thousand Sixty - three Thousand Nine Hundred Fifty - eight Dollars ($163,958.00). The rent shall be payable monthly in arrears in equal payments of Thirteen Thousand Six hundred Sixty-three dollars ($13,663.001 upon receipL of a proper invoice pursuant to the Local Government Prompt Payment Act FS 218.70, et seq. County is not subject La sales tax or ad valorem taxation. On the st day of January, 2008, and annually thereafter, Landlord may increase the base rent by the increase in the Consumer Price Index, if any. Consumer Price Index shall mean the "Consumer Price Index for All Orban Consumers, U.S. City Average, all items (1967c'lOO)" issued oy the Bureau of Labor Statistics of the United States Department of Labor. In the event the Index shall hereafter be converted to a different standard reference base or otherwise revlsed, the determination of the Percentage Increases (defined abO""1e) shall be rnade !~"Li~th the use of SUCh conversion factor, .I:ormula, or table for COn'iler"CJ"ng thE~ Index a.s rn2V be published b'y~ the Bureau of Labor Statistics or i if said BureLlu shall not i,sh the same, then with the use of such. convl~rsion factorr form.ula or ta.ble as may be published by Prentice Hall, Inc., or, failing such publication, by any other national recognized publisher of similar statistical information. For any partial month \^;l thin 21460 Overseas Hwy 2 20061011sg the term hereof said rent shall be payable on a prorated basis. JU! rents shall be paid when due and interest for late payments shall be as set by the Florida Local Covernment Prompt Fayment Act. Payment under a multiple year agreement is contingent upon annual appropriation by thce Board of County Cormnissioners. In the event that funds cannot be obtained, are not~ appropriated by the Board or County Cornmiss oners, or cannot be continued at a. level sufficient to pay the lease this lease may be terminated by the Tenant providing to Landlord at least six months prior written notice of the termination. In the event of termination for lack of funding or non-appropriation within the first five years of the lease term, Tenant shall pay Landlord Thirty Thousand Dollars ($30,000.00) 4. SECURITY DEPOSIT. No security deposit is required. 5. LNCREP..~_ED COSTS OF r"ANDL~8.Q. County shall Dot withhold approval of any reasonable amenQ'Uent t~ v address economic changes due to costs not ascertainable with reasonable certainty at the execution of this lease. There shall be a review of the terms of the l~ase and re-negotiation in January, 2008 to address such non-ascertainable costs. This does n"'-TO ~~ include utilities. 6. UTILI TIES. Landlord shall pay all charges for water, sewer, and solid waste used at the Premises during the lease Lerro. Tenant shall pay its own electric bi 1. Landlord shall pay the cost of filling the tank for propane gas. If gas is used during emergencies, tenant shall pay for fifty percent (50%) of the amount used. 7. !"CCEP'Ii\NCE OF THE PREMISES: Tenant shall provide a list of items ""hieh have not been completed pursuant to the plans attached as Exhibit "A." and Landlord shall promptly complete same. Tenant may withhold rent until the building is complete as designed, or the date of occupancy and rent due shall be changed by amendment to this Lease. 8. lJSE OF PREHISES. Tenant lS using the premises for county offices. After hurricanes or other disasters, it .is necessary that this office be ooerational. Landlord shall operate the generator to render the premises funct~-i._cn.al, and shall instruct the Tenant V.J..i the use of the generat.or in l!andlord's ~~bsence~ Tenant shall not use the or permit any part of such prernises to be used for any unlawful or hazardous purpose, nor shall Tenant operate or conduct its business in a manner constituti.ng a nuisance of any kind. The use of the premises permitted hereunder is any lawful use, provided said use is properly permitted and licensed by Monroe County and/or 21460 Overseas Hwy 3 20061011sg any other applicable governmental agencl8s. If Landlord finishes the bU11ding, roof and windows to withstand 155 mile per hour winds, and does not install hurricane shutters, Tenant may decide in .-'). ~V purchase and install hurricane shutters. No use of the premises shall be maae or permiLted to be made, or acts done, that '1i11 cause a cancellation of any insurance pol icy covering the buil nor shall Tenant sell, or permit to be kept, used, or sold, in or about the premises, any article prohibited by the standard form of fire insurance policies. 9. ALTERATIONS AND REPAIRS. The Tenant wiJ.l, at Tenantts sole cost and expense, keep that portion of the premises utilized by it in good repair and tenantable condition during the term of this lease. The Tenant will, at the termination of this lease return the premises to the Landlord in as good condition as when received, ordinary wear and tear excepted. Tenant shall make no alterations, , " . aoalt_lons, or improvements to the premises without the prior written consent of Landlord. Alterations requiring Landlord's prior written consent include, but are not limited to, struotural or cosmetic alteration to the premises and any alteration or decoration, whether exterior or interior, which is visible from outside of the building. All additions, changes, and other improvements ereoted or placed on the premises shall remain thereon and shall not be removed. At the expiraLion of this lease all such improvements shall be the property of the Landlord, at the Landlord's option. In the event the Landlord so elects, the Tenant shall remove such improvements from the property and restore the property to its original condition all at Tenant's expense. 10. SIGNS. Landlord shall clearly identify the address of the premises with numerals that can be readily seen from the street. Landlord shall allow signage clearly identifying the Tenant's offices and services provided. Tenant shal pay its proportional cost of signage and shall pre-approve the design. Landlord shall obtain two written quotes for the proposed signage and provide documented invoices and receipts in order to be reimbursed by Tenant. ll~ t,tI\,INTENANCE. Tenant shall main,tain the interior of the premises, B,nd shall make all necessary repairs including without limitation, maintenance a.nd of 't . In_erlor wa co ~~, windows, and doors. Tenant shall provide monthly maintenance to the filters for the air conditioning units withln the premises. Tenant shall be responsible for cleaning the interior of the premises and maintaining all light fixtures in working order. Landlord 1S 21460 Overseas H wy 4 20061011sg responsible to maln~aln and repair the exterior walls, windows, and roof of the building, as wel as the electrical wiring, the p1.umbing system serving the premises, air conditioning condensers, ducts, 2nd air hanalers, elevator , 'd' lnC1-U Lng inspections and certifications, s-cairways, generator and propane tank, and structural foundations. Landlord shall maintain the landscaping, parking lot and everything outside the building. Landlord shall furnish t-~ 0V Ten,ant emergency contact information for the above repairs and maintenance in the event Landlord cannot be reached. 12. INSURANCE. ~-,-~~~~ Landlord shal obtaIn and kecc in force, insurance coverage insuring against any loss or damage to the premises caused by fire, windstorm, flood, or other such hazards, as well as a policy of comprehensive public liabil insurance in the amount of One lvlillion Dollars ($1,000,000.00) insuring Landlord with Tenant as an additional insured against any and all claims for damages to person or property, or loss of life or of property, occurring upon, in or about the premises. Such insurance shalL be w.i th a company licensed to do business in the State of Florida and having an A.M. Best rating of A-VI or better. It shal be the exclusive obligation of Tenant to insure any and all contents of the leasehold premises and it is hereby agreed that the Landlord shall have no liability for loss or damage to the same from any cause vlhatsoever. Tenant shall carry sufficient liability insurance or shall self insure for damages caused to persons or property by its negligent acts or omissions on the premises. 13. DESTROCTION OR DAMAGE. A. If the premises are, or any part thereof Shall be damaged by fire or other casualty, Tenant shall give immediate notice thereof to Landlord and this lease shall continue in full force and effect except as hereinafter set forth. B. If the premises are partially damaged or rendered partially unusable by fire or other casual ty insured under the coverage obtained by the Landlord, the damages thereto shall be repaired by Landlord, to the extent insurance proceeds are available. Landlord will make the rs and restorations with all due speed, ect to due to 3djustment of insurance c~alms, labor troubles, and causes beyona Landlord ~ s control. Aftc:r dn~/ sueiz casualLy, Tenant it-Jl 1 cooperate with Landlord's restoration by removing from the premises as promptly as possible, all of Tenant's salvageable inventory and moveable equipment, furniture and other property. 21460 Overseas Hwy 5 20061011sg C. If the premises are rendered wholly unusable or, if ~he building be so damaged that the Landlord shall decide to demolish it or rebuild it, then, ln such event, Landlord or Tenant may elect to terminate this lease by written notice to the other ven within 90 days of such fire or casualty, specifying a date for the expiration of the lease, which will not be more than 60 days after giving such notice, and upon the date specified -;- n .J,.,...... such notice the term of the lease wi.ll expire fully and completely as j f such date were the date set forth above for the termination of this lease. In such event, Tenant will forthwith quit, surrender and vacate the premises withouL prejudice however to Landlord's rights and remedies against Tenant under the lease provisions in effect prior to such termination, and any rent owing will be paid up to such date. D. TenanL acknowledges that Landlord will nOL carry insurance on Tenant's inventory and/or furnishings any fixtures or equipment, improvements, or appurtenances removable by the Tenant, and agrees the Landlord will not be obliged to repair any damage thereto or replace the same. 14. EVENTS OF DEFAULT. The occurrence of any of the follo"'ling shall constitute an event of default hereunder: A. Discontinuance by Tenant of the conduct of its business in the premises, for a period of thirty days or longer. B. The filing of a petition by or against Tenant for adjudication as a bankrupt or insolvent, or for its reorganization or for the appointment of a receiver or proceedings under Chapter X and/or Chapter IX of the Federal Bankruptcy Law; an assignment by Tenant for the benefit of credi tors; or the taking possession of the propen:y of Tenant by any governmental officer, court appointed receiver or agency pursuant to statutory authority for the dissolution or liquidation of Tenant. C. Failure of Tenant to pay when due any installment of rent hereunder or any other sum herein required to be paid by Tenant. D. Tenant's failure to perform any non-monetary covenant or condition of this lease within ten {J.O} after written notice and demand~ E~ Failure of Landlord to mai.ntain the premises as set forth herein. 15 ~ g~I GHTS ~ OF Ll?~t0DLORQ~_ UPO~~.J DEFAU~L T Br:~~~:rENAN'I~:~ If the Tenant lS ln default as defined in subparagraphs h to D inclusive of Paragraph 14 and if the same is not cured by the Tenant within five (5) days after vvritten notice to the Tenant, the Landlord, in addition 21460 Overseas lhvy 6 20061011sg to all rights and remedies granted under the laws of the State of Florida shall have any or all of the following rights: 11. To re-enter and remove all persons and property from the premises, and such property may be removed and stored in a public warehouse or elscltlhere at the cost 01 and for the account of Tenant, all I;i'ithout service of notice or resort to legal process and without being deemed ty of trespass, or becoming liable for loss or damage which may be occasioned Lhereby; and/or B. To terminate the lease and re-let the premises for account of the Landlord or within the sole discretion of Landlord the premises may be re-let for the account of the Tenant. 16. RIGHT TO DAMlI.GES IN THE EVENT OF TERMINp.TION. In the event of Landlord's termination of this lease for Tenant's breach hereunder, In addition ~o any other remedy otherwise available at law or ty, Landlord may recover from Tenant all damages incurred by reason of such breach, including the cost of recovering the premises. Tenant may recover its damages In the event that the building or portions of it become so deteriorated that l~ cannot conduct its business. In the event repairs must be done by Tenant on an emergency basis, the cost will be paid by Landlord, or shall be paid by adjustment of rent the following month. " ~ 1..- I ~ ATTORNEY'S FEES AND COSTS. If any action at law or in equity shall be brought under this lease, or for or on account of any breach of, or to enforce or in1:erpret any of the covenants, terms, or conditions of this lease, or for the recovery of possession of the demised premises, the prevailing party shall be entitled to recover from the other party, reasonable attorneys fees and costs, the amount of whi.ch shall be fixed by the court and shall be made a part of any judgment or decree rendered. 18. INDSlvlNIFICAT:fON, HOLD HARMLESS. Subject to Section 768.28, Florida Statutes, Tenant shaJl ~Lndemnify and hold harmless Landlord against and from any and all claims arising from Tenant's use of the premises for the conduct of its business or from any activi.ty, work, or other Lhing done, permitted or suffered by the Tenant in or about the building, and shall further indemnify and hold harmless Landlord - and from any ana all claims arising from any breach or default in the performance of any obligation on Tenant1s part to be perforl"ned under the terrns or th.is lease, or arising frorH any act or negllgence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all and against all costs, attorney's fees, expenses and 1, b"'" d ' ld 'l.~ltles lncurre lD or about any such claim or any action or proceeding 21460 Overseas Hwy 7 20061011sg brought thereon. Landlord shall >, , f' lnoemnl'Y Tenant, lts officers, agents, servants and employees from any and all claims, damages and liability including these from any breach or default in the performance of any obligation on Landlord's part to be performed under the terms of lease, or arising from any act or negligence of the Landlord, or an officerJ' agent, employee, guest or invitee of Landlord, and from all and against a~ costs, attorney's fees, expenses and liabilities incurred in or about any such cl.aim or any action or proceeding brought thereon. 19. \ioJAIVER. The failure of either the Landlord or Tenant to insist any one or more instances upon the strict performance of anyone or more of the obligations of this lease, or to exercise any right or election herein contained, shall not be construed as a Vial ver or relinquishment for the future of the performance of such obligations of this lease, or of the right to exercise such election, but the same shall both continue and remain in full force and effect with respect to any subsequent breach, act or omission. 20. LIENS. Landlord and Tenant further agree that each will pay all of its OHn contractors, subcontractors, mechani cs, laborers, matericalmen, and all others. Each shall be responsible for all legal costs and charges, bond premiums for release of Jiens, and counsel fees reasonably incurred in the COIT@encement or defense of any suit by either to discharge any liens, judgments, or encumbrances against the premises caused or suffered by the other party. The Tenant herein shall not have any authority to create any liens for laber or material on the Landlord's interest in the above-described property, and all persons contracting with the Tenant for the doing of work or the furnishing of any materials on or LO the premises, and aLl materialmen, contractors, mechanics and laborers, are hereby charged with notice that they must look to the Tenant only to secure the payment of any bill for work done or materials furnished during the term of this lease. 21. EFFECT OF TENANT'S HOLDING OVER. Any hal.ding over after the expiration of the term of this lease, with Lhe consent of Landlord, shall be construed to be a tenancy from month to month, at the same monthly rent as required for the period irrunediately prior to the ration of the lease. 22. PEACEFUL POSSESSION. c:, '~ , ~o J.unq as TE~nant pays all of the rent and charges due and performs all. of Tenant's other obligations hereunder, Tenant shall peaceably and qui_8tly have, hold, and enjoy the premises throughout the term of this lease, without interference or hindrance by Landlord. 23.. TRANS FER BY LANDLORD. -~-~~~~---~~~~- Landlord shall give Tenant sixty (60) days nOLiae of a possible transfer of ownership. In the event of termination of 21460 Overseas H wy 8 20061011sg Landlord's ownership of the premises by operation of law or by bona fide sale of the premises or for any other reason, then Landlord shall be released from all liability and responsibility hereunder. In such event, Landlord's successor shall become liable and responsible to Tenant in respect to all such ob igations of Lanalord under this lease. 24. ASSIGtli'l.g:NT OfSm"SUBLET J?Y TE~!'lT. Tenant may not assign this Lease in whole or in part, nor sublet any portion of the premises, without LandJ.ord's prior written consent, which consent may not be unreasonably withheld if the assignment is to another governmental agency. The Tenant and signatory to this lease, and any subsequent assignees or sub lessees, shall remain liable to Landlord under the terms of this lease, regardless of the number of intervening assignments and subleases, without consent to such further assignments and subleases being required, unless and until Landlord expressly releases said Tenant, assignee or sublessee from liability under this lease, and SUCh liability shall not be in any "lay affected or reduced by any modification of the lease between Landlord and the occupant assignee, even if such modification is made without the prior tenants' consent. Landlord's consent to any assignment, subletting, occupation, or use by another person, shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by any other person, or a waiver of any right of Landlord to deny such consent pursuant 1:0 the provisions hereof. If Tenant is an entity other than a natural person, a change in the controlling interest of sa.i.d entity shall be deemed an assiqnment of this lease and thereby subject to consent by Landlord. 25. SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT A. Subordination by. Tenant. Tenant hereby subordinates its rights hereunder to the lien of any mortgage or mortgages, or the lien resulting from any other method ^" v.l- f. . . .lnanolng or refinancing, now or hereafter in force against the premises, and to all advances made or hereafter to be made upon the security thereof. This shall be self- operative and no further instrument of subordination shall be red any mortqagee. fiowever, Tenant, upon request of any party 10 interest, shall eXE:cute prolnptly such instrument or certi ficates B. ~~_toppel r_Certificate ~ Wi thin ten (10) days after request by Landl.ord, or in the event that, l.n connection with any sale, assignment or hypothecation of the premises by Landlord, an estoppel certificate shall be required from Tenant, Tenant agrees to deliver, in recordable 21460 Overseas HViI)' 9 20061011sg form, an estoppel certificate to any proposed mortgagee, purchaser, or to Landlord, cEcrtifying (if such be the case) that this lease is in full force and effect and that there are no defenses or orfsets thereon, or stating those claimed by Tenant, as long as those are factual statements when made~ In the event of a sale or assignment of Landlord's i\ttornment. interest in the premises, or if the premises comes into the nands of a mortgagee, or any other person, whether because of a mortgage foreclosure, exercise of a power of sale, or other reason, Tenant shall recognize sald mortgagee or other person as the same as Landlord hereunder. Tenant shall execute, at Landlord's request, any attornment agreement required by any mortgagee, or other such person containing such provisions as such mortgagee or other person requires. 26. PROHIBITION AGAINST INVOLUNTARY ASSIGNMENT. Neither this lease, nor the leasehold estate of Tenant, nor any interest of Tenant in the demised premises, shall be subject to involuntary assignment, transfer, or sale by operation of law, or otherwise, (except through statutory merger or consolidation, devise, or intestate succession). Any such ed involuntary assignment, transfer, or sale shall be void, and of no effect. 27. NOTICE. All notices or demands given or sent by either party to the other under this lease, shall be deemed to have been fully given and/or sent, when made in writing and deposited in the United States mail, certified or registered and postage prepaid, or when received, via hand delivery or nationally recognized overnight courier 2nd addressed as follows: TO LANDLORD: Walter P. Drabinski Vantage Property Development LLC 22814 Overseas Highway Cudjoe Key, FL 33042 MONROE COUNTY ADMINIST~~TOR 1100 Simonton Street Gato Building Key West, FL 33040 TO TENANT: and to: DIRECTOR, Growth Management Gato Building 1100 Simonton Street 21460 Overseas Hwy 20061011sg 10 Key West, Florida 33040 28. 1'l1'+IVER OF JURY TRIAL. -~~~~~"---~~ EXCEPT AS PROHIBITED BY LAW, LANDLORD P.ND TENANT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS LEASE, THIS WAIVER BEING A MATERIAL INDUCEMENT FOR LANDLORD TO ENTER INTO THE LEASE. Venue shall lie in the appropriate court or before the administrative body in Monroe County, Florida. Mediation proceedings initiated and conducted pursuant rn ~his agreement shall be in accordance with the Florida Rules or Civil Procedure and usua and customary procedures required by the Ci rcui t Court in Monroe county. This lease agreement and causes of action ari subject to arbitration. out of it are not 2 9 ~ REMEDIES CUMULATIVE. --~~~~~ All remedies conferred on Landlord herein shall be deemed cumulative and shall not be exclusive of any other remedy conferred by 12"-1. 30. ENTIRE AGREEMENT / PARTIES BOUND. This lease contains the entire agreement between the parties hereto and all previous negotiations leading hereto and it may be modified only by an agreement in writing signed by the Landlord and Tenant. The covenants and conditions herein contained shall apply to and bind the heirs, successors, executors, administrators and legal assigns of the parties to this lease. 31. SEVER~BILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, condicions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, condi~ions and provislons of this j'\~greement would the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of t~he stricken prOVJ~Slon~ BALANCE OF PAGE INTENTIONALLY LEFT BLANK ~~~~~-~~~~ ~IGNATgE-E PAG~ TO ~9_!~Lm1 21460 Overseas Hwy 200610t 1sg 11 IN WITNESS WHEREOF, the Landlord and Tenant have duly signed and executed these presents on this day of 2006. Signed, sealed and delivered in the presence of: "LANDLORD" Vantage Property Development, LLC .~~~~ By' tJJN.?J~ Signature We. K4,. ~1:>rab/)5J~re ~l ~4J' Witness as to Landlord J A:(OueuN'=- &QvL LLe::i:J Print Name and Title Date: / I)/r~.f to.6 LandI d !JOt l-epq "TENANT" : MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK By: By: Deputy Clerk Mayor Date: MONROE COUNTY ATTORNEY PPRO 0 AS TO FORM: 21460 Overseas Hwy 2006101lsg 12 Val1tase 'Propert\i Developmmt LLC Walter P. p, Orabinski 0(305) 744-3440, F (305) 744-3450 Ce II 305-394-0784 22814 Overseas Hwy Cudjoe Key, FL 33042 E-Mail: wdrabinski@vantageconsulting.com October 3,2006 SUMMARY OF BENEFITS FROM RENTAL OF 21460 OVERSEAS HWY. QUALITY SERVICE Service to customers of the Lower Keys will be enhanced: · Centrally located in lower Keys. Fifteen miles from Stock Island and 10 miles from Big Pine Key. Location West of Big Pine Key relieves traffic congestion. · Facility is designed for quality customer service. Comfortable area for interface with staff. Small conference rooms for private meeting, Meeting room available for larger meetings or Planning Board Hearings. DESIGN CONSIDERATIONS The layout is designed for specific needs of l'vlonroe County and fundamental building design is optimum under severe weather situations. · Open architecture design permits walls, partitions and services with great flexibility. ,,- · Design will incorporate up-to-date IT, telecommunications and weather monitoring infrastructure. A secure records room at 25' above mean high water ensures dry storage of critical records. · Building will meet all 2005 Energy Policy Act efficiency requirements. Full studs on outer walls permits high R-value for enclosure. Insulation in all floors and ceilings. High efficiency lighting. High efficiency distributed HVAC system. · Structural design is above standard. Floor loading was increased by 100% and roof loading by 150'%. Roof design was enhanced for added weather protection. · All windows and doors are impact resistant. · Garage has been enclosed to facilitate storage and protected parking. · All walkways, elevator, restrooms and other facilities arc ADA compliant. VALUE TO MONROE COUNTY The cost of renting this space can be analyzed from both a cost per square foot basis or an incremental savings benefit. · The cost per square foot of $22.50 gross or $31.00 per net useab]e square foot are in line with local rates for new buildings of similar design. · Other benefits that also enhance this value: A 60KW LPG generator withCOOO gallon underground capable of permitting fuJI use of the facility is included at no additional cost. 2 Hot Water - Solar system is being installed to provide economic water for the entire building. The County will be given sole use of the three center bays of the garage. These provide both enclosed parking the additional storage. An nine hundred square foot meeting room on the 1st level will be made available for public meetings or hearings. This is a multi-functional room that is part of the Pirate Wellness Center (PWC). During periods of crisis, such as after major hurricanes, the facilities of the PWC will be made available. This will include the 900 SF meeting room and the lockers and showers. A discounted rate at the Pirate Wellness Center for all county employees working in the building will be made available, enhancing overall employee health and job satisfaction. · Cost Savings - The location of this facility will minimize drive time by employees both during working hours and on their daily commute. Some estima tes of savings include: Description of Savings ~-~-~~~~=[Amount Inspector Travel Savings - Assuming 20 employees save about 1 . $144,000 hour per day in travel at a load~~!:=~~!~~~~30 per hour. County vehicle cost savings - Assume 20 employees save 30 miles $57,600 per day at $.40 per mile Employee personal drive time cost savings - Assume 25 employees save one-half hour per day in travel. Employee vehicle cost savings - Assume 30 miles per day at $.40 per mile. ! ~.__J j [ : ! 300 hours tot~TZ)~.120 I : hours per employee__J I $72,000 or $2,880 per 1 I employee . Building Facts and Rental Information · Located at 21460 Overseas Hwy on corner of Sacarma Dr. · Approximately two-thirds of an acre on Lots 1,2,5,7, 9 and 11 of Sacanna Bay subdivision. · 19,861 SF total building, includes walkways, stairs, elevator, and a covered parking area of 5,287 SF. · TWD floors of offices, each with 5,287 SF per floor, excluding walls, walkways, stairs, etc. · Floors are designed for live load of 100# jSF and roof is designed for 50# jSF. · Building is being built to highest energy codes and will meet all of the 2005 EPA requirements. Multiple solar panels provide large percentage of hot water. · First floor elevation is approximately 15 ft. above mean high water and second floor is approximately 25 ft above mean high water. · Roof incorporates Grace Water and Ice Shield for added protection against wind driven rain. ,., ," · All windows and doors are designed to meet hurricane leveI winds. Rental Details · Will rent using triple net approach on full 14,574 SF (gross space). Actual net floor space of 1t500 is 72% of total gross space square footage. · Base rent vvill be $22.50jSF of gross space, with a 3(X> increase per year to reflect nominal inflation rates. . Rental term will be ten years or more. · Rental for one flOOf will be 5163,958 per year or $13,663 per month. · Additional costs, if applicable, vvould be 50% of total maintenance, taxes, insurance and other common costs, plus utilities such as electric, vvater and communicatic)11s. · 900 SF studio on level 1 will be available for meetings and hearings. · Generator will provide back-up power. · Locker rooms and showers will be available during hurricane emergencies. t:l('olE:i 0; 2!: 0 ~ ~ ~ a! ~ 13 < >:. 51 ~~8 ~~~ di ...... .s. g-ga u U~ ~ ~ ~ ~ 6 ~ ~ ~ "ii :2 t ~ ~ t ~ ~ 4 ~ ::: l'- fG G)' >;QC- ~~c;; flj!~ c:.Cf" ~~ffi . l'- I p., _tI') J.<tI')~ ~g- (d:-..--"W .:3::ou I LOCATION MAP 1 ! II Ii I 0-4 0.6 I I I I I I cepyn;trt 0 1~004 MlcrollOll Corp. oo<1lor llo wpplletll. Alllighls reserved. http://w.\Iw.miCl'06Oltcomlstrootsl o C~:lOO3 by GIlO(jraph!o 0$\8 Tectmology, In<:. All rights l'eseNed. e 2004 NAVTEQ. All lights reserved. This data Includes iIlfOI'mallon - wIlh pem1lssloo from Can"dian tvlhoriIltt 0 Mar MtIl<>lly lhe QUeQn In RIQl1! of Canada. I .~ , l! / " ,- .r " ,- ,., /. 1~.00t4 PLAT MAP -- -- .... ~ ... ~ ~ ~ ~ .~.:i.:~:. . ..... . ..(R. .rt _. ;S ..':-~; ,.-- ! ./ ..- " 1 ~ ,ow uV IMMO! ~..,.:~ iJ; " .~.. ~~4 lSUil .14aOO 1Sl!:M N 74&t0! -Il001 THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE, " . ..- LEGellD, ...-- - ALL-ANGLES ARE 90. UNLESS SHOWN OTHE~WISE, ELEVATIONS ARE 1929 NATIONAL GEODETIC VERTICAL nA~lH. ~ B~BENCH HAR[ C.t.F.p C!-ArN~Ht fENCE. ElICRO - ENCROACHMENT F.I,r.~ FOUND IRON PIPE. L F.LL - FOUlIPTRONY:Oll FN~FOUNO lIH!., SN~SET NUL N.IL"".L.- AI'PROX. MP.I\II IIIGH \lATER LINE. S,I.R.~~T-IRON ROD ," CAP #2198 SN&D~SET NAIL & DISC. ,2198 R~RgCORD H~HEASURED . R/W- RrG~-OF-"AI " - . ,..~'\.......-;- .~. . '4.~-.\tot ~ ~ '\/}." nP .t. \). 0.. \--\ 'l-l '(. ," I . .. .Jih '" \.tt"J l{ k'''?~ A-~ ~M- Q ~ :,J. 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