Item D2 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: SEPTEMBER 1Sr, 2013 Division: TDC
Bulk Item: Yes X No _ Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with C.B. Schmitt Real Estate Co, Inc. to provide
office and parking space for the Monroe County Tourist Development Council administrative
office for an additional five (5) years with no monthly increase to current rent, and with an
option to extend for an additional five (5) years with the rent to be re-negotiated at fair market
rent in effect at that time.
ITEM BACKGROUND:
Our current agreement with C. B. Schmitt Real Estate Co. Inc. to provide office and parking
space for the Monroe County Tourist Development Council administrative office expires
February 28, 2014. C.B. Schmitt Real Estate Co. Inc. has agreed to extend the lease for the
next five (5) years with no increase in the monthly rent of $8,705.60. Therefore, attached is
an Amendment to Agreement to extend the lease to September 30, 2019 with an option to
extend for one (1) additional five year period with the rent to be re-negotiated at fair market
rent in effect at that time. Assistant County Attorney Cynthia Hall has reviewed the
Addendum to Agreement and signed for approval of it.
TDC approved same at their meeting of August 6, 2013
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original agreement at their meeting of December 9th, 1998
BOCC approved Amendment to extend on November 19th, 2003
BOCC approved Amendment to extend on December 17, 2008
CONTRACT/AGREEMENT CHANGES:
Amendment to extend agreement for five (5) years
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $8,705.60 per month BUDGETED: Yes X No_
COST TO COUNTY: SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
ce T-
APPROVED BY: County Atty X OMB/Purchasing X Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: C.B.Schmitt Real Estate Co, Contract#
Inc.
Effective Date: 3/1/2014
Expiration Date: 9/30/19
Contract Purpose/Description:
Approval of an Amendment to Agreement with C.B. Schmitt Real Estate Co Inc to provide
office and parking space for the Monroe County Tourist Development Council administrative
office for an additional five (5) years with no monthly increase to current rent and with an option
to extend for an additional five (5) years with the rent to be re-negotiated at fair market rent in
effect at that time.
Contract Manager: Maxine Pacini 3523 TDC# 3
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on 9/ 0 /13 Agenda Deadline 9/3/13
CONTRACT COSTS
Total Dollar Value of Contract: $ 8,705.60 Current Year Portion:
per month $
Budgeted? Yes® No ❑ Account Codes : 116-76007-530440-T0,96237X-530440
Grant: $ 70I(o?-37X
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e .maintenance,utilities, janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
D yeI Needed ywwer
Division Director 3 Yes❑No[Risk Management Yes❑No ( C CsC / " -
O.M.B./Purchasing S 1 Yes[_]No[fr 74RRA'/-% 6113
County Attorney (414-
� Yes❑NoE9" C. Hall ! f 3
Comments:
OMB Form Revised 2/27/01 MCP#2
ADDENDUM TO AGREEMENT
THIS ADDENDUM to Lease Agreement is made and entered into this day of
, 2013 by and between C.B. SCHMITT REAL ESTATE CO. Inc. (hereinafter
"Lessor"), a corporation incorporated in the State of Florida, whose address is 1201 White
Street, Suite B, Key West, Florida 33040 and MONROE COUNTY (hereinafter "Lessee"), a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West,
Florida 33040.
WITNESSETH
WHEREAS, there was an Agreement entered into on December 9, 1998, between the
parties, to provide office and parking space for the Monroe County Tourist Development
Council administrative offices (hereinafter'TDC"); and
WHEREAS, the original agreement allows for an option to extend the lease agreement
for two (2) additional five-year (5) terms; and
WHEREAS, there was an Addendum to Agreement entered into on November 19, 2003
to exercise one (1) of the additional five-year (5) terms; and
WHEREAS, there was an Addendum to Agreement entered into on December 17, 2008
to exercise the second (2"d) additional five-year (5) term; and
WHEREAS, the Lessee continues to require office and parking space for the Monroe
County Tourist Development Council administrative offices (hereinafter'TDC"); and
WHEREAS, the Lessor is able to continue to provide office and parking space for the
Monroe County Tourist Development Council administrative offices (hereinafter'TDC"); and
WHEREAS, the Monroe County Tourist Development Council recommends that the
agreement be extended for a term of five (5) additional years, and seven (7) months, with an
option to extend for one (1) additional five year period with the rent to be re-negotiated at fair
market rent in effect at that time;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree to hereby amend the agreement entered into on December 9, 1998 and amended
on November 19, 2003 and December 17, 2008 as follows:
1. The following language shall be added to Paragraph 2. Term:
The term of this Addendum to Lease Agreement is five (5) years and (7) months, running
from March 1, 2014 through September 30, 2019 with an option to extend for an
additional five (5) year period with the rent to be re-negotiated at fair market rent in effect
at that time.
TDC Office Lease Amendment To Agreement
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2. Paragraph 4 shall read: Rent:
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For the use of the premises, the Lessee must pay the Lessor the sum of $8,705.60 per
month (March 1, 2014 through to September 30, 2019) due in monthly installments on
the first day of each month. The monthly payments shall be remitted to C.B. Schmitt
Real Estate Co., Inc. 1201 White Street, Suite B, Key West, FL 33040 upon receipt of a
monthly invoice. Monroe County's performance and obligation to pay under this lease
agreement is contingent upon annual appropriation by the Monroe County Board of
County Commissioners. Additionally, Lessee shall pay to Lessor, upon receipt of an
invoice and proof of Lessor's payment of property taxes, 480k of the property taxes for
1201 White Street. Lessor shall submit to Lessee by September 1S' of each year a copy
of the proposed annual property tax assessment, in order for the amount of payment in
the succeeding fiscal year to be established in the budget.
3. The remaining provisions of the contract dated December 9, 1998, and amended
November 19, 2003 and December 17, 2008, not inconsistent herewith shall remain in
full force and effect.
(SEAL)
Attest: Amy Heavilin, Clerk Board of County Commissioners of
Monroe County
By: By.
Deputy Clerk Mayor/Chairman
(CORPORATE SEAL) Lessor, C.B. Schmitt Real Estate Co., Inc.
Attest:
By:
Pr en
7
Third Pa , 3406 North Roosevelt Blvd. Corp
President
MONROE COUNTY ATTORNEY
AP OV D A TZU-
ASSIsTAqTF M:
TDC Office Lease Amendment To Agreement N A L.
COUNTY ATTORNEY
Date__ " I4 —9_0 1,3
2
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' ADDENDUM TO AGREEMENT
THIS ADDENDUM to Lease Agreement is made and entered into this )),"—Oday of
l- . , 2008 by and between C.B. SCHMITT REAL ESTATE CO. Inc. (hereinafter
"Lessor"), a corporation incorporated in the State of Florida, whose address is 1201 White
Street, Suite B, Key West, Florida 33040 and MONROE COUNTY (hereinafter "Lessee"), a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West,
Florida 33040.
WITNESSETH
WHEREAS, there was an Agreement entered into on December 9, 1998, between the
parties, to provide office and parking space for the Monroe County Tourist Development
Council administrative offices(hereinafter"TDC"); and
WHEREAS, the original agreement allows for an option to extend the lease agreement
for two(2)additional five-year(5)terms; and
WHEREAS, there was an Addendum to Agreement entered into on November 19, 2003
to exercise one (1)of the additional five-year(5)terms; and
WHEREAS, the original agreement states that should the second five-year option be
elected, rent will be re-negotiated at fair market rent in effect at that time; and
WHEREAS, the Monroe County Tourist Development Council recommends that the
agreement be extended for a term of five(5)additional years;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree to hereby amend the agreement entered into on December 9, 1998 and amended
on November 19, 2003 as follows:
1. The following language shall be added to Paragraph 2. Term:
The term of this Addendum to Lease Agreement is five (5) years, running from March 1,
2009 through February 29, 2014.
2. Paragraph 4 shall read: Rent:
For the use of the premises, the LESSEE must pay the LESSOR the sum of$8,705.60
per month (March 1, 2009 through to February 29, 2014)due in monthly installments on
the first day of each month. The monthly payments shall be remitted to C.B. Schmitt
Real Estate Co., Inc. 1201 White Street, Suite B, Key West, FL 33040 upon receipt of a
monthly invoice. Monroe County's performance and obligation to pay under this lease
agreement is contingent upon annual appropriation by the Monroe County Board of
County Commissioners. Additionally, LESSEE shall pay to LESSOR, upon receipt of an
invoice and proof of LESSOR's payment of property taxes, 48% of the property taxes for
1201 White Street. LESSOR shall submit to LESSEE by September 1' of each year a
TDC Office Lease Agreement
Effective March 1, 2009-February 29, 2014
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copy of the proposed annual property tax assessment, in order for the amount of
payment in the succeeding fiscal year to be established in the budget.
3%'` ' ng provisions of the contract dated December 9, 1998, and amended
8,2003, not inconsistent herewith shall remain in full force and effect.
+ `= t LHAGE, Clerk Board of County Commissioners of
Monroe unty
� rrr ✓�"� II �r �� �-Y
By. By: 5
D puty Clerk Mayor/Chairman
RATE L) Lessor, C.B. 5WIRilft Real Estate Co., Inc.
ttest:
By
Third Party, 3406 North Roosevelt Blvd. Corp
By: 4 k"�
President
MONROE COL. Y ATTORNEY
A OV AS T F M•�
YN .fi L
ASSIST NT/�Cr. .1N//TY TT RNEY
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TDC Office Lease Agreement
Effective March 1, 2009- February 29, 2014
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ADDENDUM TO AGREEMENT
THI ADDENDUM to Lease Agreement is made and entered into this R"day of
B , 2003 by and between C.B. SCHMITT REAL ESTATE CO. Inc.
(hereinafter"Lessor'), a corporation incorporated in the State of Florida, whose address
is 1201 White Street, Suite B, Key West, Florida 33040 and MONROE COUNTY
(hereinafter "Lessee'), a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, Florida 33040.
WITNESSETH
WHEREAS, there was an Agreement entered into on December 9, 1998,
between the parties, to provide office and parking space for the Monroe County Tourist
Development Council administrative offices (hereinafter"TDC"); and
WHEREAS, the original agreement allows for an option to extend the lease
agreement for two (2)additional five-year(5)terms; and
WHEREAS, the original agreement states that if the option to extend is
exercised, the rent will be adjusted for each of the extended term years in accordance
with the percentage change in the Consumer Price Index (CPI), National Index for
Wage Earners and Clerical Workers, and shall be based upon the annual average CPI
Computation from January 18t through December 31st of the previous year; and
WHEREAS, the Monroe County Tourist Development Council recommends that
the agreement be extended for a term of five (5)additional years;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties agree to hereby amend the agreement entered into on December 9, 1998 as
follows:
1. The following language shall be added to Paragraph 2. Term:
The term of this Addendum to Lease Agreement is five (5)years, running from
March 1, 2004 through February 29, 2009. Lessee shall have the remaining
option to extend this Lease Agreement for one (1)additional five-year(5)term.
2. The following language shall be added to Paragraph 4. Rent: .
The first year's rent under this agreement addendum has been recomputed to
reflect the change in CPI. The Lessee must pay the Lessor the sum of$7,503.60
per month, commencing March 1, 2004, on the first day of the month. Thereafter,
the amount of rent due shall be adjusted each of the extended term years in
accordance with the percentage change in the CPI and shall be based upon the
annual average CPI Computation from January 18t through December 31st of the
previous year.
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< >(` ' maining provisions of the contract dated December 9, 1998, not
t~ tent herewith shall remain in full force and effect.
KOLHAGE, Clerk Board of County Commissioners of
Monroe Co n
h CJ � • �
By: �,,,...�
By: �
Dep Clerk Mayor/Chairman
(CORPORATE SEAL) LessOBScitt Real Estate Co., Inc.
Attest:
Third P rty, 3406 Roosevelt Blvd. Corp
By:
President
MONROE COUNTY ATTORNEY
?PROVED AS TO . : /
C ZANN ON
ASSISTA T OUN ATTORNEY
Date y 3
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• LEASE AGREEMENT
MENT
This Lease Agreement is made and entered into this day of (�'E_�.� 1L(/�c , 1998
by and between C. B. SCHMITT REAL ESTATE CO. Inc. (hereinafter"Lessor"), a corporation incorporated in
the State of Florida, whose address is 1201 White Street, Suite B, Key West, Florida, 33040 and MONROE
COUNTY, a political subdivision of the State of Florida, (Hereinafter"Lessee"), whose address is 5100 College
Road, Stock Island, Key West, Florida 33040.
WHEREAS, the LESSOR has a binding contract to purchase the property situated at 1201 White Street,
Key West;and
WHEREAS, LESSEE needs office and parking space for the Monroe County Tourist Development
Council administrative offices(hereinafter"TDC");
NOW THEREFORE,the parties agree as follows:
1. PROPERTY, The LESSOR, teases exclusively to the LESSEE office space and 3 parking
spaces as shown on site plan - Exhibit 'A' as modified in Exhibit 'B", hereafter "the premises" at 1201 White
Street, Key West, Monroe County, Florida. Exhibit A is attached and made a part of this Lease Agreement.
2. TERM. The term of this Lease Agreement is five(5)years running from March 1, 1999 through
February 29, 2004. LESSEE shall have options to extend this Lease Agreement for two (2) additional fire-year
(5)terms.
3. USE AND CONDITIONS. The premises shalt be used solely for the purposes of the Tourist
Development Council Administration. If the premises are used for any other purpose, the LESSOR shalt have the
option of immediately terminating this Lease Agreement
The LESSEE will further use and occupy said premises in a careful and proper manner for purpose of
office use, and not commit any waste thereon. LESSEE will not cause, or allow to be caused, any nuisance or
objectionable activity of any nature on the premises. Any activities in any way involving hazardous materials or
substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or
regulations or as those terms are understood in common usage,are specifically prohibited. The LESSEE will not
use or occupy said premises for any unlawful purpose and will, at LESSEE's sole cost and expense, conform to
and obey any present or future ordinance and/or rules, regulations, requirements and orders of governmental
authorities or agencies respecting the use and occupation of said premises.
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4. RENT, For the use of the premises, the LESSEE must pay the LESSOR the sum of$5,000.00
per month for the first seven months,and$7,400.00 per month due in monthly installments on the first day of the
month thereafter, for the remainder of the five-year term. The monthly payments shall be remitted to C. B.
Schmitt Real Estate Co., Inc. 1201 White Street, Suite B, Key West, FL 33040 upon receipt of a monthly
invoice. Should the first extension option be exercised, rent shall be adjusted each of the extended term years in
accordance with the percentage change in the Consumer Price Index (CPI), National Index for Wage Earners
and Clerical Workers, and shall be based upon the annual average CPI Computation from January 1st through
December 31st of the previous year. Should the second five-year option be elected, rent will be re-negotiated at
fair market rent in effect at that time. Monroe County's performance and obligation to pay under this Lease
Agreement is contingent upon annual appropriation by the Monroe County Board of County Commissioners.
Additionally, LESSEE shall pay to LESSOR, upon receipt of an invoice and proof of LESSOR's payment of
property taxes, 48% of the property taxes for 1201 White Street. LESSOR shall submit to LESSEE by
September 1st of each year a copy of the proposed annual property tax assessment, in order for the amount of
payment in the succeeding fiscal year to be established in the budget
5. TAXES. The LESSEE is exempt from taxes. If any of the operations of LESSEE are subject to
taxes other than property taxes as outlined in paragraph 4, LESSEE shall be solely responsible therefor.
6. INSURANCE. LESSEE shall, throughout the term of this Lease Agreement, maintain self-
insurance as is deemed necessary by LESSEE to protect County against any claims which may arise as a result
of LESSEE's operations at the premises. The LESSEE must keep in full force and effect the required insurance
during the term of this Lease Agreement. This requirement shall not operate as a waiver of any sovereign
immunity set by State statute. LESSEE agrees that the 3406 North Roosevelt Blvd. Corp., the operator of the
Tourist Development Council Administration Office, shall include LESSOR as a named co-insured on their
general liability insurance policy which shall be in the amount of one half million dollars. By signature on this
document, 3406 North Roosevelt Blvd. Corp. agrees to maintain such insurance and to name LESSOR as a co-
insured.
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7. CONDITION OF PREMISES LESSOR shall build out the 4016 sq. fL office space according
to the plan submitted attached hereto(Exhibit'A'), as modified by Exhibit'B'which moves a hallway and window
but retains the same total square footage, meeting all city code requirements. This build-out plan includes fully
zoned central air conditioning, which has already been installed in the premises but excepts all furniture and
furnishings on plan other than as stated herein. The build-out plan further includes floor coverings(carpeting at
$17.00 per square yard goods only), walls and partitions with sound insulation complete to underside of the
existing roof,solid core doors, electrical lines and outlets,telephone and computer wiring for no less than 25 pair,
2' x 2' acoustical ceiling tiles, lighting, painting the walls, reception desk(carpet front, laminated top),windows
added as indicated on Exhibit'A' and as modified in Exhibit'B', janitors closet with sink, lunch room with sink,
copy room with sink and such other items as are specified in the preliminary plan layout provided by TDC and
which is incorporated herein as Exhibit"A"and Exhibit'B' by reference. The LESSEE must keep the premises in
good order and condition. The LESSEE must promptly repair any interior damage which LESSEE, its agents
and invitees cause to the premises.
At the end of the term of this Lease Agreement,the LESSEE must surrender the premises to the LESSOR in the
same good order and condition as the premises were on the commencement of the term, normal wear and tear
excepted. The LESSEE is solely responsible for any Improvements and appurtenances placed on the premises.
8. IMPROVEMENTS. The LESSEE guarantees the premises shall remain office or
warehousing space as designated by Exhibit'A' as modified in Exhibit'B'. No structure or improvements of any
kind shall be placed upon the premises without prior approval in writing by the LESSOR and acquiring building
permits or other permits required by law. Any such structure or improvements shall be constructed in a good
and workmanlike manner at LESSEE's sole cost and expense and any liens resulting from such work shall be
bonded by LESSEE. Subject to any landlord's lien, any structures or improvements constructed by LESSEE
shall be removed by the LESSEE at LESSEE's sole cost and expense, by midnight on the day of termination of
this Lease Agreement or extension hereof,and the premises restored as nearly as practical to its condition at the
time this Lease Agreement is executed unless the LESSOR accepts in writing delivery of the premises together
with any structures or improvements constructed by LESSEE.
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If the first five-year extension is elected, LESSOR shall repaint and replace carpeting when LESSEE has
occupied the premises a total of 7.5 years from the commencement of this Lease Agreement.
9. HOLD HARMLESS, The LESSEE is liable for and shall defend, release, discharge,
indemnify and hold harmless the LESSOR, and against any and all claims, demands, causes of action, losses,
costs and expenses of whatever type- including investigation and witness costs and expenses and attorneys'
fees and costs-that arise out of or are attributable to the LESSEE's operations on the premises except for those
claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses that are the result
of acts or omissions of the LESSOR, its employees and agents.
10. NON-DISCRIMINATION. The LESSEE for itself, its personal representatives, successors
in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person
on the grounds of race, color, or national origin and City of Key West Human Rights ordinances shall be
excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in, the use of
premises or in the contracting for improvements to the premises.
11. TERMINATION. Termination of this Lease Agreement shall be February 29, 2004. LESSEE
shall have the options to extend this Lease Agreement for two (2) additional five-year (5) periods unless
terminated earlier pursuant to Paragraph 12. In order to exercise the options granted herein, LESSEE must
exercise the options in writing by certified mail at least ninety(90)days prior to the end of the original lease term
or any extensions therefore if a prior option has been exercised.
12. BREACH OF CONTRACT. LESSEE may terminate this Lease Agreement if and when
funding is not appropriated, upon provision of written notice to LESSOR no less than thirty (30)days prior to the
effective date of termination. Either party may terminate this Lease Agreement for a material breach of this
Lease Agreement upon giving to the other party written notice of termination no less than sixty (60) days prior
the effective date of termination. A material breach by the LESSEE shall include, but not be limited to, non-
payment of rent or changing the use of the premises. A material breach by the LESSOR shall include, but not be
limited to, non-payment of taxes, failure to maintain common areas or to keep the roof water-tight, and failure to
maintain the air conditioning system excluding normal cleaning and filter maintenance. Either party may have
thirty(30)days to cur:a non-monetary breach after receiving written notice of such breach.
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13. DEFAULT-WAIVER. The waiver by the LESSEE or the LESSOR of an act or omission that
constitutes a default of an obligation under this Agreement does not waive another default of that or any other
obligation.
14. ASSIGNMENT. LESSEE may not assign or sublet any portion of the premises or this
Agreement or assign or subcontract any of its obligations under this Agreement without the written approval of
the LESSOR. All the obligations of this Agreement will extend to and bind the legal representatives, successors
and assigns of the parties. By signature hereon, the Property Owner(Third Party) as of the commencement of
this Lease Agreement, agrees to honor and abide by the terms of this lease if, for any reason, the contracted
purchase is not consummated.
15. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United
States, the State of Florida, and Monroe County, whether in effect on commencement of this Lease Agreement
or adopted after that date. LESSEE shall have the rights and responsibilities in the Mortgage Subordination and
Non-disturbance Addendum,attached hereto as Exhibit'C'.
16. INCONSISTENCY. Any item, condition or obligation of this Agreement that is in conflict with the
items listed in this paragraph is superseded to the extent of the conflict.
17. GOVERNING LAWSIVENUE, This Agreement is governed by the laws of the State of Florida
and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida.
In the event of any litigation,the prevailing party is entitled to a reasonable attorney's fee and costs.
18. CONSTRUCTION. This Lease Agreement has been carefully reviewed by both parties.
Therefore,this Agreement is not to be construed against any party on the basis of authorship.
19. UTILITIES: LESSEE shall pay all electric, telephone, water, gas, sewer and other utilities
provided or brought to the premises in LESSEE's space including LESSEE's electric for signage.
20. SIGNAGE: LESSOR shall not place any sign upon the exterior of the premises without written
approval of LESSOR which shall not unreasonably be withheld.
21. CONDEMNATION: In the event that any portion of the floor area is taken by condemnation or
conveyed in lieu thereof, then any square footage of the total floor area shall be reduced by the number of
square feet taken and the rental payment reduced by a pro-rated amount. LESSEE may terminate this lease
upon condemnation if more than ten(10)percent of the premises is condemned.
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22. REAL ESTATE COMMISSION: Neither party has employed a Real Estate broker and no
commissions are due from LESSEE to LESSOR.
23. NOTICES. Notices in this Lease Agreement, unless otherwise specified, must be sent by
certified mail to the following:
To COUNTY: To LESSEE
County Attorney C.B.Schmitt Real Estate Company, Inc.
500 Whitehead Street 1201 White Street, Suite B
Key West, FL 33040 Key West, Florida 33040
24. ETHICS CLAUSE: LESSOR warrants that hest has not employed retained or otherwise had act
on hisrts behalf any former COUNTY office or employee in violation of Section 2 or Ordinance No. 10-1990 or
any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of
the provision the COUNTY may,at its discretion terminate this contract without liability and may also,at its
discretion,deduct from the contract or purchase price,or otherwise recover,the full amount of any fee,
commission, percentage,gift,or consideration paid to the former or present COUNTY officer or employee.
25. PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor
list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of
a public building or public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transaction business with any public entity in excess of the threshold amount provided in
Section 287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor lists.
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265. FULL UNDERSTANDING, This Lease Agreement is the parties'final mutual understanding. It
replaces any earlier agreements or understandings,whether written or oral. This Agreement cannot be modified
or replaced except by another written and signed agreement.
IN WI S WHEREOF, each party has caused this Agreement to be executed by its duly authorized
repress
(SEA
BOARD OF COUNTY COMMISSIONERS
ATTE , NN OL AGE,CLERK OF MONROE COUNTY, FLORIDA
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Witness
APPROVED AS TO FORM
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EXHIBIT`C'
All rights and interest of LESSEE hereunder are and shall be and remain subject, subordinate and
inferior to all bona fide mortgages heretofore and hereafter given and encumbering the Demised
Premises, or any part thereof, and shall likewise be subordinate and inferior to all renewals,
modifications, consolidations, replacements and extensions of any such mortgage, and the rights of
the holder of any such mortgage shall at all times be and remain prior and superior to all rights and
interest of LESSEE. The provisions of this paragraph shall operate as a subordination agreement
with respect to all such mortgages and all renewals, modifications, consolidations, replacements and
extensions thereof. If the holder of any such mortgage or any person, firm or corporation agrees to
make a loan secured by a mortgage on the Demised Premises shall require confirmation of any
subordination for which provision is herein made, or separate subordination agreement with respect
to any mortgage transaction, LESSEE shall execute such confirmation or subordination agreement in
the form as required by such mortgage holder or such person, firm or corporation agreeing to make a
loan secured by a mortgage on the Demised Premises, and the execution of same shall not diminish
or affect the liability of the LESSEE hereunder or of any other party responsible for or guaranteeing
the obligations of said LESSEE under this lease agreement.
So long as the LESSEE hereunder shall pay the rent provided for in this Lease Agreement and
comply with, abide by and discharge the terms, conditions, covenants, and obligations on its part, to
be kept and performed hereunder and shall attom to the successor in title notwithstanding the
foregoing, the peaceable possession of the LESSEE in and to the Demised Premises for the term of
this Lease Agreement or any extensions, shall not be disturbed, in the event of the foreclosure of any
mortgage, by the purchaser at such foreclosure sale or such purchaser's successor in title.
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