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02/21/2001 Leaseb C0 ry Oo �� aJJ� CurQ`� • U: ,N y M ? ; 0 •'OE COUNT • F� BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL (305) 289 -6027 FAX (305) 289 -1745 MEMORANDUM xuannp L. or�jage CLERK OF THE CIRCUIT COURT BRANCH OFFICE MONROE COUNTY 88820 OVERSEAS HIGHWAY 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 KEY WEST, FLORIDA 33040 TEL. (305) 852 -7145 TEL. (305) 292 -3550 FAX (305) 852 -7146 FAX (305) 295 -3660 DATE: March 9, 2001 TO: Theresa Westerfield, Administrator Court Judicial Services a FROM: Pamela G. Hancoc Deputy Clerk At the February 21, 2001, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Lease Agreement between Monroe County and Roger Young d/b /a OPMI, Inc., for approximately 1918 square feet of office space for Family Court Programs' staff, Drug Court Program staff, and Information Systems staff, starting March 1, 2001. Enclosed please find a duplicate original of the above for your handling. Should you have any questions please feel free to contact our office. Cc: County Administrator w/o document Public Works w/o document County Attorney Finance File / LEASE AGREEMENT TCF RECORD 01 MAR -9 AM 9" 45 State of Florida "` L ' A p , l - , . Y , � r�.�;. County of Monroe CLK. CIF- ` MONROE COUNTY F ,t This Lease Agreement entered into this ZI day of , 20 ° I , by and between ROGER YOUNG d/b /a OPMI, INC.. party of the first part hereinafter cal d the lessor and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, party of the second part hereinafter called the lessee. WITNESSETH: That the lessor for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by the lessee has demised and leased to the lessee for the term and under the conditions hereinafter set out those certain premises in Islamorada, County of Monroe. Florida described as follows: LEASE LOCATION # 130 Porto Salvo. Islamorada. Florida which shall constit an aggregate area of 1918 +/- square feet and as further identified in Exhibit A (hereinafter, "premises "). II. RENTALS The lessor hereby leases to the lessee 1918 +/- square feet and the lessee hereby leases from the lessor the above described premises for the term set out in this lease. Lessee hereby agrees to pay the lessor the sum of twenty -eight thousand seven hundred seventy dollars and no cents ($28,770.00) armually, two thousand three hundred ninety -seven dollars and fifty cents ($2.397.50) per month. The lease amount agreed to herein will be increased annually by 3% over the prior years rental amount. Rent shall be due and payable on or before the last day of each month, in arrears. The rental shall be paid to the lessor and mailed to Roger Young, OPMI, Inc., P.O. Box 774, Tavernier, Florida 33070, prior to the last day of the month. III. TERM To have and to hold the above described premises for a term of three (3) years commencing on March 1, 2001 upto and including February 29, 2004. IV. RENEWAL This agreement may be renewed at the option of the Icssee for two (2) additional one (1) year period. This option shall be executed only upon approval of the Board of County Commissioners. V. AIR CONDITIONING AND JANITORIAL SERVICES The lessor agrees to furnish to the lessee air conditioning equipment to be used during normal business hours, and shall ensure that same is operational and fimctional during the time of this lease. Lessor shall be fully responsible for all maintenance, repairs and replacement for the a/c system including all mechanical components and shall fiirnish Lessee a yearly supply of replacement filters. The lessee shall provide janitorial services and all necessary _ janitorial supplies for the leased premises during the term of the lease at the expense of the lessee. V1. MAINTENANCE AND REPAIRS The lessee shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting. the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The lessee shall during the term of the lease keep the interior of the dcmised premises in as good a state of repair as it is at the time of the commencement of this lease reasonable wear and tear and unavoidable casualties excepted. The lessor shall maintain and keep in repair the exterior of the dcmiscd premises during the term of this Lease and shall be responsible for the replacement of damages in the dcmiscd premises, except such breakage of damage caused to the exterior of the dcmised premises by the lessee, its officers, agents or employees. The lessor steal I be responsible for maintaining the roof in leak free condition. 4. The lessor shall maintain the exterior of the dcmised premises so as to conform to all applicable health and safety laws, ordinances and codes which are presently in effect and which may subsequently be enacted during the term of this lease and any renewal periods. The lessor shall provide appropriate entranceways to the structure to accommodate space allocation for government entities occupying the space, inclusive of ingress and egress, at the expense of the lessor. The lessor shall ful1v maintain all exterior grounds and designated parking area to include mowing raking, tree trimming, debris removal & power vacuuming. VIl UTILITIES The lessee shall be fully responsible to pay telephone, electricity and water utility charges which may become payable during the term of the lease for telephone, electricity and water used by the lessee on the premises as independently metered. If the Lessee desires cable television service, the lessee agrees to arrange for and provide the service at the lessees own expense. The lessor agrees to be fully responsible to provide and pay all other utilities including solid waste. Vill CONDUCT OF BUSINESS The lessee covenants that the leased premises will not be used for any purpose that will cause any person or persons to congregate in the halls of the building of which the leased premises are a part, or which would cause noise to emanate from the leased premises which does or might reasonably disturb any adjoining tenants or persons using the halls of the said building, and the lessee further covenants that lessee will conduct its business within the leased premises in a quiet, proper and orderly manner, and that any failure on the part of the lessee to so use the premises in the conduct of its business shall be considered as a violation of a material covenant of this lease. IX RULES AND REGULATIONS The lessee shall abide by all existing and established Rules and Regulations as set forth under this Lease Agreement. X ALTERATIONS The lessee shall have the right to make any alterations to the demised premises during the term of the lease upon first having obtained the written consent of the lessor. The lessor shall not capriciously withhold the consent to anv such alterations. XI INJURY OR DAMAGE TO PROPERTY ON PREMISES All property of any kind that may be on the premises during the continuance of this lease shall be at the sole risk of the lessee and except for any negligence of the lessor. the lessor shall not be liable to the lessee or any other person for anv injury, loss or damage to property or to any person on the premises. XII FIRE AND OTHER HAZARDS In the event that the demised premises or the major part thereof are destroyed by fire, lightening, storm or other casualty, the lessor at its option may forthwith repair the damage to such demised premises at its own cost and expense. The rental thereon shall cease until the completion of such repairs and the lessor will immediately refund the pro rata part of any rentals paid in advance by the lessee prior to such destruction. Should the premises be only partly destroyed so that the major part thereof is usable by the lessee. then the rental shall abate to the extent that the injured or damaged part bears to the whole of such premises and such injury or damage shall be restored by the lessor as speedily as is practicable and upon the completion of such repairs, the full rental shall then continue the balance of the term. 2. The lessor shall provide for fire protection during the term of this lease in accordance with the fire safety standards of the State and/or Monroe Countv Fire Marshal. The lessor shall be responsible for maintenance and repair of all fire protection equipment necessary to conform to the requirements of the State and/or Monroe County Fire Marshal. The lessor agrees that the demiscd premises shall be available for inspection by the State and/or County Fire Marshal, prior to occupancy by the lessee. and at any reasonable time thereafter. Xlll EXPIRATION OF TERM At the expiration of the term, the lessee will peaceably yield up to the lessor the demiscd premises in good and tenantable repair. It is understood and agreed between the parties that the lessee shall have the right to remove from the premises all personal property of the lessee and all fixtures, machinery, equipment. appurtenances and appliances placed or installed on the premises by it, provided the lessee restores the premises to as good a state of repair as they were prior to the removal. XIV SUBLETTING AND ASSIGNMENT The lessee upon the obtaining of the written consent of the lessor. which consent shall not capriciously be withheld, shall have the right to sublet all or any part of the demised premises, or to assign all or any part of the demised premises. XV NOT CONSENT TO SUE The provisions, terms, or conditions of this lease shall not be construed as a consent of Monroe County to be sued because of said leasehold. XVI WAIVER OF DEFAULTS The waiver by the lessor of any breach of this lease by the lessee shall not be construed as a waiver of any subsequent breach of any duty or covenant imposed by this ]case. XVII RIGHT OF LESSOR TO INSPECT The lessor at all reasonable times during regular business hours may enter into and upon the demised premises for the purpose of vicNN ing the same, to read water and electric meter, and for the purpose of making any such repairs as they are required to make under the terms of this lease. Repairs shall be limited to non - business hours unless an emergency situation exists. XVIII BREACH OF COVENANT If the lessee shall neglect or fail to perform or observe any covenant herein contained, which on the lessee's part is to be performed and such default shall continue for a period of thirty days after receipt of written notice thereof from the lessor to the lessee then the lessor lawfully may, immediately or any time thereafter, and without further notice or demand enter into and upon the demised premises or any part thereof and repossess the same as of their former estate and expel the lessee and remove its effects forcefully if necessary. without being taken or deemed to be guilty of any manner of trespass and thereupon the demise shall terminate but without prejudice to any remedy which might otherwise be used by the lessor for arrears of rent or for anv breach of the lessee's covenants herein contained. XIX ACKNOWLEDGEMENT OR ASSIGNMENT The lessee upon the request of the lessor shall execute such acknowledgement or acknowledgments or any assignment or assignments of rentals and profits made by the lessor to any third person, firm or corporation, provided that the lessor will not make such request unless required to do so by the Mortgage under a mortgage or mortgages. executed by the lessor. XX AVAILABILITY OF FUNDS The obligations of the lessee under this lease agreement are subject to the availability of fiords lawfully appropriated annually for its purposes by the Monroe County Board of County Commissioners. XXI USE OF PREMISES The lessee will not make or suffer an_y unlawful, improper or offensive use of the premises or any use of occupancy thereof contrary to the Laws of the State of Florida or to such Ordinances of Monroe County now in effect or hereafter adopted, as may be applicable to the lessee. XXII INSURANCE The lessee shall procure and maintain at its expense and throughout the term of this lease the insurance or self - ensure for all claims that the lessee can be held liable for under Section 768.28, Florida Statutes, and up to the maximum amount set forth in that statute. Notwithstanding anything to the contrary in this lease. Lessee waives all rights to recovery, claims or causes of action against the lessor and its, attorney -in -fact. agents. trustees, executors and personal representatives on account of any loss of damage which may occur to the premises, the building, the property or any improvements thereto or to any personal property of lessee to the extent such loss or damage is caused by a peril which is required to be insured against by lessee under this lease, regardless of the cause or origin (including negligence of lessor). Lessee covenants to the lessor that to the fullest extent permitted by law, no insurer of lessee shall hold any right of subrogation against lessor. Lessee covenants to lessor that all policies of insurance maintained by lessee respecting property damage shall permit such waiver of subrogation. and lessee agrees to advise all of its insurers of the waiver and provide lessor with written evidence of such \vaiver. XX111 NOTICES All notices required to be served upon the lessor shall be served by certified mail, return receipt requested to Roger Young, OPMI, Inc., P.O. Box 774, Tavernier, Florida, 33070 and all notices required to be served upon the lessee shall be served by certified mail, return receipt requested to the Division of Public Works, Facilities Maintenance Department, 3583 S. Roosevelt Boulevard, Key West, FL 33040. XXIV RADON GAS NOTIFICATION Radon is a naturally occurring gas that when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings. Additional information regarding radon and radon testing may be obtained from your County Public Health Unit. XXV LEASE TERMINATION This lease may be terminated by the lessee upon written ninety (90) days notice to the lessor that the lessee has obtained adequate office space in a governmental building, but in no case shall lessee terminate the lease prior to March 1, 2003, even if adequate office space in a governmental building becomes available before that date. XXVI ETHICS CLAUSE Lessor warrants that it has not employed retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 0 10- 1990 or any County officer or employee in violation of Section 3 of ordinance No. 010 -1990. For breach or violation of this provision the lessee may, in its discretion, deduct from the contract or purchase price or other wise recover the full amount of anv fee. commission, percentage, gift or consideration paid to the former County officer or employee. XXVII AMERICAN WITH DISABILITIES ACT The lessor herein expressly agrees to maintain the subject premises in full compliance with the American Disabilities Act (ADA). Further, the lessor shall be liable for any cost on expenditure associated with said compliance. XXVIII PUBLIC: ENTITY CRIME 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 with a public entity for 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 transact business with any public entity in excess of the threshold amount provided in Section 287.017 F.S. for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.(Category Two $10.000.00). XXIX DEFINITION OF TERMS The terms "lease" "lease agreement" or "agreement" shall be inclusive of each other and shall also include anv renewals, extensions or modifications of this lease. 2. The term "lessor" and "lessee" shall include the successors and assigns for the parties hereto. The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits. XXX ADDITIONAL CONDITIONS No additional covenants or conditions form a part of this lease IN WITNESS WHEREOF the parties hereto have hereunto executed this instrument for the purpose herein expressed the day and year above written. ORIGINAL SIGNATURES REQUIRED ON ALL COPIES Signed, Sealed and Delivered in the esenee of; Witness L KOLHAGE, CLERK BOAV OF COUNTY COMMISSIONERS ZMOTOE COUNTY, FLORIDA t "e - c PRO ED AS TO FORNP' GAL SUFFICI Y• ZANN ON 2 v� 7 03/08/2001 17:10 3052953672 +' I i I 0`� . 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