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
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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
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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.
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CERTIFlRlJ TO;
DOUG BELL AND RUDY KRAUSE
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MAILING ADDRESS: P.O.
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953 FLAGSHIP DRIVE
SUNNERLAND KEY. FLORIDA 33042
BOX 420283 tEL. NO. (305) 745-2473
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JAMES/U. CAse PSM NO. 2198
tlOT VKLID liITUOUT SIGtl^TU~E AND ORIGIlHL
RAISED SEAL OF THE FI.A. LIGENSED sURverOR & ~^ffER
rUIS SURVEY IS HOT ASSIO~AntE.
TillS SURVgy !W3JEC'[' TO A 'l'ITU SI,ARCll.
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SURVEYOR AND MAPPER
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