#07/18/2007 Lease
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 24, 2007
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy Peters
Executive Assistant
pameWG.Han~V
Deputy Clerk .~
ATTN:
At the July 18, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
/Leas'l Agreement between Monroe County and 12th Street, LTD to relocate the County
Attorney's Office to the Key West Professional Building on 12th Street. Enclosed is a duplicate
original for your handling.
First Amendment to Agreement between Monroe County and Greenberg Traurig, P A for
the consulting services of Kenneth Metcalf. The Amendment will continue Mr. Metcalf's
consulting services regarding Hurricane Evacuation as it relates to affordable housing. Enclosed
is a copy for your handling.
At the July 19, 2007, BOCC meeting the Board granted approval and authorized
execution of the First Amendment to Contract between Monroe County and the Division of
Administrative Hearings. Enclosed is a duplicate originalfor your handling.
Should you have any questions please do not hesitate to contact this office.
cc: F inarLce
File ~/
LEASE AGREEMENT
This AgrE!ement is made and entered THIS 1811i day of July, 2007, by 12TH STREET,
LTD. (LESSOR)" a profit corporation incorporated in the State of Florida, whose address is
782 NW Lejeune Rd., Suite 638, Miami, FL 33126, and the BOARD of COUNTY
COMMISSIONERS for MONROE COUNTY, a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, FL 33040, ("COUNTY" or "LESSEE").
WHEREAS, LESSOR owns an office building situated at 1111 12th Street, Suite 408,
Key West, Florida 33040; and
WHEREAS, the County Attomey's office has been located in a County building which
has been deemed by an independent engineering company to be unsafe for continued
occupancy; and
WHEREJI.5, the COUNTY requires office space for the County Attomey's Office; now
therefore
IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION CONTAINED
HEREIN, THE PARTIES AGREE:
1. PROPERTY. LESSOR leases exclusively to the COUNTY the Suite 408 of the e
building knowl' as the Key West Professional Building located at 1111 12th Street, Key
West, FI. 33040, as more particularly shown on exhibit A, hereafter the "premises,"
containing 4,400 square feet. Exhibit A is attached and made a part of this Agreement.
2. 1:ERM. The initial term of this Agreement is four years and twelve days
running from August 20, 2007, through August 31, 2011, unless earlier terminated as
provided in sections 3, of this agreement. Should the premises become available for the
County Attomey's office to be moved in at any date other than August 20, 2007, the rental
amount will bE! adjusted on a pro rata basis to reflect the changed date of availability, and
the natural te1rmlnation date shall remain August 31, 2011. Either party may request an
extension of term no later than June 1, 2011, for a one-year extension, by giving written
notice to the l)ther party. Thereafter one-year extensions may be requested in the same
manner and by mutual agreement of the parties, provided LESSEE is not in default.
3. US~ AND CONDITIONS.
A. The premises shall be used solely for the operation of the County Attorney's
office. If the premises are used for any other purpose, the LESSOR shall have the option of
immediately terminating this Agreement. LESSEE shall not permit any use of the premises
In any manner that would obstruct or Interfere with any of the LESSOR's duties as an
owner and LESSOR to maintain the building.
B. The LESSEE will further use and occupy said premises in a careful and proper
manner, 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,
County Attorney Lease
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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 Siaid premises.
C. LESSEE, its employees and invitees shall have the non-exclusive right to use the
common areas of the building, such as stairways, elevator, corridors, and parking, and will
abide by such reasonable rules as LESSOR may from impose regarding such use. LESSOR
has the right tel close off common areas from time to time for repairs and maintenance and
other reasonable purposes.
4. RENT.
A. For the use of the premises, the LESSEE must pay the LESSOR the sum of
$118,800 per year, due in monthly installments payable in arrears upon receipt of a proper
invoice pursuant to the Florida Prompt Payment Act, Sections 218.70, Florida Statutes, et.
seq. Rent payments should be sent to:
12th Street, LTD.
PO BOX 414586
Miami Beach, F'L 33141-4586
B. On the 1st day of September, 2008, and annually thereafter, there shall be an
adjustment to the base rent which shall be derived by taking the preceding year's rent and
increasing the same by four percent (4%) or the percentage change of the Consumer Price
Index for the preceding twelve (12) months, whichever is higher.
"Index" shall mean the "Consumer Price Index for Urban Wage earners and Clerical
Workers, U.S. City Average, all items (1967=100)" issued by 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 revised, the determination of
the PercentagE! Increases (defined above) shall be made with the use of such conversion
factor, formula, or table for converting the Index as may be published by the Bureau of
Labor Statistics or, if said Bureau shall not publish the same, then with the use of such
conversion factor, formula or table as may be published by Prentice Hall, Inc., or, failing
such publicatiCln, by any other nationally recognized publisher of similar statistical
information. In the event the Index shall cease to be published, then for the purposes of
this lease, there shall be substituted for the Index, such other index as LESSOR shall
determine.
C. For .my partial month within the term hereof said rent shall be payable on a
prorated basis. All rents shall be paid when due and interest for late payments shall be as
set by the Prompt Payment Act.
D. In the event that funds cannot be obtained or cannot be continued at a level
sufficient to pclY the lease price or the County Attorney's Office acquires adequate office
space in a County-owned or State-owned building, this lease may be terminated by the
LESSEE providing to LESSOR at least six months prior written notice of the termination.
Payment under a multiple year agreement is contingent upon annual appropriation by the
Board of County Commissioners.
E. The cost of build-out required in section 8 below shall be included in the rental
amount set forth in 4.A, above.
County Attorney Lease 2
12th Street KW Professionalllldg.
F. Computations of those common areas and operating expenses normally passed
through to tenants have been applied to the premises and included in the annual rent of
$118,800. Should the common area and operating expenses demonstrably increase more
than 4% in any year, County shall not withhold approval of any reasonable amendment to
address economic changes.
5. TAXES. The LESSEE is exempt from all taxes, including any sales or use tax,
levied by any government agency.
6. UTILITIES. The LESSOR shall pay all charges for, water, solid waste, and
sewerage, and the LESSEE shall pay for all electrical services used at the Premises during
the lease term.
7. INSURANCE.
A. LESSOR shall obtain and keep 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 liability insurance insuring LESSOR and
LESSEE 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, for any defects, acts or omissions other
than those caused solely by LESSOR, its officers, employees and agents.
B. LESSEE is self-insured and carries excess liability coverage, and is subject to
limited immunity from claims under Section 768.28, F.S. It shall be the exclusive
obligation of LESSEE to insure any and all contents of the leasehold premises and it is
hereby agreed that the LESSOR shall have no liability for loss or damage to the same from
any cause whatsoever.
The LESSEE must keep in full force and effect the required insurance during the term
of this Agreement. If the insurance policies originally purchased which meet the
requirements of this lease are canceled, terminated or reduced in coverage, then the
LESSEE must immediately substitute complying policies so that no gap in coverage occurs.
Copies of current policy certificates shall be filed with the COUNTY whenever acquired or
amended.
8. CONDITION OF PREMISES. LESSOR and LESSEE agree that LESSOR shall,
upon approval by the County Commission of this agreement, prepare the premises for
occupancy by finishing the premises with the following: additional walls as indicated on
Exhibit A, framing and doors as indicated on Exhibit A, an ADA compliant bathroom, a
kitchen sink and cabinet, painting of walls in colors selected by LESSEE, carpeting in color
selected by LESSEE, mini-blinds on exterior windows, switch and outlet plates, and ceiling
tiles. The LESSEE must keep the premises in good order and condition. The LESSEE must
promptly repair damage to the premises. At the end of the term of this 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, other than those specified herein,
which are placed on the premises. LESSOR shall perform all work required in the
preparation of the property or premises hereby leased for occupancy by LESSEE, said work
being more particularly described in Exhibit A.
LESSEE reserves the right to inspect the leased area and to require whatever
adjustment to structures or improvements as LESSEE reasonably deems necessary and
County Attorney Lease
12th Street KW Professional Bldg.
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which are con:sistent with the descriptions and drawing depicted in Exhibit A. Any
adjustments to the premises, including the requests for colors of wall paint and carpeting,
shall only be made in writing as follows: co-signed by (a) either the County Attorney or
Chief Assistant County Attorney and (b) either the Director of Public Works or the Director
of Facilities Mallntenance. Notwithstanding the foregoing, LESSEE shall not have the right
to request substantive changes to the improvements as described In Exhibit A if such
changes alter the cost of labor or supplies and materials, or would alter the timing of the
build-out.
9. J~PROVEMENTS. No structure or improvements of any kind shall be placed
upon the land without prior approval in writing by the LESSOR, a building permit Issued
by City of Key West and any other agency, federal or state, 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. Subject to any LESSOR'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 Agreement or extensiOn
hereof, and the land restored as nearly as practical to Its condition at the time this
agreement is executed unless the LESSOR accepts in writing delivery of the premises
together with any structures or improvements constructed by LESSEE. Portable or
temporary advertising signs are prohibited.
10. MAINTENANCE. LESSEE, at LESSEE's expense, shall maintain the interior of
the premises, and shall make all necessary repairs therein, including without limitation,
maintenance i~nd repair of interior walls, windows, and doors. LESSEE shall provide
monthly maintenance to the air conditioning units within the premises. LESSEE shall be
responSible fair cleaning the interior of the premises and maintaining all light fixtures in
working order. LESSOR Is responsible to maintain and repair the exterior walls and roof of
the building, ciS weil as the electrical wiring, the plumbing system serving the premises,
and the air conditioning water tower equipment.
11. SIGNS. LESSEE may install a sign no larger than 2 feet by 3 feet may be
placed near one of the doors to the common hallway of the building to denote the County
Attorney's Offiice. LESSOR shall provide a listing in the Building directory for the County
Attorney's Office. LESSEE will not exhibit, inscribe, paint, or affix any sign, advertisement,
notice, or other lettering on any part of the outside of the premises or of the building of
which the leas:ehold premises are a part, or inside the premises if visible from the outside,
without first obtaining approval from the LESSOR and LESSEE further agrees to maintain
such sign, lettering, etc., as may be approved, in good condition and repair at all times.
12. DESTRUCTION OR DAMAGE.
A. IIF the premises are, or any part thereof shall be damaged by fire or other
casualty, LESSEE shall give immediate notice thereof to LESSOR 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 casualty insured under the coverage obtained by the LESSOR, the damages thereto
shall be repaired by LRSSOR, to the extent insurance proceeds are available. LESSOR will
make the repairs and restorations with all reasonable expedition, subject to delays due to
adjustment of insurance claims, labor troubles, and causes beyond LESSOR's control. After
any such casualty, LESSEE will cooperate with LESSOR's restoration by removing from ttle
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County Attorlle)" lealie
12'" Street KW IProfessional Bldg.
4
premises as prclmptly as possible, all of LESSEE's salvageable inventory and moveable
equipment, furniture and other property.
C. (1) Total Destruction. If the premises are rendered wholly unusable, the
Lease shall terminate immediately upon the date of such disaster, and no rent shall be due
after such date.
(2) Partial Destruction. If the premises be so damaged that the LESSOR shall
decide to demolish it or rebuild it, then, in such events, LESSOR or LESSEE may elect to
terminate this lease by written notice to the other given within such casualty, specifying a
date for the expiration of the lease, which will not be more than 60 days after giving such
notice, and upCln the date specified in such notice the term of the lease will expire fully and
completely as if such date were the date set forth above for the termination of this lease.
In such event, LESSEE will forthwith quit, surrender and vacate the premises without
prejudice howe,ver to LESSOR's rights and remedies against LESSEE under the lease
provisions in effect prior to such termination, and any rent owing will be paid up to such
date.
D. Nothing contained hereinabove will relieve LESSEE from any liability that may
exist as a resullt of damage from fire or other casualty. LESSEE acknowledges that LESSOR
will not carry insurance on LESSEE's inventory and/or furnishings or any fixtures or
equipment, improvements, or appurtenances removable by the LESSEE, and agrees the
LESSOR will nClt be obliged to repair any damage thereto or replace the same. Except as
expressly provided herein to the contrary, this lease shali not terminate nor shall there be
any abatement of rent as a result of a fire or other casualty which is the fault of, or caused
by the LESSEE. LESSEE shall be responsible to insure the improvements and repairs which
LESSEE provides to the premises.
13. EVENTS OF DEFAULT. The occurrence of any of the following shall constitute
an event of default hereunder:
A. Discontinuance by LESSEE 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 LESSEE 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
LESSEE for th.~ benefit of creditors; or the taking possession of the property of LESSEE by
any governmental officer, court appointed receiver or agency pursuant to statutory
authority for the dissolution or liquidation of LESSEE.
C. Failure of LESSEE to pay when due any installment of rent hereunder or any
other sum herein required to be paid by LESSEE.
D. Abandonment or desertion of the premises or permitting the same to be
empty and unoccupied, for any consecutive period of thirty days or longer.
E. L.ESSEE's failure to perform any non-monetary covenant or condition of this
lease within tE!I1 (10) days after written notice and demand.
F.
LESSOR'S failure to comply with any of the terms herein.
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County Attorne'l' Lease 5
12th Street KW IProfessionol Bldg.
14. RIGHTS OF LESSOR UPON DEFAULT BY LESSEE.
If the LESSEE is in default as defined in subparagraphs A to D inclusive of Paragraph
13 and if the same is not cured by the LESSEE within five (5) days after written notice to
the LESSEE or if the LESSEE is in default pursuant to the provisions of sub-paragraph E of
Section 13, the LESSOR, in addition to all rights and remedies granted under the laws of
the State of Florida shall have any or all of the following rights:
A. 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 elsewhere at the cost of and
for the account of LESSEE, all without service of notice or resort to legal process and
without being cleemed guilty of trespass, or becoming liable for loss or damage which may
be occasioned thereby; and/or
B. Tel terminate the lease and re-Iet the premises for account of the LESSOR or
within the sole discretion of LESSOR the premises may be re-Iet for the account of the
LESSEE.
C. In the event of LESSOR's termination of this lease for LESSEE's breach
hereunder, in C1ddition to any other remedy otherwise available at law or equity, LESSOR
may recover from LESSEE all damages incurred by reason of such breach, including the
cost of recovering the premises.
15. RIGHTS OF LESSEE UPON DEFAULT BY LESSOR. In the event of
LESSOR's breach of its obligations and duties under this agreement, LESSEE shall give the
LESSOR notice: in writing of said breach and allow LESSOR thirty (30) working days to
remedy such clefect. In the event that such defect is not cured within the requisite time,
LESSEE may tl~rminate this lease upon giving thirty days written notice to the LESSOR. In
addition to any other remedy otherwise available at law or equity, LESSOR may recover
from LESSEE <III damages incurred by reason of such breach, including the cost of
relocating to new premises.
16. ATTORNEY'S FEES AND COSTS. Each party shall be solely responsible for
the costs of its own attorney's fees incurred in connection with the preparation and review
of this lease fClr execution. 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 interpret 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 which shall be fixed by the court and shall be made
a part of any Judgment or decree rendered.
17. INDEMNIFICATION. HOLD HARMLESS. Subject to Section 768.28, Florida
Statutes, LESSEE shall indemnify and hold harmless LESSOR against and from any and all
claims arising from LESSEE's use of the premises for the conduct of Its business or from
any activity, work, or other thing done, permitted or suffered by the LESSEE in or about the
building, and shall further indemnify and hold harmless LESSOR against and from any and
all claims arising from any breach or default in the performance of any obligation on
LESSEE's part to be performed under the terms of this lease, or arising from any act or
negligence of the LESSEE, or any officer, agent, employee, guest, or invitee of LESSEE, and
from all and 21gainst all costs, attorney's fees, expenses and liabilities incurred in or about
any such claim or any action or proceeding brought thereon. LESSEE, as a material rt ofl
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County A ttorneJI Lease
12th Street KW Professional Bldg.
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the consideration to LESSOR, hereby assumes all risk of damage to property or injury to
persons, in, upon or about the premises, from any cause other than LESSOR's negligence,
and LESSEE hereby waives all claims in respect thereof against LESSOR.
18. WAIVER. The failure of either the LESSOR or LESSEE to insist in anyone or
more instances upon the strict performance of anyone or more of the obligations of this
lease, or to eXEircise any right or election herein contained, shall not be construed as a
waiver 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.
19. UENS. LESSEE further agrees that LESSEE will pay all of LESSEE's
contractors, subcontractors, mechanics, laborers, materialmen and all others, and will
indemnify LESSOR against all legal costs and charges, bond premiums for release of liens,
and counsel fees reasonably incurred in the commencement or defense of any suit by the
LESSOR to disc:harge any liens, judgments, or encumbrances against the premises caused
or suffered by LESSEE. It is understood and agreed between the parties hereto that the
costs and chaF1~es above referred to shall be considered as additional rent due under this
lease, payable upon demand.
The LESSEE herein shall not have any authority to create any liens for labor or
material on thE! LESSOR's interest In the above-described property, and all persons
contracting with the LESSEE for the doing of work or the furnishing of any materials on or
to the premises, and all materialmen, contractors, mechanics and laborers, are hereby
charged with notice that they must look to the LESSEE only to secure the payment of any
bill for work done or materials furnished during the term of this lease.
20. ~fFECT OF LESSEE'S HOLDING OVER. Any holding over after the expiration
Of the term of this lease, with the consent of LESSOR, shall be construed to be a tenancy
from month to month, at the same monthly rent as required for the period immediately
prior to the expiration of the lease.
21. PEA~EFUL POSSESSION. So long as LESSEE pays all of the rent and
charges due alnd performs all of LESSEE's other obligations hereunder, LESSEE shall
peaceably and quietly have, hold, and enjoy the premises throughout the term of this
lease, without interference or hindrance by LESSOR.
22. TRANSFER BY LESSOR. In the event of termination of LESSOR's ownership
of the premises by operation of law or by bona fide sale of the premises or for any other
reason, then LESSOR shall be released from all liability and responsibility hereunder. In
such event, U:SSOR's successor, by acceptance of rent from LESSEE, shall become liable
and responsible to LESSEE In respect to all such obligations of LESSOR under this lease.
This lease may be assigned by the LESSOR In which case, LESSEE, upon request by
LESSOR, shall issue a letter stating that the lease is In full force and effect and that there
are no setoffs" claims, or other defenses to rent.
23. &C9IGNMENT OR SUBLET BY LESSEE. LESSEE may not assign this Lease in
whole or in part, nor sublet any portion of the premises, without LESSOR's prior written
consent, which consent may be arbitrarily withheld.
County Attorney' Lease 7
12th Street KW Professional Bldg.
A. The LESSEE and signatory to this lease, and any subsequent assignees or
subleasees, shalll remain liable to LESSOR 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 LESSOR expressly releases said
LESSEE, assignee or sublesee from liability under this lease, and such liability shall not be
in any way affected or reduced by any modification of the lease between LESSOR and the
occupant assignee, even if such modification is made without the prior LESSEEs' consent.
B. LESSOR'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 LESSOR to deny such
consent pursuant to the provisions hereof. Furthermore, LESSEE understands and agrees
that, should LESSOR approve any assignment or sublease, LESSOR shall have the right to
be reimbursed for legally-related expenses in connection
with the review, preparation, and processing of any documents associated with said
assignment/sublease.
24. SUBORDINATION. NON-DISTURBANCE AND ATTORNMENT.
A. S\Jbordination bv LESSEE. LESSEE hereby subordinates its rights hereunder to
the lien of any mortgage or mortgages, or the lien resulting from any other method of
financing or refinancing, now or hereafter in force against the premises, and to all advances
made or herea'fter to be made upon the security thereof. This shall be self-operative and
no further instrument of subordination shall be required by any mortgagee. However,
LESSEE, upon request of any party in interest, shall execute promptly such instrument or
certificates and irrevocably appoints LESSOR as Attorney-in-Fact for LESSEE, with full
power and authority to execute and deliver, in the name of LESSEE, any such instrument or
certificates.
B. ~stoooel Certificate. Within ten (10) days after request by LESSOR, or in the
event that, in connection with any sale, aSSignment or hypothecation of the premises by
LESSOR, an es;toppei certificate shall be required from LESSEE, LESSEE agrees to deliver,
in recordable f1orm, an estoppel certificate to any proposed mortgagee, purchaser, or to
LESSOR, certifying (if such be the case) that this lease is in full force and effect and that
there are no defenses or offsets thereon, or stating those claimed by LESSEE, as long as
those are factual statements when made.
C. Attornment. In the event of a sale or assignment of LESSOR's interest in the
premises, or If the premises comes into the hands of a mortgagee, or any other person,
whether because of a mortgage foreclosure, exercise of a power of sale, or other reason,
LESSEE shall recognize said mortgagee or other person as the same as LESSOR hereunder.
LESSEE shall Elxecute, at LESSOR's request, any attornment agreement required by any
mortgagee, or other such person containing such provisions as such mortgagee or other
person requirEis.
25. NOTICES. Notices In this Agreement, unless otherwise specified, must be
sent by certifiEld mail to the following:
LESSOR: COUNTY/LESSEE:
12th Street, Lied. County Attorney
782 NW Lejeune Rd. PO Box 1026
Suite 638 Key West, FL 33041-1026
County Attorney I.eose 8
12th Street KW ProfeSSional Bldg.
Miami, FI 33126
And
County Administrator
1100 Simonton Street
Key West, FL 33040
26. 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 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.
27. GQ,VERNING LAWS/VENUE/WAIVER OF JURY TRIAL. This Agreement is
governed by the laws of the State of Florida and the United States. Venue for any dispute
arising under tlhis 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. LESSOR
and LESSEE hereby knowingly, voluntarily and intentionally waive the right to a trial by jury
in respect to allY litigation based hereon, or arising out of, under or In connection with this
lease, this waiver being a material inducement for LESSEE to enter Into the lease
28. JNCONSISTENCY. 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.
29. CO,.STRUCTlON. This Agreement has been carefully reviewed by the LESSOR
and the LESSEE. Therefore, this Agreement is not to be construed against any party on the
basis of authorship.
30. fULL UNDERSTANDING. This 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 WITNESS WHEREOF, each party has cause s ment to be executed by its
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A'11~,~,., Y L. KOLHAGE, CLERK
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puty Cieri<
County Attorney Lease
12th strut KW Professional Bldg.
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
By ~JO;-~
Mayor/Chairman
Date
EXHIBIT A
The attached drawing depicts the general nature of the build-out, which shall
Include all wOlrk necessary to provide an office suite ready to move in, and
specifically indudes:
finishing dool"'ways with wood frames, installing doors to offices (County to supply
locking handles), Installing drywall to create the additional 3 office spaces and
bathrooms denoted on the attached drawing, completing air-conditioning ductwork,
running channels for the County to Install computer and phone connection lines,
installation of standard lighting, two bathrooms of which at least one shall be ADA
compliant, a kitchen floor cabinet with sink, plumbing as necessary for the
bathrooms and kitchen sink, installation of carpeting, and painting of walls.
County shall be responsible for its technology lines and bookcases.
County Attorney Lease
12th Street KW Professional Bldg.
10
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