Unit 201, 03/01/2008 to 02/28/2009
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
February 27, 2008
TO:
Dent Pierce, Director
Public Works Division
ATTN:
FROM:
Beth Leto, Assistant Director
Public Works Division
Pamela G. Hanc~
At the February 20, 2008, Board of County Commiss,ioners Meeting the Board granted
approval and! authorized execution of a Business Lease between Monroe County and Independent
Mortgage and Finance Company, Inc., for office space at 600 Whitehead Street, Unit 201, Key
West, for the 16th Judicial Circuit's Mediation Program.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File./'
BUSINESS LEASE
This Agreement, entered into this 4th day of January, 2008, between
INDEPENDENT MORTGAGE AND FINANCE COMPANY, INC., a Florida corporation
(hereinafter Owner or Lessor), party of the first part; and MONROE COUNTY, a political
subdivision of the State of Florida (hereinafter Tenant or Lessee), party of the second
part.
WITNESSETH
PART ONE
That the Lessor does lease unto Lessee professional office space upon the following
conditions:
1. The leased space, known as Unit 201, is identified in the attached Exhibit A, and is
leased for the exclusive benefit of the 16th Judicial' Circuit and the
Monroe Board of County Commissioners.
2 . Owner discloses that all units, including Unit 201, of the property commonly known
as 600 Whitehead Street are being converted into a condominium to be called
JACKSON SQUARE COURTHOUSE CONDOMINIUM. A full legal description of
the property is found in attached Exhibit B.
3. The term is for twelve months, beginning on the 1st of March, AD 2008
("The Effective Date") and ending on February 28, 2009.
4. The total rent is eleven thousand, three hundred fGrty dollars ($11,340), payable in
12 equal monthly installments of $945. the first payment being due, on the last day
of March 2008 and on the last day of each succeeding month with the last monthly
payment due on last day of February 2009.
5. All payments shall be made promptly in accord witl!! the Florida Local Government
Prompt Payment Act (F.S. 218.70).
6. Utilities to be furnished by the Lessor as Lessor's cost during normal office hours
are electricity for ordinary office use and air-conditioning, water for restroom use,
and sewer. In addition, Lessor shall pay for cleaning of common areas (restrooms,
hallways, elevator, and stairs). Normal office hours are Monday through Friday
(excepting holidays observed by Monroe County) from 8:30 A.M. to 5:00 P.M.
7. Lessee shall be responsible for cleaning its own office area and for disposal of the
solid waste it produces.
8. Use of the premises is restricted to office space for Monroe County.
9. Lessor waives demand for a security deposit from Lessee.
PART TWO
The following express stipulations and conditions are made a part of this lease and are
hereby assented to by the lessee:
FIRST: The lessee shall not assign this lease, nor sub-let the premises, or
any part thereof nor use the same, or any part thereof, nor permit the same, or any part
thereof, to be used for any other purpose than as above stipulated, nor make any
alterations therein, and all additions thereto, without the written consent of the lessor.
Lessor agrees that the right to sublet will not be unreasllmably withheld; however, lessor
reserves the right to approve a transfer of the lease and this approval will require a
verification of the sub-lessee's credit. All additions, fixtures or improvements which may
be made by lessee, shall become the property of the lessor and remain upon the
premises as a part thereof, and be surrendered with the premises at the termination of
this lease.
SECOND: All personal property placed or moved in the premises above
described shall be at the risk of the lessee or owner thereof, and lessor shall not be liable
for any damage to said personal property, or to the lessee arising from the bursting or
leaking of water pipes, or from any act of negligence of any co-tenant or occupants of the
building or of any other person whomsoever.
THIRD: That the tenant shall promptly execute and comply with all statutes,
ordinances, rules, orders, regulations and requirements of the Federal, State and City
Government and of any and all their Departments and Bureaus applicable to said
premises, for the correction, prevention, and abatement df nuisances or other grievances,
in, upon, or connected with said premises during said! term; and shall also promptly
comply with and execute all rules, orders and regulations of the applicable fire prevention
codes for the prevention of fires..
FOURTH: In the event the premises shall be destroyed or so damaged by fire
2
or other casualty during the life of this agreement, whereby the same shall be rendered
untenantable, then the lessor shall have the right to render said premises tenantable by
repairs within ninety days therefrom. If the damage was caused by this Lessee, whether
through negligence or its act, then rent shall not be abated and Lessee shall be liable for
the damages. If the damage or destruction was not caused by this Lessee, whether
through negligence or his act, then the rent shall be abated during the period of repair. If
said premises are not rendered tenantable within said time, it shall be optional with either
party hereto to cancel this lease, and in the event of such cancellation the rent shall be
paid only to the date of such fire or casualty. The cancellation herein mentioned shall be
evidenced in writing.
FIFTH: The prompt payment of the rent for said premises upon the dates
named, and the faithful observance of this Lease are the conditions upon which the
Lease is made and accepted and, failure on the part of the Lessee to comply with the
terms of said Lease shall, at Lessor's option, work a forfeiture of this contract and of all of
lessee's rights hereunder.
SIXTH: If the lessee shall abandon or vacate said premises before the end
of the term of this lease, or shall suffer the rent to be in arrears, the lessor may, at his
option, forthwith cancel this lease or he may enter said premises as the agent of the
lessee, without being liable in any way therefor, and relet the premises with or without any
furniture and equipment that may be therein, as the agent of the lessee, at such price and
upon such terms and for such duration of time as the lellsor may determine, and receive
the rent therefor, applying the same to the payment of the rent due by these presents,
and if the full rental herein provided shall not be realizad by lessor over and above the
expenses to lessor in such re-Ietting, the said lessee shall pay any deficiency, and if more
than the full rental is realized lessor will pay over to said lessee the excess on demand.
SEVENTH: Lessee agrees to pay the cost of collection and ten percent
attorney's fee on any part of said rental that may be collected by suit or by attorney, after
the same is past due.
EIGHTH: The lessor, or any of his agents, upon twenty-four (24) hours notice,
shall have the right to enter said premises during all reasonable hours, to examine the
same to make such repairs, additions or alterations as may be deemed necessary for the
safety, comfort, or preservation thereof, or of said building, or to exhibit said premises,
and to put or keep upon the doors or windows thereof a notice "FOR RENT" at any time
within thirty (30) days before the expiration of this lease. The right of entry shall likewise
exist for the purpose of removing placards, signs, fixtures, alterations, or additions, which
do not conform to this agreement or to the rules and regulations of the building.
NINTH: Lessee hereby accepts the premises in the condition that they are in
at the beginning of this lease and agrees to maintain said premises in the same condition,
order and repair as they are at the commencement of said term, excepting only
reasonable wear and tear arising from the use thereof under this agreement, and to make
good to said lessor immediately upon demand, any damage to water apparatus, or
electric lights or any fixture, appliances or appurtenanGes of said premises, or of the
building, caused by any act or neglect of lessee, or of any person or persons in the
3
employ or under the control ofthe lessee.
TENTH: It is expreuly agreed and understood by ~nd between the parties to this
agreement, that the landlord shaH not be liable for any dlllmage or injury by water, which
may be sustained by the said tenant or other parson or for any other damage or injury
resulting from the carelesenes8, negligence, or inproper conduct on the part of any other
teNlnt or agents, or employees, or by reason of the brulltage, leakage, or ob8truction of
the water, aewer or soli pipes, or other Iealtage in or about the said building. However,
Lessor holds Leelel harmless for any damage to the premises by reason of blockage of
sewer or public water.
ELEVENTH: This contract shall bind the lessor and its assigns or successors,
and the heirs, 888Igna, personal representatives, or succe.sors as the case may be, of
the lessee.
lWELFTH: It is understood and agreed ~ the parties hel8to that time is
of the essence of this contrlIct and this applles to all terms and conditions contained
herein.
THIRTEENTH: Any notice required or permitted ulllder this agreement shall be in
writing and hand delivered or mailed, postage prepaid, to the other party by certified maD,
retumed reoeipt requested, to the following:
FOR COUNTY:
ContrlIct Monitor, Facllltiea Maintenance
3583 South Rooeevelt Blvd.
Key West, FL 33040
FOR LESSOR:
Independent Mortg8g8 & Anance
800 WhItehead street, Suite 203
Key West, FL 33040
FOURTEENTH: The rights of the lessor under the foregoing shall be cumulative,
and faHure on the part of the lessor to exercise promptly any rights glWn hereunder shall
not operate to forfeit any of the said rights.
FlFTEEN1H: It is further understood and agreed between the parties hereto that
any charges againet the lease by the lessor for services o~ for work done on the premises
by order of the Ieseee or olherwlae accruing under thl8 ciontract shall be conliderecl as
rent due and shaD be included in any lien for rent due and unpaid.
SIXTEENTH: It is undetatood and agreed that any MJns or advertising to be uaed,
including awnings, in connection with the premilles ~sed hereunder shall be first
submitted to the lessor for approval and further approved iby H.A.R.C. before install8tlon
of same. Further, any Improvements to said premilles by'the IS8818 shall be at lessee's
expanse and shall be find submitted to the lessor for &pproltal.
SEVENTEENTH: RADON GAS NOTIFICATION: Radon is a naturally occurring
radioactive ges that, when It has accumulated in a buildi\'1g in sufflcient quantities, may
preaent health risks to person's heelth who are expand t\:llt over time. LeveI8 of radon
that 8XC1I8d federal and state guidelinee have been found in buildings in Florida.
Additional Information regarding redon and radon testing may be obtained from your
and
County Attorney
P.O. Box 1026
Key West, FL 33040
.
county public heeIth unit.
EIGHTEENTH: LESSOR'S REMEDIES ON DEFAULT. If leene defaulta in the
payment of rent, or any additional rent, or defaults in the performance of any of the other
covenants or conditions of this agreement, Ies80r may gi\ie lessee nolIce of such default
and If Ieslee does not cure any rent, or additional rent, default within fifteen (15) days,
after the gMng of such notice (or if such other default is of such nature that it cannot be
completely cured with such period, If tessee does not commence such during within luch
fifteen (15) days and the~r proceed with reasonable diligence and in good faith cure
such default), then lessor may terminate this lease on n(lt less than ten days' notice to
Iessell and the IesISIl shaM have the option to remove all ~ipment, tabIe8 and furniture.
NINETEENTH: SUBORDINATION OF LEASE. This lease shaH be subject and
subordinate to aM underlying 188les and to mortgages anc1 trust deeds which may now or
he~r affect such Iell888 on the real property of whlcti the premises form a part, and
also to atl renewals, modifications, consolidations, and l!ePIacements of the underlying
leal. and the mortgage and trust deeds. Further, Lessee ackncwAedges that this Unit
205 (along with all other unlta in the property) is being! conWtrted into the JACKSON
SQUARE COURTHOUSE CONDOMINIUM. lel.et ihevocably names Lestlor ita
attorney-in-fact for the execution of any subordInation and attornment agreements;
however, If requested by owner or lender, Leesee ~gee to execuI8 any acIdiIionaI
documents provided such documents maintain his right of non-dlsturbance during the
term of the Leue 88 long 88 Leeaee Is not in default.
lWENTIENTH: ETHICS CLAUSE. '---or <eJiltity) warrants that it had not
employed, retained or otherwl8e had act on Ita behalf! any former County ofIicer or
employee subject to the prohibition of SectIon 2 of Ordl~ No. 010-1990 or any other
County officer or employee in violation of Section 3 or Ordinance No. 020-1990. For
breach or violation of this provision the County may. in its discretlon, tanninate this
contract without lability and may also, In ita discretion, deduct from the contract or
purchase price, or otherwise recover the full amount of a~ fee, commission, percentage,
gift, or consideration paid to the former County offlcer or =-.
TWENTY-FIRST: PUBLIC EN11TY CRIME ST~ . ENT."A person or afIiIiate
who has been plaosd on the convlclled \l8ndor list followl~ a conviction for public entity
crime may not submit a bid on a contract to provide ant goods or servlces to a public
entity, may not submit a bid on a contract with a public ~ for the construction or repair
of a public building or public work, may not submit blds on 111181118 of real property to public
entity, may not be awarded or perform work as a COlltl., supplier, subCOlltnlCtor, or
consultant under a contract with any public entity, and may not transact busl.... with any
public entity in excess of the threshold amount provided in SectIon 287.017, for
CATEGORY lWO for a per\ocl of 38 months from the date of being placed on the
convicted vendor Iist..
lWENTY..sECOND: The obligations of tlte Lessee under this Leese
Agreement are subject to the availability of funds lawfullY appropriated annually for its
purposes by the Monroe County Board of County CommlSsioners.
I
IN WITNESS WHEREOF, the parties have executed this instrument.
(Seal)
Attest:
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INDEPENDENT MORTGAGE AND
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B G Carter, anaging Director
TENANT
BOARD OF COUNTY COMMISSIONERS
OF MONROE OUNTY, FLORIDA
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2ND FLOOR PLAN
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Jackson Square Courthouse
600 IfoIhltahead Street Key \Nest FL. 33~
CONOOMINIUM SURVEY 05-146
SHEET 7 OF 144
FREDERICK H. HILDEElRANDT
ENGINEER P'l....ANNER sUR\'!EvoR
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JACKSON SQUARE
COURTHOUSE
LEGAL DESCRIPTION
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On the 1.lond of Key -West. Monroe County. Florida. Gnd' known on the map of soid
City of Key West. delineated in F"ebt\IGl)', A.D.. 1829. by William A. Whitehead as
Part of Lot Number Two (2). in Square Number Sixty-Three (63) and more
particulony de.cribed o. commencing at the Soulheny corner or SouthQ~d Slreet
and Whitehead Street. and running thence Southeasterly olong the Southwesterly
.ide of Whiteheod Street Fifty (50) reel: thence ot rig!'t ong'e. in a Southwesterly
direction SlxtyJJwo (62) feet; thence at right angles in 0 'Northwesterly direction
Fifty (SO) feet to, the South....terly .ide of Southard Street: tnenee running
Northeasterly olong the aaid Southeast_fly side of Southard Street Shcty- Two (62)
feet to Ihe Place of Beginning.
L.ESS
On the Island of )<oy West, Monroe Co~nty, Florida, and known on Ihe moP of .oid
City of Key West, delineated in february, A.D., 1829, by W;IIiom A. White~eod os
Port of Lot 2. in Square 83 and more porticulorty described os comme~c;"g at
the Southerly comer of SOuthClfd 5tteet and Whitehead Street. ond running thence
Southeoste!1y along the Southwestllt1y .ide of Whitehead Streot 50 reet: 'hence at
right onllle. in a Southwesterly direetion 61 feel to the Point of Beginnililg of the
.porcel hereinafter described; thence continue Southeoster1y one foot; ther'ice ot
right onlll.s ;" 0 North_terly direction Fifty (:l0) feet to the Soulheost,rly .ide
.of Southard Street: thence' running Northeasterly along the said Southeoslerly side
. of Southard Street one foot; thenc;:e at ri9ht Q"9'.' in a Southeasterly direction 50
teet to the Point ot Beginning.
Subject to an eoaement for !noress and eQl"8ss olong the Weste,",)' .side of said
property described os fOllOws:
On the!: ISland at Key West. Monroe COunty, Florida, and known on .the ",,*,p 'of 'said
Cily of Key West, delineated In February, A.D.. 1829 by WIlliam A. WIilteh,od os
Port of. Lot 2, ;" Squore 63, and more porticulorly described os commerjcing at
the Southerly comer of Southard Street and Whitehead Street, and runni~g th,enee
Southeasterly along the Southwes\lll1Y side of Whitehead Street 50 f eet; t~ence at
right angles in 0 Southwesterly dire.ctio" $1.0 feel: thence ot -right ongle8 in a
Northwester1y direction 6.0 flHt to the Point of B~innino: thenoe continue
Northwesterly on the Westerly boundary Iin. of eoid property 0 di.tonce of 44.0
f.et to a point on the Southerly right of way of Southard Street; thence at right
angles in (I Northeasterty direction on the Souther1y right of wo)' of Southard
Street Q distonce of S.3 feet: tlMnce at right angles in 0 Southecsteri)' (Iir:ection
along the Westerly face of 0 two-slory building 0 distance 0144.0 feet: thence at
right anQles in c Southwesterty direction a distance of 5.3 feet bock to the Point
ot Beg;nning.
SHEET 13 OF "
Jac:Icson Squ.m Courthouse
. 600 Whttehead Streel Key West FL, 33040
CONDOMINIUM SURVEY
~,...
05- j 46
FREDERICK H. HILDEBRANDT
ENGINEER Pl.ANNER ~
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Suite 201
~Wnt. n 33040
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F.x t30!) 293-0131
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