08/16/2000 Leaseciftolibe
CIMURCOUlt Danny L. Kolhage
Phone:305.292.356o Fax:305.296.gglb
J
To: Reggie Paros, Director
Public Safety Division
From: Isabel C. DeSantis,
Deputy Clerk %J.
Date. Thursday, August 31, 2000
At the Board of County Commissioner's Meeting on August 16, 2000, the Board
approved the following:
1. Lease Agreement between Monroe County and Dean -Lopez Funeral Home to
lease premises for use as Medical Examiner facilities for a fifteen month period,
effective July 1, 2000, at $850.00 per month, total of $10,200 per year.
2. Lease Agreement between Monroe County and Martin-Vegue Funeral
Home to lease premises for use as Medical Examiner facilities for a fifteen month
period, effective July 1, 2000, with the monthly cost to be based on the number of
autopsies and post mortem examinations performed at the facility, at a cost of $70.00 for
each service performed each month.
3. Lease Agreement between Monroe County and Beyec.Funeral Home to
lease premises for use as Medical Examiner facilities for a fifteen month period,
effective July 1, 2000, at a cost of $215.00 per month, total of $2,580.00 per year.
Attached are fully -executed duplicate originals of the subject documents for your
handling. Should you have any questions concerning this matter please feel free to
contact this office.
Copies: Finance
County Attorney
File
LEASE AGREEMENT
THIS LEASE is made and entered into this 16t` day of August , 2000, by
BEYER FUNERAL HOME, 101640 Overseas Highway, Key Largo, Florida 33037,
hereafter LESSOR, and Monroe County, a political subdivision of the State of Florida,
whose address is 5100 College Road, Stock Island, Key West, Florida 33040, hereafter
COUNTY.
and
WHEREAS, LESSOR is the sole owner of the premises described in this lease;
WHEREAS, the COUNTY desires to lease premises for use as a Medical
Examiners facilities; now, therefore
IN CONSIDERATION of the mutual covenants contained herein, the parties
agree as follows:
Section 1. LESSOR leases to the COUNTY refrigeration and operating
facilities at 101640 Overseas Highway, Key Largo, Florida.
Section 2. The COUNTY shall use the premises solely for functions of the
Medical Examiner's Office.
Section 3. The term of this lease is for fifteen months, commencing July 1,
2000 and ending September 30, 2001. The County may exercise an option to renew this
lease for one additional year under the same terms and conditions by providing to Lessor
at least sixty days prior to the expiration of the agreement written notice of the exercise of
Option.
Either party may terminate this Agreement without cause by giving sixty (60) days
written notice to the other indicating its desire to terminate same.
Section 4. The total rental due for the premises for the first year period is
$2,580.00, payable monthly as follows:
a) Beyer's Funeral Home Facility at $215.00 per month, which includes
refrigeration and use of the facilities for autopsies and post mortem examinations.
The LESSOR shall submit monthly invoices to Monroe County Public Safety
Division, 490 63rd Street, Suite 140, Marathon, Florida 33050 for processing.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC.
Section 5. The COUNTY shall be responsible for providing all equipment
needed to carry out the functions of the Medical Examiner.
Section 6. All utility and normal refuse services shall be supplied by LESSOR,
with the exception of biohazardous waste, which is under the jurisdiction of the Office of
the Medical Examiner.
Section 7. The COUNTY may not assign, sublease, pledge, mortgage or
hypothecate this lease or any interest that the COUNTY has under this lease without the
permission of the LESSOR.
Section 8. The COUNTY is liable for and must fully defend, release,
discharge, indemnify and hold harmless the LESSOR from and against any and all claims,
demands, causes of action, losses, costs and expenses of whatever type - including
investigation and witness costs and expenses and attorney's fees and costs - that arise out
of or are attributable to the COUNTY' S operations at the premises, excluding those
claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses
that are the result of the sole negligence of the LESSOR, pursuant to the terms and
conditions of Florida Statutes §768.28.
Section 9. The LESSOR 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 discriminated
against by LESSOR in the provision of services or employment or other applicable
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation Subtitle A, Office of the Secretary, Part 21, Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
That in the event of breach of the above nondiscrimination covenants, the County
shall have the right to terminate this agreement as if said agreement had never been made
or issued. The provision shall not be effective until the procedures of Title 49, Code of
Federal Regulations, Part 21 are followed and completed including exercise or expiration
of appeal rights.
Section 10. This lease agreement is governed by the laws of the State of
Florida. Venue for any litigation arising under this lease agreement must be in a court or
competent jurisdiction in Monroe County, Florida.
CLERK
Deputy Clerk
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BOARD OF COUNTY COMNIISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
BEYER FUNERAL HOME
By.
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APPROVED AS TO FO M
4UANAL SUFFICI