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Item P1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 2-18-2009 Bulk Item: Yes No X Division: Office of Public Defender Staff Contact Person: Natileene Cassel X3580 AGENDA ITEM WORDING: Approval to Amend the Lease for the Public Defender office space in order to add 570 square feet. This change will increase the monthly rent by $1,920.58 per month beginning March 1,2009. The Public Defender has agreed to pay for any construction out of its current budget. However, The rent increase does represent an increase in the Public Defender's budget for this fiscal year. ITEM BACKGROUND: The County is required to fund the cost of construction or lease of facilities and offices of the Public Defender pursuant to F.S. 29.008 (1)(a) and (b). Presently the County leases space fi"om Strombus Corporation at 801 Eisenhower Drive, Key West, for the Public Defender. The present space contains 4,945.83 square feet. The Public Defender desires to increase the space and the landlord cUlTently has the space available. PREVIOUS RELEVANT BOCC ACTION: BOCC approved the existing lease with Strombus Corporation, which was signed on February 24, 2006. The present rent is $16,674.67 per month,plus and annual increase of 4% or cpr increase for the preceding 12 months, whichever is higher. CONTRACT/AGREEMENT CHANGES: This amendment will add an additional 570 square feet to the office space at 801 Eisenhower Drive and increase the rent from $16,674.67 per month to $18,595.25 per month beginning March 1, 2009. The automatic annual rent increase as set out in the original lease will continue in effect until the lease tenninates on March 31, 2011. STAFF RECOMMENDATIONS: N/A TOTAL COST: BUDGETED: Yes No X_ COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No X- AMOUNT PER MONTH Year APPROVED BY: County Atty ~~haSing_RiSk Management_ DOCUMENTATION: Included _ Not Required_ Revised MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: 5trom bLtS ~tbRa.~'Qf\ Contract #- Effective Date: Expiration Date: r Contract Manager: -/)-I,k~ (1~~ ~(Narne) for BOCC meeting on 35 &'0 (Ext. ) 2/18/09 Agenda Deadline: 2/3/09 Total Dollar Value of Contract: $ Budgeted? YesD No ~ Account Codes: Grant: $ County Match: $ CONTRACT COSTS Current Year Portion: $ OQ.L- (.,qrl.~~fl!:i!:lt:;_ - - - - ............... - - - ------......... - - - - ----- - - - - -~--- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Date In Division Director Risk Mana~ment ~ f1u.. ~ tv\. O.M.B./PurchdSing 1--II7~tf7 County Attorney cQ\ ~ \ oq Comments: OMB Form Revised 2/27/01 Mep #2 CONTRACT REVIEW Changes Needed Reviewer YesDNoD [' (() n YesDNog ~~ YeSDNO~ '~f0 ~ YesD No~ 1)d?~ tJ r?~ Date Out aq~rJ &'1 FIRST AMENDMENT TO LEASE BETWEEN STROMBUS CORPORATION AND MONROE COUNTY, FLORIDA, ON BEHALF OF PUBLIC DEFENDER OFFICES THIS FIRST AMENDMENT TO LEASE is made and entered into on the _ day of ,2009, amending that certain Lease, dated February 24,2006, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, on behalf of the Public Defender ("Tenant"), whose address is 1100 Simonton Street, Key West, Florida 33040, on behalf of the Public Defender, and STROMBUS CORPORATION, a Florida Corporation ("Landlord"), whose address is 17131 Marlin Drive, Sugarloaf Shores, FL 33040. WHEREAS, Tenant entered into a lease agreement dated February 24,2006 with Landlord, for premises located at 801 Eisenhower Street, Key West, Florida, to house the offices of the Public Defender; and WHEREAS, Landlord has an additional 570 square feet of space available in the building at 801 Eisenhower Street; Key West, Florida, and WHEREAS, Tenant wishes to lease the additional space from Landlord; now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. Paragraph 1 of the Lease shall be deleted and the following shall be added to and become a new Paragraph 1 "Leasehold Premises" section to the Lease: "1. LEASEHOLD PREMISES. Landlord hereby leases unto Tenant, and Tenant hereby leases from Landlord, 5,515.83 square feet of commercial space comprising a pOliion of those premises which are located at 801 Eisenhower Drive, Key West, Florida, depicted on a sketch of the Premises (the "Premises") attached hereto as Exhibit "A" to First Amendment to Lease, and including parking spaces at 801 Eisenhower for use of the Tenant." 2. Commencing March 1,2009, Tenant shall pay rent in the amount of$18,595.25 per month through March 31,2009, which is the end of Third Year of the Lease term. Rent will adjust annually on the first day of the Fourth Year of the Lease (April 1, 2009 through March 31, 2010), and again on the first day of the Fifth Year of the Lease (April 1, 2010 through March 31, 2011) as referenced on the Lease Summary Page, a copy of which is attached hereto as Exhibit "'B''l-. 3. Notwithstanding the language of Paragraph 8 of the Lease, Landlord consents, but shall incur no liability in connection with, or costs related to, alteration of the Premises, as outlined on Exhibit "C" attached hereto. 4. The remaining terms of the Lease not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF Tenant and Landlord have executed this First Amendment to Lease on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Attest: DANNY L. KOLHAGE, CLERK By: Deputy Clerk By: Mayor George Neugent Date: Date: Landlord: STROMBUS CORPORATION By: Date: ~ - cy - ocr MONROE COUi\lTY Alf"jPU'ii 'r' . PROVED AS TO ~'Ij r"AT"LE~#l~~~~5!! ~ ,- cHt: Ipi CA,\j,H;;L .. ASSISTANT COUUTy r']t~;;'w,.' Date c:2- - ~-'" 0..' ""' c '''.~' __ . .c.., '_, ~ h, . EXHffiIT "A" TO FIRST AMENDMENT TO LEASE --------- ------- -_\ 1 I \ \ \ \ ;IJ ~ " \ 1 I \ \ RAMP , l r [ i I I I' !; i , I \ \ \ d : \ \ 1 ',\ I ~ \ ~ 1 :1 ~\ \ \ I \ \ \ I \ \ ITl W--J LOADING AREA (50' x 12') I I I I b d l1...c..- _ _ _ _ _ _ ............ ""'" ...-- _ _ _ -. ..,...,. _ _ _ _ _ --D.d 801 Eisenhower Drive, Key West, FL First Floor Monroe County Public Defender '------ "" --------------\ r I I I J r I I I I I I I J I I J I I I I I I I I I I 1 I I I I I I I I I I I I I L 801 Eisenhower Drive, Key West, FL Second Floor Monroe Coun,ty Public Defender --' "7 --- EXHIDIT "B" TO FIRST AMENDMENT TO LEASE LEASE SUMMARY PAGE LANDLORD: STROMBUS CORPORATIONr a Florida Corporation .APDRESS; 17131 t4~rlin Dr. Sugarloaf Shores, FL 3.304.2 'l!SNAWl! ~ MONROE COUNTY on behalf of the puStle DEFENDER PROPERTY LOCATION: 801 Eisenhower Drive, Key West, Florida 33040 TERM ORIGINAl.; ~ive (5) Years, commencing April 1, 2006 and ending March 31, 2011. RSN1' : FIRST YEAR: $185,0-00.'00 annual rent, $15,416.67 per month SECOND YEAR: First year rent amount plus 4~ increa~e or CPI increase for the preceding 12 months, whichever is higher. THIRD YEAR: Second year rent amount 21E~ 4% increase or cpr increase for the preeeding 12 lltQnehs, whiohever is higher.!. FOUR'rE YEAR: Third year rent amount plus ,4% increase or cpr increase for the precedioS 12 months, whichever is higher. FIFTH YEAR: Pourth year rent amount plus 4~ increase or CPI increase for the precedLng 12 months, whichever is hiqher. SECURt~Y UEPOSI~: NA PURPose~ Any commerci...l use, properly permitt,ed and licensed by the City of Kay West, and/or any other applicable governmental agency. ~R~PARATION OF PREMISES: "P.s Is" RECEIVED FEB 2 R ?nn~ MONROE COUNTY ATTORNEY 801 Eiscnlwwcr 1 EXHffiIT "en TO FIRST AMENDMENT OT LEASE APPROVED TENANrS WORK Construction of an interior wall on the northeast side ofthe Premises separating Tenant's space from space occupied by Chicago Title Insurance Company, including installation of a double locking security dOOL ( Amended Lease Page 1 of 1 Cassel~Nat ~...".~__.~._.,_,~~_" ___,._~ _"",..,___._.,_,_.._..,~_~",_~,...,_ < '~''f''''''~_'C' _'_~'''_r'_~~''-'-'-'',,__ _~"'-N-<_""_"--"'~'."~_"'~"~'__'~'..~'__ "~_'_.'__..__'_._.. ,~'" c..<c , c_c<~. ..c..~"<,.'.'", .. ~~..,~~"~,~..~~--n'o",,,"_,~_,.-"_"'~'~"~~'~'.'''.'~_'__'' -~~. ,~~,.,...,~,-,.,.~,-_.- From: Rosemary E. Enright [renright@pd16.org] Sent: Friday, February 06,20092:29 PM To: Cassel-Nat Subject: Amended Lease Ms. Cassel, Please be advised that the Office of the Public Defender will pay for the cost any construction needed under the Lease Amendment. The costs of construction will be taken out of the current fiscal year's budget and will not cause an additional increase in the current budget. Thank you for your assistance with this matter. Sincerely yours, Rosemary Enright Public Defender, Sixteenth Circuit 2/6/2009 ~ 1".5. 2~__ .,- _ COURTSYSTEMFUNDI~ __ Ch.29 lJijl~ \11i1 i1ICij ~at. m:lleG that the riligan! is indigent for costs; or when the tiQ~rlt is aoimg ~(Q se and the court determines that :~ 'ILi.gal~! is indfgenl for costs at the trial or appellate IJVElI This s9Clion i:1!JP lies in any sit~~tion !n which the jAl1lrt appoinlS counsel to protect a litigant s due proe- M rjgh~s- TI10 JUS~iCB Administrative Commission ~iJ~il .:;IppfO'.e uniform contract forms ~or use in pr?~ ~~~ing payments (or. due proces~ services under this ~dion. In each case In which a pnvate attorney reprs- ~nt$.]' person determined by the court to be i~di.gent IN oost$. the a(torney shall execute the commission's ~Ol'ltr.a{;t for private attorneys representing persons rk,t~mlir1~~ to: be .ndigenf for costs. tlltJ~'.--,<, I', ~" ~N~'2~1, &.. 43, ch, 2003-402; s, 16, ch, 200s.236; s. 18, ch. :,f,t-6~ ~. ""'" '....... /j~ , ~~ I pro- ,1~31 i;\)i;: 1. As of July 1, 2005, equipment and furnishings shall be limited to that appropriate and customary for courtrooms, hearing rooms, jury facilities, and other public areas in cou rthouses and any other facility occu- pied by the courts, state attorneys, public defenders, guardians ad litem, and criminal conflict and civil regional counsel. Court reporting equipment in these areas or facilities is not a responsibility of the county. 2. Equipment and furnishings under this para- graph in existence and owned by counties on July 1, 2005, except for that in the possession of the clerks; for areas other than courtrooms, hearing rooms, jury facili- ties, and other public areas in courthouses and any other facility occupied by the courts, state attorneys, and public defenders, shall be transferred to the state at no charge. This Provision does not apply to any com- munications services as defined in paragraph (f). (b' uCorsfnJel!;:-)}'! ();" k::-;,:r:;','t-'"' ; ~-':~,.:;';_.ilj:,~~'~~; b ~)"t J.~; not !im- ~1~~d ~11: 8;tl reEi~onRb'e ,~nd 1-:;-c.\'::;:Jt~&liY (X~~~~.s:'. of th!:;, ;~Gqui- siii~ri ~\ \""::;8 (,~ L"f.:I!ili?S for ell! jUdid(:ll off;cer'3, slalf, jum rs: vo~uflteers of n, ten ~ nt aqe,ncy; ;u~~. thp. publ i~ to ~ t~.1.~~ :.::rr;,""'J.Ht. ,;In? (..'':".~Jt;ni':Y !.,~0-:..~n:> ~f1:.~~' tYi.J(t~~C ~~~f().nd~r'$ Ofij08s, Slate attorneys' offices: and for performing the court-related functions of the offices of the clerks of the circuit and county courts. This incluqes expenses related to financing such facilities and the existing and future cost and bonded indebtedness associated with placing the facilities in use. (c) "Maintenance" includes, but is not limited to, all reasonable and necessary costs of custodial and grounds keeping services and renovation and recon- struction as needed to accommodate functions for the circuit and county courts, the Pllblic defenders' offices, and state attorneys' offices and for performing the court-related functions of the offices of the clerks of the circuit and county court and for maintaining the facilities in a condition appropriate and safe for the use intended. ' (d) "Utilities" means all electricity services for light, heat, and power; natural or manufactured gas services for light, heat, and power; water and wastewater ser- vices and systems, stormwater or runoff servict:lS and systems, sewer services and systems, all costs or fees associated with these services and systems, and any costs or fees associated with the mitigation of environ- mental impacts directly related to the facility, (e) "Security" includes but is not limited to, all rea- sonable and nt:lcessary costs of services of law enforcement officers or licensed security guards and all electronic, cellular, or digital monitoring and screening devices necessary to ensure the safety and security of all persons visiting or working in a facility; to provide tor security of the facility, including protection of property owned by the county or the state; and for security of prisoners brought to any facility. This includes bailiffs while providing courtroom and other security for each judge and other quasi-judicial officers. (f) "Communications services" are defined as any reasonable and necessary transmission, emission, and reception of signs, signals, writings, images, and sounds of intelligence of any nature by wire, radio, opti- cal, audio equipment, or other electromagnetic sys- tems and includes all facilities and equipment owned, 393 ~.1 S, ~(.l li:9~ ::"9-.008 GO,untV funding of court-related functions. (1) Counties are requimd ;;'j~ ,~ ",:1\.\11, \,' COIf ~h"" Slide Constltutton to hmd lhe Gosi of communications 'MNJceS, existing radjo systems, existing multiagency Ulm ii1,S:f j usHcc info rmatioll systems, and the cost of C<lriStr1.I.;;tion or lease, maintenance, utilities, and secur- i1y of facjlilies tt}r thl'! circuit and county courts. j)iJbi'(; 'do:~rerio;jelE' offices, St3tC attorneys' offices, guardian ad h~'l'l oUices. ami file nffi,.,qs of the clerks of the circuit ~rI(l county court:,,; performing court-related functions. For pwposss of this section, the term ':circuit and county, ~OlltlSnincludes the offices and staffing of the gUilrdi~m ad [item progr'~_ms, and the term "public ~ferld<!rs' otfices"Includes the offices of criminal con- rid and civif ~giona r cn l)t'l-"i~L The county designated ~nd~r $, 35, 1J.5{ f) as the headquarters for each appel- l~t~ distrit::! sl:lall funci these costs for the appellate divi- ~I()rl o! tho ptibHc def€nr:lfC!r"s office in that county. For ,LUI}OSElS of imp!~m~!'1'U".G these requirements, the lrml: , Iii) ~Facrh!y" means reasornblo anj neGc'::;sary ~'IIJi(jings. :) nd offi-:;e sp<.J;ce and <l!JP Ijrter,Ci n t eq'Ji pmenf ~n~ turmshings, S!fuctures, real efitate. 6'''$~nienls:, ~n.J ret~tcrl i nte rests in real e~t<:\te, incl ~Jdin Q, b LJt not ~n~11 ~ J to, th08e:l fa r 1 he purpose- oj hoUSirlg let! OJ I materf.. ~I~ iVI uto by the- genBral public ami persQnnej, l~qt,ift- ;1~f1l< ~)r l Ur'lcti 0 11S of I h e ci rCllit Or ccwntv COll Ii:';, PlI fAic :n;ITirH~ers' offices, sidte tlUom~s' offices, and court- 1lil.il1tW functions of the office of the clerks of the circuit ~~,C'O<I!lly courts ann' all storage. The term "facility" ,,~:~Jr~,s till wirjng necessary for court reporting ser- ~:h" n ~e _term also includes access to parking for r ~ ~<:;clh!ies in Cotu1I?cfion with such court-related P~rj.!: I:?':lil lhFd m~v b ~ available free or from a private IJI/I~'''"I" ~ ~~v ~ or, 0: 1Qcar government for a fee. The office "'~'~ prOVided by ~ county may not be less than the ~~;:~j~rds,for ~paCf~ AI:ntm~;ni adopted by the Depart- II~ n') A. M"'r::21g-.;;m~)nt Services, except this require- '~hl' ,il Q?pb~s only to facilities that are leased, or on ' (;(lr:s.t<:.r"t/Ol' ~n~~~_~.o.'" atter June 30 2003 '.{':J:l~. .,...... I L-'I.JII!'!'!'!:';:I~'.~....._,. ,. ,l' "~ ,< 'r ~: ttldrng mu-:;( include physical modifications 'i:,:.,:,~Pd!Vr;'lll0rlt~ to all facilities as are required for ':" :~I ."nco W=t~~ th;;- Americans with Disabilities Act. .~, '1~1I'l; I ' '-~,I,:,,;- .' ,8 <::gr&('~rnGnf of a county and the affected 'I,,; ';.'l;:ll1~rIlS Pc:.ra.Qr~pi't, the office space provided by , ",1; ~d2 }n~y VOlry (rom the standards for space allot. ':'~"'" fJ.0.(I1)Y the Department at Management Ser- ; ~n1 c ~J....' ?tlSi!.l uii:i.\ t:i~ i~1O ~Jla~' I :iI:;"~ I r~B,. ~ (iw ',al~' .MH' lFilllf~ i'$ aM h1;lll Jr,W ~1iJlC'i ;1 ;(", I r1 ~,~ r 'f i'V T ,~"'" I 11~P , 3 ~~f .e~r~. ~I.I~' \,(;'\;': ~j~.' .. ]~" ' ......" ~IJ I L f!i\!~ ~" J~' ~;~~.;. " ) .~:.. ,.. ~--- LANDLORD; ADDRESS; TENANT: PROPERTY LOCA'1'ION~ TERM ORIGlRAt..; RRfI'I' : FIRST YEAR: SECOND YEAR: THIRD YEAR: FOUR'!'!!: YEAR: " FIFTH YEAR; SECURITY DEPOSIT: PURPoSE: PREP1UlAT10N OF PREMISES: 801l:io;cnllowtT LEAS8 SUMMARy PAGE STROMBUS CORPORATION, Q Florida Corporation 17131 Harlin Dr. Sugar loaf Shores, FL 33042 MONROE COUNTY on behal= of the PUBL1C DEFENDER 801 Eisenhowp.r Drive, Key West, Florida 33040 Five IS) Years, commencing April 1, 2006 and ending March 31. 2011. $185,000.00 annual rent; $15,416.67 per month First year rent amount plus 4% increas9 or CPI increase for the preceding 12 months, whichever is higher. Second year rent amount pJ>>~ 4% increase or CPI increa~e for the preceding 12 montn~, whichever is higher.=. Third year rent amount plus 4% increase or CPI increase for the preceding 12 months, whichever is high.er. Fourth year rent amount plus 4~ io~rea8e or CPI increase for ~he preceding 12 months, whichever i~ hiqhQr. NA Any commerci~l use, properly permitted and licenaea by the City of Key West, and/or any other applicable governmental agency. ~As Is" RECEIVED FEB 2 8 700fl MONROE COUNTY ATTORNEY 1 ~ THIS LEASE made and entered into at Key West, Monroe County, Florida, t.his 1 s t day of April, 2006, by and between STROMBUS CORPORATION, a Flor lda corporation, hero'll naf ter referred 1,0 as "Landlord"; and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS on behalf of PUBLIC DEFENDER, hereinafter referred to as "Tenant". WIT N E SSE T H: :t 0 ~ )> ;..u :;;!: 1. LEASEHOLD PREMISES. Landlord hereby leases unto Tenant, and Te~~2; rTl ::;s:;: -<., hereby leases from Landlord, 5,000 square feet of commercial space ~~~ c:_ ~I " . compris~ng a portion of those premises which are located at BOl Eisen~~ :-<:--l :.> Drive, Key West, Florida (the "Premises"), and more particularly desct1.beGn r l"l1 :t> Exhib.:.t "./;." <:It tac::-::!d :-ler" ':::;., and inclUding park i ng spaces at. 801 EiseJthower for ~he U5e of the Tenant. 2. TERM - ORIGINAL. The o~iqinal lease term hereof shall be five (5) years as designated on the Summary Page, subject to early termination provisions of this agreement. 3. RENT. The annu~l rent for the lease Lerm shall be as se~ forth on the Sumrna~y Page. Said rent shall be payable in arrears upon receipt of a proper invoice pur5u~nt to the Florid~ Prompt Payment Act, Sections 218.70, Florida Statutes, et. seq. On the 1st day of April, 2007, and annually thereafter, there shall be an adjustment to the base rent which shall be derived by taking the preceding yea r / s rent 6:,C .:..".:reas:.,'g tn~ s",m~ by four percen t (4 %) or the percentage change of the Consumer Price Index for the preceding twelve (12) months, whicheve~ is higher. "Index" shall mean thp- "Ccm1.lumer 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 che United States DepartmenL of Labor. In the event the !ndex shall hereafter be converted to a different standard 801 Fj,;enOOweI :1 f'o,.) <=t "TI c:::J CT> . ::B: m :D- o ;:;0 -r'l (..) 0 ::.AJ -0 ::rJ ::J:: r:l r.) N 0 .. :;0 U1 a C reference base or otherwise revised, the determination of the Percentage Increases (defined above I 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 S~aLi5LiC5 or, if s~ict aure~u shall no~ publi5h the ~orne, then with the use of such conversion factor, formula or table as may be published by Prent~ce Hall, Inc., or, failing such publication, 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 shal! be substituted for the Index, such other index as Landlord shall determine. For any partial month within the ~erm hereof said rent shall be payable on a prorated basis. All rents shall be paid when due and inLerest for late payments shall be as set by the Prompt Payment Act. In the event that funds cannot be obtained or cannot be continued at a :I?....~~~ ::;'.:.f7~.(':er.t: -(~ ;-1~--tY :::_~ seF.s:se FY"~'::';" :;:1'"" -I~e- ?~.l8~1: je-f~!"".je~'.!: :~f~i~oe acquires adequate office space in a County-owned or State-owned building, "his lease may be t.errninated by ~he Tena.nt. providing LO Landlord at least. six months prior Wl'itten notice of the termination. Payment under a multiple year agreement is contingent upon annual appropriation by the Board of County Commissioners. 4. ~CURl~r_DEPO~IT. N/A. 5. UTILJ;,T.IJ;;S: The Landlo:r:-d Shall pay all charges for electricity, water, gas. Solid waste, sewerage. air conditioning and heating services used at the Premises during the lease term. Due to the instabilit.y of fuel prices and other economic factors affecting the cost of utilities in recent years, the parties agree that should the increase in costs of utilit.ies escalate at a rate higher than the CPI specified herein, the parties may renegotiate the rental 801 E'.i$Cnhowel 3 amount to reflect the change in utilities. Any such change shall be incorporated in a written addendum to this agreement and signed by both parties 6. ACCEPTANCE OF THE PR~M!SES "AS IS". Tenant agrees to accept the premises in "as is" and "where .l.S" condition. without any agreements, representations, understandings or obligations on the part of Landlord whatsoever to perform any alterations, repairs or improvements. Tenant's having Laken possession of the premises shall be conclusive evidence that the premlSeS were in good order and satisfactory condition on the day Tenant took possession. 7. ~~E__OF PRE~~SES. Tenant shall not use the premises, or permit any part of such premises to be used for any unlawful or hazardous purpose, nor shall Tenant operate or conduct its business in a manner constituting a T\UlSanCe of any k.tnd. The use of the premises permitted hereunder is any. lawful use, provided said use is properly permitted and licensed by the City of Key West, Florida and/or any other applicable governmental agencies. No U5e of the premi~e~ ~hall be made or permitted to be made, or act~ done, that wlll cause a cancellation of any insurance policy covering the building; nor shall Tenant sell, or permit to be kept, u~ed, or sold, in or about the premises, any article prohibited by the standard form of flre insurance policies. In the event that Tenant keeps or permits to be kept any article in or about the premises, or does some act on the premises which results in an inCrF.!dSe of premiums owed by Landlord for fire, flood, windsl.orm or other .tnsuranc@ policies. Tenant shall pay all of such increased premiums as additional rent. 801 E""nh""""r 4 B. ALTERATIONS AND REPAIRS. The Tenant will, at Tenant's sole cost and axpan..e, keep that portion of the premises utilized by it in good repai.~ and ~er.antable condition during the term of this l~?se. The Tenant will, at the t~rmination of ~his Ip.nse ret-urn the pr~mises to the Landlord in as good condition as when received, ordinary weur and tear excepted. 'I'enant sh.lll make no alterations, additions, or improvemonts t.o the premises without ~h~ prior ~~it~en cop.sen~ of Landlord. Alterations requiring Landlo~d's prior written consent include, bu~ are not limited to, structurul or cosmetic alteration to the premises and any alteration or decoration. whether exterior or inted,or, which is visible from outside of the building. All addit~on5, change~, and oth~r improvc~cnts cr~cted or placp.d on the premises shall remain thereon and shall not be removed therefrom. At the expiration af this lease all such improvements shall be the property of the Landlord, at the Landlord's option. In the eve~t the Landlord so eleets, the Tenant shall remove such irn~rovernent5 from the property and rc~tore ~he property to its original condition all at Tenant's expanse. 9. SIGNS. Landlord shall pr.ovide a single signpost outsid~ of the premises, and Tenant shall, at its sole cost and exp~nse, provide signs for attachm~!'\t to said signpost, after receipt of all required permits and approvals. Tenant will nQt eXhibit, ~nsc~~be, paint, or affix any sign, advp.ttisement, notice, or other lettering on any part of the outside of the premises or of the bUilding of which the leasehold premises are a part, or inside the pre~isas if visible from the outside, without first obtaining required governmen~al approvals therp.ofi and Tenan~ further agrees to maintain such sign, le~terin9, etc., as may be approved, in 900d condition and repair at all times. 10. ~TENANCE. Tenant shall maintain the interior of the premises, and shall make all necessary repairs therein, including without limitation, 801 &scnh(l"'~r 5 maint0.nance and repair of interior walls, windows, and doors. Tenant shall provide monthly maintenance to the air conditioning units within the prami$e~. Tenant shall be ~esponsibte for cleaning the interior of the p~O~i8AS und maintaining all light fixtures in working orde~. Landlord is responsible to maintain and repair the exterior walls and roof of the building, as well as the elecr..rical '...'iring, the plu'll'bing system serving the premises, and the air conditioning water tower equipment. 11. INSURANCE. Landlord shall obtain and keep in force, insurance coverage insuring against any loss or da~age to the premises caused by fire, windstorm, flood, or other such hazards, as well as a policy of comprehensive public liability insurance insuring Landlord and ~en~nt against any and all claims for damages to person or property, or loss of life or of property, occurri~g upon, LO or about the premises, subject to the limitations of Sp-ction 768.28, Florida Statutes. It ~hall be the exclusive obligation of Tenant. to insure ilny and all contents of the leasehold prp.~iseB nnd it is hereby agreed that the L~~dlord shall have no liability !o~ lOGS or. damage to the same from any cause '<lnatsoever. L2. ~ST~UCTION Ok DAMAGE. A. If the premises are, or any pa~t t:hereof shall be damaged by fire or other casualty, Tenant shall give immediate notice thereof to Landlord and this lease shall continuQ in full force and effect exc^pt a~ hereinafter $~t forth. B. If the premises are partially damaged or rendered partially unusable by fire or other casualty insured under the coverage obtained by the Landlord. the damages thereto shall be repaired by Landlord, to th~ extent insurance proceeds are available. Land!.ord will make the Tepairs and restorations with all ~easonablp. expedition. subj~ct to delays due to adjustment of insurance Claims, labor troublns, and l:IOJ "i~nMWet 6 causas beyond LandlQrd's control. After any such casualty, Tenant will Cooperate with I,andlo~d's restoration by removing from the premises as pr.omptly as possible, all of Ten~nt'6 6~lvageable invp.ntory and moveable equipment, furniture and other proper~y. C. If the premises are rendered wholly un~sable or, if the building be so damaged that the Landlord shall decide to deffiolish it or r.ebo:i ,Ld Lt, then, in such events, Landlord or Tenant may elect to terminate this lease by w~itton notice to the othp.r given wi~hin '0 daY3 of such fire or casualty, specifyin9 a date for the expiration of the lease, which will not be mOre than 60 days aft~r giving ~och notice, and ~pon the date spp.cified in such notice the term of the lease will expire tully and comple~ely as if such date were the date set forth above for the tE)rMination of thig lease. In such event, Tenant will forthwith quit, surrender and vacate the premises without prejudice however to Landlord's rights and remedies against Tenant under the lease provisions in effect prior to such termination, and ~ny rent owing will be ?aid up to such da~e. D. Nothing contained hereinabove will relieve Tenant from any liability that may exist as a result of damage from fire or o~her casualty. Tenant aCknOwLedges that ~andlord will no~ carry insurance on Tenant's inventory and/or furnishings or any fixtures or equipment, improvements, or appurtnnances rew.ovable by the T~nant, and agrees the Landlord will not be obliged to repair any damage ther.eto or replace the game. Except as expressly provided herein to tho cont~~ry, this lease Shall not torrninate nor shalL the>e be any abatement of rent ~s a result of a fire or o~h~r casualty which 1S the faul~ of, or c~u5ed by ~he Tenant. Tenant shall be responsible to insure the improvements and repairR which Tenant prOvides to the premises. Except as provided for in this lcaRe, the Tenant does not have the righ~ to cancel or 801lli~llllOWcr 7 to~min~tc this lease. 13. EVENTS OF OEFAULT. The occurrence ot any of the following sha~l constitute an event of default hereunder: A. Discontinuance by Tenant of the conduct of its business in th~ premises, for a period of thirty days or longer. B. The filing of il. patit.iofl by OJ;' against Tenant tor adjudication as a bankr~pt or insolvent, or for its reor9aniza~ion or for the appointment of a receiver or proceedings under Chapter X and/or Chapter JX of the Federal Bankruptcy t.awi an assignmrlnt by Tenant for the benefit of creditors; or tne taking possession of the property of ~enant by ~ny governmental officer, Court appointed receiver or agency pursuant to statutory authority tor the dissolution or liquida~ion of Tenant. c. P~ilure oC Tenant ~o pay when due any installment of rent hereunder or any other sum herein required to be paid by Tenant. D. Abandonment or desertion of the premises or permitting the same to ~ empty and unoccupied, for any consecutive pe~iod of thirty days or longer. E. Tenant's fatlure to perform any non-~onetdry covenant or condition of this lease within ten (10) days after written notice and demand. 14. RIGHTS OF ~~O~PON DEFAULT BY TENANT. If the Tenant 1s in default as d~fin~d in sUbparagraphs A to D inclusive of paragraph 13 and if the same is not cured by the Tenant within three (3} daya after written notice to the Tenant or if the Tenant is in default pUrsuan~ to thn provisions of sub-paragraph ~ of paragraph t3, the Landlo];'d, in addition to all rights and remedies granted under the laws of the Sta~e of Florida ~hall h~ve ~ny or all of the following ri9nta~ 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 T~nant, all without &/] El5cnllowcr e service of notice or resort to le;;-al process and without. b~ing deerr.ec. guilty of trespass, or becorn~ng liable for 109s or damage which may be occasioned ~hereby: and/or B. To terminate the le<<ae and re-let the p~emise9 ior account of the Landlord or within the sole discretion of ~a~dlord the premises may be rc-let for the account of tho T~nant. 15. LANDL~RD'S R:GH7 TO D~~GES IN TEE EOLN~ OF T~~11NAT~ON, In the event ~t Lc~GLora's termi"atior. c= this lease tQ~ Tenar.t'~ bre~~t: nereunder, in addition to any other remedy otherwise evailable at law or equity, Landlord may recover from Tenant all damages incurred by reason of such breach. including the cost of recovering the premises. 16. ATTORNEY'S FEES AND COSTS. Tenant shall pay rea~O~3cle a:tcrney's fees and all reasonable costs in the event that Tenant fails to com~ly with :..t:;; c.Dl~gi1t;.~or..s llr_ct~r th.is ~>?-')!H3 and r:.t.e ;u;;,i;:t.;;-,r is ret""rriZ'd :'0 2..,a:1dlc.rd'::> attorney. If any action at law or in equity shall be brou9ht onder this lease, or for oc on account of any breach of, or to enforce or interpre~ any 0: ~h~ covenants. term~. or conditions of this lease, or for the recovery of possession of the demised premises, the prevailing party shall be entit~ed 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 o~ decree rendered. 17. IND~~FICATION. HOLD HARMLESS. Subjec~ to Section 768.28. rlorida Statutes, Ten~nt shall indemnify and hold harmless Landlord against and from any and all claims arising from Tenant's use of the premiBe~ for tho conduct of its business or from any activity, work, or other thin9 done, permi~ted or suffC!.l""!d by the Tenant in or about the building, and shall further indemnify and hold harmLee8 Landlord against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant's part SOl Ei!il!nho"'t< 9 to he performed u~der the term3 of this lease, or arising from any act or negligence of the Tenant, o~ any officer., agent, Gmploye~, quest, or invi~ee of Tenant, and from all and against all costs/ attorney's fees, expenses and liabiliti~~ incurred in or about any such c~aim or any action or procceaing brought thereon. Tenant, as a material ~art of the consideration to Landlord, hereby assumes all risk of d~ge to property or injury to persons, in, upon or about the premises, from any cause other than La~dlorci's negligence, and Tenant hereby waives all claims in respect thereof against Landlord. lB. WAIVER. The failure of either the Landlord or ~enant ~o insist in a~y 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 contair.ed, shall not be construed as a waiver or relinq~ishment for ~he future of the performance of such Obligations of this Lease, or of th~ 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. i9. LIE~~~ Tenant further agrees ~na~ Tena~~ will pay atl of Tenant's contractors, subcontractors, mechanics, 3aborers, materialmen and all others, and will indemnify Landlord against all legal cOsta and Charges, bond premiums for release of liens, and counsel fees reasonably incurred in the commencement or defense of any suit. by the l,and~ord to diSCharge any liens, jUdgments, or encumbrances against the pr.emises caused O~ suffered by Tenant. It is understood and agreed between the parties hereto that the costs and charges above referred to shall be conB~dered as additional rent due under this lease, payable upon demand. The Tcnan~ herein shall not h~yc any author~ty to cr~~te any llene for labor or material on the Landlord's interest in the above-described property, dnd all persons contracting with the Tenant for the doinq Qf work or the furnishing of any materials on or ~o the premises, and all materialm~n, !.01 Ei>.eDhOVo'r' 10 cont,r~ctor$; w~chanics ~nd laborers, arR hereby charged with notice that they must leok to the Tenant only to secure the payment of any b~ll for work done or naterials furnished during the term of this lease. 20. EF'PF.;(,;,], m' 'l'ENAN':"S Hl!I{~LQY?:R..:.. Any holding over after thg expiration of the term of this lease, with the consent of Landlord, shall be construed to be <l tenancy from month to month, at the saw!'! monthly rent as required for the period immediately prior to the expiration of the lease, :n. PEAceFUl, POSSESSION. So long as Tenant. pays all of the rent cnd Charges due and performs all of Tenant's other obligations hereunder, Tenant shall peacnably and quietly have, hold, and enjoy the premi~Qs throughout the term of this lease, without interference or hindrance by Landlord. 22. ~~~FE~_~!~~DLORD_ In the eve~t of termination of Landlord's ownarship of the premisos by opera~ion of law or by bona fide sale of the prem~ses or for any other r~a~on, ~hen Land40rd shalt be rnloased from all liability and responsibility hereunder. 1n such evenL, Landlord's successor, by acceptance of rent from Tenant, shall become li&ble and'responsible Lo Tenant in respect to all such obli9ations of L~ndlord und~r this tease. This lease may be assigned by the Landlord in which case, Tenant, upon request by Landlord. shall issu€ 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. ASSIGNME~T _OR SUBLET BY TENANT. 7enant may not assign this Lease in whole or in part. nor sublet any portion of t.he premisea, witho~l':. ~,~ndlord' s prior written consent, which consent may be arbit~arily withheld. The Tenan~ and signatory to this lease, and any subsequent assignees or subLoasees, shall remain liable to Landlord under the termG of ~ni5 lease, regardless of the nurnbor of intervening aSSignments and subleases, without consent to such further assignments and subleases being required, unless and until Landlord e~~res51y releases said Tenant, assignee or sublesee from 801 F.iscnho\l,1!; 11 liability under this lease, and such liability shall not be in any way affected or reduced by any modification of the lease between Landlord and the occupant assignp.n, even if such modification is made without the prior tennt)~~f cnnSA1)t. I..f;I:-tdJI,:;:rd' s conSE:':i~ tc tt.:"'Cl aSS;9r.:;1ont, s'.:&bl~t~in91' C~I:...1;>ati:l~1 er ~.lse DY 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 ~~9ht of handlord to deny such consent pur5uan~ to the provisions hereof. rurthermore, Tenant understands and agrees that, should L~ndlord approve any assignment or sublease, Landlord shall have the right to be reimbursed for legally-related expenses in connection with the review, preparation, and processing of any doc~en~s associated with said assignment/subleas~. If Tenant is an entity other than a nat~rai person, a change in the controlling interest of said entity shall be deemed an assignment of this lease and ther~by subject to consent by Landlord, 24. SUBORD~NATtO~, NON-DISTURBANCE &~D ATTORNMEKT A. !'ubordinat:lon by Ten~t,! Tenant herOby subordinates its ri9hts hereunder to the li.en of any mortgage or mortgil.ges, or the lien resulting from any other method of financing or refinancing, now or hereafter in fo~ce against the pr~mises, and to all advances made or hereafter to be made upon the security thereof. This shall be snlt- operative and no fur.ther instrument of subordination shall be required by any mortgagee. However, Tenant, upon reqU~st oE any party in interest, shall execute promptly such instrurn~n~ or certificates and irrevocably appoints Landlord as Attorney-in-Fact fol." Tenant, with full power and authority to execute and deliver, ~n the name of Tenant, any such instrument 0': Certificates. Estoppel Certif;cate. Within ten (lO) days after request by Landlord, B. W1 Eiknoovm 12 or in the event that, in connection with ~ny sa~e, assignment or hypo~hocation of the promises by Landlord, an estoppel certificate shaLl be required from Tenant, Te~ant agrees to deliver, in recordable Eorm, an estoppel certificate to any proposed mo~tgagc~, purchaser, or to Landlord, certifying (if such be the case) that this lease is in full force and effect and that there are no defenses or Qffset~ thereon, or stating those claimed by Tenant, as long as those are factual statements when made. C. Attornment. In the event of a sale or assignment of Landlord's interest in tho promises, or if the premises comes into the hands of a mortgagee, or any oth~r person, whethe~ because of a mortgage fo~eclosurer eKercise of a power of sale, O~ other reason, Tenant shall recognize said mortgagee or other person aa the same as Lana40rd hereunder. Tenant shall execute, at Landlord's request, any attornm~nt agreement required by any mortgagee, or other such person containing such provisions as such mortgagee or other person requires. 25. ~~9HraITIO~ AGAINST INVOLUNTARY ASSIG~~E~T. Neither ~hj3 lease, nor the leasehold estate of Tonant, nor any interest of Tenant in the domisod pr~rnise5, shall be subject to involuntary assignment, transfer, or sale by operation of law, or otherwise, (except through statutory merger or consolidation, devise, or in~estate succession). Any s~ch attempted involun~ary assignment, transfer, or sale shall be void. and of no effect. 26. NOTICE. All notices or dew~nds g~ven or sent by either party to th~ other under this lease, shall be deemed to have been fully given and/or sent, when made in writing and deposited in thQ United States mail, certified or registered and postage prcpai,d, or when re.ceived, via hand delivery or ~a~ionally recognized ov~rniqht courier and addreSSed as follows: TO LA.."lOLORD; STROMBUS CORPORATI0~ ] 71.31 Marlin Dt'. .'lOl Escnho\\<:'l 13 Sugarloaf Shore3, FL 3304(. and to: SUSAN M. CARDENAS, ESQ, Stones . Cardenas 221 simonton Street Key West, Florida 33040 TO TENA.'l'T: MONROE COUNTY PU3LIC DEFENDER BOl Eisenhower Drive Key West, FL 33040 and t.o: DIRECTOR, 'MONROE COUNTY POaL1C WORKS il00 Simonton Street Key West, Florida 33040 27. WAIVER OF JURY T~IAL. EXCF,PT AS PROHIBITED BY LAW, L~'l'DLORD AND TENANT HEREBY KNOWr~GLY, VOLUKTARILY AND rNTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASBD H~REON, OR ARISING OUT OF, ~DER OR IN CO~W.ECTION WITH THIS LEASE, THIS ~AlVER BEING A H;TF.~IAL INOUCEMEN':' FOR lJ\~DLORD TO E1~ER INTO THE LEASE, 28. BANKRUPTCY OF TENA..~T , IN THE EVEN! TENllliT nL~S ANY FORM OF BANKRUPTCY, LAL1DLORD SHALL BE ENT!TLED TO I~~D!ATE TER~rNATION OF THB AU'roHATIC STAY PROVISIONS Or 11 U.S.C. S352, GRANTING LANDr.ORD COMPLf:':'F. RELIEF AND ALLOWING THE LANDLORD TO EXERCISE ALL OF ITS LEGAL AND EQUITABLE RIGHTS AND RE~EDIES, INCLUDING, WITHOUT LIMITATION, 'rHE RIGHT TO TERMINATE THIS !.EASE AND DISPossess TENANT FROM TtIF. DE~''lISED PREMISES IN ACCORDANCE ~~:'['H FLORIDA. LM1. ADDITIONALLY, TENANT AGREES NOT TO DIRECTLY OR INDIRECTLY OPPOSE OR OTHP.RWISE nF.:~ND AGAINST LAND~ORD'S EFFORT TO GAIN RELIEF FROM THE AUTOMATIC STAY. LANDLORD Srnu.r. BE ENTITLED AS AFORESAID TO THE t,I:o'';'ING OF' THE AUTOMATIC STAY WITHOUT THE NECESSITY OF AN EVIDENTIARY HEARING AND WITHOUT 'raE NECESSITY OR REQUlRE~ENT OF THE LANDLORD TO ESTABLISH OR PROVE THE VALUE OF THE LEASEHO~D, TH~ LACR O~ ~OEQUATE PROT~CTlO~ OF ITS I~~LREST IN THE l.EASEHOLO, OR THE LACK OF EQUITY IN -THE SAm:. TENANT SPECIFICALLY AGREES AND ACKNO~~BDGES THAT THE LIFTING OF THE AUTOMATIC STAY H~RBUNDER BY THE APPROPRIATE BANKRUPTCY COURT SHALL BE DEEMED TO BE "FOR CAUSE" PURSUTll\'':' TO SECTION 362/0) (1). THIS CLAUSE WAS A r1ATERIAL CO~SlDERATIO~ ~n LANP~ORD TO GIVE TRIS LEASE, AND BAD TENANT NOT AGREED TO THIS PROVISION, LAN~LORD HOULD NOT RAVE ENTERED INTO THIS LEASE. 29, REMEDIE~ CUMULATIVE. A~l remedies conferred on Landlord heretn sh~!: be deemed cumulative and shall not be exclusive of any other r~m~dy confer~ed by law. 30. ENTIRE AGREE~~NT I PARTIES BOUND. This lease contains the entire agrCQment between t.he parties hereto and all previOLls negoti,atiolls leading hereto and iL may be modified only by an agreement in writing signed by the BOl Ei!lCQIt""'",r 14 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. executed these presents on this IN WITNESS WHEREOF, the Landlord and Tenant have duly signed and ~ day of ~ lfJrrb 2006. Signed, sealed and delivered in the presence of: ~-~ ~~ Wi~~dlO Witness as o~ By: "LANDLORD" "TENANT" : MONROE COUNTY BOARD OF COUNTY COMMISSIONERS By: ~ Mayor 80 1 r::""'nt.o.....e r 15 03/07/~~06 12:25 FAX 3052953164 51/B5/1g95 21:39 3057454112 MONROE COUNTY PUBLIC DEF C&E INC 141 002/003 '!\GE 02 E:ltHI!:l!T "A" BOl EISENHOWER DRIVE l'Cl'::y WitST, FI. 33040 FtR3~ FI..OOn ....... - - -.. ---- .W .._....-.- ..._ -.... -- ~~ --:-:-:::J j I ~. -..... ..~ "oJ o .., ~ M o ., ... n ,~ 1 I , \ ~ ~ u! ~.._ ...,. : \ \ I ;\ I !\ ~l ~I <\ I t , \ I I , , ::7 '4"rQ T 1-1-+..;- o. 'I. I,. ,'" ;J;; .. i ~ . , .1 i:;" " . ~r!n\ 4~_ _. ~ '" >< 9 z M 2 <'1 .., ~ o o ;:; n ,., "" ..-,..d b :S t:> f'1 o r, ~ o 0:: ,.. :v .... ... :! o .... I I I \ \ I co ~ ""t\I"~ ..0.["'. ""n~ ... ~..,., ,03/07/2006 12:24 FAX 3052953164 01/05/1995 21:39 3B57454112 MONROE COUNTY PUBLIC DEF C8E INC 14I 00 1/003 I~Gl:. 1jC! 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