Item B1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:.Jre.~ ~7) 2009
Bulk Item: Yes ...x...... No
Division: Health Deoartment
Department:
Staff Contact PersonIPhone #: Robert Eadie 293-7500
AGENDA ITEM WORDING:
Approval of lease amendment #1 between MW & JC LLC and HOCC at 3134 Northside Drive
ITEM BACKGROUND:
Original lease agreement between MW & JC LLC and HaeC entered into on February 20th, 2008.
Initial term of lease was for one year with the option to extend by written amendment approved and
executed by both parties.
PREVIOUS RELEVANT BOCC ACTION:
2/28/08 Lease agreement approved and fully executed
CONTRACT/AGREEMENT CHANGES:
Property name change, rent increase from $4,877.80 to $6,500 per month, deletion of "Option to
Purchase", maintenance has been amended/clarified and a new section 32 "Special Provisions" has
been added addressing renewal/termination clause.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
nla
INDIRECT COST:
BUDGETED: Yes _No
COST TO COUNTY:
nla
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty -K- OMB/Purchasing _Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM # e. \
Revised 1/09
LEASE AMENDMENT #1
THIS AMENDMENT, is entered on February 18, 2009, between MW & JC LLC, hereinafter
referred to as the uLessor" and Board of County Commissioners for Monroe County, hereinafter
referred to as the ucounty" or "Lessee".
WHEREAS, on February 20, 2008, the parties entered into a lease agreement for
premises at 3134 Northside Drive for the use of the Monroe County Health Department; and
WHEREAS, that lease was entered for one year with the expectation that a governmental
entity would be able to purchase the premises prior to the expiration of the lease; and
WHEREAS, it is desired to continue the lease due to the inability of such a purchase to be
executed; now therefore
IN CONSIDERATION of the mutual promises and consideration contained herein, the parties
agree to extend and amend the lease dated February 20, 2008, as follows:
1 . Section 1, Paragraph 1 "Property" shall be amended to delete lithe known as the
Community Health Center" and replace that language with "known as HealthCareCenter."
2. Section 4, Paragraph 1 "Rent" shall be amended, effective for the period beginning March
1, 2009 to read:
uA. For the use of the property, the LESSEE must pay the LESSOR the sum of $6,500.00
per month, $78,000 per annum, 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 shall be sent to:
Mark Whiteside, M.D.
MW & JC, LLC
3134 Northside Drive
Key West, FI. 33040."
3. Section 5, Paragraph 1 "Option to Purchase" is hereby deleted in its entirety.
4. Effective March 1, 2009, Section 11, "Maintenance," last sentence shall be amended to
read:
ULESSOR is responsible to maintain and repair the exterior walls and roof of the building, as
well as the electrical wiring, the plumbing system serving the property, and the air conditioning
and heating condensers, air handler units, ducting and vents and any other air conditioning
equipment."
5. A new section 32 shall be added, effective March 1, 2009, to read:
32. "SPECIAL PROVISIONS". This lease may be renewed on a yearly basis for no more than
two years beyond the execution of this amendment. Each renewal shall be confirmed in writing
no less than ninety (90) calendar days prior to lease end date. This lease may be terminated by
either party no less than ninety (90) calendar days notice in writing to the other party, without
cause, unless a lesser time is mutually agreed upon in writing by both parties."
Lease Health Dept Addendum 2009
6. This amendment shall begin on March 1, 2009, and end on February 28, 2010.
All provisions in the contract and any attachments thereto in conflict with this amendment
shall be and are hereby changed to conform with this amendment.
7. All provisions not in conflict with this amendment are still in effect and are to be performed
at the level specified in the contract.
8. This amendment is hereby made a part of the contract.
IN WITNESS WHEREOF, the parties hereto have caused this one page amendment to
be executed by their officials thereunto duly authorized.
LESSOR:
MW & JC, LLC
SIGNED
BY:
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NAME:
TITLE:
DATE:
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA (LESSEE)
By
Deputy Clerk
By
Mayor/Chairman
Lease Health Dept Addendum 2009
2
LEASE AGREEMENT
This Agreement is made and entered THIS 20th day of February, 2008, by MW & JC
LLC (LESSOR), a limited liability company incorporated in the State of Florida, whose
address is 3134 Northside Drive, 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 3134 Northside Drive., Key
West, Florida 33040, which property has been listed for sale; and
WHEREAS, the Monroe County Health Department ("Health Department!'), a State
agency, needs public clinic space and has requested that the County lease with option for
either the Health department or the County to purchase the referenced property for such
use, utilizing the County's share of Health Department funding under a Core Contract
between the State and the County; now therefore
IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION CONTAINED
HEREIN, THE PARTIES AGREE:
1. PROPERTY. LESSOR leases exclusively to the COUNTY the known as the
Community health Center located at 3134 Northside Drive, Key West, FI. 33040, as more
particularly shown on Exhibit A, hereafter the "property," containing 2040 square feet.
Exhibit A is attached and made a part of this Agreement.
2. TERM. The initial term of this Agreement is one year commencing March
1, 2008, and terminating on February 29, 2009, unless earlier terminated by a purchase of
the property by the Lessee or Health Department as set forth in Section 5. The parties
may agree to extend the lease by written amendment approved and executed by both
parties.
3. USE AND CONDITIONS.
A. The property shall be used solely for the operation of the clinics and offices for
the Monroe County Health Department. If the property is used for any other purpose, the
LESSOR shall have the option of immediately terminating this Agreement. LESSEE shall not
permit any use of the property in any manner that would obstruct or interfere with any of
the LESSOR's duties as an owner and LESSOR's responsibilities to maintain the building.
B. The LESSEE will further cause that the use and occupancy of said property shall
be in a careful and proper manner, and shall not allow any waste to be committed thereon.
LESSEE will not cause, or allow to be caused, any nuisance or objectionable activity of any
nature on the property. Any activities in any way involving hazardous materials or
substances of any kind whatsoever other than those normally associated with a health
clinic, 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. Any
medical waste or substances required by state or federal law to be handled or disposed in a
specified manner shall be so handled or disposed.
County Attorney Lease 1
12th Street KW Professional Bldg.
C. LESSEE's contracted agent, the Health Department, its employees and invitees
shall have the non-exclusive right to use the common areas of the condominium such as
and parking, and will abide by such reasonable rules as LLESSOR may from impose
regarding such use. LESSOR has the right to close off common areas from time to time for
repairs and maintenance and other reasonable purposes.
4. RENT. For the use of the property, the LESSEE must pay the LESSOR the sum of
$4,877.80 per month, $58,291.20 per annum, 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 shall be sent to:
Mark Whiteside, M.D.
MW & JC, LLC
3134 Northside Drive
Key West, FI. 33040.
B. For any partial month within the term hereof said rent shall be payable .on a
prorated basis. All rents shall be paid after presentation to the County Clerk of a proper
invoice and interest for late payments shall be as set by the Prompt Payment Act.
C. In the event that funds cannot be obtained or cannot be continued at a level
sufficient to pay the lease price or the Health Department 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 60 days prior written notice of the termination. Payment
under an agreement extending from one County fiscal year to the next is contingent upon
annual appropriation by the Board of County Commissioners.
5. OPTION TO PURCHASE. The parties contemplate that this lease is entered
with an expectation that the parties will pursue a purchase/sale agreement in an amount
not to exceed $650,000. The County is required to obtain two appraisals in order to
purchase real property with an estimated value in excess of $500,000. Upon execution of
this lease, County will arrange for two appraisals of the property. Upon receipt of the two
appraisals and resolution of any other legal issues in a potential purchase, County or Health
department will contact LESSOR regarding negotiation of a purchase/sale contract. Nothing
herein binds the County to purchase the property.
6. TAXES. The LESSEE is exempt from all taxes, including any sales or use tax,
levied by any government agency.
7. UTILITIES. The LESSOR shall pay all charges for solid waste, and the
LESSEE shall pay for all water, sewerage, and electrical services used at the Property
during the lease term.
8. INSURANCE.
A. LESSOR shall obtain and keep in force, insurance coverage insuring against
any loss or damage to the property 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,
County A ttorney Lease 2
12th Street KW Professional Bldg.
occurring upon, in or about the property, 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 property and it is
hereby agreed that the LESSOR shall have no liability for loss or damage to the same from
any cause whatsoever. LESSEE's contracted agent Health Department is also entitled to
limited immunity from claims under Section 768.28, F.S., and carries excess indemnity
coverage.
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.
9. CONDITION OF PROPERTY. LESSOR and LESSEE agree that the Health
Department will take possession of the property in "AS IS" condition. The LESSEE must
keep the property in good order and condition. The LESSEE must promptly repair damage
to the property. At the end of the term of this Agreement, the LESSEE must surrender the
property to the LESSOR in the same good order and condition as the property was 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 property.
10. IMPROVEMENTS. 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 property
together with any structures or improvements constructed by LESSEE. Portable or
temporary advertising signs are prohibited.
11. MAINTENANCE. LESSEE shall maintain the interior of the property, and shall
make all necessary repairs therein, including without limitation, maintenance and repair of
interior walls, windows, and doors. LESSEE shall provide monthly maintenance to any air
conditioning units within the property. LESSEE shall be responsible for cleaning the interior
of the property and maintaining all light fixtures in working order. LESSOR is responSible to
maintain and repair the exterior walls and roof of the building, as well as the electrical
wiring, the plumbing system serving the property, and the air conditioning water tower
equipment.
12. SIGNS. LESSEE may replace the existing exterior sign in the same size and
format, complying with the City of Key West's sign ordinance. LESSEE will not exhibit,
inscribe, paint, or affix any sign, advertisement, notice, or other lettering on any part of the
County A ttorney Lease 3
12th Street KW Professional Bldg.
outside of the property or of the building of which the leasehold property is a part without
first obtaining approval from the LESSOR and LESSEE further agrees to maintain such sig n,
lettering, etc., as may be approved, in good condition and repair at all times.
13. DESTRUCTION OR DAMAGE.
A. If the property is, 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 property is 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 the
property as promptly as possible, all of LESSEE's salvageable inventory and moveable
equipment, furniture and other property.
C. (1) Total Destruction. If the property is 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 property 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 upon 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 property without
prejudice however 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 result 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 not be obliged to repair any damage thereto or replace the same. Except as
expressly provided herein to the contrary, this lease shall 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 property.
14. EVENTS OF DEFAULT. The occurrence of any of the following shall constitute
an event of default hereunder:
A. Discontinuance by LESSEE's contracted agent Health department of the
conduct of its business in the property, for a period of thirty days or longer.
County Attorney Lease 4
12th Street KW Professional Bldg.
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 the 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 property or permitting the same to be empty
and unoccupied, for any consecutive period of thirty days or longer.
E. LESSEE's failure to perform any non-monetary covenant or condition of this
lease within ten (10) days after written notice and demand.
F. LESSOR'S failure to comply with any of the terms herein.
15. 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 property, 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 deemed guilty of trespass, or becoming liable for loss or damage which may
be occasioned thereby; and/or
B. To terminate the lease and re-Iet the property for account of the LESSOR or
within the sole discretion of LESSOR the property 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 addition 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 property.
16. RIGHTS OF LESSEE UPON DEFAULT BY LESSOR. In the event of LESSEE's
breach of its obligations and duties under this agreement, LESSEE shall give the LESSOR
notice in writing of said breach and allow LESSOR ten working days to remedy such defect.
In the event that such defect is not cured within the requisite time, LESSEE may terminate
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 all
damages incurred by reason of such breach, including the cost of relocating to new
property .
County Attorney Lease 5
12th Street KW Professional Bldg.
17. 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 for 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 tease, or for the recovery of possession of the demised
property, 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.
18. INDEMNIFICATION. HOLD HARMLESS. Subject to Section 76B.28t Florida
Statutes, LESSEE shall indemnify and hold harmless LESSOR against and from any and all
claims arising from LESSEE's use of the property 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 against 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 part of
the consideration to LESSOR, hereby assumes all risk of damage to property or injury to
persons, in, upon or about the property, from any cause other than LESSOR's negligence,
and LESSEE hereby waives all claims in respect thereof against LESSOR.
19. 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 exercise 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.
20. LIENS. 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 discharge any liens, judgments, or encumbrances against the property caused
or suffered by LESSEE. It is understood and agreed between the parties hereto that the
costs and charges 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 property, 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.
21. EFFECT 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.
County Attorney Lease
12th Street KW Professional Bldg.
6
22. PEACEFUL POSSESSION. So long as LESSEE pays all of the rent and
charges due and performs all of LESSEE's other obligations hereunder, LESSEE shall
peaceably and quietly have, hold, and enjoy the property throughout the term of this lease,
without interference or hindrance by LESSOR.
23. TRANSFER BY LESSOR. In the event of termination of LESSOR's ownership
of the property by operation of law or by bona fide sale of the property or for any other
reason, then LESSOR shall be released from all liability and responsibility hereunder. In
such event, LESSOR'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.
24. ASSIGNMENT OR SUBLET BY LESSEE. LESSEE may not assign this Lease in
whole or in part to any entity other than the Health Department, nor sublet any portion of
the property, without LESSOR's prior written consent, which consent may be arbitrarily
withheld. The health department has no rights hereunder to assign any interest in this
lease.
A. The LESSEE and signatory to this lease, and any subsequent assignees or
subleasees, shall 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 subJesee 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.
25. SUBORDINATION. NON-DISTURBANCE AND ATTORNMENT.
A. Subordination 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 property, and to all advances
made or hereafter to be made upon the security thereof. This shall be self-operative and
no further instrument of subordination shall be 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. Estopoel Certificate. Within ten (10) days after request by LESSOR, or in the
event that, in connection with any sale, assignment or hypothecation of the property by
County A ttorney Lease 7
12fh Street KW Professional Bldg.
LESSOR, an estoppel certificate shall be required from LESSEE, LESSEE agrees to deliver,
in recordable form, 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
property, or if the property 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 execute, at LESSOR's request, any attornment agreement required by any
mortgagee, or other such person containing such provisions as such mortgagee or other
person requires.
26. NOTICES. Notices in this Agreement, unless otherwise specified, must be
sent by certified mail to the following:
LESSOR:
Mark Whiteside, M.D.
MW & JC, LLC
3134 Northside Drive
Key West, Ff. 33040
COUNTY/LESSEE:
Administrator
Monroe County Health Department
1100 Simonton Street
Key West, FL 33040
And
Richard Klitenick, Esq.
624 Whitehead Street
Key West, FL 33040
County Administrator
1100 Simonton Street
Key West, FL 33040
27. 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 property or in the contracting for improvements to the
property.
28. GOVERNING 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 this 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 any 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
29. INCONSISTENCY. 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.
County Attorney Lease
12th Street KW Professional Bldg.
8
30. CONSTRUCTION. 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.
31. 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 caused this Agreement to be executed by its
duly authorized representative.
LESSOR MW & JC, LLC
By
Title
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D uty Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE CO , FLORIDA
By
yor/Chairman
County Attorney Lease
12th Street KW Professional Bldg.
9
Y{openy InIormatIOn tor ~7~'\ 194
Page 1 of 2
MONROE COUNTY PROPERTY ApPRAISER
PROPERTY INFORMATION FOR:
Alternate Key: 8785194
RE Number: 00065780-000203
r Property Details
OWNER OF RECORD
MW & JC LLC
3134 NORTHSIDE DR
KEY WEST FL 33040
PHYSICAL LOCATlOJ'l{
Unit Number: C
3134 NORTHSIDE DR KEY WEST
LEGAL DESCRIPTION
OFFICES AT NORTHSIDE, A CONDO UNIT C
& .066666M'0 COMMON ELEMENTS OR1144-2134
OR1581-1341142Q/C(JMH) OR1590-2152/53(CMS)
OR 1848-203/04(CTT)
SECfION. TOWNSHIP. RANGE
33 - 67 - 25
AFFORDABLE HOUSING No
Mn.IAGE GROUP
lOKW
PC CODE
Condominium Details
CONDOMINIUM
PROPERTY MAP
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Parcel Value History
TAX ROLL YEAR Bu
FOOTAGE
2045
5
5
2
2
2
:2
OFFICES AT NORTHSIDE
YEAR BUll..T
1991
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994
1993
ILDlNG MISCELLANEOUS LAND JUST EXEMPTIONS (NOT TAXABLE
IMPROVEMENTS INCLUDING SENIORS)
58,090 0 0 558,090 0 558,090
16,750 0 U 516.750 0 516,750
0 482,454 1 482,455 0 482,455
0 331,289 1 331.290 0 331.290
() 33 1,289 1 331,290 0 33 J ,290
0 310,839 1 310.840 0 3 J 0,840
0 266,994 1 266,995 0 166.995
(1 266,994 1 266,995 0 266,995
0 261. 759 1 261,760 0 '261.760
61. 760 0 1 261.761 0 261,761
b 1,760 0 1 261,761 0 261.76 ]
61. 760 0 1 261.761 0 261,761
bl,760 0 261,761 0 '261.761
34.664- 0 EXHIBIT 234,665 0 234,665
34,664 0 234,665 0 234.665
2
I~
2/5/2008
t.J,operty Information for 87P.t: 194
Page 2 of 2
o
196,801
o
1992 2 _ ,_
1991 J 96,800
Parcel Sales History
N QJf: -Dr R RE;(,'QRPSARE T"YrK~'\u,XIWQIQltlRt~f: .MQNTHS.~E:HJN.Q.t]{Ql\lTflJ~: .PAJt;QIS,<\I.c,f~L If A RfX":};I'(l: SALt: VOl';S
NQI..s.tlQ1YJI.r..gLLA~E..~.1YJ.:_~l\lR_Q[fJ(':~J'..LMt.IO_PJWJ;:_E.s_S_U.,
OffiCIAL RECORDS
BOOK/PAGE
1848/0203
1590/2152
1581/134 ]
1144/2134
SALE DATE
~
INSTRUMENT
01/2003
07!1 999
{) 1/1 996
09/1990
349,000
1
260,000
1
WD
WD
oc
WD
http://wVvw .mcpafl.orgl datacenter/search/record.asp
2/5/2008