01/12/2009 to 01/12/2010...01/28/2009 Lease
LEASE AGREEMENT
This Agreement is made and entered into by MONROE COUNTY, a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL
33040, (COUNTY or the LESSOR), and Southernmost Homeless Assistance League (SHAL or
the LESSEE), a non-profit corporation incorporated in the State of Florida, whose address is
P.O. Box 2990, Key West, FL 33045-2990 .
WHEREAS, the BOCC leases premises to other governmental agencies and not-for-
profit organizations servicing the County community; and
WHEREAS, SHAL has requested use of County office space; and
WHEREAS, SHAL provides support to homeless programs in the community; and
WHEREAS, the COUNTY owns an office building known as the Gato Building at 1100
Simonton Street, Key West, Florida; and
WHEREAS, the Gato Building has a number of vacant offices due to reduction of the
County workforce; and
WHEREAS, the BOCC has determined that Is in the best interests of Monroe County
to lease 75 square feet of office space at the Gato Building;
NOW THEREFORE, IN CONSIDERATION of the promises contained herein the parties
agree to the following:
1. PROPERTY. The COUNTY leases exclusively to the LESSEE the office space
adjacent to the lobby to the Social Services Suite in the Gato Building and which is shown
on Exhibit A, hereafter the premises. Exhibit A is attached and made a part of this
Agreement.
2. TERM. The term of this Agreement is 1 year running from January 12,
2009 through January 12, 2010.
3. USE AND CONDITIONS. The premises shall be used solely for the purposes
of orovidina suooort. such as oreoarina grant aoolications and coordinatina collaborative
oroiects, to other not-for-profit agencies providing services to the homeless in Monroe
County. If the premises are used for any other purpose, the COUNTY shall have the option
of immediately terminating this Agreement. LESSEE shall not permit any use of the
premises in any manner that would obstruct or interfere with any COUNTY functions and
duties.
The LESSEE will further use and occupy said premises in a careful and proper
manner, and not commit any waste thereon. LESSEE will not cause, or allow to be caused,
any nuisance or objectionable activity of any nature on the premises. Any activities in any
way involving hazardous materials or substances of any kind whatsoever, either as those
terms may be defined under any state or federal laws or regulations or as those terms are
understood in common usage, are specifically prohibited. The LESSEE will not use or
Page 1 of 5
SHAL Lease Agreement
BOCC 1/28/09
occupy said premises for any unlawful purpose and will, at LESSEE's sole cost and expense,
conform to and obey any present or future ordinance and/or rules, regulations,
requirements and orders of governmental authorities or agencies respecting the use and
occupation of said premises. These covenants of the LESSEE shall also be binding on the
use of the personnel, volunteers or clients of LESSEE in accessing any common areas of the
Gato Building.
No signs of any kind will be permitted on the external facade of the building or in the
parking lot. A sign no larger than 8 V2 " X 11" may be posted at the entry door to the
premises.
4. RENT. For the use of the premises, the LESSEE must pay the COUNTY
the sum of $3,765.75 per year, for 75 square feet of office space at $50.21 per square
foot, which rental sum is due in monthly installments on the first day of the month payable
in advance, at $313.81 per month for nine months and $313.82 per month for the
remaining three months. The twelve monthly payments shall be remitted to Monroe
County Clerk's Office, 500 Whitehead Street, Key West, FL 33040.
a) Additional consideration from each party:
(i) SHAL shall provide In-kind services, such as answering phones for County
staff during lunch hours or alerting County Social Services staff if a client
enters the Social Services Suite, assisting or collaborating with County staff
on grant applications related to low income and/or homeless individuals, as
part of the consideration for the use of the premises.
(Ii) Utilities Electricity, office maintenance, office cleaning, and local phone calls
will be provided by LESSOR at no additional cost to LESSEE, unless the
occupation of the premises has a significant impact on any of such costs to
LESSOR, in which case the parties will either renegotiate the consideration
or mutually terminate this agreement.
(iii) SHAL shall be entitled to use the common areas of the Gato Building, such
as bathrooms, and the Social Services Suite, such as the lobby and
conference room, incidental to the purpose of their occupancy of the
premises.
5. TAXES. The LESSEE must pay all taxes and assessments, including any sales
or use tax, levied by any government agency with respect to the LESSEE's operations on
the premises.
6. INSURANCE. LESSEE shall, throughout the term of this lease, maintain
general liability insurance in a minimum amount of Three Hundred Thousand Dollars
($300,000.00),; vehicle liability insurance in a minimum of Three Hundred Thousand Dollars
($300,000.00); and worker's compensation insurance for bodily injury or death to anyone
person or number of persons in anyone occurrence and not less than One Hundred
Thousand Dollars ($100,000.00) unless waived or modified by County Risk Management
per Administrative Instruction 4709. The insurance policy (or policies) shall name Monroe
County as an additional insured.
Page 2 of 5
SHAL Lease Agreement
BOCC 1 /28/09
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.
7. CONDITION OF PREMISES. The LESSEE must keep the premises in good
order and condition. The LESSEE must promptly repair damage to the premises. At the
end of the term of this Agreement, the LESSEE must surrender the premises to the
COUNTY in the same good order and condition as the premises were on the
commencement of the term, normal wear and tear excepted. The LESSEE is solely
responsible for any improvements to land and appurtenances placed on the premises.
8. IMPROVEMENTS. No structure or improvements of any kind shall be placed
upon the land without prior approval in writing by the County Administrator, a building
permit issued by COUNTY 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 landlord'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 Board of County Commissioners accepts in writing
delivery of the premises together with any structures or improvements constructed by
LESSEE. Portable or temporary advertising signs are prohibited.
LESSEE shall perform, at the sole expense of LESSEE, all work required in the
preparation of' the property or premises hereby leased for occupancy by LESSEE; and
LESSEE does hereby accept the leased property or premises as now being in fit and
tenantable condition for all purposes of LESSEE.
COUNTY reserves the right to inspect the leased area and to require whatever
adjustment to structures or improvements as COUNTY, in its sole discretion, deems
necessary. Any adjustments shall be done at LESSEE's sole costs and expense. Any
building permits sought by LESSEE shall be subject to permit fees.
9. HOLD HARMLESS. The LESSEE is liable for and must fully defend,
release, discharge, indemnify and hold harmless the COUNTY, the members of the County
Commission, County officers and employees, and County agents and contractors, and the
State, its officers and employees, 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 attorneys' fees and costs - that arise out of or are attributable to
the LESSEE's operations on the premises except for those claims, demands, damages,
liabilities, actions, causes of action, losses, costs and expenses that are the result of the
sole negligence of the COUNTY. The LESSEE's purchase of the insurance required under
this Agreement: does not release or vitiate its obligations under this paragraph.
Page 3 of 5
SHAL Lease Agreement
BOCC 1 /28/09
10. NON-DISCRIMINATION. The LESSEE for itself, its personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree that no person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of premises or in the contracting for improvements to the
prem ises.
11. TERMINATION. The COUNTY may treat the LESSEE in default and
terminate this Agreement immediately, without prior notice, upon failure of LESSEE to
comply with any provision of this Agreement. This Agreement may be terminated by
COUNTY if and when, for any reason its controlling lease is terminated by the State, upon
provision of reasonable notice. LESSEE may terminate this Agreement upon giving thirty
days prior written notice to COUNTY.
12. DEFAULT-WAIVER. The waiver by the LESSEE or the COUNTY of an act or
omission that constitutes a default of an obligation under this Agreement does not waive
another default of that or any other obligation.
13. ASSIGNMENT. The LESSEE may not assign this Agreement or assign or
subcontract any of its obligations under this Agreement without the approval of the
COUNTY's Board of County Commissioners. All the obligations of this Agreement will
extend to and bind the legal representatives, successors and assigns of the LESSEE and the
COUNTY.
14. SUBORDINATION. This Agreement is subordinate to the laws and
regulations of the United States, the State of Florida, and the COUNTY, whether in effect on
commencement of this lease or adopted after that date.
15. 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.
16. GOVERNING LAWS/VENUE. 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.
17. CONSTRUCTION. This Agreement has been carefully reviewed by the
LESSEE and the COUNTY. Therefore, this Agreement is not to be construed against any
party on the basis of authorship.
18. NOTICES. Notices in this Agreement, unless otherwise specified, must be
sent by certified mail to the following:
COUNTY:
County Administrator
1100 Simonton Street
Key West, FL 33040
LESSEE
Mark Szurek, Chair
Southernmost Homeless Assistance League (SHAL)
P. O. Box 2990
Key West, FL 33045- 2990
SHAL Lease Agreement
BOCC 1 /28/09
Page 4 of 5
19. RELATIONSHIP OF PARTIES. SHAL is, and shall be, in the performance of
all works, services, and activities under this Agreement, an independent agency, and not
an employee, agent or servant of the BOCC. SHAL shall exercise control, direction, and
supervision over the personnel and volunteers who use the premises. SHAL shall have no
authority whatsoever to act on behalf and/or as agent for the BOCC in any promise,
agreement or representation other than specifically provided for in this agreement. The
BOCC shall at no time be legally responsible for any negligence on the part of SHAL, its
employees, agents or volunteers resulting in either bodily or personal injury or property
damage to any individual, property or corporation.
20. 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.
21. EFFECTIVE DATE. This Agreement will take effect on January 12, 2009.
IN.,WITNESS WHEREOF, each party has caused this Agreement to be executed by its
dulyautftO!ited representative.
,;~) ".,
\ \#. '>-I ~/:':>
(SEAL)\ \,.;:::,
ATTEST':' 'l)ANN'{ L.. KOLHAGE, CLERK
By.a~
De uty Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~.,,~ J!. )f)~,~
Mayor/Chairman JAN 2 8 2009
--.....
SOUTHERNMOST HOMELESS
ASSISTANCE LEAGUE
/7...~ ~~
By I
Title ClllO/ . m I'-
1/1 ~ 7. lJ fZ-A IL. f/J - f)
rfl7. ./ 0 .......
i.,f~ j
N
\0
-__,_ ....'.~ t'-
."
-
r-
,."
o
"
o
;;0
." ::0
:z ,."
~ n
.. 0
en :::0
Q) 0
SHAL Lease Agreement
BOCC 1 /28/09
Page 5 of 5
;=:~~ ~:? :?'
~~:. ~?:
:-<;;...~
.,.., C)
j-= rrt
-
c::
<l>
E
t
ro
0..
<l>
0
~ .r=.
<l ...
ro
<l>
~ :c
-+
-
-0
- -
-J:
><
llJ
~ J
u1 L
.-dcr~
f~ c-f!
<ll d ~ S
~~1JL
1/
.
......
c
(j)
Q) E
-0 CD
o ~
O~
c
W.
-
C
.r=.Q)
......E
rot
<l> .CO
:co..
<l>
o
CD
+-,
...
Q)
C
<l>
.r=.
()
......
2
<l>
()
os;
-".-.......
CD
(j)
ro
'0
o
(j)
Ir:
o
o
..
II.
lI-
I)
Ir:
-
II.
"E
co
:>.
t
::J
o
o
CD
()
,....~
<l>
(j)
~-e-." ....
"0
o
(j)
[
E
.- 0
co 0
~o::
EXIT
rl
X
-
-l
rJ)
CD
()
.~
<l>
(j)
ro
"0
o
.., J.ll_.~ ..~..~
Aon Assn Services, a Division 261 Page 1
INVOICE # 184
of Affinity Ins.Services,Inc Ao. OP DATE
1120 20th St NW SOOUU HOM3-1001 CB 12R3/08
Washington,DC 20036 NonProfit D&O(UWB)
Phone : 800-432-7465 Fax: 202-857-0143 muey.
NOA0303413
COMPANY
Twin City Fire Ins. Co.
r HOnnCER
Southernmost Homeless Chris Blanchard_
EFFECTIVE E]PIRATON BALANCE DUE ON
Assistance League,Inc. 03/18/09 03/18/10 03/18/09
P.O.Box 2990 TIOUNTPAm I AnnFsr DDE
Key West,FL 33045 j S 1,402.79
...PLEASE RETURN TOP PORTION WITH REMITTANCE"•
Itm# Trn Date Trn Type Policy if Description Amount
INVOICE i 184261
455808 12/23/08 RE.N UBDO NOA0303413 Policy rnnew4 S 1,379.0
455800 12/23/08 SUIt UBDO NOA0303413 Stale Surcharges/Fogs S 137
455810 I2/23/03 PHP. URIX> NOA0303413 Policy Administrative Charge $ 10.0
Invoice Balance: S 1.4027
PAYMENT MUST BE RECEIVED BY POLICY INCEPTION DATE OR THE
COVERAGE WILL BE CANCELLED
PLS REMIT PMT TO: Aon Association Services, P.O. Box 15584A,
Newark, NJ 07195-0584 .
r
Additional Entity Endorsement
It is understood and agreed that Item A,ENTITY, of the Declarations has been amended
to include:
Monroe Comity Board of County Commissioners
The additional premium generated by this action is: $.00
All other terms and conditions remain unchanged. This endorsement is a part of your
policy and it takes effect on the effective date of your policy, unless another effective date
is shown below.
This section is to be completed only when the endorsement is prepared after the policy is effective.
Policy Number: NOA0303413
Effective Date of Endorsement: 3/18/2009
Endorsement's Print Date: 3d8/2009
Entity: Southernmost Homeless
2005 Edition
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
is requested that the insurance requirements,as specified in the County's Schedule of Insurance Requirements,be
waived or modified on the following contract.
Contractor: `.-F3_ r'�'vMjs Kt;cyJ eiS _Lek .„`......VI.Nc"eLair
Contract for: k4$Sj 4C>I Ice , IClfr 1 h C c4-(1). F�IUn�`y1
Address of Contractor: TO_%_01. as,,9 o ,KQ`t .40 lit i EL j-U
Phone: 3//�1C. _- ((I3��3`- . (F\F'a�`.— /� 1,
Scope of Work: _ 4“i(CXk•v UAYC\�\— o SeA N_c CS CA,tict -Ot-4- L.
401 1h-ci4.oLtCS call,k 0 prcc�i�kP cs2.4 ALe,1 for
ev Ito, k. e SSn 4-Y=C -°aP (tit rise. .,.a.t.�e.le SSlilt S
Reason for Waiser; . kli d 'S Vak O�i:e\ CJ.wt..f ceLt Je& Vine
1 t
tecpaa,t to t��J'Q _UC' Q �_Cc�tCt letC-e-t,Cv-Ce
Policies Waiver t cc
will apply m: U.LS klk _� :JOt iiminSr-- fct-fSel
Signature of Contractor: Laaidciuk
- — .(Q.C_
Approved
Not Approved _ _
Risk blanagemcnt III,\\\JJJYYY1111� \diln//.d6. (l.ZL2V/ ,'J--��'�
Date - . 3'-IR'Ili_. — —
County:Administrator appeal:
Approind- _ Not Approved: _
Doc IHoard of t'nunty Commissioners appeal:
Approved: _ Not.Approved:
Meeting Date' -
\tititinigratairi Instruction
-Ln96
IOU
2005 Gliuion
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
•
It is requested that the insurance requirements,as specified in the County's Schedule of Insurance Requirements,be
waived or modified on the followingllc contract. (1 ((�� O(� 11 f _
Contractor: zz 5'�_ASRSt K wtQe&S� -ttL RM 1 erari
I _ n -�` /� [ V
Contract for. ka se, 'k� ce sc!°_.t Y1 l9 W4 Q
Address of Contractor: it %th4 _as 90 „Ice 1eeifi•
•
Phone: a/�C0 (39 3 -3 k1 /� A
Scope of Work: OO[)(r%LASAI r „vd .^c,1
3LQ ._ ot0c "�te,�,(L
Lcui jc_e1 -Coy-
Ko,,.,m_le5- of '� o ._ c. iLs1c ck e.mr.-se(esftAti S r
Reason for Waiver: 1Z r}� kid. l h �� .€,1„1`0fie_e ' Ur'vQ )OiT-f i h€
San ccct-rmsna,--r ris�s. toety emu_ n ,-C/S, r tA2ekat+`�
Policies Waiver )0sPk PYC Ce �S91(r].e. �41�et� rt�w r eI�d
will apply to:
l w Stern(,.?.
Signature of Contractor:
Approved Not Approved
Risk Management -
Date
County Administrator appal:
Approved: _ _ Not Approved: _
Data
Board of County Commissioners appeal:
Approved: _ Not Approved:
Meeting Date:
Administration Instruction
44700.6 104
2005&boo n
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements,as specified in the County's Schedule of Insurance Requirements,be
waived or modified on the following contract.
Contractor: 1)„ -�1�
(y..(y.. esSa-31YY9i1 �"Lwxa ___
Contract for: tea-St$14 atC_C. C` AD g '
Address of Contractor POL. __ e1i-14Q ±C.12.3 t� rV t 7.�
a]Da ` ---
Phone: Zj3 11/Gt •
.1Ln
Scope of Work: CanNjpy` ,t....„_ ` _ * r �1 •
W I� Ck204..Setalab— a�srGl1-0W
Arl, > k
Reason for Waiver: —Sr3[5L.L. _lth 14-4.tae j.Q�� �-_ _I 1 V � 04 0
! &w -ee r I�tf..a�4 SmAa /Jl L�1pw'%OfGi lo.a-�l V�A.A�,
Policies Waiver at �,_ <-
will apply to:
— — —
Signature of Contractor:
isped Not APpmved
Risk Management Y 1_
Date —44—d7-/�/'i /
County Administrator appeal:
Approved: _ Not Approved:
Date:
Board of County Commissioners appeal:
Approved: _... Not Approved:
Meeting Date:
•
Administration Instruction
44709.6
104
1