Item L1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 19, 201 Division: Monroe County Health Department
Bulk Item: Yes x No Staff Contact: Robert Eadie 30 o - 5 6 10
AGENDA ITEM WORD ING*. Approval of the I " lease renewal option between MW & JC LLC
and Monroe County Board of County Commissioner to provide the premises at 3134 Northside Drive,
Key 'west to be used by the Health Department as a clinic.
ITEM BACKGROUND: The current lease for this clinic entered into in December 2010 terminates
February 29, 2012. The Monroe County Health Department wishes to continue operating a health care
center from this location and the parties hereto desire to enter into this 1st option lease renewal.
PREVIOUS S RE LEVANT BOCC ACTION: At the November 17, 2010 meeting, the BOCC
approved a Core Contract between Monroe County and the Florida Department of Health to fund
$817,247 to the Health Department for current fiscal year. At the December 15, 2010 meeting the
OCC approved the original lease agreement. At the October 19, 2011 meeting, the BOCC approved
Core Contract between Monroe County and the Florida Department of Health for current fiscal year. .
C NTRACTAGREEMENT CHANGES: Pursuant to the Core Contract in place between the
County and the Health Department, the State reimburses the County for 100% of the rental amount.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $66,000 INDIRECT COST; BUDGETED: Yes X No
100% reimbursed from. State
DIFFERENTIAL OF LOCAL PREFERENCE:
County share obligated
COST TO COUNTY: same SOURCE of FUNDS,: S: under Core Contract
AVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED Y. County Atty OM ur sing Risk Management r
DOCUMENTATION: Included X NotRequired�
AGENDA ITEM
Revised 1/09
MONROE COUNTY BOARD of COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: MW & JC LLC Contract #
Effective Date: March I, 2012
Expiration Date: February 28, 2013
Contract Purpose/Description:
Lease for premises located at 3134 Northside Drive, Key West, Florida to be used by
Monroe County Health Department as a clinic
Contract Manager: Robert Sadie 09-10 MC Health Inc t/S top ##1
(Name) ((Department/Stop #)
for BOCC meeting on 01 19 12WNPOWN Agenda Deadline: 01 03 12
CONTRACT COSTS
Total Dollar Value of Contract-, $ 600. o Current Year Portion: 38,500.00
To be reimbursed 00% by State
Budgeted.?Yes X No Account Codes: ooj_- 09k
Grant: $ NA -
County Math; $ N,A -
ADDITIONAL COSTS
Estimated Ongoing Costs: /yr For:
(Not included in dollar value above) g. maintenance, utilities,
CONTRACT REVIEW
. .................
janitorial, salaries, etc.
Changes
Date Out
Date In
Needed ' eW
Division Director
�
Yes[] Noe
�+ **** pj #
Risk
}
Malta men
ly
�, F.� ��
Y No
O.M. . u c. sing
+1M
Yes No
County Attorney
Yes[:] No.,
Comments.
(U B Form Revised 2/2 1 MCP #2
1st LEASE RENEWAL OPTION AMENDMENT
This First Renewal Option Amendment is rude and entered into on this day of
2012, between 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 T COMMISSIONERS
for MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Ivey West, FL 33040, ("COUNTY" r "LESSEE").
WHEREAS, EAS, n December 15, 2010, the parties entered into a lease agreement ("Lease") for
premises at 3134 Northside Drive, Key West, FL, for the use of the Monroe e County Health
Department and
WHEREAS, the parties have found the Original Lease to be mutually beneficial and;
WHEREAS, EAS, both parties find that it would be mutually beneficial to enter into thlsI t
renewal option amendment; now therefore
IN CONSIDERATION of the mutual al promises and covenants set forth below, the parties
agree as follows:
In accordance with the original agreement, paragraph 2, TERM
. The County exercises option to renew the Original Agreement for the first " f the
two 2 additional one year periods. This tern will commence on March 01, 2012 and terminating on
February 2, 2013.
2. In all other respects, the provisions of the Original Lease executed December 15,
2010, as amen d ed, remain in full force and effect.
IN WITNESS WHEREOF, F, the parties hereto have caused these presents to be executed in
their respective names.
W.TNESSES,`FOR LESSOR
F
, n t f
S'jgdatur
Print name
(SEAL.)
ATTEST. DAN Y L. KOLHAGE, CLERIC
By
Deputy Clergy
LESSOR: : MW & JC, LLC.
By f
Title
Print name
LESSEE- BOARD COUNTY COMMISSIONERS
F MONROECOUNTY
�.
Mayor/Chairman
MUNROE CUIiN'iY ATTORNEY
I14PRQV ED T
.,
CYNTHIA L. HALL
ASS19TANT COUNTY ATTORNEY
LEASE AGREEMENT
TE►is Agreement is made and entered this day of �t ^'4 20I0, by MW & JC
LC (LESSOR), a united liability company incorporated in the State of Florida, whose address is 3134
Northside Drive, and the BOARD of COUNTY COMMISSIONERS for MOLAR E COUNTY, a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040,
("COUNTY" ]TY" or "LESSEE"),
WHEREAS, LESSOR owns an office building situated at 3134 Northside Drive., Key West,
FloridaFlon*da 33040, which property has office space for rent; and
WHEREAS, the Monroe County Health Department "Health Department"), a State agency, needs
public clinic space and has requested the County to lease space at the referenced property for such use,
utilizing the County's sure of Health Department funding under a Core Contract between the State and
the County; now therefore
IN CONSIDERATION THE MUTUAL PROMISES AND CONSIDERATION
CONTAMD HEREIN, THE PARTIES AGREE:
1. PROP TY. LESSOR leases exclusively to the COUNTY that certain space known as
ealthCareCenter located t 3134 Northside Drive, Key west, FL 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.M. The initial term of this Agreement is one year commencing March l , 2 11, and
terminating on February 29, 2012, unless earlier terminated as set forth in provisions contained elsewhere
in this lease. The parties shall have the option to renew this Agreement by written amendment, approved
and executed by both parties, for two 2 additional one-year periods at terms and conditions mutually
agreed upon by the parties, exercisable upon written notice given at least ninety o days prior to the end
of the initial term.
This lease may be terminated by either party no less than ninety 0) calendar days notice
in vv it�ng to the other party, without cause, unless a lcsser tune is mutually agreed upon in writing by
both parties.
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 LESSON. shall
have the option of immediately tin Ling this Agreement. LESSEE shall not permit any use of the
property in any manner that would obstruct or interfm witb any of the L SS Rts du es as an owner and
LESSOR's responsibilities to maintain ffie building.
B. The LESSEE will further cause that the use and occupancy of said property shall
e 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 term may be defined under any state or
federal laws or regulations or as those terns 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 shad be so handled or disposed.
C. LESS 's contracted agent, the Health Department, its employees and invitees
shall have the non-exclusive ive right to use the common areas of the condominium such as and parking, and
Monroe County Health Department Page 1
3134 1 orthside Dive, Ivey West, .
will abide by such reasonable rules as LESSOR may from impose regarding such use. LESSOR has the
right to close off'` common areas from time to Lire for repairs and maintenwce and other remonable
purposes.
4. RENT.
A. For the use of the property, the LESSEE must pair the LESSOR the sum o
$5,500.00 per month, $66,000.00 per annurn, payule in monthly installments in anr..m upon receipt of a
, rOM invoice pursuant to the Florida Lai Govemment Prompt Payment Act, Sections 218.70, Florida
Statutes, et seq. Rent payments shall be seat to:
Mark Wbtesid , M.D.
MW & JC, LL
3134 lorthsido I've
Key West, F 1, 33040
For any partial month wldiin the term hereof said rent shall be payable on a
prorated basis. All rents shall be paid after premtation to the County Clerk of a proper invoice and
interest for late payments shall be as set by the Florida Local Goverment Prompt Payment Act.
C, In the event that finds coot be obtained or cannot be continued at a level
sufficient to pay the lmw price or the Health Department acquires adequate office space in aCounty-
owned or State-owned building, this lease may be terminated by the LESSEE providing to LESSON. at
least 60 days prior written notice of the termina o . Payment under an agreement extending from one
County fiscal year to the next is contingent upon annual appropria ion by the Board of County
Commissioners.
I� . The LESSEE is exempt from all taxes, including any sales or use tax, levied by
4my government agency.
61 S, The LESSOR shall pay all charges for solid waste, and the LESSEE shall
pay for all water, sewe ►ge, and electrical service used at the Propey during the lease tom.
7. INMMU
A. LESSOR shaU 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 insumnee immuring LESSOR and LESSEE against any and all claims for
damages to person or property, or loss of life or of property, onming 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 cam*es excess liability coverage, and is subject to
li�ted immunity from clalm under Section 768.28,F.S. t shah b�e the exclusive obligation of LESSEE
to insure any and all contents of the leasehold property and it is hereby agreed #hat the LESSOR shall
have no liability for loss or image to the same from any cause whatsoev r. L SSEE's contracted agent
Health Department is also entitled to l �xted immunity from clahns under Section 768.28, F .., and
carries excess indemnity coverage.
7be LESSEE must keep full force and effort the required insurance during the
terra of tWs Agreement. If the m'surance policies originally purchased whioh Meet the requirements of this
lease are canceled, terminated or reduce in coverage, then the LESS must immediately substitute
complying policies -so that ago gap + overage occurs. Copies of current policy certificates shall be filed
with the � whenever acquired or amonded.
91 L of O ROPE . LESSOR and LESSEE agree that the Health
Department will �lDe possession of the property in "AS ISM' condition. The LESSEE must keep the
Monar, County HaAh Depu ent page
3134 Ncnihsldc Drive,, Key West. FL
property in good order and condition. The LESSEE must promptly repair damage to the property, At the
end of the term of this A&Ma t# the LESSEE must surre der the piroperty to the LESSOR in the same
good order and condition as the propWy was on the coi=encemc t f the term nomal wear and tear
excepted. The LESSEE is solely responsible for any impr vernents, other than those specified herein,,
which are placed on the property,
10. 1WROYEMENTS. No structre or impro emen s of any kind shall be placed upon the
land without prrior approval in wring by the LESSOR, a building petit issued by City of Key west and
any other agency, federal orstate, perimits required by law, Any such struck or improvements stall be
constructed in a good and workinaoike marurer at LS is sole cost and expmse, Subject to any
LESS 's ltcn, any stmeturus or i provcme is constmcted by LESSEE shall be removed by the
LESSEE at L SS 's sole cost and expense, by midnight ght on the day of termination of this Agreement or
exter ion hereof, and the land restored as neArly as practical to its condifion at the time this agreement is
executed unless the LESSOR adepts in Mmiting delivery of the property together with any structure or
improvements constructed by LESSEE. Portable or temporary advertising signs are prohibited.
1L.AJAMEW LESSEE shall maintain the interior of the ert and shall make
property,
all necessary emirs therein, Including without limita on, maintenwce and repair of interior walls,
windows, and doors. LESSEE sill provide monthly maintenance to any air conditioning units within the
property. LESSEE shall be responsible for cling the interior of the property and maintaining all light
fixes in working order. LESSOR is responsible to maintain and repair the exterior walls and roof of
the building, as well as the electrical wixin , the plumbing stem serving the prop, and the air
conditioning and heating ..orderers, air handler units, ducting and vents and any ' other air conditioning
equipment.
12. �S. LESSEE may replace the existing ex#�or sign in the same size and 'or at,
r c plying with the City of Key west's sign ordinance. LESSEE will not exhibit, inscribe, paint, or affix
any sign, advertisement, nodee, or offer lette xg on any part of the outside of the property or of the
building f which the leasehold property is a part without first obtaining approval from the LESSOR and
LESSEE fianher agrees to inaintain such sign, lettering, etc-, as may be approved, .ire good comdi ten and
repay at all tires,
M N MAQ i
A. If the proper is, or any pit thereof shall be imaged her fire or other casualty,
LESSEE shall give immediate nonce thrf to LESSOR and this lease shall continue in full force and
efect except as hereinafter set fare
L , If the property is partially damaged or rendm-ed partially unusable by fire or other
casualty Insured under the coverage obtained by the LESSOR, the damages th"o shall be repaired by
LRSSOR, to the extent prance prod 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 L S R!s control. After any such m"ty, LESSEE will cooperate with L SS 's
restoration by removing from the property as promptly as possible, all of L S 's salvageable inventory
and moveable equipment, f4miture and other property.
C. (1) Total Destruction, Ifthe property is rendered wholly unusable, the Line
shall tenninate immediately upon the date of such disaster, and no rent SWl be due after such date.
Partial Destruc6on. If the proper be so damaged that the LESSOR shall
decide to demolish it or rebuild it, then, in such events, L SSO ar LESSEE may elect to tem-dnate this
lease by written notice to the otber given wit n such casualty, speci f ring 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 ompletely as if such date wem the slate set forth above
Monroe County Hwhh Dqxttment age 3
3134NodbSide Drive, Key West, FL
for the temina6on of this lease. In such evert, LESSEE will forthwith quit, suede' and vacate the
property without Prejudice however to L SS l !s rights and remedies against LESSEE under the lease
provisions in effect prior to such terminabon, 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 SS `s inventor' and/or furnishings or =Y to r e ipme t, improvements,
r appurtenances removable by the LESSEE, and ages the LESSOR will not be obliged to repair any
damage thereto or replace the satne. Except as expressly provided heremn to the cot r r, this lease shall
not tenTrinate nor shall there be any abatement of rent a a �rslt of a or other casualty which i the
fault of, or cam by the LESSEE. LESSEE shall be responsible to insure the improvements and repairs
which LESSEE provides to the property.
14, MNTS O DE AUL . The occurrence of any of the following shall constitute are
event of default hereunder-;
A. Discontinuance by LES Ers contracted agent Health Depanment of the conduct
of its business in the property, for a peniod of thirty clays or long.
B. The filing of a petition by or against LESSEE for adjud.ica6on as a barilmpt or
insolvent, or for its reorgani a#ien or for the appointment of a receiver or proceedings under Chapter X
and/or Chapter IX of the Federal Bankruptcy Law; an assigment by LESSEE for the benefit of creditor's;
or the taldng possession ofthe proper of LESSEE by any governmental offices', court appointed receiver
or agency pursuant to statutory authority for the dissolution or liquidation f LESSEE.
C. Fails of LESSEE to pay when due any installment of rent hereunder or any
other sure herein required to be paid by LESSEE.
D. Abandonment or desertion of the property or permitting the same to be empty
and nnocoupied, for any consecutive period of thirty days or long :
E, LESS 's failure to perform any non -monetary covenant or condition of this
lease within ten 1 days after written noe and demand.
F. LESSOR'S fAillre tO coply with any of the tcrms herein.
1, g S. of LESSOR 1T'AUL' ' BY L.ESSEE. If the, LESSEE is, in dcfault
as defined in subparagraphs A to D inclusive of Pamgraph 13 and if the same is not cured by the LESSEE
within five 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
ender the laws of the State of Florida shall have any or all ofthe following rigbts:
A. To re-enter and mnove all persons and property from the property, and such
pipe* may be removed and stored in a public wamhouse or elsewhere at the cost of and for the account
of LESSEE, all without service of notice or resort to lei process and without being domed guilty of
trespass, or becoming liable for loss or damage which may be occasioned thereby; and/or
B. To terminate the lease and re -let the property for account of the LESSOR or
within the sole discretion of LESSOR the proper may be re -let for the account of the LESSEE,
C. In the event of LESSOR!LESSOR!s Nation of this leme for L SSE 's breach
hereunder, In addition to any other remedy otherwise available at law or equity, LESSOR may recover
from LESSEE all images incurred by rcaason of such breach, including the cost of recoverimg the
prop.
GM ... OF LE§SHEUPON'DEFATJLT-BX L SSOEL In the event of SSEE's
breach of i obligations and duties under this agr meat, LESSEE shall give the LESSOR notice i
Monrm County a[Lli I ep&ment Page
3134 N rlltstde Drive, Key wc$l. FL
vnifing of said breach and allow LESSOR tea working days to remedy such defmt, In the event that
such defect is not cared ithln the requi
` site tlnme, LESSEE may temi-inate tWs lease upon giving they
days Witten notice to the LESSOR. In addi on to any other remedy otherwise available at lair or equity,
LESSOR may rew ear frrom LESSEE all images incur by reason of such breach, including the cost
of relocating to new proper.
17, ATIQBNKYLS FEES AND COSTS. Each party shall be solely responsible for the costs
of its own attorneys fees inch 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 coverts, tom, or conditions of this lest* or for the
recovery of possession of the demised p `c�rty, the prevailing l�� shall be entitled to recover fro the
Other per, reasonable attomeys fees aid costs, the amount of which shall be fimed by the court and shall
be made a dart of any judgment or die rendered,
18, RLDEMNEFICATION. HOLD _ SS. Subject to Section 768.28, Florida
Statutes, LESSEE shall indemnify and hold hales LESSOR against and from any and all cites
arising from LESSEE#s use of the propmty 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
indeinnify and hold bless LESSOR against and from any and all claims a sing from any breach or
default in the per 'orma ce of any obligation on LESSE 's ps. t to be perfmned under the tens of this
lease, or arising from any act or negligence of the LESSEE, or any officer, agent, employee, west, or
invitee of LESSEE, and from all and against all costs, a►ttorneYs fees, expenses and liabilities incurred in
or about any such claim or any action or proceeding brought thereon, LESSEE, as a mate al part of the
ccnsidetion to LESSOR, hereby assumes all risk of image to property or injury to pem, in, upon
r about the property, from any cam other than LSSR's negligence, and LESSEE hereby waives all
clams in respect thereof against LESSOX
19. The failure of either the LESSOR. or LESSEE to insist In anyone or more
instances upon the strict Baer "or anee of anyone or more of the obligations of this lease, or to exercise
any right or election herein contained, sal not be construed as a wanner or relinquishment for the future
of the performance of such obligations of this lease, or of the right to exercise such elcc on, but the same
shall both continue and r ain in Ml fome and effect with respect to any subsequent breach, act or
omission.
8, 1NS. LESSEE f other agrees that LESSEE will pay all of L SS 's contractors,
subcontractors, meehamic , laborers, materialmen and all others, and will indemnify LESSOR against all
legal costa and charges, bowel premiums for release of liens, and counsel fees reasonably incurred in the
or mmicement or defense of any suit by the LESSOR to discharge any liens, judgments, or
encumbrancesencumb=ces against the property caused or srx# `ered by LESSEE. It is understood and aid between
the parties hereto that the casts 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
L SS R's interest in the above iescni ed propwty> and all persons contracting with the LESSEE for the
doing of work or the fiwnishing of any materials on or to the propffty, and all materi l ens, contractors,
mechanics and laborers, am hereby charged with notice that they must look to the LESSEE oTdy to secure
the payment of any bill for work done or materials finished during the tern of this lease.
1, EEF.ECT OF LESSEE'S LAG OVEM Any holding over'after the expiration of
the term of this leas e, with the consent of LESSOR, shall be construed to be a tenancy -om month to
month, at the same monthly rent as required for the period immediately prior to the expiration of the
lease.
Monroe oMyr Hcahb Depameni Past 5
3134 Ncwth ide, DTive, Key West, FL.
. PEACEFUL POS N, So long as LESSEE pars all of the gent and charges due
and perfonns all of LfrSS 's other obligations hereunder, LESSEE shall peaceably and quietly have,
hold, and en oy the property throughout the tem of this lease, without interference or hindrance by
LESSOR.
YU
,SSOEL In the egret of termi.na on of LESSOR's ownership of the
Property by oper4on of law or by bona fide We of the l ropey or for any other ten, then LESSOR
shall be relied from all liability and mponsibility hereunder. In such evert, L 's successor, by
acceptance of gent from LESSEE, shall become liable and responsible to LESSEE in respect to all such
obligations of LESSOR under this lease.
phis lease may be assigned by the LESSOR in which cue, 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. ASSIGNMINT OR SUBLET BY LESSEE. LESSEE may not assign this Lease in
whole or in pit to any entity other than the Health Department, nor sublet any portion of the property,
without I S ' prior written conscm, which consent may be arbitrarily withheld, The health
department has no rights hereunder to assign any interest i this lam.
, The LESSEE and signatory to this lie, and any subsequent assigner or
sublessees, sal ruin liable to LESSOR under the terms of this lease, regardless of the number of
interning assigments and subleases, without consent to such further assize is and subleases being
required, unless and until LESSOR expressly releases said LESSEE, assignee or sublessee from liability
under Us lease, and such liability "I not be in any way affected or reduced by any modification of the
cease between LESSOR and the occupant assignee, even if such modification is made without LESSEE'S
prior consent.
B, L S 's consent to any mignment, subletting, occupa on, or use by another
person, shall not bc domed 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 deer such consent pursuant to the provisions
hereof. Furthe nore, LESSEE understands and agrm that, should LESSOR approve any asslig=ent or
sublease, LESSOR shall have the right to be reimbursed for legally -related expenses in connection with
the review, prepuation, and processing of any documents associated with said siren# suhlea e.
. SUBOBRINATION.1 I -ICI To ".
A. ation hY. LESSEE. LESSEE hereby subordinates its rights hereunder to
the lien of any mortgage or rnortgagns, or the lien resulting from any other method of fm=cing or
refinancing, now or hemafter In Force agai st the prope", and to all advances made or hereafter to he
made upon the security theof. This shall be sel `-opmfive and no der instrument of subordinafion
shall be required by any mortgagee. However, LESSEE, upon request of any party in interest, skull execute
promptly such instrument or cerficater and irrevocably appoints LESSOR as ttomey-In-Fact for
LESSEE, with full power and authority to execute and deliver, in the name of LESSEE, any such
instrt=ent or cerficate .
B. Eitpl Cerficate. within ten l days after request by LESSOR, or in the
event that, in connection with any sale, assignment or hypothecation of the property by LESSOR, a
estoppel certificate shall be required from LESSEE, LESSEE awes to deliver, in recordable form, are
estoppel certificate to any pimp sed mortgagee, purchaser, or to LESSOR, certifying(if such be the case)
that this lease is in full force and effect and that theme are no defenses or offsets thereon, or stating those
claimed. by LESSEE, as long as these are factual statements when rude,
C. tt r erit. In the cent of a sale or assignment of L S 's interest in the
Property, or if the property comes into the hands of a mortgagee, or any other person, whether because of
Mom County HaiHaith Department Page 6
1 M Northside Dtive, key Wosl, F
mOrtgaa foreclosure, exercise Of a power of sale, or other reason, LESSEE shall recogm'= said mortgagee
or other person as the same as LESSOR her=der. LESSEE shall execute, at LESSOR!request, any
attorment agreement rcquired by any mortgagee, or other such person containing such provisions as such
mortal or other person requires.
. NOTICES. Notices in this A r=e t, unless otherwise specified, must be seat by
certified mail to the following:
LESSOR:
Mari. WWtcside, M.D.
MW & ic, LLC
3134 loTthside eve
Key Wen, FL 33040
and
chard Klitenick, Esq.
4 Whitehead Street
Key west, Fig 3 3 040
Administrator
Monroe County Health Department
I 100 Simonton Sftret
Key west, FL 33040
County Administrator
1100 Simonton St et
Fehr West, FL 33040
7, N- I B=AUON. The LESSEE for itself, its pmonal representatives,
successors in interest, and assigns, as a put of the ccmsid=tIon hereof, does hereby covenant and agree
that no person on the mo' grounds o race, color, or national origin sal be excluded from participation in,
denied the befits of, or be otherwise subjected to discrimination in the use of propaty or in the
contracting for Limp ovement to the prop".
. MYEMING LAW This Agme e t is
governed by the laws of the Mate of Flonida and the United States. Venue'or any dispute wising under
this Agreement must be in Monroe County, FIorida. In the event of auy litigation, the prevailing ply i
entitled to a reasonable attorneys fee and costs. LESSOR and LESSEE hereby knowingly, gly, voluntarily
and intentionally waive the right to a trial by gory in respect to any litigation bated hereon, or arising out
of, under or in oonnedion with this lease, this waiver being a xx awdal inducement for LESSEE to enter
into the lease
. ,INCONSISTENCY. Any it=4 condition or obligation of this Agreement that is in
conflict with the its listed in this paragraph is superseded to the extent of the conflict,
, CONSTRUC110N. This Agrmment 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.
1# FULL,MERSTANDINfi. This Agreement rs the parties' final mutual understanding,
It replaces any earlier agreements or undmtandings, whether written or oral. This Agreement mot be
modified or replaced except by another written and signed agrmmrat.
monm couaty Health Dqxment Page 7
3134 NodWft eve. Key Wcst, FL
ii A, P
IN WffNESS WHEREOF, each garb+ has caused this Agreement to be executed by its duly
DAMN Y' L, K L AG , CLERK
Duty Clork
dome C o=ry Health went
3134 Notthside Drive, Key West, FL
LESSOR: Mw & jc� LLC
By- 44,14"e'le-
LESSEE: BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, L RIDA
By—
rCh
MD ROE COUNTY ATTORNEY
PRQ EIZ,A�TO�� F
—f—CWTHIA L. HALL
ASSISTANT ClQUNxY,�4�'Tf�%i�EY
Date t oc.�( o�C
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