5. 11/01/2013 to 10/31/2014 ° "'t4"°ge. _ AMY NEAVILIN, CPA
—1,, .'° CLERK OF CIRCUIT COURT & COMPTROLLER
' t MONROE COUNTY,FLORIDA
vo-
DATE: November 1, 2013
TO: Dent Pierce, Director
Public Works Division
ATTN:: Beth Leto, Assistant Director
Public Works Division
FROM: Vitia Fernandez, D.C.
At the September 17, 2013, Board of County Commissioner's meeting the Board granted
approval of the following item:
Item C24 Approval of a Lease Agreement with the State of Florida Department of
Health, Monroe County Health Department, to provide continued office space at the Gato
Building, 1100 Simonton Street, Key West, FL.
Item C25 Approval of a Lease Agreement with the State of Florida Department of
Health, Monroe County Health Department, to provide continued 1325 sq. ft. of office space at the
Murray E. Nelson Government and Cultural, 102050 Overseas Highway, Key Largo, FL.
Enclosed is an original of each of the above-mentioned for your handling. Should you have any
questions,please feel free to contact our office.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101,PO Box 1980, Key West,FL 33040 Phone:305-295-3130 Fax 305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax 305-289-6025
88820 Overseas Highway, Plantation Key,FL 33070 Phone:852-7145 Fax 305-852-7146
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 STATE OF FLORIDA,
DEPARTMENT OF HEALTH, MONROE COUNTY HEALTH DEPARTMENT ( "TENANT" or
the "LESSEE "), a non - profit corporation incorporated in the State of Florida, whose
address is 1100 Simonton Street, Key West, FL 33040.
WHEREAS, the BOCC leases premises to other governmental agencies and
not - for - profit organizations serving the County community; and
WHEREAS, the State of Florida, Department of Health, Monroe County
Health Department has requested use of County office space; and
WHEREAS, the State of Florida, Department of Health, Monroe County
Health Department provides essential services to the citizens of Monroe County,
and works to improve the health of the public through preparedness, education,
prevention, the delivery of clinical services, and by conducting environmental
inspection and testing programs; and
WHEREAS, the COUNTY owns an office building known as the Murray E.
Nelson Government and Cultural Center at 102050 Overseas Highway, Key Largo,
Florida; and
WHEREAS, the Murray E. Nelson Government and Cultural Center has a
number of vacant offices due to the reduction of the County workforce; and
WHEREAS, the BOCC has determined that is in the best interests of Monroe
County to lease unused office space at the Murray E. Nelson Government and
Cultural Center;
NOW THEREFORE, IN CONSIDERATION of the promises contained herein the
parties agree to the following:
1. PROPERTY. The COUNTY leases exclusively to the LESSEE 1,057 square
feet of office space; offices 202, 203, 224, 227, 228 and 229 in the Murray E.
Nelson Government and Cultural Center and which is shown on Exhibit A, hereafter
the premises. The LESSEE is authorized to use two additional office spaces, 219
and 220, each 134 square feet totaling 268 square feet, for the period August 24,
2010 through August 23, 2011, at no cost, also shown on Exhibit A. If this
Agreement is extended for subsequent year(s) after August 23, 2010, then rent will
be charged for this office space at the same rate as any other office space included
in this lease. Exhibit A is attached and made a part of this Agreement.
2. TERM. The term of this Agreement is for a period of one (1) year beginning
November 1, 2013 through October 31, 2014.
3. USE AND CONDITIONS. The premises shall be used solely for the
purposes of operating State of Florida, Department of Health, Monroe County
Health Department programs and providing office space for administrative and vital
statistics office staff. 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 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
premises by personnel, volunteers or clients of LESSEE in accessing any common
areas of the Murray E. Nelson Government and Cultural Center.
4. RENT. For the use of the premises, the LESSEE must pay the COUNTY the
sum of $ -0- per year, for 1,057 square feet of office space at $ -0- per square foot,
which rental sum is due in monthly installments of $ -0 -, payable. The COUNTY will
invoice the LESSEE each month and these twelve monthly payments shall be
remitted to Monroe County Clerk's Office, 500 Whitehead Street, Key West, FL
33040. If applicable, a warrant in payment of an invoice is not issued within 40
days after receipt of the invoice and receipt, inspection, and approval of the goods
and services, the LESSEE shall pay to the LESSOR, in addition to the amount of the
invoice, interest at a rate established pursuant to F.S. section 55.03(1) on the
unpaid balance from the expiration of such 40 day period until such time as the
warrant is issued to the LESSOR.
a) Additional consideration from each party:
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. LESSEE shall be entitled to use the common areas of the Murray E.
Nelson Government and Cultural Center, such as bathrooms, lobby and other
common areas incidental to the purpose of their occupancy of the premises,
including use of conference rooms.
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. If at any time after any tax or assessment has become
due or payable, the lessee, or its legal representative, neglects to pay the tax or
assessment, LESSOR shall be entitled to pay the tax or assessment at any time
after that and the amount paid by LESSOR shall be deemed to be additional rent for
the leased premises, due and payable by the lessee.
6. INSURANCE. The Department of Health, State of Florida, provides General
Liability Coverage for Monroe County Health Department Operations through the
Division of Risk Management and the State Risk Management Trust Fund. Florida
Chapter 284 and Section 768.24(16) authorize the State to administer a self-
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insurance program and F.S. Section 768.24(5) currently sets the general liability
coverage limits as follows: $100,000 each person; $200,000 each occurrence.
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.
7. 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 the COUNTY and any other agency, federal or state, as
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 at LESSEE's sole cost and expense.
8. IDEMNIFICATION /HOLD HARMLESS. The LESSEE, as a state agency or
subdivision as defined in Section 768.28, Florida Statutes, agrees to be fully
responsible to the limits set forth in such statute for its own negligent acts or
omissions, or intentional tortuous actions, which result in claims or suits against
either the County or the LESSEE, and agrees to be liable to the statutory limits for
any damages proximately caused by said acts or omissions, or intentional tortious
acts.
The County, as a political sub - division of the State of Florida, as
defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the
limits set forth in such statute for its own negligent acts or omissions, or intentional
tortuous acts, which result in claims or suits against either the LESSEE or the
County, and agrees to be liable to the statutory limits for any damages proximately
caused by said acts or omissions, or intentional tortuous acts.
Nothing contained in this Section shall be construed to be a waiver by
either party of any protections under sovereign immunity, Section 768.28 Florida
Statutes, or any other similar provision of law. Nothing contained herein shall be
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construed to be a consent by either party to be sued by third parties in any matter
arising out of this or any other Agreement.
9. NON - DISCRIMINATION. LESSOR and LESSEE agree that there will be no
discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred,
this Lease Agreement automatically terminates without any further action on the
part of any party, effective the date of the court order. LESSOR and LESSEE agree
to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on
the basis of race, color or national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973,
as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-
6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination
on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The
Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and
290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of disability;
10) Sections 13 -101, et seq., Monroe County Code, relating to discrimination based
on race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Lease Agreement.
10. TERMINATION. This Agreement may be terminated at the discretion of
the COUNTY in the following circumstances:
a) Lessee fails to pay the rent when due;
b) Lessee fails to obtain the insurance required under this lease or allows
the required insurance coverage to lapse or fall below the minimum required;
c) Lessee otherwise breaches the terms of this lease.
Unless the COUNTY has accepted in writing a delay in performance of duties, the
failure to perform said duties shall constitute a default under the terms of this
agreement. In the case of default /breach, the COUNTY shall first give LESSEE a
written notification stating the default /breach and that Lessee has ten (10) days to
correct the default /breach. If the Lessee has not commenced correction of the
default /breach at the end of the 10 days, then the COUNTY may terminate the
lease in its discretion. If it shall be necessary to employ the services of an attorney
in order to enforce its rights under this Agreement, the COUNTY shall be entitled to
reasonable attorney's fees. Waiver of a default in any particular month shall not
bind the COUNTY to forego the provisions of this paragraph and any subsequent
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default shall be grounds for termination. The COUNTY may in its discretion 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. LESSEE
may terminate this Agreement upon giving thirty days prior written notice to
COUNTY.
11. DEFAULT. LESSOR'S right to repossess, operate, or sublease: If the rental
reserved by this lease or other charges to be paid under this lease by LESSEE, or
any part of this lease, are not paid when due and remain unpaid for a period of 10
days after notice in writing, or if LESSEE fails to promptly perform any covenant,
condition, or agreement by it to be performed under this lease and such failure
shall continue for a period of ten (10) days after notice in writing specifying the
nature of such failure, or if LESSEE abandons the demised premises, or if LESSEE
breaches any obligation under this lease to be performed by it which cannot be
cured, then , and in any such event, LESSEE shall be deemed to be in default and
LESSOR, without further notice may at its option take possession of the leased
premises, including all improvements and fixtures and equipment located at, in or
about the premises.
By legal proceedings, LESSOR shall take, operate, or sublease the premises,
in whole or in part, for the account of the LESSEE as the LESSOR in good faith may
deem proper, for a term not exceeding the unexpired period of the full term of this
lease. LESSOR shall receive all proceeds and rent accruing from such operation or
subleasing of the leased premises or fixtures and equipment. LESSOR shall apply
these proceeds first, to the payment of all costs and expenses incurred by the
LESSOR in obtaining the possession of, and the operation or subleasing of the
premises or fixtures and equipment, including reasonable attorney's fees,
commissions, and collection fees, and any alteration or repairs reasonably
necessary to enable the LESSOR to operate or sublease the premises or fixtures
and equipment; and second, to the payment of all such amounts as may be due or
become payable under the provisions of this lease. The remaining balance, if any,
given by the LESSOR to the LESSEE, shall be paid over to the LESSEE at the
expiration of the full term of this lease or on the sooner termination of the lease by
written notice of termination.
Repossession or subleasing not a termination; LESSOR'S right to terminate
not forfeited: No repossession, operation, or subleasing of the premises or of
fixtures and equipment shall be construed as an election by the LESSOR to
terminate this lease unless a written notice of such intention is given by the
LESSOR to the LESSEE. Notwithstanding any such operation or subleasing without
termination of this lease, the LESSOR may at any time after that elect to terminate
the lease in the event that the LESSEE remains in default under this lease.
LESSEE'S obligation to pay deficiencies: In the event the proceeds of rentals
received by the LESSOR under the provisions of this Section are insufficient to pay
all costs and expenses and all amounts due and becoming due under this lease, the
LESSEE shall pay to the LESSOR on demand such deficiency as may occur or exist.
LESSOR'S right to terminate lease: In the event of LESSEE'S default,
LESSOR may, at its option without further notice, terminate this lease and all
interest of LESSEE under this lease, and may then take possession of the leased
premises by legal proceedings.
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LESSOR'S right on termination to recover amount equal to rent reserved: If
this lease is terminated by the LESSOR by reason of any default by LESSEE,
LESSOR shall be entitled to recover from the LESSEE, at the time of such
termination the excess, if any, of the amount of rent reserved in this lease for the
balance of the term of the lease.
LESSOR'S remedies are cumulative: Each and all of the remedies given to
the LESSOR in this lease or by law are cumulative, and the exercise of one right of
remedy shall not impair its right to exercise any other right or remedy.
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. GOVERNING LAWS /VENUE. This Agreement is governed by the laws of
the State of Florida applicable to contracts made and to be performed entirely in
the State. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Lease Agreement, the
LESSOR and LESSEE agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The LESSOR AND
LESSEE agree that, in the event of conflicting interpretations of the terms or a term
of this Lease Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
16. CONSTRUCTION. This Agreement has been carefully reviewed by the
LESSEE and the COUNTY. Therefore, this Agreement is not to be construed against
either party on the basis of authorship.
17. NOTICES Notices in this Agreement, unless otherwise specified, must be
sent by certified mail to the following:
COUNTY LESSEE
County Administrator Monroe County Heath Department
Roman Gastesi, Jr. Robert Eadie, Administrator
1100 Simonton Street 1100 Simonton Street
Key West, FL 33040 Key West, FL 33040
18. RELATIONSHIP OF PARTIES. LESSEE 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. LESSEE shall exercise control,
direction, and supervision over the personnel and volunteers who use the premises.
LESSEE 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 LESSEE, its employees, agents or volunteers resulting in
either bodily or personal injury or property damage to any individual, property or
corporation.
19. 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.
20. RIGHT OF INGRESS AND EGRESS. LESSEE, its agent, employees,
customers, suppliers, and patrons shall have the right of ingress and egress to and
from the lease premises, which shall not be unreasonably restricted by the
COUNTY.
21. RIGHT OF INSPECTION AND REPAIRS. LESSOR shall have access to the
premises, and each and every part thereof, during LESSEE'S regular business hours
for the purpose of inspecting the same, making repairs, and posting notices that
LESSOR may deem to be for the protection of the LESSOR or the property.
22. AMENDMENTS TO BE IN WRITING. This lease may be modified or
amended only by a writing duly authorized and executed by both LESSOR and
LESSEE. It may not be amended or modified by oral agreements or understandings
between the parties unless the same shall be reduced to writing duly authorized
and executed by both LESSOR and LESSEE.
23. HOLDING OVER. No holding over and continuation of any business of the
LESSEE after the expiration of the term hereof shall be considered to be a renewal
or extension of this lease unless written approval of such holding over and a
definite agreement to such effect is signed by the LESSOR defining the length of
such additional term. Any holding over without consent of the LESSOR shall be
considered to be a day -to -day tenancy at a rental of three times the daily rate of
the fixed minimum monthly rental provided herein, computed on the basis of a 30-
day month.
24. ENTIRE AGREEMENT. This writing embodies the entire agreement and
understanding between the parties hereto, and there are no other agreements and
understandings, oral or written, with reference to the subject matter hereof that are
not merged herein and superseded hereby. Any amendment to this lease shall be in
writing, approved by the Board of County Commissioners, and signed by both
parties before it becomes effective.
25. SEVERABILITY. If any term, covenant, condition or provision of this Lease
Agreement (or the application thereof to any circumstance or person) shall be
declared invalid or unenforceable to any extent by a court of competent jurisdiction,
the remaining terms, covenants, conditions and provisions of this Lease Agreement,
shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Lease Agreement shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Lease Agreement would prevent the
accomplishment of the original intent of this Lease Agreement. The LESSOR and
LESSEE agree to reform the Lease Agreement to replace any stricken provision with
7
a valid provision that comes as close as possible to the intent of the stricken
provision.
26. ATTORNEY'S FEES AND COSTS The LESSOR and LESSEE agree that in
the event any cause of action or administrative proceeding is initiated or defended
by any party relative to the enforcement or interpretation of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out -of- pocket expenses, as an award against the non - prevailing
party, and shall include attorney's fees, courts costs, investigative, and out -of-
pocket expenses in appellate proceedings. Mediation proceedings initiated and
conducted pursuant to this Lease Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit
court of Monroe County.
27. BINDING EFFECT The terms, covenants, conditions, and provisions of this
Lease Agreement shall bind and inure to the benefit of the LESSOR and LESSEE and
their respective legal representatives, successors, and assigns.
28. AUTHORITY Each party represents and warrants to the other that the
execution, delivery and performance of this Lease Agreement have been duly
authorized by all necessary County and corporate action, as required by law.
29. ADJUDICATION OF DISPUTES OR DISAGREEMENTS LESSOR and
LESSEE agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the
parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the
Board of County Commissioners. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Lease Agreement or by Florida law.
30. COOPERATION In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or
breach of this Lease Agreement, LESSOR and LESSEE agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Lease Agreement or
provision of the services under this Lease Agreement. LESSOR and LESSEE
specifically agree that no party to this Lease Agreement shall be required to enter
into any arbitration proceedings related to this Lease Agreement.
31. COVENANT OF NO INTEREST LESSOR and LESSEE covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict
in any manner or degree with its performance under this Lease Agreement, and
that the only interest of each is to perform and receive benefits as recited in this
Lease Agreement.
32. CODE OF ETHICS LESSOR agrees that officers and employees of the
COUNTY recognize and will be required to comply with the standards of conduct for
public officers and employees as delineated in Section 112.313, Florida Statutes,
regarding, but not limited to, solicitation or acceptance of gifts; doing business with
one's agency; unauthorized compensation; misuse of public position, conflicting
D
employment or contractual relationship; and disclosure or use of certain
information.
33. NO SOLICITATION/ PAYMENT The LESSOR and LESSEE warrant that, in
respect to itself, it has neither employed nor retained any company or person, other
than a bona fide employee working solely for it, to solicit or secure this Lease
Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for
it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Lease Agreement. For the breach or
violation of the provision, the LESSEE agrees that the LEESSOR shall have the right
to terminate this Lease Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
34. PUBLIC ACCESS The LESSOR and LESSEE shall allow and permit
reasonable access to, and inspection of, all documents, papers, letters or other
materials in its possession or under its control subject to the provisions of Chapter
119, Florida Statutes, and made or received by the LESSOR and LESSEE in
conjunction with this Lease Agreement; and the LESSOR shall have the right to
unilaterally cancel this Lease Agreement upon violation of this provision by Lessee.
35. NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec.
768.28, Florida Statutes, the participation of the LESSOR and LESSEE in this Lease
Agreement and the acquisition of any commercial liability insurance coverage, self -
insurance coverage, or local government liability insurance pool coverage shall not
be deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the LESSOR be required to contain any provision for
waiver.
36. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief,
disability, workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the LESSOR,
when performing their respective functions under this Lease Agreement within the
territorial limits of the County shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
37. NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled
to rely upon the terms, or any of them, of this Lease Agreement to enforce or
attempt to enforce any third -party claim or entitlement to or benefit of any service
or program contemplated hereunder, and the LESSOR and LESSEE agree that
neither the LESSOR nor the LESSEE or any agent, officer, or employee of either
shall have the authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits
under this Lease Agreement separate and apart, inferior to, or superior to the
community in general or for the purposes contemplated in this Lease Agreement.
38. ATTESTATIONS LESSEE agrees to execute such documents as the
LESSOR may reasonably require, to include a Public Entity Crime Statement, an
Ethics Statement, and a Drug -Free Workplace Statement.
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39. EXECUTION IN COUNTERPARTS This Lease Agreement may be
executed in any number of counterparts, each of which shall be regarded as an
original, all of which taken together shall constitute one and the same instrument
and any of the parties hereto may execute this Lease Agreement by signing any
such counterpart.
40. EFFECTIVE DATE. This Agreement will take effect on November 1, 2013.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by
its#vly authorized representative.
BOARD OF COUNTY COMMISSIONERS
ATTT�` AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By
,[. .u..
Deputy Clerk Z140tv—
"Mayor/Chairma'n
STATE OF FLORIDA, DEPARTMENT OF HEALTH,
MONROE COUNTY HEALTH DEPARTMENT
Witness
Witness
Title Administrator
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