05/21/2014 LeaseAMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
IAONROE COUNTY, FLORIDA
DATE: June 24, 2014
TO: Dent Pierce, Director
Public Works Division
ATTN. Beth Leto
FROM: Vitia Fernandez, D.C.
At the May 21, 2014, Board of �Aty Commissioner's meeting the Board granted approval and
execution of Item C28 Lease agreement with Oxford Business III Corp., for additional office on behalf
of the Supervisor of Elections at 100th Street Center, Marathon, FL.
Enclosed is a duplicate original executed on behalf of Monroe County, for your handling. Should you
have any questions, please feel free to contact me.
cc: County Attorney
Financ
File J
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
COMMERCIAL LEASE
THIS AGREEMENT OF LEASE, made and entered into this 21st day of May, 2014,
by and between the OXFORD BUSINESS III CORPORATION hereinafter referred to as
Lessor, and BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
hereinafter referred to as Lessee (the terms "Lessor" and "Lessee" to be construed in the
singular or plural number accordingly as they respectively represent one or more than one
person, partnership, corporation or other organization):
WITNESSETH:
That Lessor does by these presents lease and demise unto Lessee the following
described property, lying and being situated in the city of Marathon, County of Monroe, State
of Florida, and being more particularly described as follows: Unit A & Unit B, 100th Street
Center, commonly known as 10005 -10015 Overseas Highway, Marathon, Monroe County,
Florida, containing approximately 2,139 rentable square feet,
Suite
R.S.F
A 10005
732
B 10015
1,407
TOTAL (A+ B
2,139
for a term of five (5) years, beginning on the 1st day of June, 2014, and ending on the 31st
day of May, 2019, to be occupied for the purpose of conducting the business of Monroe
County Elections Office / administrative -office type use (and said demised premises are to be
used in no other manner and for no other purposes whatsoever without the prior written
consent of Lessor), paying therefore the initial base rent of Two Thousand Five Hundred
Fifty Four and 13/100 ($2,554.13) per month
Space RSF Rate $/RSF Base
A 732 $ 14.00 $ 854.00
B 1,407 $ 14.50 $ 1,700.13
TOTAL (A +B) 2,139
upon the following terms, conditions and covenants:
1. Lessee shall pay the rent monthly, in arrears, upon receipt of a proper invoice
pursuant to the Florida Prompt Payment Act, Florida Statute section 218.70 at such address
as shall be supplied by Lessor. The base rent shall be subject to an annual increase of the
greater of a) C.P.W. for the 12 month period ending on December 31st of the previous year
or b) 3.25% on each successive anniversary date. The annual cap on C.P.W. shall be five
percent (5.0 %).
2. In addition to the monthly bz
share
SPACE RSF
10005 732
10015 1,407
Pro -Rata Share
ise rent, the Lessee shall be obligated to pay his prorata
6.6%
12.7%
19.3%
of the annual costs for fire, flood and windstorm insurance, real property taxes, waste
collection fees, common utilities and annual costs to keep and maintain in good repair the
building exterior, landscaping, lighting, sidewalks, driveways, curbs and sign. Toward
these obligations, Lessee shall pay $ 1,099.80 per month as an estimated prorata share
of these expenses. This amount is subject to adjustment during the term of the lease,
based on actual costs.
Year 2013 $ 6.17
Space RSF CAM
A
732
376.37
B
1,407
723.43
TOTAL
2,139
1,099.80
The total rent (Base rent plus CAM) for YEAR ONE shall be as follows:
BASE CAM TOTAL
YEAR 1 Annual
Monthly
$ 30,649.50
$ 13,197.63
$ 43,847.13
$ 2,554.13
$ 1,099.80
$ 3,653.93
3. Lessee shall at all times during the continuance of this lease, and at his own cost and
expense, keep and maintain in good repair the interior of the premises hereby leased, which
shall include all windows, plate glass and doors contiguous to the exterior. Unless there is
damage caused by the negligence of Lessor, Lessee shall keep the air conditioning
equipment inside the unit and serving the unit (handling unit), the plumbing work, water
closets, pipes and fixtures belonging thereto in good repair and shall keep the water pipes
and connections free from obstructions, and to generally maintain the demised premises to
the satisfaction of the municipal, police and any other governmental authority, during the term
of this lease. Lessee shall not overload the carrying capacity of the floors of the demised
premises. Lessee, so long as he shall remain in possession of the demised premises, shall
keep and maintain all portions of the premises, the improvements thereon, the
appurtenances, machinery, equipment and fixtures therein, in such condition as to prevent
any loss, damage or injury to the persons, property, businesses, business or occupations of
any other persons permitted by Lessee to be in or about the leased premises, owners,
occupants and invitees of adjoining premises, and persons upon the adjacent portions of the
street in front and the side streets of the demised premises. In the event Lessee shall replace
appurtenances, machinery, equipment or fixtures, the replacements shall be in general
conformity to that replaced as to quality, size and appearance. At the termination of this
lease, Lessee shall deliver up the demised premises in as good condition as at the beginning
of the term, natural deterioration and normal wear and tear, depreciation and damage by fire
and the elements only excepted.
Lessor shall be responsible for capital costs, approved by Lessor, exceeding Two Thousand
Dollars ($2,000.00)
4. Lessee agrees to accept possession of the demised premises in their present
condition.
5. All property of every kind which may be on said demised premises during the term
hereof shall be at the sole risk of Lessee, or those claiming under him, and the Lessor shall
not be liable to Lessee or to any other person whatsoever for any injury, loss or damage to
any person or property in or upon said demised premises. To the extent set forth in
F.S.768.28, Lessee hereby covenants and agrees to assume all liability for or on account of
any injury, loss or damage above described and to save Lessor harmless therefrom.
Furthermore, Lessor shall not be liable to Lessee or to Lessee's patrons, employees,
licensees, permittees or visitors for any damage to person or property caused by the act or
negligence of any other tenant or said demised premises, or due to the building on said
premises or any appurtenances thereof being improperly constructed or being or becoming
out of repair, nor for any damages from any defects or want of repair of any part of the
building of which the demised premises form a part, unless injury or damage described above
was caused by or was due to negligence of Lessor, Lessor's agent, servant, employee or
patron; but with the exception of the need for one ADA compliant handicap parking space of
which is to be corrected, Lessee accepts said premises as wholly suitable for the purposes
for which same are leased and accepts the building and each and every appurtenance
thereof and waives defects therein and further agrees, to the extent set forth in F.S.768.28, to
hold Lessor harmless from all claims for any such damage unless such damage was caused
by or was due to negligence of Lessor's agent. It is further especially understood and agreed
that Lessor shall not be liable for any failure of water supply or electric current, or for injury or
damage which may be sustained to person or property by Lessee or any other person
caused by or resulting from steam, electricity, water, rain or other liquid which may leak or
flow from or into any part of said building or caused by the breakage, leakage, obstruction or
other defect of pipes, wiring, appliances, plate glass, plumbing or lighting fixtures of the
same, or by the condition of said premises or any part thereof or from any other source or by
any other cause whatsoever, whether the said damage or injury shall be caused by or be due
to the negligence of Lessor, Lessor's agent, servant, employee or not, nor shall Lessor be
liable for interference with light or other incorporeal hereditaments, provided such
interference is caused by anyone other than the landlord, nor shall Lessor be liable for such
interference from operations by or for governmental agencies in construction of any public or
quasi - public work.
6. Lessor will obtain fire, flood and windstorm insurance for the premises; and upon
submission of the bill for same to Lessee, Lessee shall reimburse Lessor for his prorata
share of same. Lessee shall purchase public liability insurance with coverage per occurrence
of at least One - million Dollars ($1,000,000.00) and shall name Lessor as a co- insured on said
policy.
7. Water /Sewer Charge. NA.
8. Lessee shall pay all charges for water and electric as the same shall become due
during the term of this lease. Each office is separately metered for water and electricity. Each
Tenant is responsible for their own usage and for payment of their utility bills.
9. Lessee agrees that he promptly will execute and will fulfill all ordinances and
regulations of the state, County or other governmental agencies applicable to said demised
premises, and all ordinances imposed by the Monroe County Health Department and Sheriffs
Department for the correction, prevention and abatement of nuisances in or upon or
connected with said demised premises during the term of this lease, at Lessee's sole
expense and cost.
10. Lessee shall not assign this Agreement, nor shall underlet the whole or any part of the
demised premises, without the consent of Lessor first obtained in writing, and shall not
occupy or permit or suffer the same to be occupied for any business or purpose deemed
extrahazardous on account of fire.
11. Lessee shall give, in case of fire or other casualty, immediate notice in writing to
Lessor, who shall thereupon cause the damage to be repaired forthwith, provided materials,
supplies and labor are reasonably available; if any portion of the premises is rendered unfit
for occupancy, the rent shall be apportioned for the period of time required to make the
repairs, according to the part of the premises, if any, which remains usable by Lessee, If the
entire building shall be destroyed or if the premises is not accessible or is rendered unfit for
occupancy, then within 30 (thirty) days after the fire or other casualty, either Lessor or Lessee
may cancel this Lease by notice in writing to the other, effective as of the date of the mailing
of the written notice, except that the rent shall be apportioned as of the date of the fire or
other casualty.
12.Any sign for the demised premises shall conform to all applicable County codes and
shall be either a two -sided sandblasted or laser -cut sign, not to exceed 18 inches by 72
inches, and shall be installed by Lessor on the porch ceiling in front of the demised premises.
Lessee shall not place, paint or otherwise affix any other signs, banners, flags or balloons at,
on or about the premises, or any part thereof, or change any light fixture, except as and
where first approved in writing by Lessor; and Lessor shall have the right to remove any sign
or signs in order to paint the building or premises or make any other repairs or alterations, but
nothing herein shall be construed to require or obligate Lessor, at any time or in any manner,
to paint the building or premises or make any other repairs or alterations. Lessor grants
Lessee permission to furnish, install and maintain, at sole cost of Lessee, sign in the building
marquee. Same to be approved by Lessor prior to installation, consent not to be
unreasonably withheld by Lessor.
13. In the event of a breach or threatened breach by Lessee of any of the agreements,
conditions, covenants or terms hereof, Lessor shall have the right of injunction to restrain the
same and the right to invoke any remedy allowed by law or in equity, as if specific remedies,
indemnity or reimbursements were not herein provided for. Furthermore, the rights and
remedies given to Lessor in this lease are distinct, separate and cumulative rights and
remedies, and no one of them, whether or not exercised by Lessor, shall be deemed to be in
exclusion of any of the others.
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14.The agreements, conditions, covenants and terms herein contained shall in every case
apply to, be binding upon, and inure to the benefit of the respective parties hereto, their heirs,
executors, administrators, successors and assigns, with the same force and effect as if
specifically mentioned in each instance where a party hereto is named, provided, however,
that no assignment or underletting by Lessee in violation of the provisions of this lease shall
vest in any such assignee or undertenant any right to title in or to the leasehold estate hereby
created.
15. No assent, express or implied, by Lessor to any breach of any of Lessee's covenants,
agreements, conditions or terms hereof shall be deemed or taken to be a waiver of any
succeeding breach of any covenant, agreement, condition or term hereof.
16. It is especially understood and agreed that all personal property placed on the
demised premises by the Lessee may be removed by Lessee at the termination of this lease,
provided Lessee shall not then be in default of the performance of any of its agreements,
conditions, covenants or terms hereof, and provided further that the building shall be left by
Lessee substantially as well equipped as it is at the beginning of the term, and provided
further that no such property shall be removed by Lessee if such removal should permanently
injure or dismantle said building, and provided further that the removal of any such property
shall be effected within five (5) days after the expiration of the said term and all damage
caused to said premises by such removal shall be repaired by Lessee at his own cost and
expense.
17. Lessee shall not make alterations, additions or improvements to the demised premises
or to the building thereof without the prior written consent of Lessor; and after such consent
has been given, unless otherwise agreed upon in writing, all alterations, improvements and
additions made by Lessee upon the demised premises shall be done by a licensed contractor
at a reasonable cost and, although at Lessee's own cost and expense, at the option of the
Lessor shall remain upon the premises at the expiration of this lease and shall become the
property of the Lessor in fee simple, without other action or process of law.
18. In the event Lessee shall make default in the performance of any of the agreements,
conditions, covenants or terms herein contained, Lessor, immediately or at any time
thereafter (no obligation, however, being imposed upon Lessor to do so) may perform the
same for the account of Lessee, and any amount paid or any expense or liability incurred by
Lessor in the performance of the same shall be deemed to be additional rent payable by
Lessee for the demised premises, together with 18% (eighteen percent) interest Per annum
thereon from the date of payment by the Lessor to the date of repayment, and the same, at
the option of Lessor, may be added to any fixed rent then due or thereafter falling due
hereunder; and Lessor shall have the right to enter the said demised premises for the
purpose of correcting or remedying said default and to remain therein until the same shall
have been corrected or remedied. Any money due to Lessor shall not be deemed to be in
default until three (3) days after prior written notice by Lessor to Lessee. Lessee shall have
two (2) weeks after prior written notice by Lessor to correct any non - monetary default.
19. Lessor shall have a statutory landlord's lien and in addition is hereby given an express
landlord's lien as security for the fixed rent herein reserved, as well as any of the other
charges or expenses elsewhere hereinabove or hereinafter designated as "additional rent"
upon all of the goods, ware, chattels, implements, fixtures, furniture, tools, machinery and
other personal property which Lessee now or at any time hereafter placed in or upon the
demised premises, all exemptions of said property or any part of it being hereby waived.
20. Lessee hereby especially covenants and agrees that this lease shall be subject and
subordinate to any mortgage or mortgages now on the demised premises. Lessee further
agrees to subordinate this lease to any mortgage obtained by Lessor during the term of this
lease or any extensions or renewals thereof.
21. Lessor hereby covenants and agrees that Lessee shall and will, upon payment of all of
the rents and all other sums of money herein provided to be paid by Lessee, upon fully
observing and performing the covenants and agreements herein provided to be observed and
performed by Lessee, quietly and peaceably possess and enjoy said above - demised
premises unless said lease be sooner terminated under and in accordance with any of the
provisions herein elsewhere contained providing for such termination.
22.If any of the fixed rent herein reserved or any of the other charges or expenses
hereinabove designated as "additional rent ", or any of the taxes, assessments, charges or
other sums of money to be paid by Lessee shall not be paid as and when the same become
due and payable, or if Lessee shall default in the performance of any of the other
agreements, conditions, covenants or terms herein contained, or if a petition or answer for
reorganization of Lessee or the then owner of Lessee's interest hereunder shall be approved
by any court or judge thereof, or if Lessee or the then owner of Lessee's interest hereunder
shall make a general assignment for the benefit of creditors, or shall take any benefit under
any insolvency or bankruptcy act, or have a receiver or trustee or other fiduciary appointed
for its property, or if Lessee's leasehold interest shall be taken on execution or other process
of law, or if this lease or the estate of Lessee hereunder shall be transferred or pass to or
devolve upon any other person, firm, association or corporation except in the manner
provided hereunder, then and in any of said events, Lessor or those claiming under him may
immediately or at any time thereafter have the right to terminate and end this lease and the
term hereby granted, as well as all of the right, title and interest of Lessee hereunder, by
giving Lessee ten (10) days notice in writing; and it is agreed that upon the expiration of the
term fixed in such notice, if the said nonpayment, default or other cause of termination
specified in such notice shall not have been made good or removed, this lease and the term
hereby granted and created, as well as all of the right, title and interest of Lessee hereunder,
shall, at the option of Lessor or those claiming under him, wholly cease and expire, in the
same manner and with the same force and effect as if the expiration of time in such notice
were the end of the term herein originally demised; and Lessor or those claiming under him
may immediately or at any time thereafter and without further notice or demand enter into and
upon the same premises or any part thereof, in the name of the whole, and repossess the
same as of his first and former estate, and expel the Lessee and those claiming under him
and remove its or their effects (forcibly, if necessary) without being taken or deemed guilty of
any manner of trespass, and without prejudice to any remedies which might otherwise be
used for arrears of rent or preceding breach of covenant, and that upon entry as aforesaid,
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said lease shall be terminated; and Lessee agrees that, notwithstanding the termination of
this lease and possession regained by Lessor, he will indemnify Lessor against all loss of rent
which may accrue to him by reason of such termination during the remainder of the term
aforesaid.
In the event Lessor does not exercise the right hereinabove given him, he may accept
rent from the receiver, trustee or other officer in possession thereof for the term of such
occupancy without impairing or affecting in any way the rights of Lessor against Lessee
hereunder. Any neglect or failure to enforce the right of forfeiture of this lease or reentry upon
breach of any of the conditions, covenants, terms and agreements herein contained shall not
be deemed a waiver of such right upon subsequent breach of any such or any other
condition, covenant, term and /or agreement herein contained.
23. It is understood and agreed by and between Lessor and Lessee that in the event the
demised premises are condemned for public use by any governmental agency, County, State
or Federal, this lease shall cease and terminate and shall be of no further effect, and Lessee
shall have no claim or demand of any kind or character in and to any award made to Lessor
by reason of such condemnation.
24. It is expressly understood and agreed by and between Lessor and Lessee that in the
event Lessor herein shall not be the owner of the premises herein demised, but shall hold a
lease of the property of which the demised premises are apart, then the resulting sublease is
and shall remain subject to all of the terms and conditions of such existing lease to Lessor so
far as they may be applicable to the premises herein demised.
25.At all times during the term of this lease, Lessor shall have the right, by himself, his
agents and employees, with at least one day's notice to Lessee, but excepting an emergency
where notice is not practical, to enter into and upon the demised premises during normal
business hours for the purpose of examining and inspecting the same and determining
whether Lessee shall have complied with all of its obligations hereunder in respect to the care
and maintenance of the premises, the repair and rebuilding of the improvements thereon
when necessary, and all other terms and conditions hereof.
26. Lessee and Lessor covenant and agree to pay and discharge all reasonable costs,
attorneys' fees (including appellate attorneys' fees) and expenses that may be incurred by
Lessor and Lessee in enforcing the covenants, agreements, conditions and terms hereof.
27. Lessee shall have no power to do any act or to make any contract that may create or
be the foundation for any lien upon the present or other estate of the leasehold and demised
premises, or upon any of the buildings or improvements thereon, except as herein elsewhere
specifically provided. The interest of the Lessor shall not be subject to any liens for
improvements made by the Lessee and Lessee agrees to notify the contractor making any
such improvements of this provision.
28. Lessee agrees that in taking this lease he is governed by his own inspection of the
premises and his own judgment of their desirability for his purposes, and has not been
governed or influenced by any representation of Lessors to the conditions and character of
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the building upon the premises or as to the earning capacity thereof; that no agreements,
stipulations, reservations, exceptions or conditions whatsoever have been made or entered
into in regard to said premises or this lease which will in any way vary, contradict or impair
the validity of this lease or of any of its terms and conditions; and that no modification of this
lease shall be binding unless it shall be in writing and executed and acknowledged in due
form for recording by all of the parties hereto. Furthermore, Lessee takes this lease and the
demised premises subject to all recorded easements and restrictions affecting the occupation
and use thereof and subject to all statutes, ordinances and regulations of competent
governmental authority affecting the occupancy and use thereof, the construction and
maintenance of improvements thereon, and the businesses and occupations to be engaged
in by Lessee, in force now and subsequently during the term of this lease.
29.Any word, group of words, phrase, sentence, paragraph or provision herein prohibited
by law or decision by a court of competent jurisdiction shall be ineffective to the extent of
such prohibition without invalidating the remaining provisions hereof.
30. Whenever any payment is to be made under this lease at or within a time stated and
whenever any act is to be done under this lease, by either party, at or within a stated time,
time shall be of the essence of this agreement.
31.Any notice from Lessor to Lessee relating to the demised premises or to the
occupancy thereof shall be duly served, if addressed to Lessee, by United States Registered
Mail, Return Receipt Requested, to:
Division of Public Works, Facilities Maintenance Contact Monitor
3583 South Roosevelt Blvd., Key West, FL 33040
Any notice from Lessee to Lessor shall be sent by United States Registered Mail, Return
Receipt Requested, to:
OXFORD BUSINESS III CORPORATION. c/o
Emerald Real Estate Inc. / 1401 Brickell Ave. Suite 320 / Miami, FL. 33131
32. It is distinctly understood and agreed by and between the Lessor and the Lessee that
any holding over by Lessee of the herein demised premises after the expiration of this lease
shall operate and shall be construed only as a tenancy at sufferance, and the tenant shall be
liable for such additional rent as shall be allowed by the laws of the State of Florida then in
effect, for the period of time he holds over after expiration.
33. It shall be lawful for Lessor or his agents at any time within sixty (60) days before the
expiration of the term of this lease to enter upon the demised premises and to affix upon any
suitable part thereof a notice or notices for the leasing of same, and the Lessee agrees not to
remove any such notice or notices or to permit any of his employees, licensees or permittees
to remove the same.
34. Security Deposit. Intentionally deleted.
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35. Move -in Funds: Breakdown of move in funds is depicted below:
ITEM
TOTAL
First
$ 3,653.93
Last
Waived
Security
Waived
TOTAL
$ 3,653.93
36. General cleaning and janitorial services to the Common Areas in accordance with
the Building's standard cleaning schedule, and consistent with buildings comparable to the
Building in the same geographical area as the Building is located.
37. Lessor and Lessee each hereby represent and warrant to the other that they
have dealt with no broker, finder or similar agent, in connection with this Lease other than the
Brokers. In the event that any broker or agent other than the Brokers claims a brokerage fee
in connection with this transaction, the party who procured the services of such broker or on
whose behalf such broker was working if the former cannot be determined, agrees to pay
said fee and to indemnify and hold harmless the other party from and against any and all
liability and expense in connection with any commissions, compensation.
38. Governing Law, Venue, Interpretation. Governing Law, Venue, Interpretation, Costs,
and Fees: This Agreement shall be governed by and construed in accordance with 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 Agreement, the County and Contractor 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 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.
39. 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 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
9 1
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 maybe amended from time to time, relating to nondiscrimination on
the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
40. 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 lease, or for the recovery of possession of the demised premises, the prevailing party
shall be entitled to recover from the other party, reasonable attorney's 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.
41. Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Lessor and Lessee in this 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 County be required to contain any
provision for waiver.
42. Lessor grants Lessee the right to use two (2) parking spaces for every 1,000
rentable square feet leased with applicable signage. Guest parking can be found elsewhere
in parking area. The total spaces corresponding to Lessee as per this lease is Four (4)
spaces.
43. Lessee shall have the option to extend the Term for Five (5) additional One (1) year
terms (the "Renewal Term "), subject to the terms of this agreement and the following
provisions:
(a) Lessee must exercise its options to renew by giving Lessor written Notice of
exercise on or before the date that is Four (4) months prior to the corresponding
Expiration Date with respect to the Renewal Terms ( "Tenant's Renewal Notice ").
Lessee shall have no right to renew any of the Term(s) if at the time of said notice of
exercise there is an Event of Default by Lessee which has not been cured.
(b) Renewal Term(s) shall be on the same terms and conditions as this Lease,
except that Base Rent shall be established by Lessor and Lessee in accordance Three
(3) months prior to the Expiration Date with respect to the Renewal Term.
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IN WITNESS WHEREOF, the parties to this commercial lease agreement have
hereunto set their hands to duplicate originals the day and year first above written after
having first noted and approved all interlineations, insertions, strikeouts and strikeovers the
21st day of May, 2014
Witnesses:
Printed narKe:
Printed name:
LESSOR
OXFORD BUSINESS III CORPORATION
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LESSEE
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Sylvia Murphy
Date
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Date: May 1, 2014
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Sylvia Murphy
Date
11
2�.
Date: May 1, 2014
Date �d .2,q • t 4