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03/17/2017 LeaseTHIS LEASE AGREEMENT, made and entered into this 15th day of March, 2017 by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 ( "BOCC "), Florida and EDWIN A. SCALES, III, JUDGE; Florida's Third District Court of Appeal, 2001 S.W. 117 Miami, Florida 33175 -1716 ( "Judge "). WHEREAS, the BOCC leases office space to other governmental officials servicing Monroe County; and WHEREAS, the Judge has requested the use of County office space; and WHEREAS, the BOCC has determined that it is in the best interests of Monroe County to provide appropriate office space, at Monroe County's main Courthouse, Freeman Justice Center, 302 Fleming Street, Key West, Florida for the use of the Judge in which to conduct Court business when in Key West, Monroe County. NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Contract Term. This Lease Agreement is for the period commencing on March 15, 2017 and terminating on upon the expiration of the Judge's term of office. No rent is being charged for this lease. 2. Premises The BOCC leases to the Judge and the Judge leases from the BOCC appropriate office space, at the Monroe County Courthouse, Freeman Justice Center, 302 Fleming Street, Key West, Florida ( "Premises "), in accordance with this Lease Agreement. The subject office space is currently referred to as the "Chief Judge's hearing room." 3. BOCC Responsibility, The BOCC shall direct its Administrator, Departments Heads, County Attorney, and staff to provide certain facilities and support to the Judge as can be provided without requiring an increase in personnel, any purchase or lease of real or personal property, or any other out -of- pocket expenditures. 4. Relationship of Parties. The Judge is, and shall be, in the performance of all works, services, and activities under this Lease Agreement, a state judge independent of the BOCC and not an employee, agent or servant of the BOCC. The Judge shall exercise control, direction, and supervision over the means and manner of personnel and volunteers through which he performs the functions of his office. Although this Lease Agreement is a cooperative agreement, similar in many respects (but not all) to a partnership, the Judge shall have no authority whatsoever to act on behalf and /or as agent for the BOCC in any promise, agreement or Page 1 of 5 Lease, Judge Scales, Freeman Justice Center 03! 151017 representation other than specifically provided for in this Lease Agreement. The BOCC shall at no time be legally responsible for any negligence, gross negligence, or intentional conduct on the part of the Judge, his employees, agents or volunteers resulting in either bodily or personal injury or property damage to any individual, property or business entity. 5. Modification. Additions to, modification to, or deletions from the provision of this contract may be made only in writing and executed by the BOCC. No modification shall become effective without prior written approval of both parties. 6. Breach and Penalties. The parties agree to full performance of the covenants contained in the contract. Both parties reserve the right, at the discretion of each, to terminate the services in this contract for any misfeasance, malfeasance or nonperformance of the contract terms or negligent performance of the contract terms by the other party. Any waiver of any breach of covenants herein contained shall not be deemed to be a continuing waiver and shall not operate to bar either party from declaring a forfeiture for any succeeding breach either of the same conditions or covenants or otherwise. 7. Hold Harmless. The parties to this Lease Agreement stipulate that Monroe County is a governmental agency as defined by Florida Statutes and represents to The Judge that it has purchased suitable Public Liability, and Workers' Compensation insurance, or is self - insured, in amounts adequate to respond to any and all claims within the limitations of Florida Statute 768.28 and 440, arising out of the activities governed by this Lease Agreement. The Judge an official of the State of Florida government and represents that in such capacity, he and his staff have insurance coverage in an amount adequate to respond to any and all claims arising under this Lease Agreement. Each party shall be responsible for any acts of negligence on the part of its employees, agents, contractors, and subcontractors. Responsibility for defending claims arising out of and during the performance of this contract shall survive the termination date. 8. Laws and Regulations. a. This Lease Agreement shall be construed by and governed under the laws of the State of Florida unless in an area of law pre - empted by federal law. The Judge agrees that venue for any dispute will lie in Monroe County, Florida. b. The Judge shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and Page 2 of 5 Lease, Judge scales, Freeman Justice Center 03:15 %2017 shall not discriminate on the grounds of race, color, religion, sex, age or national origin in the performance of work under this Lease Agreement. Any violation of said statutes, ordinances, rules, regulations and executive orders shall constitute a material breach of this Lease Agreement and shall entitle the BOCC to terminate this Lease Agreement immediately upon delivery of written notice to the Judge. 9. Taxes. The BOCC is exempt from Federal, Excise and State of Florida Sales Tax. 10. Severability. If any provision of this contract shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this contract, or the application of such provision other than those as to which it is invalid or unenforceable, shall not be affected thereby; and each provision of this contract shall be valid and enforceable to the fullest extent permitted by law. H. Assignment. The Judge shall not assign, transfer, sublease, pledge, hypothecate, surrender, or otherwise encumber or dispose of this contract or any estate created by this contract or any interest in any portion of the same, or permit any other person or persons, company or corporation to perform services under this contract without first obtaining the written consent of the BOCC. In the event of such consent, this Lease Agreement shall be binding upon the Judge's successors and assigns. 12. Additional Conditions. The Judge agrees to accept additional conditions governing the use of funds or performance of work as may be required by federal, state or local statute, ordinance or regulation or by other policy adopted by the BOCC. Such additional conditions shall not become effective until the Judge has been notified in writing and no such additional conditions shall be imposed retroactively. 13. Care of Property. The Judge shall be responsible to the BOCC for the safekeeping and proper use of the property entrusted to the Judge's care, and to process all documents necessary to continue, without interruptions, any maintenance or service contracts relating to such equipment for its service life. 18. Ethics Clause. To the extent applicable, the Judge warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 10 -1990 or any BOCC officer or employee in violation of Section 3 of Ordinance No. 10 -1990. For breach or violation of this provision the Page 3 of S Lease, Judge Scales, Freeman Justice Center 03,,151;2017 BOCC may, in its discretion, terminate this Lease Agreement without liability and may also, at its discretion recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. 19. Termination. Termination of the Lease Agreement shall occur at the natural ending date, or earlier should either party determine that there has occurred any material breach of any covenants herein contained, or either party otherwise deems it in their best interest to terminate. Termination may be with or without cause, and shall require written notice to be given to the other party as follows: a. In the event either party terminates for breach of contract, termination shall be effective at such time as the terminating party shall declare in its act to terminate for cause, with a minimum of fourteen days notice in writing required prior to effective termination. b. In the event either party terminates without cause, the termination shall not take effect until at least sixty days subsequent to written notice to the other party, and the effective date of termination shall be specified in said notice. 14. Full Agreement. This Lease Agreement constitutes the entire and full understanding between the parties hereto and neither party shall be bound by any representation, statement, promises or agreements not expressly set forth herein and in duly executed amendments under paragraph 5 hereof. IN WITNESS WHEREOF, the parties have executed this Lease Agreement the day and year first above written. [Signature Page to Follow] Page 4 of 5 Lease, Judge Scales, Freeman Justice Center 0315 +2017 1 At e VT (SEAL) Attest: Titl MADOK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By A 4 , WV-- , e• ayor /C airman Florida's Third District Court of Appeal Edwin A. Scales Judge By Title 101 - This document was prepared and approved as to form by: Lease, Judge Scales, Freeman Justice Center 03A5 -2017 Page 5 of 5 r7 ry w � t , i Monroe County Attorney Florida Bar No.: 58262 1111 12 Street, Suite 408 �I Key West, FL 3304 (305) 292 -3470 Peters - Katherine From: Shillinger -Bob Sent: Tuesday, March 21, 2017 10:09 AM To: Peters - Katherine Cc: Pamela Hancock Subject: RE: 0 -2 BOCC 3/15/17: Lease w/ Judge Ed Scales - Question for you pretty please? It is legally sufficient as is. t{.yQRlj�`9 Bob Shillinger County Attorney Monroe County Attorney's Office 1111 12th Street, Suite 408 vp GSM �q i Key West, FL 33040 292 (305) -3470 (305) 292 -3516 (fax) CITY, COUNTY & LOCAL GOVERNMENT LAW f - — -- - No trees were harmed in the sending of this E -mail, however, a great number of electrons were terribly inconvenienced. Please note that Florida has a broad public records law and that any communication with the County could be considered a public record. If you do not wish for your email address to become a public record, use the telephone or some other method of conveying your message. From: Peters - Katherine Sent: Tuesday, March 21, 2017 9:28 AM To: Shillinger -Bob Cc: Pamela Hancock Subject: FW: 0 -2 BOCC 3/15/17: Lease w/ Judge Ed Scales - Question for you pretty please? Good morning boss — for written documentation for the Clerk as to whether legally sufficient, Judge Scales executed the Lease but failed to have his signature attested (copy attached). Is the document legally sufficient /ok for the Clerk to process as is OR do I need to request Judge Scales re -send a Lease with his original signature and attest affixed? Judge did send a transmittal letter on his letter head that he signed that can be sent along with the executed lease to document his signature if that helps (included in attachment). Just hate to have to ask him to — resend with attest if we don't have to. Re: Legal approval —just fyi, the lease Judge printed on his end for his execution , of course, had a "copy" of your signed legal approval so will need you to initial /date the copy of your legal approval prior to sending to the clerk. From: Pam Hancock [ ma i Ito: phancock(d)monroe- clerk.com Sent: Tuesday, March 21, 2017 8:56 AM To: Peters - Katherine Subject: RE: 0 -2 BOCC 3/15/17: Lease w/ Judge Ed Scales - Question for you pretty please? Good Morning Kathy, I guess that is a legal call. If the letter for clarification works for Bob, then I will accept it. Can you please have Bob just initial and date as to form? 1 From: Peters - Katherine [ ma ilto: Peters- KatherineCab Mon roeCounty- FL.Gov Sent: Monday, March 20, 2017 9:45 AM To: Pam Hancock Subject: 0 -2 BOCC 3/15/17: Lease w/ Judge Ed Scales - Question for you pretty please? Good morning Ms. Pam — Re: 0 -2 BOCC 3/15/17 Q: received the executed lease from Judge Scales but he failed to have his signature attested to but did insert his "Title" under his signature and also transmitted a cover letter for clarification /documentation that it is his signature. Is it ok to forward on to you for processing as received (with original signature by Judge Scales but no attest) OR do I need to request Judge Scales mail me an originally executed that also has an original attest affixed? Also, Judge Scales printed the copy with Bob's legal /executed and sent me the version with Bob's legal signature (that was in the agenda backup) so the originally executed I received, has a "copy" of Bob's legal not an original legal stamp. If it is ok to process the originally executed received from Scales, do I need to have Bob re -stamp so it has an original legal stamp? Just let me know. Will hold until I hear from you to prevent the item from going back -and- forth. Thanks. Kathy Katherine Peters, CP Paralegal/ Administrative Liaison Monroe County Attorney's Office 1111 12th Street, Suite #408 Key West, FL 33040 Courier Stop #7 (305) 292 -3470 PA RICHARD J. SUAREZ CHIEF JUDGE LINDA ANN WELLS LESLIE B. ROTHENBERG BARBARA LAGOA VANCE E. SALTER KEVIN EMAS IVAN F. FERNANDEZ THOMAS LOGUE EDWINA. SCALES, III ROBERT JLUCK JUDGES DISTRICT COURT OF APPEAL THIRD DISTRICT 2001 S.W. 117 AVENUE MIAMI, FLORIDA 33175 -1716 TELEPHONE (305) 229 -3200 March 8, 2017 Kathy Peters, CP Paralegal /Administrative Liaison Monroe County Attorney's Office 1111 12 Street, Suite #408 Key West, FL 33040 Re: Lease Agreement for Office Space in the Monroe County Courthouse Dear Ms. Peters: DEBBIE MCCURDY CHIEF DEPUTY CLERK Pursuant to your e -mail of February 27, 2017, enclosed please find the above - mentioned Lease Agreement that I have executed. I understand the Lease is up for review with the Monroe Board of County Commission on March 15, 2017. Please let me know if there is any additional information needed. Thank you very much for your time and consideration. If you have any questions, comments, or concerns please do not hesitate to contact me. i el ours, A .Scales, III RECEIVED MARY CAY BLANKS MAR 13 2017 CLERK VERONICA ANTONOFF MONROE COUNTY ATTORNEY MARSHAL EAS /amy Cu y. (; BOARD OF COUNTY COMMISSIONERS t e VIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By i Deputy Clerk p Y ayor /C airman (SEAL) Florida's Third District Court of Appeal Attest: Edwin A. Scales Judge BY By Title Title 101 This document was prepared and approved as to form by: c .s r _! Page 5 of 5 Lease, Judge Scales, Freeman Justice Center 03-15`2017 Monroe County Attorney Florida Bar No.: 58262 1 111 12 Street, Suite 408 Key West, FL 3304 (305) 292 -3470