Item C24
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
0~'C
Meeting Date:
1/15/03
Division:
Public Works
Bulk Item: Yes --X- No
Department: Facilities Maintenance
AGENDA ITEM WORDING: Approval of a Lease Amendment with the Department of Juvenile
Justice to omit the Indemnification and Hold Harmless statement from the original lease document.
ITEM BACKGROUND: The State of Florida Department of Juvenile Justice cannot indemnify
Monroe County, and, as a state agency, they are self-insured. Our Risk Management Consultant, and
our County Attorney's office, recommend that the lease remain silent regarding indemnification and
insurance, and the issue be deferred to the courts if a suit were to occur.
PREVIOUS RELEVANT BOCC ACTION: On October 16,2002, the Monroe County Board of
County Commissioners approved a Lease Agreement with the Department of Juvenile Justice to
occupy 2,525 square feet of office space on the 2nd floor of the new DJJ Building on Stock Island.
CONTRACT/AGREEMENT CHANGES: Omit form "TCS" Indemnification and Hold Harmless
from the contract documents.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: NLA
BUDGETED: Yes N/A No
COST TO COUNTY: N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No-X- AMOUNTPERMONTB_ Year
APPROVED BY: CountyAtty._ OMB~~ing~skManagement_
DIVISION DIRECTOR APPROVAL: {~/~ . ~ /'Z/;J~/n--
Dent Pierce, Director of Public Works
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDAITEM#~Y
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Dept. Juvenile Justice Contract #
Effective Date: 11/01/02
Expiration Date: 10/31/07
Contract Purpose/Description:
Amendment to the Lease for office 'space at the newly built Dept. of Juvenile Justice
Building on Stock Island.
Contract Manager: Ann Mytnik 4549 Facilities Maint/Stop #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 01/15/03 Agenda Deadline: 12/31/02
CONTRACT COSTS
Total Dollar Value of Contract: $ N/A
Budgeted? YeslZl No 0 Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ N/ A
- - -
----
- - -
----
- - -
----
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries,etc.)
CONTRACT REVIEW
Changes ..
Date In Needed / ~e ievt&}
Division Director l-yl ''61 0 --vY esO No[g' . l/:---
Risk Management 1<9-13"Q)-..YesO Nol2r ()6) <. ... ~
O.M.B./Purchasing \1-\\ 8\oz,.esO No~.d' ~
County Attorney I a I U,,( 02-YesO No
Date Out
'-
--'
Comments:
OMB Form Revised 2/27/01 MCP #2
DEe ~02
LEASE AMENDMENT
THIS AMENDMENT, made and entered into this 15th day of January, 2003, by and
between Monroe County, Florida, part of the first part (hereinafter called the "owner"), and the
State of Florida Department of Juvenile Justice, Division of Key West, and Bureau of Circuit 16,
party of the second part (hereinafter called the "Lessee").
WHEREAS, the parties hereto did enter into a Lease Agreement approved by the Monroe
County Board of County Commissioners on October 16, 2002; NOW THEREFORE IN
CONSIDERATION of the mutual promises contained herein, the parties do agree as follows:
1. Form #TCS entitled Indemnification and Hold Harmless shall be omitted from the
Lease documents.
2. All other provisions of said agreement approved October 16, 2002, shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this amendment on the day and date
first above written.
(SEAL)
A TIEST: Danny L. Kolhage, Clerk
MONROE COUNTY FLORIDA, BOARD
OF COUNTY COMMISSIONERS
BY:
BY:
Deputy Clerk
Mayor/Chairman
State of Florida
Department of Juvenile Justice
Title:
BY:
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 - Fox
eo.A~O OF COUNW COMMr$$!ONEA$
MAYOR Dixlc Spchar. District 1
Mayor Pro tt:m. ;\~i.irruy Nelson. Di5trfcT 5
O"~~T~iJ2~~E
Cnorles . Sonny" McCoy. DlstncT 3
George Neu9~nt; Ci~trict 2
[)ovid Rie~, Cis'trict 4
ME.MORANDUM
TO:
Maria Slavik
Risk Management
Suzanne A. Hutton uK
Assistant County Attomey
FROM:
DATE:
December 4. 2002
SUBJECT: OJJ Lease
I received an advanced copy of Mr. Webber's December 3, 2002 letter to you. I
concur with his evaluation and would note that norrna.lly when the County
contracts with other governmental agencies, language: is inserted in the contract or
lease regarding each entity's liability be1l1g subject to ~768.28, Florida Statutes. I
would prefer that slIch language be inserted in the lease because it rd1ccts that both
parties recognize their liability for the torts of their Own agents and cmpJoyet:s.
However, Ornission of such language does not affect the statutory obligation of the
state.
If you have any questions, please feel free to call.
cc: Si.dney Webber
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CORPORATION
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III I Nonh WCIUbore BouIeYatd
Sait&: 20&
Tampa. FL 3J607~711
Pbo.e (Ill) 287-1040
Faaimi&e (813) 287-1041
Risk~
employC'C Benefits
December 3, 2002
Ms. Maria Slavik
Ria Managc:nlUll Spcciali&l
Monroe CoulCy
1100 SimooWlI Str<<t
Suite 268
Key Wnl, Florid8 33040
Subject: LtaSI: Between the County u4lhe OcpartmcDl of J\I\Ienile Jamce Depulmeut
I)Q{ Maria:
The S1atc of F1oricIa', Dqwtmc:ot of Juvenile Juslk.e (OJ1) bK lIdvi.ccl thallhc:y IR l&nIble IQ badcIluUfy
Che Couafy or ilu:urpundc its undarclwW8POC ~ Uk the ~ thiIl JO"'CtnIIk lcue on,S2S
r.quan: feet of offlCC ~ Oft ~ 2'" ftoot of the raxlllty coll5tnlCUld Javcni1e Jusbc:c Facility.
The Allil\aDl Gelw:ral Cowucl (or the OJ) illdiQlcd ill ba NOVl:mbcr 31, 2002 ~ thAI cbe would be
.~abte Ul iIIClOrpOnating the: following Ianful8C in die leaK.
"&ill pomn slt4JlIUJi.3J in IJrt i"....stiJlDtiDn of''fJllty or dMllJl~~ either filr orQg_1UI eltMI' FIJI
pcrtDining 10 their rcl~t:tiw: Qf't(U 01 ~spansibr/lty or ocUtI/lies NfI.r tltis Iccur (JI'Id .11 oo..lDt:, tIt~
other fK"1y rrgarding tilt lqJDI <<tio,.., ~rMd opprop";illr '0 ~e~ such d_~ or c1l11wu. ..
While it is believed that 1hc above lanpllc doc1 not ncptivdy dlcct the C4unty, it Wit to provide the.lC"el or ~ lIOrWUIDy obtained U\ otJ\cr oontnll:U or le:llCS.
If 1 loss was (0 OGCUJ and the lctic docs noC gQ~ chc Cowley', ~ lDdcInnific:atjCll\ ad Imtnncc
pnMsioJlt, the OOW'I~ will ~ eo cldcrminc w~ WlII cqliRCDl. This would .-oquirc !he eo.ty to def.ald
tbcmJelvei apiDllNtI arising out of tile lease IBJ'CCmeDt tNl iftClddel; tbc Count)' .. . dl:(cncIant.
Normally the Cowary 1nuIlm tb.c ~nsibllily for ddense Il1d tt.: plJ1DCfM Q/.lIIly judgmcats 10 the
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Without tIS SWJdard I~ and wWW\Ce provWORJ. Ho~r, if other ftlctOl$ outw"'sh the
addJtional cxpcl8UI'C5 as....WIIIld by die County w\lhou.t these provW,OIl5. it i. ~ dud Ibc leaK
I'CII\IIUl .iIeu& 1't1JUdin8 indemnification_ inaUf3llCC IIld Ibc LWIC be dcfemld to t.bc oauru if . suJl1l'CI'e
10 occur.
^' always, plcue do DOl hai.~ to call i! YOQ MWIt aay cp:1Iiua'.
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PAGE 63
~n~..n ~_ __ _~_
STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
LEASE AGREEMENT
ZONE: 17
Lease No.: 800:0266
THIS LEASE AGREEMENT, entered into this day of .2002. A. D., between
Monroe County Board of County Commissioners. party of the first part, hereinafter called the Lessor whose
Federal Identification Number (F.E.I.D. or S.S.) is 59-6000749. and the State of Florida
Department of Juvenile Justice
Division of Key West
Bureau of Circuit 16
party of the second part, hereinafter called the Lessee,
WIT N E SSE T H:
That the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept
and performed by the Lessee, has demised and leased to the Lessee, for the term and under the conditions
hereinafter set out, those certain premises in the
:Monroe County Detention Center
Name of Building)
Kev West.
(City)
33041-1980
(Zip Code)
Monroe. described as follows:
(County)
2,525 square feet of office space on 2nd floor at 5503 College Road - Key West, Florida 33040
which shall constitute an aggregate area of 2.525 square feet of net rentable space measured in accordance
with the Department of Management Services' Standard Method of Space Measurement, and which comprises
approximately .013 % of the 188.000 net square feet in the building at the rate of$16.68 per square
foot per year. The Lessor shall also provide no assifmed parking spaces for the non-exclusive use of the Lessee
as part of this lease agreement.
I TERM
TO HAVE AND TO HOLD the above described premises for a term commencmg on the 1st
day of November.2002 to and including the 31st day of October. 2007
II RENTALS
The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above described
premises for the term set out in this lease and the Lessee agrees to pay the Lessor the sum of (see addendum A)
per month for the rental period described in Article I of this lease. The rent for any fractional part of the first
month shall be prorated. The rent shall be payable the month following the month of occupancy in accordance
with Section 215.422, Florida Statutes. The rentals shall be paid to the Lessor at
Monroe County Board of County Commissioners P.O. Box 1980
(Address)
Kev West. Florida
(City)
33041-1980
(Zip Code)
III HEATING, AIR CONDITIONING AND JANITORIAL SERVICES
I.a. The Lessor agrees to furnish to the Lessee heating and air conditioning equipment and maintain same
in satisfactory operating condition at all times for the leased premises during the term of the lease at the expense of
the Lessor.
b. The Lessor agrees to maintain thermostats in the demised premises to achieve an average zone
temperature of 75 degrees Fahrenheit during the heating and cooling seasons and certifiesthat~bQilers-cherein have
been calibrated to permit the most efficient operation. . .
{'!: (-""1
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~
Page 1 of 5
FM 4054 (R07/0 I)
Lease No.: 800:0266
*2. The Lessor agrees to furnish janitorial services and all necessary janitorial supplies including the
provision of recycling trash disposal for the leased premises during the term of the lease at the expense of the
Lessor.
3. All services required above shall be provided during the Lessee's normal working hours, which are
normally from 7:30 a.m. to 5:30 p.m., Monday through Friday excluding state holidays.
IV LIGHT FIXTURES
1.a. The Lessor agrees to install in the demised premises light fixtures for the use of the Lessee.
*b. The Lessor shall be responsible for replacement of all bulbs, lamps, tubes and starters used in such
fixtures for the purpose of furnishing light.
2. The Lessor certifies that the lighting levels within the demised premises are maintained at and do not
exceed the following levels: 10 foot-candles in halls and corridors; 30 foot-candles in other public areas; a
minimum of 50 foot-candles in office, conference rooms, and other levels as set forth in the State Energy
Management Plan, Volume II, Section F.
V MAINTENANCE AND REPAIRS
1. The Lessor shall provide for interior maintenance and repairs in accordance with generally accepted
good practices, including repainting, the replacement of worn or damaged floor covering and repairs or
replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the 'term of
this lease, keep the interior of the demised premises in as good a state of repair as it is at the time of the
commencement of this lease, reasonable wear and tear and unavoidable casualties accepted.
2. The Lessor shall maintain and keep in repair the exterior of the demised premises during the term of this
lease and shall be responsible for the replacement of all windows broken or damaged in the demised premises,
except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agents
or employees.
3. The Lessor shall maintain the interior and exterior of the demised premises including grounds and
parking area so as to conform to all applicable health and safety laws, ordinances and codes which are presently in
effect and which may subsequently be enacted during the term of this lease and any renewal periods.
4. The Lessor agrees to furnish pest control services for the leased premises during the term of the lease at
the expense of the Lessor.
VI*UTILITIES
That the Lessor will promptly pay all gas, water, sewer, solid waste, power and electric light rates or
charges which may become payable during the term of this lease for the gas, water, sewer and electricity used and
disposal of solid waste generated by the Lessee on the premises; and if the lease is for 5,000 square feet or greater,
separately metered for all energy and fuels which may be consumed by Lessee, alone, Lessor will provide Lessee,
in a form and manner agreed upon, timely and accurate data on Lessee's monthly consumption or use of electricity,
natural gas, LP gas and/or fuel oil, as appropriate, pursuant to Section 255.257, Florida Statutes.
VII ACCESSIBILITY STANDARDS AND ALTERATIONS
1. The Lessor agrees that the demised premises now conform, or that, prior to Lessee's occupancy, said
premises shall, at Lessor's expense, be brought into conformance with the requirements of the Florida Americans
With Disabilities Accessibility Implementation Act, Section 553.501 - 553.513, Florida Statutes, and the current
Florida Disability Code for Building Construction, providing requirements for persons with disabilities and with
the requirement of Public Law 101-336, enacted July 26, 1990, effective January 26, 1992, Section 28 CFR Part 35
and Appendix to Section 36 CFR Part 1191, Known as the "Americans with Disabilities Act of 1990."
2. That the Lessee shall have the right to make any alterations in and to the demised premises during the
term of this lease upon first having obtained the written consent thereto of the Lessor. The Lessor shall not
capriciously withhold the consent to any such alterations.
*These are the only Articles in which the word "Lessor" can be changed to "Lessee" by the Lessee without
authorization from the Division of Facilities Management. (Rule 60H-1.003 Florida Administrative Code)
Page 2 of5
FM 4054 (R07/0 1)
Lease No.: 800:0266
VIII INJURY OR DAMAGE TO PROPERTY ON PREMISES
All property of any kind that may be on the premises during the continuance of this lease shall be at the
sole risk of the Lessee, and except for any negligence of the Lessor, the Lessor shall not be liable to the Lessee for
loss or damage to the property.
IX FIRE AND OTHER HAZARDS
1. In the event that the demised premises or the major part thereof, are destroyed by fIre, lightning, storm
or other casualty, the Lessor at its option may forthwith repair the damage to such demised premises at its own cost
and expense. The rental thereon shall cease until the completion of such repairs and the Lessor will immediately
refund the pro rata part of any rentals paid in advance by the Lessee prior to such destruction; should the premises
be only partly destroyed, so that the major part thereof is usable by the Lessee, then the rental shall abate to the
extent that the injured or damaged part bears to the whole of such premises and such injury or damage shall be
restored by the Lessor as speedily as is practicable and upon the completion of such repairs, the full rental shall
commence and the lease shall then continue the balance of the term.
2. The Lessor shall provide for fIre protection during the term of this lease in accordance with the fIre
safety standards of the State Fire Marshal. The Lessor shall be responsible for maintenance and repair of all fIre
protection equipment necessary to conform to the requirements of the State Fire Marshal. The Lessor agrees that
the demised premises shall be available for inspection by the State Fire Marshal, prior to occupancy by the Lessee,
and at any reasonable time thereafter.
3. The Lessor certifIes that no asbestos was used in the construction of the demised premises or that if
asbestos was used, actions have been completed to correct the hazards caused by the use of asbestos.
4. The Lessor certifIes that if any radon is present, it is at a measurement level less than 4 PCI/L.
X EXPIRATION OF TERM
At the expiration of the term, the Lessee will peaceably yield up to the Lessor the demised premises in
good and tenantable repair. It is understood and agreed between the parties that the Lessee shall have the right to
remove from the premises all personal property of the Lessee and all fIxtures, machinery, equipment,
appurtenances and appliances placed or installed on the premises by it, provided the Lessee restores the premises
to as good a state of repair as they were prior to the removal.
XI SUBLETTING AND ASSIGNMENT
The Lessee upon obtaining written consent of the Lessor, which written consent shall not capriciously be
withheld, shall have the right to sublet all or any part of the demised premises or to assign all or any part of the
demised premises.
XII NOT CONSENT TO SUE
The provisions, terms or conditions of this lease shall not be construed as consent of the State of Florida to
be sued because of said leasehold.
XIII WAIVER OF DEFAULTS
The waiver by the Lessee of any breach of this lease by the Lessor shall not be construed as a waiver of any
subsequent breach of any duty or covenant imposed by this lease.
XIV RIGHT OF LESSOR TO INSPECT
The Lessor, at all reasonable times, may enter into and upon the demised premises for the purpose of
viewing the same and for the purpose of making any such repairs as they are required to make under the terms of
this lease.
XV BREACH OF COVENANT
These presents are upon this condition, that, except as provided in this lease, if the Lessee shall neglect or
fail to perform or observe any covenant herein contained, which on the Lessee's part is to be performed, and such
default shall continue for a period of thirty (30) days after receipt of written notice thereof from the Lessor to the
Lessee, then the Lessor lawfully may, immediately, or at any time thereafter, and without further notice or demand,
enter into and upon the demised premises, or any part thereof, and repossess the same as of their former estate and
expel the Lessee and remove its effects forcefully, if necessary, without being taken or deemed to be guilty of any
manner of trespass and thereupon this demise shall terminate but without prejudice to any remedy which might
otherwise be used by the Lessor for arrears of rent or for any breach of the Lessee's covenants herein contained.
Page 3 of5
FM 4054 (R07/01)
Lease No.: 800:0266
XVI ACKNOWLEDGMENT OF ASSIGNMENT
That the Lessee upon the request of the Lessor shall execute such acknowledgment or acknowledgments, or
any assignment, or assignments, of rentals and profits made by the Lessor to any third person, firm or corporation,
provided that the Lessor will not make such request unless required to do so by the Mortgagee under a mortgage,
or mortgages executed by the Lessor.
XVII TAXES, INSURANCE AND COMMISSIONS
1. Lessor shall pay all real estate taxes and fire insurance premiums on the demised premises. Lessor shall
nnt be liable to carry fire insurance on the person or property of the Lessee or any other person or property, which
may now or hereafter be placed in the demised premises.
2. Lessor agrees, covenants, certifies and warrants to Lessee that no portion of the rent payable pursuant to
Article II of this Lease Agreement is at an increased rate, above the going rate of the building, based on or
attributable to any commission or fee which is paid or is payable by Lessor as the result of Lessor's having utilized
or contracted for the services of any real estate broker, salesman, agent or firm in any aspect of Lessor's dealings or
any dealings involving the leasing of the demised premises to Lessee.
XVIII AVAILABILITY OF FUNDS
The State of Florida's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Legislature. F.S. 255.2502.
XIX USE OF PREMISES
The Lessee will not make or suffer any unlawful, improper or offensive use of the premises or any use or
occupancy thereof contrary to the laws of the State of Florida or to such Ordinances of the City and/or County in
which the demised premises are located, now or hereinafter made, as may be applicable to the Lessee.
XX RENEWAL
The Lessee is hereby granted the option to renew this lease for an additional 2 - 5 year terms upon the
same terms and conditions or as specified on attached addendum. If the Lessee desires to renew this lease under
the provisions of this Article, it shall give the Lessor written notice thereof not more than six months nor less than
three months prior to the expiration of the term provided in Article I of this Lease or any applicable renewal
period.
XXI RIGHT TO TERMINATE
The Lessee shall have the right to terminate, without penalty, this lease in the event a State owned building
becomes available to the Lessee for occupancy during the term of said lease for the purposes for which this space
is being leased in the County of Monroe, Florida, upon giving six (6) months advance written notice to the Lessor
by Certified Mail, Return Receipt Requested.
XXII NOTICES AND INVOICES
All required notices to be served upon the Lessor shall be by Registered or Certified Mail, Return Receipt
Requested at:
3583 S. Roosevelt Boulevard Key West
(Street) (City)
33040
(Zip Code)
All required notices to be served upon the Lessee shall be by Registered or Certified Mail, Return Receipt
Requested at:
. 2737 Centerview Drive - Suite 114 - Tallahassee, (Florida) 32399-3100
(Street) (City) (Zip Code)
Invoices, in triplicate, shall be submitted monthly to: Finance & Accountine - 2737 Centerview Drive
Tallahassee. Florida 32399-3100.
XXIII DEFINITION OF TERMS
(a) The terms "lease," "lease agreement," or "agreement" shall be inclusive of each other and shall also include
any renewals, extensions or modifications of this lease.
(b) The terms "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto.
(c) The singular shall include the plural and the plural shall include the singular whenever the context so
requires or permits.
(d)
XXIV ADDITIONAL TERMS
(Check One)
lAll additional covenants or conditions appear on attached Addendum(s) A. B. C. D. E. F & Amendment 1
_No additional covenants or conditions form a part of this lease.
Page 4 of5
FM 4054 (R07/0 1)
Lease No.: 800:0266
'IN WITNESS WHEREOF, the parties have executed this instrument the day and year above written.
ANY LEASE SHALL NOT BECOME LEGALLY EFFECTIVE, UNTIL APPROVED/ACCEPTED BY THE
DEPARTMENT OF MANAGEMENT SERVICES.
ORIGINAL SIGNATURES RE UlRED ON ALL COPIES
Signed, sealed and delivered in the presence of:
Witness Signature
Print or Type Name of Witness
Witness Signature
Print or Type Name of Witness
AS TO LESSOR
Signed, sealed and delivered in the presence of:
Witness Signature
Print or Type Name of Witness
Witness Signature
Print or Type Name of Witness
As to President, General Partner, Trustee
Signed, sealed and delivered in the presence of:
Witness Signature
Print or Type Name of Witness
Witness Signature
Print or Type Name of Witness
AS TO LESSEE
Approved As To Conditions and Need
Therefor
DEPARTMENT OF MANAGEMENT SERVICES
, Chief
Bureau of Real Property Management
, Director
Division of Facilities Management
APPROVAL DATE:
Page 5 of5
FM 4054 (RO? /0 I)
LESSOR, IF INDNIDUAL (s):
(SEAL)
Print or Type Name
(SEAL)
Print or Type Name
Name of Corporation, Partnership, Trust, etc.:
By: (SEAL)
Its President, General Partnership, Trustee
ATIEST:
(SEAL)
Its Secretary
LESSEE: STATE OF FLORIDA
DEPARTMENT OF JUVENILE JUSTICE
By:
Larrv Ochalek . Chief
Print or Type Name
Bureau of Contractine & Purchasine
Print or Type Title
Approved As to Form and
Legality, Subject Only To Full and
Proper Execution by the Parties
Approved As to Form and
Legality, Subject Only To Full
and Proper Execution by the
Parties
GENERAL COUNSEL
DEPARTMENT OF MANAGEMENT
SERVICES
ASSISTANT GENERAL COUNSEL
DEPARTMENT OF JUVENILE
JUSTICE
By:
Print or Type Name
Approval Date:
Approval Date:
DEPARTMENT OF JUVENILE JUSTICE
Lease No. 800-0266
Location: Kev West
Rental Rate - 2,525 square feet/net rentable
Addendum A
1 RENTAL RATES:
The Lessor shall be paid by the Lessee the following rates for the terms as specified
below:
First Year
Rental November 1, 2002 through October 31, 2003
Annual Rental $42,117.00
(Forty-Two Thousand One Hundred Seventeen and 00/100 dollars)
Monthly Rental $3,509.75
(Three Thousand Five Hundred Nine and 75/100 dollars)
Rate Per Square Foot Per Year $16.68
Second Year
Rental November 1,2003 through October 31, 2004
Annual Rental $42,950.25
(Forty-Two Thousand Nine Hundred Fifty and 25/100 dollars)
Monthly Rental $3,579.19
(Three Thousand Five Hundred Seventy Nine and 19/100 dollars)
Rate Per Square Foot Per Year $17.0 I
Third Year
Rental November 1, 2004 through October 31,2005
Annual Rental $43,808.75
(Forty-Three Thousand Eight Hundred Eight and 75/100 dollars)
Monthly Rental $3,650.73
(Three Thousand Six Hundred Fifty and 73/100 dollars)
Rate Per Square Foot Per Year $17.35
Fourth Year
Rental November 1, 2005 through October 31, 2006
Annual Rental $44,692.50
(Forty-Four Thousand Six Hundred Ninety Two and 50/100 dollars)
Monthly Rental $3,724.38
(Three thousand seven hundred twenty four and 38/100 dollars)
Rate Per Square Foot Per Year $17.70
Fifth Year
Rental November 1, 2006 through October 31, 2007
Annual Rental $45,576.25
(Forty-Five Thousand Five Hundred Seventy Six and 25/100 dollars)
Monthly Rental $3,798.02
(Three Thousand Seven Hundred Ninety Eight and 02/1 00 dollars)
Rate Per Square Foot Per Year $18.05
FM 4054 (R05/01)
DEPARTMENT OF JUVENILE JUSTICE
Lease No. 800-0266
Location: Kev West
Rental Rate - 2,525 square feet/net rentable
Addendum A (continued)
II. RENEWAL OPTIONS (lIt 0(2-5 vears):
The Lessee is granted two-five year renewal options; the first five-year term, beginning
November 1,2007, to and including October 31, 2012, upon the same terms and
conditions except for the rental rate which shall be modified as follows:
First Year
Second Year
Third Year
Fourth Year
Fifth Year
FM 4054 (R05/01
Rental November 1, 2007 through October 31, 2008
Annual Rental $46,485.25
(Forty-Six Thousand Four Hundred Eighty Five and 251100 dollars)
Monthly Rental $3,873.77
(Three Thousand Eight Hundred Seventy Three and 7711 00 dollars)
Rate Per Square Foot Per Year $18.41
Rental November 1, 2008 through October 31, 2009
Annual Rental $47,419.50
(Forty-Seven Thousand Four Hundred Nineteen and 501100 dollars)
Monthly Rental $3,951.63
(Three Thousand Nine Hundred Fifty One and 63/100 dollars)
Rate Per Square Foot Per Year $18.78
Rental November 1, 2009 through October 31,2010
Annual Rental $48,379.00
(Forty- Eight Thousand Three Hundred Seventy Nine and 001100 dollars)
Monthly Rental $4,031.58
(Four Thousand Thirty One and 581100 dollars)
Rate Per Square Foot Per Year $19.16
Rental November 1, 2010 through October 31, 2011
Annual Rental $49,338.50
(Forty-Nine Thousand Three Hundred Thirty Eight and 501100 dollars)
Monthly Rental $4,111.54
(Four Thousand One Hundred Eleven and 54/1 00 dollars)
Rate Per Square Foot Per Year $19.54
Rental November 1,2011 through October 31, 2012
Annual Rental $50,323.25
(Fifty Thousand Three Hundred Twenty Three and 25/100 dollars)
Monthly Rental $4,193.60
(F our Thousand One Hundred Ninety Three and 60/100 dollars)
Rate Per Square Foot Per Year $19.93
"
DEPARTMENT OF JUVENILE JUSTICE
Lease No. 800-0266
Location: Kev West
Rental Rate - 2,525 square feet/net rentable
Addendum A
III. RENEWAL OPTIONS (2nd of2-5 vears):
The Lessee is granted two-five year renewal options; the second five-year term,
beginning November 1, 2012, to and including October 31, 2017, upon the same terms
and conditions except for the rental rate which shall be modified as follows:
First Year
Second Year
Third Year
Fourth Year
Fifth Year
PM 4054 (R05/01)
Rental November 1, 2012 through October 31, 2013
Annual Rental $51,333.25
(Fifty-One Thousand Three Hundred Thirty Three and 25/1 00 dollars)
Monthly Rental $4,277.77
(Four Thousand Two Hundred Seventy Seven and 77/100 dollars)
Rate Per Square Foot Per Year $20.33
Rental November 1, 2013 through October 31, 2014
Annual Rental $52,368.50
(Fifty-Two Thousand Three Hundred Sixty Eight and 50/100 dollars)
Monthly Rental $4,364.04
(Four Thousand Three Hundred Sixty Four and 04/100 dollars)
Rate Per Square Foot Per Year $20.74
Rental November 1, 2014 through October 31,2015
Annual Rental $53,403.75
(Fifty-Three Thousand Four Hundred Three and 75/100 dollars)
Monthly Rental $4,450.31
(Four Thousand Four Hundred Fifty and 31/100 dollars)
Rate Per Square Foot Per Year $21.15
Rental November 1,2015 through October 31, 2016
Annual Rental $54,464.25
(Fifty-Four Thousand Four Hundred Sixty Four and 25/100 dollars)
Monthly Rental $4,538.69
(Four Thousand Five Hundred Thirty Eight and 69/100 dollars)
Rate Per Square Foot Per Year $21.57
Rental November 1, 2016 through October 31,2017
Annual Rental $55,550.00
(Fifty Five Thousand Five Hundred Fifty and 00/100 dollars)
Monthly Rental $4,629.17
(Four Thousand Six Hundred Twenty Nine and 17/100 dollars)
Rate Per Square Foot Per Year $22.00
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STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
PUBLIC ENTITY CRIME STATEMENT
Addendum Number B
LEASE NUMBER: 800:0266
Public Entity Crime Statement: 287.133 Florida Statutes places the following
restrictions on the ability of persons convicted of public entity crimes to transact business
with the department:
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO for a period of36 months from the date of being placed
on the convicted vendor list.
Lessor Signatute
Monroe County Board of County Commissioners
Larry Ochalek, Chief
Bureau of Contracting & Purchasing
(Date)
(Date)
FM 40540 (R05/01)
.
STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
DISCRIMINATION
REQUIRED ADDENDUM C
LEASE NUMBER: 800:0266
An entity who has been placed on the Discriminatory Vendor List may not submit a bid or proposal to
provide goods or services to a public entity, may not submit a bid or proposal with a public entity for the
construction or repair of a public building or public work, may not submit bids or proposals on leases of
real property to a public entity, may not perform work as a contractor, supplier subcontractor or
consultant under contract with any public entity and may not transact business with any public entity.
Larry Ochalek, Chief
Bureau of Contracting & Purchasing
Lessor
Monroe County Board
of County Commissioners
Date
Date
FM 40541 (R05/01)
.
STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
PUJJLIC HURRICANE EVACUATION SHELTER
ADDENDUM D
LEASE NUMBER: 800:0266
Pursuant to Chapter 252.385 (4)(b) F.S.; facilities that are solely occupied by state agencies and
have at least 2,000 square feet of net rentable space in a single room or a combination of rooms
each having a minimum of 400 square feet may be required to serve as a public hurricane
evacuation shelter at the request of the local emergency management agencies.
It is hereby agreed and understood that in the event the facility being leased is selected for use as
an emergency shelter the lessor, upon receiving notice form the Emergency Management Center,
shall make the building available as a public hurricane evacuation shelter.
Larry Ochalek, Chief
Bureau of Contracting & Purchasing
Lessor, Signature
Monroe County Board
of County Commissioners
Date
Date
FM 4054H (R05/0 1)
STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
FAILURE TO COMPLY
ADDENDUM NUMBER E
LEASE NUMBER: 800:0266
In the event that Lessor fails to comply with any term or provision of this Lease after
written notice, Lessee reserves the option to 1) setoff and deduct from the rental amount due
Lessor under this lease such sums as Lessee determines are required to remedy the default of
Lessor; 2) do whatever Lessor is obligated to do under the terms ofthis Lease; and Lessor agrees
to reimburse Lessee on demand for any reasonable expenses which Lessee may incur in thus
effecting compliance with Lessor's obligation under this Lease; and Lessee hereby covenants and
agrees to use its best efforts to mitigate damages caused thereby; 3) terminate this Lease and
vacate the premises, but without prejudice to any remedy which might otherwise be used by the
Lessee for any breach of the Lessor's covenants contained herein; 4) bring suit for damages
against Lessor for any expense (including reasonable attorney's fees) Lessee may incur by reason
ofa delay in the Commencement Date of this Lease, except for any such delay caused solely by
any delay, default or omission of Lessee.
Lessee is required to give Lessor written notice setting forth in reasonable detail the
nature and extent of such failure and Lessor will be given thirty (30) days to cure such fuilure. If
such failure cannot reasonably be cured within such thirty (30) day period, the length of such
period shall be extended for the period reasonably required therefore, if Lessor commences
curing such failure within such thirty (30) day period and continues the curing thereof with
reasonable diligence and continuity. Reason for setoff of amounts due under this Lease shall
include, but are not limited to, remedying heating and air conditioning equipment and roofing
deficiencies. Each occasion of setoff of rental amounts due under this Lease shall be contingent
upon the prior approval of Lessee's legal counsel.
Monroe County Board
of County Commissioners
State of Florida
Department of Juvenile Justice
Larry Ochale~ Chief
Bureau of Contracting & Purchasing
Lessee Signature
Lessor Signature
(SEAL)
FM 4054C (R05/01)
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STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
JANITORIAL SERVICES
ADDENDUM L
LEASE NUMBER: 800-0266
The lessor agrees to furnish janitorial and cleaning services as part of this lease agreement. This includes furnishing all
cleaning/maintenance equipment and cleaning supplies as required, including but not limited to, drinking cups at water
fountains, bathroom tissues, paper towels, trash receptacle liners, hand soap (preferably liquid) and doormats at entrances
to the facility. All supplies are to be of good quality acceptable in the janitorial profession and of satisfactory quality
suitable to the needs of personnel.
Cleaning of the facility shall be accomplished in accord with the following schedule:
DAILY:
WEEKLY:
SEMI-ANNUALLY:
ANNUALLY:
WEEKLY:
MONTHLY:
ANNUALLY:
DAILY:
SEMI-ANNUALLY:
DAILY:
AS NEEDED, BUT AT
LEAST WEEKLY:
SEMI-ANNUALLY:
DAILY:
DAILY:
FM 4054D (R05/0l)
wall areas.
t bulbs.
Change as
1
DAILY:
ELEVATORS - (If Applicable)
If carpeted, vacuum.
If not carpeted, dust mop, remove gum and other materials, spot damp mop to remove
stains or ots. Clean hardware and control anels.
Vacuum door tracks.
Dam mo floors and s ra buffifnot
STAIRWELLS (If Applicable)
WEEKLY:
DAILY:
Remove accumulated trash.
S t swee as r uired.
Sweep.
Dust mop to remove stains.
Dust handrails, ledges, etc.
S ot clean walls and doors.
RESTROOMS
Maintain in a clean and sanitary condition: floors, walls, doors, stalls, partitions,
shelves, sinks, commodes, urinals, bath facilities, soap and towel dispensers
Clean and polish mirrors.
Empty and sanitize trash and sanitary napkin receptacles.
Replenish supplies of tissue, towels, and soap.
Check and re lace, as neces , deodorizer bars/room air freshener units.
Clean ceramic tile surfaces with a strong cleaner or bleach so that tile and grout have a
uniform color.
LOUNGE AND KITCHEN AREAS fA
Clean and sanitize sinks and counter areas.
EXTERIOR
Sweep outside area immediately adjacent to building entrances.
Ke kin lot and surroundin areas free of trash.
Swee all exterior access areas, i.e. sidewalks, mes, verandas, etc.
DAILY:
WEEKLY:
DAILY:
MONTHLY:
DAILY:
WEEKLY:
MAINTENANCE SERVICES
In reference to Articles ill and V of the lease agreement:
1. Filters for HV AC shall be changed every 90 days at a minimum and more often as conditions warrant.
2. All painted surfaces in the facility shall be freshly painted at the commencement of this lease, if needed, and at
least once every three years thereafter during the lease term and any renewals thereof. Touch up PlPnting to be
done as needed.
3. Perform such other services as are necessary to keep the facility clean and in a sanitary condition.
In providing any or all of the before mentioned services:
1. Janitorial staff is to only use necessary lighting in the areas in which they are actually working and turn off
unnecessary lighting. Air conditioning equipment is not to be turned on for the exclusive use of the janitorial
staff
2. Only actual employees of the janitorial contractor are to be admitted to the premises.
3. During after hours cleaning, all outside doors are to be locked and janitorial staff is not to provide access into
the facility to anyone.
4. Janitorial staff is to check exterior doors and windows to ensure the facility is secure at the time ofleaving the
facility.
FM 4054D (R05/01)
2
DEPARTMENT OF JUVENILE JUSTICE
AND
Monroe County Board of County Commissioners
LEASE # 800:0266 AMENDMENT # !!!!L-
)
The purpose of this amendment is to modify the below-stated lease terms.
THIS AMENDMENT, ENTERED INTO BETWEEN THE State of Florida, Department of Juvenile Justice, hereinafter
referred to as the "LESSEE" and Monroe County Board of County Commissioners, hereinafter referred to as the "LESSOR,"
amends Lease 800:0266, by deleting, as indicated by "strikethrough" and adding as indicated by ''underscore,'' the section(s)
below.
Section m.b. HEATING, AIR CONDITIONING, AND JANITORIAL SERVICES
DELETE - and certifies that boilers herein have been calibrated to permit the most efficient operation.
Section IV LIGHT FIXTURES
DELETE 2. The Lessor certifies that the lighting levels within the demised premises are maintained at and do not
exceed the following levels: 10 foot-candles in halls and corridors; 30 foot-candles in other public areas; a
minimum of 50 foot-candles in office, conference rooms, and other levels as set forth in the State Energy
Management Plan, Volume, Section F.
Section V MAINTENANCE AND REPAIRS
ADD 5. The term "interior equipment" does not include tenant-owned equipment, such as computers, copying
machines, and other office equipment
Section xvn TAXES, INSURANCE AND COMMISSIONS
DELETE 1. Lessor shall pay all real estate taxes and fire insurance premiums on the demised premises.
THE LESSOR AND THE LESSEE MUTUALLY AGREE:
This amendment shall begin upon full execution. All provisions in the lease and any attachments thereto in conflict with this
amendment shall be and are hereby changed to conform to this amendment. All provisions not in conflict with this amendment
are still in effect and are to be performed at the level specified in the lease.
This amendment is hereby made a part of the lease.
IN WITNESS WHEREOF, the Lessor has caused this one page amendment to be executed.
LESSOR:
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
LESSEE:
STATE OF FLORIDA,
DEPARTMENT OF JUVENILE JUSTICE
SIGNED BY:
SIGNED BY:
NAME:
NAME:
Larry Ochalek
TITLE:
DATE:
TITLE:
DATE:
Chief. Bureau of Contracts and Purchasing
Created 12-05-01 (DJJ/CA)
DATE