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Item C18 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 15.2007 Division: Public Works Bulk Item: Yes -L No Department: Facilities Maintenance Staff Contact Person:John W. King. 292-4431 AGENDA ITEM WORDING: Approval to renew Lease Agreement with the Florida. Keys Children's Shelter to occupy office space on the second floor of the Department of Juvenile Justice Building. ITEM BACKGROUND: The Florida Keys Children's Shelter has been leasing approximately 510 square feet located on the second floor of the Juvenile Justice Building since 2002, and has given notice that they wish to renew this lease. PREVIOUS RELEVANT BOCC ACTION: On August 21, 2002, the BOCC approved the Lease Agreement for Non-Profit Organizations with the Florida Keys Children's Shelter. CONTRACT/AGREEMENT CHANGES: Current rent will increase by 2.7% CPI-U from $17.49 to $17.96 per square feet (from $743.33 to $763.40 per month or from $8,919.90 to $9,160.74 per year). The term will be from October 1,2007 to and including September 30, 2012. STAFF RECOMMENDATIONS: Approval TOTAL COST: $ N/ A BUDGETED: Yes -X- No COST TO COUNTY: $ N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes lL No _ AMOUNT PER MONTH $763.40 Year $9.160.74 ~~ APPROVED BY: County Arty J- OMB/Purchasing Risk Management_ DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 MEMORANDUM DATE: July 25, 2007 TO: Dent Pierce, Division Director Public Works FROM: John W. King, Sr. Director Lower Keys Operations RE: Agenda Item - August 15,2007 BOCC Meeting Approval to Execute First Option to Renew Florida Keys Children's Shelter The Florida Keys Children's Shelter has been leasing approximately 510 square feet located on the second floor of the Juvenile Justice Building since the building was newly constructed, and has given notice they wish to renew this lease. Rent will increase at a 2.7% CPI-U from $743.33 to $763.40 per month or from $8,919.90 to $9,160.74 per year. The term will be from October 1,2007 to and including September 30,2012. I hereby recommend approval to execute first option to renew Lease Agreement with the Florida Keys Children's Shelter to occupy office space on the second floor of the Department of Juvenile Justice Building. JWK/jbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Keys Children's Contract # - Shelter Effective Date: October!, 2007 Expiration Date: September 30,2012 Contract Purpose/Description: To occupy 510 square feet of office space on the second floor ofDJJ Building Contract Manager: Jo B. Walters 4549 Facilities Maint/Stop #4 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 08/15/07 Agenda Deadline: 07/31/07 CONTRACTCOSTSfflEVENUE Total Dollar Value of Contract: $ REVENUE Budgeted? YeslZl No 0 Account Codes: Grant: $ N/A County Match: $ N/ A Current Year Portion:$ - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes 9r~1...~ Needed Division Director ~1 YesO No[J Risk Mana~em:t\t ~ YesO Noj2( . (>.)l<.. CJ ~J\ / j// O.M.B./PurclPaSing c:g-? ..07 YesO No~/G2cb7/c ~ County Attomey ,j:>&/o'YeSONOOO ~ i.t+J.1 Comments: J.lJ<l<.d r1J>s iwJ 'Ij7ft7 Date Out OMB Form Revised 2/27/01 MCP #2 LEASE AGREEMENT RENEWAL FOR NON-PROFIT ORGANIZATIONS THIS LEASE RENEWAL is made and entered into this day of , 2007, between MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, (hereinafter Owner or Lessor) party of the first part; and the FLORIDA KEYS CHILDREN'S SHELTER (hereinafter Tenant or Lessee), party of the second part, in order to renew the lease between the parties dated August 21, 2002 (a copy of which is incorporated hereto by reference); as follows: 1. Pursuant to Item 2. TERM, B. of the Lease dated August 21, 2002, Lessor and Lessee wish to exercise the first of two five-year options to renew the lease. 2. Pursuant to Item 3. RENT, Rent is payable in advance and calculated by the rate structure of $16.00 per square foot per year (approved by the Monroe County Board of County Commissioners at their 7/26/00 meeting) plus the CPI-U of 2.7% and may be adjusted annually. Total rent will increase from Eight Thousand Nine Hundred Nineteen and 90/100 ($8,919.90) Dollars to Nine Thousand One Hundred Sixty and 74/100 ($9,160.74) Dollars, with the monthly payment increasing from Seven Hundred Forty-Three and 33/100 ($743.33) Dollars to Seven Hundred Sixty-Three and 40/100 ($763.40) Dollars. 3. The lease renewal shall commence on October 1, 2007, and will expire on September 30,2012. 4. In all other respects, the original Lease Agreement for Non-Profit Organizations dated August 21, 2002, remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: By: Mayor Mario Di Gennaro Deputy Clerk Date: Date: (SEAL) ~Y.. N . l' 11,,<;. otary Public State of Florida Attest. . ~ r; Pq1rlr.IB K Owens '" -., "?- 0, f\.o.,f.>';" 'A1filmlssion D0582898 t at-L<< <~... 2o;;i?i8iO&2IJ10 Signature FLORIDA KEYS CHILDREN'S SHE~TER fu BY:~U~Jf b ~ 19nature ~ lJ.: l- I- <(~ ~G4'~b1 ---r;eJ I I-~ 0 ; ~~ (I).--z Print Name z ~ <( ::> ' ::> -~ & o fa. ~oo Date. "11 ,q / ,DliJ07 0 0 z >-';' ~ I gja: >-~ a:Q.. ..... z (/) 0<( wQ> ~ (/)~ Date: '7 - ~ /.0; .~ LEASE AGREEMENT POR NON - PROftT ORGANIZATIONS This Lease Agreement ("Lease") is made and entered into this 21 st day of August 2002, between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL. 33040 (Lessor/County). and Fl. Keys Children's Shelter, (LesseeICIN FIN). Whereas, the County and State of Florida, Department of Juvenile Justice. whereby there was reserved from the property described in Exhibit A, the second story in the Detention Facility Building, pursuant to a Lease Amendment dated August 15, 2001 and an original Land Lease Agreement dated July 8, 1999 and a Construction and Occupation Agreement (with a third party, the Monroe County Sheriff' s Office), dated November 20, 200 1; and Whereas the story may be utilized by the Lessor (or its designees, contractors, or agents) for any lawful public purpose; and Whereas, Lessee wishes to utilize space for the purpose of non-residential conn.Jina providina services for at risk students and families that seek help (school uflina). RPRidP.ntisal NlIIMelinll (up to 35 day$). and provides Crisis Intervention Services to help "walk-tbru" families while ~encing a crises; now therefore, 'The County and the Lessee agree as follows: 1. DEMISE AND PREMISES For good and valuable consideration, the County hereby leases to the Lessee an area approximately 510 square feet of useable space, located on the second floor of the Juvenile Justice Building at 5503 College Road, Stock Island, Key West, Florida. Said area is depicted as ~ premises" on a sketch of the second floor, said sketch being attached hereto as Exhibit B. 2. TERM A Subject to and upon the terms and conditions set forth herein, this Lease shall continue in force for a term of five years commencing as of the III day of October, 2002 and ending on the 3od' day ofSe.ptember. 2007. B. The County shall have the opbon to renew this agreement after the first term and each succeeding term for two additional five-year term periods. 3. RENT A The Lessee shall promptly pay the County, in advance, the sum of $708.90 pel" month on or before the III of each month. Rem is calwlated by the rate structure of $16.00 per square foot per year (approved by the Monroe County Board of County Commissioners at their 7/26/00 meeting) plus the CPI-U of 2.6% for July I 2001, and 1.6% as of April 2002, for a current rate of $16.68 pee square foot per year. Rent sball be made payable to Momoe County and paid to the Clerk located at the Monroe County Courthouse, 500 Whitehead Street, Key West, FL. 33040. B. The rental amount agreed to herein may be adjusted anml,lJy in accordance with the pecceotage change in the Consumer Price Index for all mban consumers (CPI- U) for the most recent twelve (12) months available. 4. UTILITIES AND MAINTENANCE The rental amount shall be inclusive of utilities, maintenance and janitorial services. 5. COMMON AREAS A. Elevators, stairs, parking areas within fenced perimeter, grounds within fenced perimeter, and walkways shall constitute the Common Areas. The Common Areas of the building are for the joint use of the Department of Iuvenile Iustice (DJJ), the Monroe County Sheriff's Office (Meso), and the County, as well as their officers, employees, agents and invitees including any operator or Lessee of DJJ, MCSO, or the County. Any and all such persons shall use the common areas in a reasonable, orderly, and sanitary m~ln1VJr in cooperation with all other occupants and their officers, employees, agents and invitees. B. Each tenant will conduct itself and will cause its officers, employees. agents, and invitees to conduct themselves with full regard for the rights, convenience, and welfare of all other occupants in the fi1cility. 6. UNAUTHORIZED USE Lessee sball, through its agents and employees, prevent the IJflAltthnrized use of the leased premises or the common areas, or any use thereof not in conformance with this Lease. The Lessee sball not permit the leased site to be used or occupied in any manner which will violate any laws or regulations of the applicable governmental authority or entity. 7. ALTERATIONS The County or MeSO are allowed by contract to make non-structuraI alterations, additions, or improvements to the second floor of the 011 building after reasonable advance written notice to 011. Therefore. any non-structural alterations, additions, or improvements which Lessee desires to make shall require County permission after advance reasonable written notice has been provided to on. 8. MECHANIC'S LIENS 2 ", No Opentors or Lessees will permit any mechanic's lien or liens to be placed on the Property or OIl improvements on them. If a mechanic's lien is filed, it shall be the sole responsibility of the Operator or Lessee causing the lien to be filed to discharge the lien and to hold harmless and defend DJJ, MCSO, and the County against enforcement of such lien. Pursuant to Section 713.01. F.S. the liens authorized in ch. 713, F.S., do not apply to OIl. the County. 01" the MCSO. DIl, MCSO. the County and their Opawcs or Lessees shall give notice to all contractors before making improvements on the Property of this provision of this agreement. 9. RECORDS - ACCESS AND AUDITS Lessee shall maintain adequate and complete records for a period of four years after termination of this lease. The County shall have access to the Lessee's books, records, and doam1ents related to this Lease Agreement upon request. The access to and inspection of such boob. records. and doaJments by the County sbaU occur at any reasonable time. 10. RELATIONSHIP OF PARTIES Lessee is. and shall be an independent contractor and not an employee. agent or servant of the County. Lessee shall exercise contro~ direction, and supervision over the means., manner personnel and volunteers through where it performs the wod. Lessee shall have DO authority whatsoever to act on behalf and/or as agent for the County in any promise. agreement or representation other than specifically provided for in this Lease. The County shall at no time be legally responsible for any negligence on the part of the Lessee. its employees, agents or volunteers resulting in either bodily or personal injury or property damage to any individual. pmperty or corporation. 11. MODIFICATION Additions to, modifications to, or deletions from the provisions of this Lease shaD be effective only if made in writing and exeatted by the County. No modification shall become effective without written approval of both parties. 12. 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 this Lease (pursuant to paragraph #13) for any misfeasance. malfeal8'lCe or oooperformance oCthe terms oftbis Lease or negligent pefionnance oftbe Lease 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. Payment of the rental amount shall be prorated if the lease is taJni~ effective before the end of any month. If the 3 prorated amount and any penalties imposed for damage to the premises are less than the amount paid, the County sball return the exce3S amount to Lessee. Lessee shall pay the County the cost of any repairs and clean-up (other than regular wear and tear) necessary to restore the premises to a rentable condition. 13. TERM.INA nON Termination oftbis Lease shall occur at the Natural ending date, or earlier should either party determine that there bas 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 tesmln~ng party sball 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 tennination 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. C. In the event funding for the lease payment comes from federal or state grants, the agency may terminate lease if no or insufficient funds upon non-appropriation from such sources, upon giving the County thirty days notice prior to termination. 14. INSURANCE REQUIREMENTS Lessee shall carry, during the term of this Lease, public liability insurance, including bodily injury and property loss damage to cover all claims, demands or actions by any person or entity in any way arising from the operation of the lase. Such liability insurance shall meet the requirements of the Insurance Requirement Attachments hereto. Monroe County shall be named as an additional insured under the insurance policy and such insurance shall be primary and non-contributing with any insurance carried by the County. Lessee sball furnish the County with a certificate evidencing the insurance required by this paragraph at the time of executing this Lease. 15. INDEMNmCATION AND HOLD HARMLESS Lessee covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners, the Department of Juvenile Justice, and the Monroe County Sheriff's Office, their departments, agencies, officials. employees, agents, servants. from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County, DJJ, and the MesO) and any other losses, damages, and expenses (including attorney's fees) which arise out ot: in connection with, this Agreement. 4 In the event the Lessee fails to purchase or maintain the required insurance, the Lessee shall indemnify the County, nn, and the MeSO from any and all expenses resulting from such failure. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 16. PERMITS Lessee shall secure and maintain all required permits and/or licenses necessary to cany out any service it provides at the premises. 17. LAWS AND REGULATIONS A This Lease 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. Lessee agrees for venue of any dispute to lie in Monroe County, Florida. B. Lessee shall comply with all federal, state and local laws and ordinances applicable to its activities and use of the premises, and shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in providing services or employing staff at the leased premises. C. Any violation of said statutes, ordinances, rules, regulations and executive orders shall constitute a material breach of this Lease and shall entitle ,the County to terminate this Lease immediately upon delivery of written notice to the Lessee. 18. SEVERABILITY If any provision of this Lease shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease, 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 Lease sbaII be valid and enforceable to the fullest extent permitted by law. 19. DAMAGE OR DESTRUcnON BY FIRE, WAR, OR ACTS OF GOD In the event that the premises subleased are rendered untenantable in whole or in substantial part as a result of destruction or damage by fire, acts or war, or acts of God this lease shall cease, provided, nonetheless, that the lessor shall have the option of rebuilding or repairing the premises if he elects so to do and gives written notice as such election to rebuild or repair to the sublessor within 10 days after such damage or destruction. If lessor elects to rebuild or repair the premises and does so without un~.essalY delay, sublessee shall be bound by the tenus of this lease, except that during the period of repairs or rebuilding, the rent under this sublease shall be abated in the same 5 proportion as the portion of the premises rendered unfit for occupancy by sublessee shall bear to the whole of the sublease premises. Sublessee shall have the right to declare this sublease terminated when more than 30 days after the destruction or damaging of the premises as shall have elapsed without the lessor having elected to repair or rebuild. 20. ASSIGNMENT Lessee shall not assign, transfer, sublease. pledge, hypothecate. surrender. or otherwise encumber or dispose of this Lease or any estate created by this Lease, or any interest in any portion of the same, without first obtaining the written consent of the County. In the event of such consent, this Lease shall be binding upon the Lessee' s successors and assIgns. 21. DISCLOSURE Lessee shall be required to list any or all potential conflicts of interest, as defined by Florida Statutes Chapter 112. Part In and the Monroe County Ethics Ordinance. Lessee shall disclose to the County all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving any client's interest which may constitute a conflict under said laws. 22. CARE OF PROPERTY Lessee shall be responsible to the County for the safekeeping and proper use of the property entrusted to the Lessee's care. and to process ail documents necessary to continue, without interruptions, any maintenance or service contracts reIating to such equipment for its service life. Lessee shall ensure that their patrons do not loiter or congregate on the property. Lessee shall not conunit waste on the leased premises, nor maintain or pennit a nuisance on the premises. 23. ETHICS CLAUSE Lessee warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision, the County may, in its discretion, terminate this Lease without liability and may also, in its discretion, deduct from the Lease or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee. 24. NOTICE 6 Any notice required or permitted under this Lease shall be in writing and hand-delivered or mailed, postage prepaid, by certified mai~ return receipt requested, to the other party as follows: To: County Monroe County Facilities Maintenance 3583 S. Rooseveh Blvd. Key West, FL 33040 To: Lessee Fl. Keys Children's Shelter 73 High Point Road Tavernier, FL 33070 25. FULL AGREEMENT This Agreement constitutes the entire and full understanding between the parties hereto and neither party shall be bound by any representations. statements. promises or agreements not expressly set forth herein and in duly executed amendments under paragraph 9 hereof .r ~(i~Q~ ,"..c?~i~.)" '., WITNES~ WHEREOF, the parties have exeaJted this agreement the day and year i.: /",'v """181~r23 ,above written. )f4 .....'~ ~f'""':">, ,tl,"\i f:',: I, Jf-/, '.\ \ "j -;, "\,,,, '1 ,,-' . ~: {~':[ \~' \ . ". ~.<i "q}J BOARD OF COUNTY COMMISSIONERS ~~:::,~::;jA~."'-~ L. KOLHAGE Clerk OF MONROE COUNTY, FLORIDA "<;G.~ By ~r/Chai~ '" :z )> ~n~ ,."~~',, 8~: 0 ~;;:; ;:;~ -to ~ -0 :<~:I: :x FL. KEYS CHILDREN'S SI--:Q!LlriR ~ ~ /TI .. ........ c::::J c:::) r-..) U) rrl -0 (SEAL) Attest: By~~~Ac-~~ By ~./f'Id)~ Title~. ~~. ~\t: Title ~~IJ~ 7 .." r- ,." CJ .." o :::0 :::0 rr1 o o :::0 CJ ~\:.:'.. ... t ~. ....~tI:"'!',.. ..., ..o;'~, ;f:T'",...~.,,--,...~:~...,-:. . EXHIBIT" A .. A parcel ofland, fonnerly submerged in the Bay of Florida, and being part of the land described in Trustees of the Internal Improvement Trust FUnd of the State of Florida (TIIF) Deed Number 19725, and also being within the boundary of the land of the Monroe County Detention Center as described in Deed recorded in Official Record Book 1139 at page 2381 of the Public Records of Monroe County, Florida and being described more Particularly by metes and bounds ~. follows: COMMENCE at point 29 as described in said Monroe County Detention Center Deed and thence S370:24'37" W for a distance of 51 feet to the POINT OF BEGINNING of the parcel herein being described; thence N53012'53" W for a distance of35.03 feet to a point; thence N 42017' 13" W for a distance of 60.81 feet to a point; thence N 52004'48" W for a distance of 59.74 feet to a point; thence N 56017'08" W for a distance of 81.09 feet to a point on the Northeasterly extension of a Southeasterly face of the Detention Center building; thence S 33007'42" W, along the said Northeasterly extension and the said Southeasterly face, for a distance of240.50 feet to the point ofintersection with a Northeasterly face of the said building;; thence S 57018 '38" E, along the said Northeasterly face of the said building and the Southeasterly extension thereof, for a distance of 174.65 feet to a point; thence N 50018'31 "E for a distance of 55.26 feet to a point; thence N71~6'47" E for a distance of75.48 feet to a point; thence N45"26'47" E for a distance of 61.81 feet to a point; thence N34039'37" E for a distance of 42.28 feet to a point; thence N53012'53" W for a distance of 17.69 feet back to the Point of Beginning. .. ..'- : \~ ..;' . , ".,.,. . 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