Item G07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20. 21. 2002
Division:
Public Works
Bulk Item: Yes X
No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval of Business Lease with Ships Way, Inc., to continue
occupying office space for Commissioner Neugent on Big Pine Key.
ITEM BACKGROUND: On December 14, 2002 the current lease to occupy space from Ships Way,
Inc. will expire. The lessor, in accordance to the original Lease dated December 9, 1998, is granting an
option to renew for a period of four additional years.
PREVIOUS RELEVANT BOCC ACTION: On December 9, 1998, the BOCC granted approval and
authorized execution of a Business Lease Agreement for office space for Commissioner Neugent.
CONTRACT/AGREEMENT CHANGES: Annual rent increases were changed from the CPI-U
adjustment to a 3% increase. Article fifteen concerning sufficient written notice to lessor and lessee
omitted the County Attorney, 500 Whitehead Street, Key West, FL 33040 from the original Lease dated
December 9, 1998.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $922.35 per month
BUDGETED: Yes ~ No
COST TO COUNTY: $922.35 per month
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty _ OMBlPurchasing _ Risk Management _
ITEM PREPARED BY: ~ J). ic. ·
Jo W. King, Sr. Director" Lower Keys ratioRS
DIVISION DIRECTOR APPROVAL:
Dent
DOCUMENTA nON:
Included
x
To Follow
Not Required_
AGENDA ITEM #--9
DISPOsmON:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Ships Way, Inc. Contract #
Effective Date: 12/15/02
Expiration Date: 12/14/06
Contract Purpose/Description:
To lease 813.5 sQuare feet for Commissioner Neugent
Contract Manager: Ann Mytnik 4549 Facilities Maint/Stop #4
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 11/20/02 Agenda Deadline: 11/06/02
CONTRACT COSTS
Total Dollar Value of Contract: $ 11,068.20
Budgeted? Y es~ No D Account Codes:
Grant: $ N/ A
County Match: $ N/ A
Current Year Portion: $ 9,223.50
_-00101-530440-_
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (e~. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed / 11 ~~
Division Director '" ~ , 0 vesD NoD Lf?'t../'" c;;r .A..
RiskManagement t l~q;L1:1--vesDNo8 to .~:t1
O.M.BJPurchasing IIILJ\oz.. YesDNoQ---- ~.9 9
CountyAttomey IljS-/02..,YesDNoW' ~
Date Out
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Comments:
OMB Form Revised 2/27/01 MCP #2
BUSINESS LEASE
THIS AGREEMENT, entered into this _ day of ,2002, between
SHIPS WAY, INC. hereinafter called "lessor" or "landlord", party of the first part, and THE
COUNTY OF MONROE, hereinafter called "lessee" or "tenant", party of the second part:
WITNESSETH, that said lessor does this day lease unto said lessee, and said lessee does
hereby hire and take as tenant under said lease, the space described as follows:
An office comprised of 813.5 square feet, located in the building known as The Shops of
Ships Way, 25 Ships Way, Big Pine Key, situated in Momoe County, Florida, to be used and
occupied by the lessee as an office and for no other purposes or uses whatsoever, for the term of
four (4) Years, beginning December 15,2002, and ending December 14,2006, the rent to be paid
as follows: Upon the signing of this lease, $922.35 is to be applied to the first month's rent,
including a pro-rated amount for any part month; and $922.35 on the first day of each month
thereafter. Annually, pn the anniversary of this lease, there shall be an increase of three (3) percent
in the monthly rent payment.
Payment under this name is contingent upon annual appropriations. The lessee is a
political subdivision of the State of Florida and, therefore, is not subject to state sales tax.
All payments are to be made without demand by mail to the lessor at: 29438 Saratoga
Avenue, Big Pine Key, Florida 33043.
The following express stipulations and conditions are made a part of this lease and
are hereby agreed to by all parties:
FIRST: The lessee, shall not assign, nor sub-let the premises, or any part thereof,
nor use the same, or any part thereof, for any other purpose than as above stipulated, nor make any
alteration therein; or additions thereto, without the written consent of the lessor, and all additions,
fIxtures, or improvements which may be made by the lessees, except movable office furniture, shall
become the property of the lessor and remain upon the premises as a part thereof, and be
surrendered with the premises at the termination of the lease.
SECOND: All personal property, placed or moved in the premises above described,
shall be at the risk of the lessees or owners thereof, and lessor shall not be liable for any damage to
said personal property or to the lessee, arising from the bursting or leaking of water pipes, or from
any act of negligence of any other co-tenant or occupant of the building or of any other person
whomsoever, absent negligence on the part of the lessor. There will be no outside storage without
the written consent of the lessor.
THIRD: The tenant shall promptly execute and comply with all statutes,
Drdinances, rules, orders, regulations, and requirements of the Federal, State, and City Government
and of any and of all their departments and bureaus applicable to said premises, for the correction,
prevention, and abatement of nuisances of other grievances, in, upon, or connected with said
premises during said term, and shall also promptly comply with and execute all rules, orders, and
regulations of the Southeastern Underwriters Association for the prevention of fires, at its own cost
and expense.
FOURTH: In the event that the premises shall be destroyed or so damaged or injured
by fIre or other casualty during the life of this agreement whereby the same shall be rendered
untenantable, then the lessor shall have the right to render said premises tenantable by repairs
within ninety (90) days therefrom. If said premises are not rendered tenantable within said time, it
shall be optional with either party hereto to cancel this lease, and in the event of such cancellation
the rent shall be paid only to the date of such fIre or casualty. The cancellation herein mentioned
shall be evidenced in writing.
FIFTH: The prompt payment of the rent for said premises upon the dates named,
and the faithful observance of the rules and regulations printed upon this lease, which are hereby
made a part of this covenant, are the conditions upon which this lease is made and accepted, and
any failure on the part of the lessee to comply with the terms of said lease, or any of said rules and
regulations now in existence, shall be at the option of the lessor to work a breach of this contract.
SIXTH: If the lessee shall abandon or vacate said premises before the end of the
term of this lease, Dr shall suffer the rent to be in arrears, the lessor may, at his option, forthwith
terminate this lease or he may enter said premises as the agent of the lessee, without being liable in
any way therefore, and relet the premises with or without any furniture that may be therein, at such
price and upon such terms and for such duration of time as the lessor may determine, and receive
the rent therefore, applying the same to the payment of the rent due by the presents, and if the full
rental herein provided shall not be realized by the lessor over and above the expenses to the lessor
in such re-letting, the said lessee shall pay the deficiency, and if more than the full rental is realized
lessor will pay over to said lessee the excess upon demand.
SEVENTH: In any civil action brought to enforce the provisions of this lease, the party
in whose favor a judgment has been rendered may recover reasonable court costs, including
attorney's fees, from the non-prevailing party.
EIGHTH: The lessee agrees that it will pay all charges for rent, gas, air conditioning
maintenance, electricity or other illumination, and fDr all water used on said premises. The lessee
agrees also to pay any additional costs incurred from excessive refuse disposal should they occur.
NINTH: The lessor, or any of his agents, shall have the right to enter the subject
rental premises with a 24-hour notice (except in an emergency) during all reasonable hours, to
examine the same to make such repairs, additions, or alterations as may be deemed necessary for
the safety, comfort, or preservation thereof, or of said building, or to exhibit said premises and to
put or keep upon the doors or windows thereof a notice "For Rent" at any time within thirty (30)
days before the expiration of this lease. The right of entry shall likewise exist for the purpose of
removing placards, signs, fixtures, alterations, or additions, which do not conform to this
agreement, or to the rules and regulations of the building. Landlords shall give tenant prior
reasonable notice of their intent to enter premises.
TENm: The Lessee hereby accepts the premises in the condition they are in at the
beginning of this lease and agrees to maintain said premises in the same condition, order, and
repairs as they are at the commencement of said term, excepting only reasonable wear and tear
arising from the use thereof under this agreement, and to make good to said lessor immediately
upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or
appurtenances of the said premises, or of the building, caused by any act or neglect of lessees, or
any person or persons in the employ or under the control of the lessee.
ELEVENTH: It is expressly agreed and understood by and between the parties to this
lease that the lessor shall not be liable for any damage or injury by water, which may be sustained
by the lessees or any other person, or for any other damage or injury resulting from the
carelessness, negligence, or improper conduct on the part of any other lessees, or agents, or
employees, or by reason of the breakage, leakage, or obstruction of the water, sewer, or soil pipes,
or other leakage in or about the said building.
TWELFTH: If lessees shall become insolvent or if bankruptcy proceedings shall be
begun by or against lessees before the end of the lease term, lessor is hereby irrevocably authorized
at its option, to forthwith cancel this lease, as for a default. Lessor may elect to accept rent from
such receiver, trustee, or other judicial Dfficer during the term of the occupancy in their fiduciary
capacity without affecting lessor's rights as contained in this contract, but no receiver, trustee, or
other judicial officer shall ever have any right, title, or interest in or to the described property by
virtue of this contract.
THIRTEENm: This contract shall bind lessor and their assigns or successors, and the
heirs, assigns, administrators, legal representatives, executors or successors as the case may be, of
the lessees.
FOURTEENTH: It is understood and agreed between the parties hereto that the time is of
the essence of this contract and this applies to all terms and conditions contained herewith.
FIFTEENm: It is understood and agreed between the parties hereto that written notice
by certified mail or delivered to the premises leased hereunder shall constitute sufficient notice to
lessee, and written notice by certified mail or delivered to the above stated address of lessor shall
constitute sufficient notice to the lessor, to comply with the terms of this contract.
SIXTEENTH: The rights of the lessDr under the foregoing shall be cumulative, and
failure on the part of the lessDr to exercise promptly any rights given hereunder shall nDt operate to
fDrfeit any of the said rights.
SEVENTEENTH: It is further understood and agreed between the parties hereto that any
charges against lessees by lessor for services or for work done on the premises by order of lessees
or otherwise accruing under this contract shall be considered as rent due and shall be included in
any lien for rent due and unpaid.
EIGHTEENTH: It is hereby understood and agreed that any signs or advertising to be used,
including awnings, in connection with the premises leased hereunder shall be first submitted to
lessor for approval before installation of same.
NINETEENTH: The lessees, and its customers and invitees, shall have the right, during the
term of the lease, to use the parking area or areas owned by the lessor and located adjacent to the
premises, of which the leased premises form a part, in common with the tenants occupying other
portions of the entire building. The lessees covenants and agrees, however, that it will not permit its
employees or concerns making deliveries to or from the leased premises to use any portion of the
parking area or areas other than such reasonable portion as lessor shall set apart for such purpose.
The North parking area shall be designated for employee parking, and it shall be most appreciated
by all if that regulation is enforced.
TWENTIETH: Lessee is a self-insured political subdivision of the State of Florida and
shall, at its own expense, at all times during the term of this lease, maintain insurance
which will insure the lessor against liability for injury in or death of persons, or loss or
damage to their property occurring in or about the demised premises. The insurance
coverage shall not waive any immunity lessee has pursuant to State Statute.
TWENTY-FIRST: If the tenant fails to pay rent due and the default continues for three (3)
days, excluding Saturdays, Sundays, and legal holidays, after delivery of written demand by the
landlord for payment of the rent or possession of the premises, landlord may terminate the rental
agreement. The three (3) day notice shall contain a statement in substantially the following form:
You are hereby notified that you are indebted to us in the sum of _ dollars for the rent
and use of the premises (address of lease premises, including County), Florida, now
occupied by you and we demand payment of the rent, or possession of the premises, within
three (3) days (excluding Saturday, Sunday,and legal holidays) from the date and delivery
of this notice, to wit: on or before the day of 20_.
TWENTY-SECOND: In the absence of actual knowledge of abandonment, it shall be presumed
that the tenant has abandoned the rental unit if tenant is absent from the premises for a period of
time equal to one-half the time for periodic rental payments. However, this presumption shall not
apply if the rent is current or the tenant has notified the landlord of an intended absence and there
are no breaches outstanding.
TWENTY-THIRD: Unless stated otherwise herein, the landlord and tenant shall refer to
Florida Statutes Chapter 83, Part I.
OPTION TO RENEW
Lessor grants to lessee an option to renew this lease for a period of four (4) years after the
expiration of its original term, on the same conditions of this lease. Lessees shall give lessor
written notice of its intention to renew this lease thirty (30) days prior to the expiration of this
lease.
IN WITNESS WHEREOF, the parties hereto have hereunder executed this instrument for the
purpose herein expressed, the day and year above written.
SHIPS WAY, INC,
ATTEST
David S. Shephard, President
Judy Shephard, Secretary
THE COUNTY OF MONROE
ATTEST
Mayor
Clerk of the Court