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Item C28ISOM= Kled My F.-I '� Meeting Date: May 21, 2014 Division: Public Works Bulk Item: Yes x No Department: Facility Maintenance Staff Contact Person/Phone #: Bob Stone 797-1458 AGENDA ITEM WORDING: Approval for Monroe County Board of County Commissioners to approve and execute lease agreement with Oxford Business III Corp., for additional office on behalf of the Supervisor of Elections at I 00th Street Center, Marathon, FL. ITEM BACKGROUND: The Supervisor of Elections is seeking additional office space for their Middle Keys operations. After a substantial search, the most cost effective and accommodating solution was found at 100"' Street Center located in Marathon. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $3,654.00/month BUDGETED: Yes - No 10 1 al W I@ ti 110111 El W13 9 I MIGNEi i 1�� REVENUE PRODUCING: Yes No X AMOUNT PER MONTH .4'MOUVTITT, County Atty 111 M 21M I V F.19=7011= MEMORANDUM TO: DENT PIERCE, PUBLIC WORKS DIVISION DIRECTOR FROM: BOB STONE, MIDDLE KEY OPERATIONS DIRECTOR RE: LEASE AGREEMENT — SUPERVISOR OF ELECTIONS The Supervisor of Elections is seeking additional office space for their Middle Keys operations. There is no additional County owned space available in the Middle Keys that meets their needs so, after contacting four realtors and looking at eight properties, the most cost effective and accommodating space was found at 100th Street Center. Therefore, request MCBOCC approval and execution of the attached lease agreement with Oxford Business III Corporation. CONTRACT SUMMARY Contract with: Oxford Business III Corp Contract 9 PWD Effective Date: June 1, 2014 Expiration Date- May 31, 2019 Contract Purpose/Description: Lease agreement of office space for the Supervisor of Elections Contract Manager: Alice Steryou 4549 Facilities 44 (Name) (Ext.) (Department/Stop #) for BOCC meeting on May 21, 2014 Agenda Deadline: May 6, 2014 =0111 Total Dollar Value of Contract: $229,577+cam Current Year Portion: $ 14,616.00 escalation, if any Budgeted? Yes F] No E Account Codes: 69400-530440- Grant: $ N/A - County Match: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $5,500/yr For: Maint. & Utilities (Not included in dollar value above) (ea. maintenance, Utilities, janitorial, salaries, etc.) KOHIN'Tar-Mm Changes Date Out Date In Needed Reviewer Division Director Yes O No� -S&-b iff s Management Yes E] NoD C, O.M.B./Purchasing Z_ -1LI Yes E] NoM County Attorney Yes El NaK I Comments: Coon Fon'n Revised 2/27/01 MCP #2 ,j = TAIS AGREEMENT OF LEASE, made and entered into this 21st day of May, 2014, by and between the OXFORD BUSINESS III CORPORATION, hereinafter referred to as Lessor, and BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafterreferred to as -- -"Lessor" and -- to be construed in the singular or i- accordingly as they resor more thanone person, ii o '1 That Lessor does by these presents lease and demise unto Lessee the following described property, lying and being situated in the city of Marathon, County of Monroe, Stat-. of Florida, and being more particularly described as follows: Unit A & Unit B, 100th Streel Center, commonly known as 00.II33 i Monroe Florida, containing+ rentable Suite R.S.F (A) 10005 732 () 100 15 1,407 TOTAL ( ) 2,139 Electionsfor a term of five (5) years, beginning on the 1st day of June, 2014, and ending on the 31' day of May, 2019, to be occupied for the purpose of conducting the business of Monrol County • said demised • - • used in no other manner and for no other purposes whatsoever without the prior writt consent of Lessor), paying therefore the initial base rent of Two Thousand Five Hundreo Fifty Four and 13/100 ($2,554.13) per month Space A}} B TOTAL (A+ ) -f RSF--- to / SF — Base 732 14.00 $ 854,00 1,407 $ 14,50 $ 1,700.13 greater1. Lessee shall pay the rent monthly, in arrears, upon receipt of a proper invoice pursuant to the Florida Prompt Payment Act, Florida Statute section 218.70 at such address as shall be supplied by Lessor, The base rent shall be subject to an annual increase of the of N '; for •3: :. period ending on December 31st of - previousyear or i 3.25%eachsuccessannversarye. cap on ., five percent r 2. In addition to the monthly base rent, the Lessee shall be obligated to pay his prorata share SPACE RSF % 10005 732 6,6% 10015 11407 123% Pro -Bata Share 193% of the annual costs for fire, flood and windstorm insurance, real property taxes, waste collection fees, common utilities and annual costs to keep and maintain in good repair the building exterior, landscaping, lighting, sidewalks, driveways, curbs and sign, Toward these obligations, Lessee shall pay $ 1,099.80 per month as an estimated prorata share of these expenses. This amount is subject to adjustment during the term of the lease, based on actual costs. Year 2013 $ SAC Space RSF CAM A 732 376,37 B f 1,407 723,43 iOTAL 2,139 1,099.80 BASE CAM TOTAL YEAR I Annual 1 $ 30,649.50 $ -13,197.63 J-$..43,847A3 Monthly I- $ 2,554,13 $ 1,099.80 $ 3,653.93 ease 0 of the term, natural deterioration and normal wear and tear, depreciation and damage by fire and the elements only excepted. Lessor shall be responsible for capital costs, approved by Lessor, exceeding Two Thousand Dollars ($2,000,00) 4, Lessee agrees to accept possession of the demised premises in their present condition, 5. All property of every kind which may be on said demised premises during the term hereof shall be at the sole risk of Lessee, or those claiming under him, and the Lessor shall not be liable to Lessee or to any other person whatsoever for any injury, loss or damage to any person or property in or upon said demised premises. To the extent set forth in F,S,768.28, Lessee hereby covenants and agrees to assume all liability for or on account of any injury, loss or damage above described and to save Lessor harmless therefrom. Furthermore, Lessor shall not be liable to Lessee or to Lessee's patrons, employees, licensees, permittees or visitors for any damage to person or property caused by the act or negligence of any other tenant or said dernised premises, or due to the building on said premises or any appurtenances thereof being improperly constructed or being or becoming out of repair, nor for any damages from any defects or want of repair of any part of the building of which the dernised premises form a part, unless injury or damage described above was caused by or was due to negligence of Lessor, Lessor's agent, servant, employee or patron-, but with the exception of the need for one ADA compliant handicap parking space of which is to be corrected, Lessee accepts said premises as wholly suitable for the purposes for which same are leased and accepts the building and each and every appurtenance thereof and waives defects therein and further agrees, to the extent set forth in F.S.768.28, to hold Lessor harmless from all claims for any such damage unless such damage was caused by or was due to negligence of Lessor's agent. It is further especially understood and agreed that Lessor shall not be liable for any failure of water supply or electric current, or for injury or damage which may be sustained to person or property by Lessee or any other person caused by or resulting from steam, electricity, water, rain or other liquid which may leak or flow from or into any part of said building or caused by the breakage, leakage, obstruction or other defect of pipes, wiring, appliances, plate glass, plumbing or lighting fixtures of the same, or by the condition of said premises or any part thereof or from any other source or by any other cause whatsoever, whether the said damage or injury shall be caused by or be due to the negligence of Lessor, Lessor's agent, servant, employee or not, nor shall Lessor be liable for interference with light or other incorporeal hereditaments, provided such interference is caused by anyone other than the landlord, nor shall Lessor be liable for such interference from operations by or for governmental agencies in construction of any public or quasi -public work, 6. Lessor will obtain fire, flood and windstorm insurance for the premises, and upon submission of the bill for same to Lessee, Lessee shall reimburse Lessor for his prorate share of same. Lessee shall purchase public liability insurance with coverage per occurrence of at least One -million Dollars ($1,000,000.00) and shall name Lessor as a co-insured on said policy, 7. Water/Sewer Charge, NA_ 8. Lessee shall pay all charges for water and electric as the same shall become due during the term of this lease. Each office is separately metered for water and electricity, Each Tenant is responsible for their own usage and for payment of their utility bills. 9. Lessee agrees that he promptly will execute and will fulfill all ordinances and regulations of the state, County or other governmental agencies applicable to said demised premises, and all ordinances imposed by the Monroe County Health Department and Sheriffs Department for the correction, prevention and abatement of nuisances in or upon or connected with said dernised premises during the term of this lease, at Lessee's sole expense and cost. 10. Lessee shall not assign this Agreement, nor shall underlet the whole or any part of the dernised premises, without the consent of Lessor first obtained in writing, and shall not occupy or permit or suffer the same to be occupied for any business or purpose deemed extrahazardous on account of fire. 11 . Lessee shall give, in case of fire or other casualty, immediate notice in writing t Lessor, who shall thereupon cause the damage to be repaired forthwith, provided material supplies and labor are reasonably available; if any portion of the premises is rendered un for occupancy, the rent shall be apportioned for the period of time required to make th repairs, according to the part of the premises, if any, which remains usable by Lessee, If th entire building shall be destroyed or if the premises is not accessible or is rendered unfit fl occupancy, then within 30 (thirty) days after the fire or other casualty, either Lessor or Less( may cancel this Lease by notice in writing to the other, effective as of the date of the mailir of the written notice, except that the rent shall be apportioned as of the date of the fire other casualty, 12.Any sign for the dernised premises shall conform to all applicable County codes an shall be either a two-sided sandblasted or laser -cut sign, not to exceed 18 inches by 7 inches, and shall be installed by Lessor on the porch ceiling in front of the demised premise Lessee shall not place, paint or otherwise affix any other signs, banners, flags or balloons a on or about the premises, or any part thereof, or change any light fixture, except as an where first approved in writing by Lessor� and Lessor shall have the right to remove any Sig nlis or signs in order to paint the building or premises or make any other repairs or alterations, b nothing herein shall be construed to require or obligate Lessor, at any time or in any manne to paint the building or premises or make any other repairs or alterations. Lessor gran Lessee permission to furnish, install and maintain, at sole cost of Lessee, sign in the buildi marquee. Same to be approved by Lessor prior to installation, consent not to unreasonably withheld by Lessor. 13, In the event of a breach or threatened breach by Lessee of any of the agreements, conditions, covenants or terms hereof, Lessor shall have the right of injunction to restrain the same and the right to invoke any remedy allowed by law or in equity, as if specific remedies, indemnity or reimbursements were not herein provided for, Furthermore, the rights and remedies given to Lessor in this lease are distinct, separate and cumulative rights and remedies, and no one of them, whether or not exercised by Lessor, shall be deemed to be in exclusion of any of the others. 4 14.The agreements, conditions, covenants and terms herein contained shall in every case apply to, be binding upon, and inure to the benefit of the respective parties hereto, their heirs. executors, administrators, successors and assigns, with the same force and effect as if specifically mentioned in each instance where a party hereto is named, provided, however, that no assignment or underletting by Lessee in violation of the provisions of this lease shall vest in any such assignee or undertenant any right to title in or to the leasehold estate hereby created. I # Lessor shall have a statutoryd # i # in addition `# given landlord's,, = i as well as any of other charges or expenses elsewhere hereinabove or hereinafter designated as "additional rent" upon all of the goods, ware, chattels, implements, fixtures, furniture, tools, machinery and other personal property which Lessee now or at any time hereafter placed in or upon the demised premises, all exemptions of said property or any part of it being hereby waived, 20, Lessee hereby especially covenants and agrees that this lease shall be subject and subordinate to any mortgage or mortgages now on the dernised premises. Lessee further agrees to subordinate this lease to any mortgage obtained by Lessor during the term of this lease or r extensions or - 21 . Lessor hereby covenants and agrees that Lessee shall and will, upon payment of all of the rents and all other sums of i provided be paid by ii observing and performing the covenants and agreements herein provided to be observed and performed by Lessee, quietly and peaceably possess and enjoy said above -demised premises unless said lease be sooner terminated under and in accordance with any of the provisions hereincontained providing itermination. see the building upon the premises or as to the earning capacity thereof; that no agreement,, stipulations, reservations, exceptions or conditions whatsoever have been made or entere into in regard to said premises or this lease which will in any way vary, contradict or impa the validity of this lease or of any of its terms and conditions; and that no modification of thl lease shall be binding unless it shall be in writing and executed and acknowledged in du form for recording by all of the parties hereto. Furthermore, Lessee takes this lease and th dernised premises subject to all recorded easements and restrictions affecting the occupatio and use thereof and subject to all statutes, ordinances and regulations of competer governmental authority affecting the occupancy and use thereof, the construction an maintenance of improvements thereon, and the businesses and occupations to be engage in by Lessee, in force now and subsequently during the term of this lease. 29.Any word, group of words, phrase, sentence, paragraph or provision herein prohibite by law or decision by a court of competent jurisdiction shall be ineffective to the extent such prohibition without invalidating the remaining provisions hereof. 30.Whenever any payment is to be made under this lease at or within a time stated an whenever any act is to be done under this lease, by either party, at or within a stated tim( time shall be of the essence of this agreement, 31.Any notice from Lessor to Lessee relating to the dernised premises or to th occupancy thereof shall be duly served, if addressed to Lessee, by United States Registeres Mail, Return Receipt Requested, to: Division of Public Works, Facilities Maintenance Contact Monitor 3583 South Roosevelt Blvd., Key West, FL 33040 Any notice from Lessee to Lessor shall be sent by United States Registered Mail, Return Receipt Requested, to: OXFORD BUSINESS III CORPORATION. c/o Emerald Real Estate Inc. / 1401 Brickell Ave. Suite 320 / Miami, FL. 33131 32It is distinctly understood and agreed by and between the Lessor and the Lessee that any holding over by Lessee of the herein demised premises after the expiration of this lease shall operate and shall be construed only as a tenancy at sufferance, and the tenant shall be liable for such additional rent as shall be allowed by the laws of the State of Florida then in effect, for the period of time he holds over after expiration, 33, It shall be lawful for Lessor or his agents at any time within sixty (60) days before the expiration of the term of this lease to enter upon the demised premises and to affix upon any suitable part thereof a notice or notices for the leasing of same, and the Lessee agrees not to remove any such notice or notices or to permit any of his employees, licensees or permittees to remove the same, 1 First Last Security TOTLL TOTAL Waived Waived $3,653.93 36, General cleaning and janitorial services to the Common Areas in accordance with the Building's standard cleaning schedule, and consistent with buildings comparable to th%-- Building in the same geographical area as the Building is located. 37. Lessor and Lessee each hereby represent and warrant to the other that they have dealt with no broker, finder or similar agent, in connection with this Lease other than the Brokers. In the event that any broker or agent other than the Brokers claims a brokerage fee in connection with this transaction, the party who procured the services of such broker or on whose behalf such broker was working if the former cannot be determined, agrees to pay said fee and to indemnify and hold harmless the other party from and against any and all liability and expense in connection with any commissions, compensation, 38. Governing Law, Venue, Interpretation. Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for thg enforcement or interpretation of this Agreement, the County and Contractor agree that venu.- will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida, The Lessor and Lessee agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 39. Lessor and Lessee agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Lessor and Lessee agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination, These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PIL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism-, 7) The Public 9 Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq,), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement, 40, Attorney's Fees and Costs, Each party shall be solely responsible for the costs of its own attorney's fees incurred in connection with the preparation and review of this lease for execution, If any action at law or in equity shall be brought under this lease, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this lease, or for the recovery of possession of the demised premises, the prevailing party shall be entitled to recover from the other party, reasonable attorney's fees and costs, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. 41, Non -Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Lessor and Lessee in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance it coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 42. Lessor grants Lessee the right to use two (2) parking spaces for every 1,000 rentable square feet leased with applicable signage. Guest parking can be found elsewhere in parking area. The total spaces corresponding to Lessee as per this lease is Four (4) spaces. 43. Lessee shall have the option to extend the Term for Five (5) additional One (1) year terms (the "Renewal Term"), subject to the terms of this agreement and the following provisions: (a) Lessee must exercise its options to renew by giving Lessor written Notice of exercise on or before the date that is Four (4) months prior to the corresponding Expiration Date with respect to the Renewal Terms ("Tenant's Renewal Notice"). Lessee shall have no right to renew any of the Term(s) if at the time of said notice of exercise there is an Event of Default by Lessee which has not been cured. (b) Renewal Term(s) shall be on the same terms and conditions as this Lease, except that Base Rent shall be established by Lessor and Lessee in accordance Three (3) months prior to the Expiration Date with respect to the Renewal Term. IN WITNESS WHEREOF, the parties to this commercial lease agreement have hereunto set their hands to duplicate originals the day and year first above written after having first noted and approved all interlineations, insertions, strikeouts and strikeovers the 21 at day of May, 2014 witne'41S Printed nanie:.., LESSOR OXFORD BUSINESS III CORPORATION B\: Al Printed Name: Printednarne: TILIc: r Date- May], 2014 (SEAL) LESSEE ATTEST: AMY HEAVILIN, CLERK BOARD 01, COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B%;: Deputy Clerk By: Date Mayor Sylvia Murphy Date TY MON CQUN "t y Q V 'J�s' ' " t( bA /S' k ASS F F C'UNT RNEY Date