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Item C01M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting October 18, 2017 Agenda Item Number: C.1 Agenda Item Summary #3462 BULK ITEM: Yes DEPARTMENT: Engineering / Roads TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329 No AGENDA ITEM WORDING: Ratification of Staging Site Leases for properties located on Rockland Key, Cudjoe Key and Ramrod Key as needed for debris collection and clean up from Hurricane Irma ITEM BACKGROUND: The County needed additional staging sites for debris collection and clean up resulting from Hurricane Irma. The County entered into Staging Site Leases with 1) Rockland Operation LLC on September 20, 2017 for property located on Rockland Key 2) Frank Dirico on September 26, 2017for property located on Cudjoe Key and 3) Rudolph O. and Roseann Krause Trust Boundary Ltd on September 26, 2017 for property located on Ramrod Key PREVIOUS RELEVANT BOCC ACTION: CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of Ratification DOCUMENTATION: Lease Rockland Operations Property Rockland Key Lease Dirico Property Cudjoe Key Lease Krause Property Ramrod Key FINANCIAL IMPACT: Effective Date: Rockland Site (9/20), Cudjoe Site (9/26) and Ramrod Site (9/26) Expiration Date: Until termination of lease is issued by County Total Dollar Value of Contract: $375 per day per acre ($3,750 per day for Rockland Site; $2,625 per day for Cudjoe Site; $1,312.50 per day for Ramrod Key Site) Total Cost to County: Current Year Portion: Budgeted: Yes Source of Funds: FEMA and State Funds CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Judith Clarke Skipped 10/03/2017 2:25 PM Christine Limbert Skipped 10/03/2017 2:25 PM Budget and Finance Completed 10/03/2017 3:32 PM Maria Slavik Completed 10/03/2017 3:41 PM Kathy Peters Completed 10/03/2017 7:59 PM Board of County Commissioners Pending 10/18/2017 9:00 AM STAGING SITE LEASE ROCKLAND OPERATIONS, LLC to MONROE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA PREMISES: Vacant ten (10) acres located at 129 Toppino Industrial Drive Rockland Key Key West, FL 33044 which is further identified and outlined in Exhibit A DATED: September 20, 2017 ©0097588 -v6 STAGING SITE LEASE I. Parties This Staging Site Lease ( "Lease ") dated September 20, 2017 is made by and between the Landlord and the Tenant, who are identified as follows: Landlord: Rockland Operations, LLC, a Florida limited liability company PO Box 787 Key West, FL 33041 with a copy to: Barton W. Smith, Esq. Smith Hawks, PL 138 Simonton Street Key West, FL 33040 Tenant: Monroe County, a political subdivision of the State of Florida Historic Gato Building 1100 Simonton Street Key West, FL 33040 with a copy to: County Attorney 1111 12th St., Suite 408 Key West, FL 33040 2. Leased Premises: Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the herein identified land, which is also referred to as the "Leased Premises" upon all of the terms, covenants and conditions set forth in this Lease: vacant ten (I 0) acres of land with a physical address of 129 Toppino Industrial Drive, Rockland Key, Key West, Florida 33040, which is further identified as shown outlined in yellow on Exhibit "A" attached hereto and made a part hereof. Tenant hereby accepts the Leased Premises in its "AS -IS" condition as of the date of this Lease and during the entirety of the Term, it being understood and agreed that Landlord shall have no additional obligation to renovate or remodel the Leased Premises as a result of this Lease. 3. Use of Leased Premises Tenant represents to Landlord that it will use the Leased Premises for the purpose of operating a staging site for debris collection and clean up from Hurricane Irma. 4. Term of the Lease This Lease is a gross lease for an initial term of thirty (30) days commencing on the date that this Lease is executed by both parties (the "Commencement 00097588 - vb Date "), which shall automatically renew for consecutive thirty (30) day periods (collectively, the "Term ") unless notice is given by Tenant of termination of the Lease at least fifteen (15) days prior to the end of the Term. The covenants and conditions of the Lease in force during the Term, as the same may be modified from time to time, shall continue to be in effect should Tenant continue to occupy the Leased Premises after the end of the Term. 5. Base Rent The amount Tenant shall pay to the Landlord for the Leased Premises shall be as follows: Three Hundred Seventy-Five ,Dollars ($375.00) per day per acre for ten (10) acres for a total amount of Three Thousand Seven Hundred Fifty Dollars ($3,750.00) per day as base rent ( "Base Rent ") which Base Rent will be $112,500.00 per month for a 30 -day month and $116,250.00 per month for a 31-day month. Tenant is a political subdivision of the State of Florida and is not obligated to pay sales tax. If any sales tax is due, Tenant is solely responsible for any and all sales tax and indemnifies and holds Landlord harmless as to any liability or claim of liability for sales tax. 6. Payment of Rent Tenant shall pay to Landlord Base Rent plus any other monetary obligations of Tenant to Landlord under the terms of this Lease (such other monetary obligations are herein referred to as "Additional Rent ") in lawful money of the United States, without offset or deduction on a monthly basis. As a condition precedent for any payment due under this Lease, the Landlord shall submit monthly, on or before the fifth (5 day of each month, unless otherwise agreed in writing by the Tenant, a proper invoice to the Tenant requesting payment for the then applicable monthly Base Rent and any Additional Rent, if applicable, and identifying the number of days, size of the Leased Premises being 10 acres, and the Base Rent rate per acre for that specific month. The Landlord's invoice shall describe with reasonable particularity the aforementioned information in order to necessitate payment by the Clerk of the Court and subsequent reimbursement by the Federal Emergency Management Administration ( "FEMA") to Monroe County. The Landlord's invoice shall be accompanied by such documentation or data in support of the Base Rent and/or any Additional Rent for which payment is sought as the Tenant may require. Payment of any Base Rent, late charges, interest, or Additional Rent will be made pursuant to the Local Government Prompt Payment Act Section 218.70, Florida Statutes. Payment of Base Rent and Additional Rent shall be made to Landlord at its address stated herein or to such other persons or at such other addresses as Landlord may from time to time designate in writing to Tenant. Base Rent and Additional Rent are collectively referred to as "Rent" or "rent ". All monetary obligations of Tenant to Landlord under the terms of this Lease are deemed to be Rent. 7. Utilities and Other Tenant Responsibilities: Commencing on the Commencement Date of this Lease Tenant shall pay for all utilities (gas, electricity, oil, water, sewer, etc.) which may service the Leased Premises. For any utilities that are or can be separately metered to the Leased Premises, Tenant shall pay directly to any public utility provider. All utilities, including those that are separately metered or assessed, are Tenant's responsibility to pay for as of the Commencement Date. 8. Alterations and Improvements: Tenant shall not make nor cause to be made any alterations and improvements in, on, under or about the Leased Premises without the prior 0W97588 - Y6 2 written consent of Landlord, which consent shall not be unreasonably withheld. Upon Landlord consent being received, Tenant shall bear the sole cost of such alterations and improvements. Alterations and improvements are further described as any change or addition to the grounds, or boundaries of the Leased Premises. This includes personal property, equipment, machinery, trade fixtures and installations that are attached, fastened or installed on the Leased Premises. Tenant will obtain, at its sole cost and expense, all permits and approvals required in connection with any alterations or installations and Landlord shall reasonably approve all plans prior to the commencement of such work. All contractors working on such work shall be licensed in the state of Florida and have appropriate insurance for such work, which insurance shall name Landlord as additional insured. Nothing in this Lease shall be deemed to be, or construed in any way as constituting, the consent or request of Landlord, expressed or implied, by inference or otherwise, to any person, firm or corporation for the performance of any labor or the furnishing of any materials for any construction on to the Leased Premises or any part thereof, nor as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials which might in any way give rise to the right to file any lien against Landlord's interest in the Leased Premises. Tenant shall promptly pay for all materials supplied and work done in respect of the Leased Premises so as to ensure that no lien is recorded against any portion of the Leased Premises or against Landlord's or Tenant's interest therein. If a lien is so recorded, Tenant shall discharge it within thirty (30) days by payment or bonding or shall be in default under this Lease. If any such lien is recorded and not discharged by Tenant as above required, Landlord shall have the right to remove such lien by bonding or payment and the cost thereof shall be paid immediately from Tenant to Landlord. Landlord and Tenant expressly agree and acknowledge that no interest of Landlord in the Leased Premises shall be subject to any lien for improvements made by Tenant in or for the Leased Premises, and Landlord shall not be liable for any lien for any improvements made by Tenant, such liability being expressly prohibited by the terms of this Lease, and Tenant hereby agrees to inform all contractors and material suppliers performing work in or for or supplying materials to the Leased Premises of the existence of said prohibition. Landlord shall have the right to post and keep posted at all reasonable times on the Leased Premises any notices which Landlord shall be required so to post for the protection of Landlord and the Leased Premises from any such lien. Tenant agrees to promptly execute such instruments in recordable form in accordance with the terms and provisions of Section 713.10, Florida Statutes, as are necessary to give public notice of the terms and conditions hereof. Tenant is hereby informed that Landlord may have already filed a notice in the public records which precludes the Landlord's interest in the Leased Premises from being subject to the liens of contractors performing work for Tenant. 9. Landlord's Access At any reasonable time and in any reasonable manner, the Landlord may inspect the Leased Premises. 10. Subordination and Non - Disturbance This Lease is subject and subordinate to a first mortgage now or hereafter effecting or covering the Leased Premises. Tenant agrees to attorn to and to recognize the mortgagee or the purchaser at foreclosure sale as Tenant's landlord for the balance of the term of this Lease. Tenant hereby agrees, however, that such mortgagee or the purchaser at foreclosure sale shall not be (i) liable for any act or omission of Landlord, (ii) subject to any offsets or defenses which Tenant might have against Landlord, (iii) bound by any Rent or Additional Rent which Tenant may have paid to Landlord for more than the current month, (iv) bound by any amendment or modification of this Lease made without its consent. W097588 - v6 3 The aforesaid subordination and attornment provisions shall be self-operative; however, Tenant agrees to promptly execute any other agreement submitted by Landlord in confirmation or acknowledgment of same within ten (10) days of its presentation to Tenant. However, notwithstanding the provisions of this Paragraph, so long as Tenant is not in default of the provisions of this Lease, the Landlord and the holder of any mortgage or any purchaser agree that Tenant's peaceful possession of the Leased Premises shall not be disturbed. 11. Property Conditions and Liabilift Landlord and Tenant recognize that the Leased Premises have previously been used as vacant land as well as an industrial yard. Tenant agrees to be responsible and hold the Landlord harmless from and against any and all loss, claims, liability or costs (including court costs and attorney's fees) incurred by reason of Tenant's use of the property as a collection and staging area to the extent permitted by Florida Statute Sec. 768.28. Notwithstanding anything contained in this Lease to the contrary, Tenant, as a political subdivision of the State of Florida does not waive and expressly reserves its sovereign immunity except as provided in Florida Statute Sec. 768.25. 12. Waiver of Subrocation With respect to insurance policies of Tenant, should Tenant so choose to hold, and only to the extent that such policies permit, Landlord hereby releases Tenant from liability for loss or damages on or to the Leased Premises or the contents thereof to the extent such loss or damages is covered by such policies. 13. Casualty: If the Leased Premises should be damaged or made un- usable by casualty during the Term of the Lease, either party may terminate this Lease upon written notice to the other party. 14. Condemnation If the whole of the Leased Premises, or such portion thereof as will make the Leased Premises unusable for the purposes leased hereunder, shall be taken by any public authority under the power of eminent domain or sold to any public authority under threat or in lieu of such taking, the Term shall cease as of the day possession or title shall be taken by such public authority, whichever is earlier ( "Taking Date "), whereupon Rent shall be paid up to the Taking Date with a proportionate refund by Landlord of any Rent paid for a period subsequent to the Taking Date. If less than the whole of the Leased Premises, or less than such portion thereof as will make the Leased Premises unusable for the purposes leased hereunder, shall be taken, the Tenn shall cease only as to the part so taken as of the Taking Date, and Tenant shall pay Rent up to the Taking Date, with appropriate credit by Landlord (toward the next installment of Rent due from Tenant) of any Rent paid for a period subsequent to the Taking Date. Base Rent and other charges payable to Landlord shall be reduced in proportion to the amount of the Leased Premises taken. All compensation awarded or paid upon a total or "partial taking of the Leased Premises including the value of the leasehold estate created herebypshall belong to and be the property of Landlord without any participation by Tenant; Tenant shall have no claim to any such award based on Tenant's leasehold interest. However, nothing contained herein shall be construed to preclude Tenant, at its cost, from independently prosecuting any claim directly against the condemning authority in such condemnation proceeding for damage to, or cost of removal of, stock, trade fixtures, furniture, and other personal property belonging to Tenant, improvements paid for by Tenant, and moving and other reasonable relocation expenses; 00097588 - v6 4 provided, however, that no such claim shall diminish or otherwise adversely affect Landlord's award 15. Surrender of Possession Tenant shall surrender possession of the Leased Premises to Landlord upon expiration of the Term of this Lease, in the same condition in which the Leased Premises were when this Lease was executed, normal wear and tear accepted. Any personal property of Tenant's left in the Leased Premises shall become the property of the Landlord or shall be returned to the Tenant at the Tenant's cost. For the sake of clarity, all debris must be removed from the eased Premises prior to the end of the Term. 16. EStoppel_Certi 'cate Tenant shall, at any time and from time to time, within ten (10) business days after written request by Landlord, execute, acknowledge and deliver to Landlord, or its mortgagee or trustee, a statement in writing duly executed by Tenant (i) certifying that this Lease is in full force and effect (if that be the case) without modification or amendment (or, if there have been any modifications or amendments, that this Lease is in full force and effect as modified and amended and setting forth the modifications and amendments), (ii) certifying the dates to which rental have been paid, and (iii) either certifying that to the knowledge of the Tenant no default exists under this Lease or specifying each such default; it being the intention and agreement of Landlord and Tenant that any such statement by Tenant may be relied upon by a prospective purchaser or a prospective or current mortgagee of the Leased Premises, or by others, in any matter affecting the Leased Premises. 17. Events of Default Tenant shall be in default under this Lease upon the happening of any of the following events (each an "Event of Default "): a. The Abandonment of the Leased Premises by Tenant; b. Failure of the Tenant to maintain the property and be liable as required by Paragraph 11; c. Tenant's failure to pay the Rent or any other charge for which it may be liable, or any portion of it pursuant to the Local Government Prompt Payment Act Section 218.70, Florida Statutes, after having received an invoice in a format acceptable for payment by the Clerk of Monroe County and for FEMA reimbursement. 18. Landlord's Remedies In the event of Tenant's default, Landlord shall have all rights available under Florida law. 19. No Set-Off The Lease sets forth the entire agreement between Landlord and Tenant concerning the Leased Premises and Tenant's use and occupancy thereof and there are no other agreements between them. Landlord and Tenant each hereby acknowledge and affirm that, as of the date hereof, the Lease is in full force and effect and there are no claims, offsets, or breaches of the Lease, or any action or causes of action by Tenant against Landlord or Landlord against Tenant, respectively, directly or indirectly relating to the Lease. 20. Governing Law This is a Florida contract, governed by Florida law. In the event of any dispute between the parties regarding the terms and provisions of this Lease, the parties 00097588 - v6 5 agree that the Courts in Monroe County, Florida shall have exclusive jurisdiction over such dispute. 21. Bindinz Effect: This Lease shall be binding upon the parties, their personal representatives, successors and assigns 22. Cumulative Remedies No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies in law or in equity. 23. Authority: The Parties each represent and warrant to the other that each has full authority to execute this Lease without the joinder or consent of any other party and that each party has not assigned any of its right, title, and interest in the Lease to any other party. 24. Notices All notices required or permitted by this Lease shall be in writing and may be delivered in person (by hand or by messenger or courier service) or may be sent by certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by nationally recognized overnight courier service, and shall be deemed sufficiently given if served in a manner specified in this Paragraph. The addresses noted adjacent in Paragraph l this Lease shall be that Party's address for delivery or mailing of notices. Either Party may by written notice to the other specify a different address for notice purposes. A copy of all notices required or permitted to be given to Landlord hereunder shall be concurrently transmitted to such party or parties at such addresses as noted in paragraph 1 or as Landlord may from time to time hereafter designate by written notice to Tenant. 25. Date of Notice Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. Notices delivered by United States Express Mail or overnight courier that guarantees next day delivery shall be deemed given 24 hours after delivery of the same to the United States Postal Service or courier. if notice is received on a Saturday or a Sunday or a legal holiday, it shall be deemed received on the next business day. 26. Attorneys' Fees and Other Costs If any Party brings an action or proceeding to enforce the terms hereof or declare rights hereunder, the " Prevailing; Party (as hereafter defined) in any such proceeding shall be entitled to reasonable attorneys' fees. The term " Prevailing >� " shall include, without limitation, a Party who substantially obtains or defeats the relief sought. 27. Security Measures: Tenant acknowledges that Landlord does not include the cost of guard service or other security measures. Landlord has no obligations to provide same. Tenant assumes all responsibility for the protection of the Leased Premises, Tenant, its agents and invitees and their property from the acts of third parties. 28. Reservations Landlord reserves the right to grant such easements that Landlord deems necessary and to cause the recordation of parcel maps, so long as such easements and maps do not unreasonably interfere with the use of the Leased Premises by Tenant. Tenant agrees to sign any documents reasonably requested by Landlord to effectuate any such easements or maps. Tenant agrees that Landlord may at any time following the execution of this Lease, either directly or through Landlord's agents, identify Tenant's name in materials required by 00097588 -v6 6 relevant regulations or any potential sale materials, and Tenant waives any and all claims in connection therewith. 29. Conflict Any conflict between the printed provisions of this Lease and the typewritten or handwritten provisions, if any, shall be controlled by the typewritten or handwritten provisions. 30. Amendments This Lease may be modified only in writing, signed by the parties in interest at the time of the modification. 31. Lease Captions: The captions of this Lease are for convenience only and are not a part of this Lease, and do not in any way define, limit, describe or amplify the terms or provisions of this Lease or the scope or intent thereof. 32. Interpretation The parties acknowledge that this Lease is the result of negotiations between the parties, and in construing any ambiguity hereunder, no presumption shall be made in favor of either party. No inference shall be made from any item, which has been stricken from this Lease other than the deletion of such item. 33. Sligning of Documents: Tenant shall sign and deliver any instrument or documents necessary or appropriate to evidence any such attornment or subordination or agreement to do so. Tenant shall sign such instrument or documents, provided, however, Tenant receives a non- disturbance provision from Landlord that for so long as Tenant is not in default under this Lease, Tenant's occupancy of the Leased Premises shall not be disturbed. 34. Independent Covenants The doctrine of independent covenants will apply in all matters relating to this Lease including, without limitation, all obligations of Landlord and Tenant to perform their respective obligations under this Lease. The preceding sentence shall apply notwithstanding that Landlord may have defaulted in fulfilling a covenant to maintain or repair the Leased Premises even if such default results in the unsuitability of the Leased Premises for Tenant's intended commercial use. e 35. Force Maieure Any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God, including inclement weather and/or periods of rain or other weather conditions, inability to obtain labor or materials, or reasonable substitutes therefore, governmental restrictions or requirements, governmental regulations, governmental controls, inability to timely obtain governmental approvals, failure of power, riots, insurrection, war or other enemy or hostile government action, civil commotion, fire or other casualty, early closure of asphalt plants, and other causes beyond the reasonable control of the party obligated to perform, shall excuse the performance by such party for a period equal to any such prevention, delay, or stoppage, including the obligations of Landlord to deliver the Leased Premises. The foregoing force majeure provisions are inapplicable to any payments of money due under this Lease. 36. No Partnership Nothing in this Lease creates any relationship between the parties other than that of landlord and tenant, and nothing in this Lease constitutes the Landlord a partner of Tenant or a joint venturer or member of a common enterprise with Tenant. 00097588 - vG 37. Counterparts This Lease may be executed in counterparts each of which shall be deemed an original and all of which together shall constitute one instrument. A PDF signature shall be deemed for all purposes to be an original. 38. Time is of the essence Time is of the essence with respect to the performance of all obligations to be performed or observed by the Parties under this Lease. 39. Severability The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall not affect the validity of any other provision hereof. 40. Entire Contract This document expresses the entire agreement between the parties and may not be amended or enlarged except by writing. 41. No Recording Neither party shall record this Lease, nor any memorandum of it. 42. Further Assurances Tenant will execute, acknowledge, and deliver all such instruments and take all actions as Landlord from time to time may require to document and maintain the tenancy created hereby including, but not limited to, estoppel letters and subordination agreements. 43. Cony Received Tenant hereby acknowledges receiving a copy of this Lease. 44. Limitation of Warranties There are no implied warranties of merchantability or fitness or of any other kind arising out of this Lease. 45. No Prior or Other Agreements, This Lease contains all agreements between the Parties with respect to any matter mentioned herein, and supersedes all oral, written prior or contemporaneous agreements or understandings. 46. Waiver of Jury Trial EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (i) ARISING UNDER THIS LEASE OR (ii) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO IN RESPECT OF THIS LEASE OR THE TRANSACTIONS RELATED HERETO OR THERETO IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING. EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY AND THAT ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OF A COPY OF THIS LEASE WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY. 47. Broker Commissions Both Tenant and Landlord warrant that no brokers procured this transaction. The parties agree to indemnify each other against any liability for commissions to any brokers regarding this transaction. 48. Radon Disclosure In accordance with Florida Statutes, the following information is provided: 00 047586 - v5 8 Radon Gas: Radon is a naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. [Signature page to follow] 00091583 • v6 9 IN WITNESS WHEREOF, the parties have set their hands and seals as of this " - day of September, 2017. — (SEAL) Attest: KEVIN MADOK, Clerk Dep y Clerk WITNESSES: Print Print name: TENANT Monroe County, a Political Subdivision of the State of Florida i By: `- MAYOR Approved as to Form MONROE COUNTY ATTORNEY'S OFFICE RAVER AS T FOR — RATRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: LANDLORD Rockland Operations, LLC, a Florida limited liability company B 4 b Print name: I vy A D p ) 1 - 0 Title: 00097588- v6 00097588 - v6 EXHIBIT A LEASED PREMISES m E a� c m 2 0 4- T) d D i O N d r Cl C cC r N i O N d N cC _d 4- O C O r cC V r cC T d Y C tC V O T r i d M O L 0. c O r m m M O c m O a m m m J r C d E t V cC r r Q Packet Pg. 1047 STAGING SITE LEASE FRANK DIRICO, AN INDIVIDUAL to MONROE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA PREMISES: Two (2) vacant parcels comprising seven (7) acres located on Blimp Road Cudjoe Key, Florida Monroe County RE Numbers 00115950- 000100 and 00115940- 000100 which are further identified and outlined in Exhibit A DATED: September 1b , 2017 00097830 - v1 STAGING SITE LEASE 1. Parties This Staging Site Lease ( "Lease ") dated September , 2017 is made by and between the Landlord and the Tenant, who are identified as follows: Landlord Frank DiRicio CIO Industrial Communications and Electronics, Inc. 350 NW 215 Street Miami, FL 33169 with a copy to: Barton W. Smith, Esq. Smith Hawks, PL 138 Simonton Street Key West, FL 33040 with an additional copy to: Mike Umano Tenant- Monroe County, a political subdivision of the State of Florida Historic Gato Building 1100 Simonton Street Key West, FL 33040 with a copy to: County Attorney 1111 12th St., Suite 408 Key West, FL 33040 2. Leased Premises Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the herein identified land, which is also referred to as the "Leased Premises" upon all of the terms, covenants and conditions set forth in this Lease: the vacant land on Blimp Road, Cudjoe Key, Florida, identified as Monroe County RE Nos. 00115950- 000100 and 00115940- 000100, which is further identified as shown outlined in red on Exhibit "A" attached hereto and made a part hereof Tenant hereby accepts the Leased Premises in its "AS -IS" condition as of the date of this Lease and during the entirety of the Term, it being understood and agreed that Landlord shall 00097830 - v1 have no additional obligation to renovate or remodel the Leased Premises as a result of this Lease. 3. Use of Leased Premises Tenant represents to Landlord that it will use the Leased Premises for the purpose of operating a staging site for debris collection and clean up from Hurricane Irma. 4. Term of the Lease This Lease is a gross lease for an initial term of thirty (30) days commencing on the date that this Lease is executed by both parties (the "Commencement Date "), which shall automatically renew for consecutive thirty (30) day periods (collectively, the "Term ") unless notice is given by Tenant of termination of the Lease at least fifteen (15) days prior to the end of the Term. The covenants and conditions of the Lease in force during the Term, as the same may be modified from time to time, shall continue to be in effect should Tenant continue to occupy the Leased Premises after the end of the Tenn.. 5. Base Rent The amount Tenant shall pay to the Landlord for the Leased Premises shall be as follows: Three Hundred Seventy -Five Dollars ($375.00) per day per acre for seven (7) acres for a total amount of Two Thousand Six Hundred Twenty -Five Dollars ($2,625.00) per day as base rent (`Base Rent") which Base Rent will be $78,750.00 per month for a 30 -day month and $81,375.00 per month for a 31 -day month. Tenant is a political subdivision of the State of Florida and is not obligated to pay sales tax. If any sales tax is due, Tenant is solely responsible for any and all sales tax and indemnifies and holds Landlord harmless as to any liability or claim of liability for sales tax. 6. Payment of Rent Tenant shall pay to Landlord Base Rent plus any other monetary obligations of Tenant to Landlord under the terms of this Lease (such other monetary obligations are herein referred to as "Additional Rent ") in lawful money of the United States, without offset or deduction on a monthly basis. As a condition precedent for any payment due under this Lease, the Landlord shall submit monthly, on or before the fifth (5 day of each month, unless otherwise agreed in writing by the Tenant, a proper invoice to the Tenant requesting payment for the then applicable monthly Base Rent and any Additional Rent, if applicable, and identifying the number of days, size of the Leased Premises being seven (7) acres, and the Base Rent rate per acre for that specific month. The Landlord's invoice shall describe with reasonable particularity the aforementioned information in order to necessitate payment by the Clerk of the Court and subsequent reimbursement by the Federal Emergency Management Administration ( "FEMA ") to Monroe County. The Landlord's invoice shall be accompanied by such documentation or data in support of the Base Rent and/or any Additional Rent for which payment is sought as the Tenant may require. Payment of any Base Rent, late charges, interest, or Additional Rent will be made pursuant to the Local Government Prompt Payment Act Section 218.70, Florida Statutes. Payment of Base Rent and Additional Rent shall be made to Landlord at its address stated herein or to such other persons or at such other addresses as Landlord may from time to time designate in writing to Tenant. Base Rent and Additional Rent are collectively referred to as "Rent" or "rent ". All monetary obligations of Tenant to Landlord under the terms of this Lease are deemed to be Rent. 00097830 - A 7. Utilities and Other Tenant Responsibilities Commencing on the Commencement Date of this Lease Tenant shall pay for all utilities (gas, electricity, oil, water, sewer, etc.) which may service the Leased Premises. For any utilities that are or can be separately metered to the Leased Premises, Tenant shall pay directly to any public utility provider. All utilities, including those that are separately metered or assessed, are Tenant's responsibility to pay for as of the Commencement Date. 8. Alterations and Improvements Tenant shall not make nor cause to be made any alterations and improvements in, on, under or about the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Upon Landlord consent being received, Tenant shall bear the sole cost of such alterations and improvements. Alterations and improvements are further described as any change or addition to the grounds, or boundaries of the Leased Premises. This includes personal property, equipment, machinery, trade fixtures and installations that are attached, fastened or installed on the Leased Premises. Tenant will obtain, at its sole cost and expense, all permits and approvals required in connection with any alterations or installations and Landlord shall reasonably approve all plans prior to the commencement of such work. All contractors working on such work shall be licensed in the state of Florida and have appropriate insurance for such work, which insurance shall name Landlord as additional insured. Nothing in this Lease shall be deemed to be, or construed in any way as constituting, the consent or request of Landlord, expressed or implied, by inference or otherwise, to any person, firm or corporation for the performance of any labor or the furnishing of any materials for any construction on to the Leased Premises or any part thereof, nor as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials which might in any way give rise to the right to file any lien against Landlord's interest in the Leased Premises. Tenant shall promptly pay for all materials supplied and work done in respect of the Leased Premises so as to ensure that no lien is recorded against any portion of the Leased Premises or against Landlord's or Tenant's interest therein. If a lien is so recorded, Tenant shall discharge it within thirty (30) days by payment or bonding or shall be in default under this Lease. If any such lien is recorded and not discharged by Tenant as above required, Landlord shall have the right to remove such lien by bonding or payment and the cost thereof shall be paid immediately from Tenant to Landlord. Landlord and Tenant expressly agree and acknowledge that no interest of Landlord in the Leased Premises shall be subject to any lien for improvements made by Tenant in or for the Leased Premises, and Landlord shall not be liable for any lien for any improvements made by Tenant, such liability being expressly prohibited by the terms of this Lease, and Tenant hereby agrees to inform all contractors and material suppliers performing work in or for or supplying materials to the Leased Premises of the existence of said prohibition. Landlord shall have the right to post and keep posted at all reasonable times on the Leased Premises any notices which Landlord shall be required so to post for the protection of Landlord and the Leased Premises from any such lien. Tenant agrees to promptly execute such instruments in recordable form in accordance with the terms and provisions of Section 713.10, Florida Statutes, as are necessary to give public notice of the terns and conditions hereof. Tenant is hereby informed that Landlord may have already filed a notice in the public records which precludes the Landlord's interest in the Leased Premises from being subject to the liens of contractors performing work for Tenant. 9. Landlord's Access At any reasonable time and in any reasonable manner, the Landlord may inspect the Leased Premises. 00097830 - vl 3 10. Subordination and Non - Disturbance This Lease is subject and subordinate to a first mortgage now or hereafter effecting or covering the Leased Premises. Tenant agrees to attorn to and to recognize the mortgagee or the purchaser at foreclosure sale as Tenant's landlord for the balance of the term of this Lease. Tenant hereby agrees, however, that such mortgagee or the purchaser at foreclosure sale shall not be (i) liable for any act or omission of Landlord, (ii) subject to any offsets or defenses which Tenant might have against Landlord, (iii) bound by any Rent or Additional Rent which Tenant may have paid to Landlord for more than the current month, (iv) bound by any amendment or modification of this Lease made without its consent. The aforesaid subordination and attorm ent provisions shall be self- operative; however, Tenant agrees to promptly execute any other agreement submitted by Landlord in confirmation or acknowledgment of same within ten (10) days of its presentation to Tenant. However, notwithstanding the provisions of this Paragraph, so long as Tenant is not in default of the provisions of this Lease, the Landlord and the holder of any mortgage or any purchaser agree that Tenant's peaceful possession of the Leased Premises shall not be disturbed. 11. Property Conditions and Liability Landlord and Tenant recognize that the Leased Premises have previously been used as vacant land as well as an industrial yard. Tenant agrees to be responsible and hold the Landlord harmless from and against any and all loss, claims, liability or costs (including court costs and attorney's fees) incurred by reason of Tenant's use of the property as a collection and staging area to the extent permitted by Florida Statute Sec. 768.28. Notwithstanding anything contained in this Lease to the contrary, Tenant, as a political subdivision of the State of Florida does not waive and expressly reserves its sovereign immunity except as provided in Florida Statute Sec. 768.28. W aiver of Subrogation With respect to insurance policies of Tenant, should , Tenant so choose to hold, and only to the extent that such policies permit, Landlord hereby releases Tenant from liability for loss or damages on or to the Leased Premises or the contents thereof to the extent such loss or damages is covered by such policies. 13. Casual : If the Leased Premises should be damaged or made un- usable by casualty during the Tenn of the Lease, either party may terminate this Lease upon written notice to the other party. 14. Condemnation If the whole of the Leased Premises, or such portion thereof as will make the Leased Premises unusable for the purposes leased hereunder, shall be taken by any public authority under the power of eminent domain or sold to any public authority under threat or in lieu of such taking, the Term shall cease as of the day possession or title shall be taken by such public authority, whichever is earlier ( "Taking Date "), whereupon Rent shall be paid up to the Taking Date with a proportionate refund by Landlord of any Rent paid for a period subsequent to the Taking Date. If less than the whole of the Leased Premises, or less than such portion thereof as will make the Leased Premises unusable for the purposes leased hereunder, shall be taken, the Term shall cease only as to the part so taken as of the Taking Date, and Tenant shall pay Rent up to the Taking Date, with appropriate credit by Landlord (toward the next 00097830 - v1 4 installment of Rent due from Tenant) of any Rent paid for a period subsequent to the Taking Date. Base Rent and other charges payable to Landlord shall be reduced in proportion to the amount of the Leased Premises taken. All compensation awarded or paid upon a total or partial taking of the Leased Premises including the value of the leasehold estate created hereby shall belong to and be the property of Landlord without any participation by Tenant; Tenant shall have no claim to any such award based on Tenant's leasehold interest. However, nothing contained herein shall be construed to preclude Tenant, at its cost, from independently prosecuting any claim directly against the condemning authority in such condemnation proceeding for damage to, or cost of removal of, stock, trade fixtures, furniture, and other personal property belonging to Tenant, improvements paid for by Tenant, and moving and other reasonable relocation expenses; provided, however, that no such claim shall diminish or otherwise adversely affect Landlord's award 15. Surrender of Possession Tenant shall surrender possession of the Leased Premises to Landlord upon expiration of the Term of this Lease, in the same condition in which the Leased Premises were when this Lease was executed, normal wear and tear accepted. Any personal property of Tenant's left in the Leased Premises shall become the property of the Landlord or shall be returned to the Tenant at the Tenant's cost. For the sake of clarity, all debris must be removed from the eased Premises prior to the end of the Term. 16. Estoppel Certificate Tenant shall, at any time and from time to time, within ten (10) business days after written request by Landlord, execute, acknowledge and deliver to Landlord, or its mortgagee or trustee, a statement in writing duly executed by Tenant (i) certifying that this Lease is in full force and effect (if that be the case) without modification or amendment (or, if there have been any modifications or amendments, that this Lease is in full force and effect as modified and amended and setting forth the modifications and amendments), (ii) certifying the dates to which rental have been paid, and (iii) either certifying that to the knowledge of the Tenant no default exists under this Lease or specifying each such default; it being the intention and agreement of Landlord and Tenant that any such statement by Tenant may be relied upon by a prospective purchaser or a prospective or current mortgagee of the Leased Premises, or by others, in any matter affecting the Leased Premises. 17. Events of Default Tenant shall be in default under this Lease upon the happening of any of the following events (each an "Event of Default "): a. The Abandonment of the Leased Premises by Tenant; Paragraph 11; b. Failure of the Tenant to maintain the property and be liable as required by c. Tenant's failure to pay the Rent or any other charge for which it may be liable, or any portion of it, pursuant to the Local Government Prompt Payment Act Section 218.70, Florida Statutes, after having received an invoice in a format acceptable for payment by the Clerk of Monroe County and for FEMA reimbursement. 00097830 - vl 5 18. Landlord's Remedies In the event of Tenant's default, Landlord shall have all rights available under Florida law. 19. No Set -Off The Lease sets forth the entire agreement between Landlord and Tenant concerning the Leased Premises and Tenant's use and occupancy thereof and there are no other agreements between them. Landlord and Tenant each hereby acknowledge and affirm that, as of the date hereof, the Lease is in full force and effect and there are no claims, offsets, or breaches of the Lease, or any action or causes of action by Tenant against Landlord or Landlord against Tenant, respectively, directly or indirectly relating to the Lease. 20, Governing Law This is a Florida contract, governed by Florida law. In the event of any dispute between the parties regarding the terms and provisions of this Lease, the parties agree that the Courts in Monroe County, Florida shall have exclusive jurisdiction over such dispute. 21. Binding Effect: This Lease shall be binding upon the parties, their personal representatives, successors and assigns 22. Cumulative Remedies No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies in law or in equity. 23. Authority: The Parties each represent and warrant to the other that each has full authority to execute this Lease without the joinder or consent of any other party and that each party has not assigned any of its right, title, and interest in the Lease to any other party. 24. Notices All notices required or pen itted by this Lease shall be in writing and may be delivered in person (by hand or by messenger or courier service) or may be sent by certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by nationally recognized overnight courier service, and shall be deemed sufficiently given if served in a manner specified in this Paragraph. The addresses noted adjacent in Paragraph 1 this Lease shall be that Party's address for delivery or mailing of notices. Either Party may by written notice to the other specify a different address for notice purposes. A copy of all notices required or permitted to be given to Landlord hereunder shall be concurrently transmitted to such party or parties at such addresses as noted in paragraph 1 or as Landlord may from time to time hereafter designate by written notice to Tenant. 25. Date of Notice Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. Notices delivered by United States Express Mail or overnight courier that guarantees next day delivery shall be deemed given 24 hours after delivery of the same to the United States Postal Service or courier. If notice is received on a Saturday or a Sunday or a legal holiday, it shall be deemed received on the next business day. 26. Attorneys' Fees and Other Costs If any Party brings an action or proceeding to enforce the terms hereof or declare rights hereunder, the " Prevailing Part y " (as hereafter defined) in any such proceeding shall be entitled to reasonable attorneys' fees. The term " Prevailing Party" shall include, without limitation, a Party who substantially obtains or defeats the relief sought. 00097830 - vi 6 27. Security Measures Tenant acknowledges that Landlord does not include the cost of guard service or other security measures. Landlord has no obligations to provide same. Tenant assumes all responsibility for the protection of the Leased Premises, Tenant, its agents and invitees and their property from the acts of third parties. 28. Reservations Landlord reserves the right to grant such easements that Landlord deems necessary and to cause the recordation of parcel maps, so long as such easements and maps do not unreasonably interfere with the use of the Leased Premises by Tenant. Tenant agrees to sign any documents reasonably requested by Landlord to effectuate any such easements or maps. Tenant agrees that Landlord may at any time following the execution of this Lease, either directly or through Landlord's agents, identify Tenant's name in materials required by relevant regulations or any potential sale materials, and Tenant waives any and all claims in connection therewith. 29. Conflict Any conflict between the printed provisions of this Lease and the typewritten or handwritten provisions, if any, shall be controlled by the typewritten or handwritten provisions. 30. Amendments This Lease may be modified only in writing, signed by the parties in interest at the time of the modification. 31. Lease Captions: The captions of this Lease are for convenience only and are not a part of this Lease, and do not in any way define, limit, describe or amplify the terms or provisions of this Lease or the scope or intent thereof. 32. Interpretation The parties acknowledge that this Lease is the result of negotiations between the parties, and in construing any ambiguity hereunder, no presumption shall be made in favor of either party. No inference shall be made from any item, which has been stricken from this Lease other than the deletion of such item. 33. S_ igning of Documents Tenant shall sign and deliver any instrument or documents necessary or appropriate to evidence any such attornment or subordination or agreement to do so. Tenant shall sign such instrument or documents, provided, however, Tenant receives a non - disturbance provision from Landlord that for so long as Tenant is not in default under this Lease, Tenant's occupancy of the Leased Premises shall not be disturbed. 34. Independent Covenants The doctrine of independent covenants will apply in all matters relating to this Lease including, without limitation, all obligations of Landlord and Tenant to perform their respective obligations under this Lease. The preceding sentence shall apply notwithstanding that Landlord may have defaulted in fulfilling a covenant to maintain or repair the Leased Premises even if such default results in the unsuitability of the Leased Premises for Tenant's intended commercial use. 35. Force Majeure Any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God, including inclement weather and/or periods of rain or other weather conditions, inability to obtain labor or materials, or reasonable substitutes therefore, governmental restrictions or requirements, governmental regulations, governmental controls, inability to timely obtain governmental approvals, failure of power, riots, insurrection, war or 00097830 - v1 7 other enemy or hostile government action, civil commotion, fire or other casualty, early closure of asphalt plants, and other causes beyond the reasonable control of the party obligated to perform, shall excuse the performance by such party for a period equal to any such prevention, delay, or stoppage, including the obligations of Landlord to deliver the Leased Premises. The foregoing force majeure provisions are inapplicable to any payments of money due under this Lease. 36. No Partnership Nothing in this Lease creates any relationship between the parties other than that of landlord and tenant, and nothing in this Lease constitutes the Landlord a partner of Tenant or a joint venturer or member of a common enterprise with Tenant. 37. Counterparts This Lease may be executed in counterparts each of which shall be deemed an original and all of which together shall constitute one instrument. A PDF signature shall be deemed for all purposes to be an original. 38. Time is of the essence Time is of the essence with respect to the performance of all obligations to be performed or observed by the Parties under this Lease. 39. Severahility The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall not affect the validity of any other provision hereof. 40. Entire Contract; Amendment This document expresses the entire agreement between the parties and may not be amended or enlarged except by writing. 41. No Recording Neither party shall record this Lease, nor any memorandum of it. 42. Further Assurances Tenant will execute, acknowledge, and deliver all such instruments and take all actions as Landlord from time to time may require to document and maintain the tenancy created hereby including, but not limited to, estoppel letters and subordination agreements. 43. Copy _Received Tenant hereby acknowledges receiving a copy of this Lease. 44. Limitation of Warranties There are no implied warranties of merchantability or fitness or of any other kind arising out of this Lease. 45. No Prior or Other Agreements This Lease contains all agreements between the Parties with respect to any matter mentioned herein, and supersedes all oral, written prior or contemporaneous agreements or understandings. 46. Waiver of Jury Trial: EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (i) ARISING UNDER THIS LEASE OR (ii) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO IN RESPECT OF THIS LEASE OR THE TRANSACTIONS RELATED HERETO OR THERETO IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING. EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY AND THAT 00097830 -vi 8 ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OF A COPY OF THIS LEASE WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY. 47, Broker Commissions: Both Tenant and Landlord warrant that no brokers procured this transaction. The parties agree to indemnify each other against any liability for commissions to any brokers regarding this transaction. 48. Radon Disclosure In accordance with Florida Statutes, the following information is provided: Radon Gas: Radon is a naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. [Signature page to follow] 00097830 - v1 9 IN WITNESS WHEREOF, the parties have set their hands and seals as of this of September, 2017. TENANT (SEAL) Attest: KEVIN MADOK, Clerk t Depu Clerk WITNESSES: Print name• i s int name: Monroe Coen , a Political Subdivision of the State of Florida By: MA Approved as to Form f �s5 � Srx4N - t - dou N r[� A-rt0 Sul �y LANDLORD FRANK DIRICO, AN INDI 1DUAL 00097a30 - vz 10 C.1.b EXHIBIT A LEASED PREMISES Thal pol9on of am Mo lit of On Nsafhw at 114 of Seaflon 29, Townehlp 68 South, Range 23 ftK Mnq Wed of *0 SOW f lA Monme County, Florida. !'w l Acm 9fi No. 9011i240-MIN; Aflatnata No. 1147729. fnarCal AaoourA No. 00115960-W1o6; Akwmts No. 1147737. 00097830 - v1 Packet Pg. 1059 STAGING SITE LEASE RUDOLPH O. AND ROSEANN KRAUSE TRUST DATED 7 -19 -1988, RUDOLPH O. AND ROSEANN KRAUSE, TRUSTEES, BOUNDARY LTD., Landlord, And MONROE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, Tenant. PREMISES: RE # 00114150- 000000 And RE # 00114090 26351 Old State Road 4A, Ramrod Key, FL 33042 -5337 Both of which are further identified and outlined in Paragraph 2 and Exhibit A. DATED: September 9� , 2017 00097598 - v6 STAGING SITE LEASE I. Parties This Staging Site Lease ( "Lease ") dated September 26, 2017 is made by and between the Landlord and the Tenant, who are identified as follows: Landlord Rudolph O. and Roseanne Krause Trust dated 7 -19 -1988, Rudolph O. and Roseann Krause, Trustees 26351 Old State Road 4A, Ramrod Key, FL 33042 -5337 Boundary Ltd. 26351 Old State Road 4A, Ramrod Key, FL 33042 -5337 Tenant Monroe County, a political subdivision of the State of Florida Historic Gato Building 1100 Simonton Street Key West, FL 33040 with a copy to: County Attorney 1111 12th St., Suite 408 Key West, FL 33040 2. Leased Premises Landlord hereby Ieases to Tenant and Tenant hereby leases from Landlord the herein identified land, which is also referred to as the "Leased Premises" upon all of the terms, covenants and conditions set forth in this Lease: a portion of RE # 00114150- 000000, with a property address of 26351 Old State Rd. 4A, Ramrod Key, FL 33042, and a portion of RE # 00114090 -00000 with the same physical address, cumulatively comprising approximately 3.5 acres cleared and ready for debris, which is further identified as shown outlined in red on Exhibit "A" attached hereto and made a part hereof. The roadway will run through RE # 00114150- 000000 to allow for truck access from Old State Road 4A. Tenant hereby accepts the Leased Premises in its "AS -IS" condition as of the date of this Lease and during the entirety of the Term, it being understood and agreed that Landlord shall have no additional obligation to renovate or remodel the Leased Premises as a result of this Lease. 3. Use of Leased Premises Tenant represents to Landlord that it will use the Leased Premises for the purpose of operating a staging site for debris collection and clean up from Hurricane Irma. 0o097588 - v6 4. Term of the Lease This Lease is a gross lease for an initial term of thirty (30) days commencing on the date that this Lease is executed by both parties (the "Commencement Date "), which shall automatically renew for consecutive thirty (30) day periods (collectively, the "Term ") unless notice is given by Tenant of termination of the Lease at least fifteen (15) days prior to the end of the Term. The covenants and conditions of the Lease in force during the Term, as the same may be modified from time to time, shall continue to be in effect should Tenant continue to occupy the Leased Premises after the end of the Term. 5. Base Rent The amount Tenant shall pay to the Landlord for the Leased Premises shall be as follows: Three Hundred Seventy -Five Dollars ($375.00) per day per acre for three and one half (3.5) acres for a total amount of one thousand three hundred twelve dollars and fifty cents ($1,312.50) per day as base rent ( "Base Rent ") which Base Rent will be $39,375.00 per month for a 30 -day month and $40,687.50 per month for a 31 -day month. Tenant is apolitical subdivision of the State of Florida and is not obligated to pay sales tax. If any sales tax is due, Tenant is solely responsible for any and all sales tax and indemnifies and holds Landlord harmless as to any liability or claim of liability for sales tax. 6. Payment of Rent Tenant shall pay to Landlord Base Rent plus any other monetary obligations of Tenant to Landlord under the terms of this Lease (such other monetary obligations are herein referred to as "Additional Rent ") in lawful money of the United States, without offset or deduction on a monthly basis. As a condition precedent for any payment due under this Lease, the Landlord shall submit monthly, on or before the fifth (5 day of each month, unless otherwise agreed in writing by the Tenant, a proper invoice to the Tenant requesting payment for the then applicable monthly Base Rent and any Additional Rent, if applicable, and identifying the number of days, size of the Leased Premises being 10 acres , and the Base Rent rate per acre for that specific month. The Landlord's invoice shall describe with reasonable particularity the aforementioned information in order to necessitate payment by the Clerk of the Court and subsequent reimbursement by the Federal Emergency Management Administration ( "FEMA ") to Monroe County. The Landlord's invoice shall be accompanied by such documentation or data in support of the Base Rent and /or any Additional Rent for which payment is sought as the Tenant may require. Payment of any Base Rent, late charges, interest, or Additional Rent will be made pursuant to the Local Government Prompt Payment Act Section 218.70, Florida Statutes. Payment of Base Rent and Additional Rent shall be made to Landlord at its address stated herein or to such other persons or at such other addresses as Landlord may from time to time designate in writing to Tenant. Base Rent and Additional Rent are collectively referred to as "Rent" or "rent'. All monetary obligations of Tenant to Landlord under the terms of this Lease are deemed to be Rent. 00097588 - v6 Commencing on the 7. Utilities and Other Tenant Responsibilities „ . ,.___ Commencement Date of this Lease Tenant shall pay for all utilities (gas, electricity, oil, water, sewer, etc.) which may service the Leased Premises. For any utilities that are or can be separately metered to the Leased Premises, Tenant shall pay directly to any public utility provider. All utilities, including those that are separately metered or assessed, are Tenant's responsibility to pay for as of the Commencement Date. 8. Alterations and Improvements Tenant shall not make nor cause to be made any alterations and improvements in, on, under or about the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Upon Landlord consent being received, Tenant shall bear the sole cost of such alterations and improvements. Alterations and improvements are further described as any change or addition to the grounds, or boundaries of the Leased Premises. This includes personal property, equipment, machinery, trade fixtures and installations that are attached, fastened or installed on the Leased Premises. Tenant will obtain, at its sole cost and expense, all permits and approvals required in connection with any alterations or installations and Landlord shall reasonably approve all plans prior to the commencement of such work. All contractors working on such work shall be licensed in the state of Florida and have appropriate insurance for such work, which insurance shall name Landlord as additional insured. Nothing in this Lease shall be deemed to be, or construed in any way as constituting, the consent or request of Landlord, expressed or implied, by inference or otherwise, to any person, firm or corporation for the performance of any labor or the furnishing of any materials for any construction on to the Leased Premises or any part thereof, nor as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials which might in any way give rise to the right to file any lien against Landlord's interest in the Leased Premises. Tenant shall promptly pay for all materials supplied and work done in respect of the Leased Premises so as to ensure that no lien is recorded against any portion of the Leased Premises or against Landlord's or Tenant's interest therein. If a lien is so recorded, Tenant shall discharge it within thirty (30) days by payment or bonding or shall be in default under this Lease. If any such lien is recorded and not discharged by Tenant as above required, Landlord shall have the right to remove such lien by bonding or payment and the cost thereof shall be paid immediately from Tenant to Landlord. Landlord and Tenant expressly agree and acknowledge that no interest of Landlord in the Leased Premises shall be subject to any lien for improvements made by Tenant in or for the Leased Premises, and Landlord shall not be liable for any lien for any improvements made by Tenant, such liability being expressly prohibited by the terms of this Lease, and Tenant hereby agrees to inform all contractors and material suppliers performing work in or for or supplying materials to the Leased Premises of the existence of said prohibition. Landlord shall have the right to post and keep posted at all reasonable times on the Leased Premises any notices which Landlord shall be required so to post for the protection of Landlord and the Leased Premises from any such lien. Tenant agrees to promptly execute such instruments in recordable form in accordance with the terms and provisions of Section 713. 10, Florida Statutes, as are necessary to give public notice of the terms and conditions hereof Tenant is hereby informed that Landlord may have already filed a notice in the public records which precludes the Landlord's interest in the Leased Premises from being subject to the liens of contractors performing work for Tenant. 9. Landlord's Access At any reasonable time and in any reasonable manner, the Landlord may inspect the Leased Premises. 00047588 - vG 10. Subordination and Non - Disturbance This Lease is subject and subordinate to a first mortgage now or hereafter effecting or covering the Leased Premises. Tenant agrees to attorn to and to recognize the mortgagee or the purchaser at foreclosure sale as Tenant's landlord for the balance of the term of this Lease. Tenant hereby agrees, however, that such mortgagee or the purchaser at foreclosure sale shall not be (i) liable for any act or omission of Landlord, (ii) subject to any offsets or defenses which Tenant might have against Landlord, (iii) bound by any Rent or Additional Rent which Tenant may have paid to Landlord for more than the current month, (iv) bound by any amendment or modification of this Lease made without its consent. The aforesaid subordination and attornment provisions shall be self-operative; however, Tenant agrees to promptly execute any other agreement submitted by Landlord in confirmation or acknowledgment of same within ten (10) days of its presentation to Tenant. However, notwithstanding the provisions of this Paragraph, so long as Tenant is not in default of the provisions of this Lease, the Landlord and the holder of any mortgage or any purchaser agree that Tenant's peaceful possession of the Leased Premises shall not be disturbed. Property Conditions on itions and Liability Landlord and Tenant recognize that the -..,.. Leased Premises have previously been used as vacant land as well as an industrial yard. Tenant agrees to be responsible and hold the Landlord harmless from and against any and all Ioss, claims, liability or costs (including court costs and attorney's fees) incurred by reason of Tenant's use of the property as a collection and staging area to the extent permitted by Florida Statute Sec. 768.28. Notwithstanding anything contained in this Lease to the contrary, Tenant, as a political subdivision of the State of Florida does not waive and expressly reserves its sovereign immunity except as provided in Florida Statute Sec. 768.28. 12. Waiver of Subrogation With respect to insurance policies of Tenant, should Tenant so choose to hold, and only to the extent that such policies permit, Landlord hereby releases Tenant from liability for loss or damages on or to the Leased Premises or the contents thereof to the extent such loss or damages is covered by such policies. 13. Casual : If the Leased Premises should be damaged or made un- usable by casualty during the Term of the Lease, either party may terminate this Lease upon written notice to the other party. 14. Condemnation if the whole of the Leased Premises, or such portion thereof as will make the Leased Premises unusable for the purposes leased hereunder, shall be taken by any public authority under the power of eminent domain or sold to any public authority under threat or in lieu of such taking, the Term shall cease as of the day possession or title shall be taken by such public authority, whichever is earlier ( "Taking Date "), whereupon Rent shall be paid up to the Taking Date with a proportionate refund by Landlord of any Rent paid for a period subsequent to the Taking Date. If less than the whole of the Leased Premises, or less than such portion thereof as will make the Leased Premises unusable for the purposes leased hereunder, shall be taken, the Term shall cease only as to the part so taken as of the Taking Date, and Tenant shall pay Rent up to the Taking Date, with appropriate credit by Landlord (toward the next installment of Rent due from Tenant) of any Rent paid for a period subsequent to the Taking Date. Base Rent and other charges payable to Landlord shall be reduced in proportion to the 00097588 - vG 1 amount of the Leased Premises taken. All compensation awarded or paid upon a total or partial taking of the Leased Premises including the value of the Ieasehold estate created hereby shall belong to and be the property of Landlord without any participation by Tenant; Tenant shall have no claim to any such award based on Tenant's leasehold interest. However, nothing contained herein shall be construed to preclude Tenant, at its cost, from independently prosecuting any claim directly against the condemning authority in such condemnation proceeding for damage to, or cost of removal of, stock, trade fixtures, furniture, and other personal property belonging to Tenant, improvements paid for by Tenant, and moving and other reasonable relocation expenses; provided, however, that no such claim shall diminish or otherwise adversely affect Landlord's award 15. Surrender of Possession Tenant shall surrender possession of the Leased Premises to Landlord upon expiration of the Term of this Lease, in the same condition in which the Leased Premises were when this Lease was executed, normal wear and tear accepted. Any personal property of Tenant's left in the Leased Premises shall become the property of the Landlord or shall be returned to the Tenant at the Tenant's cost. For the sake of clarity, all debris must be removed from the eased Premises prior to the end of the Term. The Tenant shall ensure that all hazardous wastes or any other contaminating materials are properly disposed of, that no improper disposal is made, and that the Leased Premises will be kept free and clear of any contamination. If the site is contaminated during Tenant's possession due to Tenant's activities on the Leased Premises, the Tenant will bear all costs and responsibility for the required cleanup, and will hold Landlord harmless therefrom. 16. Estoppel Certificate Tenant shall, at any time and from time to time, within ten (10) business days after written request by Landlord, execute, acknowledge and deliver to Landlord, or its mortgagee or trustee, a statement in writing duly executed by Tenant (i) certifying that this Lease is in full force and effect (if that be the case) without modification or amendment (or, if there have been any modifications or amendments, that this Lease is in full force and effect as modified and amended and setting forth the modifications and amendments), (ii) certifying the dates to which rental have been paid, and (iii) either certifying that to the knowledge of the Tenant no default exists under this Lease or specifying each such default; it being the intention and agreement of Landlord and Tenant that any such statement by Tenant may be relied upon by a prospective purchaser or a prospective or current mortgagee of the Leased Premises, or by others, in any matter affecting the Leased Premises. 17. Events of Default Tenant shall be in default under this Lease upon the happening of any of the following events (each an "Event of Default "): a. The Abandonment of the Leased Premises by Tenant; b. Failure of the Tenant to maintain the property and be liable as required by Paragraphs 11 and 15; c. Tenant's failure to pay the Rent or any other charge for which it may be liable, or any portion of it, pursuant to the Local Government Prompt Payment Act Section 218.70, Florida Statutes, after having received an invoice in a format acceptable for payment by the Clerk of Monroe County and for FEMA reimbursement. 00097588 - v6 18. Landlord's Remedies In the event of Tenant's default, Landlord shall have all rights available under Florida law. 19. No Set -Off The Lease sets forth the entire agreement between Landlord and Tenant concerning the Leased Premises and Tenant's use and occupancy thereof and there are no other agreements between them. Landlord and Tenant each hereby acknowledge and affirm that, as of the date hereof, the Lease is in full force and effect and there are no claims, offsets, or breaches of the Lease, or any action or causes of action by Tenant against Landlord or Landlord against Tenant, respectively, directly or indirectly relating to the Lease. 20. Governing Law This is a Florida contract, governed by Florida law. In the event of any dispute between the parties regarding the terms and provisions of this Lease, the parties agree that the Courts in Monroe County, Florida shall have exclusive jurisdiction over such dispute. 21. Binding Effect: This Lease shall be binding upon the parties, their personal representatives, successors and assigns 22. Cumulative Remedies No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies in law or in equity. 23. Authority The Parties each represent and warrant to the other that each has full authority to execute this Lease without the joinder or consent of any other party and that each parry has not assigned any of its right, title, and interest in the Lease to any other party. 24. Notices All notices required or permitted by this Lease shall be in writing and may be delivered in person (by hand or by messenger or courier service) or may be sent by certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by nationally recognized overnight courier service, and shall be deemed sufficiently given if served in a manner specified in this Paragraph. The addresses noted adjacent in Paragraph 1 this Lease shall be that Party's address for delivery or mailing of notices. Either Party may by written notice to the other specify a different address for notice purposes. A copy of all notices required or permitted to be given to Landlord hereunder shall be concurrently transmitted to such party or parties at such addresses as noted in paragraph 1 or as Landlord may from time to time hereafter designate by written notice to Tenant. 25. Date of Notice Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. Notices delivered by United States Express Mail or overnight courier that guarantees next day delivery shall be deemed given 24 hours after delivery of the same to the United States Postal Service or courier. If notice is received on a Saturday or a Sunday or a legal holiday, it shall be deemed received on the next business day. 26. ' ttorne y s , and - „ Other Costs If any Party brings an action or proceeding to Fees , es . , enforce the terms hereof or declare rights hereunder, the " Prevailing Party (as hereafter defined) in any such proceeding shall be entitled to reasonable attorneys' fees. The term " Prevailing Par V" shall include, without limitation, a Party who substantially obtains or defeats the relief sought. 00097588 - v6 27. Security Measures Tenant acknowledges that Landlord does not include the cost of guard service or other security measures. Landlord has no obligations to provide same. Tenant assumes all responsibility for the protection of the Leased Premises, Tenant, its agents and invitees and their property from the acts of third parties. 28. Reservations Landlord reserves the right to grant such easements that Landlord deems necessary and to cause the recordation of parcel maps, so long as such easements and maps do not unreasonably interfere with the use of the Leased Premises by Tenant. Tenant agrees to sign any documents reasonably requested by Landlord to effectuate any such easements or maps. Tenant agrees that Landlord may at any time following the execution of this Lease, either directly or through Landlord's agents, identify Tenant's name in materials required by relevant regulations or any potential sale materials, and Tenant waives any and all claims in connection therewith. 29. Conflict Any conflict between the printed provisions of this Lease and the typewritten or handwritten provisions, if any, shall be controlled by the typewritten or handwritten provisions. 30. Amendments This Lease may be modified only in writing, signed by the parties in interest at the time of the modification. 31. Lease Captions: The captions of this Lease are for convenience only and are not a part of this Lease, and do not in any way define, limit, describe or amplify the terms or provisions of this Lease or the scope or intent thereof. 32. Interpretation The parties acknowledge that this Lease is the result of negotiations between the parties, and in construing any ambiguity hereunder, no presumption shall be made in favor of either party. No inference shall be made from any item, which has been stricken from this Lease other than the deletion of such item. 33. Signing of Documents Tenant shall sign and deliver any instrument or documents necessary or appropriate to evidence any such attornment or subordination or agreement to do so. Tenant shall sign such instrument or documents, provided, however, Tenant receives a non - disturbance provision from Landlord that for so long as Tenant is not in default under this Lease, Tenant's occupancy of the Leased Premises shall not be disturbed. 34. Independent Covenants The doctrine of independent covenants will apply in all matters relating to this Lease including, without limitation, all obligations of Landlord and Tenant to perform their respective obligations under this Lease. The preceding sentence shall apply notwithstanding that Landlord may have defaulted in fulfilling a covenant to maintain or repair the Leased Premises even if such default results in the unsuitability of the Leased Premises for Tenant's intended commercial use. 35. Force Ma jeure Any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God, including inclement weather and /or periods of rain or other weather conditions, inability to obtain labor or materials, or reasonable substitutes therefore, governmental restrictions or requirements, governmental regulations, governmental controls, inability to timely obtain governmental approvals, failure of power, riots, insurrection, war or 00097558 - vb other enemy or hostile government action, civil commotion, fire or other casualty, early closure of asphalt plants, and other causes beyond the reasonable control of the party obligated to perform, shall excuse the performance by such party for a period equal to any such prevention, delay, or stoppage, including the obligations of Landlord to deliver the Leased Premises. The foregoing force majeure provisions are inapplicable to any payments of money due under this Lease. 36. No Partnership Nothing in this Lease creates any relationship between the parties other than that of landlord and tenant, and nothing in this Lease constitutes the Landlord a partner of Tenant or a joint venturer or member of a common enterprise with Tenant. 37. Counterparts This Lease may be executed in counterparts each of which shall be deemed an original and all of which together shall constitute one instrument. A PDF signature shall be deemed for all purposes to be an original. 38. Time is of the essence Time is of the essence with respect to the performance of all obligations to be performed or observed by the Parties under this Lease. 39. Severability The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall not affect the validity of any other provision hereof. 40. Entire Contract; Amendment This document expresses the entire agreement between the parties and may not be amended or enlarged except by writing. 41. No Recording Neither party shall record this Lease, nor any memorandum of it. 42. Further Assurances Tenant will execute, acknowledge, and deliver all such instruments and take all actions as Landlord from time to time may require to document and maintain the tenancy created hereby including, but not limited to, estoppel letters and subordination agreements. 43. Copy Received Tenant hereby acknowledges receiving a copy of this Lease 44. Limitation of Warranties There are no implied warranties of merchantability or fitness or of any other kind arising out of this Lease. 45. No Prior or Other Agreements This Lease contains all agreements between the Parties with respect to any matter mentioned herein, and supersedes all oral, written prior or contemporaneous agreements or understandings. 46. Waiver of Jury Trial EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (i) ARISING UNDER THIS LEASE OR (ii) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO IN RESPECT OF THIS LEASE OR THE TRANSACTIONS RELATED HERETO OR THERETO IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING. EACH PARTY HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY AND THAT 00097585 - v6 ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OF A COPY OF THIS LEASE WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY. 47. Broker Commissions Both Tenant and Landlord warrant that no brokers procured this transaction. The parties agree to indemnify each other against any liability for commissions to any brokers regarding this transaction. 48. Radon Disclosure In accordance with Florida Statutes, the following information is provided: Radon Gas: Radon is a naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. [Signature page to follow] 00097588 - v6 IN WITNESS WHEREOF, the parties have set their hands and seals as of this 26 day of September, 2017. (SEAL) Attest: KEVIN MADOK, Clerk 4 a�� Deputy herk, ✓� 1 j Witnesses: TENANT Monroe County, a Political Subdivision of the State of Florida By: - MA OR Approved as to Form �'o+� r' 9,0 A6M 0rA-r+lT Cnu 4TM4 0'jej LANDLORD: Rudolph O. and Roseann Krause Trust dated 7- 19 -1988, Rudolph O. and Roseann Krause Trustees By: ,1 BY. Q4 i Print Name: /4, r1 (L Print Name: Date: Date: By: Print fame: Date: Witnesses: BST: L�/ Y Print Name Date: y 1 a 1Z By: Print l4ame: Date: 3_ z(- LANDLORD: Boundry Ltd. By: � A " Print Name: Date: ( f / 36'1! 7 00097588 - v6 as as as cu 0 4— 0 r_ 0 !t cu 0 L - E cu 0 CL 4) 0 cu 00097588 - 0 C.1.c EXHIBIT A LEASED PREMISES Overview N Legend MaJor Roads Conterllne — books Road Center Rlghts of WAy L ; CondoBuiiding Conservauon Easermw .__: KeyHam�s j 5ubdlviskm Partials 00097588 - v6 Packet Pg. 1072