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Item F22BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor Heather Carruthers, District 3 Mayor Pro Tem George Neugent, District 2 - Me Florida Keys �r 4 Danny L. Kolhage, District I David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting November 22, 2016 Agenda Item Number: F22 Agenda Item Summary #2306 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292 -4441 None AGENDA ITEM WORDING: Approval of Lease Extension Modification No. 3 and rental rates in the Lease Agreement with the State of Florida Department of Juvenile Justice for office space on the second floor of the Department of Juvenile Justice Building on Stock Island. ITEM BACKGROUND: The State of Florida Department of Juvenile Justice (DJJ) has been leasing approximately 2,525 square feet located on the second floor of the Juvenile Justice Building since 2002. The current lease renewal contains commenced November 1, 2012 and terminates on October 31, 2017. DJJ has asked for a lease extension for another five (5) years through October 31, 2022. Rates proposed for the extension are as follows: November 01, 2017 through October 31, 2018 - $22.00; November 1, 2018 through October 31, 2019 - $22.00; November 1, 2019 through October 21, 2020 - $22.45; November 1, 2020 through October 31, 2021 - $22.45 and November 1, 2021 through October 31, 2022 - $22.88. PREVIOUS RELEVANT BOCC ACTION: On October 16, 2002 the BOCC approved the Lease Agreement and Amendment 1 with the State of Florida. On January 15, 2003, the BOCC approved a Lease Amendment omitting the Indemnification and Hold Harmless statement from the original lease agreement, on August 15, 2007, the BOCC approved renewal of the Lease Agreement. On May 20, 2009, the BOCC approved Renewal Mod 1 and on September 19, 2012, the BOCC approved Renewal Mod 2. CONTRACT /AGREEMENT CHANGES: A 5 year Lease Extension and Modification No. 3 restructuring the rental rates in the Lease Agreement with the State of Florida Department of Juvenile Justice for office space on the second floor of the Department of Juvenile Justice Building on Stock Island. Rates for this extension period are as follows: November 01, 2017 through October 31, 2018 - $22.00; November 1, 2018 through October 31, 2019 - $22.00; November 1, 2019 through October 21, 2020 - $22.45; November 1, 2020 through October 3 STAFF RECOMMENDATION: Approval DOCUMENTATION: Agreement for Modification Updated Disclosure Statement 05202009 Modification _l 10162002 DJJ Original Lease DJJ Modification 2 From FL State 091912 01152003_DJJ_amd FINANCIAL IMPACT: Effective Date: November 01, 2017 Expiration Date: October 31, 2022 Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: 0 Budgeted: Yes Source of Funds: CPI: No Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: Yes If yes, amount: First year $55,550.00 Grant: No County Match: No Insurance Required: Additional Details: Current Lease expires October 31, 2017. Revenue will not affect the Budget until FYI This Lease Extention commences in November 2017. It will not affect the current budget but will affect the revenue FYI Budget. REVIEWED BY: Rene Rogers Completed 11/07/2016 4:50 PM Kevin Wilson Completed 11/07/2016 6:52 PM Doug Sposito Completed 11/08/2016 7:48 AM Budget and Finance Completed 11/08/2016 8:49 AM Maria Slavik Completed 11/08/2016 10:51 AM Kathy Peters Completed 11/08/2016 10:59 AM Board of County Commissioners Pending 11/22/2016 9:00 AM STATE OF FLORIDA Agreement for Modification Bureau of Leasing, Department of Management Services Form 4440 Lease Number: 800:0266 WHEREAS, the Department of Juvenile Justice Modification Number: 3 as Lessee, has previously entered into Lease Number 800 :0266 , on February 7th effective November 1 st , 2002 and consists of 2002 which became 2.525 square feet; the current Lessor being Monroe County Board of County Commissioners and WHEREAS, the current description of the leased premises is: 2,525 square feet of office space on the 2nd floor of the building located at 5503 College Rd, Key West, FL 33040. and the covenants and conditions contained in the original State of Florida, Department of Management Services' Lease Agreement, as amended by the below modification(s) are hereby readopted and incorporated herein. 1. ❑ Agreement for Lease Renewal: Lessor and Lessee agree that, pursuant to Article of the Lease Agreement described above, the Lessee hereby exercises the option to renew Lease for a period of year(s) beginning and ending 2. E9 Agreement for Lease Extension: Lessor and Lessee hereby agree to extend the term of the Lease Agreement described above for a period of 60 month (s),beginning November 1st P 2017 and ending October 31st , 2022 3. ❑ Restructuring the Rental Rate: Commencing , the Lease referenced above is amended to increase ❑ or decrease 3 the rental rate per square foot per year paid to the Lessor by the Lessee to the amounts as specified in Article 8 of this agreement. 4. ❑ Increase or Decrease Square Footage: Commencing , the Lease referenced above is amended to increase ❑ or decrease 17J the square footage leased under this Lease by square feet from square feet to square feet. The description of added or deleted square footage is: the rental rates, pursuant to this change, shall be as specified in Article 8 of this Agreement. S. ❑ Change the Renewal Option Terms: and Commencing , the Lease is hereby amended to change the renewal option periods from , — year periods to , year periods. 6. ® Cooperation with the Inspector General: Pursuant to section 20.055 (5), Florida Statutes, contractor and any subcontractors understand and will comply with their duty to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. Page: 1 of 3 Form: 4040 Rev. Date: 7/15 STATE OF FLORIDA Agreement for Modification Bureau of Leasing, Department of Management Services Form 4040 Lease Number: 800:0266 Modification Number: 3 7. Other: (Use this section to specify terms not included in the sections above. If this box is not selected, no additional modifications are included.) S. Effective Rental Rates -- Square Footage 2525 TERM RATE PER start End SQUARE FOOT MONTHLY RATE ANNUAL RATE (MM /DD /YYYY} (MM /DD/YYYY) 11/01/2017 - 10/31/2018 $22.00 $4,629.17 $55,550.00 11/01/2018 - 10/31/2019 $22.00 $4,629.17 $55,550.00 11/01/2019 - 10/31/2020 $22.45 $4,723.85 $56,686.25 11/01/2020 - 10/31/2021 $22.45 $4,723.85 $56,686.25 11/01/2021 - 10/31/2022 $22.88 $4,814.33 $57,772.00 - $0.00 $0.00 - $a.na $0.00 - $0.00 $0.00 - $0.00 $0.00 ` $0.00 $0.00 Agreement to Incorporate Addendum WHEREAS, both the Lessor and the Lessee wish to amend and modify said lease so as to incorporate Addendum effective NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained; the parties hereto hereby agree as follows: Commencing , said lease is hereby amended and modified to incorporate Addendum Page: 2 of 3 Form, 4040 Rev. Date: 7/15 STATE OF FLORIDA Agreement for Modification Bureau of Leasing, Department of Management Services Form 4040 Lease Number: 800:0266 Modification Number: 3 IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the ANY MODIFICATION OF A LEASE AGREEMENT SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL APPROVED /ACCEPTED BY THE DEPARTMENT OF MANAGEMENT SERVICES. ORIGINAL SIGNATURES REQUESTED ON ALL COPIES As to Lessor — Lessor, or authorized representative and two witnesses must sign, print name and enter date. X Lessor or Authorized Representative Heather Caruthers / Mayor Printed Name/ride Date X witness p1 Printed Name Date X Witness a2 Printed Name Date As to Lessee Agency — Agency head, or authorized delegate, and representative of Agency Office of General Counsel must sign, print name and enter date. X Michele Cook/ Director Agency Head or Authorized DeMeate Printed Namefntle X Agency Office of General Counsel Date Tonja Mathews / Asst. General Counsel Printed flame Data As to the Department of Management Services — Chief Real Property Administrator (or authorized designee) and Secretary for authorized delegate) must sign, print name and enter date. When applicable, DMS Office of General Counsel shall sign, print name and enter date. K pdef Real PropertyAdministrator Printed Name/Tide Date X Secretary or Authorized Printed Name Date X DMS Office of General Counsel Printed Name Date STATE OF FLORIDA :71 DEPARTMENT OF MANAGEMENT SERVICES UPDATED DISCLOSURE STATEMENT Lease Number: 800:0266 Location: Monroe County Juvenile Justice System 5503 College Road Key West, FL 33040 The Disclosure of Ownership Statement, form FM 4114, currently on file dated 04/22/2009 remains valid and correct. Lessor: Monroe County Board of County Commissioners (X) Authorized Signature Narnetritle Date (SEAL) Form 4114A R03-12 STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES AGREEMENT FOR MODIFICATION TO RESTRUCTURE THE RENTAL RATE LEASE NO.: 800:0266 MODIFICATION NO.: 01 WHEREAS, the Department of Juvenile Justice , as Lessee, has previously entered into Lease Number 800:0266 , on FtbnM 7, 2003, for a term commencing November 1, 2002 , which now terminates the 31 day of October, 2012 the current Lessor being Monroe County Board of County Commissioners and WHEREAS, the current description of the leased premises is: 2,525 square feet of office space on the 2 nd floor at 5503 College Road, Key West, Florida 33040 ; and WHEREAS, the Lessor and Lessee wish to amend the lease to decrease the rental rate per square foot per year effective May 1, 2009 NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: 1. Commencing May 1, 2009 , the lease is amended to decrease the rental rate per square foot per year paid to the Lessor by the Lessee to the amounts shown on the revised rent schedule addendum attached hereto; and 2. The covenants and conditions contained in the original lease as amended hereby are readopted and incorporated herein. a FM 4068B (R05/04) 1 OF 4 *Delete or line through appropriate word. LEASE NO.: 800:02 F.22.c MODIFICATION NO.: 01 IN ASS V4MRYOF, the parties hmAo have hereunto executed this instrument for the purpose herein expressed, this y of ANY MODIFICATION OF A LEASE AGREEMENT SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL APPROVED /ACCEPTED BY THE DEPARTMENT OF MANAGEMENT SERVICES. UMUINAL NWNAIUKt:S Signed, sealed and delivered in the presence of Witness Sign Terri Ma ble Print or Type Name of Witness am �c Witness Signature Isabel C. DeSantis Print or Type Name of Witness As to President, General Partner, Trustee == alive in the presence of W S :gM' � ti M Print or Type Name of Witness t 13r JAI. Print of Type Name of Witness AS TO LESSEE �' Ko STATE OF FLORIDA Clerk (SEAL) x MAY 2 0 20 DEPARTMENT OF JUVE E JUSTICE B y. Richard L. Haire, Director Purchasing, Leasing & Land Acquisitions Bureau of General Services 1 C rrt APPROVED AS TO CONDITIONS AND NEED Approved As to Form and Legality, THEREFORE Subject Only To Full and Proper DEPARTMENT OF MANAGEMENT SERVICES Execution by the Parties Chief, Real Property Administrator Division of Real Estate Development and Management General Counsel Department of management services By: Director Division of Real Estate Development and Management APPROVAL DATE. Print or Type Name APPROVAL DATE: Approved As ~ ' pan a gad Subject Only_-Jq !gull &W P§8 Execution by t*eTaes rn General Count 1' co n DeparlmentJum'Qile Juice -- p By: Ton# 'te, Assistant Gentxdl Counsel APPROVAL DATE: M Ot COUNTY TT EY � PRjifiJi/ED /���- Name of Corporation, Partnership, Trust, etc. Monroefounty Board of County Commissioners Mayo George R. Neugent1,,-fhairma41 ASSISTANTC UNTYATTORNEYs FM 4068B (1105/04) 2 OF 4 Date *Delete or line through appropriate word. Packet Pg. 733 STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE LEASE NO.: 800:0266 MODIFICATION 01 LOCATION: Key West REVISED RENTAL RATE ADDENDUM "A" 2,525 square feet/net rentable RENTAL RATES: The Lessor shall be paid by the Lessee the following rates for the terms as specified below: Rental from May 1, 2009 to and including October 31, 2009 Annual Rental $21,689.76 (Twenty one thousand —six hundred eighty nine and 76/100 dollars) Monthly Rental $3,614.96 (Three thousand — six hundred fourteen and 96/100 dollars) Rate Per Square Foot $17.18 Rental from November 1, 2009 to and including October 31, 2010 Annual Rental $43,379.52 (Forty three thousand — three hundred seventy nine — and 52/100 dollars) Monthly Rental $3,614.96 (Three thousand — six hundred fourteen and 96 /100 dollars) Rate Per Square Foot $17.18 Rental from November 1, 2010 to and including October 31, 2011 Annual Rental $43,379.52 (Forty three thousand — three hundred seventy nine — and 52/100 dollars) Monthly Rental $3,614.96 (Three thousand — six hundred fourteen and 96/100 dollars) Rate Per Square Foot $17.18 Rental from November 1, 2011 to and including October 31, 2012 Annual Rental $43,379.52 (Forty three thousand — three hundred seventy nine — and 52/100 dollars) Monthly Rental $3,614.96 (Three thousand — six hundred fourteen and 96/100 dollars) Rate Per Square Foot $17.18 FM 4068B (R05/04) 3 OF 4 *Delete or line through appropriate word. LEASE NO.: 800 :0266 LOCATION: Key West RENTAL RATE ADDENDUM "B" (continued) Renewal Option (Second of 2-5 year renewal options): The Lessee was granted two 5 -year renewal options; the second renewal term beginning November 1, 2012 to and including October 31, 2017 upon same terms and conditions except for the rental rate which shall be modified as follows: Year 1 Year 2 Year 3 Year 4 Year 5 Rental from November 1, 2012 to and including October 31, 2013 Annual Rental $51,333.24 (Fifty one thousand -three hundred thirty three and 24/100 dollars) Monthly Rental $4,277.77 (Four thousand — two hundred seventy seven and 77/100 dollars) Rate Per Square Foot $20.33 Rental from November 1, 20013 to and including October 31, 2014 Annual Rental $52,368.48 (Fifty two thousand —three hundred sixty eight and 48/100 dollars) Monthly Rental $4,364.04 (Four thousand — three hundred sixty four and 04 /100 dollars) Rate Per Square Foot $20.74 Rental from November 1, 2014 to and including October 31, 2015 Annual Rental $53,403.72 (Fifty three thousand four hundred three — and 72/100 dollars) Monthly Rental $4,450.31 (Four thousand - four hundred fifty and 31/100 dollars) Rate Per Square Foot $21.15 Rental from November 1, 2015 to and including October 31, 2016 Annual Rental $54,464.28 (Fifty four thousand - four hundred sixty-four and 28/100 dollars) Monthly Rental $4,538.69 (Four thousand — five hundred thirty eight and 69/100 dollars) Rate Per Square Foot $21.57 Rental from November 1, 2016 to and including October 31, 2017 Annual Rental $55,550.00 (Fifty five thousand — five hundred fifty and no /100 dollars) Monthly Rental $4,629.17 (Four thousand — six hundred twenty -nine and 17/100 dollars) Rate Per Square Foot $22.00 FM 4068B (805/04) 4 OF 4 *Delete or line through appropriate word. STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES DISCLOSURE STATEMENT we Lease No: 800:0266 Authority: Paragraphs 255.249(4)(h)(i), 255.01 F.S. Check One: Privately Owned X Entity Holding Title Publicly Owned Name of Entity: Monroe County Board of County Commissioners Name of Facility: Monroe County Juvenile Justice Center Facility Location: 5503 College Road, Stock Island City: Kev West County: Monroe Zip: 33040 Total Net Rentable Square Footage in Building 3,906 Federal Identification No. (F.I.N. or S.S.N.) 59- 6000749 PUBLICLY OWNED FACILITIES COMPLETE THIS AND SIGNATURE PORTION ONLY: IS THIS FACILITY FINANCED WITH LOCAL GOVERNMENT OBLIGATIONS OF ANY TYPE? YES X NO This is to certify that the following individual(s) or entity holds 4% or more interest and/or the following public official(s), agent(s) or employee(s) holds My interest in the property or in the entity holding title to the property being leased to the State. This is to certify that all beneficial interest is represented by stock in a corporation registered with the Securities and Exchange Commission or is registered pursuant to Chapter 517, Florida Statutes, which stock is for sale to the general public. Yes X No If entity is a Corporation (not registered with the Securities and Exchange Commission), LLC, Partnership or Trust provide information for any individual holding 4% or more interest in the Corporation, LLC Partnership or Trust. If no one holds more than 4% interest, then so state. Name: Home Address: Principal Occupation:. Occupational Address: Percent of Interest: Name: Home Address: Principal Occupation: Occupational Address: Percent of Interest: (Attach additional pages if necessary) PM 4114 (R05 /04) 1 of2 Lease No.: 800:0266 The equity of all others holding interest in the above named property totals: If a public official, agent or employee provide: Name of individual: Suzanne A. Hutton Name of public agency: Monroe County Board of County Commissioners Position held: County Attorney If Owner(s) is an Individual: (Print or Type) (Print or Type) Date Signed: If Owner(s) is Corporation, Partnership, Trust, etc: (Manual Signature) (Manual Signature) Owner is a Political Subdivision of the State of Florida Monroe County Board of County Commissioners Print/Type Name Corporation, Partnership, Trust, etc. CORPORATE SEAL brized Sig nature This is to certify that I, � KZ R/!d -P !!� AAn , as Cole a/H t (Print or Type Name (Print ofType Title) am authorized to sign for the required information thereon. Date Signed: a FM 4114 (R05/04) 2 of 2 Disclosure Statement Additional Page Lease No.: 800:0266 Name: Home Address: Principal Occupation: Occupational Address: Percent of Interest: Name: Home Address: Principal Occupation: Occupational Address: Percent of Interest: Name: Home Address: Principal Occupation: Occupational Address: Percent of Interest: Nam; Home Address: Principal Occupation: Occupational Address: Percent of Interest: Name: Home Address: Principal Occupation: Occupational Address: Percent of Interest: a FM 4114 (R 05/04) 1 b of 2 STATE OF FLORIDA T! a _ DEPARTMENT OF MANAGEMENT SERVICES LEASE AGREEMENT ZONE: 17 Lease No.: 800:0266 0 THIS LEASE AGREEMENT, entered into this day of 2002 A. D., betwee Monroe County Board of County Commissioners, party of the first part, herein r called the Lessor who; Federal Identification Number (F.E.I.D. or S.S.) is 59- 6000749, and the State of Florida Department of Juvenile Justice Division of Key West Bureau of Circuit 16 party of the second part, hereinafter called the Lessee, WITNESSETH: That the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be key and performed by the Lessee, has demised and leased to the Lessee, for the term and under the condition hereinafter set out, those certain premises in the Monroe County Detention Center Key West, 33041 -1980 Monroe, described as follows: Name of Building) (City) (Zip Code) (County) 2,525 square feet of office space on 2 "d floor at 5503 College Road — Key West, Florida 33040 which shall constitute an aggregate area of 2,525 square feet of net rentable space measured in accordanc with the Department of Management Services' Standard Method of•Space Measurement and which comprise approximately .013 % of the 188,000 net square feet in the building at the rate of $16.68 per squar foot per year. The Lessor shall also provide no assigned p arking spaces for the non - exclusive use of the Lesse as part of this lease agreement. I TERM TO HAVE AND TO HOLD the above described premises for a term commencing on the is day of November, 2002 to and including the 31st day of October, 2007 II RENTALS The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above describe( premises for the term set out in this lease and the Lessee agrees to pay the Lessor the sum of (see addendum A per month for the rental period described in Article I of this lease. The rent for any fractional part of the firs month shall be prorated. The rent shall be payable the month following the month of occupancy in accordance with Section 215.422, Florida Statutes. The rentals shall be paid to the Lessor at Monroe County Board of County Commissioners P.O. Box 1980 Key West, Florida 33041-1980 (Address) (City) (Zip Code) III HEATING, AIR CONDITIONING AND JANITORIAL SERVICES La. The Lessor agrees to furnish to the Lessee heating and air conditioning equipment and maintain same in satisfactory operating condition at all times for the leased premises during the term of the lease at the expense o the Lessor. b. The Lessor agrees to maintain thermostats in the demised premises to achieve an average zone temperature of 75 degrees Fahrenheit during the heating and cooling seasons and certifies that boilers herein have been calibrated to permit the most efficient operation. a a Page 1 of 5 FM 4054 (R07 /01) Lease No.: 800:0266 *2. The Lessor agrees to furnish janitorial services and all necessary janitorial supplies including tl provision of recycling trash disposal for the leased premises during the term of the lease at the expense of tl Lessor. 3. All services required above shall be provided during the Lessee's normal working hours, which a normally from 7:30 a.m. to 5:30 p.m., Monday through Friday excluding state holidays. IV LIGHT FIXTURES La. The Lessor agrees to install in the demised premises light fixtures for the use of the Lessee. *b. The Lessor shall be responsible for replacement of all bulbs, lamps, tubes and starters used in suc fixtures for the purpose of furnishing light. 2. The Lessor certifies that the lighting levels within the demised premises are maintained at and do ni exceed the following levels: 10 foot - candles in halls and corridors; 30 foot - candles in other public areas; minimum of 50 foot - candles in office, conference rooms, and other levels as set forth in the State Energ Management Plan, Volume II, Section F. V MAINTENANCE AND REPAIRS 1. The Lessor shall provide for interior maintenance and repairs in accordance with generally accepte good practices, including repainting, the replacement of worn or damaged floor covering and repairs c replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term c this lease, keep the interior of the demised premises in as good a state of repair as it is at the time of th commencement of this lease, reasonable wear and tear and unavoidable casualties accepted. 2. The Lessor shall maintain and keep in repair the exterior of the demised premises during the term of the lease and shall be responsible for the replacement of all windows broken or damaged in the demised premise except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agent or employees. 3. The Lessor shall maintain the interior and exterior of the demised premises including grounds an parking area so as to conform to all applicable health and safety laws, ordinances and codes which are presently i effect and which may subsequently be enacted during the term of this lease and any renewal periods. 4. The Lessor agrees to furnish pest control services for the leased premises during the term of the lease the expense of the Lessor. VI *UTILITIES That the Lessor will promptly pay all gas, water, sewer, solid waste, power and electric light rates c charges which may become payable during the term of this lease for the gas, water, sewer and electricity used an disposal of solid waste generated by the Lessee on the premises; and if the lease is for 5,000 square feet or greater separately metered for all energy and fuels which may be consumed by Lessee, alone, Lessor will provide Lessee in a form and manner agreed upon, timely and accurate data on Lessee's monthly consumption or use of electricit} natural gas, LP gas and/or fuel oil, as appropriate, pursuant to Section 255.257, Florida Statutes. VII ACCESSIBILITY STANDARDS AND ALTERATIONS 1. The Lessor agrees that the demised premises now conform, or that, prior to Lessee's occupancy, saii premises shall, at Lessor's expense, be brought into conformance with the requirements of the Florida American With Disabilities Accessibility Implementation Act, Section 553.501 - 553.513, Florida Statutes, and the curren Florida Disability Code for Building Construction, providing requirements for persons with disabilities and wit] the requirement of Public Law 101 -336, enacted July 26, 1990, effective January 26, 1992, Section 28 CFR Part 3: and Appendix to Section 36 CFR Part 1191, Known as the "Americans with Disabilities Act of 1990." 2. That the Lessee shall have the right to make any alterations in and to the demised premises during the term of this lease upon first having obtained the written consent thereto of the Lessor. The Lessor shall no capriciously withhold the consent to any such alterations. *These are the only Articles in which the word "Lessor" can be changed to "Lessee" by the Lessee withou authorization from the Division of Facilities Management. (Rule 60H -1.003 Florida Administrative Code) a a a Page 2 of 5 FM 4054 (R07 /01) Lease No.: 800:0266 VIII INJURY OR DAMAGE TO PROPERTY ON PREMISES All property of any kind that may be on the premises during the continuance of this lease shall be at tl sole risk of the Lessee, and except for any negligence of the Lessor, the Lessor shall not be liable to the Lessee f loss or damage to the property. IX FIRE AND OTHER HAZARDS 1. In the event that the demised premises or the major part thereof, are destroyed by fire, lightning, stor or other casualty, the Lessor at its option may forthwith repair the damage to such demised premises at its own co and expense. The rental thereon shall cease until the completion of such repairs and the Lessor will immediate: refund the pro rata part of any rentals paid in advance by the Lessee prior to such destruction; should the premis( be only partly destroyed, so that the major part thereof is usable by the Lessee, then the rental shall abate to tl extent that the injured or damaged part bears to the whole of such premises and such injury or damage shall t restored by the Lessor as speedily as is practicable and upon the completion of such repairs, the full rental sha commence and the lease shall then continue the balance of the term. 2. The Lessor shall provide for fire protection during the term of this lease in accordance with the fii safety standards of the State Fire Marshal. The Lessor shall be responsible for maintenance and repair of all fii protection equipment necessary to conform to the requirements of the State Fire Marshal. The Lessor agrees th; the demised premises shall be available for inspection by the State Fire Marshal, prior to occupancy by the Lessee and at any reasonable time thereafter. 3. The Lessor certifies that no asbestos was used in the construction of the demised premises or that asbestos was used, actions have been completed to correct the hazards caused by the use of asbestos. 4. The Lessor certifies that if any radon is present, it is at a measurement level less than 4 PCl/L. X EXPIRATION OF TERM At the expiration of the term, the Lessee will peaceably yield up to the Lessor the demised premises i good and tenantable repair. It is understood and agreed between the parties that the Lessee shall have the right t remove from the premises all personal property of the Lessee and all fixtures, machinery, equipmen appurtenances and appliances placed or installed on the premises by it, provided the Lessee restores the premise to as good a state of repair as they were prior to the removal. XI SUBLETTING AND ASSIGNMENT The Lessee upon obtaining written consent of the Lessor, which written consent shall not capriciously b withheld, shall have the right to sublet all or any part of the demised premises or to assign all or any part of th demised premises. XII NOT CONSENT TO SUE The provisions, terms or conditions of this lease shall not be construed as consent of the State of Florida t� be sued because of said leasehold. XIII WAIVER OF DEFAULTS The waiver by the Lessee of any breach of this lease by the Lessor shall not be construed as a waiver of an subsequent breach of any duty or covenant imposed by this lease. XIV RIGHT OF LESSOR TO INSPECT The Lessor, at all reasonable times, may enter into and upon the demised premises for the purpose o viewing the same and for the purpose of making any such repairs as they are required to make under the terms o this lease. XV BREACH OF COVENANT These presents are upon this condition, that, except as provided in this lease, if the Lessee shall neglect o fail to perform or observe any covenant herein contained, which on the Lessee's part is to be performed, and sucl default shall continue for a period of thirty (30) days after receipt of written notice thereof from the Lessor to the Lessee, then the Lessor lawfully may, immediately, or at any time thereafter, and without further notice or demand enter into and upon the demised premises, or any part thereof, and repossess the same as of their former estate an( expel the Lessee and remove its effects forcefully, if necessary, without being taken or deemed to be guilty of an manner of trespass and thereupon this demise shall terminate but without prejudice to any remedy which migh otherwise be used by the Lessor for arrears of rent or for any breach of the Lessee's covenants herein contained. a a a a Page 3 of 5 FM 4054 (R07 /01) Lease No.: 800:0266 XVI ACKNOWLEDGMENT OF ASSIGNMENT That the Lessee upon the request of the Lessor shall execute such acknowledgment or acknowledgments, any assignment, or assignments, of rentals and profits made by the Lessor to any third person, firm or corporatio provided that the Lessor will not make such request unless required to do so by the Mortgagee under a mortgag or mortgages executed by the Lessor. XVII TAXES, INSURANCE AND COMMISSIONS 1. Lessor shall pay all real estate taxes and fire insurance premiums on the demised premises. Lessor shc- not be liable to carry fire insurance on the person or property of the Lessee or any other person or property, whic may now or hereafter be placed in the demised premises. 2. Lessor agrees, covenants, certifies and warrants to Lessee that no portion of the rent payable pursuant Article II of this Lease Agreement is at an increased rate, above the going rate of the building, based on attributable to any commission or fee which is paid or is payable by Lessor as the result of Lessor's having utilize or contracted for the services of any real estate broker, salesman, agent or firm in any aspect of Lessor's dealings c any dealings involving the leasing of the demised premises to Lessee. XVIII AVAILABILITY OF FUNDS The State of Florida's performance and obligation to pay under this contract is contingent upon an annu; appropriation by the Legislature. F.S. 255.2502. XIX USE OF PREMISES The Lessee will not make or suffer any unlawful, improper or offensive use of the premises or any use c occupancy thereof contrary to the laws of the State of Florida or to such Ordinances of the City and/or County i which the demised premises are located, now or hereinafter made, as may be applicable to the Lessee. XX RENEWAL The Lessee is hereby granted the option to renew this lease for an additional _2 - 5 year terms upon tl same terms and conditions or as specified on attached addendum. If the Lessee desires to renew this lease und( the provisions of this Article, it shall give the Lessor written notice thereof not more than six months nor less tha three months prior to the expiration of the term provided in Article I of this Lease or any applicable renew, period. XXI RIGHT TO TERMINATE The Lessee shall have the right to terminate, without penalty, this lease in the event a State owned buildin becomes available to the Lessee for occupancy during the term of said lease for the purposes for which this spac is being leased in the County of Monroe Florida, upon giving six (6) months advance written notice to the Lessc by Certified Mail, Return Receipt Requested. XXII NOTICES AND INVOICES All required notices to be served upon the Lessor shall be by Registered or Certified Mail, Return Receil Requested at: 3583 S. Roosevelt Boulevard Key West 33040 ty) All required notices to be served Requested at: 2737 Centervie Drive - Suite 114 upon the Lessee shall be by Registered or Certified Mail, Return Receip 32399 -3100 Invoices, in triplicate, shall be submitted monthly to: Finance & Accounting — 2737 Centerview Drive Tallahassee, Florida 32399 -3100. XXIII DEFINITION OF TERMS (a) The terms "lease," "lease agreement," or "agreement" shall be inclusive of each other and shall also include any renewals, extensions or modifications of this lease. (b) The terms "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto. (c) The singular shall include the plural and the plural shall include the singular whenever the context sc requires or permits. (d) XXIV ADDITIONAL TERMS (Check One) X All additional covenants or conditions appear on attached Addendum(s A, B, C, D, E, F & Amendment 1 No additional covenants or conditions form a part of this lease. a a Page 4 of 5 FM 4054 (R07 /01) Lease No.: 800:0266 IN WITNESS WHEREOF, the parties have executed this instrument the day and year above written. ANY LEASE SHALL NOT BECOME LEGALLY EFFECTIVE, UNTIL APPROVED /ACCEPTED BY TB DEPARTMENT OF MANAGEMENT SERVICES. %JrUky11rA -U n1li1r U KEN HEVU1KED ON ALL COPIES Signed, sealed and delivered in the presence of: LESSOR, IF INDIVIDUAL (S): Witness Signature Print or Type Name of Witness (SEAL) Print or Type Name Witness Signature (SEAL) Print or Type Name of Witness Print or Type Name 4 AS TO LESSOR Signed, sealed and delivered in the presence of: V11 D C. . ol.�rJ Name of Corporation, Partnership, Trust, etc.: ners Monroe County Board of County Commissioners Q Witness Signature Isabel C. DeSantis ' t or Type Name of Witn By — (SEAL �, _ Q a � Mayor Dixie M. Spehar Wi ess tore ATTEST: Danny L. Kolhage Ja queline A. Clynes I�x Cler_ Print or Type Name of Witness Si", sealed and delivered in presence of: LESSEE: STATE OF FLORIDA i ss S gn are DEPARTMENT OF JUVENILE JUSTICE Pk"i Nam f Wi ss B y' I ar Ochalek Chief W s Si a e Print or Type Name U) Bureau of Contracting & PurchasinE Print or Type Name of Witness Print or Type Title AS TO LESSEE Approved As To Conditions and Need Approved As to Form and Approved As to Form and Therefor Legality, Subject Only To Full and Legality, Subject Only To Full DEPARTMENT OF MANAGEMENT SERVICES Proper Execution by the Parties and Proper Execution by the Parties Chief Bureau of Real Property Management GENERAL COUNSEL DEPARTMENT OF MANAGEMENT SERVICES ASSISTANT GENERAL COUNSEL DEPARTMENT OF JUVENILE JUSTICE Director Division of Facilities Management APPROVAL DATE: Lo Print or Type Name Approval Date: B Kiniberlv Sisko b-- Print or Type Name Approval Date: Page 5 of 5 FM 4054 (R07 /01) DEPARTMENT OF JUVENILE JUSTICE Lease No. 800 -0266 Location: Key West Rental Rate — 2,525 square feet/net rentable Addendum A I. RENTAL RATES The Lessor shall be paid by the Lessee the following rates for the terms as specified below: First Year Second Year Third Year Fourth Year Fifth Year Rental November 1, 2002 through October 31, 2003 Annual Rental $42,117.00 (Forty -Two Thousand One Hundred Seventeen and 00 /100 dollars) Monthly Rental $3,509.75 (Three Thousand Five Hundred Nine and 75/100 dollars) Rate Per Square Foot Per Year $16.68 Rental November 1, 2003 through October 31, 2004 Annual Rental $42,950.25 (Forty-Two Thousand Nine Hundred Fifty and 25/100 dollars) Monthly Rental $3,579.19 (Three Thousand Five Hundred Seventy Nine and 19/100 dollars) Rate Per Square Foot Per Year $17.01 Rental November 1, 2004 through October 31, 2005 Annual Rental $43,808.75 (Forty-Three Thousand Eight Hundred Eight and 75/100 dollars) Monthly Rental $3,650.73 (Three Thousand Six Hundred Fifty and 73/100 dollars) Rate Per Square Foot Per Year $17.35 Rental November 1, 2005 through October 31, 2006 Annual Rental $44,692.50 (Forty-Four Thousand Six Hundred Ninety Two and 501100 dollars) Monthly Rental $3,724.38 (Three thousand seven hundred twenty four and 38/100 dollars) Rate Per Square Foot Per Year $17.70 Rental November 1, 2006 through October 31, 2007 Annual Rental $45,576.25 (Forty-Five Thousand Five Hundred Seventy Six and 25/100 dollars) Monthly Rental $3,798.02 (Three Thousand Seven Hundred Ninety Eight and 02/100 dollars) Rate Per Square Foot Per Year $18.05 FM 4054 (R05/01) DEPARTMENT OF JUVENILE JUSTICE Lease No. 800 -0266 Location: Key West Rental Rate — 2,525 square feet/net rentable Addendum A (continued) II. RENEWAL OPTIONS (1'` of 2 -5 years): The Lessee is granted two -five year renewal options; the first five -year term, beginning November 1, 2007, to and including October 31, 2012, upon the same terms and conditions except for the rental rate which shall be modified as follows: First Year Second Year Third Year Fourth Year Fifth Year Rental November 1, 2007 through October 31, 2008 Annual Rental $46,485.25 (Forty-Six Thousand Four Hundred Eighty Five and 25/100 dollars) Monthly Rental $3,873.77 (Three Thousand Eight Hundred Seventy Three and 77/100 dollars) Rate Per Square Foot Per Year $18.41 Rental November 1, 2008 through October 31, 2009 Annual Rental $47,419.50 (Forty-Seven Thousand Four Hundred Nineteen and 501100 dollars) Monthly Rental $3,951.63 (Three Thousand Nine Hundred Fifty One and 63/100 dollars) Rate Per Square Foot Per Year $18.78 Rental November 1, 2009 through October 31, 2010 Annual Rental $48,379.00 (Forty- Eight Thousand Three Hundred Seventy Nine and 00 /100 dollars) Monthly Rental $4,031.58 (Four Thousand Thirty One and 58/100 dollars) Rate Per Square Foot Per Year $19.16 Rental November 1, 2010 through October 31, 2011 Annual Rental $49,338.50 (Forty -Nine Thousand Three Hundred Thirty Eight and 50 /100 dollars) Monthly Rental $4,111.54 (Four Thousand One Hundred Eleven and 54/100 dollars) Rate Per Square Foot Per Year $19.54 Rental November 1, 2011 through October 31, 2012 Annual Rental $50,323.25 (Fifty Thousand Three Hundred Twenty Three and 25/100 dollars) Monthly Rental $4,193.60 (Four Thousand One Hundred Ninety Three and 60/100 dollars) Rate Per Sguare Foot Per Year $19.93 FM 4054 (R05 /01 DEPARTMENT OF JUVENILE JUSTICE Lease No. 800 -0266 Location: Key West Rental Rate — 2,525 square feet /net rentable Addendum A III. RENEWAL OPTIONS (2nd of 2 -5 years): The Lessee is granted two -five year renewal options; the second five -year term, beginning November 1, 2012, to and including October 31, 2017, upon the same terms and conditions except for the rental rate which shall be modified as follows: First Year Second Year Third Year Fourth Year Rental November 1, 2012 through October 31, 2013 Annual Rental $51,333.25 (Fifty -One Thousand Three Hundred Thirty Three and 25/100 dollars) Monthly Rental $4,277.77 (Four Thousand Two Hundred Seventy Seven and 77/100 dollars) Rate Per Square Foot Per Year $20.33 Rental November 1, 2013 through October 31, 2014 Annual Rental $52,368.50 (Fifty -Two Thousand Three Hundred Sixty Eight and 501100 dollars) Monthly Rental $4,364.04 (Four Thousand Three Hundred Sixty Four and 04/100 dollars) Rate Per Square Foot Per Year $20.74 Rental November 1, 2014 through October 31, 2015 Annual Rental $53,403.75 (Fifty -Three Thousand Four Hundred Three and 75/100 dollars) Monthly Rental $4,450.31 (Four Thousand Four Hundred Fifty and 31/100 dollars) Rate Per Square Foot Per Year $21.15 Rental November 1, 2015 through October 31, 2016 Annual Rental $54,464.25 (Fifty -Four Thousand Four Hundred Sixty Four and 25/100 dollars) Monthly Rental $4,538.69 (Four Thousand Five Hundred Thirty Eight and 69/100 dollars) Rate Per Square Foot Per Year $21.57 Fifth Year Rental November 1, 2016 through October 31, 2017 Annual Rental $55,550.00 (Fifty Five Thousand Five Hundred Fifty and 00 /100 dollars) Monthly Rental $4,629.17 (Four Thousand Six Hundred Twenty Nine and 17/100 dollars) Rate Per Square Foot Per Year $22.00 FM 4054 (R05 /01) jo 1, rAAr M * STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES PUBLIC ENTITY CRIME STATEMENT Addendum Number B LEASE NUMBER: 800:0266 Public Entity Crime Statement: 287.133 Florida Statutes places the following restrictions on the ability of persons convicted of public entity crimes to transact business with the department: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Board of County Commissioners r R� (Date) AGE, CLERK � � v DE CLERK FM 4054G (R05/01) APPROVED A5 TO F 'ARM AND L AL SUF E BY AN UTTON -� / 30 C3 Larry Ocha'1ek, Chief of Contracting & Purchasing 21-7 /a3 (Date) DISCRIMINATION REQUIRED ADDENDUM C LEASE NUMBER: 800:0266 An entity who has been placed on the Discriminatory Vendor List may not submit a bid or proposal to provide goods or services to a public entity, may not submit a bid or proposal with a public entity for the construction or repair of a public building or public work, may not submit bids or proposals on leases of real property to a public entity, may not perform work as a contractor, supplier subcontractor or consultant under contract with any public entity and may not transact business with any public entity. Larry Ochalek, Chief Bureau of Contracting & Purchasing 2 - 7 0 Date STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES Lessor Monroe County Board of County Commissioners Date APPROVED AS TO CLERK AND AL SUFV S ZANN A�.' HTTON CL ERK - FM 4054I (R05/01) STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES PUBLIC HURRICANE EVACUATION SHELTER ADDENDUM D LEASE NUMBER: 800:0266 Pursuant to Chapter 252.385 (4)(b) F.S.; facilities that are solely occupied by state agencies and have at least 2,000 square feet of net rentable space in a single room or a combination of rooms each having a minimum of 400 square feet may be required to serve as a public hurricane evacuation shelter at the request of the local emergency management agencies. It is hereby agreed and understood that in the event the facility being leased is selected for use as an emergency shelter the lessor, upon receiving notice form the Emergency Management Center, shall make the building available as a public hurricane evacuation shelter. r Lar4 Ochalek, Chief Bureau of Contracting Purchasing ' 2 -7 16 3 Date FM 4054H (R05 /01) essor, Signatur Monroe County Board of County Commissioners /4., Z• e L Date CLERK APPROVED AS TO OR 4 � AND L SUFF Y BY ANNE/A dj Qo► was STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES FAILURE TO COMPLY ADDENDUM NUMBER E LEASE NUMBER 800:0266 In the event that Lessor fails to comply with any term or provision of this Lease after written notice, Lessee reserves the option to 1) setoff and deduct from the rental amount due Lessor under this lease such sums as Lessee determines are required to remedy the default of Lessor; 2) do whatever Lessor is obligated to do under the terms of this Lease; and Lessor agrees to reimburse Lessee on demand for any reasonable expenses which Lessee may incur in thus effecting compliance with Lessor's obligation under this Lease; and Lessee hereby covenants and agrees to use its best efforts to mitigate damages caused thereby; 3) terminate this Lease and vacate the premises, but without prejudice to any remedy which might otherwise be used by the Lessee for any breach of the Lessor's covenants contained herein; 4) bring suit for damages against Lessor for any expense (including reasonable attorney's fees) Lessee may incur by reason of a delay in the Commencement Date of this Lease, except for any such delay caused solely by any delay, default or omission of Lessee. Lessee is required to give Lessor written notice setting forth in reasonable detail the nature and extent of such failure and Lessor will be given thirty (30) days to cure such failure. If such failure cannot reasonably be cured within such thirty (30) day period, the length of such period shall be extended for the period reasonably required therefore, if Lessor commences curing such failure within such thirty (30) day period and continues the curing thereof with reasonable diligence and continuity. Reason for setoff of amounts due under this Lease shall include, but are not limited to, remedying heating and air conditioning equipment and roofing deficiencies. Each occasion of setoff of rental amounts due under this Lease shall be contingent upon the prior approval of Lessee's legal counsel. Monroe County Board of County Commissioners ! eft A i; Lessor S' FM 4054C (R05/01) 4 E y L. State of Florida Department of Juvenile Justice arry Ochalek, C ief Bureau of Contracting & Purchasing Lessee Signature CLERK APPROVED AS TO F RM /f AN AL SUF N S &NNE HH TO D ��� / Packet Pg. 750 STATE OF FLORIDA 02_5 DEPARTMENT OF MANAGEMENT SERVICES JANITORIAL SERVICES ADDENDUM F LEASE NUMBER: 800 -0266 The lessor agrees to furnish janitorial and cleaning services as part of this lease agreement. This includes furnishing all cleaning/maintenance equipment and cleaning supplies as required, including but not limited to, drinking cups at water fountains, bathroom tissues, paper towels, trash receptacle liners, hand soap (preferably liquid) and doormats at entrances to the facility. All supplies are to be of good quality acceptable in the janitorial profession and of satisfactory quality suitable to the needs of personnel. Cleaning of the facility shall be accomplished in accord with the following schedule: FLOORS DAILY: Carpeted Areas — Vacuum Non - carpeted Areas — Dust mop Remove gum and other materials. Spot damp mop and to remove stains orspots. WEEKLY: Non-Carpeted Areas — Damp mop and spray buff. SEMI - ANNUALLY: Machine clean carpets in hallways. Other areas to be cleaned if their condition so dictates. Strip, reseal and wax all normally waxed floors. ANNUALLY: Machine clean all carpets throughout the facility. WALLS, CEILINGS, INTERIOR DOORS, LEDGES, ETC. WEEKLY: Sot Clean Clean light switch plates and surrounding wall areas. Dust windowsills, ledges, fixtures, etc. MONTHLY: Dust or vacuum HVAC registers. ANNUALLY: Clean all light fixture diffusers and dust light bulbs. WINDOWS AND GLASS DAILY: Sot clean entrances and vicinity glass both in and outside. Spot clean directory and internal glass or windows. SEMI - ANNUALLY: Clean inside of external windows. WATER FOUNTAINS DAILY: Clean and sanitize. Replenish supply of disposable cups (if applicable). FURNISHINGS AS NEEDED, BUT AT LEAST WEEKLY: Dust tables, chairs, desks, credenzas, file cabinets, bookcases, etc. Do not disturb any papers lying on desks or cabinets Dust and clean all ornamental wall decorations, picture, charts, chalkboards, etc. Dust draperies, venetian blinds, or curtains. SEMI - ANNUALLY: Vacuum all drapes, venetian blinds, or curtains. TRASH AND REFUSE DAILY: Empty and clean all trash receptacles. Receptacle liners are to be used. Change as necessary. Remove all collected trash to external dumpsters or trash containers. In conference rooms, reception areas, etc., remove accumulated trash, i.e. paper cups, soda cans, etc. CIGARETTE URNS AND ASHTRAYS DAILY: Empty and clean all cigarette urns. Empty and damp wipe all ashtrays. a a a a a` a FM 4054D (R05 /01) ELEVATORS (If Applicable) DAILY: If carpeted, vacuum. If not carpeted, dust mop, remove gum and other materials, spot damp mop to remove stains orspots. Clean hardware and control panels. WEEKLY: Vacuum door tracks. Damp mop floors andspray buff if not carpeted. STAIRWELLS (If Applicable) DAILY: Remove accumulated trash. Spot sweep as required. WEEKLY: Sweep. Dust mop to remove stains. Dust handrails, ledges, etc. Spot clean walls and doors. RESTROOMS DAILY: Maintain in a clean and sanitary condition: floors, walls, doors, stalls, partitions, shelves, sinks, commodes, urinals, bath facilities, soap and towel dispensers Clean and polish mirrors. Empty and sanitize trash and sanitary napkin receptacles. Replenish supplies of tissue, towels, and soap. Check and replace, as necessary, deodorizer bars/room air freshener units. MONTHLY: Clean ceramic tile surfaces with a strong cleaner or bleach so that tile and grout have a uniform color. LOUNGE AND KITCHEN AREAS If Applicable DAILY: Clean and sanitize sinks and counter areas. EXTERIOR DAILY: Sweep outside area immediately adjacent to building entrances. Keep parking lot and surrounding areas free of trash. WEEKLY: Sweep all exterior access areas, i.e. sidewalks, porches, verandas, etc. MAINTENANCE SERVICES In reference to Articles III and V of the lease agreement: Filters for HVAC shall be changed every 90 days at a minimum and more often as conditions warrant. 2. All painted surfaces in the facility shall be freshly painted at the commencement of this lease, if needed, and at least once every three years thereafter during the lease term and any renewals thereof. Touch up painting to be done as needed. 3. Perform such other services as are necessary to keep the facility clean and in a sanitary condition. In providing any or all of the before mentioned services: 1. Janitorial staff is to only use necessary lighting in the areas in which they are actually working and turn off unnecessary lighting. Air conditioning equipment is not to be turned on for the exclusive use of the janitorial staff. 2. Only actual employees of the janitorial contractor are to be admitted to the premises. 3. During after hours cleaning, all outside doors are to be locked and janitorial staff is not to provide access into the facility to anyone. 4. Janitorial staff is to check exterior doors and windows to ensure the facility is secure at the time of leaving the facility. FM 4054D (R05/01) 2 STATE OF FLORIDA DRAVOT Oat Awl DEI�i4 RTMENT OF JUVENILE JUSTICE September 18, 2002 Ann M. Mytnik Contract Monitor Monroe County Public Works Facilities Maintenance 3583 S. Roosevelt Blvd. Key West, FL 33040 Subject: Request for Lease Modification Dear Ms. Mytnik: I am in receipt of Ms. Hutton's memorandum dated September 11, 2002. The Department understands your concerns, but it does not have the authority to amend the term "interior equipment" to "interior fixtures" in section V(1) of the Department of Management Services' (DMS) lease. However, DMS has informed us that it would allow an amendment to the lease that excludes tenant -owned equipment from the maintenance and repair responsibilities of the Landlord. A copy of the proposed amendment is attached for your review. Best regards, j Kimberly Sisko Cobb Assistant General Counsel 2737 CENTERVIEW DRIVE TALLAHASSEE, FLORIDA 32399 -3100 Jt:ts hush►, GOVERNOR W. G. `BILL "BANKHEAD, SECRETARY R „ DEPARTMENT OF JUVENILE JUSTICE AND Monroe County Board of County Commissioners LEASE # ,800:0266 AMENDMENT # 001 The purpose of this amendment is to modify the below - stated lease terms. THIS AMENDMENT, ENTERED INTO BETWEEN THE State of Florida, Department of Juvenile Justice, hereinafter referred to as the "LESSEE" and Monroe County Board of County Commissioners, hereinafter referred to as the "LESSOR," amends Lease 800:0266, by deleting, as indicated by "strikethrough" and adding as indicated by " underscore ," the section(s) below. Section IH.b. HEATING, AIR CONDITIONING, AND JANITORIAL SERVICES DELETE and certifies that boilers herein have been calibrated to permit the most efficient operation. Section IV LIGHT FIXTURES DELETE 2. The Lessor certifies that the lighting levels within the demised premises are maintained at and do not exceed the following levels: 10 foot - candles in halls and corridors; 30 foot - candles in other public areas; a minimum of 50 foot - candles in office, conference rooms, and other levels as set forth in the State Energy Management Plan, Volume, Section F. Section V MAINTENANCE AND REPAIRS ADD 5. The term "interior equipment" does not include tenant -owned equipment, such as computers, copying machines, and other office equipment Section XVII TAXES, INSURANCE AND COMMISSIONS DELETE 1. Lessor shall pay all real estate taxes and fire insurance premiums on the demised premises. THE LESSOR AND THE LESSEE MUTUALLY AGREE: This amendment shall begin upon full execution. All provisions in the lease and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform to this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the lease. This amendment is hereby made a part of the lease. IN WITNESS WHEREOF, the Lessor has caused this one page amendment to be executed. LESSOR: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS SIGNED BY: Dixie M. SDehar (SE V 0 LESSEE: STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE SIGNED BY: NAME: arry Ochalek TITLE: Chief Bureau of Contracts and Purchasin DATE: CLERK AppRO'4"' SUFFI 4 ,'u Y. AND l AL BY -• _ z C ;J STATE OF FLORIDA Agreement for Mod Bureau mf Leasing, Department cf Management Services Form 404U Lease Number: 8MO266 Modification Number: 02 WHEREAS, the DeParhnentofJuveni|eJuudce into Lease Number 800:0268 on FebrUary �� effective November �g ' 2002 mndcunsi»�of cunentLes��rbeing Mo���ou�vmm�momwvcum,mu:o�m Lessee, Lese� has prev entered / . 2003 which became 2,525 square feet; the and WHEREAS, the current description o{ the leased premises is: 2525 sqUare feet of office space on the 2 nd floor at 5503 College Road, Key West, Florida 33040 and the covenants and conditions contained in the original State of Florida, Department ofyWana@ementServices Lease Agreement, asamendedby the below modificationW are hereby readopted and incorporated herein. 1. EXI Agreement for Lease Renewal: Lessor and Lessee agree that, pursuant mArticle XX oftha Lease Agreement described above, the Lessee hereby exercises the option to renew Lease for a period of 5 year(s)beginnin0 November Ist ' 2OI2 and ending October 31st 20I7 2. L] Agreement for Lease Extension: Lessor and Lessee hereby agree to extend the terryi of the I ease Agreement described above for a period of mnnth(o)'heA|nning ___ _______ and ending Restructuring the Rental Rate� Commencing November 1st ' Z 012 tha Lease referenced above isamendmd»o increase [- or decrease fg the rental rate per square foot per year paid to the Lessor by the Lessee to the at'nounts as specified in Article 7 of this agreement, 4. F1 increase or Decrease Square Footage: Comm onc i ng _'______, the �aser�mencedaboveivamende6to increase Dur decrease El the square footage leased under this Lease by_ square feet from s4uae feet to square feet, The description of added ur deleted square footage is: and the rental rates, pursuant to this change, shall be as specified in Article, 7 of this Agreement, 5. Change the Remewa|OptiomTermnm: cnmmencing the Lease is hereby amended to change the renewal option periods from __. ....... ' year periods to______'___ year periods, pmma: znfa Form: «n40 Rev, Date: 6/12 6. [] Other (Use this section tn specify terms riot included |n the sections above. |f this box is not selected, naadditional modifications are indudedj 7. Effective Rental Ratea – Gquare Footage 2 525 Tsnxn R4Tapsm Start end sQwAnspoOT MONTHLY RATE ANNUAL RATE (MM/oo/vYYr) (Mw/mo/YvYY) 11/O1/2O12 - 10/31/2013 $17A8 g3 $49,379.50 11/01/2013 - 10/31/2014 $17,18 $3 .543 11/01/2014 - 10/31/2015 $21A5 $4 $53 I1/01/2015 - 10/31/2016 $21-57 $4 $54 11/01/3016 - 10/31/2017 $2280 $4 $55,5SO,00 - 50,00 $0,00 - $0.00 $DM $Om $0.00 ' g0.00 $0,00 - $O-OO $0,00 4greenmentto incorporate Addemdurw WHEREAS, both the Lessor and the Lessee wish to amend and modify said lease so as to incorporate Addendum A effective November 1�____�o��— NOW, THEREFORE, in consideration of the mutual pnnmi»es and covenants herein contained; thepart|eshereto hereby agree asfollows: Commencing NOVernber 1.st ' 2012 said lease is hereby amended and modified toincorporate Addendum A Page: 2of3 Form: 4040 Rev. Date: 8/12 l x . _,___ Date D t e Date Aa*mLessee Agency — Agency head, orauthohzed delegate, and representative wf Agency Office of General Counsel muSt sign, print name and enter date, Data Date 4mtm the Department mfManagement Services — Chief Real Property Administrator (or aUthorized designee) and Secretary (or authorized delegate) nriust sign, print name and enter date, When applicable, DIVIS Office of General COUnsel shall sign, print name and enter date, pame� 3pf3 Fonn: 4040 Rev. Date! 6/12 STATE OF FLORIDA 4 6 1, DEPARTMENT OF MANAGEMENT SERVICES UPDATED DISCLOSURE STATEMENT Lease Number: 800:0266 Location: 5503 College Road, Key West, Florida 33040 The Disclosure of Ownership Statement, form FM 4114, currently on file dated remains valid and correct. Lessor: Monroe County Board Of County Commissioners 0 Authorized Signature Name/Title Date (SEAL) 04/22/2009 Form 4,114A R03 12 STATE 0FFLOR DEPARTMENT OF MANAGEMENT SERVICES Employment Eligibility Verification A � �������ADDENDUM LEASE NUMBER: 8 0 0 0 2 6 6 � Pursuant to Executive Order #11-02 /as Superceded by 11-116\, Lessor agrees that it will enroll and participate in the Employment Eligibility Verification Program ("E-Verify Program") administered by the U,S. DepaM[rnentuf Homeland Security ("DHS°), under the terms provided in the "Mernorandunn of Understandimg with DHS governing the program, to verify the employment eligibility of all persons it employs under the lease term to performn duties in Florida. Lessor further agrees to provide to the Lessee, as part of the leasing documents, documentation of such enrollment in the form of a copy of the "Edit Company Profile" page in E-Verify, which contains proof of enrollment in the E-Verify Program. (This page can be accessed from the "Edit Company Profile" link on the left navigation menu of the E- Verifv employer's hornePage.) Information regarding "E-Verify" is available at the following vvebsite: Lessor further agrees that it will require each subcontractor that performs work under this lease to verify the ernp|oyrnent eligibility of its employees hired during the term of this contract by enrolling and participating in the E-Verify Program of the effective date of this lease or within ninety days of the effective date of the contract between the Lessor and the subcontractor, whichever is later. The Lessor shail obtain from the subcontractor(s) a copy ufthe "Edit Company Pn)h|e° screen indicating enrollment in the E-Verify Program and make such record(s) available to the Agency and other authorized state officials upon request, Lessor further agrees to maintain records of its participation and compliance with the provisions of the E4/erifv Program, including participation by its subcontractors as provided above, and to make such records available tothe Agency and other authorized state officials upon request. Compliance with the terms ofth|s provision (including compliance with the terms of the "Memorandum of Understanding" with DHS) is heroby made an express condition of this lease. Lessee <«) Lesse Signature mame/Tifle Date FrW4D54K1 (ROl/lZ) W Lessor Lessor Signature .......... ---' Name/Title Date LEASE AMENDMENT THIS AMENDMENT, made and entered into this 15'' day of January, 2003, by and between Monroe County, Florida, part of the first part (hereinafter called the "owner"), and the State of Florida Department of Juvenile Justice, Division of Key West, and Bureau of Circuit 16, party of the second part (hereinafter called the "Lessee "). WHEREAS, the parties hereto did enter into a Lease Agreement approved by the Monroe County Board of County Commissioners on October 16, 2002; NOW THEREFORE IN CONSIDERATION of the mutual promises contained herein, the parties do agree as follows: Form #TCS entitled Indemnification and Hold Harmless shall be omitted from the Lease documents. 2. All other provisions of said agreement approved October 16, 2002, shall remain in full force and effect. SS WHEREOF, the parties hereto have executed this amendment on the day and date �t pve written. {$ MONROE COUNTY FLORIDA, BOARD ATT1 S'f" Danny L. Kolhage, Clerk OF COUNTY COMMISSIONERS B. BY: Dep6ty Clerk 4/ Mayor/Chaiman State of Florida. Department of Juvenile Justice BY: 4mx� Title:"' 1� 15161> /? cry as ��LEO£6 -6 APPROVED AS ?O F BY AND .. AL SUFFI ZANN ' A. U7 ?ON F