Item N3BOARD OF COUNTY COMIYIISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6/11/14 - MAR Division: County Attorney
Bulk Item: Yes X No
Staff Contact Person: Bob Shillinger, 292-3470
AGENDA ITEM WORDING: Approval of Fourth Amendment to Lease Agreement extending the
lease for office space for the County Attorney's Office for one (1) year to expire August 31, 2015.
ITEM BACKGROUND: On July 18, 2007, due to the hazardous conditions that existed as a result of
the structural deterioration of the building formerly housing the County Attorney's Office, the BOCC
approved a Lease Agreement for office space to house the County Attorney's Office in Suite #408 of
the office building located at 1111 12t' Street in Key West until office space could be made available in
a County building. On 4/20/11, the BOCC approved a one-year extension of this lease in that
Engineering had advised alternate space in a County building was not expected to be ready within the
required time frames. Alternate space in a County building is not expected to be available prior to the
expiration of our current lease August 31, 2014. This Fourth Amendment to Lease Agreement extends
the existing lease for an additional one (1) year term until alternate space in a County building becomes
available.
PREVIOUS RELEVANT BOCC ACTION:
7/18/2007 BOCC approved Lease Agreement
4/20/2011 BOCC approved Amendment to Lease Agreement (1 yr. extension)
4/18/2012 BOCC approved Second Amendment to Lease Agreement (1 yr. extension)
5/15/2013 BOCC approved Third Amendment to Lease Agreement (1 yr. extension)
CONTRACT/AGREEMENT CHANGES:
Extends lease for one (1) additional year to 8/31/2015.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $156,332.70 perms
INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $156,332.70 per year *
* Per lease agreement, base rent adjusts annually on the Is` day of September by 4% or the percentage
change of the Consumer Price Index (CPI) for the preceding 12 months, whichever is higher. Current
rent is $12,526.66 per month/$150,319.90 annual.
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
137,
APPROVED BY: County Atty &B/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 2/05
AGENDA ITEM # x-3
* Revised Back-up:
AI$ & Contract Summary now
fully executed.
4th Amendment to Lease now
executed
Contract with: 12th Street LTD
Contract #
Effective Date:
Expiration Date:
9/l/2014
8/31/2015
Contract Purpose/Description:
Approval of Fourth Amendment to Lease Agreement extending the lease for office
space for the County Attorneys Office for one _(1) year to expire August 31, 2015.
Contract Manager: Bob Shillinger 3470 Count
y Attorney #7
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 6/11/2014
Deadline: 5/27/2014
CONTRACT COSTS
1 Total Dollar Value of Contract: $ 156.332.70 Current Year Portion: $
Budgeted? Yes®
Grant: $
County Match: $
per year
No El Account Codes: 67501-530440-
ADDITIONAL COSTS
Estimated Ongoing Costs: $---/yr For:
(Not included in dollar value above) (eg. maintenance,
Division Director
E)ate In
)zRh
Risk Management
6-C
O.M.B./Purchasing
S aBll�
County Attorney
14/1 y
Comments:
VMb corm Kevised:Z/27/U I MUF #2
CONTRACT REVIEW
Changes Date Out
Needed kl*w.er ol
YesF-I;Toe /I
YesEl NoC]' 5A J14
YesE] Noo-j�&
Yesn No[
FOURTH AMENDMENT TO LEASE AGREEMENT
THIS FOURTH AMENDMENT TO LEASE AGREEMENT is made and entered into this
day of 2014, by 12' STREET, LTD. (LESSOR), a profit corporation
incorporated in the State of Florida, whose address is 1680 Michigan Avenue, Suite 914, Miami, FL
33139, and the BOARD OF COUNTY COMMISSIONERS OF MON-ROE COUNTY, FLORIDA, a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL
33040 ("COUNTY" or "LESSEE").
WHEREAS, on July 18, 2007 the parties entered into a lease for office space situated at 1111
12a' Street, Suite 408, Key West, Florida 33040 expiring August 31, 2011; and
WHEREAS, on April 20, 2011, the parties agreed to extend the lease for a one-year term
expiring August 31, 2012; and
WHEREAS, on April 18, 2012, the parties agreed to extend the lease for a one-year terra
expiring August 31, 2013; and
WHEREAS, on May 15, 2013, the parties agreed to extend the lease for a one-year term
expiring August 31, 2014; and
WHEREAS, the lease dated July 18, 2007 provides that it may be extended in one-year
intervals; now therefore
IN CONSIDERATION of the mutual promises and consideration contained herein, the parties
agree:
1. The lease agreement entered into July 18, 2007, is hereby extended for an additional one-
year term to expire August 31, 2015.
2. All other terms of the lease agreement entered into July 18, 2007, not inconsistent
herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative.
WITNESS:
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
By:
Deputy Clerk
12rH
ftEET/LTD,
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
MAYOR
MONR=3HILU
RNEY
�ROBF-W., 3R
COL*M TT
ADDITIONAL
BACK-UP
=orag=
From:
Wilson -Kevin
Sent:
Friday, April 12, 2013 5:20 PM
To:
Ferda-Elaine
Cc:
Shillinger-Bob; Barnett -Jerry; Smith -Shane
Subject:
RE: County Attorney Office Lease
You won't be moving in FY2014.
Kevin G. Wilson, P.E.
Monroe County Public Works & Engineering Division
Murray E. Nelson Government & Cultural Center
102050 Overseas Highway, Room 214
Key Largo, FL 33037
(305) 292-4560 (Key West)
(305) 453-8797 phone (Key Largo - direct)
(305) 797-1547 cell
(305) 453-8798 fax -Key Largo
(305) 295-4321 fax -Key West
wilson-kevinO-)monroecountv-fl.aov
From: Smith -Shane
Sent: Friday, April 12, 2013 4:42 PM
To: Ferda-Elaine
Cc: Shillinger-Bob; Barnett -Jerry; Wilson -Kevin
Subject: Re: County Attorney office Lease
Elaine
The Consultant is currently working on a draft to be submitted in June. The draft submittal will include
recommendations to consolidate/ relocate County services into County owned facilities, and provide approximate
information for the County Administrator to consider.
At this point in the project, the Consultant has completed the Facilities Condition Assessments, and is working to
combine the information gathered from the Space Planning Surveys from each division/ department,
I would be happy to meet with you next week to discuss further if needed. Thank you.
Shane S. Smith
Sr. Project Manager
Project Management Dept.
Monroe County Florida
1100 Simonton St. Suite #2-216
Key West, Florida 33040
0- 305-292-4527
C- 305-395-2059
F- 305-295-4321
On Apr 12, 2013, at 4:20 PM, "Ferda-Elaine" <Ferda-Elainet@monroecounty-fl.gov> wrote:
I neglected to tell you in the last email that our lease needs to go before the BOCC in May so if you could
get this information to me as soon as possible so we can be prepared for any questions asked by the
commissioners. Thanks Shane and have wonderful weekend.
From: Ferda-Elaine
Sent: Friday, April 12, 2013 4:06 PM
To: Smith -Shane
Cc: Shillinger-Bob
Subject: County Attorney office Lease
Good afternoon Shane,
Our County Attorney Office lease is due to go befo
ee n renew ng • ease.•
EET,M
HIS TE41D AWNDWM TO LEASE AGREF30M is made and entered into this
day of AO 2013, by 12TH ,,
. (LESSOR), a profit corporation incorporated
in the S33tat6e ff —Flo—rid—a,—w—h-jose address is 1680 Michigan Avenue, Suite 914, Miami, FL 33139, and the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political
subdivision of the State of
♦ ! { , �'
T
rim
WHEREAS, on April 20, 2011, the parties agreed to extend the lease for a one-year term
expiring August and
WHEREAS, the lease dated July 18, 2007 provides that it may he extended mi one-year
intervals; now therefore
VIREREAS, the lease dated April 4, 2012, the parties a --jux;_4 &nyt fftft�-q �er
IN CONSIDERATIONof r mutual promises :'1r consideration contained herein, the tall
ies
The lease agreement entered into july 18, 2007, is hereby extended for an additional one.
year term to expire August 31, 2014.
herewith,
2. All other terms of th * e lease agreement entered into July 18, 2007, not inconsistent
shallremain 1:full force• i effect.
/
271W f
AMY HEAVnjN9 CLERK
By:--C�' V
Deputy Clerk
i RR i1
T ■ Lease
,,. #i, Agreement
iti
Florida,THIS SEPOND AMENDMENT TO LEASE AGREEMENT is made and entered into this
day of Ag�
4 . 2012, by 12�m STREET, LTD. (LESSOR), a profit corporation
whose address is 1680 Michigan Avenue, Suite 914, Miami, FL
33139, and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a
political 1. 1 f _'# of the - of Florida, r.'.. - address 1. f - 1 1'. Simonton Street
33040 M' ,
,
V41EREAS, on April 20, 2011, the parties agreed to extend the lease for a one-year term
expiring August 31, 2012; and
44HEREAS, the lease dated July 18, 2007 provides that it may be extended in one-year
intervals; now therefore
agree: IN CONSIDERATION of the mutual promises and consideration contained herein, the parties
I The lease agreement entered into July 18, 2007, is hereby extended for an additional one -
term to expirer
2. All other , theleaseagreement entered gib•intoJuly 18, 2007, not 1 '. :.,.:1
herewith, shallremain
! ! :
DANNY L. KOLHAGE,
/
Byi/ _/
M
BOARD OF COUNTY/ r 1F.k[!
OF MONROEFLORIDA'
` R
1000 .......
MAYOR
LeaseThis Amendment to
Agreement s made and entered K .
2011, by 12TH STREET,
r • corporation
Florldar whose address L
Of
Rd.,, Suite•38, Miami,, FL 33126, 1 ,
ti p' i «i =r
• ' r i i COUNTY,
subdivision of the
Stateof Florida,whose.• ez tt Simontony West, FL 33040, •[4
or
Street,WHEREAS, the parties entered Into a lease fbr office space situated at 111, 12th
Suite.: t o r 1 t and
WHEREAS, the COUNTY continues to requires 01VIC0 Office; Attorneys
•
WHEREAS, the dated July 113, 2007,PrOlAdes thatIntervals;now therelbre
11; CONSIDERATION OF the mutual promises and consideration contained herein, the
parties agree:
1. The lease agreement entered into July 18, 2007,
extended fbr r A1
other terms of the lease• a i- . 3ulv 18, ut t
IN WITNESS WHEREOF, each party has caused this Agreement
duly authorized
IH— -
WARD OF COUNW COMMISSIONERS
;7
FLORIDA
aerk BY
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shall be rel from
all llab
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LESSEE In resp a to
an such
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MY be aNgned by the
LESSOR
b
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a letter stating that
the lease
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 18, 2007 - KW
Bulk Item: Yes No X
Division: County Attorney
Staff Contact Person: Suzanne A. Hutton
AGENDA ITEM WORDING:
Approval of lease to relocate County Attorney's Office to the Key West Professional Building on 12t`
Street.
ITEM BACKGROUND:
Staff has been monitoring the integrity of the deteriorating building presently housing the County
Attorney's Office staff for several years. Recent reports, including a report issued June 28, 2007, by an
independent engineer contracted to advise on demolition or renovation of the building, indicate the
integrity of the building is rapidly deteriorating creating a hazardous work environment and jeopardizing
the safety and welfare of County Attorney staff, the public and other County staff who must physically
interact with them.
Staff has sought out and visited available locations, anticipating the report to indicate a safety hazard, to
find suitable office space to relocate the County Attorney's Office until a permanent location can be
provided by the County. A study of the capital plan indicates it would be a minimum of three years
before the Annex Building could be renovated for use.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: TBD Approx. $110,000 per year BUDGETED: Yes _ No X
COST TO COUNTY: TBD Approx. $110,000 per year SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty 4 OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 2105
Clemons, Rutherford
u---sociates, inc.
■
A rA itprtc
Plannorb
Interior Designers
C01IStrnl:tion Managers
■
2027 Thornasville Road
lallahasace, Flurida 32312
■
Pn� Box 13739
'lallahassec, FUida 32317-3739
■
(850) 385-6153
Vax (db0) 366-8420
e-mail- era6,clemons-rutlrerford.com
lrll. J%,LLY "aIILVll
Director of Facilities Development
1 100 Simonton Street, RM 2- 16
Key West, Florida 33040
RE: Jefferson B. Brown Building (JBB)
Dear Mr. Darnett:
Please find enclosed ten (10) copies of the JBI3 analysis. We have spent a lot
of times o n ro thn ntr,.nt,wnl rnhitont'—] nla..tr..+.,1 LI\/A!` r.i.,,.�1....v
and the general conditions of the buildings. We have made a concerted effort
to not complicate the analysis so that our recommendations are easily
understood.
Tn Shull, wr rrcornnrrnd thal Ihr. 1965 portion of the building be renovated;
once renovated it will serve Monroe County for yrars to Come. The 1985
building concrete structure is visually failing and continues to fail. Failure is
from the concrete not having proper coverage and from water intrusion over a
period of time. We found a lot of evidence where concrete is preparing to fall
on the ceiling which presents a dangerous situation for the building
inhabitants_ The failure of this concrete provides cracks which allow moisture
intrusion In Ihr, steel and this causes the steel to corrode.
In addition, I understand that the Historic Jail was not part of om soopr of
work, however, since the 1965 and 1985 additions were built around the
Historic Jail I felt a sense of responsibility to give you our opinion on the
Historic Jail and how it could be included/excluded. Ubviously, it is up to
Monroe County as to when the Historic Jail portion will be dealt with.
I would like to commend you and your staff lhal dealt with and assisted us on
several visits; they met our every request. I would also Iikr to thank Ihr, Court
Administrator and Judges for their help.
If additional information is needed, please call and we will do our best to
provide the information to you.
Sincerely,
OD.Rutherford
RUTH OR
& ASSOCIATES, INC.
President JTI N V
WDR:larn-
�r
CC: File C IGt. IL �.�
Enclosure: Tcn (10) JDB Analysis
G:\1400 Miscellaneous Proposals - 6-26-02\2007\Key West, Jefferson B. Brown Courthouse\Key West
J.Barnett. Ltr.6.28.7.doc
Structural Opinion
Original Building (1965 Building)
This building appears to be in good condition. We did not observe any conditions that
cause concern over the structural integrity of this building. Therefore, our opinion is that
this building is in a condition that should continue to perform satisfactorily for some
time.
1985 Building Addition
This building has significant structural issues. Water intrusion over the years has caused
significant corrosion of the steel reinforcing inside the walls and roof slab. This
corrosion has in -turn caused the concrete to spall off the walls and floors, thus exposing
the corroded rebar.
The amount of corrosion is severe at the third floor level. Numerous areas are visible
where the concrete has spalled off the walls and/or roof slab. Upon closer examination
we discovered numerous other areas at the roof slab where the corroding reinforcing has
cracked the concrete, but the concrete has not yet spalled off.
Upon visual observation of the building, it is obvious the third floor has experienced
significant damage due to water intrusion. The extent of the damage throughout the
remainder of the building is unclear. In fact, there may be areas of the building that have
significant reinforcing corrosion, but the corrosion has not yet caused the concrete to
spall. In a case such as this, it is virtually impossible to determine the exact extent of the
corrosion damage.
Additionally, this building is framed with loadbearing interior walls throughout the space.
This type of construction, while being sound structurally, makes interior renovations
much more expensive, due to the amount of work to structural elements that is typically
required.
Due to the issues stated above, it is our opinion this building should be demolished and a
new structure constructed in its place. A more complete discussion of options for new
construction are presented in Section VI.
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It 1'!i i;Li 11(lt be eff?iiellt orjii'aCtlCal InUul opiniontorel-[ovi]Le or tel"}aiI' i7{'Cal1SC tt][']C ]4 I1Llt a
lv_;'y' I.C: C1eli�rilline dle _'xteilt ,,,t tho Conci ete SITUCtUE!I (k11.IlilgC. WC Vccor,inlend the d ei k-to I I t 1 on o
the i L)�5 additions and reconstruction «with several options to consider (see page .XXXX,X)
With the reconstruction wo can tie the 1965 and 1985 portions together. The renovated 1965 and
the new perr ion could present a 'building that is architecturally compatible and has the
appearance of a consolidated Monroe County Courthouse.
We kN ould propose that we provide the furnishing design in the building if the County is
interested, however, \N c. realize that purchases like this come towards the end and it may he that
inventorying the furniture, f XtUi-es and equipment that you have and determining what VOL] 11CCd
Will detenrline t}le amount of furnishings that are applicable to the renovated and new addition.
Architecturally, it is our desire to design and construct a facility that is both aesthetically
pleasing and acceptable in l-ey West Utz behalf of Monroe County Commission and clLizens. A
v ery important aspect of the 1965 building is that all communications fC}r Key Wcst are housed
on the tower on top of the building (telephone, 91 1, Sheriff. Fire, Rescue, etc.).
Since the 1965 building is rcccnnmended for renovation and not demolition this results in major-
savings to Lhe project. We will need to be very sensitive and cognizant of the structural integrity
of the tower and its support system both during demolition, renovation and rcconstructi011.
I lSi' 1 W _kill 1[-?ll Call laud Shoul.t t-Dt� i' 17t.?� i€(c. ! Lilld-']St'C? "OF 4`C: U-S it.? col III SiI LIC'tUiC. 1S
ot!Orl CC�nLlltii?il Cl]]Cl N ery Stc!1-11C:. I ;3. ��'- �•;�=._..� �i:.. ..I.i '.iC_ C Cai7:111iI;CLi i'�C;C.�Lii:iC 'L�ii' .�.. � -... _.
:1 •f: :;�i,i •�i'•-;�i:l'! '�t.,lei rob Li?1Cl the 198i vo1-tl C. II 1i.'lth cC1n Side at lon (F11en tit .111 tloorti I)UiliLs ..
o?fl.icc space nild.or grade lcwl parkin". The Of usirlL the Sect?lid level as a document
stOlil ;C flCilit',uxdd be com5idered. The Historic Jail is also a good Cl[?C;ument Storage area- ll
Clocument storage till the second level is decided upon rebuild the second level hack \x 1th a I W-
5" floor to ceiling height. If i-lot build it hack at 1?'-H" for normal office space. If it is built hack
as office occupancy the Sccond Icvel floor (196( : 198i) will not mach. This does not present a
iltige problem with horizontal convection b ause elevators can stop at zany elevatioll-
T} •j�u•t i�iT! •?�-� !, rl, 111;t]]`+l': 1'•:..-. i3i tl' i �i.` i`�lii[iii:E� iiilCl il:iL111i 11�:;1'ii[?ir f��l;�Ciatil' l33 tilt l�l.11'-+-:
tii1 LiCilirt' J11d Lllt PIeN iiaus Jail in the iniddIc tlt or) (A till' exr ting fac€iM,- The third
+•C.I i� ii, _. t�.::_1l ..-ate :?1 t.li;t'eh�11; h:i:L1U-•.:.'. .'t Sllclllilli� tii°i'.�:ictt frr]a� ',i;itGi 11711L17k[iil liiiil
i€ :ll�llrc�l}1laic Conci etc i ov era,'t• ol) tic ;t.Ccl that is shown in nuincrow,' photc?,,,raphs. This only
lcavcs the ground floo 1. which is eery inefficient because of'Sallypor doors and other jail related
spaces. In addition the Structural systerns does not provide for efticicnt cost rerio\ atio}il irlt0
o14-1cc space. The second level jail plumbing leaked for several years and caused ma -or damage
to the first floor. it' the first. floor structLll-c was retained it would fiirce (lie how's above to be
built back in their current Coll I igm-Citioll structuralll- It IS 11101'e COSt effccti\c to change the
structure to ,I mare et#iciencv struclul-e systeill and rebuild totally. In addition the Historic .Tail
tiffurs vc'r� v aivablc Spice as F31-111diRg Maiilterlallce or cliI l atiGeil Cl(1L:Lii chit storage, spice.
ro-
rclrovlmC.-Oina 11c's. 01(%iosc `..lilt "he SICed is III the of s ab vd-ilch Is L'i I c.
tension 4ccl- i-Ills Is vory cl` Ocal 'io I -lie structural stability Ali l.he slab.
Also note that "arro.ws" we 611,,,e13 1):�:flltlilg tO LffeiIS SUCK as beam lc- slab steal which li. vICIV,
critical to the stability of the structuirc,
Cd V SUUTV �Ai-d h`y, "lolk, w soi.q-10 -1.
which mc,-ins flic-v arc rcadv J) t�,,P 111n)"I'L,11 the ccillng. Several (0-tilesc Could "mc, CLIS-11N be-un
pried loose. Ou, opint')n is (11m tl]C 11ext
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This Agreement is made and entered THIS 18T" day of July, 2007, by 12TH STREET,
LTD. (LESSOR), a profit corporation incorporated in the State of Florida, whose address is
782 NW Lejeune Rd., Suite 638, Miami, FL 33126, and the BOARD of COUNTY
COMMISSIONERS for MONROE COUNTY, a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, FL 33040, ("COUNTY" or "LESSEE").
WHEREAS, LESSOR owns an office building situated at 1111 12th Street, Suite 408,
Key West, Florida 33040; and
WHEREAS, the County Attorney's office has been located in a County building which
has been deemed by an independent engineering company to be unsafe for continued
occupancy; and
WHEREAS, the COUNTY requires office space for the County Attorney's Office; now
therefore
IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION CONTAINED
HEREIN, THE PARTIES AGREE:
1. PROPERTY. LESSOR leases exclusively to the COUNTY the Suite 408 of the e
building known as the Key West Professional Building located at 1111 12th Street, Key
West, FI. 33040, as more particularly shown on Exhibit A, hereafter the "premises,"
containing 4,400 square feet. Exhibit A is attached and made a part of this Agreement.
2. TERM. The initial term of this Agreement is four years and twelve days
running from August 20, 2007, through August 31, 2011, unless earlier terminated as
provided in sections 3, of this agreement. Should the premises become available for the
County Attorney's office to be moved in at any date other than August 20, 2007, the rental
amount will be adjusted on a pro rata basis to reflect the changed date of availability, and
the natural termination date shall remain August 31, 2011. Either party may request an
extension of term no later than June 1, 2011, for a one-year extension, by giving written
notice to the other party. Thereafter one-year extensions may be requested in the same
manner and by mutual agreement of the parties, provided LESSEE is not in default.
3. USE AND CONDITIONS.
A. The premises shall be used solely for the operation of the County Attorney's
office. If the premises are used for any other purpose, the LESSOR shall have the option of
immediately terminating this Agreement. LESSEE shall not permit any use of the premises
in any manner that would obstruct or interfere with any of the LESSOR's duties as an
owner and LESSOR to maintain the building.
B. The LESSEE will further use and occupy said premises in a careful and proper
manner, and not commit any waste thereon. LESSEE will not cause, or allow to be caused,
any nuisance or objectionable activity of any nature on the premises. Any activities in any
way involving hazardous materials or substances of any kind whatsoever, either as those
terms may be defined under any state or federal laws or regulations or as those terms are
understood in common usage, are specifically prohibited. The LESSEE will not use or
occupy said premises for any unlawful purpose and will, at LESSEE's sole cost and expense,
County Attorney Lease 1
12th Street KW Professional Bldg.
conform to and obey any present or future ordinance and/or rules, regulations,
requirements and orders of governmental authorities or agencies respecting the use and
occupation of said premises.
C. LESSEE, its employees and invitees shall have the non-exclusive right to use the
common areas of the building, such as stairways, elevator, corridors, and parking, and will
abide by such reasonable rules as LESSOR may from impose regarding such use. LESSOR
has the right to close off common areas from time to time for repairs and maintenance and
other reasonable purposes.
4. RENT,
A. For the use of the premises, the LESSEE must pay the LESSOR the sum of
$118,800 per year, due in monthly installments payable in arrears upon receipt of a proper
invoice pursuant to the Florida Prompt Payment Act, Sections 218.70, Florida Statutes, et.
seq. Rent payments should be sent to:
12th Street, LTD.
PO BOX 414586
Miami Beach, FL 33141-4586
B. On the 1st day of September, 2008, and annually thereafter, there shall be an
adjustment to the base rent which shall be derived by taking the preceding year's rent and
increasing the same by four percent (4%) or the percentage change of the Consumer Price
Index for the preceding twelve (12) months, whichever is higher.
"Index" shall mean the "Consumer Price Index for Urban Wage earners and Clerical
Workers, U.S. City Average, all items (1967=100)" issued by the Bureau of Labor Statistics
of the United States Department of Labor. In the event the Index shall hereafter be
converted to a different standard reference base or otherwise revised, the determination of
the Percentage Increases (defined above) shall be made with the use of such conversion
factor, formula, or table for converting the Index as may be published by the Bureau of
Labor Statistics or, if said Bureau shall not publish the same, then with the use of such
conversion factor, formula or table as may be published by Prentice Hall, Inc., or, failing
such publication, by any other nationally recognized publisher of similar statistical
information. In the event the Index shall cease to be published, then for the purposes of
this lease, there shall be substituted for the Index, such other index as LESSOR shall
determine.
C. For any partial month within the term hereof said rent shall be payable on a
prorated basis. All rents shall be paid when due and interest for late payments shall be as
set by the Prompt Payment Act.
D. In the event that funds cannot be obtained or cannot be continued at a level
sufficient to pay the lease price or the County Attorney's Office acquires adequate office
space in a County -owned or State-owned building, this lease may be terminated by the
LESSEE providing to LESSOR at least six months prior written notice of the termination.
Payment under a multiple year agreement is contingent upon annual appropriation by the
Board of County Commissioners.
E. The cost of build -out required in section 8 below shall be included in the rental
amount set forth in 4.A, above.
County Attorney Lease 2
12t' Street KW Professional Bldg.
F. Computations of those common areas and operating expenses normally passed
through to tenants have been applied to the premises and included in the annual rent of
$118,800. Should the common area and operating expenses demonstrably increase more
than 4% in any year, County shall not withhold approval of any reasonable amendment to
address economic changes.
5. TAXES. The LESSEE is exempt from all taxes, including any sales or use tax,
levied by any government agency.
6. UTILITIES. The LESSOR shall pay all charges for, water, solid waste, and
sewerage, and the LESSEE shall pay for all electrical services used at the Premises during
the lease term.
7. INSURANCE.
A. LESSOR shall obtain and keep in force, insurance coverage insuring against
any loss or damage to the premises caused by fire, windstorm, flood, or other such
hazards, as well as a policy of comprehensive public liability insurance insuring LESSOR and
LESSEE against any and all claims for damages to person or property, or loss of life or of
property, occurring upon, in or about the premises, for any defects, acts or omissions other
than those caused solely by LESSOR, its officers, employees and agents.
B. LESSEE is self -insured and carries excess liability coverage, and is subject to
limited immunity from claims under Section 768.28, F.S. It shall be the exclusive
obligation of LESSEE to insure any and all contents of the leasehold premises and it is
hereby agreed that the LESSOR shall have no liability for loss or damage to the same from
any cause whatsoever.
The LESSEE must keep in full force and effect the required insurance during the term
of this Agreement. If the insurance policies originally purchased which meet the
requirements of this lease are canceled, terminated or reduced in coverage, then the
LESSEE must immediately substitute complying policies so that no gap in coverage occurs.
Copies of current policy certificates shall be filed with the COUNTY whenever acquired or
amended.
8. CONDITION OF PREMISES. LESSOR and LESSEE agree that LESSOR shall,
upon approval by the County Commission of this agreement, prepare the premises for
occupancy by finishing the premises with the following: additional walls as indicated on
Exhibit A, framing and doors as indicated on Exhibit A, an ADA compliant bathroom, a
kitchen sink and cabinet, painting of walls in colors selected by LESSEE, carpeting in color
selected by LESSEE, mini -blinds on exterior windows, switch and outlet plates, and ceiling
tiles. The LESSEE must keep the premises in good order and condition. The LESSEE must
promptly repair damage to the premises. At the end of the term of this Agreement, the
LESSEE must surrender the premises to the LESSOR in the same good order and condition
as the premises were on the commencement of the term, normal wear and tear excepted.
The LESSEE is solely responsible for any improvements , other than those specified herein,
which are placed on the premises. LESSOR shall perform all work required in the
preparation of the property or premises hereby leased for occupancy by LESSEE, said work
being more particularly described in Exhibit A.
LESSEE reserves the right to inspect the leased area and to require whatever
adjustment to structures or improvements as LESSEE reasonably deems necessary and
County Attorney Lease 3
12th Street KW Professional Bldg.
which are consistent with the descriptions and drawing depicted in Exhibit A. Any
adjustments to the premises, including the requests for colors of wall paint and carpeting,
shall only be made in writing as follows: co -signed by (a) either the County Attorney or
Chief Assistant County Attorney and (b) either the Director of Public Works or the Director
of Facilities Maintenance. Notwithstanding the foregoing, LESSEE shall not have the right
to request substantive changes to the improvements as described in Exhibit A if such
changes alter the cost of labor or supplies and materials, or would alter the timing of the
build -out.
9. IMPROVEMENTS. No structure or improvements of any kind shall be placed
upon the land without prior approval in writing by the LESSOR, a building permit issued
by City of Key West and any other agency, federal or state, permits required by law. Any
such structure or improvements shall be constructed in a good and workmanlike manner at
LESSEE's sole cost and expense. Subject to any LESSOR's lien, any structures or
improvements constructed by LESSEE shall be removed by the LESSEE at LESSEE's sole
cost and expense, by midnight on the day of termination of this Agreement or extension
hereof, and the land restored as nearly as practical to its condition at the time this
agreement is executed unless the LESSOR accepts in writing delivery of the premises
together with any structures or improvements constructed by LESSEE. Portable or
temporary advertising signs are prohibited.
10. MAINTENANCE. LESSEE, at LESSEE's expense, shall maintain the interior of
the premises, and shall make all necessary repairs therein, including without limitation,
maintenance and repair of interior walls, windows, and doors. LESSEE shall provide
monthly maintenance to the air conditioning units within the premises. LESSEE shall be
responsible for cleaning the interior of the premises and maintaining all light fixtures in
working order. LESSOR is responsible to maintain and repair the exterior walls and roof of
the building, as well as the electrical wiring, the plumbing system serving the premises,
and the air conditioning water tower equipment.
11. SIGNS. LESSEE may install a sign no larger than 2 feet by 3 feet may be
placed near one of the doors to the common hallway of the building to denote the County
Attorney's Office. LESSOR shall provide a listing in the Building directory for the County
Attorney's Office. LESSEE will not exhibit, inscribe, paint, or affix any sign, advertisement,
notice, or other lettering on any part of the outside of the premises or of the building of
which the leasehold premises are a part, or inside the premises if visible from the outside,
without first obtaining approval from the LESSOR and LESSEE further agrees to maintain
such sign, lettering, etc., as may be approved, in good condition and repair at all times.
12. DESTRUCTION OR DAMAGE,
A. If the premises are, or any part thereof shall be damaged by fire or other
casualty, LESSEE shall give immediate notice thereof to LESSOR and this lease shall
continue in full force and effect except as hereinafter set forth.
B. If the premises are partially damaged or rendered partially unusable by fire or
other casualty insured under the coverage obtained by the LESSOR, the damages thereto
shall be repaired by LRSSOR, to the extent insurance proceeds are available. LESSOR will
make the repairs and restorations with all reasonable expedition, subject to delays due to
adjustment of insurance claims, labor troubles, and causes beyond LESSOR's control. After
any such casualty, LESSEE will cooperate with LESSOR's restoration by removing from the
County Attorney Lease 4
12'' Street KW Professional Bldg.
premises as promptly as possible, all of LESSEE's salvageable inventory and moveable
equipment, furniture and other property.
C. (1) Total Destruction. If the premises are rendered wholly unusable, the
Lease shall terminate immediately upon the date of such disaster, and no rent shall be due
after such date.
(2) Partial Destruction. If the premises be so damaged that the LESSOR shall
decide to demolish it or rebuild it, then, in such events, LESSOR or LESSEE may elect to
terminate this lease by written notice to the other given within such casualty, specifying a
date for the expiration of the lease, which will not be more than 60 days after giving such
notice, and upon the date specified in such notice the term of the lease will expire fully and
completely as if such date were the date set forth above for the termination of this lease.
In such event, LESSEE will forthwith quit, surrender and vacate the premises without
prejudice however to LESSOR's rights and remedies against LESSEE under the lease
provisions in effect prior to such termination, and any rent owing will be paid up to such
date.
D. Nothing contained hereinabove will relieve LESSEE from any liability that may
exist as a result of damage from fire or other casualty. LESSEE acknowledges that LESSOR
will not carry insurance on LESSEE's inventory and/or furnishings or any fixtures or
equipment, improvements, or appurtenances removable by the LESSEE, and agrees the
LESSOR will not be obliged to repair any damage thereto or replace the same. Except as
expressly provided herein to the contrary, this lease shall not terminate nor shall there be
any abatement of rent as a result of a fire or other casualty which is the fault of, or caused
by the LESSEE. LESSEE shall be responsible to insure the improvements and repairs which
LESSEE provides to the premises.
13. EVENTS OF DEFAULT. The occurrence of any of the following shall constitute
an event of default hereunder:
A. Discontinuance by LESSEE of the conduct of its business in the premises, for a
period of thirty days or longer.
B. The filing of a petition by or against LESSEE for adjudication as a bankrupt or
insolvent, or for its reorganization or for the appointment of a receiver or proceedings
under Chapter X and/or Chapter IX of the Federal Bankruptcy Law; an assignment by
LESSEE for the benefit of creditors; or the taking possession of the property of LESSEE by
any governmental officer, court appointed receiver or agency pursuant to statutory
authority for the dissolution or liquidation of LESSEE.
C. Failure of LESSEE to pay when due any installment of rent hereunder or any
other sum herein required to be paid by LESSEE.
D. Abandonment or desertion of the premises or permitting the same to be
empty and unoccupied, for any consecutive period of thirty days or longer.
E. LESSEE's failure to perform any non -monetary covenant or condition of this
lease within ten (10) days after written notice and demand.
F. LESSOR'S failure to comply with any of the terms herein.
County Attorney Lease 5
12th Street KW Professional Bldg.
14. RIGHTS OF LESSOR UPON DEFAULT BY LESSEE.
If the LESSEE is in default as defined in subparagraphs A to D inclusive of Paragraph
13 and if the same is not cured by the LESSEE within five (5) days after written notice to
the LESSEE or if the LESSEE is in default pursuant to the provisions of sub -paragraph E of
Section 13, the LESSOR, in addition to all rights and remedies granted under the laws of
the State of Florida shall have any or all of the following rights:
A. To re-enter and remove all persons and property from the premises, and such
property may be removed and stored in a public warehouse or elsewhere at the cost of and
for the account of LESSEE, all without service of notice or resort to legal process and
without being deemed guilty of trespass, or becoming liable for loss or damage which may
be occasioned thereby; and/or
B. To terminate the lease and re -let the premises for account of the LESSOR or
within the sole discretion of LESSOR the premises may be re -let for the account of the
LESSEE.
C. In the event of LESSOR's termination of this lease for LESSEE's breach
hereunder, in addition to any other remedy otherwise available at law or equity, LESSOR
may recover from LESSEE all damages incurred by reason of such breach, including the
cost of recovering the premises.
15. RIGHTS OF LESSEE UPON DEFAULT BY LESSOR. In the event of
LESSOR's breach of its obligations and duties under this agreement, LESSEE shall give the
LESSOR notice in writing of said breach and allow LESSOR thirty (30) working days to
remedy such defect. In the event that such defect is not cured within the requisite time,
LESSEE may terminate this lease upon giving thirty days written notice to the LESSOR. In
addition to any other remedy otherwise available at law or equity, LESSOR may recover
from LESSEE all damages incurred by reason of such breach, including the cost of
relocating to new premises.
16. ATTORNEY'S FEES AND COSTS. Each party shall be solely responsible for
the costs of its own attorney's fees incurred in connection with the preparation and review
of this lease for execution. If any action at law or in equity shall be brought under this
lease, or for or on account of any breach of, or to enforce or interpret any of the covenants,
terms, or conditions of this lease, or for the recovery of possession of the demised
premises, the prevailing party shall be entitled to recover from the other party, reasonable
attorneys fees and costs, the amount of which shall be fixed by the court and shall be made
a part of any judgment or decree rendered.
17. INDEMNIFICATION. HOLD HARMLESS. Subject to Section 768.28, Florida
Statutes, LESSEE shall indemnify and hold harmless LESSOR against and from any and all
claims arising from LESSEE's use of the premises for the conduct of its business or from
any activity, work, or other thing done, permitted or suffered by the LESSEE in or about the
building, and shall further indemnify and hold harmless LESSOR against and from any and
all claims arising from any breach or default in the performance of any obligation on
LESSEE's part to be performed under the terms of this lease, or arising from any act or
negligence of the LESSEE, or any officer, agent, employee, guest, or invitee of LESSEE, and
from all and against all costs, attorney's fees, expenses and liabilities incurred in or about
any such claim or any action or proceeding brought thereon. LESSEE, as a material part of
County Attorney Lease 6
12th Street KW Professional Bldg.
the consideration to LESSOR, hereby assumes all risk of damage to property or injury to
persons, in, upon or about the premises, from any cause other than LESSOR's negligence,
and LESSEE hereby waives all claims in respect thereof against LESSOR.
18. WAIVER. The failure of either the LESSOR or LESSEE to insist in any one or
more instances upon the strict performance of any one or more of the obligations of this
lease, or to exercise any right or election herein contained, shall not be construed as a
waiver or relinquishment for the future of the performance of such obligations of this lease,
or of the right to exercise such election, but the same shall both continue and remain in full
force and effect with respect to any subsequent breach, act or omission.
19. LIENS. LESSEE further agrees that LESSEE will pay all of LESSEE's
contractors, subcontractors, mechanics, laborers, materialmen and all others, and will
indemnify LESSOR against all legal costs and charges, bond premiums for release of liens,
and counsel fees reasonably incurred in the commencement or defense of any suit by the
LESSOR to discharge any liens, judgments, or encumbrances against the premises caused
or suffered by LESSEE. It is understood and agreed between the parties hereto that the
costs and charges above referred to shall be considered as additional rent due under this
lease, payable upon demand.
The LESSEE herein shall not have any authority to create any liens for labor or
material on the LESSOR's interest in the above -described property, and all persons
contracting with the LESSEE for the doing of work or the furnishing of any materials on or
to the premises, and all materialmen, contractors, mechanics and laborers, are hereby
charged with notice that they must look to the LESSEE only to secure the payment of any
bill for work done or materials furnished during the term of this lease.
20. EFFECT OF LESSEE'S HOLDING OVER. Any holding over after the expiration
of the term of this lease, with the consent of LESSOR, shall be construed to be a tenancy
from month to month, at the same monthly rent as required for the period immediately
prior to the expiration of the lease.
21. PEACEFUL POSSESSION. So long as LESSEE pays all of the rent and
charges due and performs all of LESSEE's other obligations hereunder, LESSEE shall
peaceably and quietly have, hold, and enjoy the premises throughout the term of this
lease, without interference or hindrance by LESSOR.
22, TRANSFER BY LESSOR. In the event of termination of LESSOR's ownership
of the premises by operation of law or by bona fide sale of the premises or for any other
reason, then LESSOR shall be released from all liability and responsibility hereunder. In
such event, LESSOR's successor, by acceptance of rent from LESSEE, shall become liable
and responsible to LESSEE in respect to all such obligations of LESSOR under this lease.
This lease may be assigned by the LESSOR in which case, LESSEE, upon request by
LESSOR, shall issue a letter stating that the lease is in full force and effect and that there
are no setoffs, claims, or other defenses to rent.
23. ASSIGNMENT OR SUBLET BY LESSEE. LESSEE may not assign this Lease in
whole or in part, nor sublet any portion of the premises, without LESSOR's prior written
consent, which consent may be arbitrarily withheld.
County Attorney Lease 7
121h Street KW Professional Bldg.
A. The LESSEE and signatory to this lease, and any subsequent assignees or
subleasees, shall remain liable to LESSOR under the terms of this lease, regardless of the
number of intervening assignments and subleases, without consent to such further
assignments and subleases being required, unless and until LESSOR expressly releases said
LESSEE, assignee or sublesee from liability under this lease, and such liability shall not be
in any way affected or reduced by any modification of the lease between LESSOR and the
occupant assignee, even if such modification is made without the prior LESSEEs' consent.
B. LESSOR's consent to any assignment, subletting, occupation, or use by another
person, shall not be deemed to be a consent to any subsequent assignment, subletting,
occupation, or use by any other person, or a waiver of any right of LESSOR to deny such
consent pursuant to the provisions hereof. Furthermore, LESSEE understands and agrees
that, should LESSOR approve any assignment or sublease, LESSOR shall have the right to
be reimbursed for legally -related expenses in connection
with the review, preparation, and processing of any documents associated with said
assignment/sublease.
24. SUBORDINATION. NON -DISTURBANCE AND ATTORNMENT.
A. Subordination by LESSEE. LESSEE hereby subordinates its rights hereunder to
the lien of any mortgage or mortgages, or the lien resulting from any other method of
financing or refinancing, now or hereafter in force against the premises, and to all advances
made or hereafter to be made upon the security thereof. This shall be self -operative and
no further instrument of subordination shall be required by any mortgagee. However,
LESSEE, upon request of any party in interest, shall execute promptly such instrument or
certificates and irrevocably appoints LESSOR as Attorney -in -Fact for LESSEE, with full
power and authority to execute and deliver, in the name of LESSEE, any such instrument or
certificates.
B. Estoppel Certificate. Within ten (10) days after request by LESSOR, or in the
event that, in connection with any sale, assignment or hypothecation of the premises by
LESSOR, an estoppel certificate shall be required from LESSEE, LESSEE agrees to deliver,
in recordable form, an estoppel certificate to any proposed mortgagee, purchaser, or to
LESSOR, certifying (if such be the case) that this lease is in full force and effect and that
there are no defenses or offsets thereon, or stating those claimed by LESSEE, as long as
those are factual statements when made.
C. Attornment. In the event of a sale or assignment of LESSOR's interest in the
premises, or if the premises comes into the hands of a mortgagee, or any other person,
whether because of a mortgage foreclosure, exercise of a power of sale, or other reason,
LESSEE shall recognize said mortgagee or other person as the same as LESSOR hereunder.
LESSEE shall execute, at LESSOR's request, any attornment agreement required by any
mortgagee, or other such person containing such provisions as such mortgagee or other
person requires.
25. NOTICES. Notices in this Agreement, unless otherwise specified, must be
sent by certified mail to the following:
LESSOR: COUNTY/LESSEE:
12th Street, Ltd. County Attorney
782 NW Lejeune Rd. PO Box 1026
Suite 638 Key West, FL 33041-1026
County Attorney Lease 8
12t' Street KW Professional Bldg.
Miami, FI 33126
And
County Administrator
1100 Simonton Street
Key West, FL 33040
26. NON-DISCRIMINATION. The LESSEE for itself, its personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree that no person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of premises or in the contracting for improvements to the
premises.
27. GOVERNING LAWS/VENUE/WAIVER OF JURY TRIAL. This Agreement is
governed by the laws of the State of Florida and the United States. Venue for any dispute
arising under this Agreement must be in Monroe County, Florida. In the event of any
litigation, the prevailing party is entitled to a reasonable attorneys fee and costs. LESSOR
and LESSEE hereby knowingly, voluntarily and intentionally waive the right to a trial by jury
in respect to any litigation based hereon, or arising out of, under or in connection with this
lease, this waiver being a material inducement for LESSEE to enter into the lease
28. INCONSISTENCY. Any item, condition or obligation of this Agreement that is
in conflict with the items listed in this paragraph is superseded to the extent of the conflict.
29. CONSTRUCTION. This Agreement has been carefully reviewed by the LESSOR
and the LESSEE. Therefore, this Agreement is not to be construed against any party on the
basis of authorship.
30. FULL UNDERSTANDING. This Agreement is the parties' final mutual
understanding. It replaces any earlier agreements or understandings, whether written or
oral. This Agreement cannot be modified or replaced except by another written and signed
agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative.
(SEAL) 121" STREET LTD.
ATTEST:
By -
Title
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
County Attorney Lease
12* Street KW Professional Bldg.
By _
Title
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
MONROE COUNTY ATTORNEY
9 APP.ROVED AS
C; V SUZANNECHUTTON
/ ATT RNEY
Date
Mayor/Chairman
EXHIBIT A
The attached drawing depicts the general nature of the build -out, which shall
include all work necessary to provide an office suite ready to move in, and
specifically includes:
finishing doorways with wood frames, installing doors to offices (County to supply
locking handles), installing drywall to create the additional 3 office spaces and
bathrooms denoted on the attached drawing, completing air-conditioning ductwork,
running channels for the County to install computer and phone connection lines,
installation of standard lighting, two bathrooms of which at least one shall be ADA
compliant, a kitchen floor cabinet with sink, plumbing as necessary for the
bathrooms and kitchen sink, installation of carpeting, and painting of walls.
County shall be responsible for its technology lines and bookcases.
County Attorney Lease 10
121h Street KW Professional Bldg.