Item P8C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
June 20, 2018
Agenda Item Number: P.8
Agenda Item Summary #4299
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Patricia Eables (305) 292 -3477
N/A
AGENDA ITEM WORDING: Approval of Seventh Amendment to the Proplaza, LLC, Lease
Agreement extending the lease for the County Attorney's office space for five (5) years to August
31, 2023, and providing for a 3% annual rent adjustment.
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 4408 of the office building located at 1111 12 Street in Key West until office space could be
made available in a County building. The Lease was renewed annually until July 15, 2015, when the
lease term was extended for three (3) years and an annual rent increase of 3% was fixed. Alternate
space in a County building is not expected to be available prior to the expiration of the current lease
on August 31, 2018. This Seventh Amendment to Lease Agreement extends the existing lease term
for an additional five (5) years with a termination date of August 31, 2023, and maintains the annual
rent increase at a fixed 3 %. The provision whereby the County may terminate the agreement with
six (6) months' notice should County -owned or State -owned office space becomes available is still
maintained in the Lease.
The current rent is $170,828.96 per year. Under the proposed amendment, the annual rent will
increase to $175,953.83/year and $14,662.82/month effective 9/1/18; $181,232.44/year and
$15,102.70 /month effective 9/1/19; $186,669.41/year and $15,555.78 /month effective 9/l/20;
$192,269.49/year and $16,022.46 /month effective 9 -1 -21; and $198,037.58/year and
$16,503.13 /month effective 9 -1 -22. For the five year period, the total rent would be $934,162.75.
PREVIOUS RELEVANT BOCC ACTION:
7/15/15 BOCC approved Sixth Amendment to Lease Agreement (3 year extension and fixed 3%
annual rental increase)
8/20/14 BOCC approved Fifth Amendment to Lease Agreement (reflecting change in ownership)
6/11/14 BOCC approved Fourth Amendment to Lease Agreement (1 year extension)
5/15/13 BOCC approved Third Amendment to Lease Agreement (1 year extension)
4/18/12 BOCC approved Second Amendment to Lease Agreement (1 year extension)
4/20/11 BOCC approved Amendment to Lease Agreement (1 year extension)
7/18/07 BOCC approved Lease Agreement
CONTRACT /AGREEMENT CHANGES:
Extends Lease for additional five (5) years to 8 -31 -23 and annual rent adjustment of 3% .
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Seventh Amendment to Lease Agreement (executed)
6th Lease Amendment proplaza Ile (expires August 2018)
5th Amendment 08202014 (Lessor change of ownership)
4th Amendment 05162014
3rd Amendment 05152013
2nd Amendment 04182012
1 st Amendment 04202011
12th street limited lease agreement 2007
FINANCIAL IMPACT:
Effective Date: September 1, 2018
Expiration Date: August 31, 2023
Total Dollar Value of Contract: $934,162.75 for five (5) years
Total Cost to County: $934,162.75
Current Year Portion: $14,662.82
Budgeted: Yes
Source of Funds: 001 - 67501 - 530440
CPI: 3%
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: None
Revenue Producing: No If yes, amount:
Grant: N/A
County Match:
Insurance Required:
Additional Details: Total annual rental amount of $175,953.83 effective 9 -1 -18; $181,232.44
effective 9 -1 -19; $$186,669.41 effective 9 -1 -20; $192,269.49 effective 9 -1 -21; and $198,037.58
effective 9 -1 -22, until termination on 8- 31 -23.
09/01/18 001 -67501 - COUNTY ATTORNEY GENERAL $543,855.68
REVIEWED BY:
Bob Shillinger
Patricia Eables
Budget and Finance
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
06/04/2018 7:55 PM
Completed
06/05/2018 10:06 AM
Completed
06/05/2018 10:52 AM
Completed
06/05/2018 11:05 AM
Completed
06/05/2018 11:45 AM
Pending
06/20/2018 9:00 AM
SEVENTH AMENDMENT TO LEASE AGREEMENT
THIS SEVENTH AMENDMENT (hereafter "Amendment ") is made and entered into
this 20th day of June, 2018, by and between Monroe County, a political subdivision of the State
of Florida, whose address is 1100 Simonton Street, Key West, FL 33040 (hereinafter
"COUNTY" or "LESSEE "), and Proplaza, LLC., a Florida Limited Liability corporation, whose
address is 1111 12` Street, Suite 212, Key West, FL 33040 (hereinafter "OWNER" or
"LESSOR ").
WHEREAS, on July 18, 2007, the parties entered into a lease for office space situated at
1111 12 "' Street, Suite 408, Key West, Florida 33040, expiring August 3I, 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 term
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, on June 11, 2014, the parties agreed to extend the lease for a one -year term
expiring August 31, 2015; and
WHEREAS, on August 20, 2014, the lease was amended to reflect the change in the
underlying ownership of the leased property from 12' Street, LTD. to Proplaza, LLC; and
WHEREAS, the lease dated July 18, 2007, provides that the lease agreement may be
extended in one -year intervals; and
WHEREAS, LESSEE has offered, and LESSOR has agreed, to renew the lease for a five
(5) year term in exchange for setting the annual rental increase at a fixed 3 %;
NOW THEREFORE, IN CONSIDERATION of the mutual promises and consideration
contained herein, the parties agree:
Section 1. Paragraph 2 of the original agreement is amended to read:
2. TERM. The term of the Renewal shall be for five (5) years commencing on
September 1, 2018, and terminating on August 31, 2023, unless terminated earlier under
another paragraph of this agreement.
Section 2. Paragraph 4A. of the original Lease Agreement is amended to read:
4. RENT.
Page 1 of 2
Amendment to CAY Office Space Lease
BOCC 6/20/18
A. Commencing on September 1, 2018, for use of the premises the LESSEE must pay
LESSOR the sum of $175,953.83 per year due in monthly installments payable in arrears
upon receipt of a proper invoice pursuant to the Florida Payment Act, Section 218.70, et
seq., Florida Statutes. Rent Payments should be sent to:
Proplaza, LLC
I8 Allamanda Terrace
Key West, Florida 33040 -6203
S ection 3. Paragraph 4B. of the original Lease Agreement is amended to read:
4. RENT.
B. On the 1" day of September, 2019, and annually thereafter, there shall be an
adjustment to the base rent which shall be derived by tatting the preceding year's rent and
increasing the same by 3%.
Except as set forth in Sections one, two, and three of this Seventh Amendment to Lease Agreement,
in all other respects, the original Lease Agreement dated July 18, 2007, and as amended on April
20, 2011, April 18, 2012. May 15, 2013, June 11, 2014, August 20, 2014, and July 15, 2015, 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.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
Date
By
(CORPORATE SEAL)
ATTEST:
By
Witness
Date
7m Amendmeni to CAY OMce Space Lease
BOCC 6r20/18
Mayor
PROPLAZA LLC.
Florida Limited Liability Company
By . z
Dr. Robin Lockwood, Manager
MONROE COUNTY ATTORNEM OFFICE
Page 2 of 2 p ROV®As m�
PAIRICIA E4t3M
ASSISTANT OO AITORMEY
CATS , !a
DATE: July] 7, 2015
Bob Shillinger,
County Attorney
ATTN.- Kathy Peters
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CLERK OF CIRCUIT C
MO r O O FL ORIDA
Cheryl Robertson Executive Aide to the Clerk of Courts & Comptroller
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At - J 15 2015 Board of County Commissioner , the Board d *# approval anil', W
aut horized 1 of l S2 Approval of d - 4 the Proplaza - i
extending the l ease - ?I .... - for the Count Atto O ffi c e t y Au Co
31,201
Enclosed is a duplicate original of the above- mentioned for your handling. Should you have any
questions, please feel free to contact my office.
C
(electr Finance ! I
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Overseas r r Marath f t e 305-289-6027 I r: 305-289-60
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax 305-852-7146
WHEREAS, on July 18, 2007 the parties entered into a lease for office space situated at
1111 12 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 term
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, on May 20, 2014, the parties agreed to extend the lease for a one -year term
expiring August 31, 2015; and
WHEREAS, on August 20, 2014, the lease was amended to reflect the change in the
underlying ownership of the leased property from 12 Street, LTD. to Proplaza, LLQ and
WHEREAS, the lease dated July 18, 2007 provides that the lease agreement may be
extended in one -year intervals; and
WHEREAS, LESSOR has provided LESSEE with an updated mailing address for receipt
of rental payments; and
WHEREAS, LESSEE has offered, and LESSOR has agreed to, renew the lease for a 3
year term in exchange for setting the annual rental increase at a fixed 3 %; now therefore
IN CONSIDERATION of the mutual promises and consideration contained herein, the
parties agree:
Section 1. Paragraph 2 of the original agreement is amended to read:
2. TE RM. The term of the Renewal shall be for 3 years commencing on
September 1, 2015 and terminating on August 31, 2018, unless terminated earlier
under another paragraph of this agreement.
Page 1 of 3
6' Amend to CAY Office Space Lease (kp)
BOCC 7/15115
A. Commencing on September 1, 2015, for use of the premises the LESSEE must pay
LESSOR the sum of $161,022.68 per year due in monthly installments payable in
arrears upon receipt of a proper invoice pursuant to the Florida Payment Act,
Section 218.70, Florida Statutes, et. seq. Rent Payments should be sent to:
18 Allamanda Terrace
Key West, Florida 33040 -6203
Secti . Paragraph 4B, of the original agreement is amended to read:
4. RENT.
B. On the 1 st day of September, 2016 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 3 %.
Except as set forth in Sections one, two and three of this Sixth Amendment and
Lease Renewal Agreement, in all other respects, the original lease agreement dated
July 18, 2007 and the additional one -year lease extensions dated April 20, 2011,
April 18, 2012, May 15, 2013 and May 28, 2014, as amended August 20, 2014, not
inconsistent herewith, shall remain in full force and effect.
Sectio Paragraph 25 of the original agreement amended to read:
25. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent
by certified mail to the following:
Dr. Robin Lockwood
dba Proplaza, LLC
18 Allamanda Terrace
Key West, Fl. 33040 -6203
County Attorney
PO Box 1026
Key West, Fl. 33040
And
County Administrator
1100 Simonton Street
Key West, Fl. 33040
6 d ' Amend to CAY Office Space Lease (kp)
BOCC 7115/15
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by i
duly authorized representative. i
BOARD OF COUNTY COMMISSIONERS
HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
AOLLM By
Clerk Mayor Dann�r
Twvr' ' #��
*,TTEST:
Witness
Date
6 to CAY Office Space Lease (kp)
BOCC 7115115
PROPLAZA LLC.
Florida Limited Liability Company
Dr. Robin Lockwood, Manager
AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT 8 COMPTROLLER
riarW cam, Roxron
DATE: August 27, 2014
TO: Bob Shillinger,
County Attorney
ATTN. Kathy Peters
FROM: Lindsey Ballard, D. Cv
At the August 20, 2014, Board of County Commissioner's meeting the Board granted approval
and authorized execution of Item M2 Fifth Amendment to the Proplaza LLC. lease to reflect a change in
ownership.
Enclosed are two (2) duplicate originals of the above - mentioned for your handling. Should you
have any questions, please feel free to contact my office.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 - 295 -3130 Fax. 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax. 305 - 852 -7146
FIFTH AMENDENT TO LEASE AGREEMENT
PROPLAZA, LLC.
THIS FIFTH AMENDMENT (hereafter Amendment) is made and entered into this 20 day
of August, 2014, by and between Monroe County, a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, FL 33040 (hereinafter "COUNTY" or
"LESSEE "), and Proplaza, LLC., a Florida Limited Liability corporation, whose address is 1111
12 Street, Suite 212, Key West, FL 33040 (hereinafter "OWNER" or "LESSOR ").
WHEREAS, on the 18 day of July 2007, the COUNTY entered in to a 4 year lease
(hereinafter Original Lease) with a termination date of August 31 2011 with the LESSOR's
predecessor in interest; and
WHEREAS, the County and the LESSOR's predecessor in interest entered into one year
lease extensions dated April 20, 2011, April 18, 2012, May 15, 2013 and June 11, 2014; and
WHEREAS, LESSOR's predecessor in interest transferred all rights, title, interest and
obligations to the leasehold by means of a Warranty Deed dated July 1 st, 2014 attached hereto as
Exhibit A. and made a part hereof; and
WHEREAS, LESSOR's predecessor in interest operated under the business name of 12
Street, LTD., and LESSOR will be operating under the business name of Proplaza LLC.; and
WHEREAS, the parties desire to update the lease to reflect the change in the underlying
ownership of the leased property, now, therefore,
IN CONSIDERATION of the premises and of the mutual covenants and agreements herein
contained, and other valuable considerations, the parties agree as follows:
SECTION 1. Article 4. RENT subparagraph A. of the original lease is amended to read as
follows:
A. For the use of the premises, the LESSEE must pay the LESSOR the sum of
$150,319.92 per year, due in monthly installments payable in arrears upon receipt of a
proper invoice pursuant to the Florida Prompt Act, Section 218.70, Florida Statutes, et seq.
Rent Payments should be sent to:
Proplaza, LLC.
1111 12 Street, Suite 212
Key West, Fl. 33040
SECTION 2. Article 25. NOTICES is amended to read as follows:
Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the
following:
LESSOR
Proplaza, LLC
1111 12th Street, Suite 212
Key West, Fl. 33040
COUNTY /LESSEE:
County Attorney
PO Box 1026
Key West, Fl. 33040
p „
County Administrator
1100 Simonton Street
Key West, Fl. 33040
SECTION 3. In all other respects, the original agreement dated July 18, 2007 and the lease
extensions dated April 20, 2011, April 18, 2012, May 15, 2013 and May 28, 2014 not inconsistent
herewith, shall remain in full force and effect.
IN WITNESS WHEREOF each party hereto has caused this agreement to be executed in
to by its duly authorized representative.
HEAVILIN, CLERK
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Y"f 1 S
Deputy Clerk
Date AltgtkJI AV"', -?-Dly
(COR
AYES HERNANDEZ
ATTE .Y Commission # EE 223737 —
E)#res August 9,2016
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
i
PROPLAZA LLC.
Florida Limited Liability Company
ByT Vj By --6 P-- V� /nl�
W Dr. Robin Lockwood, Manager
Date / - 3 ' 1 ROE C E:X d8Ajb FORM EY
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2 PED J. MERCADO
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Filed 8 Recorded in Official Records of
MONROE COUNTY AMY HEAVILIN
07/17/2014 2:08PM
DEED DOC STAMP CL: MT
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EXHIBIT
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9
DocN 1990301
BkN 2694 PMtt 1229
State of Florida
County ofilr[eeeae t7WaAw!- c7cc�.�Q_
The foregoing instrument was acknowledged before me this 1 day of July, 2014 by Roberto Sanchez, as General Partner
of 12th Stmt, Ltd., ad Florida limited Partnership he U is personally known to me or [X] has produced a driver's license as
identification.
[Notary Sew]
a s �� hN•4 PHYLLIS A Notary Public Flo My Comm. Exp3.2017 Commission 2744 8001M Through Nary Assn.
W=7aaW And - Pop 2
Notary Public
Printed Name: L1 (�i S A - n n l y�
CLrC r 1
My Commission &pin= - `l
Signed, sealed and delivered in our presence:
Doa 1990501
Bk# 2694 P9H 1230
EIS =IT "A"
LEGAL DESCRIPTION
Unit 407, Key West Professional Plaza, a Condominium, according to the Declaration of Condominium
thereof and exhibits attached thereto as recorded in Official Records Book 921, at Page 654, of the Public
Records of Monroe County, Florida, and any amendments thereto, together with all appurtenances
thereto, including and undivided interest in the common elements thereto.
MONROE COUNTY
OFFICIAL RECORDS
AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MME E COMM, RAM
DATE: August 6, 2014
TO: Bob Shillinger,
County Attorney
ATTN. • Kathy Peters
FROM: Lindsey Ballard, D.C."
At the May 21, 2014, Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item N3 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
Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any
questions, please feel free to contact my office.
cc: County Attorney (electronic copy)
Finance (electronic copy)
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax. 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax. 305- 852 -7146
FOURTH AMENDMENT TO LEASE AGREEMENT
THIS FOURTH AMENDMENT TO LEASE AGREEMENT is made and entered into this
Z day of 2014, by 12 STREET, LTD. (LESSOR), a profit corporation
incorporated in the S to of Florida, whose 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 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
12` 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 term
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: _ 1271 E LTD.
1 a ti
HEAVILIN, CLERK
ra
BOARD OF COUNTY C014IIVILSSIONERS
OF MONROE CO FLORIDA
By:
NAAYOR
•
AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: May 22, 2013
TO: Bob Shillinger
County Attorney
ATTN. Kathy Peters
/
FROM: Pamela G. Hanca . C.
At the May 15, 2013, Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item R4 Third Amendment to Lease Agreement extending the lease for office
space for the County Attorney's Office for one (1) year to expire August 31, 2014.
Enclosed is a copy of the above - mentioned for your handling. Should you have any questions,
please feel free to contact our office.
cc: Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 -295 -3130 Fax: 305 -295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305- 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT is made and entered into this 2 j
day of 6w1 2013, by 12 STREET, LTD. (LESSOR), a profit corporation incorporated
in the State f Florida, whose 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 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
12 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, the lease dated July 18, 2007 provides that it may be extended in one -year
intervals; now therefore
WHEREAS, the lease dated April 4, 2012, the parties agreed to extend the lease for a one -year
term expiring August 31, 2013.
agree: IN CONSIDERATION of the mutual promises and consideration contained herein, the parties
1. The lease agreement entered into July 18, 2007, is hereby extended for an additional one-
year term to expire August 31, 2014.
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 ement to be executed by its duly
authorized representative.
WITNESS:
(SEAL)
ATTEST:
AMY HEAVILIN, CLERK
By
Deputy Clerk eS /� �/2�► 3
12 `%STREETALTD.
By:
_o
C CV
BOARD OF COUNTY COMMIS3I3NE4
OF MONROE COUNTY, FLOR!pA N
B // o
MAYOR 'M
MM ROE
APPRO OF
ROBERT B. SHILLWoER, JR
SECOND AMENDMENT TO LEASE AGREEMENT
THIS AS ND NDMENT TO LEASE AGREEMENT is made and entered into this
day of 2012, by 12 STREET, LTD. (LESSOR), a profit corporation
incorporated in t e State of Florida, whose 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 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
12 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, 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, 2013.
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
12 S
to be executed by its duly
, LTD.
By:
(SEAL)
ATTEST:
DANNY L. KOLHAGE, CLERK
By.
Deputy Clerk _ April 18,
2012
Title: C�L
LX ode 0 50,A CA� -z_
0
BOARD OF COUNTY COMMI EI4
OF MONROE COUNTY, FLORIDA o
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By. _ za
MAYOR - o
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Cf /S /z
DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DA TE: April 26, 2011
TO: Suzanne A. Hutton
County Attorney
ATTN: Kathy M. Peters
Executive Assistant
FROM: Isabel C. DeSantis, D. C.
At the April 20, 2011, Board of County Commissioner's meeting, the Board approved the
following:
Item Q2 Amendment to the Lease Agreement extending the lease for office space
for the County Attorney's Office for one (1) year to expire August 31, 2012.
Enclosed is a copy of the above - mentioned for your handling. Should you have any
questions, please feel free to contact this office.
cc: Finance
File
AMENDMENT TO LEASE AGREEMENT
This Amendment to Lease Agreement is made and entered this � day of ,
2011, by 12TH STREET, LTD. (LESSOR), a profit corporation incor porated in the S�
P � rP f
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, the parties entered into a lease for office space situated at 1111 12th
Street, Suite 408, Key West, Florida 33040; and
WHEREAS, the term of the lease expires August 31, 2011; and
WHEREAS, the COUNTY continues to requires office space for the County Attorney's
Office; 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 extended for one year to
August 31, 2012.
2. All other terms of the lease agreement entered 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.
(SEAL)
ATTEST:
By
12' STREET L`rD.
By
t, _
G?j4 - 6
KOLHAGE, CLERK
77. - d uty - , Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE OUNTY, FLORIDA
By
V ayor/Chairrnan
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Mayor Mario DiGennaro, DisMct 4
Mayor Pro Tern Dbde M. Spehar, DWct 1
Chides "Sonny" McCoy, District 3
George Neuge% District 2
Syivla Murphy, DisWct 5
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(305) 292 -3470
August 2, 2007
Mr. Roberto Sanchez, General Partner
12 STREET, LTD.
782 N. W. Lejeune Road, Suite 638
Man* FL 33126
Re: Lease Agreement
Dear Mr. Sanchez:
a
Enclosed please find a copy of the fully executed Lease Agreement approved by the
Monroe County Board of County Commissioners on 7/18/07 (Item #N -9) to relocate the
County Attorney's Office to the Key West Professional Building. This copy is for your records.
Sincerely,
Kathy Pet for:
SUZANNE A HUTTON
County Attorney
KMP/
Enclosures: One (1) copy fully executed Lease Agreement
This Agreement Is made and entered THIS g6 day of July, 2007, by 12TH STREET,
LTD. (LESSOR), a proflt corporation incorporated in the State of Florida, whose address is
762 NW Lejeune Rd., Suite 636, 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 406,
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. I'll 4 LESSOR leases exclusively to the COUNTY the Suite 406 of the e
building known as the Key West Professional Building located at 1111 12 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.
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 terns 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
12* Stmt KW Professiortal SkIg.
Packet Pg. 16 0
P.8.h
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 dose off common areas from time to time for repairs and maintenance and
other reasonable purposes.
4. Mm
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 BOAC 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 ) 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 '1i`ltage 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 Hail, 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 feast 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 bulid -out required In section 8 below shall be included in the rental
amount set forth in 4.A, above.
County Attorney Lease 2
le Street KW Professional 81ck§. /I
This Agreement is made and entered THIS le 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 oMce 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. _ LESSOR leases exclusively to the COUNTY the Suite 408 of the e
building known as the Key West Professional Building located at 11ii 120 Street, Key
West, Fl. 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. 118ffl 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.
operation of the County Attorney's
the LESSOR shall have the option of
not permit any use of the premises
any of the LESSOR's duties as an
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 Lem
12'x' Street KW Professiorml Bldg..
6
Packet Pg. 1692
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.
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 bulld -out required In section 8 below shall be Included in the rental
amount set forth in 4.A, above.
County Attorney Lem 2
Ir Street KW Professional Bldg.
I/
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.
S. IM&S. 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. COJIDMON 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, mint - 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 wont
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
Cowaty Attorney Lease 3
12 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. IM_EMENTS. 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. MAIN33NAUGE,, 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. 231GINS. 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 LESSOWs control. After
any such casualty, LESSEE will cooperate with LESSOR's restoration by removing
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 LESSOWs 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. UXN3M OF. IRMEAULL, 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
12" 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. In the event of
LESSOWs 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 CQM. 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. Ill RIIMNZEIG&MM tJQLQ JJAMLM 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 Lem 6
12" Street KW Professional Bldg. /I
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. IOLAI)JER 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. LUML LESSEE further agrees that LESSEE will pay all of LESSEE's
contcto
rars, 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 materiaimen, 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 QVLR. 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. pEACE� 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. &WQ11MEMT 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
12 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 subiesee 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. SUBORRINAnON. NON- DISTURBA_N_CE AND ATTORNMENT,
A. 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
certiflcates.
B. Estonrsel 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. AUoroment. 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. 114?3CE2 Notices In this Agreement, unless otherwise specified, must be
sent by certified mall to the following:
COUN WL SSEE:
12th Street, Ltd. County Attorney
782 NW Lejeune Rd. PO Box 1026
Suite 638 Key West, FL 33041 -1026
County Attorney Lease 8
12''' Street KW Professional Bldg.
Miami, FI 33126
And
County Administrator
1100 Simonton Street
Key West, FL 33040
26. LYON QISCRYNINATION. 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. 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 attorney's 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. CQNSTRUCr1QN,, 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. ULL U0911RUM21 O, This Agreement is the parties' final mutual
understanding. it replaces any earner 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 cau s Agre ment to be executed b Its
duly authorized representative.
(SEAL)
ATTEST:
A Y L. KOLHAGE, CLERK
Clerk
County Attorney Lease
12'' street Kw Professional 8*.
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BOARD OF COUNTY COM��N&
OF MONROE COUNTY, FL
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MONROE COUNTY ATTOi r /Cftlrman
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COUN A ILD RNEY
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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 Le me 10
12"' Street KW Professional 81cfg.
SE LEASE Afi8FRMFN
THIS SE NDA WMENT TO LEASE AGREEMENT is made and entered into this
day of . 2012, by 12 ' STRF.F.T, LTD. (I.F.SSOR). a profit corporation
mcorponttcd an t State of Florida. whose address is 1680 Michigan Avenue; Suite 914. ;Miami, FL
33139. and the HOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a
political subdivision of the State of Florida. whose address is l 100 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 1 I I
12 Street. Suite 408. Key West, Florida 33040 expiring August 31. 2011; and
WHEREAS, on April 20, 2011, the parties agreed to extend the lease fur u one -year tern
expiring August 31.2012; and
WHEREAS, the lease dated July 18. 2007 provides that it may be extendod in one-year
intervals; now therefore
IN CONSIDERATION of the mutual promises and consideration contained herein. the parties,
agree-
The leave: agreement entered into July 18. 2007. is hereby cxtcndcd for an additional one -
year term to expire August 31. 2013.
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 Agree t to be executed by its duly
authori rescntative.
7tt /
12 STRF.E7, LTD.
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Of
Title• �c
(SEAL)
ATTEST: B
DANNY L. KOLHAGE, CLERK MAVOR
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
"
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUAEVIARY
Meeting Date: 4/18/12 - KW Division: County Attorney
Bulk Item: Yes X No
Staff Contact Person: Suzanne Hutton. 292 -3470
AGENDA ITEM WORDING: Approval of Second Amendment to Lease Agreement extending the
lease for office space for the County Attorney's Office for one (1) year to expire August 31, 2013.
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 12' 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, 2012. This Second 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)
CONTRACT /AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $144.538.20 per Year *
INDIRECT COST:
BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: $144.538.20 per year *
* Per lease agreement, base rent adjusts annually on the 1" 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 $11,581.60 per month/$138,979.20 annual.
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05