1st Amendment & Extension 02/18/2015 Y
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-' 0 � AMY HEAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: February 26, 2015
TO: Kevin Wilson
Director of Engineering
ATTN: Trish Smith
FROM: Lindsey Ballard, D. C
At the February 18, 2015 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item C24 a Lease Amendment and Extension Agreement for the office space the
county leases in Key West for the office of the Public Defender.
Enclosed is a duplicate original executed on behalf of Monroe County, for your handling. Should you
have any questions, please feel free to contact me.
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
LEASE AMENDMENT AND EXTENSION AGREEMENT
THIS AGREEMENT made and entered into at Key West, Monroe County, Florida, this 18th day of February, 2015,
by and between STROMBUS CORPORATION, a Florida corporation, hereinafter referred to as "Landlord "; and MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS on behalf of PUBLIC DEFENDER, hereinafter referred to as
"Tenant ".
WHEREAS, Landlord and Tenant entered into a 5 year Lease Agreement (hereafter Original Agreement) on the 16
day of March 2011; and
WHEREAS, Tenant has requested that the term of the Original Agreement be extended for an additional three years;
and
WHEREAS, Landlord has agreed to extend the term of the lease and the parties have both agreed to include
additional changes in the terms of the Original Agreement; and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial; now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows:
1. Paragraph 2 of the Original Agreement is amended to read:
2. TERM — ORIGINAL. The term of this Lease Amendment and Agreement shall be Four (4)
years commencing on April 1, 2015 and terminating on March 31, 2019, subject to early termination
provisions of this agreement.
2. Paragraph 3 of the Original Agreement is amended to read:
3. RENT. The annual rent for the lease term shall be as set forth on the Summary Page except as
modified herein. Said rent shall be payable in arrears upon receipt of a proper invoice pursuant to the
Florida Prompt Payment Act, Sections 218.70, Florida Statutes, et. seq.
Beginning with the April 1 2015 anniversary date, 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 three
percent (3 %).
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.
In the event that funds cannot be obtained or cannot be continued at a level sufficient to pay the lease price
or the Public Defender's office acquires adequate office space in a County-owned or State -owned building,
this lease may be terminated without penalty by the Tenant providing to Landlord at least nine (9) months
prior written notice of the termination. NO rental shall accrue and neither party shall have any further
obligations under the terms of the lease after the effective date of the notice. Payment under a multiple year
agreement is contingent upon annual appropriation by the Board of County Commissioners.
801 Eisenhower - 1 -
Key West, Monroe County, FL
1 < . ' .
3. The following language is appended to the Original Agreement and incorporated as paragraph 34 and shall
read as follows:
34. TERMINATION FOR CONVENIENCE. Following the April 1 2017 anniversary date either
party may terminate this Agreement for convenience upon providing the other party 9 months written
notice. Neither party shall have any further obligations under the terms of the lease after the effective date
of the notice.
Except as set forth in sections one, two and three of this Lease Amendment and Extension Agreement, in all other
respects, the terms and conditions of the original agreement dated March 16, 2011 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.
Signed, sealed and delivered
In the presence of: "LANDLORD"
STROMBUS CORPORATION
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Witness as to Landlord
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801 Eisenhower - 2 -
Key West, Monroe County, FL
il_ BOARD OF COUNTY COMMISSIONERS
County of Monroe
Mayor Danny L. Kolhage, District 1
µ Mayor Pro Tem Heather Carruthers, District 3
George Neugent, District 2
C Florida Keys David Rice, District 4
Sylvia J. Murphy, District 5
Robert B. Shillinger, County Attorney ** Office of the County Attorney
Pedro J. Mercado, Assistant County Attorney ** 1111 12 Street, Suite 408
Natileene W. Cassel, Assistant County Attorney ** Key West, FL 33040
Cynthia L. Hall, Assistant County Attorney * * (305) 292 -3470 — Phone
Christine Limbert - Barrows, Assistant County Attorney ** (305) 292 -3516 — Fax
Derek V. Howard, Assistant County Attorney **
Lisa Granger, Assistant County Attorney
Steven T. Williams, Assistant County Attorney
Peter IL Morris, Assistant County Attorney
Chris Ambrosio, Assistant County Attorney
** Board Certified in City, County & Local Govt. Law
MEMORANDUM 1),fr,
TO: Lindsey Ballard, Deputy Clerk
FROM: Kathy M. Peters, CP, County Attorney's Office
RE: AGENDA ITEM C -24: BOCC Meeting 2/18/15
DATE: February 19, 2015
Enclosed please find the documents received by this office for transmittal to the Clerk for processing
that correlate with the above - referenced agenda items approved by the Monroe County Board of
County Commissioners on February 18, 2015.
C. BULK APPROVALS — CONTINUED
24. Approval of a Lease Amendment and Extension Agreement for the office space the county leases
in Key West for the office of the Public Defender.
KMP:
Enclosures
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If RECEIVED
FEB 19 2015
MONROE COUNTY ATTORNEY
February 18, 2015 BOCC — Approvals
PUBLIC FACILITIES MAINTENANCE — ALICE STERYOU
DESCRIPTION __
COPIES 1 - _
L 4 each Lease Amend and Extension A eement - Public Defender -S ! • u 8 ' ' Item C -24 ' '
4 each Sheriff Rick Ramsey -MNGC: Lease — ors-, • to " • . ' -t. . ,t...-k--, < 7 Li
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