Item C28 C.28
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
April 17, 2019
Agenda Item Number: C28
Agenda Item Summary #5406
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
None
AGENDA ITEM WORDING: Approval of a first amendment to commercial lease with Oxford
Business III Corporation for a two (2) year lease extension for the Supervisor of Elections office at
100th Street in Marathon.
ITEM BACKGROUND: The Supervisor of Elections requested a two (2) year extension of the
lease in order to avoid having to move or renew the lease during a Presidential election year, i.e.,
2020. The base rent under the Lease is also being adjusted pursuant to the terms of the Lease by
3.25% which increases the base rent from $2,902.71 to $2,997.05 per month. Pursuant to paragraph
2 of the Lease, the annual cost for maintenance, taxes, utilities, etc. is subject to adjustment as well.
The new prorata share of the annual costs for the noted expenses will also increase and the amount is
$1,333.31 per month for a new total monthly rental amount of $4,330.36. The Lease is also being
amended to update the nondiscrimination language in paragraph 39 to provide updated language
pursuant to County ordinances and/or Florida Statutes. The Lessor has a new principal address of
2727 Ponce de Leon, Coral Gables, Florida 33134, and a new address for purposes of notices as
provided in paragraph 31 and this Amendment updates both addresses. Lessor and Lessee have
agreed to all the proposed changes.
PREVIOUS RELEVANT BOCC ACTION:
May 21, 2014 BOCC approved a five (5) year Commercial Lease with Oxford Business III
Corporation with five (5) optional (1) one year renewals for space in Marathon for
the Supervisor of Elections' office with an annual adjustment in the base rent by
the greater of either the C.P.LU. for the previous twelve months ending December
3 1" or by a 3.25%increase on the anniversary date of the Lease.
CONTRACT/AGREEMENT CHANGES:
First Amendment- 2 year Lease extension, rental increase, &update nondiscrimination language.
STAFF RECOMMENDATION: Approval
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C.28
DOCUMENTATION:
Supervisor of Elections Lease in Marathon
First Amendment to Commercial lease (Revised Final executed and stamped 4-3-19)
FINANCIAL IMPACT:
Effective Date: June 01, 2019
Expiration Date: May 31, 2021
Total Dollar Value of Contract: $4,330.36/month
Total Cost to County: $103,928.64
Current Year Portion: $17,321.44
Budgeted: yes
Source of Funds: Supervisor of Elections
CPI: yes
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: no If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: yes
Additional Details:
Lease Extension on behalf of the Supervisor of Elections at 100th Street, Marathon, and monthly
rent increase.
REVIEWED BY:
Patricia Eables Completed 04/02/2019 5:00 PM
Kevin Wilson Completed 04/02/2019 6:38 PM
William DeSantis Completed 04/02/2019 6:40 PM
Budget and Finance Completed 04/03/2019 7:14 AM
Maria Slavik Completed 04/03/2019 7:38 AM
Kathy Peters Completed 04/03/2019 8:42 AM
Board of County Commissioners Pending 04/17/2019 9:00 AM
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COMMERCIAL LEASE .2
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THIS AGREEMENT OF LEASE, made and entered into this 2.1st day of May, 2014, L_
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by and bebmeerr the 10AEO.R.D. BUS�NESS � CORPORADON, herernafter referred to as T
Lessm, and BC)ARD OF COUN'l"Y CIOMWS&ONERS 0(" MONRUE C0LJNTYE ..�BjQ&
hereinafter referred to as Lessee (the termps "Lessor" and "Lessee" to be construed in the
singuW or t')kiral nurriber accordingCy as they respectiveiy repmsent one or rnore than one
person, partrlWship, corporation or other r'rr anr zafiorl)�
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WTNESSETH:
l'hat Lessor does by these preSE nts lease and demflse unto I essee the V owing
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described property, dying and being sftuated Un the 6ty of 10arathori, County of Monroe, State 0
of It Grr':rr'rda, and b6ng more parkin art y described as foil or Unit A, & Unit B, 100th Street
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Center, comniorfly known ris 10005-100,15 Overseas Ffi( hway, Maraon thou, Monroe C.OUnty,
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Porda, contaur0ng approxniateiy 2,139 remtaWe sqLMM fent,
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Suite R.&F
(A) l 0005 732
0 0 15 1,407 0
TOTAL CAS +l B) 2,139 0
for a term of five (5) years, beginning on the lst day Of JUne, 2014, arid eridkig on the 31st
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day of May, 2019, to be ocxupie�.J for the cur of conducting the bUsiness of' Monroe 0
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("OUnty Becfions Office / adrnk-fls try fiVEk-Office type Use (and saO derrflsed Iprerr,rqses are to I
t,,ised in no Ot[)E r manner and for no other purposes whatsoeve fthout the prior written
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consent of Lessor), paying tl refore the inftOl base rEllf"It of Two Thousand Five Hurldred
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E±tj,ERgLa n d 13/100 U)
per rrionth
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C SF F-' Rate$1R, 8 SPO RS ase
A 732 $ 14,00 $ 854,00
3 1,407 $ 14 50 1,700 A 3 U)
1'0'TA[ (A+B) 2,139 2,554,13 U)
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Upon the fcAovving ternis, conditions and covenants,
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1 Lessee s[411 pay the rent rnonPfly, in arrear'S, Upon rec.6pt of a proper invoice L_
PUr"suant to the i:lorida Ulrorript Payment Act, F.']orida Statute section 218 70 at suc['i address 0
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as sh0 be SUV.,r t essor I he base reint shal6 be sr.jbject 'to mr annuW rncrease of the
gire,,,,iterut a) C PlU, for the 12 month period er')ding on Decernber 31st of the prewous year,
or b) 3.25% on each successive anniversary date, The annual cap on C P LU, sha[� be five (n
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perc.ent (5,01YO). C
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2, in aacfm rhon to the moritWy base nraamrnt, the lim,ea aaee aainaaii be otaH aat d to pay Ilaiva farcnraafaa
shamr �
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1.clrrcl' 732 � 6 6 r,
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10015 1N 12,7% �
P cN RataY"rhcwi( tan :i'�,"?10 Ga
of the annual cmrarats fcnn. firm, flood and wirnm.t tmarrrn i°i nsur n ,a , reW property taxes, waste �
coH ratio n fees, cnor rrncrrn ufiiifnc am and annual costs to keep and nnnaaiunfaairm inn good repair the
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i uaiicfirng exteu°ic)r, iaarmc aacraapa n , Hghfing, sicfr:waaiks, drrveways, curbs and sign. .i.owaarau
these caWi aaticnrmam, Lessee matnaaii lima $ 1,099.80 per irncarntfn as an caaafiiMaated prorata share �
of these expenses. .f"hi amount is subject to adjustment ent c°fnnninf the fc°"nrm of the � as e, �
based on aacntUaai cccaaata .
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Year 2013 6.17'
Space RSF CAM
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; 3 2 376 37 U)
ra 1,407 7''2 3A 3 Us
The total rent (Base rent taIUS AM) for YEAR ONE m~'mh aii be as fcaiicnn aa.
BASE CANA TOTAL
YEAR 1 Abbrtib4 $ 30p649 50 $ 13,197,63 $ 43,847,1.
C1�c;b�.�rN�biy .M �
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as ran cfuarirmff the ccrairmfinru,maance of tinny k�aase, and at mire ant and
expense, e and rnaaan nt�aanirn imn good repair the irnteiricar of the pirerni cas hereby ieaased, which Cn
nhaaH 4icciunde aaii windows, fa&a e gµ ass and c cncaran cncmrnfngcacbu.nan to the exterior, LJOess there is
darnage caused by the rnegHg nc e of Lessor„ Lessee shaaii keep fi°nan air cccanrmcfifiicnnirng
equipment nt k'isOe the m.nnn4 and nac rvkim the Unit (haarnufiinff mmnfif), the pk,imWng work, water �
cciosetrn, pipes and fi fcnrcaaa b6carnginc thereto in (food repaarr and shaii keep the water pnip s �
and connections free frcnnnn rafaaatr°us0on , and to gerner,,'A mnaninfalmn t[ie derTlise trmren°nrsa°aa to �
the saafiaafaamcticarn of fi°naa rmlrniCrpaai, tnrainc e and any othec goverrnmrannfaai authority, duhng the fer"rn°u �
of fiaica ieaas . Lessee anfmaaii not overload the carrying capacity of the floors s of the cfernni e
pine anises. Lessee, so ion as he shaH remain in possession of the d rnnfiaaed tare n�mi e , shaaii
keep and rananinifaaai n aaii poirlions Of HIE tarc-mmiises, the irn°nprcanrbµc ne of fai=ncaincacnu°na i:hc=gib
aai,lpUrt raaarncce , r°rn«acchn rn er , equn'itanme nt aaaionct fi tmar s theraain, in such ccnrnctifuon°n as to prevent
any ioss, c aarnnawa e or irnju iry to fins; persons, property, iau���m irnc EG, bLJE.airn an or c�n¢ccccm aaficnrn� of 2
a � aµ a. aw a �a" aw
any clfher persons jzberr fitted by Lessee to be irn or aatac°acaf the ieaa c:d prerTirses, owners,
occcu paants arid invitees of a~adjcnnrnirna mnXem0seaa, and taa ramo nS ur carn the adjacent inncnrtioins of the
street i rn fraamMmf and the icfca streets of the ctcrnnrc cacf tarraannnncaa in the event t aacacp mtnamii rc-tn6cca T
aaappu qe n rncces, rnac.;tanrner , aacfua prinen°nt or fnXtwares, the rep acernents shaii be mna gern au al �
cconfclrrrrnif to ftwmaat rep aced as to cfuraaiif , smze and appearance, At the termirnafiaarn of this �
�ease, Lessee shaaH deW r up the nm n°"ed , I ern"nr�:.',s nn"m as good o �"�t" nor fra�nn a s, at the t'begrn `nin"ng
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of the term, natu4 detehovation arid rmrrncfl wear and tear, depirecOfiorr and darn age by fire .2
and the elllements oNy excepted W
I.essor shall be responsrWe fur caprtefl costs, approved by Lessor, exceE�dirig I'm 'Thousarld 4-
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4, Less agrees to accept possess�on of the dern see premOses in their present
cond ion.
5, AH properly of every kund wh ch may be on said deirnised prery-Oses dUrrng the terrn 4-
hereof shaH be at the so risk of [,essee, or those cga rnrng undeir Nm, and the Lessor shaH 0
iot be Ha We to Lessee m to any other person whatsoever for any ffl,�Lffy, ioss or dwnage k)
any person or property in or upori saO den' SEXJ prerrOSE)S To the extent set forth in
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A agrees to assurne as HabiHty for, or on account of 76828, Lessee hereby covenants ar 0
any mnjury, Vloss or darnage above described and to save I-essoF harmless therefrom,
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FUrtherniore, Lessor s[iaH not be qlaWe to Lessee or, to I-essee's patrons, empqoyees, U
keinsees, perm ttees or visitors for any darnage to person or property caused by the act or
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negHgence of any othet teriant o, sakJ derngsed premrses, or, due� to the bUH6ng on said U)
rrreirrrflses or any appUrI coma nces thereof: bed ri(,,) 4'ripir-opeiriy constrUcted or b6ng or becoming
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out of repair, rrm 'for, any darriages frorn any defects or warO of repair of any part of th(:a
buMing of wl-Och the denflsed preinrses forrn a part, urfless unjLffy or darnage descrrubed above
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was caused by or was due to negHgence of I-essor, Lessor's agent, servant, ernpioyee or 4-
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patron', but wrth the exception of tf,e need for one ADA cornpHant handicap pa rk4ig spa(".,e of 0
Mkh is to be coner:Aed, &.essee accepts sad jpremmses as w[iolly suitaWe for, the purposes
Baru W-6ch sanie are leased and aCMPtS the I:)ufl0ng arid each and every appUrteriance
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thereof and waives defects therein ind further, agrees, to the exterit set fofth in FS.768.28, to 0
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hold I essor hwrNess frorn aH c�arnis for, any suc.h ciarnage uniess such daamge was caused 'a
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by or was due to negfigerwe of Lessor's agent ft �S fUrther, espe6aHy Understood and agreed 0
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that I ea cur shaH riot be ka[Aefor any faklre of water ,RJPP or 6ectft current, or, for unjuiry or,
darnage which rnay be sustaimd to person or propefty by Lessee or any other person U)
caused by or, resu,Ofing froryi stearyi, Oectiricgty, water, ra ri or other Hqurd wNch may geak or. C
flow frorn or into ariy part of sai uHding or, caused by the breakage, ge,,Ikage, obstructiorl or 0
other deft,act of pipes, M-ing, appHances, pW,le giass, pkirnbkig or, iughbng fiXtUres of the
saffie, or bythe condition of said prem se s or any part theireof or from any other SOUrce or by
any other cause whatsoever, whether trie said darnage or injury shaH be caused by or be due C
to the negHgence of Lessor, I-essor's a erit, servarit, err p oyee or nol, nor shaH Lessor be 0
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HaWe for 4'iterference with Hght or otlrer r'ncorpoireW ['iereditarrients, provkied SUCh
rntefference rs caUsed by ariyone other, ttiara the ianftrd, nor shall i-essor be Hai We for such U)
interference froril operations by or for governrnentaq ager)6es qn construcfion of auru Ipu.ubkcc or C
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quasq-.put)Hc work,
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6 Lessor, wM obtain fire, flood and Mndstorai 4'rsuranM for the prernisesl and Upon 0
SUbrniss�ori of the NH for sariie to [...essee, Lessee shaH �eiryrbLffse i-essor for hls prmata 0
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share of same L.essee stiaH PUrChase pubk, kab kty kISUrance Mh coverage per occurr'Emce >
of at qeast One-rnMion DoHars ($1,000,000M) aind shaH inarne I-essor as a co-insured on sad
PoHcy
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T Water/Sewer' C`.hargEc. NA,
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8. Lessee shaH pay aH charges for water and 6ectric as the sarne shaH becoirne due .2
during the term of this lease Eacti office is separateiy metered for, water, arid Oectricity Each
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"I"enant is respoinsibie fon� th6r OW11 Usage and for payrnen't of their utiNy bift 4-
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9. Lessee gat r ees ttiat he prompfly wM exeCUto and WiH WifiH aH ordinances arid T
regulations of the state, County or otlner governrnentaN agendes app lira bie to said dernised
premises, and aii ordinances �mposed by the Monroe COUnty HeWth Departrnent and Sherrffs
Department for the correctJon, preverrfion and abatement of in(Asances in or upon or
connected with sagd dernised prernrses during the term of thhs gease, at I-essee's sol�e
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expense aind cost, 0
10 Lessee shaH not assigri this Agreernerit, nor shaH under qet the whcfle oir any part of the
dernrsed premises, Mftmut the consent of Lessor first obtained in writing, aind shaH riot C
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OCCUPY or penTlit or suffer the saMe ton e OCCUpied for any Ibuassiness or purpose deen,ied
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extrahazardous on aCCOUnt of fire,
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11 , LE��ssee shaH give, in case of' fire or other cas�,.ialty, irnmediate notice in wrrting to U)
Lessor, who shaH thereUPWI cause the darria( e to be repaired foftrq mfth, provided mat eriais C
SLJpphies and iabor are reasoinaWy avaflabie'l if any portion of the prern�ses is rendered WIN
for C)CCUpancy, the rent shaH be apportioned 'for the perk.)d of firne required to make the
repairs, accorchng to the part of the premises, if �Iriy, which rernarM UsaWe by Lessee, hf then 0
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Emfire bur6rig shaH be destroyed or qf prernises is not accessiWe or, lis rendered Ur'Ifit f()I!,, 0
OCCUpancy, fi,'oen wfthin 30 (thirty) days aftef the fire or other casuafty, either Lessor or Lessee
may cancel this h,..ease by notice in writing to the othei, effective as of the date of the nlaHing
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of thE� written notice, except 'that the rent shaH be apportioned as of the date of the fire or 0
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otheir, casuafty.
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'12Any sggn for trie dernused premrses shaH conforrn to aH appHcabie County codes and
shaH be either as two-swded sandUiasted 0jr
iaser-cut sqgn, not to exceed 18 4iches by 72 U)
kiches, and shaH be kistaHed by IL essor on the Iporrch cei'ilfigrn lien front of the demised premiSE S,
Lessee shaH not pi ace, paint or otherwise affix any other smgns, banners, flags or, baHoons at, 0
on or about th)T e prern�ses, or, any part thereof, or change any Hght fixtUre, except as and
Where first ap�r, OVEA i�l Wdflng by L,essors, and I-essor shaH have the right to reinovf.n any sign
or signs in order to paint the bLrOdirq or prernuses or, rnake any other repairs or an terafions, bUt C
rra-.ANng herein shaH be construed to reqL6re or oMgate Lessor, at any tirne or in any rnanner, 0
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to pa4rt 'the bUikfing or, prerrflses or make any other repa4s or afterations Lessor grants m
Lessee perrn�ss�orr to furnis[i, instaH and rna�nta��in, at so��e cost of �...essee, sign �n the bt.Ading U)
rnarquee SaMe to be approved by I-essor prior, to instaiiation, consent inot to be C
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unreasonaWy withheid by [.,es soar,
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13. hn the event of as breac['i or, threatened breach by Lessee of any of the agreerneints, 0
con6tions, covenants or terrns hereof, h..(assor shaH have the right of injunefion to restrain the 0
same and the right 'to invoke any rernedy aHowed by iaw or. in eqUity, as rf specific rerriedies, >
4Aernnity or reirnburseaients wer(,,n riot hE)reki provided for Fufth(,nrrirore, the rqgjrjts and
rerne6es given to Lessor in this iease are 6sfinct, separate and CLMIlWative rights and (n
rernedies, and no one of thern, whether or not exercised by [,essm, shaH be deE�Iirned to be irl
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exclusuon of any Of thE others 0
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14.1 he agreements, con0ions, covenarits w i(,I terms her6ri contakied shWi in every caSE)
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appiy to, be bkidirlg Upon, and klLlre to the b(,,nefit of the resp(�,.,ctive pairties hereto, their heirs 4-
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exec,utors, adrr*iustrators, successors Ind assigns, with the, sanie force and effect as if I-
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spa caHy aientioned 411 each instance where a party Uuereto Us naaied, provided, howe�ver, >
tl'mt no assigrirnent or urideiletting by Lessee Un vkAafion of the prowsbris Of thiS iE.lase shaH
vest in any SUch assngnee W Underlenant any right to fitie rr,n or to the peaseWd es,ta te hereby
created,
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15 No assent, express, or impfied, by Lessor to arry breach of any of L essee's coveriants, 4-
agireerTients, condifions or terms hereof shaH be deerned or Ulken tn:) be as waiver of arry
SUcceedikig breach of any coveriant, agreenient, condifior'i or term hElreof.
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161t �s, especial�y understood and agreed that aH persormi property piaced on the
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dernused prernuses by the Lessee rnay be rernoved Iby Lessee at the teau iination of this leaSE�,
provided LesSEae shaH not theri bEa in defwAt of the perforrnance of' any of uts agreerrients,
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(:X)r6fions, coveriants or terms hereof, and pr(Mded fUrther that ti,'ue bUiidirig si"laii be ieft by
Lessee SUbstanfiMy' as weH equipped as it is at the beginrfling of the ter-in, arid prov6ad
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fUrther that no suci n property shaH be rernoved by I (,"Issee if suich rwTIOVIU shoWd per nlarlfn�nfly
rnIjUre oir 6srnanUe said bt,06ng, and provided further that the removal Of arly SUCh propefty
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shaH be effected wrtt*i five (5) days after the expiratiorn of: the said term and aH damage 4-
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catised to said premrses by sucl'i rernovai shaii be repaired by Lessee at his own cost arld 0
expense.
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17. Lessee shaii not niake a�lteratk,)ns, additioins or nrnproverrients to ff'�e dernnSEd pternises 0
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or to the btAl&ig thereof v0thout the prior wiitten consent of Lessor', and after such consent 'a
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has beE)n given, tu,Oess othervOse agreed upon nn writirig, aH a terafions, in,ipiroverylents and 0
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ad(iffions rnade by Lessee UPW the deni�sed pirem�ses shaH bE,, doine by a Hcensed contractor
at as reasonaWe cost and, aithough at Lessee's o wn cost and expense, at than option of the U)
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Lessor shaH ren4n upon the prerrirses at the expiraOon of this iease and shaH becorne the C
parrs qXlrly of the I-essoir in fee sinip e, without (A[ier action or process of IwN. 0
18. 41 the event Lessee shaH ri,-iake defauR ki tfie perforina rice of any of the agireeRlenits,
con6fions, covenant's or terryis herein conta4,red, U essor, irrunediateiy or at, any Urne C
thereafter (no oWigation, however, ib(.,,,,nng imposed upon I-essor to do so) may perforin the 0
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sarm".1 for the aC(,',OLjnt of LesseE.�, and any afflOUnt paid or any experise or liabHity incurred by
L.essor �n the perfw'Marice of ttie sarne sl�iaH be deen�ied to be additioriW rent payaWe by U)
Lessee for flie dernised prerir�ses, together with 18% (ek l'iteen percent) interest Per annurn C
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thereon from the clate of jDayrrient t)y the I-essor to the date of nepayrnerit, and the sarT'e, at
the option of Lessw, may pwsua� y fiXEnd rerit then CIUEn or ffiereafter fWing due W
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hereUnder; arid Lessor shaH I-mve the right to erfter ti`IE" said deriflsed prenlises for the 0
purpose of correcbn(� or reirnedying saki defaWt and to remairi ther6rl UrItil the sm-ne shWi 0
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have been corrected or r(`.`IrnedUed. Any rnoriey due to Lessor shaH riot be deemed to be rn >
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defaWt Wltfl three (3) days af:ter prior wir�tten notice by Lessor to Lessee, Lessee shaH rlave 0
two (2) weeks after phor writterr nofice by Lessor to correct any noin-monetary defaUt (n
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19. Lessor shaH i,��ave a statut()ry landk)rd's Hen and �n addifion is hereby given �,]n express .2
lanftrd's Hen as security 'for the fixed rent heir6n reserved, )s weH as any of the other
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chairges or expenseS Eflssewhere hereinabove or Inereinafter des�griated as "addrfionai rer'A' 4-
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upon aH of the goods, ware, chattl0s, inip�eriierits, fixtures, furinrture, toois, reseed" trier" and I-
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other perauaarrad property which Lessee now or at ariy trine hereafter piaced in or upon the T
dernmsed prernises, M exempfions ofsaid properly or any part of it b6ng hereby warved,
20, ILessee hereby espe6aHy covenants and agrees that fl'irs dease shaH be subject and
SUNN,6nate to any mortgage or rnortgages now on the derrised prernises, Lessee fuirther,
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agrees to submdinolte this do ase to any r"arcartrgaagge obtained by Lessor duirOg the terrn of this, 0
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iease or ariy extensions or renewals thereof,
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21 , [.essor hereby coveriants arid agrees that Lessee shaH arid WiH, Llt)Orl payment of aH of 0
the rents and add other surns of r-noney herein provided to be paid by Lessee, UpOrl fLffly a
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observi ng arid perforrning the covenants and agr eements her6n proMed to be obserVE and U
perfor-irned by I.essee, quiefly arid peaceabiy possess arid enjoy said above-deimdsed
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prern�ses unless sa�d leaso be sooner terminated under, and in accordaince with any of the U)
4)
provisk)ns herern edsewhere contained �,,)rovidrng for, suchterrninatk:)n, U)
22, if any of the fixed rerit herein reserwElld or ainy Of tf)E other charges or expenses
hereinabove desiginated as "addcfior4 rent", or any of the taxes, assessin"ients, cf"larges or 0
4-
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other sun"is of rnoney to be paO by I-essee shafl not be Ipaid as and when the same Ibec orne 0
due arid payabie, or if d es see hadd defaUft do the p&forryiarice of any of the other
agreements, coin&fions, cov aria rrts or terra s ll"iereiri contarned, or if a pe6trorl or ainswer for
C
re(�)rgan�zation of Lessee or the then owrier of I.-essee's iriterest hereunder shaH be appr(Wed 0)
E
by any COUrt or judge therE�of, or if I-essee oi, the then c,)\uner of Lessee's interest hereUnder 'a
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s[iaH make a gerrer�ad asg s� nment for the benefit of credifto sh,�Wke a rs, or , tariy benefit under 0
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any insoWncy or, bankruptcy act, or have as receiver or trUstee or' other fiduciary appointed
for its propert, Guar if Lessee's deaseholid interest shaH be taken on executior,u or', other process U)
of �aw, or if this iease or the estate of Lessee hereurider, s[iaH brIA transferred or pass to or C
devoive upon any other person, firni, association or corporatron except in the nianner 0
provided hereunder, then and ir,u any of sadd events, [-essor or those (.BairrOrig o.jnder hirn rnay
drnmed�atOy or at airiy time thereafter have the tight to teirn-Onate and end this dease and the
term hemby grainted, as weH as aH of the 6ght, fitie and interest of i-essee hereUnder, by
gMng I-essee tEni (10) days notice dn wrffir'ig� and it is agreed that upoin ftie exp4-ation of the
U)
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tern,� fixed in such nobee, if ft'ie said noripayment, defaUlt or' other c�dr�� a� �tuse terrn�natioi i
specrfied in such riotice shaH not have bE,�,en rnade good or rernoved, thie aruJ the term U)
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hereby granted and cr eated, as weH as aH of the rigr°it, titles and rnter(�)st of I essee hereunder, 0
shaH, at the opflon of I.,.,essor, or those cUrnrng t,inder hirn, whoHy cease arid expu,e, ir'a thEl,
sar'ne manner and wrth the sarne fMCE� arrd caaffect as df the expirafion of tirne in such notice M
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were the end of the term herein origdnaHy dernised; aruci Lessor or those ciairning under hirn 0
rriay dnirirrediateiy or, at any tin) thereafter and WOICRA further notice or den,iand enter into and 0
upon the sarne premiSE.M, or any part thereof, in ti,ue narrie of the wh(fle, arid repossess the >
sarne as of his first and former estate, and expO the I-essee and those c�airning Under hirn
and re rrove its or, their effects (forcibiy, if necessary) without being taken (,:)r deerned guifty of (n
any rnaniner of tire spass, and without prejudice to any rerT e(fies which might otherwise be C
used for, arrews of rent or prece&-ig bireach of covenolint, arid that Liporr entry as aforesa 0id, E
Packet Pg. 1064
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sat Iease sha�H be terrntnal'Erd; and Lessee agrees that, notwfthstanding the terr6hnafion of .2
this tease and possess�on regaMed by Lessor, he wM nndern6ify Lessor, agaOist all hoss of rent .2
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wton esald ch may accrue to Nn by reason of such termination duriing the rerllarjlder of the tElrrn 4-
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fo .
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hi the event Lessor does ri()t exer6SE the right, I,-rereinabove given hirn, lie may accept
rent from the receiver, 'trustee or other officer in possessk)n thereof for the term Of SUCh
occupancy without irT'ipahhng or affecfirig ki ariy way the rights of' Lessor agahnst Lessee
hereunder, Any irneghect or faHure to enfbrce the right of foffefture of tNs lease or reentry Upon
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i)reach of any of the condufions, covcmnriarits, ternis and agreernents her,6n contained shaH not 0
be deerned a warver of such rr( ht uporn subSEaqiuent breach of any such or any other
condfion, coveriant, teinn arid/or, agr(nernent hereirl contairx:X,
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23, It. iS Understood and agreed by and beta Elen Lessor. arid Lessee that rn the event the
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dec Tflsed prernpses are conderTuied for PUbfic use by any goverinrnentcfl agency, County, State
or Federal, tNs Nease shaH (,,,ease and terrniinate arW shaIl be of no to effe�,ct, and Lessee
U)
shaH have no c�airn or, dernand of any kind or character tn and to any a ward rnade to Lessor 0U)
by reason Of SUCh conderyination,
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24, ft is expressly Understood arid agreed by an(J between Lessor, arid Lessee that in tl-re
event Lessor her6n shaIl not be tl-,�e owne�, of the prernises I)W'ein dernised, bUt sl'iaH hold a 0
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�lease of the property of wNch the deniused prerr6ses are aparl, then the rErRflfing suWease is 0
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arid shaH rema in subject to of the tornis and conditions of srxJi ex�sfirig hease to Lessor- so
far as they rnay be appficable to the prermses her6rn dernised
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25 At aH fiffies dur-ing the ternn of this lease, I. essor shaH Ihave the right, by himself, his 'a
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agents and enip�oyees, vvift'i at least one day's nofice to Lessee, bUt excepfing ain erneirgency 0
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where noUce is not Ipraaantda.ca l, to enter 4ito and upon the dernised preirntses du6rig nornial
bustness hour's 'for the PUrpose of exarnining and inspectrng flree sarne and detef'fflhrlklg U)
whether Lessee shaH have cornpHed Mh aH of rts obligations hereUrider in respect to the (,",are
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and rnannteriance of the prem ses, the repair and rebU06ng of' the rmprovernents, thereon 0
when necessary, and M other terms and condiflons f-lereof
26. Lessee and Lessor covenant and agree to pay arid (fischarge aii reasonabIe cr.")sts, C
as fees (incUfing appeRate attorneys' fizes) and expenses that rnay be uf"ICLR'r('A by
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Lessor arid Lessee in enforc i ng the covenants, agr(--�ernents, con(fitions and terms hereof.
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2T L essee shall have no power to do any act or to make any coritract that rnay, create or C
.2
be the foundation for any Hen upon the piresent or other estate of the NeasehoW and derniised
preriitses, or upor) any of the buH(1iings or impirovernents thereon, except as hereiri elsewheire W
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specificaHy provided, The interest of the Lessor shaH inot be siJbject to any Maros for, 0
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irnproveMEm ade,ts m by the Lss.eee a e rid �. s a see grees to n n otify the cotractor rnakng� a T
rly 0
siuch i nip rove aierr ts of ttfls provision. >
28A.essee agrees that in taking anus hease he is goverried by has own inspection of the (n
prernhses, and Ns owri judgrnent of Hw4 desimNlrty for tfls purposes, and has not been
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0
governed or, inflUenced by any repiesentation of ILessors to the cond�fions arid clharacter of E
7
Packet Pg. 1065
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the bui6rig upon fl-ie prernises or as to the earnrng capa6ty thereof; that no agreements .2
StlpUlatroris, reservafions, exceptions or conditions whatsoever have been r-nade or entered .2
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into in regard to szfld prerrflses or this pease which MH in aarny way vary, contradict or impair 4-
0
the vafidity of tNs lease or of any of fts terirns and condition an no s, d that rnodfficafion of tf,fls I-
0
pease shaH bEu binding urfless it sh�Ilpa�apG�neretn e ir-i rifing and exeCUted and acknoMedged in dt,,ne >
forrn for recording by M of the par o, F�'urtherrnore, Lessee takes this �ease and the
dernised prernrses SUbject' to aH recorded easements and restrictions affecting the occupation
and Use thereof arid sub ject to allp statutes, ordinances arid reguiatrons of cornpetent
g ocean ryiental aUffiorfty affecting the OCCUPE"Incy and Use there()f, the constrUction and
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nia0tenz,m(,.,e of improvernents their earn, and the bUs err esses and occupations to be engaged 0
in by Lessee, in force now arid SUbsequenfly (ftl6tIg the term of this iease.
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29,Any word, gIrOUP Of WORiS, phraSE, sentence, paragraph or provision herein piroNbrted 0
by law or de6sion by a court capf corripetent jurisdiction sIV aH be 6ieffectrve to the extent of
0
such prohiNtion without invaHdating the rernairflng provis�ons herElOf, U
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30 Whenever any payrrient µs to be made Urnder this ieaM, at or, wiftri a Urne stated and 0
wherrever any act is to be dorre WIde e r this, � a either, p se, by eithafty, at or" within a ithi stated firn S e,
U)
time ha be of the essence of tN�s agreernent.
0
31 ,Any inotice, from Lessor to Lessee relating to the dernised prernises or to the 4-
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occuparicy thereof shaH be dt,fly served, if addressed to Lessee, by Urritf.md States Registered 0
MaH, Return Receipt Requested, to,
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Division of' Pubfie Works, Facilities Mairatenatice Contact Monitor 0
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3583 Soutit Roosevelt BINA, Key West, IFL33040 'a
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Any notice frown I-E see to Lessor sha H be sent by United States Registered Mail, IRetUrnl
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Rec6pt Requested, to: T-
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OXF��C)RD BUSNESS M CORPORKT]ON, c/o
EmeraM Real Estate Ilnnca. / '1401 BrlickeH Ave. SUrte 320 / Miaaip, FL. 33131
32, ft ns dis tern ctiy understood and agreed by and between th( Lessoi and the Lessee that
any holding over, by Lessee of the frer-ein defflised premises after the expira too n of this lease U)
shaH operate and sfiaH be conSftlled oniy as as teriancy at sufferance, and the tenarit shalt be
Hable for SUch addrfionW rent as shaH be allowed by then iavvs of the State of Florida then in U)
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effect, for the perpod of fime he Wds over after. exprra6on. .2
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33,it shall be pane MW fOr [..essor or, f6s agents at any time witNrn s�xty (60) days before the 4-
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expiration of the terrn of tf-Os iease to eriter, upon 14-re (Jern�SE.�d prem�ses and tO affiX Upon any I-
0
surtabie part thereof notice or, notices for the ieas�ng of same, and the Lessee agrees not to A
remove any such nofice or notices or, to peraii't any of his enirfloyees, iicensees or perrylittees
to rernove the sarne,
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34,Secuhty Depos,it, pntenfionOy deieted. 0
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Packet Pg. 1066
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Sty,Move-In Funds,: If Breakdown of move in fi,mds is depicted tnentnn
ITE'M TOTAL 4-
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Laast Waived T
Security Waar anat �
t FAL $ 3,653,93
a�
36� ' �u fth°a�rna�raaR atr�aarn �� �ar.n , tauunrtrarua�nU��.ar nwauu, ,� �� the t�an�nnrnnu�rn nrna°° n@� u�� umu��� �.�1�% �' ° ". �� the
the Bunrtefnrnt, standard co a.�arnnrn ���e.��tn ma�tude, „�.�arnd consistent w Wr bu.urf rrnys r�.,unrnnp ar��alt�nl„..° to the
BuOdOg trn the same t ern nµaatanN°niicW area as, the tuuhhrt'hr.nut is Vc:c ate et.
^ac s ro ,
each
� a a y represent� ° � other a
havedeWt with o broker, finder or yi ntar agent, r connection n with this
Lease other than the
0
Brokers. pn the event that any broker or, a,Igernt other ttnaarn ttne Broker's cl auua.aua a Ibrokerage fug �s
in co nrneeuntuanrn with this traarn aaunt:tuanrn, the party who procured the sear hcennn Of SUch broker or on
amuse behatf r~rrnCh broker waaa;aua workl�ing if the trarrrner caairnrnant be atraaterffO nrnef, agrees to pay �
said fee and to urndernnr'Of and tnrnW t"naarrnn9 wry s the other part fro n°n arid aar antrnant any arid aaH
ad e earnse nrn conr°ne cf or°n rtfn yarn a�aair�uu cuss �Wh�at,rhthtya s� � � uanrnan, rar��umua�uuu�,aa��u°u�n.a
gttt ("Joverning Law, Verme, grntertnr tafhunrn. n3` enrrniirnf Law, Venue, t rite rlpraataattonn, C ts,,
and f`raes: .t h„ntra Agreement shaH be governed by and u:nrnrnstmeref in accordance waarttn the laws 0
of the State of f:teartetaa appHc able to co:mtracts made and to rforu° ne an.n irea � n the State.
trn the event ernt that any cause of action or adun� nrsfraafive proceeding � �nsfitUted for the
enrntaarce rrneeirnt or knterpiret aborn aaf ft.rhra Agra:naarnne nt the County and Contractor agree that venue �
WH Ine in the appropriate court or bEa,fore the approphate radmirrnstir aura body in Monroe
Crnr.arnt „ f"tia.nr°hdaa.
The Lessor and I.,.es ee aau reEa that, hrn the event nt of a o nffrcti nc interpretafions, of the terms
or, aan term of tfnhaa Agreernent by or between any of tamer°ru the rSSUen haaaH be anu°atam tte d to
rrnanrtha fio n prior to the hrnuanfiitrntuu;nrn ('A any other a adrnrurnistrative or Vega u.runerceedirnt ,
0
9,Lessor and t..easseee agree that there whH be no discrirninafion against arry person,
and wt hs ex rea ss�y° understood that n.af.�ear.n as determination by a court of core n eate nt tn.Osrfrertuu:nrn �
that a hrn�nlnafrr:m has rncflrnurued, th s Agreernent a an.utanrnra~aficaraHy' tWM naµat au wawafthOLIt anr.ry 'further, �
f party, r. �anr and Lessee agree �
aaetru°n�rn earn tt�n ; part �f any r�fta trwa the date of ft r court, t.. e� � � :�� rn��
to cerunn atyw witti a.att f ederaaG arid Rodda statutes, and a"att Iimaah or(firiances, as a afnfntrr..aatn e,
re,Iahng to rno nattnrcrtrnnhrnafhrarn. t hense hrnrntu de but are not ttrrnrted to, .t) ..F'Wer Vt of the t`MH
Rrghts Act of `1964 (qua... 88.352) wnrNch prohibrts uatitracrrrrnrrnaaaf:orn on the basis of r"aa(.,ee, ra°aatunr or °
nnaattranrnaaq odg� n; ) Tide IX of the IEducation ,irne natrnnanrnt of 1972, as arTie neted (eft USC s,s. �
,1681...1683, and '1685-1686), waaNch prrngnutnhtnn rfhra rrrrO nafia.nr.n on the baasn of sex- 3 Secthearn
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04 of ftne f e haatnuthfaafhrnrn Act of t t 7 3, as aar ne nu°hed (20 USC s, 794), waufn'kJi Itnrrntnrltnhtna
a trscdrrnurnaaaftcan on the bass of h am fica~aps; Tt°ireµ Age t.ttscrrrrnurnaatio n Act of 1975, as aamrarrared A
n a ( a � ), an aarnn rna d, r Win to �
>t� � �' fD"tw f�nu�,�n rantnu .aut:� arernirnnrrnaatue�irn rnrr tt r an�nrn rn age,, naa Drug
tnu.n sr� a" ttnnr", r�nuf �.�f„r°aam�ntrnnrarnt afit ant' t maaf t�h.. y�'..�� a� � t � �
rno nr nsc hrnurnattcm on the tuasu s of drug abuse fit) ..the a�.or~rnfnreatne ns~ tu:o[16l AbUse and
nrn„ t rreaafrr e n.t and IRehaabHitaathrnrn Act o t�ut°t"tt t�L � t 616 as amended,qr r.ntnrarghnarnn gra�.:w.rr:°infra � r �
reiating to rnrnrnafrnnrnrarn.nrrna-afn rn on ft4nrn taaa rs (°A a"ahraotn6 abuse se m „.ntw:arntnaOsrnn; ) The Pu.utn is
an
Packet Pg. 1067
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Heafth SeMc.e Act of 1912, wasp. 523 and 527 (42 (JSC ss,. elf 0dd-'13 and 290ee-3), as .2
arnended, relaUng to confidentiairty of Wcoh6 arid drug abUse patient records- 8) T'ifle Vffl of .2
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the CMI Rights Act of 1968 (42 LJSC s. et seq,), as arT-iended, rek.,ifing to nondiscrimination in 4-
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the saie, rE,,rital or fr'nandrig of hOUS41g; 9) The Arnerk,,ans WGth Dis�,Ibflifies Act of 1990 (42
0
USC, s, 1201 Note), as maybe amended froM fiffie to brae, reiating to noridscrirnination on >
the basis of drsabH4y; 10) Any other non6scriiminafioirl provmbris in any Federa�l or state
statutes Mkh niay app�y to the parties to, or U'ie subject matter of, tNs Agreernerit,
40.Attorney's Fees and Costs. IEw1i party shaH be s6efy responsibie fw the costs of its 4-
0
own attorney's fees krcurred 41 corirrectron with the preparation and review of this lease for
executioiri, ff any action at Ow oi� 41 equity shail Ibe broug[11. reader this iease, or for or orl
u nE ' v se sacc,ont f any breach of, or toeinforce or itlr,pretay of fiie coenant , ,
of this iease, or for the recovery of possession of the dernised prernises, the prevaHing party 0
shail be entided 'to recover from the other, party, r(-)asonable aftoriney's ft:)es arid costs, the
0
arTIOLfint of WNch si-mH be fixed by the court, arid shall be ririade as part of �:.my judgi,nent or u
decree rendeMd,
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41, Noin--Waiv car. of IrrunUnity, Notwithsta nd i rig the provis oris of Sec. 768,28, f"lorida U)
StatUtes, the li arti6pabon of the Lessor and Lessee in this Agir(.,a(Irnent and the acqUisition of:
Garay cornrnerciW HabiHty irm.,irance coverage, se irrsurance coverage, w iocai governrTlent
0
Beale iiity inSUrance I)W coverage shaH not be deemed a wMary of in,rrrujr"6ty to the extent of 4-
X
kabHity coverage, nor shaH any contract entered into by the G"'ounty be requ�red to contain ally 0
provision for waiver,
42. Lessor grants Lessee the right to rise two (2) parking spaces for every 1,000
E
reintat)lie square feet leased with appHcable siginage. ("Aiest parkin(- carr be fOUnd Osewhere
in parking area, The total spa('Iles correspond�rig to 1, essee as per this lease is FOLK (4)
E
spaces,
U)
43,Lessee shaii haveffie opfion to exterid the I'erai for Five (5) additional One (1) ye,ir
terryis (the "Renewai Ter-rn"), SUbject to the terms of this agreemeat and the foHo wrier`g 0
provis�on&
(a) Lessee MU exer6se its options to renew by gMrig Lessor w6tten Notice of
exerciSE.� on or before the date that is Fcx.n (4) rnontf,is prior to the corresponding
U)
m
Exp�ration Date Mth respect to the Renewai Terms ("T"enant's Renewal Notice"),
Lessee shatl have no right to reriew any of the Terrn(s) �f at the time of said notice of U)
exercise there is an Event of Defciuft by Lessee vvhich has not been cured.
(b) Renew W Term(s) shWl t)e or) the sanre terms and corldrborls as this Lease, W
4-
except that Base (Rent shaH be estabfisled t)y LEISSOr arid i essee in accordance "Three 0
I-
(3) trionths prior to the Ex Farr afion Date wrth mSpect to the Renewal 0
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Packet Pg. 1068
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N WFFNESS WHEREOF, the pare s to fts corvifnwcJaV �ease agreement have
0
hereLlrft set th61r hands to dUpkate o ig44s the day and yew limt above w6tten afler, .2
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ha%fin( first noted and approved a unterl4ieafions, 'ins erfiorrs, strkeOUts and strikeovers the 4-
0
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21 st day of May, 20,14 0
A
111"ISSOR
--..........
. ....... OM��!ORD BUSINESS Hl CORPORATION
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Lla,""A", re -e
Printed 11
Pdnied Narne,
............. ...... ...........................
Prinled neunc, 4, J
Date, Nla 1, 20,14
0
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I E'S S E E, 0
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ANAY 11FAVILIN, CTFRK BOARD
OFMONROF" WFY', FTORADA
E
MpA
............
By
Deputy Clerk Of
h.
Date
Mayor S.ylvia Murph
'Y
Date 4
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I'd w
V
"rt
f N,
CL
A 6
..........
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Packet Pg. 1069
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FIRST AMENDMENT TO COMMERCIAL LEASE X
0
This FIRST AMENDMENT TO COMMERCIAL LEASE is made and entered into this
17"'day of April, 2019, by and between OXFORD BUSINESS III CORPORATION, a Florida
E
profit corporation, whose new principal address is 2727 Ponce de Leon, Coral Gables, Florida
33134, hereinafter referred to as "LESSOR", and BOARD OF COUNTY COMMISSIONERS
E
OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West,Florida 330140, hereinafter referred to as "LESSEE". U)
WHEREAS,the Lesser and Lessee entered into a Commercial Lease dated May 21,2014,
("Lease"), for office space located at Unit A and Unit B, I 010'h Street Center, commonly known as
T
10005-100 15 Overseas Highway, Marathon, Monroe County, Florida 33050, with said premises >
being occupied by the Monroe County Supervisor of Elections; and
WHEREAS, the initial term of the Lease was for a term of rive (5) years beginning on
June 1, 2014, and expiring on May 31, 2019; and
WHEREAS, tile Lease provides that Lessee shall have the option to extend the term for E
rive(5)additional one(1) year renewal terms upon expiration of the initial term, subject to proper
notice being provided to Lessor that Lessee would exercise its option to renew the Lease; and
WHERE AS, Lessee provided proper notice to Lessor that it desired to extend tile term of
tile Lease, and Lessor offered to renew the lease for a two(2)or three(3)year term rather than the
one(1) year renewal term as provided in the Lease;and
WHEREAS, Lessee has accepted the offer of Lessor and desires to renew tile term for all U-
additional two (2) years to begin on June 1, 2019, and expire on May 31, 2021, with the annual 'a 0
base rent increase pursuant to the Lease terms; and >
WHEREAS, Lessor is entitled to an increase of the base rent by the greater of an annual
U)
C.P.I.U, adjustment or by 3.25%on the anniversary date as allowed under the Lease; and
WHEREAS, Lessor is entitled to an increase in Lessee's prorate share of the annual costs for fire,flood and windstorm insurance,real property taxes,waste collection fees,comnion utilities 0
E
and annual costs to keep and maintain in good repair the building exterior, landscaping, lighting, E
0
sidewalks, driveways, curbs and sign; and U
0
WHEREAS, Lessor's principal address,has changed and its address for notice pursuant to
Paragraph 31 of the Lease has also changed and this Amendment will reflect the new addresses; E
and
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WHEREAS, Lessee desires to amend Paragraph 39 of the Lease to include revised noin-
discrimination language pursuant to its updated County ordinances and/or Florida Statutes; and
WHEREAS, the parties find it mutually beneficial to amend the Lease as to the term,
E
monthly base rent, address changes,and nondiscrimination language; and
4�r
F—Packet Pg. 1070
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X NOW, THEREFORE, IN CONSIDERATION of the mutual promises and 0
considerations contained herein,the parties agree as follows:
I The initial five (5) year term under this Lease initiated on June 1, 2014, and
terminates on May 31,2019,as set forth in the WITNESSETH Paragraph of the Lease. Paragraph E
'a
43 of the Lease provides that Lessee shall have an option to extend the term for five(5)additional
one(1) year terms subject to proper notice from Lessee to Lessor, E
U)
2. Lessee provided proper notice to Lessor exercising its option to renew the Lease Z�
for an additional one (1) year term. Lessor offered to instead renew the Lease for a two (2) or ;=1
three (3) year term, and Lessee accepted said offer to avoid the Supervisor of Elections' office r_
.2
having to move or renew its Lease during a Presidential election year. U)
3�. The term of the renewal for this Lease shall be for two (2)years commencing on
June 1,2019,and terminating on May 31,701,under tile sate terms and conditions of the original
Lease, unless terrninated earlier under another paragraph of this Lease.
4. Pursuant to Paragraph I of the Lease, the base rent shall be subject to an annual
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adjustment increase of the greater of a) C.P.I. U. for the 12-month period ending on December 11
of the previous,year or b) 3.25%on each successive anniversary date. U)
5. Commencing on June 1, 20119, for use of the premises the Lessee shall pay the
Lessor a base rent,which has been increased by 3.25%pursuant to the Lease, in the total monthly
amount of Two Thousand Nine Hundred Ninety-seven and 051100($2,997.05)Dollars, payable in
arrears upon receipt of a proper invoice pursuant to the Florida Prompt Payment Act, Florida
Statute, Section 218.70,.
6. Lessee shall also pay in addition to the monthly base rent, its prorata share of the
annual costs pursuant to Paragraph 2 of the Lease, which is subject to adjustment during the term >
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of the Lease. Lessee currently pays annual costs at a rate of 7.05. in the current amount of One W;,
Thousand Two Hundred Fifty-six and 66/100 ($1,256.66) Dollars which has now increased to a U)
rate of 7,48, for a new monthly annual costs amount oft ne Thousand Three Hundred Thirty-three
and 31/100($1,3333 1) Dollars per month.
7. Commencing on June 1, 2019, Lessee shall pay a total monthly rental amount of E
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Four Thousand Three 1-lundred Thirty and 36/100 ($4,330,3 ) Dollars, for tile base rent and its 0
prorate share of the annual costs,. U
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8. Lessor's principal address is changed to 2727 Ponce de Leon,Coral Gables, Florida
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33134, as reflected in the opening paragraph herein. Lessor's address for purposes of any notice
to be sent from Lessee to Lessor pursuant to Paragraph 31 of the: Lease has changed and said
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paragraph is, amended to reflect the new address as follows: OXFORD BUSINESS III
CORPORATION, c/o, Emerald Real Estate, Inc., 1395 Brickell Avenue, Suite 760, Miami, FL,
33131. U_
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Packet Pg. 1071
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9. Paragraph 39 of the Lease with regard to non-discrimination shall be amended in X
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its entirety and replaced by the following paragraph:
39. Lessor and Lessee agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent E
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order. E
Lessor or Lessee agrees to comply with all Federal and Florida statutes, and all local
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ordinances,as applicable, relating to nondiscrimination. These include but are not limited Z�
to: I)Title VII of the Civil Rights Act of 1964(PL 88-352)which prohibits discrimination ;=1
on the basis of race, color or national origin; 2) Title IX of the Education Amendment of r_
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1972,as amended(20 USC ss. 1681-1683,and 1685-1686),which prohibits discrimination T
on the basis of sex; 3)Section 504 of the Rehabilitation Act of 1973, as amended(20 USC
s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975,1 as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 M
(PI,92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
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Act of 1970(P,L 91-616),as amended,relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527(42 USC U)
ss. 690dd-3 and 290ce-3),as amended,relating to confidentiality of alcohol and drug abuse
patient records,; 8) Title VIII of the Civil Rights Act of 19,68 (42 USC s, 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of"housing, 9), The
Americans with Disabilities Act of 1990(42 USC s. 12101 Note),as may be amended from
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time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County
Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color,sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression, U_
familial status or age; 11) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement. >
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10. All of the remaining terms and conditions of the Commercial Lease dated May 21,
014, not inconsistent herewith, shall remain in full force and effect,
IN WITNESS WHERE OF, each party has caused this Agreement to be executed by its
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duly authorized representative on the day and year first above written. E
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(CORPORATE SEAL) OXFORD BUSINESS III CORPORATION, 0
ATTEST: LESSOR
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Title: 'rule: 11V
Date:-.""" E
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(SEAL) BOARD OF COUNTY COMMISSIONERS 0
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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BY: Y.
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Deputy Clerk Mayor/Chairperson
Date:
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MON OE COUNTY ATTORNEY'S OFFICE
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't�10 AS TOPR
PAMCIA ALES
ASSISTANT COUNTY XTTOHNEY >
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