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Item C23 C.23 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 August 21, 2019 Agenda Item Number: C23 Agenda Item Summary #5913 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292-4549 no AGENDA ITEM WORDING: Approval of a Second Amendment to Lease Agreement with Roberto Sanchez, Trustee of a certain Land Trust dated October 21, 1991, and Southernmost Development, Inc., as Lessors, adding Suite 312, thereby increasing the square footage of office space at the Professional Building in Key West for the Public Defender's office. Annual cost of the lease is increased from $126,623.00 to $162,203.00 and is paid from ad valorem funds. ITEM BACKGROUND: The original Lease Agreement had included Suite 312, but was subsequently removed in the First Amendment, when that space did not become available. The prior tenant has now vacated Suite 312 and the Lessors, Roberto Sanchez, Trustee of a certain Land Trust dated October 21, 1991, and Southernmost Development, Inc., and Monroe County, as Lessee, have agreed to again include Suite 312 in the leased area. The parties have agreed to adjust the rent based on the adjusted lease area, which includes Suite 312 in the revised description of the Premises. This Second Amendment increases the 3,559 square feet of office space to 4,559 square feet at the Professional Building in Key West for the Public Defender's office. As a result of the increased square footage, the rental cost of the lease is increased from $126,623.00 to $162,203.00 annually. This Second Amendment is retroactive to June 1, 2019. PREVIOUS RELEVANT BOCC ACTION: May 22, 2019 BOCC approved the First Amendment Agreement whereby the Lessors and Lessee agreed to adjust the rent based on the adjusted lease area included in the revised description of the Premises. This First Lease Amendment, which removed Suite 312, reduced the 4,339 square feet of office space to 3,559 square feet at the Professional Building in Key West for the Public Defender's office. The initial Lease had included Suite 312, which subsequently was not available for rent when the County took possession of the Premises. As a result of the reduction in square footage, the rental cost of the lease was reduced from $154,374.00 to $126,623.00 annually. The First Amendment was retroactive to February 1, 2019. January 23, 2019 The BOCC approved a Lease Agreement for an initial period of up to three (3) years beginning February 1, 2019, through January 31, 2022, for 4,339 square feet (SF) in Packet Pg. 702 C.23 the Professional Building at 1111 12th Street, which included Suites 301, 302, 311, and 312, Key West, Florida 33040. The Public Defender's lease at its previous location on Eisenhower Avenue in Key West expired on March 31, 2019, and the owner did not agree to an extension. County staff located a building for a permanent location for the Public Defender's offices at 316 Simonton Street in Key West, but the purchase would require significant buildout that would result in more time than the Eisenhower lease provided. The BOCC approved the purchase of the 316 Simonton Street property at its meeting on February 20, 2019, and the purchase closed in early August 2019. The interim location lease term provides for multiple three (3) year extensions as a precaution since staff does not know how long the buildout will take to complete. The Lease also provides for early termination should space become available in a County or State owned building. CONTRACT/AGREEMENT CHANGES: Second Amendment to the Public Defender Lease at the Professional Building STAFF RECOMMENDATION: Approval. DOCUMENTATION: REVISED EXECUTED AND STAMPED Second Amendment 2019 (8/12/19) First Amendment 05/22/2019 Lease Agreement 01/23/2019 FINANCIAL IMPACT: Effective Date: July 1, 2019 Expiration Date: January 31, 2022 Total Dollar Value of Contract: $486,609.00 Total Cost to County: $486,609.00 Current Year Portion: $54,067.68 (For months of June through September 2019) Budgeted: Yes Source of Funds: General Fund CPI: Yes annually Indirect Costs: Staff time and maintenance of the facility Estimated Ongoing Costs Not Included in above dollar amounts: TBD Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: This Amendment increases the square footage of office space to include Suite 312 and thereby increases the rent amount to $13,516.92 per month effective June 1, 2019. 08/21/19 001-69800 - PUBLIC DEFENDER $486,609.00 530430 Packet Pg. 703 C.23 REVIEWED BY: Patricia Eables Completed 08/06/2019 12:00 PM Kevin Wilson Completed 08/06/2019 2:25 PM William DeSantis Completed 08/06/2019 3:00 PM Budget and Finance Completed 08/06/2019 3:14 PM Maria Slavik Completed 08/06/2019 3:15 PM Kathy Peters Completed 08/06/2019 3:22 PM Board of County Commissioners Pending 08/21/2019 9:00 AM Packet Pg. 704 C.23.a I U) SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO THE LEASE AGREEMENT is made and 2 entered into this 21 st day of August, 2019, by and between Roberto Sanchez, as Trustee under that certain Land Trust Agreement dated October 21, 1991, (FEID 65-6026453), a "Land Trust", whose address is P.O. Box 414586, Miami Beach, Florida 33141 ("LESSOR)", and Southernmost Development, Inc., a for profit E corporation incorporated in the State of Florida, whose address is P.O. Box 414586, Miami Beach, Florida 33141 ("LESSOR)", and the BOARD of COUNTY E COMMISSIONERS for MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, ("COUNTY" or"LESSEE") WHEREAS, the Lessors and Lessee entered into a Lease Agreement dated January 10, 2019, ("Lease Agreement"); and WHEREAS,the Lessors and Lessee entered into a First Amendment to the Lease Agreement dated May 22, 2019, ("First Amendment"), which revised the property description, increased the rental amount, and revised paragraph 7 as to certain insurance requirements; and WHEREAS, the Lessors and Lessee have agreed to revise the description of the suites, which are included as part of the premises in the Lease, to now include Suite 312; and WHEREAS, LESSOR, Roberto Sanchez, as Trustee under that certain Land Trust E Agreement dated October 21, 1991, owns Suites 301, 310, 311, and 312; and LESSOR, Southernmost Development, Inc., owns Suite 302, and WHEREAS, the Lessors and Lessee have agreed to adjust the rent based on the adjusted lease area included in the revised description of the premises; and NOW,THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the Lessors and the Lessee agree as follows: �s 1. Paragraph 1, PROPERTY, of the Lease Agreement, as amended, shall be replaced completely with the following: U 1. PROPERTY. LESSORS lease exclusively to the COUNTY the Suites identified as 301 and part of 302, part of 310, 311, and 312 of the building known as the Key West Professional Building located at 1111 12th Street, Key West, Florida 33040, as more particularly shown on Exhibit "A-revised — 2nd Amendment", hereafter the "Premises,"containing 2,339 square feet;220 square feet; 1,000 square feet;and, 1.000 W square feet, respectively, for a total of 4,559 square feet. Exhibit "A-revised — 2nd Amendment" is attached hereto and made a part of this Agreement. 1 � Packet Pg. 705 C.23.a 0 U) 2. Paragraph 4.A., RENT, of the Lease Agreement, as amended, shall be replaced completely with the following: C 4. PENT. A. For the use of the Premises, the LESSEE must pay the LESSORS the total rental sum of One Hundred Sixty-two Thousand Two Hundred Three and 00/100 ($162,203.00) Dollars per year, due in monthly installments payable in arrears upon receipt of a proper Invoice from each LESSOR or a combined Invoice from both E LESSORS for the entire Premises identified in Exhibit "A-revised — 2nd Amendment", pursuant to the Florida Prompt Payment Act, Sections 218.70, Florida Statutes, et. seq. 0 Each LESSOR agrees that there will be one(1)comprehensive monthly rental payment for the entire Premises, which shall be made payable to Roberto Sanchez, Trustee, with said monthly rent payments sent to: Roberto Sanchez, Trustee P.O. Sox 414586 Miami Beach, Florida 33141 3. Exhibit "A" attached to the Lease Agreement, as amended, is replaced in its entirety with the attached new Exhibit"A—revised—2nd Amendment"and made a part hereof. 4. This Second Amendment shall be retroactive to June 1, 2019. 5. The remaining terms of the Lease Agreement dated January 10, 2019, as amended, not inconsistent herewith, shall remain in full force and effect. C 0 IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day and year first above written. 0 (SEAL) Roberto Sanchez, as Trustee, under ATTEST: that certain LAND TRUST AGREEMENT dated October 21, 1991, LESSOR BY: BY: U Printed Name: -A Pa" P,rin ed dame: Title: Title: > 4i C 0 2 Packet Pg. 706 C.23.a 0 U) SOUTHERNMOST DEVELOPMENT, INC., LESSOR ATTEST: 2 BY: �_... _ E : Printedrrt rin .. Title: Title: � -74 a� a� (SEAS) MONROE COUNTY BOARD OF � ATTEST: KEVIN tit , CLERK COUNTY COMMISSIONERS, LESSEE v Y: Y Deputy ClerkMayor/Chairperson 0 71ROE COUNTY ATTORNEY'S OFFICE w RPVEDAST r ASSISTANT, UNTYATrORNEY EABLES DATE, �. .._.. �. U Packet Pg. 707 C.23.a EXHIBIT A -- revised -r 2"d Amendment .2 T a� C4 OW Vd 'f {bd f 1 i wq� 46d Y l I l Packet Pg. 708 U) 0 0 oil IL 0 16 jn it gp q lit ts N g J 0 U) > Ile, C14 0) 1 4r OD4) 00 CL LL i 7-­ V. 0 C14 0) .59 z,I 1 1 IL t co ro NZ "EF fli r-«_77 Fa 0 en rn w Ln 0 w F-1 i4a w w v x w w w Packet Pg. 709 C.23.a _. u ;a '; �. 9:..�,?ar?,.u�k^r.wxw r�;/m.Gsa.fi%d`.knz..,iak9;�bi,"^✓r'v m. Smas ��, 'a a� n. 2 a b; 2- CL IJ ism C04 asYwi'w cRmB aM'&'aY-kp YySx�Bd. ._.,•",""•.' "`..•.'� r,a•.r+i M �y �&.� 4gig ! ® .. cy QU a LIN pg9 , ( IL a•. .tro! f JE ELXU v I® a o q q 8 a WU >G �-e o ,;. E ca i Packet Pg. 710 1 C.23.a i e � � r �v p rr 2� e ... "'1 ✓f p����i �� �� �i;r ��i A���,��f�it v��l r e'')N 2.i � d,t CN r_ 31 a � � 0 AC(� ZZ w. E AC a cy fi • ' �5 �m CN 4 a � W tJ� r� y am'.Wa $0"" > Key West.Prof lPlazaUnft 1 � f i ag Packet Pg. 711 cougra O p'S,UYc •�� Kevin Madok, cPA •;O 30 ..... �� Clerk of the Circuit Court&Comptroller—Monroe County, Florida NRoe cour� DATE: July 12, 2019 a TO: Kevin G. Wilson, PE Assistant County Administrator U) U) A=: Alice Steryou Contract Monitor a. FROM: Pamela G. Hanc c C. U) SUBJECT: May 22" BOCC Meeting Enclosed is a duplicate original of the following item for your liandling: C2 1 st Amendment to Lease Agreement with Roberto Sancliez,Trustee of certain Land Trust dated October 21, 1991, and Southernmost Development, Inc., reducing die square footage a. of office space from 4,339 square feet to 3,559 square feet at die Professional Plaza Building in Key West for tie Public Defender's office. Should you have any questions, please feel free to contact me at(305) 292-3550. 0 r- cv LO LL cv cv cv LO cc: County Attorney 0 Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 712 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO THE LEASE AGREEMENT is made and entered into this day ojApfi;2019, by and between Roberto Sanchez, as Trustee under that certain Land Trust Agreement dated October 21, 1991, (FEID 65-6026453), a "Land Trust", whose address is P.O. Box 414686, Miami Beach, Florida 33141 ("LESSOR)", and Southernmost Development, Inc., a for profit corporation incorporated in the State of Florida, whose address is P.O. Box 414586, Miami Beach, Florida 33141 ("LESSOR)", and the BOARD of COUNTY COMMISSIONERS for MONROE COUNTY, a political subdivision of the State of Florida, whose address U) is 1100 Simonton Street, Key West, Florida 33040, ("COUNTY" or"LESSEE") WHEREAS, the Lessors and Lessee entered into a Lease Agreement dated January 10, 2019, ("Lease Agreement"); and WHEREAS, the Lessors and Lessee have agreed to revise the description of the suites, which are included as part of the premises, in the Lease; and WHEREAS, LESSOR, Roberto Sanchez, as Trustee under that certain Land Trust Agreement dated October 21, 1991, owns Suites 301, 310, and 311; and LESSOR, °2 Southernmost Development, Inc., owns Suite 302; and WHEREAS, the Lessors and Lessee have agreed to adjust the rent based on the adjusted lease area included in the revised description of the premises; and 0 NOW,THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the Lessors and the Lessee agree as follows: 1. Paragraph 1, PROPERTY, of the Lease Agreement,,shall be replaced completely with the following: 1. PROPERTY. LESSORS lease exclusively to the COUNTY the Suites LO identified as 301 and part of 302, part of 310, and 311 of the building known as the Key West Professional Building located at 1111 12th Street, Key West, Florida 33040, as more particularly shown on Exhibit "A-revised — 1st Amendment", hereafter the "Premises," containing 2,339 square feet; 220 square feet; and, 1,000 square feet, respectively. Exhibit"A-revised" is attached hereto and made a part of this Agreement. 2. Paragraph 4.A., RENT, of the Lease Agreement,. shall be replaced completely with the following: 4. RENT, A. Forthe use of the Premises, the LESSEE must pay the LESSORS the total rental sum of One Hundred Twenty-six Thousand Six Hundred Twenty-three and 00/100 ($126,623.00) Dollars per year, due in monthly installments payable in arrears upon receipt of a proper Invoice from each LESSOR or a combined Invoice from both LESSORS for the entire Premises identified in Exhibit "A-revised — 15t Amendment", Professional Plaza Lease First Amendment i pag Packet Pg. 713 pursuant to the Florida Prompt Payment Act, Sections 218.70, Florida Statutes, et. seq. Each LESSOR agrees that there will be one(1)comprehensive monthly rental payment for the entire Premises, which shall be made payable to Roberto Sanchez, Trustee, with said monthly rent payments sent to: Roberto Sanchez, Trustee P.O. Box 414586 Miami Beach, Florida 33141 3. Paragraph 7.A., INSURANCE, of the Lease Agreement, shall be replaced completely with the following: I- IL 7. INSURANCE. U) A. LESSORS 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 LESSORS 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 LESSORS, its officers, employees, and agents. Any insurance proceeds from proper insurance policies maintained by LESSORS will be used to restore the building and Premises to its pre-loss state, unless this Lease is terminated E pursuant to Paragraph 12 of the Lease Agreement. 4. Exhibit "A" attached to the Lease Agreement is replaced in its entirety with the attached new Exhibit "A—revised - 1st Amendment" and made a part hereof. 5. This First Amendment shall be retroactive to February 1, 2019. 6. The remaining terms of the Lease Agreement dated January 10, 2019, as amended, not inconsistent herewith, shall remain in full force and effect. LO IN WITNESS WHEREOF, the parties have hereto set their hands and seals the day and year first above written. (SEAL) Roberto Sanchez, as Trustee, under ATTEST: that certain LAND TRUST AGREEMENT dated Octo 1, 1 LESSO BY. BY: Prin d Nam Printed Name: Title: Title: s TAG= Professional Plaza Lease First Amendment � page Packet Pg. 714 (SEAL) SOUTHERNMOST DEVELOPMENT, INC., LESSO ATTEST: BY: B % / � Printed Nangi f P ame: 1 �z Title: Title: � � IL U) MONROE COUNTY BOARD OF KEVIN.MADOK, CLERK COUNTY COMMISSIONERS, a LESSEE 4u� 2 BY: Deputy Cleric Mayor/Chairperson MONROE COUNTY ATTORNEY'S OFFICE ,PR(MIgv�r Fo PATRICIA EABLES ASSISTANTCOU ATf HNEY [1LO DATE. ,. — . . N �C—w C i N Professional Plaza Lease First Amendment 1 Pag Packet Pg. 715 EXHIBIT A — revised — 1st Amendment a C aU) U) T 0 L- CL U) C CL C 0 C 0 C L CD 0 C 0 4i C 0 0 1 I Packet Pg. 716 C.23.b A CERTIFICATE OF LIABILITY INSURANCE °A3.2"6 ,9'"Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL-INSURED,the policy(tes)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Key West Insurance FAX: 646 United Street,Suite 1 PHONE t,305-294-1096 Arc No)c 954-7352852 Key West FL 33040 DORIL s• certificates atewa ins:COm INSURER(S)AFFORDING COVERAGE NAIC0 INSURER A:Burlington Insurance Company 23620 INSURED ROEESAN-CD INSURERS: O Roberto Sanchez,Trustee U) PO Box 414586 INSURER C: U) Miami Beach FL 33141 INSURERD: 0- INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:.66030438' REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFF. POLICY FI(P LTRR TYPE OF INSURANCE DL SueR-imaimal POLICY NUMBER Mafl1DDNYYY POLO LIMITS � A GENERAL LIABILITY Y 7218002116 3=019 SIM020 EACH OCCURRENCE I S 1,000,000 X ANIA tff); Qf COMMERCIAL GENERAL LIABILITY PREMISES Ea o=rr ncel 1$100.000 CLAIMS-MADE 7 OCCUR MED EXP(Any ate Perswr) I S 5,00-0 PERSONAL 3 ADV INJURY 151.000.000 GENERAL AGGREGATE $2.000.000 0 GERL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $2.000.000 X POLICY PRO-' n LOC S AUTOMOBILE LIABILITY 0NIBINE0 L MI S ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED 13 AUTOS AUTOS �Y At BODILY INJURY(Perecddent) S NON-OWNED f PROPERTY'DAMA BY GE HIRED AUTOS AUTOS ,. Pcrcidwi 5 I ." aa n s UMBRELLA LIABH OCCUR I QA Yg EACH OCCURRENCE S EXCESS LUIB CLAIMS-MADE WA11fER AGGREGATE S H— DEDT7RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN - AMIT I �R ANY PROPRIETORIPARTNERIEXECU IVE EL EACH ACCIDENT S OFFICERIMEMBEREXCLUDED? NIALO (Mandatory In 14M E L DISEASE-EA EMPLOYEE S if yes 1PTIlbeOFO EL DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS below � DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Ram*s Schedule,9 mom space Is requind) Certificate holder is listed as additional insured with respect to the general liability as required by written contrail. LL CERTIFICATE HOLDER :CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHOR®REPRESENT TIVE Key West FL 33040 I ®1988-2010 ACORD CORPORATION. All rights reserved. e!'.nRn 9F r9n4A/nna Tlw arewn n'mn anti Inn^acre bniela►ati marl,&.d APnon Packet Pg. 717 C.23.b ACCOR o® EVIDENCE OF PROPERTY INSURANCE 77/11/2019 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHO COMPANY A/C NE No Ext:305-294-1096 Key West Insurance Great American Insurance Co. Y P.O.Box 719 646 United Street,Suite 1 Hartford CT 06142-0719 Key West,FL 33040 alc No):954-735-2852 ADDRESS:certificates atewa ins.com CODE: SUB CODE: AGENCY CUSTOMER ID#:KEYWEPR-CD INSURED LOAN NUMBER POLICY NUMBER °U) Key West Professional Plaza, Inc. U) c/o Roberto Sanchez MAC200988010 PO Box 414586 EFFECTIVE DATE EXPIRATION DATE O Miami Beach,FL 33141 CONTINUED UNTIL 10/21/2018 10/21/2019 El TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: t� U) PROPERTY INFORMATION LOCATI ONIDESC RIPTI ON 1111 12th Street,Key West,FL 33040 2 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE I PERILS 1 FORMS AMOUNT OF INSURANCE DEDUCTIBLE Building,Special,RC,Coinsurance 90%, 8,500,000 5,000 r- Business Income with Extra Expense 400,000 72 hours Wind Only,Citizens Policy#00040026,RC 1,000,000 3% cv Flood Only,Wright Flood Policy#09115045454708 500,000 1,250 cv cv cv REMARKS(including Special Conditions RISK MA *TT 1SY DATE WAIVER MI YES— CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ru ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN# Monroe County Board of County Commissioners(BOCC) 20058868 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West,FL 33040 ACORD 27(2009/12) ©1993-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 718 leu0isselOJd ;e esee-1.lapuejea 0ilgnd 044uauapuewV puZ) MZ/ZZ/504uauapuewv 4sJ'=l :4uewLj3e44V a, ri ti N ci li r (D a I ' 1 I nl rs C) k cu M m I T CL 1 141 1 1 -0 1-,'1 C1 t ���f; 1 ! u4j1 0 fll Ry m D CT , a I I m rn LLJ Ul I ' 1 w � 1 i I ` 1 N 1 i Y 1 1 —Y E ...------- � 4 leu0isselOJd ;e esee-1.Eapuejea 0ilgnd 044uauapuewV puZ) MZ/ZZ/504uauapuewv 4sJ'=l :4uewLj3e44V c ri ti N ci a r m a i i ry w m a m F- +� _ x r ! u.r ! r I { 1 I 1 r ,! 1 A r 1 rP r i r r 3 r r A L`r?r r F F I r r 9 � 1 E r f leuDisselOJd ;e esee-1 aapuejea oilgnd a;;uauapuewV puZ) MZ/ZZ/504uauapuewv 4said :4uewLj3e44d ri ti N ci . I,GIIGG Q ;e cc a ,10 G ILz Ln CP m C 1�p 6 h} N d m Y ugt Mi rn- 01I , w Y ✓, III ,E b Tb in F, b • L b r IID G I� M y IIIGG ,t Ln Ll Mn.e to IE r- F LL © a r7 III,E 6D r C.T r m o ,10,E G Ey �o W ® , !10 1 4 Y 1 GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN DATE: January 29, 2019 TO: Alice Stervou Contract Monitor FROM: Pamela G. Hancock, D.C. U) 0 SUBJECT: January 23`d BOCC Meeting IL Attched is an electronic copy of Item C11, Lease with Roberto Sanchez, Trustee of a certain Land Trust dated October 21, 1991, and Southernmost Development, Inc., for 4,339 square feet of office space at the Professional Plaza Building in Key West for the Public Defender. 'a Annual cost of the lease is $154,374.00 (is paid from ad valorem funds),for your handling. ,r- as Should you have any questions,please feel free to contact me at (305) 292-3550. Thank 2 you. IL cv cm cv cv cc: Facilities Supervisor U) Countv Attorney Finance File E E KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 722 -"= C.23.c LEASE AGREEMENT This Agreement is made and entered this d�da -� 20 b Roberto Sanchez, as Trustee under that certain and r st reement dated October 21, 1991, (FEID 65-6026453), a "land trust", whose ad Tess is P.O. Box 414586, Miami Beach, Florida 33141 ("LESSOR)", . and Southernmost Development, Inc., a for profit corporation incorporated in the State of Florida, whose address is P.O. Box 414586, Miami Beach, Florida 33141 ("LESSOR)", and the BOARD of COUNTY COMMISSIONERS for MONROE COUNTY, a political U) subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, ("COUNTY" or "LESSEE"). WHEREAS, LESSORS own an office building situated at 1111 12th Street, Suites 301, 302, 311, and 312, Key West, Florida 33040; and WHEREAS, LESSOR, Roberto Sanchez, as Trustee under that certain Land Trust Agreement dated October 21, 1991, owns Suites 301, 311, and 312; and LESSOR, Southernmost Development, Inc., owns Suite 302; and WHEREAS, the COUNTY requires office space for the Monroe County Public Defender's Office; a. 0 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION CONTAINED HEREIN, THE PARTIESAGREE: 1. PROPERTY. LESSORS lease exclusively to the COUNTY the Suites E identified as 301 and 302, 311, and 312 of the building known as the Key West Professional Building located at 1111 12th Street, Key West, Florida 33040, as more particularly shown on Exhibit"A", hereafter the"Premises,"containing 2,339 square feet; 1,000 square feet; and, 1,000 square feet, respectively. Exhibit "A" is attached hereto and made a part of this Agreement. 2. INITIAL TERM AND RENEWALS. The initial term of this Agreement is from February 1, 2019, through January 31, 2022, unless earlier terminated as provided in Paragraph 13, of this agreement. Should the Premises become available for the Public Defender's office to be moved in at any date other than February 1, 2019, 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 January 31, 2022. This Lease may be renewed between the parties for three (3) additional, three (3) year terms. Either party may request an extension of term no later than sixty (60) days prior to expiration of the current term for a three-year extension, by giving written notice to the other party. Thereafter three-year extensions may be requested in the same manner and by mutual agreement of the parties, provided LESSEE is not in default. 3. USE AND CONDITIONS. A. The Premises shall be used solely for the operation of the Public Defender's office. If the Premises are used for any other purpose, the LESSORS shall have the 1 Packet Pg. 723 option of immediately terminating this Agreement. LESSEE shall not permit any use of the Premises in any manner that would obstruct or interfere with any of the LESSORS' duties as owners and LESSORS to maintain the building. B. The LESSEE will further use and occupy said Premises in a careful and proper manner, and not commit any waste thereon. LESSEE will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the Premises. Any activities in anyway 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, 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 LESSORS may from time to time impose regarding such use. LESSORS have the right to close off common areas from time to time for repairs and maintenance and other reasonable purposes. IL 4. RENT, A. For the use of the Premises, the LESSEE must pay the LESSORS the total rental sum of One Hundred Fifty-four Thousand Three Hundred Seventy-four and 00/100 ($154,374.00) Dollars per year, due in monthly installments payable in arrears upon receipt of a proper Invoice from each LESSOR or a combined Invoice from both LESSORS for the entire Premises identified in Exhibit "A", pursuant to the Florida Prompt Payment Act, Sections 218.70, Florida Statutes, et. seq. Each LESSOR agrees that there will be one (1) comprehensive monthly rental payment for the entire Premises, which shall be made payable to Robert Sanchez, Trustee, with said monthly rent payments sent to: Roberto Sanchez, Trustee Pti.O. Box 414586 Miami Beach, Florida 33141 B. On the 1st day of February, 2020, and annually thereafter, there shall bean adjustment to the base rent which shall be derived by taking the preceding year's rent and increasing the same by three percent(3%) or the percentage change of the-Consumer Price Index for the preceding twelve (12) months ending in the preceding December, whichever is lower. "Index" shall mean the "Consumer Price Index for Urban Wage Earners and Clerical Workers, U.S. City Average, all items (1967=100) Not Seasonally Adjusted" 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 2 Packet Pg. 724 C.23.c 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 U) 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 Public Defender's Office acquires adequate office space in a County-owned or State-owned building, this lease may be terminated by the LESSEE providing to LESSORS at least six (6) 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. 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 $154,374. Should the common area and operating expenses demonstrably increase more than 3% in any year, County shall not withhold approval of any reasonable amendment to address economic changes. 5. TAXES.The LESSEE is exempt from all taxes, including any sales or use tax, levied by any government agency. 6. UTILITIES. The LESSORS shall pay all charges for water, solid waste, and sewage, and the LESSEE shall pay for all electrical services used at the Premises during the lease term. 7. INSURANCE. A. LESSORS 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 LESSORS 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 LESSORS, 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, Fla. Stat. 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 LESSORS 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 3 z�7 Packet Pg. 725 of this Agreement. If the insurance policies originally purchased which meet the requirements of this Lease are canceled, terminated, or reduced in coverage, then the LESSEE must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the COUNTY whenever acquired or amended. 8. CONDITION OF PREMISES. 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 LESSORS in the same good order and condition as the Premises were on the commencement of the term, normal wear and U) tear excepted. The LESSEE Is solely responsible for any improvements, other than those specified herein, which are placed on the Premises. 9. IMPROVEMENTS. No structure or improvements of any kind shall be placed upon the land without prior approval in writing by the LESSORS, 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'sole cost and expense, by midnight on the day of termination of this Agreement or extension hereof, and the land restored as nearly 2 as practical to its condition at the time this agreement is executed unless the LESSORS accept in writing delivery of the Premises together with any structures or improvements constructed by LESSEE. Portable or temporary advertising signs are prohibited. 10. MAINTENANCE. LESSEE, at LESSEE'S expense, shall maintain the interior of the Premises, and shall make all necessary repairs therein, including without limitation, E 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. LESSORS are responsible to maintain and repair the exterior walls and roof of the building, as well as the electrical wiring, the plumbing system serving the Premises, and the air conditioning water tower equipment. 11. SIGNS. LESSEE may install a sign no larger than 2 feet by 3 feet which may be placed near one of the doors to the common hallway of the building to denote the Public Defender's Office. LESSORS shall provide a listing in the Building directory for the Public Defender'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 LESSORS 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 LESSORS and this lease shall continue in full force and effect except as hereinafter set forth. a Packet Pg. 726 • C.23.c B. If the Premises are partially damaged or rendered partially unusable by fire or other casualty insured under the coverage obtained by the LESSORS, the damages thereto shall be repaired by LESSORS, to the extent insurance proceeds are available. LESSORS will make the repairs and restorations with all reasonable expedition, subject to delays due to adjustment of insurance claims, labor troubles, and causes beyond LESSORS' control. After any such casualty, LESSEE will cooperate with LESSORS' restoration by removing from the Premises as promptly as possible, all of LESSEE'S salvageable inventory and moveable equipment, furniture, and other property. U) 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. U) (2) Partial Destruction. If the Premises be so damaged that the LESSORS shall decide to demolish it or rebuild it, then, in such events, LESSORS 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 sixty (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 LESSORS' 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 LESSORS 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 LESSORS will not be obliged to repair any damage thereto or replace the same. Except as expressly provided herein to the contrary, this Lease shall not terminate nor shall there be any abatement of rent as a result of a fire or other casualty which is the fault of, or caused by the LESSEE. LESSEE shall be responsible to insure the improvements and repairs which LESSEE provides to the Premises. 13. EVENTS OF DEFAULT. The occurrence of any of the following shall constitute an event of default hereunder: A. Discontinuance by LESSEE of the conduct of its business in the Premises, for a period of thirty(30) 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. 5 Packet Pg. 727 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 (30) days or longer. a E. LESSEE'S failure to perform any non-monetary covenant or condition of this Lease within ten (10) days after written notice and demand. a� F. LESSOR'S failure to comply with any of the terms herein. 14. RIGHTS OF LESSORS 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 Paragraph 13, the LESSORS, 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 LESSORS or within the sole discretion of LESSORS the Premises may be re-let for the account of the LESSEE. C. In the event of LESSORS'termination of this lease for LESSEE' breach hereunder, in addition to any other remedy otherwise available at law or equity, LESSORS may recover from LESSEE. all damages incurred by reason of such breach, including the cost of recovering the Premises. 15. RIGHTS OF LESSEE UPON DEFAULT BY LESSORS. In the event of LESSORS breach of its obligations and duties under this agreement, LESSEE shall give the LESSORS notice in writing of said breach and allow LESSORS 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 (30) days' written notice to the LESSORS. In addition to any other remedy otherwise available at law or equity, LESSORS may recover from LESSEE all damages incurred by reason of such breach, including the cost of relocating to new premises. 16. ATTORNEY'S FEES AND COSTS. Each party shall be solely responsible for the costs of its own attorney's fees incurred in connection with the preparation and review of this Lease for execution. If any action at law or inequity 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 6 Packet Pg. 728 •, C.23.c prevailing party shall be entitled to recover from the other party, reasonable attorney's fees and costs, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. 17. INDEMNIFICATION ! HOLD HARMLESS. Subject to Section 768.28, Florida Statutes, LESSEE shall indemnify and hold harmless LESSORS 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 LESSORS against and from U) 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 the consideration to LESSORS, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, from any cause other than LESSORS' negligence, and LESSEE hereby waives all claims in respect thereof against LESSOR. 18. WAIVER.The failure of either the LESSORS or LESSEE to insist in any one or more 2 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 E and effect with respect to any subsequent breach, act, or omission. 0 19. LIENS. LESSEE further agrees that LESSEE will pay all of LESSEE'S contractors, subcontractors, mechanics, laborers, materialmen, and all others, and will indemnify LESSORS 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 LESSORS 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. 0 The LESSEE herein shall not have any authority to create any liens for labor or material on the LESSORS' interest in the above-described property, and all persons contracting with the LESSEE for the doing of work or the furnishing of any materials on or to the Premises, and all materialmen, contractors, mechanics, and laborers, are hereby charged with notice that they must look to the LESSEE only to secure the payment of any bill for work done or materials furnished during the term of this Lease. 0 20. EFFECT OF LESSEE'S HOLDING OVER. Any holding over after the expiration of the term of this Lease, with the consent of LESSORS, 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. 7 .) I Packet Pg. 729 • C.23.c 21. PEACEFUL POSSESSION. So long as LESSEE pays all of the rent and charges due and performs all of LESSEE'S other obligation's hereunder, LESSEE shall peaceably and quietly have, hold, and enjoy the Premises throughout the term of this Lease, without interference or hindrance by LESSORS. 22. TRANSFER BY LESSORS. In the event of termination of LESSORS' ownership of the Premises by operation of law or by bona fide sale of the Premises or for any other reason, then LESSORS shall be released from all liability and responsibility hereunder. In such event, LESSORS' successor, by acceptance of rent from LESSEE, shall become U) liable and responsible to LESSEE in respect to all such obligations of LESSORS under this Lease. This Lease may be assigned by the LESSORS in which case, LESSEE, upon request by LESSORS, 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. C 23. ASSIGNMENT OR SUBLET BY LESSEE. LESSEE may not assign this Lease in whole or in part, nor sublet any portion of the Premises, without LESSORS' prior written consent, which consent may be arbitrarily withheld. A. The LESSEE and signatory to this Lease, and any subsequent assignees or sublessees, shall remain liable to LESSORS 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 LESSORS expressly release said LESSEE, assignee, or sublessee from liability under this Lease, and such liability shall not be in any way_affected or reduced by any modification of the Lease between LESSORS and the occupant assignee, even if such modification is made without the prior Lessees' consent. B. LESSORS' 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 LESSORS to deny such consent pursuant to the provisions hereof. Furthermore, LESSEE understands and agrees 0 that, should LESSORS approve any assignment or sublease, LESSORS 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. U) 24. SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT. A. Subordination by LESSEE, LESSEE hereby subordinates its rights hereunder to the lien of any mortgage or mortgages, or the lien resulting from any other method of financing E 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 LESSORS as Attorney-In-Fact for LESSEE, with full power and authority to execute and deliver, in the name of LESSEE, any such instrument 8 Packet Pg. 730 •, C.23.c or certificates. B. Estoppel Certificate.Within ten (10) days after request by LESSORS, or in the event that, in connection with any sale, assignment, or hypothecation of the Premises by LESSORS, 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 LESSORS, certifying (if such be the case)that this Lease is in full force and effect and that there are no defenses or offsets thereon, or stating those claimed by LESSEE, as long as those are factual statements when made. C. Attornment. In the event of a sale or assignment of LESSORS' 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 LESSORS hereunder. LESSEE shall execute, at LESSORS' request, any attornment agreement required by any mortgagee, or other such person containing such provisions as such mortgagee or other person requires. 25. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent 2 by certified mail, return receipt requested, to the following: 0 LESSOR:, COUNTY/LESSEE: Roberto Sanchez, Trustee County Attorney .P.O. BOX 414586 P. O. Box 1026 Miami Beach, FL 33141 Key West, FL 33041-1026 LESSOR: And Southernmost Development, Inc. County Administrator P. 0. Box 414586 1100 Simonton Street Miami Beach, FL 33141 Key West, FL 33040 26. NON-DISCRIMINATION. LESSORS 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 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. Lessors and Lessee agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination 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, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse 9 Packet Pg. 731 .R Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 (PL 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 ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (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 time to time, relating to nondiscrimination on'the U) basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, 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 Lease. 27. GOVERNING LAWSNENUEIWAIVER OF JURY TRIAL, This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. LESSORS 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. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. LESSORS and LESSEE agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Lease or by Florida law. 30. CODE OF ETHICS. LESSEE agrees that officers and employees of the LESSEE recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 31. PUBLIC ACCESS. The LESSORS and LESSEE shall allow and permit reasonable access to, and inspection of, all documents, papers, letters, or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LESSORS and LESSEE in conjunction with this Lease; and the Lessee shall have the right to unilaterally cancel this Lease upon violation of this provision by LESSORS. 10 Packet Pg. 732 •, C.23.c 32. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity,and no member, officer, agent, or employee of Monroe County shall be liable personally on this Lease, or be subject to any personal liability or accountability by reason of the execution of this Lease. ° 33. CONSTRUCTION. This Agreement has been carefully reviewed by the LESSORS and the LESSEE. Therefore, this Agreement is not to be construed against any party on the basis of authorship. U) 34. FULL UNDERSTANDING, This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) Roberto Sanchez, as Trustee, under ATTEST: that c AND TRUST AGREEMENT ED Octo er 2 , 1991, LESSOR BY: Pri ted Nam =�� Printed Name:` �72� ylc�c��- Title: Title: Ir- CD (SEAL) SOUTHERN ST DEVE ENT, INC., ATTEST: LESSO S BY Printed Nam am Title: Title. 1� Packet Pg. 733 •, � C.23.c a�'.��h MONROE COUNTY BOARD OF ° �, ATTEST�1-�CEVIN MADOK, CLERK COUNTY COMMISSIONERS, LESSEE BY: BY: Deputy Clerk ayor/Chairperson U) U) 0 MONROE COUNTY ATTORNEY'S OFFICE ,�CtF,IOVSD AS TO FORM (1 to,}, .z? f i PATRICIA EABLES ASSISTANT C4UN.MATTORNEY DATE: !I �� cv cv m N ' CD cm a � o a r n 12 Packet Pg. 734 C.23.c EZ ° IL U) IL cv cv m cv CD r_ 0 U) 1ISIHX3 Packet Pg. 735 leu0issOIOJd W aseal aapuaIa(3 0ilgnd 04 4u8wPuOWV puZ) 660Z/£Z40 4UOWOOJBV aseal : OWLIOeW V M M f� N a. 44 a. wQQ 120W� i 13?�►, 7�.1;1:1 �t -!:3iE4� a _ ! r` i - _ yr` �� �'�r ., `��.� �•. �. •i !•y-•_>}� �� ,', iti l�l 1 !• ��-•f( -. 14t", � �.t{1-�1 I '. _J {• .r::?•ter 1 41.1. •f��;i ���c. =,7 i I.l!-,�� .!�._-•,r__r_i/.. ,gin.. �:_� -�V-� ;, j ?I, 7 y�- t � it �F� ! r7••� r4 6,.,-- 4 f.+ `a 4'+ ' . 1.6 I l '� I c.��L_.i.1 � ��t "�---' f•N�'' ( `IL�_�z'�•1( "'�_r_..I � �'•r, .., 0 az� leu0issOIOJd le asea-1 aapuaIa(3 0ilgnd 04 4u8wPuOwV puZ) 660Z/£Z404u8w88JBv asea-1 4u8wLj3e44V ti V M M f� N CU _ d Li CL am ' a _--�t�---_— _ --- '_ _^- � �i• 1. . r OP EM zki y JJ� rL w� i4 p o a ��c �, A•JI I, S•i. sY.