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Item Q09
Q.9 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 October 16, 2019 Agenda Item Number: Q.9 Agenda Item Summary #6169 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Patricia Eables (305) 292-3477 N/A AGENDA ITEM WORDING: Approval of Eighth Amendment to the Proplaza, LLC Lease Agreement increasing the leased space by 1,240 square feet for the County Attorney's office space thereby increasing the rent, which includes the 3% annual rent adjustment. ITEM BACKGROUND: On July 18, 2007, due to the hazardous conditions that existed as a result of the structural deterioration of the building formerly housing the County Attorney's Office, the BOCC approved a Lease Agreement for office space to house the County Attorney's Office in Suite 4408 of the office building located at 1111 121' Street in Key West until office space could be made available in a County building. The Lease was renewed annually until July 15, 2015, when the lease term was extended for three (3) years and an annual rent increase of 3% was fixed. After alternate space in a County building did not become available prior to the expiration of the lease on August 31, 2018, a Seventh Amendment to Lease Agreement was entered into extending the existing lease term for an additional five (5) years with a termination date of August 31, 2023, and maintained the annual rent increase at a fixed 3%. The provision whereby the County may terminate the agreement with six (6) months' notice should County-owned or State-owned office space becomes available is still maintained in the Lease. There is no such office space anticipated to be available in the near future. Suite 410 in the Professional Building, which is adjacent to the County Attorney's Office, recently became available to rent. The County Attorney's Office could utilize the additional 1,240 square feet, having expanded to incorporate Risk Management and other personnel since the original lease was signed. Proplaza, LLC, as Lessor, has agreed to reduce the rental amount from $41.19 to $39.00/square foot if both suites are rented for a total square footage of 5,640. This would increase the monthly rental amount from $15,102.70 to $18,330.00 effective November 1, 2019. Staff seeks approval of the Eighth Amendment to the Lease which amends the original Lease to include the additional space, increases the rental amount while maintaining the fixed 3% annual increase, and revises Exhibit"A" to include Suite 410. The current rent is $181,232.44/year and $15,102.70/month effective 9/1/19. The new rental amount with the additional square footage would be $219,960.00/year and $18,330.00/month effective Packet Pg. 2306 Q.9 11/1/19; $226,558.80/year and $18,879.90/month effective 9/1/20; $233,355.56/year and $19,446.30/month effective 9-1-21; and $240,356.23/year and $20,029.69/month effective 9-1-22. For the five-year period from 9/1/19 through 8/31/23, the total rent would be $1,089,729.82 as opposed to the initial five-year rental amount of$934,162.75 without the additional square footage, which is an increase of only $155,567.07. PREVIOUS RELEVANT BOCC ACTION: 6/20/18 BOCC approved Seventh Amendment to Lease Agreement(5 year extension and maintained 3% annual rental increase) 7/15/15 BOCC approved Sixth Amendment to Lease Agreement (3 year extension and fixed 3% annual rental increase) 8/20/14 BOCC approved Fifth Amendment to Lease Agreement (reflecting change in ownership) 6/11/14 BOCC approved Fourth Amendment to Lease Agreement(1 year extension) 5/15/13 BOCC approved Third Amendment to Lease Agreement(1 year extension) 4/18/12 BOCC approved Second Amendment to Lease Agreement (1 year extension) 4/20/11 BOCC approved Amendment to Lease Agreement (1 year extension) 7/18/07 BOCC approved Lease Agreement CONTRACT/AGREEMENT CHANGES: Increases square footage and annual rent which includes adjustment of 3% . STAFF RECOMMENDATION: Approval. DOCUMENTATION: EXECUTED STAMPED Eighth Amendment to Lease with exhibit 10 2 19 7th Amendment 06202018 6th Lease Amendment Proplaza LLC 07-15-2015 5th Amendment 08202014 (Lessor change of ownership) 4th Amendment 05162014 3rd Amendment 05152013 2nd Amendment 04182012 1 st Amendment 04202011 12th street limited lease agreement 2007 FINANCIAL IMPACT: Effective Date: November 1, 2019 Expiration Date: August 31, 2023 Total Dollar Value of Contract: $1,089,729.82 for five (5) years Total Cost to County: $1,089,729.82 Current Year Portion: $217,282.60 (10/1/19—9/30/20) Budgeted: Yes Source of Funds: 001-67501-530440 CPI: 3% Packet Pg. 2307 Q.9 Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: No If yes, amount: Grant: N/A County Match: Insurance Required: Additional Details: Total annual rental amount of$181,232.44 effective 9-1-19,but this amount changes to $219,960.00 effective 11-1-19 with the 8th Amendment; $226,558.80 effective 9-1-20; $233,355.56 effective 9-1-21; and $240,356.23 effective 9-1-22, until termination on 8-31-23. Once the space is built out,it is anticipated that a portion of the increase in rent will be paid for out of the Risk Management Cost center (08501) once an apportionment can be determined. The new rental amount with the additional square footage would be $219,960.00/year and $18,330.00/month effective 11/1/19; $226,558.80/year and $18,879.90/month effective 9/1/20; $233,355.56/year and $19,446.30/month effective 9-1-21; and $240,356.23/year and $20,029.69/month effective 9-1-22. For the five-year period from 9/1/19 through 8/31/23, the total rent would be $1,089,729.82 as opposed to the initial five-year rental amount of $934,162.75 without the additional square footage, which is an increase of only $155,567.07. It is anticipated that at least some of the additional cost will be paid for by the Risk Management budget. 11/01/19 001-67501 - COUNTY ATTORNEY GENERAL $1,089,729.82 REVIEWED BY: Bob Shillinger Completed 10/01/2019 5:12 PM Patricia Eables Completed 10/01/2019 5:17 PM Budget and Finance Completed 10/01/2019 8:19 PM Maria Slavik Completed 10/02/2019 10:09 AM Kathy Peters Completed 10/02/2019 11:52 AM Board of County Commissioners Pending 10/16/2019 9:00 AM Packet Pg. 2308 Q.9.a EIGHTH AMENDMENT TO LEASE AGREEMENT THIS EIGHTH AMENDMENT (hereafter"Amendment") is made and entered into this 16th day of October, 2019, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040 (hereinafter"COUNTY" or"LESSEE"), and Proplaza, LLC, a Florida Limited Liability Corporation, whose address is 18 U Allamanda Terrace, Key West, FL 33040 (hereinafter"OWNER" or"LESSOR"). WHEREAS, on July 18, 2007, the parties entered into a Lease Agreement for office space situated at 1111 12`h Street, Suite 408, Key West, Florida 33040, expiring August 31, 2011; and WHEREAS, on April 20, 2011, the parties agreed to extend the Lease for a one-year term expiring August 31, 2012; and WHEREAS, on April 18, 2012, the parties agreed to extend the Lease for a one-year term expiring August 31, 2013; and a� a� WHEREAS, on May 15, 2013, the parties agreed to extend the Lease for a one-year term expiring August 31, 2014; and WHEREAS, on June 11, 2014, the parties agreed to extend the Lease for a one-year term expiring August 31, 2015; and x WHEREAS, on August 20, 2014, the Lease was amended to reflect the change in the underlying ownership of the leased property from 12"' Street, LTD. to Proplaza, LLC; and U) WHEREAS, the Lease dated July 18, 2007, provided that the Lease Agreement may be a extended in one-year intervals; and WHEREAS, on July 15, 2015, the Lease was amended to extend the Lease for a three (3) E year term commencing September 1, 2015, and terminating on August 31, 2018, in exchange for setting the annual rental increase at a fixed three percent (3110), and the Notice provision was also E amended to reflect a new address for LESSOR; and WHEREAS, in June 2018, LESSEE offered, and LESSOR agreed, to renew the lease for a five (5) year term in exchange for maintaining the annual rental increase at a fixed three percent (3%); and WHEREAS, on June 20, 2018,the Lease was amended to reflect the new five (5) year term (n commencing September 1, 2018, and terminating on August 31, 2023, and setting the annual rental increase at a fixed three percent (3%); and �s WHEREAS, LESSOR has now offered, and LESSEE has agreed, to increase the square footage of the Property leased from LESSOR by LESSEE leasing Suite 410, of the Key West Professional Building, 1 l 11 12"' Street, Key West, Florida 33040, which includes an additional E 1 Packet Pg. 2309 Q.9.a 1,240 square feet, which has now become available and is adjacent to' LESSEE's current leased space at Suite 408 in said building; NOW THEREFORE, IN CONSIDERATION of the mutual promises and consideration contained herein, the parties agree as follows: 0 Section 1. Paragraph 1 of the original Lease Agreement is amended to read: U 4- 0 1. PROPERTY. LESSOR leases exclusively to the COUNTY, the Suites 408 and 410 of the building known as the Key West Professional Building located at 1111 121"Street, Key West, FL 33040, as more particularly shown on Exhibit "A" Revised, hereafter the "Premises," containing 5,640 square feet. Exhibit "A" -- Revised is attached hereto and made a part of this Agreement. Section 2. Paragraph 2 of the original Lease Agreement, as amended, is amended to read: 2. TERM. The term of the Renewal shall be for five (5) years commencing on September 1, 2018, for Suite 408, and the term for Suite 410 shall commence on November 1, 2019, with both terminating on August 31, 2023, unless terminated earlier 0 under another paragraph of this agreement. Section 3. Paragraph 4A. and 4B. of the original Lease Agreement, as amended, are amended to read: x 4. RENT. A. Commencing on November 1, 2019, for use of the Premises the LESSEE must pay LESSOR the sum of$219,960.00 per year,which includes the annual 3%increase and based U) on a rate of $39.00 per square foot, due in monthly installments payable in arrears upon receipt of a proper invoice pursuant to the Florida Payment Act, Section 218.70, et seq., Florida Statutes. Rent Payments should be sent to: Proplaza, LLC 18 Allamanda Terrace Key West, Florida 33040-6203 B. On the I" day of September, 2020, and annually thereafter, there shall be an adjustment to the base rent which shall be derived by taking the preceding year's rent and a. increasing the same by 3%. Except as set forth in Sections one,two,and three of this Eighth Amendment to Lease Agreement, in all other respects, the original Lease Agreement dated July 18, 2007, and as amended on April 20, 2011, April 18, 2012, May 15, 2013, June 11, 2014, August 20, 2014, July 15, 2015, and June 20, 2018, not inconsistent herewith, shall remain in full force and effect. 2. Packet Pg. 2310 Q.9.a IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. e (SEAL) BOARD OF COUNTY COMMISSIONERS 0 ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Date e a� a� (CORPORATE SEAL) ATTEST: PROPLAZA, LLC Florida Limited Liability Company By. By: 4�9� a Witness Dr. Robin Lockwood, Manager U) Date 1 A, e MONROE COUNTY ATTORNEY-$OFFICE POIIED Al T, FORM PATRfCIA EAGLES I` ASSISTANT COUNTY ATTORNEY RATE. cas Packet Pg. 2311 Q.9.a EXHIBIT "A" - Revised 0 U 4- The attached drawing f o r S u i t e 4 0 8 depicts the general nature of the build-out, which shall include all work necessary to provide an office suite ready to move in, and specifically incudes: finishing doorways with wood frames, installing doors to offices (County to supply locking handles), installing drywall to create the additional 3 office spaces and bathrooms denoted on the attached drawing, completing air-conditioning ductwork, running channels for the County to install computer and phone connection lines, Installation of standard lighting, two bathrooms of which at least one shall be ADA compliant, a kitchen floor cabinet with sink, plumbing as necessary for the bathrooms and kitchen sink, installation of carpeting, and painting of walls. .2 as County shall be responsible for its technology lines and bookcases. x a U) 0 �s County ,tiornev ,.ease 121h StreeL K%V Pro9c, stional Bldg, Packet Pg. 2312 Q.9.a ?C 2 FF lu K I ~ =' Irj D q r� a� Y N R J R rn a� R � a 9® 4 9® ea o ` 9 9 1 r tr 9 +i `1 v N R � 6 9Y Q� Packet Pg. 2313 Q.9.a 3s's" 0 0 2cr 3- 0 C 1T 10" 4 � O O w. a r ip Q A Sir CD a 0, cv � r T 1d'T 1x8" 10'3" air 3 Key West Professional Plata Unit 410 1240 sq ft � 0 C C 0 u C 0 Packet Pg. 2314 v 3°. Kevin Maldolk, CPA Clerk of the Circuit Court& Comptroller c Monroe County, Florida DATE: June 25, 2018 TO: Kathy Peters, CP County Attorney's Office U) FROM: Pamela G. Hancock, D.C. SUBJECT: June 20' BOCC Meeting 2 Attached is an electronic copy Item P8, 7'Arnendrnent to Proplaza, LLC Lease 0 Agreement extending the lease for the County Attorney's Office space for five years, for your handling. c Should you have any questions,please feel free to contact me at ext. 3130. Thank you. 0 U 4- 0 cc: Finance File w 00 cv cv KEY WEST MARATHON PLANTATION KEY PKlROTH 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 Plantation 305-294-4641 305-289-6027 305-852-7145 305-8 Packet Pg. 2315 .. ... .. ::_...SEVENTH AMENDMENT TU.LEASE AGREEMENT THIS SEVENTH AMENDMENT (hereafter:"Amendment'') is made and entered Into ps this 20tt day of June,,2U1$, by and between Monroe+County,;a political sttlidtvrston of the State of Florida, those .:address..is l 00 Simonton 5 reel, Key West, FL: 330$0 (hereinafter .. . "COUNTY" ar"LESSEE");;and FcopI 'M LLC; a F1orFda Limited Liabiljty corporation; whose address �s 1111 12`h Street, Suite 212 Key!'West, FL 33040 :(hereinafter "OWNER" or "LESSOR") c� ;� HEREAS, on July 18, 2007, the parties entered into a lease for office.space situated at 1111 TZ`t`.Street,Suite 408,Key West,Florida 33040,exp�r�ng August 31,20I 1;and WHEREAS, on April 20, 2011, the partres agreed to extend the lease fcrr a one year term 12Ag nexQinng 3 WHEItEA$, an April 18,2(312,a6e parties agreed to extend the lease for a one,year term expiring August 31,2013,and WHEREAS, on May I.15, l013, the parties agreed to extend the lease fora one year term exptnng August 31,70141 and _ . WHEREA$, on June 11, 2014,c parties agreed to extend the lease for a one year term exptnng August 31,2©15,and a WHEREAS: on August 20, 2014, the Iease was amended:to reflect the change �n the th underlying ownership of the;leasea property from 12 Street, LTD to Proplaza,LLC,:and W WHEREAS, the lease dated July 18, 2007, provides that ;the lease agreement may be oo extended m one.yearintervals, ani3 w '['I�HEREAS,LESSEE has offered, and LESSOR had agreed, to renew the lease for a five ental increase at a f xed 3%(5) year term in exchan a for seltm the annual r g g NOW THEREFORE, IN CONSIDERATION of the mutual promises and consideration contained herein, the parties agree SeeHon l Paragraph 2 of the original agreement is.amended to read 2.S e.p.:t.ember.1,,2018.,,.and terminating on;Au gust 31 2023 r;fve befo (5:: inatcedmmelierin-uner ETERM ; The:term ofteenewal shall ) yearsoncg i duness term �another paragraph of;this agreement Section 2 Paragraph 4A of the on,inal Lease Agreementa is mended to read: 4 RENT. P7ge 1 of 2 Amc hdhie* &CAY Of lce.Space Lease - :::HOCC&2olt8 I Packet Pg. 2316 .. ::A Cornmenc�ng on Septe:`er 1, 2018, for um: of, the premises the LESSEE must pay L>✓SSOR the` um of::$175953 83 per year due in monthly mstallrnents payable in arrears upon receipt;of a proper nvotce pursuant to t11e.Florida Payment Act, Section 218 70, et stq,Flondatatutes:.Rent Payments should be sent to:' Proplaza,LLC _ .. 18 Al l am and a Terrace Key West,Florida 33040 6203 _. _ . .. . . Section'3 Paragraph 4B:of the original Lease Agreement is amended tq read 4 RENT: �s pq: 13 On the IS' day of September, 2019, and annually hereafter, there shall be :an adjustment to'the tease rent,wh ch:9 alt be derwed by:;talung he preceding year' :rent and increasing theaame:oy 3%vq. Except as set forth m;Sections one, two,and three of this Seventh Amendment to Lease':Agreement; _ . in all other respects, he original Lease Agreement dated July I8, 2007, and as amended on April 20, 2011, April .8, 2412,aYlay 15 20i3,dune 'li 1, 2014, August,2. 2014, and July 15 nconsistent;herew�th; shallremamin full:force and effect . .. Ili WITNESS �vVIIEI[tEd)F',each party;has caused this....greement to be executed by its representative: J � m BOARD OF COUNTY C4)MMISSI0NERS iV1ADOK,CLERK: Or, NION dOE COUNTY,FLORIDA .. 00 r - , .: :.. e ...a .... .._ '. .. .oar - ..... N .. .. :: :: By a:puty Clerk ::Mayor.. ` Date ...... {CORPORATE SEAL) ATTEST• PROPLAZA LLC Florida Limdted Ltab�hty Company BY $y VV�fness Dr Robih I ockwaaud lalanager Date NEY'S o MONROE COUNTY ATTOR OFFICE:: Page,2 of 2 A PRovEgASTo:F Amendineouto CAY Office Space Lease - A BOCC 6120118 RICI&EABA ASSISTANT C01J 1TORNEY :�7ATE Packet Pg. 2317 �r r r � r AMY REAV,ILIN, CPA ................I'll ............. CLERK OF CIRCUIT COURT & COMPTROLLER U) July 17, 2015 Bob Shillinger, County Attorney ATTN.- Kathy Peters 0 Cheryl Robertson Executive Aide to the Clerk of Courts & Comptroller 0 _____ .,,,,,,,,,,,,,,,,, .,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,........ At the July 15, 2015, Board of County Commissioner's meeting the Board grantedapproval and authorized execution of Item 2 Approval of Sixth Amendment to the Proplaza LLC, Lease A ee et E extending the lease for office space for the County Aorney's Office for three (3) years to expire August 31, 21 . LO Ir- LO �s Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any N questions,please feel free to contact my office. 0. 0 U) cc: County Attorney Finance (electronic copy) File e!or„unnY,rrr„ aw;eoircax�,rmnm var mr rc�rrar, .;!iouovrr,,vir,«iiiiiiiiiiiairir;rwrx oirainc rr rarrar>u,rarr mmru,rr.,uue.ru»inue rrcrrrr mam:rSrcrrrriorrrrrirnrwvarrrr nirr rrrr,rr. rr.rrrrGdi.rrr ri.mmu�omm� «roat,r,r masr,�>I rrmure ,rraau sruxmn, w ,uor rarrwm. 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117Overseas Highway,Marathon,FL 33050Phone:305-289-6027Fax.305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 Packet Pg. 2318 Q.9.c SIXTH AMENDMENT AND RENEWAL TO LEASE AGREEMENT HIS SIXTH !NDMENT (hereafter Amendment) is made and entered into this m" ay o , 2 , y Monroe County, a political subdivision of the S to o londa, whose address is 1100 Simonton Street, Key West, FL 33040 {hereinafter "COUNTY" or "LESSEE"), and Proplaza, LLC., a Florida Limited Liability corporation, whose address is 1111 12th Street, Suite 212, Key West, FL 33040 (hereinafter "OWNER"or"LESSOR"). WHEREAS, on July 18, 2007 the parties entered into a lease for office space situated at 1111 12t`Street, Suite 408,Key West, Florida 33040 expiring August 31, 2011; and WHEREAS, on April 20, 2011 the parties agreed to extend the lease for a one-year term expiring August 31, 2012; and U 0 WHEREAS, on April 18, 2012, the parties agreed to extend the lease for a one-year term expiring August 31,2013; and WHEREAS, on May 15, 2013, the parties agreed to extend the lease for a one-year term E expiring August 31, 2014; and WHEREAS, on May 20, 2014, the parties agreed to extend the lease for a one-year tern expiring August 31, 2015; and LO WHEREAS, on August 20, 2014, the lease was amended to reflect the change in the LO underlying ownership of the leased property from 12a'Street, LTD. to Proplaza, LLC; and �s WHEREAS, the lease dated July 18, 2007 provides that the lease agreement may be extended in one-year intervals; and N WHEREAS, LESSOR has provided LESSEE with an updated mailing address for receipt of rental payments; and WHEREAS, LESSEE has offered, and LESSOR has agreed to, renew the lease for a 3 year term in exchange for setting the annual rental increase at a fixed 3%; now therefore IN CONSIDERATION of the mutual promises and consideration contained herein, the parties agree: Section 1. Paragraph 2 of the original agreement is amended to read: 2. TERM. The term of the Renewal shall be for 3 years commencing on September 1, 2015 and terminating on August 31, 2018, unless terminated earlier under another paragraph of this agreement. Page 1 of 3 6'h Amend to CAY Office Space Lease(kp) BOCC 7/15/15 Packet Pg. 2319 Section 2. Paragraph 4A. of the original agreement is amended to read: A. Commencing on September 1, 2015, for use of the premises the LESSEE must pay LESSOR the sum of$161,022.68 per year due in monthly installments payable in arrears upon receipt of a proper invoice pursuant to the Florida Payment Act, Section 218.70, Florida Statutes, et. seq. Rent Payments should be sent to: 18 Allamanda Terrace Key West, Florida 33040-6203 Section 3. Paragraph 4B. of the original agreement is amended to read: c 4. RENT. B. On the 1st day of September, 2016 and annually thereafter, there shall be an adjustment to the base rent which shall be derived by taking the preceding year's rent and increasing the same by 3%. Except as set forth in Sections one, two and three of this Sixth Amendment and Lease Renewal Agreement, in all other respects, the original lease agreement dated E July 18, 2007 and the additional one-year lease extensions dated April 20, 2011, April 18, 2012, May 15, 2013 and May 28, 2014, as amended August 20, 2014, not inconsistent herewith, shall remain in full force and effect. LO Ir- CD Section 4. Paragraph 25 of the original agreement amended to read: LO 25. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: ! J N 0 LESSEE: 0. Dr. Robin Lockwood County Attorney dba Proplaza, LLC PO Box 1026 18 Allamanda Terrace Key West, Fl. 33040 Key West,Fl. 33040-6203 And E County Administrator U) 1100 Simonton Street Key West, Fl. 33040 Page 2 of 3 6'"Amend to CAY Office Space Lease(kp) BOCC 7/15/15 Packet Pg. 2320 Q.9.c IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. BOARD OF COUNTY COMMISSIONERS MY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA , 2 w By„ 'f ep Clerk Mayo.r:l amen Kolhage (CORPORATE SEAL) TEST: PROPLAZA LLC. 0 Florida Limited Liability Company , . . n „� Witness Dr. Rabin Lockwood,Manager LO Date LO �s N 0 I- "jj Page 3 of 3 6m Amend to CAY Office Space Lease(kp) BOCC 7/15/15 Packet Pg. 2321 Q.9.d AMY NEAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER r WNW COUNTY,FL0 W DATE: August 27, 2014 TO: Bob Shillinger, County Attorney ATTN. Kathy Peters 0 FROM: Lindsey Ballard, D.cvv At the August 20, 2014, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item M2 Fifth Amendment to the Proplaza LLC. lease to reflect a change in ownership. 3 0 4- 0 Enclosed are two (2) duplicate originals of the above-mentioned for your handling. Should you have any questions,please feel free to contact my office. 0 U) U) 00 cc: County Attorney Finance File LO 500 Whitehead Street Suite 101,PO Box 1980,Key West FL 33040 Phone:305-295-3130 Fax.305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax.305-852-7146 Packet Pg. 2322 FIFTH AMENDENT TO LEASE AGREEMENT PROPLAZA, LLC. U) THIS FIFTH AMENDMENT (hereafter Amendment) is made and entered into this 201h day of August, 2014, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040 (hereinafter "COUNTY" or "LESSEE"), and Proplaza, LLC., a Florida Limited Liability corporation, whose address is I I11 12ch Street, Suite 212, Key West, FL 33040 (hereinafter"OWNER"or"LESSOR"). c WHEREAS, on the 18th day of July 2007, the COUNTY entered in to a 4 year lease (hereinafter Original Lease) with a termination date of August 31St, 2011 with the LESSOR's predecessor in interest; and �s 0 WHEREAS, the County and the LESSOR's predecessor in interest entered into one year lease extensions dated April 20, 2011, April 18, 2012, May 15, 2013 and June 11, 2014; and E WHEREAS, LESSOR's predecessor in interest transferred all rights, title, interest and obligations to the leasehold by means of a Warranty Deed dated July 1st, 2014 attached hereto as Exhibit A. and made a part hereof; and WHEREAS, LESSOR's predecessor in interest operated under the business name of 12ch Street, LTD., and LESSOR will be operating under the business name of Proplaza LLC.; and 3 WHEREAS, the parties desire to update the lease to reflect the change in the underlying ownership of the leased property, now, therefore, IN CONSIDERATION of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, the parties agree as follows: U SECTION 1. Article 4. RENT, subparagraph A. of the original lease is amended to read as follows: 00 A. For the use of the premises, the LESSEE must pay the LESSOR the sum of $150,319.92 per year, due in monthly installments payable in arrears upon receipt of a proper invoice pursuant to the Florida Prompt Act, Section 218.70, Florida Statutes, et seq. Rent Payments should be sent to: Proplaza, LLC. `O 1111 12" Street, Suite 212 Key West, Fl. 33040 Packet Pg. 2323 Q.9.d SECTION 2. Article 25. NOTICES. is amended to read as follows: U) Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: LESSOR: COUNTY/LESSEE: Proplaza, LLC County Attorney 1111 12th Street, Suite 212 PO Box 1026 Key West, Fl. 33040 Key West, Fl. 33040 And 0 �s County Administrator 1100 Simonton Street Key West, Fl. 33040 SECTION 3. In all other respects, the original agreement dated July 18, 2007 and the lease extensions dated April 20, 2011, April 18, 2012, May 15, 2013 and May 28, 2014 not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF each party hereto has caused this agreement to be executed in licate by its duly authorized representative. Erb BOARD OF COUNTY COMMISSIONERS -`r a MY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA U) i ,B QoL By y Deputy Clerk Mayor Sylvia Murphy C14 Date >ltgLkJt, AV"', -2-Dly- 00 (COR AVES HERNANDEZ ATTE *g ,�= emission#EE 223737 PROPLAZA LLC. E)ires August 9,2016 eaWea,m,rmyr*m, 7019 Florida Limited Liability Company LO B By -A5�� XnA4� Witness Dr. Robin Lockwood, Manager Date / — 7 3 ' 1 ROE COQjbjTY N:I ;vrY PP�tOV r� FORM 2 PED J. MERCADO ASSISTAN Packet Pg. 2324 Date Q.9.d Doca 1990501 07/17/2014 2:08PM Filed 8 Recorded in Official Records of MONROE COUNTY AMY HEAVILIN U) 07/27/2014 2:08PM DEED DOC STAMP CL: MT $5,385.80 llrb IL Hughes SterlingCL Atterasy at Law ft0tftwwd d epeebwsod DOCU 1990501 6M lgwm ft 9teaet Bkp 2694 P9N 1228 Key Week IL MW 0 Fib Number: 1340-BJ VIE Cau No- Lse.e.Ab Mft uao for R@sw tan n ed Warranty Deed Tw wary Deed twods We Ij— day of j*.3em belwsen 12a 8tney La..a Ffodda Lmatw ftrbwddp, wbm Vaal ONO addn a ie PAX But 4145ti,Nlmk FL 33141,g<aa- ad Peeplan LLC,a L4erms limb InbStty � eoaip poet a fos addna b 111112tb araet.Sully M K"Walt.FL 33w%grandee: (Whmw d Immk do aamr Valor ad'saw`hmbxb ae do panto m di ho mat d do hdw.� *�ad adze of iadNidwtradd■aeeMaaieadaawoefeapaaUoar," Mtae- Wita ndk that acid grantor,thr and in oomddeadon of the seem of TEN AND N0I100 DOLLARS(S10A0)and other pod and vd ble ", to acid gwoar d had paid by said lamas,dw nodpt wbeof is bereiry ado owbdad, bat S<O,I aiaed.and aNd to do add a Pal,16 ad gtaalah hens and asdgia tiiravar,dw tAbrabg deer I p bad, skmele,binS ad bdog In Msarae Cody,Florida b Wt: 82Z ZMENT"A"ATTACHED Faaeal Ldeadaeridsa Nuaaber: 00066322-mid0 4- 9abjaet a aftUdws.Uolbidoe 0,r0hidioaa and awasab of rye. and town for the year 2014 and aabaagaaat years. This btitriaemt was prepawd wJfboat benefit of tas search or abNraet a and i•based � vd*an deb proviied by dtbw of the partly or hie w br a®mL U) Teptbr wkb all dw lumadalk betel axamb and appi Womose t waw belonging or In w wbe appapdabig. 0 To Have atad to HeK the esms in t w siapte hrow. And die graador beeaby ooveaaots with add ip W Ibat die Baylor ie hmd*seined of add hod to the sbrp*that der grantor has and right and bwN andio*to wD and convey said but that the grantor hereby t*w - no the We to said 00 Ind and wN daRad the wale mph*the bm" ddma of all peso 0 whoaiaomer; end that acid had is ties of al raeambraaoea,eiooept does wbaegmd to Deaetbr 31,201& 1A Wtbaaa WbreK graaoa baa baroaeto sot senators band and red die dap dad year 69 above wrklen. eo EXHIBIT ooaet.�a.. 9 Packet Pg. 2325 Q.9.d DocN 1990501 BkN 2694 P90 1229 Signed,sealed and delivered in our presence: 12th tteCt,L CL B . Ro r�, Partner � Witness Name: j Uam I State of Florida County ofibEeeeae rwa",!- Lccc�Q_ 0 The foregoing instrument was acimowledged before me dais �V1 day of July,2014 by Roberto Sanchez,as General Partner of 12th Sold,Ltd.,ad Florida limited Partnership he U is personally Imown to me or[X]has produced a drivel's license as identification. Gz� ��.-►+ [Notary Seal] Notary Public y� Printed Na :meict( �i S �n n 1U�0.t`C rr4 as I+II,,•, PHYLLIS ANN MARCIAL Notary Public-State of Florida My Commission Oti _• My Comm.Expires Feb 3.2017 Commission#F EE 842744 BOAded Through National Notary Assn. 0 4- 0 0 m 0 U) U) 0 cv CD cv 00 CD era m ArmrmrW Deed.pop 2 DoubNTlmea Packet Pg. 2326 • Q.9.d Doa 1990501 Bk# 2694 P9H 1230 EIS=IT"A" LEGAL DESCRIPTION Unit 407, Key West Professional Plaza, a Condominium, according to the Declaration of Condominium thereof and exhibits attached thereto as recorded in Official Records Book 921, at Page 654,of the Public Records of Monroe County, Florida, and any amendments thereto, together with all appurtenances thereto, including and undivided interest in the common elements thereto. 0 0 0 3 0 4- 0 0 U) U) cv cv 00 LO MONROE COUNTY OFFICIAL RECORDS Packet Pg. 2327 Q.9.e AMY NEAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER M M E COMM,RAM DATE: August 6, 2014 TO: Bob Shillinger, (n County Attorney ATTN.• Kathy Peters FROM: Lindsey Ballard, D.C. " 0 At the May 21, 2014, Board of County Commissioner's meeting the Board granted approval and U 4- authorized execution of Item N3 Fourth Amendment to Lease Agreement extending the lease for office space for the County Attorney's Office for one (1) year to expire August 31, 2015 0 Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions,please feel free to contact my office. LO cc: County Attorney (electronic copy) Finance (electronic copy) File 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax.305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax.305-852-7146 Packet Pg. 2328 Q.9.e FOURTH AMENDMENT TO LEASE AGREEMENT THIS FOURTH AMENDMENT TO LEASE AGREEMENT is made and entered into this Z day of 2014, by 12TH STREET, LTD. (LESSOR), a profit corporation incorporated in the Sfate of Florida, whose address is 1680 Michigan Avenue, Suite 914, Miami, FL 33139, and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040("COUNTY"or"LESSEE'). WHEREAS, on July 18, 2007 the parties entered into a lease for office space situated at 1111 I Street, Suite 408,Key West,Florida 33040 expiring August 31,2011;and WHEREAS, on April 20, 2011, the parties agreed to extend the lease for a one-year term CL expiring August 31,2012; and WHEREAS, on April 18, 2012, the parties agreed to extend the lease for a one-year term expiring August 31,2013;and WHEREAS, on May 15, 2013, the parties agreed to extend the lease for a one-year term expiring August 31,2014; and WHEREAS, the lease dated July 18, 2007 provides that it may be extended in one-year U intervals;now therefore IN CONSIDERATION of the mutual promises and consideration contained herein, the parties agree: 1. The lease agreement entered into July 18,2007,is hereby extended for an additional one- year term to expire August 31,2015. 2. All other terms of the lease agreement entered into July 18, 2007, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its dulyIr- authorized representative. WITNESS: 12�STREE LTD. Y. e: E,ti�i BOARD OF COUNTY COAUH LSSIONERS OF MONROE CO FLORIDA �F HEAVELIN CLERK B � By: YOR -= MONROE UNITY ATTORNEY Deputy tleirk Packet Pg. 2329 Q.9.f +I r, AMY REAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER \`Y / MONROE COUNTY,FLORIDA U) DATE: May 22, 2013 TO: Bob Shillinger W County Attorney ATTN. Kathy Peters FROM: Pamela G. Hanc , .C. 0 At the May 15, 2013, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item R4 Third Amendment to Lease Agreement extending the lease for office space for the County Attorney's Office for one (1) year to expire August 31, 2014. Enclosed is a copy of the above-mentioned for your handling. Should you have any questions, please feel free to contact our office. LO It- LO cc: Finance File c� 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 Packet Pg. 2330 Q.9.f THIRD AMENDMENT TO LEASE AGREEMENT THIS THIRD AMENDMENT TO LEASE AGREEMENT is made and entered into this z J day of__,60 A0 2013, by 12TH STREET, LTD. (LESSOR), a profit corporation incorporated e f F in the Statlorida, whose address is 1680 Michigan Avenue, Suite 914, Miami, FL 33139, and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040 U) ("COUNTY"or"LESSEE"). WHEREAS, on July 18, 2007 the parties entered into a lease for office space situated at I I I I 12''Street, Suite 408,Key West,Florida 33040 expiring August 31,2011; and WHEREAS, on April 20, 2011, the parties agreed to extend the lease for a one-year term expiring August 31,2012; and WHEREAS, the lease dated July 18, 2007 provides that it may be extended in one-year intervals;now therefore WHEREAS, the lease dated April 4, 2012, the parties agreed to extend the lease for a one-year term expiring August 31,2013. IN CONSIDERATION of the mutual promises and consideration contained herein, the parties agree: 1. The lease agreement entered into July 18,2007,is hereby extended for an additional one- year term to expire August 31,2014. 2. All other terms of the lease agreement entered into July 18, 2007, not inconsistent herewith,shall remain in full force and effect. LO IN WITNESS WHEREOF, each party has caused this ement to be executed by its dulyIr- authorized representative. 12Tu- TREET TD. WITNESS: `� a h By; 6 ZZ BOARD OF COUNTY COMMISSIONED OF MONROE COUNTY,FLO.p4pA N cD .73 (SEAL) ' ' -'' ATTEST: �''C` �. � � B �_ .. AMY HEAVILIN, CLERK o MAYOR 'M By MOWOE � APPRO O FOM. Deputy Clerk ROBERNT,IIB.SHIL.LIWGER,JR Packet Pg. 2331 Q.9.g SECOND AMENDMENT TO LEASE AGREEMENT THIS SE N�NDMENT TO LEASE AGREEMENT is made and entered into this day of 2012, by 12TH STREET, LTD. (LESSOR), a profit corporation incorporated m t e State of Florida, whose address is 1680 Michigan Avenue, Suite 914, Miami, FL 33139, and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040 ("COUNTY"or"LESSEE"). WHEREAS, on July 18, 2007 the parties entered into a lease for office space situated at I I I I 12`h Street, Suite 408, Key West, Florida 33040 expiring August 31, 2011; and WHEREAS, on April 20, 2011, the parties agreed to extend the lease for a one-year term expiring August 31, 2012; and C WHEREAS, the lease dated July 18, 2007 provides that it may be extended in one-year intervals; now therefore C IN CONSIDERATION of the mutual promises and consideration contained herein, the parties agree: 1. The lease agreement entered into July 18, 2007, is hereby extended for an additional one- year term to expire August 31, 2013. C 0 2. All other terms of the lease agreement entered into July 18, 2007, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Agree t to be executed by its duly authorize resentative. C14 N 00 12TH STREE , LTD. Ir- WITNE S: a� By: or Title: 6 5 q h�-z- BOARD OF COUNTY C0MMiiSt6NEIq s OF MONROE COUNTY,FLORIDA o -1 - -- o {SEALS `a ATTEST: By: DANNY L. KOLHAGE, CLERK MAYOR o - cn o By. Deputy Clerk_ April 18, 2012 Packet Pg. 2332 i DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DA TE: April 26, 2011 TO: Suzanne A. Hutton County Attorney ATTN: Kathy M. Peters Executive Assistant FROM: Isabel C. DeSantis, D.C. At the April 20, 2011, Board of County Commissioner's meeting, the Board approved the following: Item Q2 Amendment to the Lease Agreement extending the lease for office space U for the County Attorney's Office for one (1) year to expire August 31, 2012. Enclosed is a copy of the above-mentioned for your handling. Should you have any questions, please feel free to contact this office. cc: Finance File cv cv U) Packet Pg. 2333 AMENDMENT TO LEASE AGREEMENT This Amendment to Lease Agreement is made and entered this� day of , 2011, by 12TH STREET, LTD. (LESSOR), a profit corporation incorporated in the S�f P � rP Florida, whose address is 782 NW Lejeune Rd., Suite 638, Miami, FL 33126, and the BOARD of COUNTY COMMISSIONERS for MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, ("COUNTY" or"LESSEE"). WHEREAS, the parties entered Into a lease for office space situated at 1111 12th Street, Suite 408, Key West, Florida 33040; and WHEREAS, the term of the lease expires August 31, 2011; and CL C (n WHEREAS, the COUNTY continues to requires office space for the County Attorney's Office; and WHEREAS, the lease dated July 18, 2007, provides that it may be extended in one- year intervals; now therefore IN CONSIDERATION OF the mutual promises and consideration contained herein, the parties agree: U 1. The lease agreement entered into July 18, 2007, is extended for one year to August 31, 2012. 2. All other terms of the lease agreement entered July 18, 2007, not inconsistent herewith shall remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. (SEAL) 121' STREET L`rD. ATTEST: By BY �itl� G .�' / coil /P Title U) BOARD OF COUNTY COMMISSIONERS L KOLHAGE, CLERK OF MONROE OUNTY, FLORIDA By C) uty-Clerk ayor/Chairman (-a C) cr- G. ,q �OL44TII t� w iNF�7pVED F r!: 0 _,. C-11 Packet Pg. 2334 Mayor Mario DiGennaro,DisMd 4 Mayor Pro Tern Dbde M.Spehar,District 1 UNTYjo '�moNROE o,arles°sonny°MoCoy,Distrid 3 KEY VVESrLCWUDA33040 George Neugent,District 2O2 (305)2M-4W Sylvla Murphy,DisMct 5 + U) v> �t& auMAWV S02 Uftdlaad Sam,Am CL 91eet V#ke Sex 1026 XwWea4 52 33041-1026 2 (305)292-3470 August 2, 2007 Mr.Roberto Sanchez, General Partner 12*STREET,LTD. 782 N. W. Lejeune Road, Suite 638 Man* FL 33126 E Re: Lease Agreement Dear Mr. Sanchez: Enclosed please find a copy of the fully executed Lease Agreement approved by the �. Monroe County Board of County Commissioners on 7/18/07 (Item #N-9) to relocate the County Attorney's Office to the Key West Professional Building. This copy is for your records. Sincerely, Kathy Pet for: SUZANNE A HUTTON County Attorney F:W/ Enclosures: One(1)copy fully executed Lease Agreement Packet Pg. 2335 This Agreement Is made and enterer) THIS le day of July, 2007, by 12TH STREET, LTD. (LESSOR), a proflt corporation incorporated in the State of Florida, whose address is 782 NW Lejeune Rd., Suite 638, Miami, FL 33126, and the BOARD of COUNTY COMMISSIONERS for MONROE COUNTY, a political subdivision of the State of Florida, whose address Is 1100 Simonton Street, Key West, FL 33040, (*COUNTY" or"LESSEE"). � WHEREAS, LESSOR owns an office building situated at 1111 12th Street, Suite 408, Key West, Florida 33040; and WHEREAS, the County Attorney's office has been located in a County building which has been deemed by an Independent engineering company to be unsafe for continued occupancy; and WHEREAS, the COUNTY requires office space for the County Attorney's Office; now therefore 0 IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION CONTAINED HEREIN, THE PARTIES AGREE: 1. . LESSOR leases exclusively to the COUNTY the Suite 408 of the e building known as the Key West Professional Building located at 1111 12ei Street, Key � West, FI. 33040, as more particularly shown on Exhibit A, hereafter the "premises," containing 4,400 square feet. Exhibit A is attached and made a part of this Agreement. 2. 13M The initial term of this Agreement is four years and twelve days running from August 20, 2007, through August 31, 2011, unless earlier terminated as �. provided in sections 3, of this agreement. Should the premises become available for the County Attorney's office to be moved in at any date other than August 20, 2007, the rental amount will be adjusted on a pro rasa basis to reflect the changed date of availability, and 0 the natural termination date shall-remain A ust 31, 2011. Either party may request an extensiona 1, 201 for one-year nsion, by giving written notice to the other party. Thereiff-an -year extensions may be requested in the same manner and by mutual agreement f the parties, provided LESSEE is not in default. 3. A. The premises shall be used solely for the operation of the County Attorney's office. If the premises are used for any other purpose, the LESSOR shall have the option of Z Immediately terminating this Agreement. LESSEE shall not permit any use of the premises in any manner that would obstruct or interfere with any of the LESSOR's duties as an U) owner and LESSOR to maintain the building. B. The LESSEE will further use and occupy said premises in a careful and proper manner, and not commit any waste thereon. LESSEE will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the premises. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations or as those terns are understood in common usage, are specifically prohibited. The LESSEE will not use or occupy said premises for any unlawful purpose and will, at LESSEE's sole cost and expense, County Attorney Lease 1 12*Street KW Professional Bldg. Packet Pg. 2336 conform to and obey any present or future ordinance and/or rules, regulations, requirements and orders of governmental authorities or agencies respecting the use and occupation of said premises. C. LESSEE, its employees and Invitees shall have the non-exclusive right to use the common areas of the building, such as stairways, elevator, corridors, and parking, and will abide by such reasonable rules as LESSOR may from impose regarding such use. LESSOR has the right to close off common areas from time to time for repairs and maintenance and other reasonable purposes. 4. A. For the use of the premises, the LESSEE must pay the LESSOR the sum of $118,800 per year, due In monthly installments payable in arrears upon receipt of a proper invoice pursuant to the Florida Prompt Payment Act, Sections 218.70, Florida Statutes, et. F seq. Rent payments should be sent to: 12th Street, LTD. PO BOX 414586 Miami Beach, FL 33141-4586 es B. On the 1st day of September, 2008, and annually thereafter, there shall be an adjustment to the base rent which shall be derived by taking the preceding year's rent and 0 Increasing the same by four percent (4%) or the percentage change of the Consumer Price Index for the preceding twelve (12) months, whichever is higher. "Index" shall mean the "Consumer Price Index for Urban Wage earners and Clerical Workers, U.S. City Average, all items (1967-100)" Issued by the Bureau of Labor Statistics of the United States Department of Labor. In the event the Index shall hereafter be converted to a different standard reference base or otherwise revised, the determination of the Percentage Increases (defined above) shalt be made with the use of such conversion factor, formula, or table for converting the Index as may be published by the Bureau of Labor Statistics or, if said Bureau shall not publish the same, then with the use of such conversion factor, formula or table as may be published by Prentice Hail, Inc., or, failing such publication, by any other nationally recognized publisher of similar statistical information. In the event the Index shall cease to be published, then for the purposes of this lease, there shall be substituted for the Index, such other Index as LESSOR shall determine. U) C. For any partial month within the term hereof said rent shall be payable on a prorated basis. All rents shall be paid when due and interest for late payments shall be as set by the Prompt Payment Act. D. In the event that funds cannot be obtained or cannot be continued at a level U) sufficient to pay the lease price or the County Attorney's Office acquires adequate office space in a County-owned or State-owned building, this lease may be terminated by the LESSEE providing to LESSOR at least six months prior written notice of the termination. Payment under a multiple year agreement is contingent upon annual appropriation by the Board of County Commissioners. E. The cost of bulid-out required In section 8 below shall be included in the rental amount set forth in 4.A, above. County Attorney I.easez 2 le Street Kw Professional ekl§. Packet Pg. 2337 TM 7 TH I f July, zoo b 12 STREET, This Agreement is made and entered THIS 18 day o y, , y S , LTD. (LESSOR), a profit corporation incorporated In the State of Florida, whose address Is 782 NW Lejeune Rd., Suite 638, Miami,, FL 33126, and the BOARD of COUNTY COMMISSIONERS for MONROE COUNTY, a political subdivision of the State of Florida, whose address Is 1100 Simonton Street, Key West, FL 33040, ("COUNTY" or"LESSEE"). WHEREAS, LESSOR owns an office building situated at 1111 12th Street, Suite 408, Key West, Florida 33040; and WHEREAS, the County Attorney's office has been located in a County building which has been deemed by an Independent engineering company to be unsafe for continued occupancy; and WHEREAS, the COUNTY requires office space for the County Attorney's Office; now therefore 0 IN CONSIDERATION OF THE MUTUAL PROMISES AND CONSIDERATION CONTAINED P HEREIN, THE PARTIES AGREE: 1. FjVFjjLM LESSOR leases exclusively to the COUNTY the Suite 408 of the e E building known as the Key West Professional Building located at 11ii 120 Street, Key � West, Fl. 33040, as more particularly shown on Exhibit A, hereafter the "premises," containing 4,400 square feet. Exhibit A Is attached and made a part of this Agreement. 2. JIM The Initial term of this Agreement is four years and twelve days W running from August 20, 2007, through August 31, 2011, unless earlier terminated as �. provided in sections 3, of this agreement. Should the premises become available for the County Attorney's office to be moved In at any date other than August 20, 2007, the rental amount will be adjusW1 on a pro rata, basis to reflect the changed date of availability, and the natural termination date shall remain August 31, 2011. Either party may request an extension of term no later than June 1, 2011, for a one-year extension, by giving writtencm notice to the other party. Thereafter, one-year extensions may be requested in the same manner and by mutual agreement of the parties, provided LESSEE is not In default. U) 3. A. The premises shall be used solely for the operation of the County Attorney's office. If the premises are used for any other purpose, the LESSOR shall have the option of immediately terminating this Agreement. LESSEE shall not permit any use of the premises In any manner that would obstruct or Interfere with any of the LESSOWs duties as an U) owner and LESSOR to maintain the building. B. The LESSEE will further use and occupy said premises in a careful and proper manner, and not commit any waste thereon. LESSEE will not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the premises. Any activities in any way Involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations or as those terns are understood in common usage, are specifically prohibited. The LESSEE will not use or occupy said premises for any unlawful purpose and will, at LESSEE's sole cost and expense, County Attorney Lem1 12*Street KW Prof iomi e*. Packet Pg. 2338 conform to and obey any present or future ordinance and/or rules, regulations, requirements and orders of governmental authorities or agencies respecting the use and occupation of said premises. C. LESSEE, Its employees and Invitees shall have the non-exclusive right to use the common areas of the building, such as stairways, elevator, corridors, and parking, and will abide by such reasonable rules as LESSOR may from impose regarding such use. LESSOR has the right to close off common areas from time to time for repairs and maintenance and other reasonable purposes. 4. REAL A. For the use of the premises, the LESSEE must pay the LESSOR the sum of $118,800 per year, due in monthly installments payable in arrears upon receipt of a proper Invoice pursuant to the Florida Prompt Payment Act, Sections 218.70, Florida Statutes, et. seq. Rent payments should be sent to: 12th Street, LTD. PO BOX 414586 Miami Beach, FL 33141-4586 �s B. On the 1st day of September, 2008, and annually thereafter, there shall be an adjustment to the base rent which shall be derived by taking the preceding year's rent and Increasing the same by four percent (4%) or the percentage change of the Consumer Price E Index for the preceding twelve (12) months, whichever is higher. "Index" shall mean the "Consumer Price Index for Urban Wage earners and Clerical Workers, U.S. City Average, all items (1967-100)" Issued by the Bureau of Labor Statistics of the United States Department of Labor. In the event the Index shall hereafter be converted to a different standard reference base or otherwise revised,, the determination of the Percentage Increases (defined above) shall be made with the use of such conversion factor, formula, or table for converting the index as may be published by the Bureau of Labor Statistics or, if said Bureau shall not publish the same, then with the use of such conversion factor, formula or table as may be published by Prentice Hall, Inc., or, failing such publication, by any other nationally recognized publisher of similar statistical information. In the event the Index shall cease to be published, then for the purposes of this lease, there shall be substituted for the Index, such other Index as LESSOR shall determine. C. For any partial month within the term hereof said rent shall be payable on a prorated basis. All rents shall be paid when due and interest for late payments shall be as set by the Prompt Payment Act. D. In the event that funds cannot be obtained or cannot be continued at a level U) sufficlent to pay the lease price or the County Attorney's Office acquires adequate office space in a County-owned or State-owned building, this lease may be terminated by the LESSEE providing to LESSOR at least six months prior written notice of the termination. Payment under a multiple year agreement is contingent upon annual appropriation by the Board of County Commissioners. E. The cost of build-out required In section 8 below shall be Included in the rental amount set forth in 4.A, above. County Attorney Lem 2 Ir Street KWIProfessional Bldg. Packet Pg. 2339 F. Computations of those common areas and operating expenses normally passed through to tenants have been applied to the premises and included in the annual rent of $118,800. Should the common area and operating expenses demonstrably increase more than 4% in any year, County shall not withhold approval of any reasonable amendment to address economic changes. S. IMES. The LESSEE Is exempt from all taxes, including any sales or use tax, levied by any government agency. 6. UTILITIES, The LESSOR shall pay all charges for, water, solid waste, and sewerage, and the LESSEE shall pay for all electrical services used at the Premises during the lease term. _ 7. INSURANCE. A. LESSOR shall obtain and keep in force, Insurance coverage insuring against any loss or damage to the premises caused by fire, windstorm, flood, or other such hazards, as well as a policy of comprehensive public liability Insurance Insuring LESSOR and LESSEE against any and all claims for damages to person or property, or loss of life or of property, occurring upon, In or about the premises, for any defects, acts or omissions other than those caused solely by LESSOR, its officers, employees and agents. B. LESSEE Is self-Insured and carries excess liability coverage, and Is subject to E limited Immunity from claims under Section 768.28, F.S. It shall be the exclusive obligation of LESSEE to Insure any and all contents of the leasehold premises and it is hereby agreed that the LESSOR shall have no liability for loss or damage to the same from any cause whatsoever. The LESSEE must keep in full force and effect the required Insurance during the term of this Agreement. If the insurance policies originally purchased which meet the W 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. COJID QN OF PREMISES. LESSOR and LESSEE agree that LESSOR shall, upon approval by the County Commission of this agreement, prepare the premises for U) occupancy by finishing the premises with the following: additional walls as indicated on Exhibit A, framing and doors as Indicated on Exhibit A, an ADA compliant bathroom, a kitchen sink and cabinet, painting of walls in colors selected by LESSEE, carpeting in color selected by LESSEE, mint-blinds on exterior windows, switch and outlet plates, and ceiling tiles. The LESSEE must keep the premises in good order and condition. The LESSEE must promptly repair damage to the premises. At the end of the term of this Agreement, the U) LESSEE must surrender the premises to the LESSOR in the same good order and condition as the premises were on the commencement of the term, normal wear and tear excepted. Ir- The LESSEE is solely responsible for any Improvements , other than those specified herein, which are placed on the premises. LESSOR shall perform all work required in the preparation of the property or premises hereby leased for occupancy by LESSEE, said work being more particularly described In Exhibit A. LESSEE reserves the right to inspect the leased area and to require whatever adjustment to structures or improvements as LESSEE reasonably deems necessary and Cowaty Attorney Lease 3 1211 Street KW Professional Bldg. Packet Pg. 2340 which are consistent with the descriptions and drawing depicted In Exhibit A. Any adjustments to the premises, including the requests for colors of wall paint and carpeting, shall only be made in writing as follows: co-signed by (a) either the County Attorney or Chief Assistant County Attorney and (b) either the Director of Public Works or the Director of Facilities Maintenance. Notwithstanding the foregoing, LESSEE shall not have the right to request substantive changes to the improvements as described in Exhibit A if such changes alter the cost of labor or supplies and materials, or would alter the timing of the build-out. 9. IM_EMENTS. No structure or Improvements of any kind shall be placed upon the land without prior approval in writing by the LESSOR, a building permit issued by City of Key West and any other agency, federal or state, permits required by law. Any 2 such structure or Improvements shall be constructed in a good and workmanlike manner at LESSEE's sole cost and expense. Subject to any LESSOWs lien, any structures or improvements constructed by LESSEE shall be removed by the LESSEE at LESSEE's sole cost and expense, by midnight on the day of termination of this Agreement or extension hereof, and the land restored as nearly as practical to its condition at the time this agreement is executed unless the LESSOR accepts in writing delivery of the premises together with any structures or Improvements constructed by LESSEE. Portable or U temporary advertising signs are prohibited. 10. MAIN3 NADICE,, LESSEE, at LESSEE's expense, shall maintain the interior of the premises, and shall make all necessary repairs therein, including without limitation, maintenance and repair of interior walls, windows, and doors. LESSEE shall provide monthly maintenance to the air conditioning units within the premises. LESSEE shall be responsible for cleaning the interior of the premises and maintaining all light fixtures in working order. LESSOR is responsible to maintain and repair the exterior walls and roof of LM the building, as well as the electrical wiring, the plumbing system serving the premises, and the air conditioning water tower equipment. N 11. SIGNS. LESSEE may Install a sign no larger than 2 feet by 3 feet may be placed near one of the doors to the common hallway of the building to denote the County E Attorney's Office. LESSOR shall provide a listing In the Building directory for the County Attorney's Office. LESSEE will not exhibit, Inscribe, paint, or affix any sign, advertisement, notice, or other lettering on any part of the outside of the premises or of the building of which the leasehold premises are a part, or inside the premises if visible from the outside, without first obtaining approval from the LESSOR and LESSEE further agrees to maintain such sign, lettering, etc., as may be approved, in good condition and repair at all times. 12. DESTRUCTION OR DAMAGE, A. If the premises are, or any part thereof shall be damaged by fire or other casualty, LESSEE shall give immediate notice thereof to LESSOR and this lease shall continue In full force and effect except as hereinafter set forth. B. If the premises are partially damaged or rendered partially unusable by fire or other casualty insured under the coverage obtained by the LESSOR, the damages thereto shall be repaired by LRSSOR, to the extent insurance proceeds are available. LESSOR will make the repairs and restorations with all reasonable expedition, subject to delays due to adjustment of Insurance claims, labor troubles, and causes beyond LESSOWs control. After any such casualty, LESSEE will cooperate with LESSOR's restoration by removing 7frome County Attorney Leone 4 le Street KW Professional Bldg. Packet Pg. 2341 premises as promptly as possible, all of LESSEE's salvageable inventory and moveable equipment, furniture and other property. C. (1) Total Destruction. If the premises are rendered wholly unusable, the Lease shall terminate immediately upon the date of such disaster, and no rent shall be due after such date. (2) Partial Destruction. If the premises be so damaged that the LESSOR shall decide to demolish It or rebuild it, then, in such events, LESSOR or LESSEE may elect to terminate this lease by written notice to the other given within such casualty, specifying a date for the expiration of the lease, which will not be more than 60 days after giving such notice, and upon the date specified in such notice the term of the lease will expire fully and completely as If such date were the date set forth above for the termination of this lease. In such event, LESSEE will forthwith quit, surrender and vacate the premises without prejudice however to LESSOR's rights and remedies against LESSEE under the lease provisions in effect prior to such termination, and any rent owing will be paid up to such date. D. Nothing contained hereinabove will relieve LESSEE from any liability that may exist as a result of damage from fire or other casualty. LESSEE acknowledges that LESSOR will not carry Insurance on LESSEE's Inventory and/or furnishings or any fixtures or equipment, Improvements, or appurtenances removable by the LESSEE, and agrees the LESSOR will not be obliged to repair any damage thereto or replace the same. Except as expressly provided herein to the contrary, this lease shall not terminate nor shall there be any abatement of rent as a result of a fire or other casualty which is the fault of, or caused by the LESSEE. LESSEE shall be responsible to Insure the Improvements and repairs which LESSEE provides to the premises. 13. The occurrence of any of the following shall constitute an event of default hereunder: A. Discontinuance by LESSEE of the conduct of its business In the premises, for a period of thirty days or longer. B. The filing of a petition by or against LESSEE for adjudication as a bankrupt or insolvent, or for its reorganization or for the appointment of a receiver or proceedings under Chapter X and/or Chapter IX of the Federal Bankruptcy Law; an assignment by U) LESSEE for the benefit of creditors; or the taking possession of the property of LESSEE by any governmental officer, court appointed receiver or agency pursuant to statutory authority for the dissolution or liquidation of LESSEE. C. Failure of LESSEE to pay when due any installment of rent hereunder or any other sum herein required to be paid by LESSEE. U) D. Abandonment or desertion of the premises or permitting the same to be empty and unoccupied, for any consecutive period of thirty days or longer. E. LESSEE's failure to perform any non-monetary covenant or condition of this lease within ten (10) days after written notice and demand. F. LESSOR'S failure to comply with any of the terns herein. County Attorney Lease 5 12"Street KW Professional Bldg. Packet Pg. 2342 14. RIGHTS OF LESSOR UPON DEFAULT BY LESSEE. If the LESSEE is In default as defined in subparagraphs A to D inclusive of Paragraph 13 and If the same is not cured by the LESSEE within five (5) days after written notice to the LESSEE or if the LESSEE Is in default pursuant to the provisions of sub-paragraph E of Section 13, the LESSOR, in addition to all rights and remedies granted under the laws of the State of Florida shall have any or all of the following rights: U) 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 2 B. To terminate the lease and re-let the premises for account of the LESSOR or within the sole discretion of LESSOR the premises may be re-let for the account of the LESSEE. C. In the event of LESSOR's termination of this lease for LESSEE's breach hereunder, in addition to any other remedy otherwise available at law or equity, LESSOR may recover from LESSEE all damages incurred by reason of such breach, Including the cost of recovering the premises. 15. In the event of LESSOR's breach of Its obligations and duties under this agreement, LESSEE shall give the E LESSOR notice in writing of said breach and allow LESSOR thirty (30) working days to remedy such defect. In the event that such defect is not cured within the requisite time, LESSEE may terminate this lease upon giving thirty days written notice to the LESSOR. In LM addition to any other remedy otherwise available at law or equity, LESSOR may recover from LESSEE all damages incurred by reason of such breach, including the cost of relocating to new premises. 16. ATTORNEY'S FEES AND CQM. Each party shall be solely responsible for E the costs of Its own attorney's fees Incurred in connection with the preparation and review of this lease for execution. If any action at law or in equity shall be brought under this lease, or for or on account of any breach of, or to enforce or Interpret any of the covenants, terms, or conditions of this lease, or for the recovery of possession of the demised premises, the prevailing party shall be entitled to recover from the other party, reasonable attorneys fees and costs, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. 17. Subject to Section 768.28, Florida U) Statutes, LESSEE shall indemnify and hold harmless LESSOR against and from any and all claims arising from LESSEE's use of the premises for the conduct of Its business or from any activity, work, or other thing done, permitted or suffered by the LESSEE In or about the building, and shall further Indemnify and hold harmless LESSOR against and from any and all claims arising from any breach or default in the performance of any obligation on LESSEE's part to be performed under the terms of this lease, or arising from any act or negligence of the LESSEE, or any officer, agent, employee, guest, or invitee of LESSEE, and from all and against all costs, attorney's fees, expenses and liabilities Incurred in or about any such claim or any action or proceeding brought thereon. LESSEE, as a material part of County Attorney Lease 6 12"h Street KW Professional Bldg. /I Packet Pg. 2343 the consideration to LESSOR, hereby assumes all risk of damage to property or Injury to persons, in, upon or about the premises, from any cause other than LESSOR's negligence, and LESSEE hereby waives all claims in respect thereof against LESSOR. 18. WAI)JER, The failure of either the LESSOR or LESSEE to insist In any one or more instances upon the strict performance of any one or more of the obligations of this lease, or to exercise any right or election herein contained, shall not be construed as a waiver or relinquishment for the future of the performance of such obligations of this lease, or of the right to exercise such election, but the same shall both continue and remain in full force and effect with respect to any subsequent breach, act or omission. 19. LUML LESSEE further agrees that LESSEE will pay all of LESSEE's contractors, subcontractors, mechanics, laborers, materialmen and all others, and will indemnify LESSOR against all legal costs and charges, bond premiums for release of liens, and counsel fees reasonably incurred In the commencement or defense of any suit by the LESSOR to discharge any liens, judgments, or encumbrances against the premises caused or suffered by LESSEE. it Is understood and agreed between the parties hereto that the costs and charges above referred to shall be considered as additional rent due under this lease, payable upon demand. U The LESSEE herein shall not have any authority to create any liens for labor or material on the LESSOR's interest in the above-described property, and all persons contracting with the LESSEE for the doing of work or the furnishing of any materials on or 0 to the premises, and all materiaimen, contractors, mechanics and laborers, are hereby charged with notice that they must look to the LESSEE only to secure the payment of any bill for work done or materials furnished during the term of this lease. 20. EFFECT OF L MSE'S HOLDING QVE1L Any holding over after the expiration of the term of this lease, with the consent of LESSOR, shall be construed to be a tenancy from month to month, at the same monthly rent as required for the period immediatelyCD CD �- prior to the expiration of the lease. 21. PE"C�POSSESSION. So long as LESSEE pays all of the rent and E charges due and performs all of LESSEE's other obligations hereunder, LESSEE shall peaceably and quietly have, hold, and enjoy the premises throughout the term of this lease, without interference or hindrance by LESSOR. 22, TRANSFER BY LESSOR in the event of termination of LESSOR's ownership of the premises by operation of law or by bona fide sale of the premises or for any other reason, then LESSOR shall be released from all liability and responsibility hereunder. in such event, LESSOR's successor, by acceptance of rent from LESSEE, shall become liable and responsible to LESSEE in respect to all such obligations of LESSOR under this lease. This lease may be assigned by the LESSOR in which case, LESSEE, upon request by LESSOR, shall Issue a letter stating that the lease is In full force and effect and that there are no setoffs, claims, or other defenses to rent. 23. &WQJJMENT OR SUBLET BY LESSEE. LESSEE may not assign this Lease in whole or in part, nor sublet any portion of the premises, without LESSOR's prior written consent, which consent may be arbitrarily withheld. County Attorney Lease 7 12T'Street KW Professional Bldg. /27 Packet Pg. 2344 A. The LESSEE and signatory to this lease, and any subsequent assignees or subleasees, shall remain liable to LESSOR under the terms of this lease, regardless of the number of Intervening assignments and subleases, without consent to such further assignments and subleases being required, unless and until LESSOR expressly releases said LESSEE, assignee or subiesee from liability under this lease, and such liability shall not be in any way affected or reduced by any modification of the lease between LESSOR and the occupant assignee, even If such modification is made without the prior LESSEES'consent. U) B. LESSOR's consent to any assignment, subletting, occupation, or use by another person, shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by any other person, or a waiver of any right of LESSOR to deny such consent pursuant to the provisions hereof. Furthermore, LESSEE understands and agrees 2 that, should LESSOR approve any assignment or sublease, LESSOR shall have the right to be reimbursed for legally-related expenses in connection with the review, preparation, and processing of any documents associated with said assignment/subiease. 24. SUBORDINA'RON. NON-DUTURBA_N_CE AND ATTORNMENT, A. LESSEE hereby subordinates Its rights hereunder to the lien of any mortgage or mortgages, or the lien resulting from any other method of financing or refinancing, now or hereafter in fore against the premises, and to all advances made or hereafter to be made upon the security thereof. This shall be self-operative and 0 no further Instrument of subordination shall be required by any mortgagee. However, LESSEE, upon request of any party in interest, shall execute promptly such Instrument or certificates and irrevocably appoints LESSOR as Attorney-in-Fact for LESSEE, with full power and authority to execute and deliver, in the name of LESSEE, any such instrument or certiflcates. B. Est000ei Certificate. Within ten (10) days after request by LESSOR, or in the �- event that, in connection with any sale, assignment or hypothecation of the premises by LESSOR, an estoppel certificate shall be required from LESSEE, LESSEE agrees to deliver, in recordable form, an estoppel certificate to any proposed mortgagee, purchaser, or to LESSOR, certifying (if such be the case) that this lease is in full force and effect and that there are no defenses or offsets thereon, or stating those claimed by LESSEE, as long as those are factual statements when made. C. AUoroment. In the event of a sale or assignment of LESSOR's Interest in the premises, or If the premises comes Into the hands of a mortgagee, or any other person, whether because of a mortgage foreclosure, exercise of a power of sale, or other reason, LESSEE shall recognize said mortgagee or other person as the same as LESSOR hereunder. LESSEE shall execute, at LESSOR's request, any attomment agreement required by any mortgagee, or other such person containing such provisions as such mortgagee or other person requires. 25. 11473CEE Notices In this Agreement, unless otherwise specified, must be sent by certifled mall to the following: ES COUNWL SSEE.• � 12th Street, Ltd. County Attorney 782 NW Lejeune Rd. PO Box 1026 Suite 638 Key West, FL 33041-1026 County Attorney Lease 8 12'h Street KW Professional Bldg. '2 Packet Pg. 2345 Miami, FI 33126 And County Administrator 1100 Simonton Street Key West, FL 33040 U) 26. NON-QISCRYNiNATION. The LESSEE for itself, Its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of premises or In the contracting for Improvements to the premises. 27. SMERNMG LMUENURLWAIVIR GE JURX IML, This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. LESSOR and LESSEE hereby knowingly, voluntarily and intentionally waive the right to a trial by jury U in respect to any litigation based hereon, or arising out of, under or In connection with this lease, this waiver being a material inducement for LESSEE to enter Into the lease 28. INCONSISTENCY, Any Item, condition or obligation of this Agreement that Is In conflict with the Items listed in this paragraph Is superseded to the extent of the conflict. 29. CQNSTRUCr1QN,, This Agreement has been carefully reviewed by the LESSOR and the LESSEE. Therefore, this Agreement Is not to be construed against any party on the basis of authorship. N 30. F LL UNDISHUROM This Agreement is the parties'final mutual understanding. it replaces any earner agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. U) IN WITNESS WHEREOF, each party has cau s Agre ment t2becutedb ts duly authorized representative. (SEAL) 1 STRE ATTEST: B A4 �B Trtie Q � 3 p a :n v ` } BOARD OF COUNTY N COM f�S Y L. KOLHAGE, CLERK OF MONROE COUNTY, FI-� � By uty Clerk MONROE COUNTY ATTOi r/Cftlrman County Attorney Lease 9 OVED AS M 12''Street Kw Professional 8*. UZA NE A. UTONT COUNy AT�RNEY '' l 4 "� Packet Pg. 2346 EXHIBIT A The attached drawing depicts the general nature of the build-out, which shall Include all work necessary to provide an office suite ready to move in, and specifically Includes: finishing doorways with wood frames, installing doors to offices (County to supply locking handles), installing drywall to create the additional 3 office spaces and bathrooms denoted on the attached drawing, completing air-conditioning ductwork, running channels for the County to Install computer and phone connection lines, Installation of standard lighting, two bathrooms of which at least one shall be ADA compliant, a kitchen floor cabinet with sink, plumbing as necessary for the bathrooms and kitchen sink, installation of carpeting, and painting of walls. County shall be responsible for Its technology lines and bookcases. 0 U) M 0 County Attorney Leon 10 12"'Street KW Professional Bldg. Packet Pg. 2347 SE .O LEASE A RMF,N THIS SE90NDA)JENDMENT TO LEASE AGREEMENT is made and entered into this day of 2012, by 12n' STRF.F.T, LTD. (I.F.SSOR). a profit corporation U) tncorporatcd n t - State of Florida, whose address is 1680 Michigan Avenue; Suite 914. Mui uni.FL 33139. and the HOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida. whose address is 1100 Simonton Street, Key West, Fi. 33040("COUNTY"or"LESSEE-). CCL s WHEREAS.on July18.2007 the .0 parties entered into a lease for office space situated at 1 I I 121i Street.Suite 409.Key West.Florida 33040 expiring August 31.2011;and WHEREAS, on April 20, 2011. the parties agreed to extend the lease fur u one-year term expiring August 31.2012,and WHEREAS, the lease dated July 18. 2007 provides that it may be extended in one-y�-.ar intervals;now therefore 0 IN CONSIDERATION of the mutual promises and consideration contained herein,the parties agree: 1. The Icase agreement entered into July 18.2007.is hereby extended for an additional one- 4) year term to expire August 31.2013. 2. All other tarns of the lease E agreement entered into July 18. _W7. not inconsistent herewith,shall remain in full force and effect. IN WITNESS WHEREOF each party has caused this Agreepppaaaeeettt}}}t to be executed by its duly authori trscntativc. IV,STRF.E7,LTD. W� I NE$S:T .'i' / cv By: E Title• G ae U) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA (SEAL) ATTEST: By: Z DANNY L.KOLHAGE,CLERK MAYOR 2 U) cv Packet Pg. 2348 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUASIARY Meeting Date: 4/18/12-KW Division: County Attorney Bulk Item: Yes X No _ Staff Contact Person: Suzanne Hutton.292-3470 AGENDA ITEM WORDING: Approval of Second Amendment to Lease Agreement extending the lease for office space for the County Attorney's Office for one(1)year to expire August 31,2013. ITEM BACKGROUND: On July 18,2007, due to the hazardous conditions that existed as a result of the structural deterioration of the building formerly housing the County Attorney's Office, the BOCC approved a Lease Agreement for office space to house the County Attorney's Office in Suite#408 of the office building located at 1111 12'h Street in Key West until office space could be made available in a County building. On 4/20/11, the BOCC approved a one-year extension of this lease in that Engineering had advised alternate space in a County building was not expected to be ready within the required time frames. Alternate space in a County building is not expected to be available prior to the expiration of our current lease August 31,2012. This Second Amendment to Lease Agreement extends the existing lease for an additional one(1)year term until alternate space in a County building becomes available. 0 PREVIOUS RELEVANT BOCC ACTION: 7/18/2007 BOCC approved Lease Agreement 4/20/2011 BOCC approved Amendment to Lease Agreement(1 yr.extension) CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS:Approval. TOTAL COST: $144,538.20 per year 0 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: U) COST TO COUNTY: $144.538.20 per year * Per lease agreement, base rent adjusts annually on the 1"day of September by 4% or the percentage change of the Consumer Price Index(CPI) for the preceding 12 months,whichever is higher. Current Z rent is$11,581.60 per month/$138,979.20 annual. U) SOURCE OF FUNDS: REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM# Revised 2/05 Packet Pg. 2349