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01/22/2020 Agreement c�R couR,Q��1 `:-;:, ":-.."00 Kevin Madok, CPA ;or � Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: April 14, 2020 TO: Kevin G.Wilson, PE Assistant County Administrator Suzanne Rubio Executive Administrator FROM: Pamela G. Hanco �i.C. SUBJECT: January 22"d BOCC Meeting Attached is an electronic copy of the following item for your handling: R3 Board granted approval and authorized execution of a Lease Agreement commencing retroactive to January 10, 2020, for up to three months,with Wolfe Stevens PLLC for Unit B of the County's building at 2945-2975 Overseas Highway in Marathon. Should you have any questions, please feel free to contact me at (305) 292-3550. cc: . County Attorney 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 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into on this 22nd day of January,2020, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 ("Lessor"/"County'), and WOLFE STEVENS PLLC,a Florida Professional Limited Liability Company,("Lessee"), whose mailing address is 2955 Overseas Highway, Marathon, Florida 33050. WHEREAS, the County has entered into an Agreement for Sale and Purchase dated September 18, 2019, ("Agreement"), with CM W Office Building, LLC and Wolfe Family Holdings, Inc., ("Seller"), for the purchase of that certain property situated at and commonly known as 2945-2975 Overseas Highway, Marathon, Monroe County, Florida 33050("Property"); and WHEREAS,the County and Seller expect to close on the sale of this Property on or before January 10, 2020, pursuant to the Agreement; and WHEREAS, the County is purchasing this property with the intention of relocating the Monroe County State Attorney's Office and other County departments or Constitutional Officers to this Property in the future;and WHEREAS, Lessee currently operates its law office in Unit B (upstairs and downstairs) at 2955 Overseas Highway, Marathon, Florida 33050, and desires to maintain its law office at the current location for a limited time period after the closing by Seller;and WHEREAS, the County and Seller agreed that upon closing, the Lessee may lease the Property from the County at a fair market value for up to three (3) months from the closing date Pursuant to the terms and conditions as set forth in this Lease Agreement; and WHEREAS,the Lessee desires to lease the Property in the interim time period to continue its current business until the County is ready to locate its intended occupants to the Property; and I WHEREAS, the County is willing to lease the Property for the purposes of Lessee continuing its business operations while making preparations to relocate and until County finalizes its remodeling and construction plans for this property to make it appropriate for the County's uses; NOW,THEREFORE,IN CONSIDERATION oft e mutual promises and covenants set fbrth below, the parties agrees as follows: I. Premises. The Lessor does hereby lease to Lessee and Lessee]cases from the Lessor, a portion of the Property situated at 2945-2975 Overseas Highway, Marathon, Monroe County, Florida 33050, which said portion is comprised of approximately 1,787.5 square feet, and identified as "Unit B — upstairs and downstairs" ("Premises"). The Premises, currently known as the Marathon Professional Center, was comprised of former parcels identified as RE## 0032 1 661-000000, 0032166t-000100, 00321661-000200, and 00321661-000300, which consisted of approximately 16,000 square feet of land and a building totaling approximately 5,722 gross square feet. 2. Term and Effective Date. Subject to and upon the terms and conditions as set forth herein, the term of this Lease shall be for up to three (3) months from commencement of this Lease, which said term shall commence on the closing date of the purchase of the Property by the County from Seller,which shall also be the effective date of tWs Lease 3. Extension Period. There are no extension periods anticipated as part or this Lease. In the event that Lessor chooses to offer an extension, Lessor will notify Lessee thirty (30) days prior to the expiration of the Lease, in writing, that it will consider a renewal of the Lease, and under what terms and conditions, for a mutually agreed upon time period, which will be set forth in a written amendment to this Lease. 4. Rent. Lessee shall pay the Lessor the sum of Twenty-three and 50/100($23.50) Dollars per square foot of lease space,which shall be paid in equal monthly installments of Three Thousand Five Hundred and 521100 ($3,500.52) Dollars, plus applicable sales tax, due on the first day of each month, including any extension periods, payable in advance and remitted to Monroe County Clerk's Office, 500 Whitehead Street, Key West, Florida 33040. No security deposit will be required. 5. Taxes. The Lessee shall pay all taxes and assessments, if any, including any sales or use tax, levied by any governmental agency with respect to the Lessee's operations on the Premises. 6. Utilities. Lessee shall be responsible for payment of all utilities on a monthly basis, including but not limited to the following as necessary, water, electric, sewer, solid waste, 2 trash removal, telephone, internet service, cable, LP gas, insect and rodent extermination, or other such similar utilities,as needed by Lessee. 7. Insurance. Prior to commencement of work governed by this contract, Lessee shall obtain, at Lessee's own expense, insurance as specified in Exhibit "A" attached hereto and made a part hereof. Lessee shall provide to the Lessor, as satisfactory evidence of the required insurance, either(1) a Certificate of Insurance or, (2) a certified copy of the actual insurance policy. The Lessor, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Lease. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the Lessor by the insurer. The acceptance and/or approval of Lessee's insurance shall not be construed as relieving Lessee from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials shall be included as "Additional Insured" and "Certificate Holder" on all policies, except for Worker's Compensation. If the insurance policies originally purchased, which meet the requirements of this Lease are cancelled, terminated, or reduced in coverage, then the Lessee shall immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department whenever acquired, amended, and annually during the term of this Lease. 8. Mechanic's Liens. The Lessee shall not permit any mechanic's lien or liens to be placed on the Premises or on improvements thereon. If a mechanic's,lien is filed,it shall be the sole responsibility of the Lessee or its officer,employee, agent,contractor, or other representative causing the lien to be filed to discharge the lien and to hold harmless and defend Monroe County against enforcement of such lien. Pursuant to Section 713.23, Pla. Stat.,the liens authorized in Ch. 713, Fla. Stat. does not apply to the Lessor. 9. Records—Access and Audits. The Lessee shall maintain all books,records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied and maintain such records for a period of four(4)years after termination of this Lease. The Lessor, its officers,employees,agents, and contractors shall have access to the Lessee's books, records, and documents related to this Lease upon request. The access to the inspection of such books, records, and documents by the Lessor shall occur at any reasonable time. 10. Relationship of Parties. The Lessee is,and shall be an independent contractor and not an agent or servant of the Lessor. The Lessee shall exercise control, direction, and 3 supervision over the means and manner that its personnel, agents, employees, and volunteers perform the work for which purpose this Lease is entered, The Lessee shall have no authority whatsoever to act on behalf and/or as agent for the Lessor in any promise, lease,or representation, other than specifically provided for in this Lease,The Lessor shall at no time be legally responsible for any negligence on the part of the Lessee, its personnel, agents, employees, or volunteers resulting in either bodily or personal injury or property damage to any individual, property, or corporation. it. Termination. This Lease may be terminated at the discretion of the Lessor in the following circumstances: A. Lessee fails to pay the rent when due; B. Lessee fails to obtain the insurance required under this Lease or allows the required insurance coverage to lapse or fall below the minimum required;or C. Lessee otherwise breaches the terms of this Lease; Unless the Lessor has accepted in writing a delay in performance of duties, the failure to perform said duties shall constitute a default under the terms of this Lease. In the case of default/breach, the County Administrator or his designee shall first give Lessee a written notification stating the default/breach and that Lessee has seven (7) days to correct the default/breach. If the Lessee has not corrected the default/breach at the end of the seven(7)days,then the Lessor may terminate the Lease in its discretion. If it shall be necessary to employ the services of an attorney in order to enforce its rights under this Lease, the Lessor shall be entitled to reasonable attorney's fees. Waiver of a default in any particular month shall not bind the Lessor to forego the provisions of this paragraph and any subsequent default shall be grounds for termination. Termination for Convenience. Lessee may terminate this Agreement upon thirty (30) days' written notice as provided in this Lease if it desires to vacate prior to the expiration of the three (3)month term of this Lease. No rental, shall accrue and neither party shall have any further obligations under the terms of this Lease alter the effective terminate date of the notice, 12. Uses. The Premises shall be used solely for the purposes of conducting the Lessee's activities related to its business operations, known as Wolfe Family Holdings, Inc. and Wolfe Stevens PLLC Law Office. Lessee shall neither commit, nor permit waste of the demised Premises, shall use with care and shall not destroy or remove without consent of the Lessor, any Fixtures or improvements of the Premises. Lessee shall not maintain, commit, or permit, the maintenance or commission of any nuisance on the Premises. Any damages resulting from misuse shall be borne by the Lessee. Lessee shall be permitted to erect signs on the Premises with prior permission of Lessor, including but not limited to a sign containing the name of Lessee's operations, The Lessor's decision on signagc will be delivered no later than fifteen (15) days after the Lessee's, request. Lessor retains the right to display signagc for its own purposes provided it meets all legal 4 requirements. Lessee shall not remove any interior or existing signs without Lessor's consent/permission. 13. Maintenance and Condition of(bg Premises. During the term of this Lease, Lessee is responsible for all maintenance and repairs, including major repairs. Lessee must keep the Premises in good order and condition. Lessee must promptly repair damage to the Premises. At the end of the term of this Lease, the Lessee must surrender the Premises to the Lessor in the same good order and condition as the Premises were on the commencement of the term, normal wear and tear excepted.The Lessee shall not commit waste on the Premises,nor maintain or permit a nuisance on the Premises. After termination or expiration of this Lease, the Lessee shall pay the Lessor the cost of any repairs and clean-up necessary to restore the Premises to its condition at the commencement of the Lease. Lessee accepts the Property in its "AS IS" condition. ne Lessee does hereby accept the leased Premises as now being in fit and tenantable condition for all purposes of the Lessee. If at any time during the term of the Lease, however, the property is determined by any lawful authority, including but not limited to,Marathon Building Dept.,FEMA, Dept.of I lealth,or Dept.of Justice for any ADA compliance standards,or for any other such related issues, to not be safe or lawfully habitable, the cost of compliance or repair will be borne by the Lessee or the Lease shall immediately terminate. 14. Assignment. Lessee may not assign this Lease or assign or subcontract any of its obligations under this Lease without the prior written approval of the Monroe County Board of County Commissioners. All the obligations of this Lease will extend to and bind the legal representatives, successors, and assigns of the Lessee and the Lessor. 15. Subordination. This Lease is subordinate to the laws and regulations of the United States, the State of Florida, the City of Marathon, and Monroe County, whether in effect on commencement of this Lease or adopted after that date. 16. Licenses. Lessee shall be responsible for and provide all licenses required by all local, state, and federal agencies. 17. Premises to he Used for Lawful Purposes. It is expressly covenanted between the parties hereto that the Lessee will not use, suffer, nor permit any person to use in any manner whatsoever the leasehold property, nor any portion thereof, for purposes calculated to injure the reputation of the leasehold property or of the neighboring property, nor for any purpose or use in violation of the laws of the United States,or of the State of Florida,or of the Ordinances of Monroe County, Florida, or of the Ordinances of any applicable municipality. Lessee will keep and save the Lessor forever harmless from any penalty or damage or charges imposed for any violation of any of said laws, whether occasioned by neglect of Lessee and Lessee will indemnify and save and keep harmless the Lessor against and from any loss, cost,damage, and expense arising out of any accident or other occurrence,causing injury to any person or property whomsoever or whatsoever, and due directly or indirectly to the use of the leasehold Premises or any part thereof by Lessee. 5 18. Limitation of Lessor's Liability. It is further agreed that in no case shall the Lessor herein be liable,under any express or implied covenants in the Lease, for any damages whatsoever to the Lessee beyond the rent reserved by the Lease accruing, for the act, or breach of covenant, for which damages may be sought to be recovered against said Lessor, and that in the event said Lessee shall be ousted from the possession of said property by reason of any defect in the title of said Lessor or said Lessor's authority to make this Lease, said Lessee shall not be required to pay rent under this Lease while it is so deprived of said property, and that said Lessor shall not incur any liability as a result of such ouster. 19. No Waiver of Breach. It is further mutually covenanted and agreed between the parties hereto that no waiver of a breach of any of the covenants of this Lease shall be construed to be a waiver of any succeeding breach of the same covenant. 20. County's Right of Entry. The Lessor reserves the right hereunder to enter upon the Premises at any reasonable time during normal operating hours for the purpose of inspecting said Premises to determine whether Lessee has complied and is complying with the terms and conditions of this Lease.The Lessee hereby agrees to keep the Premises at all times in a clean and sanitary condition, and not to maintain or keep upon said Premises any properties or equipment not used in connection with the operation of said business, unless authorized by the Lessor to do SO. 21. Resl2onsibilily for PropeEll on Leasehold. All property or any kind that may be on the Premises during the term of this Lease shall be at the sole risk of the Lessee. The Lessor shall not be liable to the Lessee or any other person for any injury, loss, or damage to property or person on the Premises. 22. Damage to Leasehold. In the event that the demised Premises, or a major part thereof, are destroyed by Fire, storm, or any other casualty, the Lessor at its option may forthwith repair the damage to the Premises and any structures located thereon at its own cost and expense. The rental thereon shall cease until the completion of such repairs. I r Lessor exercises its option to repair the Premises, Lessee agrees to assign its right to the insurance proceeds to the Lessor. 23. Rights Reserved. Rights not specifically granted to Lessee by this Lease are reserved to the Lessor. 24. Indemnification / Hold Harmless. The Lessee covenants and agrees to defend, indemnify and hold harmless Monroe County Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, and employees from any and all claims, demands, or causes of action for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the Lessee utilizing the property governed by this lease/rental agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 6 25. Governing Law. Venues, and Intyrugtati2n: This Lease shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Lease, the Lessor and Lessee agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Lessor and Lessee agree that, in the event of conflicting interpretations of the terms or a term of this Lease by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 26. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Lease shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 27. Severabili!y. If any term, covenant, condition, or provision of this Lease (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions, and provisions of this Lease, shall not be affected thereby; and each remaining term, covenant, condition, and provision of this Lease shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions, and provisions of this Lease would prevent the accomplishment of the original intent of this Lease. The Lessor and Lessee agree to reform the Lease to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 2& Attorney's Fees and Costs. The Lessor and Lessee agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees,court costs,investigative,and out-of-pocket expenses,as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Lease shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 29. Bindine Effect. The terms, covenants, conditions, and provisions or this Lease shall bind and inure to the benefit of the Lessor and Lessee and their respective legal representatives, successors, and assigns. 30. _Authority. Each party represents and warrants to the other that the execution, delivery and performance of this, Lease have been duty authorized by all necessary County and corporate action,as required by law. 7 31. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Lease; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 32. Adiudication of DisputE§-or Dilagreements. Lessor 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. 33. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Lease, 11cssor and Lessee agree to participate,to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Lease or provision of the services under this Lease. Lessor and Lessee specifically agree that no party to this Lease shall be required to enter into any arbitration proceedings related to this Lease. 34. Nondiscrimination. Lessor and Lessee agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Lease automatically terminates without any further action on the part of any party, effective the date of the court order. Lessor 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 Office and Treatment Act of 1972 (P,L 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 290ce-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 basis of disability; 10)Monroe County Code,Chapter 14, Article 11, 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. 35. Covenant of No Interest. Lessor and Lessee covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with 8 its performance under this Lease, and that the only interest of each is to perform and receive benefits as recited in this Lease. 36. Code of Ethics. Lessor agrees that officers and employees of the Lessor 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. 37. No Solicitation/Payment. The Lessor and Lessee warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona ride employee working solely for it, to solicit or secure this Lease and that it has not paid or agreed to pay any person, company,corporation,individual,or firm,other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Lease. For the breach or violation of this provision, the Lessee agrees that the Lessor shall have the right to terminate this Lease without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 38. Public Access. The Lessor 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 Lessor and Lessee in conjunction with this Lease,and the Lessor shall have the right to unilaterally cancel this Lease upon violation of this provision by Lessee. 39. Non-Waiver of Immunily. Notwithstanding the provisions of Chapter 768.28, Florida Statutes,the participation of the Lessor and Lessee in this Lease and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the Lessor be required to contain any provision for waiver. 40. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the Lessor, when performing their respective functions under this Lease within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County, 41. Legal Obligations and Responsibilities. Non-Dclegation of Constitutional or Statutory Duties. This Lease is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Lease 9 is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the Lessor, except to the extent permitted by the Florida constitution, state statute, and case law. 42. Non-Reliance by Non-PaLfig', No person or entity shall be entitled to rely upon the terms, or any of them, of this Lease to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the Lessor and Lessee agree that neither the Lessor nor the Lessee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Lease separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Lease. 43. Attestations. Lessee agrees to execute such documents as the Lessor may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. 44, 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. 45. Execution in CgUH1gEUUk. This Lease may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Lease by signing any such counterpart. 46. Section Headings. Section headings have been inserted in this Lease as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Lease and will not be used in the interpretation of any provision of this Lease. 47. Cancellation of Agreement. Lessor may cancel this Lease Agreement by giving Lessee sixty(60)days'advanced written notice upon the happening of any of the following events: the appointment or a receiver of Lessee's assets;the divesting of Lessee's leasehold estate by other operation of law; the abandonment by Lessee of the premises for a period of sixty (60) days. By the end of the sixty(60)days' notice period,Lessee shall have vacated the Premises and the Lessor may immediately re-enter and take possession of same. If it is necessary to employ the services of an attorney in order to enforce the Lessor's rights under this paragraph, the Lessor shall be entitled to reasonable attorney's fees. 48. Mutual Review. This Lease has been carefully reviewed by Lessee and Lessor; therefore, this Lease is not to be construed against either party on the basis of authorship. 10 49. Notices. Any written notice or correspondence given pursuant to this Lease shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: LESSOR: LESSEE: County Administrator Wolfe Stevens PLLC Monroe County c!o John Wolfe, Esq. 1100 Simonton Street 2955 Overseas Hwy. Room 2-205 Marathon, Florida 33050 Key West, Florida 33040 and �; Monroe County Attorney o . ,= P. O. Box 1026 r r -71 Key West, Florida 33041 -1 .11 .p 4. o ...„;;,,;„ IN WITNESS WHEREOF, the parties hereto have set their hands and sealS:41 day and r 'r, ', << <yeailrs above written. 9? o 1°� ni. ' -' < E' \ , ` \i61 LESSOR: c �A � � ; BOARD OF COUNTY COMMISSIONERS o i `AsTTH.ST .VIN DOK, CLERK OF MONROE C UNT FLORIDA „,,,,,,, ,,,,___„,„T eputy Clerk M 0 LESSEE: WOLFE STEVENS PLLC WITNESSES:ma.). G� ,'fr. /I- By: .�... ._12'31",/ L--'" nne ..W..�. . Print Name :- la _, Title „4/74.441eAri2 Print Name MONROE COUNTY ATTORNE`'S OFFICE 11AST� PATRICIA EABLES ASSISTANT COMITY�,OR,EY DATE: .. i + i EXHIBIT "A" Insurance Requirements 1 2019 Edid General Insurance Requirements for Organizations/Individuals Leasing County-Owned. Property Prior to the Organization or Individual taking possession of the property owned by the County,or commencing its concessionaire operations, the Organ izationlindivi dual shall obtain,at his/her own expense, insurance as specified in the attached schedules, which are made part of this lease/rental agreernem The Organization/Ind i A dual will not be permitted to occupy or use the property until satisfactory evidence of the required insurance has been furnished to the County as specified below. The Or-0anizationlindividual shall maintain the required insurance throughout the entire term of this lease/rental agreement and any extensions specified in the attached scheduics. Failure to comply with this provision may result in the immediate termination of the leaselrental agreement and the return of all property owned by the County. The Organization/Individual will be field responsible for all deductibles and self insured retentions that may be contained in the Organizationlindividual's insurance policies. The Organization/Individual shall provide, to the County, as satisractory evidence of Lhe required insurance, either: * Certificate oHnsurance or * A Certified copy or the actual insurance policy. The County, at iv; sole option, has the right to request as certified copy of any or all insurance JIGHCiCS W(jLlirCd by INS COMIL'Ict, All irnur,mcc policies mtvtspecify that [lie) are not subject to eancellation, 11011-rene"a 1, nialeli'd ClWll"C, Or VC(ILICU011 in COM411le IMICSS It 1111iliDIUM Of thirty (30) days prior nolilicaimn 1' ' "sari" to the Cot niv by the imurer. The accepwrice and/orapproval of ilic Oi-,,-,iiiiw;ilionlincliViCILL,11'S iWqUrallCCShAl neat Ile C01WRIC(l 0 its relievill- the Cyr aarai aaticataflndia itltraap 11-0111 Mly Hilhifily (11' OblilMlliOn aNMMC(l UndCr 1hN contract or inipowd by law. The Monroe Counly Bowd of Count)'Comrniwsioncrs, will be included as "Additional Inwred" on all policie,,. They will also be narlied as "Loss Payee"%vith ic.,q)ccl to Fire l..cr- -al Expasuie. Any deviations from thew Gencrill Insurance RcquircnicriN nium lie recluested in v,i iting on the County prepared l'orni entitled"Request for Waives-offristurance Requirements"awild approNed by Monroe County Risk Man ages nc sit. tu ?rttR I«4181I±f1 GENERAL LIABILITY INSURANCE REQUIRE MENT FOR LEASEIRE NTAL OF PROPERTY OWNED Y THE COUNTY FOR CONTRACT BETWEEN ON OE COUNTY,FLORIDA AND Prior to theOrganization/Individual taking possession of the property governed by this lease/rcntal agreement, the Organization/Individuaal shall obtain General Liability Insurance. Coverage shall tac innintaained throughout the life of'the craratraact and include,as a minim urn: a Premises Operations m Producis and Completed Operations a Blanket Contractual Liability 0 Personal Injury Liability a Dire Legal Liability with limits equal to the fair market value of the leased property.) The taainiraium limits acceptable is. 1,000,000 Combined Single Limit( I-) An OCCUrrance Form pralicy is 17rcferred. If coverage ge is provided oil au lauitta'. Nelttoc policy, its ptnvisinw, should inclt.tcic coverage last t:kitatt,, filed on car rahcr the °flwia,c Lhoc raf"this contrlict. In odditiurta, the peu°inal for which r:luitM ttu,uy' he MINA ecl shtatttd eytt„nd f0V at taa`snittatitta ral t% ela,e (12) months folloaa hw, tltc tenpin uiion Oat the lxaNc/Rentaal A,wccntewt The Nloiauctc cuunty Ba7,ard cal, `ouln) carat w,1,icrners aw ill 11C MiinLcl aus Addiiionaul Inn urecl oil all pol cics issued ttu aattisf) the atlao%c reCILIii'cuaactat4. i 201 Edaaian WORKE A I FOR CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Prior to the commencement or work governed by this contract,the Contractor will obtainWorkers' Compensation Insurance with limits sufficient to respond to the applicable Workers' Compensation state statutes and the requirements of Chapter 440,Florida Statutes. In addition,the Contractor will obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident S 1,000.000 Bodily Injury by Disease,policy It its S 1,000,000 Bodily Injury by Disease,each employee Coverage will be maintained throughout the entire terns of the contract. Coverage will lie provided by n company oar companies authorized to transact business in the state Of T oridaa. if the Cconttaactor has been approved by the Fimidn'ti Depaorrient of Ukbor, as tan sauthorizctl wclr- insurer, the Cuunty may recognize .and honor the Contractor's status. The Contractor may he required to submit to Letter ol`Atathoti7sati n issued by the Department of Laahnr.and as Certific:Aalc ul`Insurcutec,lifovitiing details on the Cn ew ntracior's Fxcs Insurance Progriain.. II'tile: C'01111natill l,.tat c°ip`at" in sa sell'uawaaa-ance: hoard, :a Cert'al'UVIC caf IaaSUriance %vill be argtaiacd, In addition, Iltc Ctnttuavior tasty lie ra;yuiretl to.stibmit updated Im ntcild statluilleltts fra'tat the Itind upon actlucst rraaaat Iliv Comity. WC3 Adn*Miradvc tauamdon 73007 �-ppr 4 .2.i WOLFSTE-01 NORTHC ACORO- CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/10/2020 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(ies)must have ADDITIONAL INSURED provisions or 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 CQME:TACT Julie Broche Nnn Insurance Office of America PHONE FAX 13361 Overseas Highway (A/c,No,Ext>:(305)289-0213 (Alc,No):(305)743-1810 Marathon,FL 33050 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC B INSURER A:Scottsdale Insurance Company 41297 INSURED INSURER B: Wolfe Stevens PLLC INSURER C: 2955 Overseas Highway INSURER D: Marathon,FL 33050 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR X CPS7073580 2/2/2020 2/2/2021 pREMiSEs L a oCCERencel $ 100,000 • MED EXP(My one person) $ 5,000 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: APPROVFD RISK MANA(;FMENT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO / 04-10-2020 BODILY INJURY(Per person) $ OWNED SCHEDULED ,GQ�LCL.L.. cJ Q�G`C�i AUTOS ONLY _ AUTOS BBODILY INJURY(Per accident) $_ AUTOS ONLY NON-OWNEDTS Y {Per accidentDAMAGE UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ PE AND EMPLOYRE ERS'LIABILITY MPENSATION YIN STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER 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. AUTHORIZED REPRESENTATIVE Monroe County Board of County Commissioners 1111 12st.,Suite 408 / �` Key West.FL 33040 2 b.-(.t,( L ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD