Item C02 C.2
� � � BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � ,s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
June 17, 2020
Agenda Item Number: C.2
Agenda Item Summary #6602
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
None
AGENDA ITEM WORDING: Approval of a Second Amendment to Commercial Lease with
Oxford Business III Corporation to reflect change in ownership of its building interest to Key Vaca
Center, LLC, for the Supervisor of Elections office at 100th Street Center in Marathon and to update
addresses.
ITEM BACKGROUND: The County currently has a Lease for the Supervisor of Elections'
Marathon office located at 10005-10015 Overseas Highway, at a building known as the 100th Street
Center. Oxford Business III Corporation sold its interest in the property on or about January 14,
2020, and this Second Amendment is to update the Lease reflecting the sale of its interest from
Oxford Business III Corporation to Key Vaca Center, LLC. The current Lease terminates on May
31, 2021. This Second Amendment also reflects a change in the Lessor's new principal address for
Key Vaca Center, LLC, as 17013 Coral Way, Sugarloaf Key, Florida 33042. The Lessor's address
for purposes of any notices, pursuant to paragraph 31 of the Lease, shall be Key Vaca Center, LLC,
c/o Mark A. Pollaci, at 117 West 28 Street, 2ad Floor, New York, NY 10001. All future rental
payments shall also be mailed to Lessor at the New York address. This Amendment also updates all
addresses.
PREVIOUS RELEVANT BOCC ACTION:
April 17, 2019 BOCC approved a renewal term of two (2) years for the Commercial Lease with
Oxford Business III Corporation for space in Marathon for the Supervisor of
Elections' office with an annual adjustment in the base rent by a 3.25% increase
on the anniversary date of the Lease.
May 21, 2014 BOCC approved a five (5) year Commercial Lease with Oxford Business III
Corporation with five (5) optional (1) one year renewals for space in Marathon for
the Supervisor of Elections' office with an annual adjustment in the base rent by
the greater of either the C.P.LU. for the previous twelve months ending December
31st or by a 3.25% increase on the anniversary date of the Lease.
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C.2
CONTRACT/AGREEMENT CHANGES:
Second Amendment-New Owner/Lessor due to sale from Oxford Business to Key Vaca Center.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2nd Amendment to Commercial Lease - Key Vaca Center LLC (legal stamped)_partial executed
01-14-2020 Sale of 100th Street Center Letter
1st Amendment 04/17/2019
Supervisor of Elections Lease in Marathon
FINANCIAL IMPACT:
Effective Date: Retro-active to January 14, 2020
Expiration Date: May 31, 2021
Total Dollar Value of Contract: $4,330.36/month
Total Cost to County: $103,928.64
Current Year Portion: $17,321.44
Budgeted: yes
Source of Funds: Supervisor of Elections
CPI: yes
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: no If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: yes
Additional Details: Oxford Business III Corporation has sold its interest in the property
known as 100th St. Center to Key Vaca Center, LLC-new owner/lessor of the Supervisor of
Elections' office in Marathon.
Oxford Business III Corporation has sold its interest in the 100th St Center to Key Vaca Center-
new owner/lessor on behalf of the Supervisor of Elections at 100th Street, Marathon.
REVIEWED BY:
Patricia Eables Completed 06/02/2020 12:07 PM
Kevin Wilson Completed 06/02/2020 2:08 PM
William DeSantis Completed 06/02/2020 2:18 PM
Purchasing Completed 06/02/2020 2:22 PM
Budget and Finance Completed 06/02/2020 3:52 PM
Maria Slavik Completed 06/02/2020 4:17 PM
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C.2
Kathy Peters Completed 06/02/2020 4:18 PM
Board of County Commissioners Pending 06/17/2020 9:00 AM
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C.2.a
SECOND AMENDMENT TO COMMERCIAL LEASE 22
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This SECOND AMENDMENT TO COMMERCIAL LEASE is made and entered into
this 17d' day of June, 2020, by and between OXFORD BUSINESS III CORPORATION, a
Florida for-profit corporation,whose new principal address is, c/o Emerald Real Estate,Inc., 1395
Brickell Avenue, Suite 760,Miami,FL 33131, hereinafter referred to as"LESSOR', and BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political
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subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040, hereinafter referred to as "LESSEE".
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WHEREAS,the Lessor and Lessee entered into a Commercial Lease dated May 21,2014, 2
("Lease"), for office space located at Unit A and Unit B, 100th Street Center, commonly known as
10005-10015 Overseas Highway, Marathon, Monroe County, Florida 33050 ("Property"), with X
said premises being occupied by the Monroe County Supervisor of Elections; and
WHEREAS, Lessor and Lessee entered into a First Amendment to Commercial Lease
dated April 17, 2019, wherein Lessee accepted the offer of Lessor and renewed the term for an
additional two (2)years commencing on June 1, 2019, and terminating on May 31, 2021, with the E
annual base rent increase pursuant to the Lease terms; and
WHEREAS,the initial Landlord, Oxford Business III Corporation, sold the real Property,
which is the subject of the herein leased premises, to a new owner, Key Vaca Center, LLC, a
Florida Limited Liability Company, on or about January 14, 2020; and
WHEREAS, Lessor's principal address has changed, its address for rent payments, and
for notices pursuant to Paragraph 31 of the Lease, has also changed and this Amendment will,
therefore, reflect the new Property owner and addresses; and
WHEREAS,the parties find it mutually beneficial to amend the Lease as to the new owner
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and address changes;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and
considerations contained herein, the parties agree as follows:
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1. The Original Agreement, as thereafter amended, is now amended to reflect the U
current owner of the property, and Lessor herein, as Key Vaca Center, LLC. The
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new Lessor's principal address is 17013 Coral Way, Sugarloaf Key, Florida 33042. u
2. Lessor's address for purposes of any notices to be sent from Lessee to Lessor
pursuant to Paragraph 31 of the Lease has changed and said address in that
paragraph is amended to reflect the new owner and address as follows: Key Vaca
Center, LLC, c/o Mark A. Pollaci, 117 West 28 Street, 2nd Floor, New York, NY N
10001. All future rental payments are also to be mailed to be sent to Lessor at this
same address. E
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Except as set forth in Paragraphs one and two of this Second Amendment to Commercial
Lease, in all other respects, the to s and conditions of the original Commercial Lease dated May
21, 2014, and as amended on April 17, 2019, not inconsistent herewith, shall remain in full force
d effect.
WITNESSIN , each party has caused this Agreement to be executed by its
duly authorized representative on the day and year first above written.
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(C O SEAL) KEY VCA CENTER, LLC
ATTEST: LESSOR X
Y: Y: -
Printed Name: Printed Name: �� t
Title: Title: t Q ` y
___ _. � _
Date:
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK COUNTY, FLORIDA
LESSEE
Y:
Deputy Clerk Mayor/Chairperso
Date:A.......... F.r.
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OIOE COUNTY ATTORNEY'ATTORNEYOS OFFICE
P 'V AS T F
PATRICIA EABLES
ASSISTANT COI R
DATE: _
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C.2.b
OXFORD BUSINESS III CORPORATION
L.
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January 14, 2020
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100`h St Center
Marathon Fl.
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Re: Sale of 100`h St Center
Dear Tenant:
Please be advised that, effective as of the date hereof,Oxford Business III Corporation,has sold
its interest in the 100�' St Center to Ker Vaca Center. In connection with such sale, all leases
for the 100h St Center have been transferred to the new owner.
The 100t' St Center will be managed by Mark A. Pollaci. All future rental payments, and
communications regarding the 100' St Center are to be sent to:
Key Vaca Center
C/O: Mark A. Pollaci
1 l 7 West?8 street 2nd Floor
New York. NY 10001.
A]I maintenance related issues. please contact Mark A. Pollaci at 646-327-44')1.
We have appreciated doing business with you and ask that you extend your cooperation to the
new owner and management_
Oxford Business 111 Corporation
Xo zinandlez �
A utlio ' .ed Agent
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1395 Brickell Ave. Ste 760. Miami H.3 131 ! 5-365-3673
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0•5,yyCU.p��. .L� Kevin Madok, cPA
30•......... Clerk of the Circuit Court&Comptroller— Monroe County, Florida
Roe eou
DATE: April 26, 2019
TO: Alice Steryou
Contract Monitor
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FROM: Painela G. Hanc 4-C.
SUBJECT: April 17"BOCC Meeting
Attached is an electronic copy of each of tie below items for your liandling.
C3 Residential Lease with a County employee, for Location F, commencing June 1, 2019
through May 31, 2020. The monthly rental amount is $550.00.
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C4 Residential Lease with a County employee, for Location E, commencing June 1, 2019
through May 31, 2020. The monthly rental amount is $550.00. y
C28 1 st Amendment to Commercial Lease with Oxford Business III Corporation for a two
year lease extension for die Supervisor of Elections office at 100dh Street in Marathon.
Slhould you lhave any questions, please feel free to contact me at(305) 292-3550. Thank
you.
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cc: Facilities Supervisor
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 Plan ' �� C1nr0
305-294-4641 305-289-6027 305-852-7145 305- Packet,Pg. 55
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FIRST AMENDMENT TO COMMERCIAL LEASE
This FIRST AMENDMENT TO COMMERCIAL LEASE is made and entered into this
17"day of April, 2019, by and between OXFORD BUSINESS III CORPORATION, a Florida
profit corporation, whose new principal address is 2727 Ponce de Leon, Coral Gables, Florida
33134, hereinafter referred to as "LESSOR", and BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street,Key West,Florida 33040,hereinafter referred to as"LESSEE".
WHEREAS,the Lessor and Lessee entered into a Commercial Lease dated May 21,2014,
("Lease"),for office space located at Unit A and Unit B, 100'h Street Center,commonly known as )
10005-10015 Overseas Highway, Marathon, Monroe County, Florida 33050, with said premises
being occupied by the Monroe County Supervisor of Elections; and
WHEREAS, the initial term of the Lease was for a term of five (5) years beginning on
June 1, 2014, and expiring on May 31, 2019; and
WHEREAS, the Lease provides that Lessee shall have the option to extend the term for
five(5)additional one (1) year renewal terms upon expiration of the initial term,subject to proper
notice being provided to Lessor that Lessee would exercise its option to renew the Lease;,and y
WHEREAS,Lessee provided proper notice to Lessor that it desired to extend the term.of
the tease,and Lessor offered to renew the lease for a two(2)or three(3)year term rather than the
one(1)year renewal term as provided in the Lease;and
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WHEREAS, Lessee has accepted the offer of Lessor and desires to renew the term for an
additional two (2) years to begin on June 1, 2019, and expire on May 31, 2021, with the annual
base rent increase pursuant to the Lease terms; and
WHEREAS, Lessor is entitled to an increase of the base rent by the greater of an annual
C.P.I.U. adjustment or by 3.25%on the anniversary date as allowed under the Lease; and E
WHEREAS, Lessor is entitled to an increase in Lessee's prorate share of the annual costs
for fire,flood and windstorm insurance,real property taxes,waste collection fees,common utilities
and annual costs to keep and maintain in good repair the building exterior, landscaping, lighting,
sidewalks, driveways, curbs and sign; and `=
WHEREAS,Lessor's principal address has changed and its address for notice pursuant to
Paragraph 31 of the Lease has also changed and this Amendment will reflect the new addresses;
and
WHEREAS, Lessee desires to amend Paragraph 39 of the Lease to include revised non-
discrimination language pursuant to its updated County ordinances and/or Florida Statutes;and
WHEREAS, the parties f find it mutually beneficial to amend the Lease as to the term,
monthly base rent,address changes,and nondiscrimination language; and
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NOW, THEREFORE, IN CONSIDERATION of the mutual promises and
considerations contained herein,the parties agree as follows:
1. The initial five (5) year term under this Lease initiated on June 1, 2014, and
terminates on May 31,2019,as set forth in the WITNESSETH Paragraph of the Lease. Paragraph
43 of the Lease provides that Lessee shall have an option to extend the term for five(5)additional
one(1)year terms subject to proper notice from Lessee to Lessor.
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2. Lessee provided proper notice to Lessor exercising its option to renew the Lease
for an additional one (1) year term. Lessor offered to instead renew the Lease for a two (2) or
three (3) year term, and Lessee accepted said offer to avoid the Supervisor of Elections' office
having to move or renew its Lease during a Presidential election year.
3. The term of the renewal for this Lease shall be for two (2) years commencing on
June 1,2019,and terminating on May 31,2021,under the same terms and conditions of the original
Lease, unless terminated earlier under another paragraph of this Lease.
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4. Pursuant to Paragraph 1 of the Lease, the base rent shall be subject to an annual
adjustment increase of the greater of a)C.P.I. U.for the 12-month period ending on December 31 `
of the previous year or b) 3.25%on each successive anniversary date.
5. Commencing on June 1, 2019, for use of the premises the Lessee shall pay the
Lessor a base rent, which has been increased by 3.25%pursuant to the Lease, in the total monthly
amount of Two Thousand Nine Hundred Ninety-seven and 05/100($2,997.05)Dollars,payable in
arrears upon receipt of a proper invoice pursuant to the Florida Prompt Payment Act, Florida
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Statute, Section 218.70.
6. Lessee shall also pay in addition to the monthly base rent, its prorata share of the
annual costs pursuant to Paragraph 2 of the Lease, which is subject to adjustment during the term
of the Lease. Lessee currently pays annual costs at a rate of 7.05. in the current amount of One
Thousand Two Hundred Fifty-six and 66/100 ($1,256.66) Dollars, which has now increased to a
rate of 7.48,for a new monthly annual costs amount of One Thousand Three Hundred Thirty-three
and 31/100($1,333.31) Dollars per month.
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7. Commencing on June 1, 2019, Lessee shall pay a total monthly rental amount of
Four Thousand Three Hundred Thirty and 36/100 ($4,330.36) Dollars, for the base rent and its
prorate share of the annual costs.
8. Lessor's principal address is changed to 2727 Ponce de Leon,Coral Gables,Florida
33134, as reflected in the opening paragraph herein. Lessor's address for purposes of any notice E
to be sent from Lessee to Lessor pursuant to Paragraph 31 of the Lease has changed and said
paragraph is amended to reflect the new address as follows: OXFORD BUSINESS III
CORPORATION, c/o Emerald Real Estate, Inc., 1395 Brickell Avenue, Suite 760, Miami, FL
33131. y
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9. Paragraph 39 of the Lease with regard to non-discrimination shall be amended in
its entirety and replaced by the following paragraph:
39. Lessor and Lessee agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
Lessor or Lessee agrees to comply with all Federal and Florida statutes, and all local 0
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
on the basis of race, color or 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
(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970(PL 91-616),as amended,relating to nondiscrimination on the basis of alcohol ca
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss.690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse
patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990(42 USC s. 12101 Note),as may be amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County
Code Chapter 14,Article 11,which prohibits discrimination on the basis of race, color,sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; 11) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
10. All of the remaining terms and conditions of the Commercial Lease dated May 21, E
2014,not inconsistent herewith, shall remain in full force and effect.
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative on the day and year first above written.
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(CORPORATE SEAL) OXFORD BUSINESS III CORPORATION,
ATTEST: LESSOR
BY --�-
P 'nted Name: a S P ' Name: �b,�A�t� 'dG�W rJ�i=Z
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Title: .0 ,, � .�� itle: 1-�v-� tLL�A's LerJ7
Date: E
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•o`'N•4 ,r � , •�` BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
BY: BY:
Deputy Clerk Mayor/Chairperson
Date: 7 7,0 c 9
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MO OE COUNTY ATTORNEY'S OFFICE
QVED AS TO JOR?,
PATRICIA EAGLES
ASSISTANT COUNTY ORNEY
DATE:
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COMMERCIAL LEASE
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THIS T OF LEASE, made and entered into this 2.1st day of May, 2014,
by and between the OXFORD BUSINESS _Ill CORPORATION, hereinafter, referred to as
Lessor, and BOARD OF. COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
hereinafter referred to as Lessee (the terms "Lessor" and "Lessee" to be construed in the
singular or plural number accordingly as they respectively represent one or more than one �
person, partnership, corporation or other organization):
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IT TFI:
.1..hat Lessor does by these presents lease and dernise unto Lessee the following
described property, lying and being situated in the city of Marathon, County of Monroe, Mate
of Florida, and being more particularly described as follows: Unit A & Clint B, 100th `street0.
Center, commonly known as 10005-10015 Overseas Highway, Marathon Monroe County, �i
Florida, containing approximately 2,139 rentable square feet, y
Suite R.S.F
( ) 10015 1,407 I
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TOTAL - > 11 g
for a terry of five (5) years, beginning on the 1st day of dune, 2014, and ending on the 31st
day of May, 2019, to be occupied for the purpose of conducting the business of Monroe
County Elections Office / administrative-office type use (and said demised premises are to be
used in no other manner and for no other purposes whatsoever without the prior written �
consent of t...essor), paying therefore the initial base rent of Two Thousand Hive Hundred
FLifty Four and1 '1 0 per month
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Space RSF= Rat $IRSF" Base
A 732 1.4.00 $ 854.00
B 1,407 � 14.50 1,700.1.3 y
W.W_ _.. _.._ .... �.. ...........__ .__ .. ..1
,r0TAL (A+B) 2,139 2,55/1,1' I v,
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upon the following terms, conditions and covenants,
1. Lessee shall pay the rent monthly, in arrears, upon receipt of a proper invoice
pursuant to the Florida Prompt Payment Act, Florida :statute section 218,70 at such address
as shall be supplied by Lessor', The base rent shall be subject to an annual increase of the
greater of a) C.P.W. for the 12 month period ending on December 31st of the previous year 0.
or b) 3. % on each successive anniversary date. The annual cap on C.P.1.U, shall be five
percent (5.0%).
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. In addition to the monthly base rent, the Lessee shall be obligated to pay his prorata
share
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SPACE €ZS€ %
10005 732 E.f l>
16U15 1,407 12.7%t
Pro Rota ,Fume 193% <u
of the annual costs for, fire, flood and windstorm insuran(:Re, real property taxes, waste �
collection fees, common utilities and annual costs to keel,) and maintain in good repair the
building exterior, landscaping, lighting, sidewalks, driveways, curbs and sign. Toward
these obligations, Lessee shall pay $ 1,099.80 per month as an estimated prorata share
of these expenses. This amount is subject to adjustment during the tern of the lease,
based on actual costs.
Yesar 2013 6A7
Space RSF CAM
732 1 370 37
f3 :1.,407 72.3.43
mT 2,139 1,099.80
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The total rent (Ease rent plrrs AM) for YEAR ONE shall be as follows;
BASF AM TOTAL
—
_ - -------------- .......
YEAR 1 Annual 1 $ 30,649,S0 $ L3,1 7,63 43,847,13 � ai
. Lessee shall at all times during the continuance of this lease, and at his own cost and
expense, keep and maintain in good repair the interior of the premises hereby leased, which
shall include all windows, plate glass and doors contiguous to the exterior. unless there is W
damage caused by the negligence of Lessor, Lessee shall keep the air conditioning
equipment inside the unit and serving the unit (handling unit), the plumbing work, water
closets, pipes and fixtures belonging thereto in good repair and shall keep the water pipes
and connections free from obstructions, and to generally maintain the demised premises to
the satisfaction of the municipal, police and any other governmental authority, during the term �
of this lease. Lessee shall not overload the carrying capacity of the floors of the dernised
premises. Lessee, so long as he shall remain in possession of the demised premises, shall
keep and maintain all portions of the premises, the improvements thereon, the
appurtenances, machinery, equipment and fixtures 'therein, in such condition as 'to prevent
any loss, damage; or injury to the persons, property, businesses, business or occupations of
any other persons permitted by Lessee to be in or about the leased premises, owners,
occupants and invitees of adjoining premises, and perSOns Upon the adjacent portions of the
street in front and the side streets of the demised premises. In the event Lessee shall replace
appurtenances, machinery, equipment or fixtures, the replacements shall be in general
conformity to that replaced as to duality, size and appearance. At the termination of this
lease, Lessee shall deliver up the demised premises in as good condition as at the beginning
a?
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of the terror, natural deterioration and normal wear and tear, depreciation and damage by fire
and the elements only excepted.
Lessor shall be responsible for capital costs, approved by Lessor, exceeding ...f.wo Thousand
Collars ( 2,000.00)
. Lessee agrees to accept possesslori of the demised premises in their present
condition.
. All property of every kind which may be on said demised prer'nises during the t rn"I
hereof shall be at the sole risk of Lessee, or those claiming under him, and the Lessor shall
riot be liable to Lessee or to any other person whatsoever, for any injury, less or damage to
any person or property in or upon said c ernised premises. To the extent set forth in
FS.768.28, Lessee hereby covenants and agrees to ass(Ame all liability for or on account of
any injury, loss or damage above described and to save Lessor harmless therefrom.
Fur0'iermore, Lessor shall not be liable to Lessee or to Lessee's patrons, employees, ca
licensees, permittees or visitors for any damage to person or property caused by t,fle act or
negligence of any other, tenant or said demised premises, or due to the Building on said �
premises or any appurtenances thereof being improperly constructed or being or becoming
out of repair, nor for any damages from any defects or want of repair of any part of the
building of which the demised premises form a part, unless injury or damage described above
was caused by or was due to negligence of Lessor, Lessor's agent, servant, employee or'
patron; but with the exception of the need for one ADA compliant handicap parking space of
which is to be corrected, Lessee accepts said premises as wholly suitable for the purposes
for which sarne are leased and accepts the building and each and every appurtenance
thereof and waives defects therein and further agrees, to the extent set forth in F. .7 a .2 , to �
hold Lessor harmless from all clairr'rs for any such damage unless such damage was caused
by or was due to negligence of Lessor's agent. It is further especially understood and agreed �
that Lessor shall not be liable for any failure of water supply or electric cur-rent, or for injury or
damage which aiay be sustained to person or property by l...essee or any other, person
caused by or resulting from steam, electricity, water, rain or other liquid which may leak or
flow from or into any part of said building or caused by the breakage, leakage, obstruction or
other defect of pipes, wiririg, appliances, plate glass, plumbing or lighting fixtures of the
same, or by the condition of said premises or any part thereof or from any other source or by
any other cause whatsoever, whether the said damage or injury shall be caused by or be due
to the negligence of Lessor, Lessor's agent, servant, employee or not, near shall Lessor be y
liable for interference with light or other incorporeal herec:itarnents, provided such
interference is caused by anyone rather than the landlord, nor.. shall Lessor be liable for such y
interference from operations by or for governmental agencies in construction of any public or
quasi-public work.
. Lesson will obtain fire, flood and windstorm insurance for the premises, and upon
submission of the bill for same to Lessee, Lessee shall reimburse Lessor for his prorata
share of same. Lessee shall purchase public liability insurance with coverage per occurrence
of at least One-million Collars ( 1,000,000.00) and shall name Lessor as a co-insured on said
policy.
7. Water/Sewer Charge, NA. E
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. Lessee shall pay all charges for water and electric as the same shall become due
during the terns of this lease. Each office is separately metered for water and electricity. Each
Tenant is responsible for their own usage and for payment of their utility bills.
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g. Lessee agrees that he promptly will execute and will fulfill all ordinances and �
regulations of the state, County or other governmental agencies applicable to said demised
premises, and all ordinances imposed by the Monroe County Health Departrnent and Sheriffs
Department for the correction, prevention and abatement of nuisances in or upon or �
connected with said dernised premises during the term of this lease, at Lessee's sale
expense and cast. c
10. Lessee shall riot assign this agreement, near shall underlet the whole or any part of the
demised prernise , without the consent: of Lessor first obtained in writing, and shall not
OCCUPY or permit or suffer the same to be occupied for any business or purpose deemed0.
extraha ardou s on account of fire. U
11.Lessee shall dive, in case of fire or other casualty, immediate notice in writing to
Lessor, who shall thereupon cause the damage to be repaired forthwith, provided materials,
supplies and labor are reasonably available, if any portion of the premises is rendered unfit
for occupancy, the rent shall be apportioned for the period of time required to make the
repairs, according to the part of the premises, if any, which remains usable by Lessee, If the
entire building shall be destroyed or if the premises is not accessible or is rendered unfit for
occupancy, then within 30 (thirty) days after the hire or rather casualty, either Lessor or Lessee
may cancel this Lease by notice in writing to the other, effective as of the date of the mailing
of the written notice„ except that the rant shall be apportioned as of the state of the fire or,
other casualty.
12.any sign for the demised premises shall conform to all applicable County codes and
shall be either a two-sided sandblasted or laser-cut sign, not to exceed 18 inches by '72
inches, and shall be installed by Lessor on the porch ceiling in front of the, demised premises,
Lessee shall not place, paint or otherwise affix any other signs, banners, flags or balloons at,
on or, about the premises, or any part thereof„ or change any light fixture, except as and
where first approved in writing by Lessor; and Lessor shall have the right to remove any sign
or signs in order to paint the building or premises or snake any other repairs or alterations, but
nothing herein shall be construed to require or obligate Lessor, at any time or in any manner,
to paint the building or premises or make any other repairs or alterations. Lessor grants
Lessee permission to furnish, install and maintain, at sole cost of Lessee, sign in the building y
marquee. Same to be approved by Lessor prior to installation, consent not to be
unreasonably withheld by Lessor.
1 .In the event of a breach or threatened breach by Lessee of any of the agreements,
conditions, covenants or terms thereof, Lessor shall have the right of injunction to restrain the
same and the right to invoke any remedy allowed by lave or in equity, as if specific remedies,
indemnity or reimbursements were riot herein provided for. Furthermore, the rights and
remedies given to Lessor in this lease are distinct, separate and cumulative rights and
remedies, and no one of there, whether or not exercised by Lessor, shall be deemed to be in
exclusion of any of the others.
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c
1 .The agreements, conditions, covenants and terms herein contained shall in every case 2
apply to, be binding upon, and inure to the benefit of the respective parties hereto, their heirs,
executors, administrators, successors and assigns, with the saute force and effect as if
specifically mentioned in each instance where a party hereto is narried, provided, however,
that no assignr`nent or underletting by Lessee in violation of the provisions of. this lease shall
vest in any such assignee or undertenant: any right to title in or to the leasehold estate hereby
created.
15. o assent, express or implied, by Lessor to any breach of any of Lessee's covenants,
agreements, conditions or terms hereof shall be deemed or taken to be a waiver of any
succeeding breach of any covenant, agreement, condition or term hereof.
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1 . it is especially understood and agreed that all personal property placed on the
dernised premises by the Lessee may be removed by Lessee at the termination of this lease, U
provided Lessee shall not then be in default of the performance of any of its agreements,
conditions, covenants or terms hereof, and provided further that the building shall be left by �
Lessee substantially as well equipped as it is at the beginning of the terra, and provided
farther that no such property shall be rernoved by lessee if such removal should permanently
injure or dismantle said building, and provided further that the rer-noval of any such property
shall be effected within Five ( ) days after the expiration of the said terra and all damage
caused to said premises by such removal shall be repaired by Lessee, at his own coast and
expense. =
17. Lessee shall not Make alterations, additions or improvements to the demised premises �
or to the building thereof without the prior written consent of Lessor; and after such consent
has been given, unless otherwise agreed upon in writing„ all alterations, improvements and �
additions made by Lessee upon the dernise l premises shall be done by a licensed contactor
at a reasonable cost and, although at Lessee's own cost and expense, at the option of the
Lessor shall remain upon the premises at the expiration of this lease and shall become the
property of the Lessor in fee simple, without other action or process of law.
1 .In the event Lessee shall snake default in the performance of any of the agreements,
conditions, covenants or terms herein contained, Lessor, irri nediately or at any time
thereafter (no obligation, however, being imposed upon Lessor to do so) may perform the y
same for the account of Lessee, and any aMoo,rnt paid or any expense or liability incurred by �
Lessor in the performance of the same shall be deemed to be additional rent payable by y
Lessee for the demised premises, together with 1 t3% (eighteen percent) interest Per annurTI
thereon from the date of payment by the Lessor to the date of repayment, and the sarne, at
the option of Lessor, may be added to any fixed rent theta due or thereafter falling due
hereunder; and Lessor shall have the right to enter the said demised premises for the
purpose of correcting or remedying said default and to remain therein until the same shall
have been corrected or remedied. Any money due to Lessor shall not be deemed to be in
default until three (3) days after prior written notice by Lessor 'to Lessee. Lessee shall have
two ( ) weeks after, prior written notice by Lessor to correct any non-monetary default.
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g. Lessor shall have a statutory landlord's lien and in addition is hereby given an express
landlord's lien as security for the tied rent herein reserved, as well as any of the otl°rer 2
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charges or expenses elsewhere hereinabove or hereinafter designated a "additional rent"
capon all of the goods, ware, chattels, irnplernents, fixtures, furniture, tools, rrrachinery and
other personal property which Lessee now or at any time hereafter placed in or upon the
demised premises, all exemptions of said property of, any part of it beirig hereby b waived,
g. Lessee hereby especially covenants and agrees that this lease shall be subject and �
subordinate to any mortgage or mortgages now on the dernised prerrrises. Lessee further
agrees to subordinate this lease to any mortgage obtained by 1....essor during the term of this
lease or any extensions or renewals thereof.
1 Lessor hereby covenants and agrees that Lessee shall and will, upon payment of all of
the rents and all other° SLlrns of money herein provided to be paid by Lessee, upon fully
observing and performing the covenants and agreements herein provided to be observed and U
performed by Lessee, quietly and peaceably possess and enjoy said above-demised
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premises unless said lease be sooner terminated Lander and in accordance with any of the
provisions herein elsewhere contained providing for such termination.
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. If any of the fixed rem herein reserved or any of the other. charges or expenses
hereinabove designated as "additional rent", or any of the taxes, assessrnerrs, charges or
other sums of money to be paid by Lessee shall riot be paid as and when the same become
due and payable, or it' Lessee shall default in the performance of any of the other
agreements, conditions, covenants or terms herein contained, or if a petition or answer for
reorganization of Lessee or the then owner of Lessee's interest hereunder shall be approved �
by any court or judge thereof, or if Lessee or the then owner of Lessee's interest hereunder
shall make a general assignment for the benefit of creditors, or, shall take any benefit under, �
any insolvency or, bankruptcy act, or have a receiver, or trustee or other fiduciary appointed
for its property, or if Lessee's leasehold interest shall be taken on execution or other process
of law, or if this lease or the estate of Lessee hereunder shall be transferred or Mass to or
devolve upon any other person, firm, association or corporation except in the manner
provided hereunder, them and in any of said events, Lessor or those claiming Lander hirn may
imrrrediately or at any time thereafter have the right to ter-Minate and end this lease and the
terra hereby granted, as well as all of the right, title and interest of Lessee hereunder, by
giving Lessee ten ( 0) days notice in writing; and it is agreed that upon the expiration of the y
terra fixed in such notice, if the said nonpayment, default or other cause of termination �
specified irr such notice shall not have been made good or removed, this lease and the term y
hereby granted and created, as well as all of the right, title and interest of Lessee hereunder,
shall, at the option of I.-essor or those claiming tinder, hire, wholly cease and expire, in the
same manner and with the same force and effect as if the expiration of tirne in such notice
were the end of the term herein originally demised; and l...essor or those claiming Lander him
naay immediately or at any time thereafter, and without further notice or demand enter into and
upon the same premises or any part thereof, in the name of the whole, and repossess the
same as of his first and former estate, and expel the Lessee and those claiming under hirn
and remove its or their effects (forcibly, if necessary) without being taken or deemed guilty of
any manner of trespass, and without prejudice to any rerrredies which aright otherwise: be
used for arrears of rent or preceding breach of covenant, and that upon entry as aforesaid, �
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said lease shall be terminated; and Lessee agrees that, notwithstanding the termination of
this lease and possession regained by Lessor, he will indemnify Lessor against all loss of rent
which may accrue to hires by reason of such termination during the remainder of the terror
aforesaid.
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In the event Lessor does not exercise the right hereinabove givers hire, lie may accept
rent from the receiver, trustee or other officer in possession thereof for the term of such
occupancy without impairing or affecting in any way the rights of Lesser against Lessee �
hereunder. Any neglect or failure to enforce the right of forfeiture of this lease or reentry upon
breach of any of the conditions, covenants, terms and agreements herein contained shall not
be deemed a waiver of such right upon subsequent breach of any such or any other
condition, covenant, term and/or agreement herein contained.
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2:3. It is understood and agreed by and between Lessor and Lessee that in the event the0.
demised premises are condemned for public use by any governmental agency, County, State ca
or Federal, this lease shall cease and terminate and shall be of no further effect. and Lessee
shall have no claim or demand of any bind or character in and to any award made to Lessor �
y reason of such condemnation.
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24. It is expressly understood and agreed by aril between Lessor and Lessee that in the
event Lessor herein shall not be the owner of the premises herein demised, but shall hold a
lease of the property of which the demised premises are apart, then the resulting sublease is
and shall remain sub
ect to all of the terms and conditions of such existing lease to Lessor so
far as they may be applicable to the premises herein demised.
2 . t all tunes during the term of this lease, Lessor shall have the right, by himself, his
agents and employees, with at dust one day's notice to Lessee, but excepting an emergency �
where notice is not practical, to enter into and upon the demised premises during normal
business hours for the purpose of examining and inspecting the same and determining
whether Lessee shall have complied with all of its obligations hereunder in respect to the care
and maintenance of the premises, the repair and rebuilding of the improvements thereon
when necessary, and all other terms and conditions hereof.
2 .Lessee and Lessor, covenant and agree to pay and discharge all reasonable costs,
attorneys' fees (including appellate attorneys' fees) and expenses that may be incurred by N
I..-essor and Lessee in enforcing the covenants, agreements, conditions and terms hereof.
27. Lessee shall have; no power to do any act or to snake any contract that may create or
be the foundation for any lien upon the present or other estate of the leasehold and demised
premises, or upon any of the buildings or improvements thereon, except as herein elsewhere U
specifically provided. The interest of the Lessor shall not be subject to any liens for
improvements made by the Lessee and Lessee agrees to notify the contractor making any 0
such improvernents of this provision.
28.Lessee agrees that in taking this lease he is governed by his own inspection of the
premises aril his own judgment of their desirability for his purposes, and has not been
governed or influenced by any representation of Lessors to the conditions and character of �
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the building upon the premises or as to the earning capacity thereof; that no agreements,
stipulations, reservations, exceptions or conditions whatsoever have been made or entered T
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into in regard to said premises or this Pease which will in any way vary, contradict or impair
the validity of this lease or of any of its terms and conditions, and that no modification of this
lease shall be binding unless it shall be in writing and executed and acknowledged in due
farm for recording by all of the parties hereto. Fr..rrthermore, Lessee takes this lease and the
demised premises subject to all recorded easements and restrictions affecting the occupation
and use thereof and subject to all statutes, ordinances and regulations of competent �
governmental authority affecting the occupancy and use thereof, the construction and
maintenance of improvements thereon, and the businesses and occupations to be engaged
in by Lessee, in force now and subsequently during the term of this lease,
g.Any word, group of words, phrase, sentence, paragraph or provision herein prohibited
by law or decision by a court of competent jurisdiction shall be ineffective to the extent of0.
such prohibition without invalidating the remaining provisions hereof.
30, henever any payment is to be made under this lease at or within a time stated and
whenever any act is to be done under this lease, by either party, at or within a stated time,
tirne shall be of the essence of this agreerrrent.
31.Any notice from Lessor to Lessee relating to the dernised premises or to the
occupancy thereof shall be duly served, if addressed to Lessee, by United Mates registered
Mail, return receipt 1` equested, to:
Division of Public Works, Facilities paint n anc Contact tac°t on too �
3583 out a Roosevelt Blvd., Kev West, IFT 33040
,any notice from Lessee to Lessor shall be seat by United States registered Mail, return
Receipt requested, to:
r_
OXFORD BUSINESS III Rl r ...f_IO . c/o c
Frnerald real Estate Inc. / 1401 Brickell Ave. Suite 320 / Miarni, FL. 33131
3 .It is distinctly understood and agreed by and between the Lessor and the Lessee that
any holding over by Lessee of the herein dernised premises after the expiration of this lease
shall operate and shall be construed only as a tenancy at sufferance, and the tenant shall be
liable for such additional rent as shall be allowed by the laws of the Mate of Florida then in
effect, for the period of time he holds over after expiration. c
3. It shall be lawful for Lessor or his agents at any time within sixty ( g) days before the
expiration of the terror of this lease to enter upon the demised premises and to affix upon any
suitable part thereof a notice or notices for the leasing of same, and the Lessee agrees not to
remove any such notice or notices or to permit any of his employees, licensees or permittees
to remove the same.
3 .Security Deposit. Intentionally deleted.
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35,Move--in Funds: Breakdown of move in funds is depicted below:
-1 TEM TOTAL 0
First 1 , 3.g 3
1
Fast 4 WaIived
Security ' Waived 1
TOTAL l 3 3.J3
36.General cleaning and janitorial services to the Corrin-lon Areas in accordance with
the Building's standard cleaning schedule, and consistent with buildings comparable to the
Building in the sate geographical area as the Building is located. �
37.Lessor and Lessee each hereby represent and warrant to the other that they
have dealt with no broker, finder or similar went, in connection with this I.,ease other than the
Brokers. In the event that any broker or agent ether than the Brokers claims a brokerage fee
in connection with this transaction, the party who procured the services of such broker or ora y
whose behalf such broker was working if the forruer cannot be determined, agrees to pay
said fee and to indemnify and hold harmless the other party frorn and against any and all �
liability and expense in connection with any commissions, compensation.
33.Governing haw, Venues, Interpretation. Governing Law, Venue, Interpretation, Costs,
and Fees: This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida applicable to contracts rriade and to be performed entirely in the Slate.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreewrrient, the County and Contractor agree that venue �
will lie in the appropriate court or before the apapatopriate administrative beady in Monroe
County, Florida. E
The lessor and Lessee agree that, in the event of conflicting interpretations of the terms
or, a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
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39.Lessor and Lessee agree that there; will be no discrirrrination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrit-ninatiori has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. Lessor and Lessee agree y
to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are riot limited to; 1) Title VI of the Civil y
Rights Act of 1964 ( 'L 3m3 ) which prohibits discrit-ninatiori on the basis of race, color or
national origin; ) Title IX of the Education Amendmer°tt of 1972, as amended ( 0 U C ss.
1681-1683, and 1 85--1686), which prohibits discrimination on the basis of sex; 3) Section LU
504 of the rehabilitation Act of 1973, as arrtended ( 0 U Cs s. 794), which prohibits
discrimination on the basis of handicaps; 4) .The Age Discrimination Act of 1975, as arrrended 0
(42 U C ss. 6101- 107) which prohibits discrimination on the basis of age; ) .,t,.he Drug
Abuse Office and Treatment Act of 1972 (Pl_ g - 5), as arnended, relating to
nondiscrimination on the basis of drug abuse; ) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 197 (PL 91.- 16), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholisrn; 7) The Public E
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Health Service Act of 1912, ss. 523 and 527 (42 USC3 ss, 90dd-8 and 90ee-3), a
arnended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title Vill of �
the Civil Rights Act of 1968 (42 U C3 s. et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing Of I10using; g) The; Americans with Disabilities Act of 1990 (4
USC s. 1201 Note), as maybe amended frorn time to tirne, relating to nondiscrimination on
the basis of disability, 10) Any other nondiscrimination provisions in any Federal or Mate
statutes which may apply to the parties to, or the subject matter of, this Agreement.
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40, ttorney's Fees and Costs, Each party shall be solely responsible for the costs of its
own attorney's fees incurred in connection with the preparation and review of this lease for
execution. If any action at lave 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, terns, or conditions
of this lease, or for the recovery of possession of the demised premises, the prevailing parlay
shall be entitled to recover from the other party, reasonable attorney's fees and costs, the
anrount of which shall be fixed by tyre court and shall be rnade a part of any judgment or,
decree rendered.
1.Non-Waiver of Immunity, Notwithstanding the provisions of `sec. '7 8. 8, Florida
Statutes, the participation of the Lessor and Lessee in this Agreement 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, scar shall any contract entered into by the County be required to contain any
provision for waiver.
42.Lessor grants Lessee the right to use two ( ) parking spaces for every 1,000
rentable square feet leased with applicable signage. Guest parking can be found elsewhere
in parking area. The total spaces corresponding to Lessee as per this lease is Four (4)
spaces.
48. Lessee shall have the option to extend the Term for Five ( ) additional One (1) year
terrors (the "Renewal Terns"), subject to the terrors of this agreement and the following
provisions:
(a) Lessee mint exercise its options to renew by giving Lessor written Notice of
exercise on or before the date that is Four (4) months prior to the corresponding N
Expiration Gate with respect to the Renewal Terms ("Tenant's Renewal Notice"). �
Lessee shall have no right to renew any of the Term(s) if at the time of said notice of y
exercise there is an Event of Default by Lessee which has not been cured.
(b) Renewal Term(s) shall be on the same terrors and conditions as this Lease,
except that Lase Rent shall be established by I-essor and Lessee in accordance Three
(8) months prior to the Expiration Date with respect to the Renewal `Germ.
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IN WITNESSWHEREOF, the parties to this commercial lease agreement have
hereunto set their hands to duplicate originals the day and year, first above writ-ten after T
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having first rioted and approved all interlineations, insertions, strikeouts and strik ov rs the
1 st day of May, 2014
wltj�&Sse§: LESSOR
..»
OXFORD BUSINESS III CORPORATION
RATION
Printed Narne: _ ' e�v . _ � .. c
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Date: May 1, 20
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I"Al') LESSEE
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�i Xt AMY ➢1E'AVILIN, CLF'R K I3C?ARD OF C'0(.JN T Y (_`C)MMI`SIONE'RS E
OFMONROF COUNTY, FLORIDA
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