10/18/2000
LEASE AGREEMENT
THIS LEASE is made and entered into this 18th day of October, 2000, by
MARTIN VEGUE & McCLUNEY FUNERAL HOME, 2901 Overseas Highway,
Marathon, Florida 33050, hereafter LESSOR, and Monroe County, a political subdivision
of the State of Florida, whose address is 5100 College Road, Stock Island, Key West,
Florida 33040, hereafter COUNTY.
WHEREAS, LESSOR is the sole owner ofthe premises described in this lease;
and
WHEREAS, the COUNTY desires to lease premises for use as a Medical
Examiners facilities; now, therefore
IN CONSIDERATION of the mutual covenants contained herein, the parties
agree as follows:
Section 1.
LESSOR leases to the COUNTY refrigeration and operating
facilities at 2901 Overseas Highway, Marathon, Florida.
Section 2. The COUNTY shall use the premises solely for functions of the
Medical Examiner's Office.
Section 3. The term of this lease is for a period of thirteen months,
commencing August 28,2000 and ending September 30,2001. The County may exercise
an option to renew this lease for one additional year under the same terms and conditions
by providing to Lessor at least sixty days prior to the expiration of the agreement written
notice of the exercise of option.
Either party may terminate this Agreement without cause by giving sixty (60) days
written notice to the other indicating its desire to terminate same.
Section 4. The total rental amount due will be based on the number of
autopsies and post mortem examinations performed at the facility, at a cost of $iJOG:ror <<::)
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each service performed on site by the Medical Examiner during that month. ~ f;!!j ~ 5i
The LESSOR shall submit montWy invoices to Monroe County Public ~y c:.. -..,
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Division, 490 63rd Street, Suite 140, Marathon, Florida 33050 for processing.;<!;",s.: :J! ::0
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Monroe County's performance and obligation to pay under this contr~ 'is~ '!=: ~
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contingent upon an annual appropriation by the BOCC. C.1'l fg
Section 5. The COUNTY shall be responsible for providing all equipment needed
to cany out the functions of the Medical Examiner.
Section 6. All utility and normal refuse services shall be supplied by LESSOR,
with the exception ofbiohazardous waste, which is under the jurisdiction of the Office of
the Medical Examiner.
Section 7. The COUNTY may not assign, sublease, pledge, mortgage or
hypothecate this lease or any interest that the COUNTY has under this lease without the
permission of the LESSOR.
Section 8. The COUNTY is liable for and must fully defend, release,
discharge, indemnify and hold harmless the LESSOR from and against any and all claims,
demands, causes of action, losses, costs and expenses of whatever type - including
investigation and witness costs and expenses and attorney's fees and costs - that arise out
of or are attributable to the COUNTY'S operations at the premises, excluding those
claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses
that are the result of the sole negligence of the LESSOR, pursuant to the terms and
conditions of Florida Statutes 9768.28.
Section 9. The LESSOR for itself, its personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree
that no person on the grounds of race, color, or national origin shall be discriminated
against by LESSOR in the provision of services or employment or other applicable
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation Subtitle A, Office of the Secretary, Part 21, Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
That in the event of breach of the above nondiscrimination covenants, the County
shall have the right to terminate this agreement as if said agreement had never been made
or issued. The provision shall not be effective until the procedures of Title 49, Code of
Federal Regulations, Part 21 are followed and completed including exercise or expiration
of appeal rights.
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Section 10. This lease agreement is governed by the laws of the State of
Florida. Venue for any litigation arising under this lease agreement must be in a court or
competent jurisdiction in Monroe County, Florida.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B
cSL?-Ji.~i -
By:
Mayor/Chainnan
MARTIN VEGUE & McCLUNEY
FUNERAL HOME
By:tJ~Prf).
President/General Partner
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