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Item T1 T.1 County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers,District 3 �1 `_ll Mayor Pro Tem Michelle Coldiron,District 2 The Florida.Keys ��` �)-.�p�`� � Craig Cates,District 1 David Rice,District 4 w � Sylvia J.Murphy,District 5 County Commission Meeting September 16, 2020 Agenda Item Number: T.1 Agenda Item Summary #7333 BULK ITEM: Yes DEPARTMENT: Assistant County Administrator Kevin Wilson TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441 No AGENDA ITEM WORDING: Approval of a Lease with Wharf Marina, Inc. for office space for the Public Defender in Marathon effective October 1, 2020. The lease term is for three (3) years at $72,000 per year. ITEM BACKGROUND: The County is obligated to provide adequate office space for the Public Defender and State Attorney. Their offices have been in this building at 4695 Overseas Highway in Marathon for at least thirteen (13) years. The building lease expired on June 30, 2012. The County has continued renting the building on a month-to-month basis without a lease since then at an annual rate of$77,508. The State Attorney recently relocated to another County building. The Public Defender has been seeking additional space in Marathon. Staff contacted the owner, Wharf Marina, Inc., asking to release the former Public Defender space (1,200 SF) so that the Public Defender could move into the space vacated by the State Attorney (2,400 SF). The owner offered to reduce the full building rent if the County entered into a lease for the full space (3,600 SF). There are two (2) County candidates to use the former Public Defender space until acquisition of County owned space becomes available for the Public Defender. The Lease provides for termination should County owned space become available. Execution of the Lease provides some certainty at a reduced cost for the Public Defender's office. The annual rent will be $72,000.00 for the entire building. PREVIOUS RELEVANT BOCC ACTION: The BOCC last approved an extension of the lease for this property with a previous owner in May 2007. CONTRACT/AGREEMENT CHANGES: Yes STAFF RECOMMENDATION: Approval Packet Pg. 3554 L1 DOCUMENTATION: Lease - Wharf Marina, Inc. (signed & legal stamped) 2007-05-16 Island Marina lease fior PD & SAO FINANCIAL IMPACT: Effective Date: October 1, 2020 Expiration Date: September 30, 2023 Total Dollar Value of Contract: $222,544.80 Total Cost to County: $225,544.80 Current Year Portion: $72,000 (FY21) Budgeted: Yes Source of Funds: CPI: No Indirect Costs: Staff and maintenance Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: N/A Additional Details: County is obligated to provide office space for the Public Defender. Reduce the annual cost of renting the space. REVIEWED BY: Kevin Wilson Completed 09/08/2020 8:10 AM Patricia Eables Completed 09/08/2020 9:56 AM Purchasing Completed 09/08/2020 10:05 AM Budget and Finance Completed 09/08/2020 10:40 AM Maria Slavik Completed 09/08/2020 11:02 AM Liz Yongue Completed 09/08/2020 11:10 AM Board of County Commissioners Pending 09/16/2020 9:00 AM Packet Pg. 3555 T.1.a .LEASE AGREEMENT This Lease Agreement entered into this day of 2020. by and between WHARF MARINA, INC., a Florida Profit Corporation, whose principal address is 4681 0 Overseas Highway; Marathon, Florida 33050, party of the first part, hereinafter called the "Lessor", and the 13OARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, � FLORIDA, a political subdivision of the State of Florida, whose address is 1 100 Simonton Street, � Key West, Florida 33040. party of the second part, hereinafter called the "Lessee"'. WITN ESSETFI: That the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by the Lessee, has demised and leased to the Lessee, for the term and under the conditions hereinafter set out, those certain premises in Marathon, County of Monroe, Florida, described as follows: CL 1. LEASE LOCATION.: " The Lessor leases to Lessee the property situated at and commonly known as 4695 Overseas Highway, Marathon, Florida 33050 ("Premises"), which shall constitute an aggregate area of 3,600 > Square feet of net rentable space; including property boundaries of .22' x 200% as further described in the survey conducted by Phillips & Trice Surveying, Inc., as shown on Exhibit A. attached hereto and incorporated as part of this lease document. 0 E ]I. RENTALS.: The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor th4; above- described Premises for the term set out in this Lease. Lessee hereby agrees to pay the Lessor the 06 sum of Seventy-two thousand and 00/100 ($72,000.00) Dollars annually. The lease amount agreed to herein (Six thousand and 00/100 Dollars per month)will be increased annually by three percent � (3%), beginning with the first day of October, 2021, and annually thereafter. Rent shal! be due and payable on or before the Last day of each month, in arrears, upon receipt of a proper invoice, (3 acceptable to the Clerk of Court, pursuant to the Florida Local Govenmment Pron-ipt Payment Act. Fla. Stat. Section 218.70. Acceptability to the Clerk is based on generally accepted acc;ounung principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. The rental shall be paid to the Lessor and mailed to 4681 Wharf Marina, Inc., 4681 Overseas Highway; Marathon, FL 33050-2322, prior to the last day of the month. Ill. TERM: To have and to hold the above-described Premises for a term of three (3) years commencing on October 1, 2020, up to and including September 30, 2023. E IV. RENEWAL "Ihis agreement may be renewed, at the option of the Lessee, for one (I) additional three (3) year period. This option shall be executed only upon approval of the Board ofCounty Cornrnismoners. V. .AIR CO_N_DITIONING AND JANITORIAL SERVICES Lease 4681 Overseas Hwy 1 Marathon,FL 33050-2322 Packet Pg. 3556 ' L1.a (1) The Lessor agrees to furnish to the Lessee air conditioning equipment, and shall ensure that same is operational and functional at the commencement of this f ease. 'Thereafter, the Lessor shall maintain air conditioning equipment in satisfactory operating condition at all times for the leased premises during the term of the Lease at the expense of the, Lessor. Lessee shall be responsible for minor repairs, however, not exceeding Une Thousand and e 00/100 (S1,000.00) Dollars. Thereafter, the Lessor shall bear one hundred percent (100%) of any cost of repair and/or replacement of the air conditioning equipirient in excess of One Thousand and 00100 ($1,000.00) Dollars. By mutual agreement. Lessee may contract: for major repairs on a reimbursement basis for the costs of such repairs for amounts exceeding One Thousand and 00,'100($1,000.00)Dollars. (2) The Lessee shall provide janitorial services and all necessary ,janitorial supplies for the leased premises during the term of the Lease at the expense of the Lessee. Vl. .MAINTENANCE AND REPAIRS.: U (1) The Lessee shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this Lease, keep the interior of the dernised Premises in as good a state of repair as it is at the time of the commencement of > this Lease, reasonable wear and tear, and unavoidable casualties excepted. (2) The Lessor shall maintain and keep in repair the exterior of the demised Premises during the term of this Lease, and shall be responsible for the replacement of all windows broken E or darnaged in the demised Premises, except such breakage or damage caused to the CU exterior of the dernised Premises by the Lessee, its officers,agents, or employees. m (3) The Lessor shall maintain the exterior of the demised Premises so as to conform to all 06 applicable health and safety laws. ordinances. and codes which are presently in cfi'eet and which may subsequently be enacted during the term of this Lease and any renewal periods. (4) The Lessor- shall provide appropriate entranceways to the structure to accommodaie space c� allocation for government entities occupying the space, inclusive of ingress and egress. at the expense of the Lessor. VII. UTILITIES: The I-essee will promptly pay all solid waste, power, and electric light rates or charges which may become parable during the term of this Lease for solid waste disposal, power, and electricity used by the Lessee on the Premises, or other such similar utilities, as needed by Lessee. V111_ ALTERATIONS: — .N The Lessee shall have the right to make any alterations to the demised Premises during the term of this Lease upon first having obtained the written consent thereto of the Lessor. The Lessor shall not capriciously withhold the consent to any such alterations. Lease 4681 Overseas Hwy 2 Aarathon,FL 33050-2322 Packet Pg. 3557 L1.a 1X. FIRE AND OTHER I IAZ,ARDS: (1) In, the event that the dernised Premises, or the major part thereof are destroyed by fire, lightening, storm, or other casualty, the Lessor at its option may forthwith repair the damage to such demised Premises at its own cost and expense. The rental thereon shall � cease until the completion of such repairs and the Lessor will immediately refund the pro e rata part of any rentals paid in advance by the Lessee prior to such destruction. Should the Premises be only partly destroyed, so that the major part thereof is usable by the Lessee, then the rental shall abate to the extent that the injured or damaged part bears to the whole � of such premises and such injury or damage shall be restored by the Lessor as speedily as is practicable and upon the completion of such repairs, the full rental shall commence and the Lease shall then continue for the balance of the term. (2) The Lessor shall provide for fire protection during the term of this Lease in accordance C with the fire safety standards ofthe State and/or Monroe County Fire Marshal. The Lessor a) shall be responsible for maintenance and repair of all fire protection equipment necessary U_ to conform to the requirements of the State and/or County Fire Marshal. I'he Lessor � agrees that the demised premises shall be available for inspection by the State and/or CL County Fire Marshal, prior to occupancy by the Lessee, and at any reasonable time thereafter. X. _EXPIRATION OF TERM_ Mn At the expiration of the term, the Lessee will peaceably yield tip to the Lessor the demised Premises in good and tenantable repair. It is understood and agreed between the parties that the Lessee shall have the right to remove from the Premises all personal property of the Lessee and all E fixtures, machinery, equipment, appurtenances, and appliances placed or installed on the Premises by it, provided the Lessee restores the Premises to as good a state of repair as it was prior to the removal. � 06 X1. SUBLETTING AND ASSIGNMENT: The Lessee upon the obtaining of the written consent of the Lessor, which written consent shall not capriciously be withheld, shall have the right to sublet all or any part of the demised Premises, � or to assign all or any part of the demised Premises. XII. NOT CONSENT TO SUE: The provisions, terms, or conditions of this Lease shall not be construed as a consent of IMonroe County to be sued because of said leasehold. XIII. WAIVEROF DEFAULTS_ The waiver by the Lessor of any breach of this Lease by the Lessee shall not be construed as a waiver of any subsequent breach of any duty or covenant imposed by this Lease. E Lease 4681 Overseas Hwy 3 Marathon, FL,33050-2322 Packet Pg. 3558 L1.a XIV. RIGHT OF LESSOR TO INSPECT: The Lessor, at all reasonable tithes during regular business hours, may enter into and upon the demised Premises for the purpose of viewing the same and for the purpose ot-making any such repairs as they are required to make tinder the terms of this Lease. Repairs shall be limited to non- business hours unless an emergency situation exists. e XV_ .BREACH OF COVENANT: � If the Lessee shall neglect or fail to perform or observe any covenant herein contained, which on the Lessee's part is to be performed and such default shall continue for a period of thirty (30) days after receipt of written notice thereof from the Lessor to the Lessee, then the Lessor lawfully may, � immediately or any time thereafter, and without further notice or demand, enter into and upon the demised Premises, or any part thereof and repossess the same as of their former estate and expel the Lessee and remove its effects forcefully, if'necessary, without: being taken or deemed to be guilty of any manner of trespass and thereupon this demise shall terminate, but without prejudice .0 to any remedy which might:otherwise be used by the Lessor for arrears of rent or for any breach of CL the Lessee's covenants herein contained. XV1. ACKNOWLEDGEMENT OR ASSIGNMENT: o An The Lessee, upon the request of the Lessor, shall execute such acknowledgerrrent or acknowledgments, or any assignment. or assignments, of rentals and profits made by the Lessor to .� any third person, firm or corporation, provided that the Lessor will not make such request unless required to do so by the Mortgage under a mortgage or mortgages, executed by the Lessor. E XVIL AVAILABILITY OF FUNDS: � m Monroe County's performance and obligation to pay under this contract. is contingent upon 06 an annual appropriation by the Board of County Commissioners and the approval of- the Board mernbers at the tine of the Lease initiation and its duration. �s XVIII. USE OF PREMISES: The Lessee will not: make or suffer any unlawful, improper. or offensive use Of thePremises or any � use of occupancy thereof contrary to the Laws of the State of Florida, or to such Ordinances of Monroe County, or the City of Marathon, now in effect or hereinafter adopted, as may be , applicable to the Lessee. M. NOTICES: ' All notices required to be served upon the Lessor shall be served by certified rrrail, return receipt requested, postage prepaid or by courier with proof' of delivery at Wharf Marina, Inc.: c/o Mr ,lames Figuerado; 4681 Overseas Highway, Marathon, Florida 33050-2322, and all notices required to be served upon the Lessee shall be served by certified mail, return receipt requested, postage prepaid or by courier with proof of delivery at the Monroe County Facilities Maintenance Department, 3583 S. Roosevelt Boulevard, Key West, Florida, 33040 and Monroe County Attorney; 1111 12"'. Street. Suite 401; Key West, FL 33040. The place of giving Notice shall remain the sane as set forth herein until changed in writing in the manner provided in this paragraph. Lease 4681 Overseas Hwy 4 Marathon,FL 33050-2322 Packet Pg. 3559 L1.a XX. RADON GAS NOTIFICATION: Radon is a naturally occurring gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon � that exceed federal and state guidelines have been found in buildings. Additional information e regarding radon and radon testing may be obtained from your county public-health unit. XXI. LEASE TERMINATION; on This Lease may be terminated by the Lessee upon written six (6) months' notice to the Lessor that m the Lessee has obtained adequate office space in a governmental building. W XXII. ETHICS CLAUSE: u -- a Lessor warrants that it has not employed, retained or otherwise had act on its behalf ally former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010--1990 or CL any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision, the Lessee may, in its discretion, terminate this contact without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. XXIIL AMERICAN WITH DISABILITIES ACT: E The Lessor herein expressly agrees to maintain the subject Premises in full compliance with the W American with Disabilities Act of 1990 ("ADA"), as amended. Further, the Lessor shall be liable ru for<in),cost or expenditure associated with said compliance. The Lessor shall be sully responsible to restore; all rest room facilities to meet ADA requirements at the expense of the Lessor, prior to 06 occupancy. -a XXIV. PUBLIC ENTITY CRIME;: on A person or affiliate who has been placed on the convicted vendor list foilowin�, a conviction for public eritity crime may not submit a bid on a contract to provide goods or services to a public � entity, may not submit a bid, proposal, or reply on a contract to provide any goods or services to a � public; entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity- grid may not transact business with any public entity in excess of the threshold amount provided in Section on 287.017, F.S. for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. (CATEEGORY TWO: $35,000.00) E XXV. ATTORNE:Y'S FEES.AND COSTS. If any action at: law or in equity shall be brought under this Lease, or for or on accoun', of'any breach of; or to enforce or interpret any of the covenants, terms, or conditions o'Fthis Leask, or for the recovery of possession of the demised Premises, the prevailing party shall be entitled to Lease 4681 Overseas Hwy 5 Marathon,FL,33050-2322 Packet Pg. 3560 T.1.a recover from the other party, reasonable attorney's fees, court costs, investigative, and out-of- pocket expenses, and shall include attorney's fees, court costs, investigative, and out-ol-pocket expenses in appellate, proceedings, the amount of which shall be fixed by the court and shall be made a part of any j udgment or decree rendered. XXVI. GOVERNING LAW. VENUE. AND INTERPRETATION: 0 This .Agreement 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 Agreement, the Lessee and Lessor agree that venue will lie in the appropriate €:ourt or before the appropriate administrative body in Monroe County, Florida. Tile 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. XXV11. INDEMNIFICATION/ HOLD HARMLESS:. .2 CL The Lessor covenants and agrees to defend, indemnify, and hold harmless Lessee, and its elected and appointed officers, officials, agents. servants, and employees from any and all claims, demands. causes of action for bodily injury (including death), personal injury, and property o damage (including property owned by Monroe County) and any other losses, damages, costs, W penalties, and expenses including attorney's fees) which arise out of, in connection with or b penalties, P C' Y' � 5` CL reason of services provided by the Lessor occasioned by the negligence, errors, or other wrongful act of omission of the Lessor or its employees, or agents. E Subject to Section 768.28, Florida Statutes, Lessee shall indemnify and hold harmless Lessor against and from any and all claims arising from Lessee's use of the Premises for the conduct of its business or from any activity, work, or other thing done, permitted, or suffered by the Lessee in the C building. 06 XXVIII. NONDISCRIMINATION.: Lessor and Lessee agree that there will be no discrimination against any person, and it is expressly (3 understood that upon a determination by a court of corrtpetent 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 Fedc;ral 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 (?'L. 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) "rile 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 chug abuse; 6) The E 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 Lease 4681 Overseas I Iwv 6 Marathon, FL 33050-2322 Packet Pg. 3561 L1.a 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, 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. � XXIX. NON-RELIANCE BY NON-PARTIES: m 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 grogram 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 irIfoz•m, 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 CL or for the purposes contemplated in this Lease. XXX. NO PERSONAL LIABILITY.: Mn No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any men,iber, 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 I_.ease or � be subject to any personal liability or accountability by reason of the execution of this Lease. E XXXL EXECUTION IN COUNTERPARTS: m This Lease may be executed in any number of counterparts, each of which shall be regarded as an06 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. XXXII. 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. XXXIII. MUTUAL,REVIEW: This Lease has been carefully reviewed by Lessor and Lessee: therefore. this I-ease is not to be construed against either party on the basis of authorship., XXXIV. 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 1 19, Florida Statutes, and made or received by the Lessor and Lessee in conjunction with this Lease; and the Lessee shall have the right to unilaterally cancel this Lease upon violation of this provision by Lessor. Lease 4681 Overseas Hwy 7 Marathon,FL 33050-2322 Packet Pg. 3562 L1.a XXXV. 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 its performance under this Lease, and that the only interest of each is to perform and receive benefits as recited in this :Lease. e XXXVI. 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. Lessor and Lessee agree to participate, m 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. XXX:VII. BINDING EFFECT: .2 CL The terms, covenants, conditions, and provisions of this Lease shall bind and inure to the benefit of the Lessor and Lessee and their respective legal representatives, successors, and assigns. O XXXVII1. AUTHORITY: Each party represents and warrants to the other that the execution, delivery and performance of .� this Lease have been duly authorized by all necessary County and corporate action, as required by law. E XXX1X. ADJUDICATION OF DISPUTF"S OR DISAGREEMENTS: m Lessor and Lessee agree that all disputes and disagreements shall be attempted to be resolved by 06 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 rernedy as may be provided by this Lease or by Florida law. Vi t; XL. CODE OF ETHICS: Lessee agrees that officers and employees of the Lessee recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 1 I2.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance, of Gifts: doing business with one's agree unauthorized compensation, misuse of public position, conflictin�o em `o ment;agency; P' � 1 1 p� y � or contractual relationship; and disclosure or use of certain information. XLI. SEVERABILITY: If any terry, 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 E 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 Lease,1681 Overseas Hwy 8 Marathon,FL 33050-2322 Packet Pg. 3563 L1.a 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. XLIL ENTIRE AGUEMENT: 0 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. — XXI-,[II. _DEFINITION OF TERMS: (1) The terms "lease". "lease agreement", or "agreement" shall be inclusive of each other and shall also include any renewals,extensions or modifications of this Lease. CL (2) The term "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto. (3) The singular shall include the plural and the plural shall include the singular whenever the .n context so requires or permits. � XILIV. ADDITIONAL CONDITIONS: No additional covenants or conditions form a part of this Lease. IN 1XITNFSS WHEREOF', the parties hereto have hereunto executed this instrument for the purpose herein expressed,the day and year first above written. 06 Signed, Sealed and Delivered I-,ESSOR: WHARF MARINA. INC. in t press ce o c3 WI IeSS — ✓ / Title: �cq Print:Narne �` rl o Print Name Date: -� (� �t'_? Date: -- r � Witr1 Ss Print:Name Date: _ D 0 Lease 4681 Overseas Hwy 9 Marathon, FL 33050-2.322 Packet Pg. 3564 L1.a Date: (SEAL) LESSEE: ATTFST: KEVIN MADOK, CLERK BOARD OF COUNTYCOMMISSIONERS 0 MONROE' COUNTY, FLORIDA By:----- — — -- -- By: ---- ---------- As Deputy Clerk Mayor w m 2 ONROE COUNTY ATTORNEY" OFFICE ATMCIe EMLES ASSMTA T996gI U ORNEY DATE: 06 Lease,4681 Overseas Hwy 1.0 Marathon, FL 33050-2322 Packet Pg. 3565 L1.a CHAPLXN REAL ESTATE TEL:305-743-3194 May 29 98 7:02 No.001 P.01 I'IiII�LIPS & 'PRICE SURVEYING, INC. ✓nolesslctnst lend Swveyors iu,nn rtn;t,rt I nm sirnooton strett + 01f Wfst,Florda 33040 l04 we laic-,r-t (105)244.047 C t�2•t�' Ch � 5 W i q rtl 4 8• a ti C W {b K K� 1Q t9OO BU7 w, A � @ -`. -,� ;fit " N•ID N a H l Q.4, CZ. t+ W O (p C'6 WGP. ; If=�.C7s .W U SPECIFIC PURPOSE SURVEY TO CREATE A NEW PARCEL- A 122 foot strip of land in a pat:t aT-Goveismsnt Lots I 1 Sect on 67 Township 66 South, Ranee 32 East, being on Key va('.A, Monroe County, Florida, and being more particularly r described by metes and bounds as follows; nF.GIN at the intersection of the t8 Northwest corner of 'MAAAMEADH SUBDIVISION" as recorded in Plat Book 2, rage 185 of the Public Records of tionroe County, Florida, and the Southeasterly right: of way line of U.S. 1)ighway No. 1, thence South 74' 20' hest along the Southeasterly right of way 1i,ne of U.S. Highway No. 1, 122 feet to a point; thence South 15. 40' East, 20C feet to a points thence North 74' 20' East, 122 feet to a point; thence North 15' 40' West, 200 feet back to the Point of � Beginning. y SURVCY PORT ISLAND MARINA, INC. I HEREBY CERTIFY that the Specific Purpose Survey delineated hereon meets or exceeds the minimum technical, standards as stet forth by the Florida Board of Land Surveyors, pursuant to section 472.027 of the Florida Statutes, and that there are no encroachments, 9ibove ground, other than those shown hereon. IItIq SURVEY I•:NO PHILLIPS & TRICE SURVEYING, INC. VAl.in ItNl.t:4f i!P1atlKCI:U tYr1'it A RASAP.it Sl:Ai. Ap r f: l7, 1997 Key )Pest, Florida j oe ae Ptto ;Issional Surveyor. Firs da Rey, Pert. !r2)l0 "Exhibit A" Packet Pg. 3566 T.1.b DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: May 21, 2007 TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Assistant Director Public Works Division FROM: Pamela G. Hanc Deputy Clerk VV'' At the May 16, 2007, Board of County Commissioner's meeting the Board granted .2 approval and authorized execution of the following: Extension Agreement between Monroe County and Siemens Building Technologies, Inc. W for the testing, certification, and maintenance of the Monroe County Detention Center's fire alarm system, building automation system, and smoke control system; the Juvenile Justice Center's fire alarm system and building automation system; and the Courthouse Annex's fire alarm system, ./Lease Agreement between Monroe County and F. James Chaplin, d/b/a Island Marina, Inc. for office space in Marathon for the State Attorney and Public Defender. 03 Renewal and Amendment of Agreement between Monroe County and Synagro South, LLC successor and assignee for Synagro Southeast, Inc. for the operation and maintenance of the wastewater treatment plant, Roth Building, Tavernier, Florida, in order to exercise the second option to renew for an additional one-year period and clarify Item 4 in the original contract, Contract Sum, and (2) Assignment and Assumption of Agreement of Contract and Consent of LO Monroe County Board of County Commissioners. Enclosed is a duplicate original of each of the above-mentioned for your handling. Should N you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File✓ Packet Pg. 3567 T.1.b LEASE AGREEMENT This Lease Agreement entered into this-day of 2007, between F. JAMES CHAPLIN, dlbla ISLAND MARINA, INC., party of the fiA part, hereinafter called the Lessor, and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, party of the second part, hereinafter called the Lessee. WITNESSETH: E That the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by the Lessee, has demised and leased to the Lessee, for the term and under the conditions hereinafter set out, those certain premises in Marathon, County of Monroe, Florida, described as follows: 1. LEASE LOCATION: a, 4695 Overseas Highway, Marathon, Florida, which shall constitute an aggregate area of 3,600 square feet of net rentable space, at the rate of $21.53 per square foot per year, $6,458.85 per o month, $77,506.20 per year; including property boundaries of 122' x 200', as further described in the survey conducted by Phillips & Trice Surveying„ Inc. (Exhibit A), attached hereto and incorporated as part of this lease document. `- I1. RENTALS: 06 The Lessor hereby leases to the Lessee 3,600 square feet and the Lessee hereby leases from the Lessor the above-described premises for the term set out in this Lease. Lessee hereby agrees to pay the Lessor the sum of Seventy-seven thousand five hundred six and 20/100 ($77,506.20) annually. The lease amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI-U), National Index for Wage Earners and Clerical Workers, and shall be based upon the CPI-U computation from January 1 through December 31 of the previous year. Rent shall be due and payable on or before the last day of each month, in arrears. The rental shall be paid to the Lessor and mailed to James Chaplin, Chaplin Real Estate, 5190 Overseas Highway, Marathon, Florida 33050, prior to the last day of the month. LO III. TERM: cv To have and to hold the above-described premises for a term of five years commencing on July 1, 2007, up to and including June 31, 2012. IV. RENEWAL This agreement may be renewed, at the option of the Lessee, for one (1) additional five (5) year period. This option shall be executed only upon approval of the Board of County Commissioners. 1 Packet Pg. 3568 T.1.b V. AIR CONDITIONING AND JANITORIAL SERVICES (1) The Lessor agrees to furnish to the Lessee air conditioning equipment, and shall ensure that same is operational and functional at the commencement of this lease. Thereafter, the Lessee shall maintain air conditioning equipment in satisfactory operating condition at all times for the leased premises during the term of the Lease at the expense of the Lessee. (2) The Lessee shall provide janitorial services and all necessary janitorial supplies for the leased premises during the term of the Lease at the expense of the Lessee. 0 Vi. MAINTENANCE AND REPAIRS: (1) The Lessee shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this Lease, keep the interior of the demised premises in as good a state of repair as it is at the time of the commencement of this Lease, reasonable wear and tear and unavoidable casualties excepted. (2) The Lessor shall maintain and keep in repair the exterior of the demised premises during .2 the term of this Lease, and shall be responsible for the replacement of all windows broken or damaged in the demised premises, except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agents, or employees. (3) The Lessor shall maintain the exterior of the demised premises so as to conform to all 06 applicable health and safety laws, ordinances, and codes which are presently in effect and CL which may subsequently be enacted during the term of this Lease and any renewal periods. (4) The Lessor shall provide appropriate entranceways to the structure to accommodate space allocation for government entities occupying the space, inclusive of ingress and egress, at the expense of the Lessor. VII. UTILITIES: The Lessee will promptly pay all solid waste, power, and electric light rates or charges which may A become payable during the term of this Lease for solid waste disposal, power, and electricity used by the Lessee on the premises. 'n r. VIII. ALTERATIONS: N The Lessee shall have the right to make any alterations to the demised premises during the term of this Lease upon first having obtained the written consent thereto of the Lessor. The Lessor shall not capriciously withhold the consent to any such alterations. IX. FIRE AND OTHER HAZARDS: (1) In the event that the demised premises, or the major part thereof are destroyed by fire, lightening, storm, or other casualty, the Lessor at its option may forthwith repair the damage to such demised premises at its own cost and expense. The rental thereon shall cease until the completion of such repairs and the Lessor will immediately refund the pro rata part of any rentals paid in advance by the Lessee prior to such destruction. Should the premises be only partly destroyed, so that the major part thereof is usable by the Lessee, 2 Packet Pg. 3569 T.1.b then the rental shall abate to the extent that the injured or damaged part bears to the whole of such premises and such injury or damage shall be restored by the Lessor as speedily as is practicable and upon the completion of such repairs, the full rental shall commence and the Lease shall then continue the balance of the term. (2) The Lessor shall provide for fire protection during the term of this Lease in accordance with the fire safety standards of the State and/or Monroe County Fire Marshal. The Lessor shall be responsible for maintenance and repair of all fire protection equipment necessary to conform to the requirements of the State and/or County Fire Marshal. The Lessor agrees that the demised premises shall be available for inspection by the State and/or County Fire Marshal, prior to occupancy by the Lessee, and at any reasonable time thereafter. X. EXPIRATION OF TERM: At the expiration of the term,the Lessee will peaceable yield up to the Lessor the demised premises in good and tenantable repair. It is understood and agreed between the parties that the Lessee shall m have the right to remove from the premises all personal property of the Lessee and all fixtures, machinery, equipment, appurtenances, and appliances: placed or installed on the premises by it, � provided the Lessee restores the premises to as good a state of repair as they were prior to the removal. 2 Xl. SUBLETTING AND ASSIGNMENT: The Lessee upon the obtaining of the written consent of the Lessor, which written consent shall not capriciously be withheld, shall have the right to sublet all or any part of the demised premises, or to assign all or any part of the demised premises. 06 X1I. NOT CONSENT TO SUE: The provisions, terms, or conditions of this Lease shall not be construed as a consent of Monroe County to be sued because of said leasehold. XIll. WAIVER OF DEFAULTS: The waiver by the Lessor of any breach of this Lease by the Lessee shall not be construed as a waiver of any subsequent breach of any duty or covenant imposed by this Lease. N XIV. RIGHT OF LESSOR TO INSPECT: 'r' r. The Lessor, at all reasonable times during regular business hours, may enter into and upon the N demised premises for the purpose of viewing the same and for the purpose of making any such repairs as they are required to make under the terms of this Lease. Repairs shall be limited to non- m business hours unless an emergency situation exists. XV. BREACH OF COVENANT: If the Lessee shall neglect or fail to perform or observe any covenant herein contained, which on the Lessee's part is to be performed and such default shall continue for a period of thirty days after receipt of written notice thereof from the Lessor to the Lessee, then the Lessor lawfully may, immediately or any time thereafter, and without further notice or demand, enter into and upon the demised premises, or any part thereof and repossess the same as of their former estate and expel the Lessee and remove its effects forcefully, if necessary, without being taken or deemed to be guilty of any manner of trespass and thereupon this demise shall terminate but without prejudice to any 3 Packet Pg. 3570 remedy which might otherwise be used by the Lessor for arrears of rent or for any breach of the Lessee's covenants herein contained. XVI. ACKNOWLEDGEMENT OR ASSIGNMENT: The Lessee upon the request of the Lessor shall execute such acknowledgement or acknowledgments, or any assignment, or assignments, of rentals and profits made by the Lessor to any third person, firm or corporation, provided that the Lessor will not make such request unless required to do so by the Mortgage under a mortgage or mortgages, executed by the Lessor. 0 XVII. AVAILABILITY OF FUNDS: Monroe County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the BOCC. XVIII. USE OF PRMMISES: m The Lessee will not make or suffer any unlawful, improper or offensive use of the premises or any use of occupancy thereof contrary to the Laws of the State of Florida or to such Ordinances of a Monroe County now in effect or hereinafter adopted, as may be applicable to the Lessee. XIX. NOTICES: All notices required to be served upon the Lessor shall be served by certified mail, return receipt requested, at Chaplin Real Estate, 5190 Overseas Highway, Marathon, Florida 33050, and all 06 notices required to be served upon the Lessee shall be served by certified mail, return receipt requested, at the Division of Public Works, Facilities Maintenance Department, 3583 S. Roosevelt Boulevard, Key West, Florida, 33040. XX. RADON GAS NOTIFICATION: Radon is a naturally occurring gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings. Additional information regarding radon and radon testing may be obtained from your county public health unit. XXI. LEASE TERMINATION "' r. This lease may be terminated by the Lessee upon written sixty (60) days notice to the Lessor that N the Lessee has obtained adequate office space in a governmental building. XXII. ETHICS CLAUSE: e Lessor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of ordinance No. 020-1990. For breach or violation of this provision the lessee may, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. XXIII. AMERICAN WITH DISABILITIES ACT: 4 Packet Pg. 3571 T.1.b The lessor herein expressly agrees to maintain the subject premises in full compliance with the American Disabilities Act. Further,the lessor shall be liable for any cost or expenditure associated with said compliance. The lessor shall be fully responsible to restore all rest room facilities to meet ADA requirements at the expense of the lessor, prior to occupancy. XXIV. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $10,0I10.00) m XXV. ATTORNEY'S FEES AND COSTS. If any action at law or in equity shall be brought under this lease, or for or on account of any breach e of, or to enforce or interpret any of the covenants, terms, or conditions of this lease, or for the .2 recovery of possession of the demised premises, the prevailing parry shall be entitled to recover CL from the other party, reasonable attorneys fees and costs,the amount of which shall be fixed by the W court and shall be made a part of any judgment or decree rendered. 06 XXVI. GOVERNING LAW,AND VENUE: This Agreement shall be governed by and construed in accordance with the laws of the State of o Florida applicable to contracts made and to be performed entirely in the State. In the event that any y cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the Lessee and Lessor 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 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. XXVII. INDEMNIFICATION HOLD HARMLESS. LO CD The Lessor covenants and agrees to indemnify and hold harmless Lessee from any and all claims I"' CD for bodily injury (including death), personal injury, and property damage (including property N owned by Monroe County)and any other losses, damages, and expenses(including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Lessor occasioned by the negligence, errors, or other wrongful act of omission of the Lessor or its employees, or agents. Subject to Section 768.28, Florida Statutes, Lessee shall indemnify and hold harmless Landlord against and from any and all claims arising from Lessee's use of the premises for the conduct of its business or from any activity, work, or other thing done, permitted or suffered by the Lessee in the building. XXIII. DEFINITION OF TERMS: 5 Packet Pg. 3572 T.1.b (1) The terms "lease", "lease agreement", or "agreement" shall be inclusive of each other and shall also include any renewals,extensions or modifications of this Lease. (2) The term "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto. (3) The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits. XXIX. ADDITIONAL CONDITIONS: No additional covenants or conditions form a part of this Lease. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the .9 purpose herein expressed,the day and year above written. m ORIGINAL SIGNATURES REQUIRED ON ALL COPIES. Signed, Sealed and Delivered LESSOR: in the presence of 2 2IA4 ` By: tLv Witnesses `-' MTitle: V'�i•J-4�- Print Name srf L�1 06 Print Name Date: 3 0 1 Date: 07 BOARD OF COUNTY COMMISSIONERS MDNJ?,OE COUNTY, FLORIDA maypr ' T MONROE COUNTY ATTORNEY ? APPROVED AS TO FO L KOLRAGE, Clerk -�-� -ATI EENE W. CASSEL c44 ASSISTANT COUNTY ATTORNEY a•4 Date Cler a o :.w T; CD 6 Packet Pg. 3573 -tHAPLIN REAL ESTATE TEL:305-743-3194 May 29 98 7:02 No.001 P.01 P .I)L��L��IPS■c& TRICE SURVEYING, INC.akod l�Sum*Wf�`�1,r10411 IW4D294.4747 u.3. Wir.WWAY IJQ_OLIM ©r e 0 a cn A � � s i • r • r a H �i M y •2 M e W 06 V O�!!i �nDP.•Y C i1L ►.•�� wr p, i 8 ' r 0 0 Son- N f IE�.dt i 1 8ABCIFIS P_DRI� iD11VNY 'r0 C1�11'N 11 N PARCRLi A 122 foot strip of land in cn a part Oz aOvexamo 1 e a diet on 10, Township 66 South, Range 1= Bast, being on flay Vaca, Monroe County, Florida, and being more particularly described by slstea and bounds as follows, 390IN at tho intersection of the , Northwest corner of •MARAISAIM SUlDlvtSION" as recorded in plat sock 2, Page 199 Of the Public Records of Monroe County, rlorida, and the Southeasterly r� right of ray line of U.S. 91i hway No. 1, thence South 74. 20' test along the Southeasterly right of way l no of U.S. highway No. 1. 122 feet to a point: Cv thence South 16. 40' Bast, 200 feet to a points thence North 74. 20' Bast, 122 toot to a points thenclf North is• 401 vast, 200 feet back to the Point of beginning. W SURVEY FOR: ISLMM HARINA, INC. I HRRUT CNITIPT that the Specific Purf+ose Survey delineated hereon meats or exeeads the ninisim technical standards as set tortst by the Florid■ board of Land iarveyors, pursuant to Section 472.021 of. the Florida Statutes, and that there are no encroachments, above ground, other than those shorn hereon. 71dnstiah'LY IV Nor PUILLIPs i TRICE SURVEYING, INC. YAIAp 11N1.1W Kmmnlaa:u q'}7n A 11Aat1;11lllal. April 17, 1197 Rey test, Florida oe Tr : e Tito aiona1 surveyor F'Ie da Reg, Cart_ 12110 "!Exhibit A" Packet Pg. 3574