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Item C11
C.11 i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting January 20, 2021 Agenda Item Number: C.11 Agenda Item Summary #7677 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549 None AGENDA ITEM WORDING: Approval of a Fourth Amendment to Business Lease with Ships Way, Inc., for its requested annual CPI-U increase of 2.3% for the upcoming year for the District 2 Commissioner's office space in Big Pine Key. The new monthly rental amount will be $1,327.09 paid from Ad Valorem funding. ITEM BACKGROUND: On March 18, 2015, the BOCC approved a Business Lease with Ships Way, Inc. for an initial term of four (4) years with one (1) optional four (4) year renewal and provided for an annual CPI-U increase. The initial term commenced on December 15, 2014, and expired on December 14, 2018. The Lease was amended on March 15, 2017, with a First Amendment to provide for the annual CPI-U increase of.7%. The Second Amendment approved on November 20, 2018, exercised the renewal option with the new term to commence on December 15, 2018, and expire on December 14, 2022, and provided for a 2.1% annual increase CPI-U adjustment. The Third Amendment approved on January 22, 2020, provided for a 1.9% annual increase CPI-U adjustment. The Lessor has now requested the annual CPI-U adjustment of a 2.3% increase for the upcoming year. The new monthly rental amount increases from $1,297.25/month to $1,327.09/month. All other terms of the Lease remain the same as the original Lease, as amended. This Fourth Amendment seeks approval of the CPI-U increase. PREVIOUS RELEVANT BOCC ACTION: March 18, 2015 BOCC approved a Business Lease with Ships Way, Inc. for an initial term of four(4)years with one (1) optional four(4)year renewal. March 15, 2017 BOCC approved a First Amendment to the Lease, which provided for a CPI-U increase of.7%. November 20, 2018 BOCC approved a Second Amendment for the one optional four (4) year renewal of the Business Lease and an annual CPI-U increase of 2.1%. January 22, 2020 BOCC approved a Third Amendment to the Lease, which provided for a CPI-U increase of 1.9%. Packet Pg.419 C.11 CONTRACT/AGREEMENT CHANGES: Annual CPI-U increase of 2.3%. STAFF RECOMMENDATION: Approval DOCUMENTATION: Fourth Amendment to Ships Way Lease_CPI-U 1-20-21 12/15/2014 to 12/14/2022 Third Amendment 112018 Second Amendment Ships Way Lease (executed) 031517 First Amendment to Business Lease Ships Way (Executed C-21) 031815 Ships Way Lease C-23 FINANCIAL IMPACT: Effective Date: December 15, 2020 Expiration Date: December 14, 2022 Total Dollar Value of Contract: $1,327.09/month- $15,925.08/year Total Cost to County: $1,327.09/month- $15,925.08/year Current Year Portion: $13,270.90 Budgeted: Yes Source of Funds: 001-00101-530440 Ad Valorem CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: Additional Details: Office space for District 2 Commissioner Yes 12/15/20 001-00101 - BOCC ADMINISTRATIVE $15,925.08 REVIEWED BY: Patricia Eables Completed 01/05/2021 10:55 AM William DeSantis Completed 01/05/2021 11:02 AM Purchasing Completed 01/05/2021 11:09 AM Budget and Finance Completed 01/05/2021 11:12 AM Maria Slavik Completed 01/05/2021 11:22 AM Liz Yongue Completed 01/05/2021 12:29 PM Packet Pg.420 C.11 Board of County Commissioners Pending 01/20/2021 9:00 AM Packet Pg.421 C.11.a FOURTH AMENDMENT TO BUSINESS LEASE THIS FOURTH AMENDMENTTO BUSINESS LEASE, is made and entered into this 20th day of January, 2021, between SHIPS WAY, INC., hereinafter called "Lessor" or "Landlord", party of the first part, and THE COUNTY OF MONROE, hereinafter called "Lessee" or "Tenant", party of the second part: WHEREAS, Lessor and Lessee entered into a four (4) year Business Lease, hereinafter "Original Agreement", on the 18th day of March, 2015, with a lease term commencing on December 15, 2014, and ending on December 14, 2018; and WHEREAS, on March 15, 20I7, the Lessor requested and Board of County y Commissioners, hereinafter "BOCC", approved the lease rental amount to be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous calendar year and the rental amount was therefore adjusted by .7%commencing December 15, 2016; and WHEREAS, on November 20, 2018, the Lessor requested and BOCC approved the lease rental amount to be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous calendar year and the rental amount was therefore adjusted by 2.1% commencing December 15, 2018, which said date was inadvertently stated as December 15, 2017, in a Whereas clause of the Second Amendment; and i WHEREAS, the Original Agreement provided for an option to renew the lease for a period y of four(4)years after the expiration of its original term, which terminated on December 14, 2018, and the parties exercised that option on November 20, 2018, in the Second Amendment, and extended the term beginning on December 15, 2018, and terminating on December 14, 2022; and WHEREAS, on January 22, 2020, the Lessor requested and BOCC approved the lease rental amount to be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous calendar year and the rental amount was therefore adjusted by 1.9%commencing December 15, 2019; and WHEREAS, Lessor has requested the lease amount be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous calendar year; and WHEREAS,the CPI-U adjustment on December 31, 2019, was 2.3%; and 1 Packet Pg.422 C.11.a WHEREAS,the parties have found the Lease to be mutually beneficial; NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The first unnumbered paragraph after the Witnesseth Clause of the Original U Agreement is hereby amended to read: An office comprised of 813.5 square feet, located in the building known as "The Shops of Ships Way," 25 Ships Way, Big Pine Key, situated in Monroe County, Florida, to be used and occupied by the Lessee as an office and for no other purposes or uses whatsoever, for the term of four (4) Years, beginning December 15, 2018, and ending December 14, 2022, the rent to be paid as follows: Commencing on December 15, 2020, $1,327.09 is to be applied to the first month's rent, including a pro-rated amount for any part month; and $1,327.09 on the first day of each month thereafter. Annually, on the anniversary of this Lease, there may be an increase not to exceed three percent (3%), in the monthly rent payment. The lease amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous calendar year. N 2. In all other respects, the terms and conditions of the Lease, as amended, shall remain in full force and effect. CL IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST SHIPS WAY, INC. LESSOR By. By. ) David S. Shephard, hector udy A. `hephar resident 0 ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LESSEE 0 By: By: As Deputy Clerk Mayor/Chairperson 2 MOI+WOE COUNTY ATTOMEY'S OFFICE )QKDAS TO lPATRICiA EA81.E8 ONE T 1� OPMY Packet Pg.423 C.11.b yzGouRta 04 Kevin Madok, cPA JP ;M LUiO f�U A •o Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: January 27, 2020 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanc .C. CL SUBJECT: January 22" BOCC Meeting Attached is an electronic copy of die following item for your handling: C25 3ra Amendment to Business Lease for the requested annual CPI-U increase of 1.9% for the upcoming year with Ships Way, Inc., for District 2 Commissioner's office space in Big Pine Key. Ad Valorem funding. E Should you have any questions, please feel free to contact me at (305) 292-3550. E 0 N N N N 0 LO N 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 305-294-4641 305-289-6027 305-852-7145 305- Packet jPg.424 THIRD AMENDMENT TO BUSINESS LEASE THIS THIRD AMENDMENT TO BUSINESS LEASE,is made and entered into this 22th day of January,2020, between SHIPS WAY,INC.,hereinafter called "Lessor"or "Landlord", party of the first part, and THE COUNTY OF MONROE hereinafter calledCL ' "Lessee"or"Tenant",party of the second part: WHEREAS, Lessor and Lessee entered into a four (4) year Business Lease (hereafter "Original Agreement") on the 18th day of March,2015, with a lease term commencing on December 15,2014,and ending on December 14,2018;and WHEREAS,on March 15,2017,the Lessor requested and BOCC approved the lease rental amount to be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as E reported by the U.S.Bureau of Labor Statistics for the previous calendar year and the rental amount was therefore adjusted by.7%commencing December 15, 2016;and E WHEREAS, on November 20, 2018, the Lessor requested and BOCC approved the lease rental amount to be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous calendar year and the rental amount was therefore adjusted by 2.1%commencing December 15,2017;and WHEREAS, the Original Agreement provided for an option to renew the lease for a period E of four(4)years after the expiration of its original term,which terminated on December 14, 2018;and WHEREAS, the parties exercised the option to renew the Lease for an additional four(4) years on the initial termination date and on November 20,2018, a Second Amendment to Business Lease was entered into by the parties with a new lease term beginning on December 15,2018,and ending on December 14,2022;and 2 WHEREAS, Lessor has requested the lease amount be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price IndexLO (CPI-U)for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous calendar year; and WHEREAS,the CPI-U adjustment on December 31, 2018,was 1.9%;and WHEREAS,the parties have found the Lease to be mutually beneficial; 1 Packet Pg.425 NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged,the parties agree as follows: 1. The first unnumbered paragraph after the Witnesseth Clause of the Original Agreement is hereby amended to read: An office comprised of 813.5 square feet, located in the building known as "The CL Shops of Ships Way",25 Ships Way, Big Pine Key, situated in Monroe County, Florida,to be used and occupied by the Lessee as an office and for no other purposes or uses whatsoever, for the term of four (4) Years, beginning December 15, 2018, and ending December 14, 2022, the rent to be paid as follows: Commencing on December 15, 2019, $1,297.25 is to be applied to the first month's rent, including a pro-rated amount for any part month; and $1,297.25 on the first day of each month thereafter. Annually, on the anniversary of this Lease, there may be an increase not to exceed three percent(3%), in the monthly rent payment. The lease amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S.Bureau of Labor Statistics for the previous calendar year. 2. In all other respects the terms and conditions of the Lease,as amended,shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. co c F ATTEST SHIPS WAY,INC. ri LESSOR (V BY: By: avid S. She hard Se ret n`> P arY udy A. h p Presiden c t o o J f4� - � � ^'` \ a VIN MADOK,CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA LESSEE / J By: BY: Deputy Clerk Mayor/C airperson 2 MONROE COUNTY ATTORNEY'S OFFICE FtOVEp A8 TQFopN{ .1 r� rn 1 PATRICIA EABLES ASSISTANT COU ' DATE: �.r Packet Pg.426 001 COURT, Kevin Madok, cPA Clerk of the Circuit Court&Comptroller—Monroe County, Florida ~�E COUNT DATE: November 29, 2018 TO: Alice Steryou CL Contract Monitor FROM: Pamela G. Hanc ck C. SUBJECT: November 20"BOCC Meeting Enclosed is a duplicate original of each of die following Items for your liandling: G8 2 Amendment to Business Lease with Sliips Way, Inc., for District 2 Commissioner's office space in Big Pine Key for a terin of four years with die annual CPI-U 03 increase of 2.1%for die upcoming year. Ad valorem funding. G25 Tlurd Amendment to Agreement wide Master Mechanical Services, Inc. for A/C e Maintenance and Repair Services for die Upper Keys Facilities to extend die terin on a month-to- `✓ month basis not to exceed six mondis pending die award of a Request for Proposals. 2 G26 Fourth Amendment to Agreement with Air Mechanical&Service Corp. for Central X Air Conditioning Maintenance and Repair Services for the Middle Keys Facilities to extend the term on a month-to-monde basis not to exceed six mondis pending die issuance of a Request for Proposals and award of a contract. Funding is ad valorem. Sliould you leave any questions, please feel free to contact me at (305) 292-3550. Thank you. C 0 cc: Facilities Supervisor co County Attorney r- Finance File r- KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg.427 y SECOND AMENDMENT TO BUSINESS LEASE THIS SECOND AMENDMENTTO BUSINESS LEASE, is made and entered , into this 20th day of November, 2018, between SHIPS WAY, INC., hereinafter called "Lessor" or "Landlord", party of the first part, and THE COUNTY OF MONROE, y hereinafter called "Lessee" or"Tenant",party of the second part: WHEREAS, Lessor and Lessee entered into a four (4) year Business Lease (hereafter "Original Agreement") on the 18th day of March, 2015, with a lease term commencing on December 15, 2014,and ending on December 14, 2018; and WHEREAS, on March 15, 2017,the Lessor requested and BOCC approved the lease rental amount to be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous calendar year and the rental amount was therefore adjusted by .7%commencing December 15, 2016; and c WHEREAS,the Original Agreement provided for an option to renew the lease for a period of four(4)years after the expiration of its original term; and WHEREAS, Lessor has requested the lease amount be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous calendar year; and WHEREAS, the CPI-U adjustment on December 31,2017,was 2.1%; and WHEREAS, the parties have found the Lease to be mutually beneficial; and WHEREAS, both parties desire to exercise the option-to renew the Lease, NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 0 1. The first unnumbered paragraph after the Witnesseth Clause of the Original co co Agreement is hereby amended to read: CD An office comprised of 813.5 square feet, located in the building known as The Shops of Ships Way, 25 Ships Way, Big Pine Key, situated in Monroe County, Florida, to be used and occupied by the lessee as an office and for no other purposes or uses whatsoever, for the term of four (4) Years, beginning December 15, 2018, and ending ' 1 Packet Pg.428 December 14, 2022, the rent to be paid as follows: Commencing on December 15, 2018, $1,273.06 is to be applied to the first month's rent, including a pro-rated amount for any y part month; and $1,273.06 on the first day of each month thereafter. Annually, on the anniversary of this lease, there may be an increase not to exceed three (3) percent, in the monthly rent payment. The lease amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) CL for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous calendar year. 2 In all other respects the terms and conditions of the Lease, as amended shall remain in full force and effect. y IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: SHIPS WAY,INC. LESSOR 0 By: /1 aLud z , 1, By: Da id S. Shep iard, Secr tary udy A. ephard, Pie ident 3 :. Q�Cfi t' Z rn Co C`:".-. rn �`' ATTE 3 VIN MADOK CLERK BOARD OF COUNTY COMMISSI3I-RS © ,` OF MONROE COUNTY, FLORID; o . LESSEE ,x�....� ; a y: By: ��ry~� 7`�' B Deputy CIerk Mayor/Chairperson N AONROE COUNTY ATTORNEY'S OFFICE ? A ROVED AS TgEORIVy�_ PATRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: •=-Z.�* 2 Packet Pg.429 C.11.d KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT&COMPTROLUR DATE: March 21, 2017 CL TO: Alice Steryou y Contract Monitor VIA: Tammy Sweeting Administrative Assistant FROM: Pamela G. Hancock, D. SUBJECT: March 15th BOCC Meeting Enclosed is a duplicate original of each of the following items for your handling: C20 Sixth Amendment to Lease Agreement with Tropical Watersports. LLC, a water sports equipment rental vendor on Higgs Beach, to adjust for the CPI-U for the prior 12 months .� ending December 2016 of 2.1%. C21 Approval of a CPI-U adjustment ending on December 31, 2015 of.7%to the Business Lease with Ships Way, Inc. for Commissioner Neugent's office space on Big Pine Key. The lease will increase from $1,238.21 per month to $1,246.88 per month commencing on December 15, 2016. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File LO Packet Pg.430 C.11.d FIRST AMENDMENT TO BUSINESS LEASE THIS FIRST AMENDMENT TO BUSINESS LEASE, is made and entered into this 15th da . of March,_2017, between SHIPS WAY, INC., hereinafter called "Lessor" or "Landlord", party of the first part, and THE COUNTY OF MONROE, hereinafter called "Lessee" or "Tenant", party of the second part: WHEREAS, Lessor and Lessee entered into a four (4) year Business Lease (hereafter "Original Agreement") on the 18th day of March, 2015, with a lease term commencing on December 15, 2014, and ending on December 14, 2018; and WHEREAS, Lessor has requested pursuant to the terms of the Original Agreement that the rental amount be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous calendar year; and c WHEREAS, the CPI-U adjustment on December 31, 2015, was .7%; and WHEREAS, the parties have found the Lease to be mutually beneficial; and 2 WHEREAS, both parties desire to amend the Lease, NOW THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is ._- hereby acknowledged, the parties agree as follows: The first unnumbered Paragraph after the Witnesseth Clause of the Original Agreement is amended to read: y An office comprised of 813.5 square feet, located in the building known as The Shops of Ships Way, 25 Ships Way, Big Pine Key, situated in Monroe County, Florida, to ca be used and occupied by the lessee as an office and for no other purposes or uses whatsoever, for the term of four (4) Years, beginning December 15, 2014, and ending December 14, 2018, the rent to be paid as follows: Commencing December 15, 2016, $1,246.88 is to be applied to the first month's rent, including a pro-rated amount for any part month; and $1,246.88 on the first day of each month thereafter. Annually, on the anniversary of this lease, there may be an increase not to exceed three (3) percent, in the monthly rent payment. The lease amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) LO for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous calendar year. 1 � Packet Pg.431 C.11.d In all other respects the terms and conditions of the Lease, as amended shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and Year first above written. MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA s U) ,M. By: Deputy Clerk Mayor/Chairperson (SEAL) c SHIPS WAY, INC. ATTEST: ww By: X0"'W "f—jl Judy A. Shop yard, P`r idcnt David S. S ephard. Di- °tor 2- MONROE COUNTY ATTORNEY'S OFFICE f APja YEC AS TO FOR y PATRICIA FABLES ASSISTANT COUNTY ATTORNEY [SATE: - 0 c� ram. LO r9 2 Packet Pg.432 C.11.e BUSINESS LEASE THIS AGREEMENT, is made and entered into this 18th day of March, 2015, between SHIPS WAY, INC. hereinafter called "lessor" or "landlord", party of the first part, and THE COUNTY OF MONROE, hereinafter called "lessee" or "tenant", party of the second part: a, WITNESSETH, that said lessor does this day lease unto said lessee, and said lessee does hereby hire and take as tenant under said lease, the space described as follows: An office comprised of 813.5 square feet, located in the building known as The y Shops of Ships Way, 25 Ships Way, Big Pine Key, situated in Monroe County, Florida, to be used and occupied by the lessee as an office and for no other purposes or uses whatsoever, for the term of four (4) Years, beginning December 15, 2014, and ending December 14, 2018, the rent to be paid as follows: Upon the signing of this lease, _ $1,238.21 is to be applied to the first month's rent, including a pro-rated amount for any part month; and $1,238.21 on the first day of each month thereafter. Annually, on the anniversary of this lease, there may be an increase not to exceed three (3) percent, in the monthly rent payment. The lease amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous calendar year. Monroe County's performance and obligation to pay under this contract, is contingent upon an annual appropriation by the BOCC. Payment shall be in arrears and pursuant to Florida ti Local Government Prompt Payment Act. The lessee is a political subdivision of the State of Florida and, therefore, is not subject to state sales tax. All payments are to be made by mail to the lessor at: 29438 Saratoga Avenue, Big Pine Key, Florida 33043. LO co The following express stipulations and conditions are made a part of this lease and are hereby agreed to by all parties: FIRST: The lessee shall not assign, nor sub-let the premises, or any part thereof, nor use the same, or any part thereof, for any other purpose than as above stipulated, nor make any alteration therein, or additions thereto, without the written consent of the lessor, and all additions, fixtures, or improvements which may be made by the lessees, except movable office furniture, shall become the property of the lessor and remain upon the premises as a part thereof, and be surrendered with the premises at the termination of the lease. Packet Pg.433 C.11.e SECOND: All personal property, placed or moved in the premises above described, shall be at the risk of the lessees or owners thereof, and lessor shall not be liable for any damage to said personal property or to the lessee, arising from the bursting or leaking of water pipes, or from any act of negligence of any other co-tenant or occupant of the building or of any other person whomsoever, absent negligence on the part of the lessor. There will be no outside storage without the written consent of the lessor. THIRD: The tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations, and requirements of the Federal, State, and City Government and of any and of all their departments and bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances of other grievances, in, upon, or connected with said premises during said term, and shall also promptly comply with and execute all rules, orders, and regulations of the Southeastern Underwriters Association for the prevention of fires, at its own cost and expense. FOURTH: In the event that the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this agreement, whereby the same shall be rendered untenantable, then the lessor shall have the right to render said premises tenantable by repairs within ninety (90) days therefrom. If said premises are not rendered tenantable within said time, it shall be optional with either party hereto to cancel this lease, W and in the event of such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. FIFTH: The prompt payment of the rent for said premises upon the dates named, and the faithful observance of the rules and regulations printed upon this lease, which are hereby made a part of this covenant, are the conditions upon which this lease is made and accepted, and any failure on the part of the Lessee to comply with the terms of said lease, or any of said rules and regulations now in existence, shall be at the option of the lessor to work a breach of this contract. Lessor shall give the tenant notice of breach in writing and Lessee shall have 14 business days to remedy the breach. SIXTH: If the lessee shall abandon or vacate said premises before the end of the term of this lease, or shall suffer the rent to be in arrears, the lessor may, at his option, LO forthwith terminate this lease or he may enter said premises as the agent of the lessee, co without being liable in any way therefore, and relet the premises with or without any furniture that may be therein, at such price and upon such terms and for such duration of time as the lessor may determine, and receive the rent therefore, applying the same to the E payment of the rent due by the presents, and if the full rental herein provided shall not be realized by the lessor over and above the expenses to the lessor in such re-letting, the said lessee shall pay the deficiency, and if more than the full rental is realized lessor will pay over to said lessee the excess upon demand. SEVENTH: In any civil action brought to enforce the provisions of this lease, the party in whose favor a judgment has been rendered may recover reasonable court costs, including attorney's fees, from the non-prevailing party. Packet Pg.434 C.11.e EIGHTH: The lessee agrees that it will pay all charges for rent, changing the filter on the air conditioning unit, electricity or other illumination, and for all water used on said premises. The lessee agrees also to pay any additional costs incurred from excessive refuse disposal should they occur. NINTH: The lessor, or any of his agents, shall have the right to enter the subject rental premises with a 24-hour notice (except in an emergency) during all reasonable hours, to examine the same to make such repairs, additions, or alterations as may be deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit said premises and to put or keep upon the doors or windows thereof a notice "For Rent" at any time within thirty (30) days before the expiration of this lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions, which do not conform to this agreement, or to the rules and regulations of the building. Landlords shall give tenant prior reasonable notice of their intent to enter premises. TENTH: The Lessee hereby accepts the premises in the condition they are in at the beginning of this lease and agrees to maintain said premises in the same condition, order, and repairs as they are at the commencement of said term, excepting only reasonable wear and tear arising from the use thereof under this agreement, and to make good to said 0) lessor immediately upon demand, any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of the said premises, or of the building, caused by any act or neglect of lessees, or any person or persons in the employ or under the control of the lessee. 0 ELEVENTH: It is expressly agreed and understood by and between the parties to this lease that the lessor shall not be liable for any damage or injury by water, which may ti be sustained by the lessees or any other person, or for any other damage or injury resulting from the carelessness, negligence, or improper conduct on the part of any other lessees, or agents, or employees, or by reason of the breakage, leakage, or obstruction of the water, sewer, or soil pipes, or other leakage in or about the said building. TWELFTH: If lessees shall become insolvent or if bankruptcy proceedings shall be begun by or against lessees before the end of the lease term, lessor is hereby irrevocably LO authorized at its option, to forthwith cancel this lease, as for a default. Lessor may elect to Co accept rent from such receiver, trustee, or other judicial officer during the term of the occupancy in their fiduciary capacity without affecting lessor's rights as contained in this contract, but no receiver, trustee, or other judicial officer shall ever have any right, title, or interest in or to the described property by virtue of this contract. THIRTEENTH: This contract shall bind lessor and their assigns or successors, and the heirs, assigns, administrators, legal representatives, executors or successors as the case maybe, of the lessees. FOURTEENTH: It is understood and agreed between the parties hereto that the time is of the essence of this contract and this applies to all terms and conditions contained herewith. Packet Pg.435 C.11.e FIFTEENTH: It is understood and agreed between the parties hereto that written notice by certified mail or delivered to the premises leased hereunder shall constitute sufficient notice to lessee, and written notice by certified mail or delivered to the above stated address of lessor shall constitute sufficient notice to the lessor, to comply with the terms of this contract. SIXTEENTH: The rights of the lessor under the foregoing shall be cumulative, and failure on the part of the lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. SEVENTEENTH: It is further understood and agreed between the parties hereto that any charges against lessees by lessor for services or for work done on the premises by order of lessees or otherwise accruing under this contract shall be considered as rent due and shall be included in any lien for rent due and unpaid. EIGHTEENTH: It is hereby understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be first - submitted to lessor for approval before installation of same, and maintained in an acceptable condition. NINETEENTH: The lessees, and its customers and invitees, shall have the right, during the term of the lease, to use the parking area or areas owned by the lessor and located adjacent to the premises, of which the leased premises form apart, in common with the tenants occupying other portions of the entire building. The lessees covenants and c agrees, however, that it will not permit its employees or concerns making deliveries to or from the leased premises to use any portion of the parking area or areas other than such reasonable portion as lessor shall set apart for such purpose. The North parking area shall y be designated for employee parking, and it shall be most appreciated by all if that regulation is enforced. TWENTIETH: Lessees are a self-insured political subdivision of the State of Florida and shall, at their own expense, at all times during the term of this lease, maintain Insurance that will insure the lessor against liability for injury in or death of persons, or T_ loss or damage to their property occurring in or about the demised premises. The insurance CO CO coverage shall not waive any immunity lessee has pursuant to State Statute. TWENTY-FIRST: If the tenant fails to pay rent due and the default continues for three E (3) days, excluding Saturdays, Sundays, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, landlord may terminate the rental agreement. The three (3) day notice shall contain a statement in substantially the following form: You are hereby notified that you are indebted to us in the sum of dollars for the rent and use of the premises (address of lease premises, including County), Florida, now occupied by you and we demand payment of the rent, or possession of the premises, within three (3) days (excluding Saturday, Sunday, and legal holidays) Packet Pg.436 C.11.e from the date and delivery of this notice, to wit: on or before the day of 20 TWENTY-SECOND: In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the rental unit if tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption shall not apply if the rent is current or the tenant has notified the landlord of an intended absence and there are no breaches outstanding. y TWENTY-THIRD: Unless stated otherwise herein, the landlord and tenant shall refer to Florida Statutes Chapter 83, Part 1. TWENTY-FOURTH: All notices and payments under this lease shall be given to: For Landlord: For Monroe County: Judy A. Shephard Public Works 29438 Saratoga Avenue 1100 Simonton Street Big Pine Key, FL 33043 Key West, FL 33040 OPTION TO RENEW: Lessor grants to lessee an option to renew this lease for a period of four (4) years after the expiration of its original term, on the same conditions of this lease. Lessees shall give lessor written notice of its intention to renew this lease thirty(30) days prior to the expiration of this lease. TERMINATION FOR CONVENIENCE:Lessee may terminate this Agreement upon 90 days written notice. No rental shall accrue and neither party shall have any further obligations under the terms of the lease after the effective termination date of the notice. IN WITNESS WHEREOF, the parties hereto have hereunder executed this instrument for the purpose herein expressed, the day and year above written. 1 4 AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LO ly co y k Deputy Clerk DannyrKc4Age, Mayor SHIPS WAY, INC. ATTEST By: t By: t � Jitd A. Sloe haid, 1'r I ,%nt David S. Sheph rd, Seer e pry NA Ah Packet jPg.437