Item C06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
December 13. 14.2000
Division:
Public Works
Bulk Item: Yes ~ No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval of Lease Amendment with L.H. Kephart d/b/a! Eaton Street
Professional Center, to increase cost of dumpster service, and to include an annual CPI computation on
rent, and authorization for Mayor to execute same.
ITEM BACKGROUND: Pursuant to Article 2 of the original Lease Agreement dated August 11, 1999,
increases for sewer, water, and dumpster shall be addressed on a case by case basis, based on increases by
the service provider. An increase in cost by $62.07 occurred in January 2000, from $90.00 to $152.07 per
month. Lessor is requesting reimbursement for six (6) months beginning in May 2000 through October
2000 for a total amount of $372.42, and amending the contract accordingly to reflect new referenced
amount. Additionally, the original contract dated August 11, 1999 omits the CPI Computation statement
generally included in leases and contracts, and as referenced by Monroe County Purchasing Policy
Chapter 6, Article C. A CPI-U increase of 3.4% in rent for the first year commences on December 1,
2000, to November 30,2001.
PREVIOUS RELEVANT BOCC ACTION: On August 11, 1999, BOCC granted approval and
authorized execution of a Lease Agreement with L.H. Kephart d/b/a Eaton Street Professional Center to
occupy offices of the Public Defender.
STAFF RECOMMENDATION: Same as noted above.
Dumpster Fee Increase:
TOTAL COST: $372.42 reimb. $62.07 mo. $744.84 yr.
Rent Increase:
$369.50 mo. $4.434.00 yr.
Cost to County: Same
BUDGETED: Yes X NO
Account #69800-530-430 Waste
Account #69800-530-440 Rent
REVENUE PRODUCING: YES
NO l AMOUNT PER MONTH
YEAR
OMBlPurchasing _
Risk Management
//~~"D
ate, Sr. Director, Public F
an~II/2~o
DMSION DIRECTOR APPROVAL:
Dent Pierce, Division Director
DOCUMENTATION: Included --K- To follow
Not reqUired--tJ-t-ii
AGENDA ITEM # ~
DISPOSITION:
LEASE AGREEMENT WITH EATON STREET PROFESSIONAL CENTER
(Key West Public Defender office space)
. Approval to reimburse Lessor in the amount of $372.42 to cover increased cost of dumpster
service (from $90/month to $152.07/month) for the six-month period of May 2000 through
October 2000;
. Add CPI clause to agreement;
. Increase rent an additional $369.50 per month based on 3.4% CPI increase. Accordingly,
rent increases from $10,867.50 per month to $11,237.00 per month effective December 1,
2000; December 1 st is the first day of the second year term of this five year agreement;
. Increase utilities cost from $90 per month to $152.07 per month also effective December 1,
2000, to cover increased cost of dumpster service.
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November 10, 2000
Dear Carlos Zarate:
Per my conversation of November 1, 2000 with Ann Mytnick and our lease with
the Public Defender, we are requesting the following:
1) A retroactive refund of 6 months of solid waste increases per Waste
Management of the Florida Keys and amend the lease from $90.00 to
$152.07 monthly through the end of the lease.
6 months (May - October 2000): LL
$152.07 - $90.00 = $62.07 tl C r') --
$62.07 x 6 months = $372.42 -;. \'
2) Per the lease the annual (1999-2000) increase of C.P.!. of,)6%, please
present this to the Board of County Commission for November meeting.
Ii
Enc: Copy of Waste Management Bill
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RF:CFT'rF:.~.
NOV 1 3 ?OOn
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with:
CONTRACTS~ARY
Contract #
Eaton Street Professional Center
Effective Date:
Expiration Date:
12 /01 /00
11 /30 /04
Contract Purpose/Description:
To increase cost of dumpster fees by $62.07 per month. and reimburse from May 2000 to October
2000. and to increase rent beginning 12/01/00 by 3.4% which is the CPI-U increase for the latest
12 months available ending October. 2000.
Contract Manager
Ann Mytnik
(Name)
4431 Facilities Maintenance
(Ext.) (Department)
for BOCC meeting on
12/13. 14/00
Agenda Deadline: 11/29/00
CONTRACT COSTS
$ 137.868.84 Current Year Portion: $ 114.890.70
Account Codes: 00 I - 69800 - 530 - 440 - tZ.et"l1-
00\ -V18"OO -5~o - ~?O - l,l:h'.h:e...s
- ( PlA.bI },-,-l)~-)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
Total Dollar Value of Contract:
Budgeted? Yes ~ No
Grant: $
County Match: $
Estimated Ongoing Costs: $
(Not included in dollar value above)
Division Director
CONTRACT REVIEW
Changes
Date In Needed Reviewer
Yes No .
I J-t-2JOO ( ) (1 D- ~ ~ (~
1LJ~OO () (~.W~ UGJl.e:GCN'-
J!..J ~~ CO ( ) (~~ ()
Date Out
J!J~(1)
Risk Mana~tfflent
O~U~ihg
-bounty Attorney
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Comments:
OMB Form Revised 8/30/95 Mep #2
LEASE AMENDMENT
(Eaton Street Professional Center)
THIS Amendment is made and entered into this 13th day of December 2000, between the
COUNTY OF MONROE and L.H. KEPHART d/b/a EATON STREET PROFESSIONAL
CENTER in order to amend the Lease Agreement dated August 11, 1999 (a copy which is
incorporated hereto by reference) as follows:
1. Article 2, first sentence shall read as follows:
Lessee shall lease (8,280) Eight Thousand Two Hundred Eighty square feet at
($10,867.50) Ten Thousand Eight Hundred Sixty-seven Dollars and Fifty Cents per
month, which might be adjusted annually in accordance with the percentage change in the
Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months
available.
2. Rent therefore shall increase by 3.4% beginning December 1, 2000 to an amount of
Eleven Thousand Two Hundred Thirty-Seven Dollars and Zero Cents ($11,237.00) per
month.
3 . Article 2, second sentence shall read as follows:
Additionally, lessee shall pay ($100.00) One-Hundred Dollars per month for sewer and
water; ($152.07) One-Hundred Fifty-Two Dollars and Seven Cents per month for a
dumpster, payable within (30) Thirty days of each due date, commencing on December 1,
2000, and ending on November 30,2000.
4 , In all other respects, the original agreement between the parties dated August 11, 1999
remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above.
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
L.H. KEPHART, EATON PROFESSIONAL CENTER
Witness
By:
Witness
Approved as to Form and Legal Sufficiency
Title
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LEASE AGREEMENT
Statc of Florida
County of Monroe
lllis Lcasc Agrccmcnt entcrcd into this II th day of August, 1999. between L.H.
KEPHART d/b/a EATON STREET PROFESSIONAL CENTER, party of the first part,
hcreinaftcr called the Lessor, and the BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, party of the second part, hereinafter called the Lessee.
,
WITNESSETH:
WHEREAS, that the said lessor does this day lease unto said lessee. and
WHEREAS, said lessee does hereby hire and take as tenant under said lessor room or
space, as shown on EXHIBIT A, attached hereto and made a part thereof, situated at:
EATON STREET PROFESSIONAL CENTER, KEY WEST
MONROE COUNTY, FLORIDA;
To be used and occupied by the lessee as offices of the Public Defender and for no other purpose
or uses whatsoever, and
WHEREAS, begilming on the first (I SI) day of December. 1999 and ending on the thirtieth
(30th) day of November, 2004, and
NOW. THEREFORE, for the agreed total rcntal sum of ($130,41 0.(0) One Hundred
Thirty Thousand Four Hundrcd Ten Dollars per annum payable to EATON STREET
PROFESSIONAL CENTER, at 524 Eaton Street. Key West, Florida 33040. and other good and
valuable consideration, the parties agree as follows:
I. Lcssor shall lease to lessee and lessce shall lease from lessor the above-described premises.
2. Lessee shallleasc (8,280) Eight Thousand Two Hundrcd Eighty square feet at ($10,867.50)
Ten Thousand Eight Hundred Sixty-sevcn Dollars and Fifty Cents per month. Additionally, Icssee
shall pay ($100.00) One-Hundred Dollars per month for se\ver and water; ($90.00) Ninety Dollars
per month tor a dumpster, payable within (30) lllirty days of each due date, commencing on
Dccember I. 1999 and ending on November 30. 2004. Increases for sewer, water. and dumpter
shall be addressed on a case by case basis. based on increases by the service provider.
3. All additions, fixturcs or improvements which may be madc by lessee, except movable office
furniture and equipment, shall become the property of the lessor and remain upon the premises as a
part thereof and be surrendercd with the premises at the ternlination of this lease unless otherwise
agreed upon by the parties thereof.
4. All personal property placed or moved in the above-described premises shall be at the risk of
the lessec or owner thercof, and lessor shall not be liable for any damages to said personal
property.
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5. In thc evcnt the premises shall be destroyed or so damaged or injured by fire or other casualty
during thc life of this agreement, whereby the samc shall be rendered untenantable, then the lessor
shall have the right to rcndcr said premises tenantable by rcpairs within (90) Ninety days
therefrom. If said premises are not rendered tenantable within said time frame, it shall be optional
with either party hereto to cancel this lease, and in the event of such cancellation, the rent shall be
paid only to thc date of such fire or casualty. The cancellation hcrein mentioncd shall be cvidenccd
in writing.
6. Lcssec shall have thc right to sublet the premises for the duration of thc term of this lease,
subject to the lessor's approval, provided that such approval shall not be unreasonably withheld.
7. Lessee agrees to pay the cost of collection and ten percent (10%) attorney's fee on any part of
said rental that may be collected by suit or by attorney, after the same is past due.
8. The lessce agrecs that it will pay all charges for rent, gas, watcr, sewer, trash, electricity or
other illumination used on said prcmises, and should charges for rent or lights herein provided for
at any time remain due and unpaid for the spacc of (30) Thirty days after the same shall have
become due, thc lessor may at its option considcr thc said lessee/tenant at sufferancc and
immediately re-enter upon said premises and the entire rent for the rental period then next ensuing
shall at once be due and payable and may forthwith be collected by distress or otherwise.
9. The lessor, or any of its agents, shall have the right to enter said premises during all reasonable
hours to examine the same to make such repairs, additions, or alterations as may be deemed
necessal)' for the safety, comfort or preservation thcreof, or of said building, or the exhibit said
premises, and to put or keep upon the doors or windows thereof a notice "FOR RENT' at any time
within (30) TIlirty days bcfore the expiration of this lease. The right to cntry shalllikeVvise exist
for the purpose of removing placards, signs, fixtures, alterations or additions which do not confonn
to this agrcemenL or to the rules and regulations of thc building.
10. Lessce hereby accepts the premises only after the following repairs arc completed at the
expense of the lessor:
a) Repair all existing damage including thc water damaged ceiling tile and walls.
b) Rcpair, paint and maintain the front inside stairs
c) Indoor air quality assessment performed by a liecnsed Certified Industrial Hygicnist, with
samples taken of the visible mold and fungal growths; to be analyzed to detennine the presence
of any hcalth / safety issues. and provide rcmcdiation reeonullendations, at the cost of the
Icssor.
d) Lessor shall provide corrective action to all items indicated in the recommendation report
outlined in Paragraph IOc, at lessor's expense. HO\vever, in the event the total cost or costs
associated with said corrective action reaches $5,000.00 during the term of this agreement, the
lessor shall have the option oftenninating this agreement as provided in Article 18a. Further,
during the six (6) month notice period provided in Article ISa, the lessor shall not be liable for
any costs of said compliance above $5,000.00.
c) Repair damaged fence in the parking lot and clear all of the wooden debris from the arca
around the dumpstcr
f) Repair outside stairs by providing the landing rcquircd by code.
g) Upon completion of aforementioned repairs, lessce agrces to maintain said premises in the
same condition, order and rcpair as there were at the commencement of said ternl, exception
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only reasonable wear and tear arising from the use thereof under this agreement, and to make
good to said lessor immediately upon demand, any damage to water apparatus or electric lights
or any fixtures, appliances or appurtenances of said prcmises, or of the building, caused by
any act or neglect of lessee, or of any person or persons in the employ or under the control of
the lessee.
II. This contract shall bind the lessor and its assigns or successors, and the heirs, assigns,
administrators. legal representatives, executors or successors as the case may be, of the lessee.
12. It is understood and agreed bctween the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained'herein.
13. It is understood and agreed between the parties hereto that written notice mailed or delivcred to
the premises leased hereunder shall constitute sufficient notice to the lessee and written notiee
mailed or delivered to the office of the lessor shall constitute sufficicnt notice to the lessor, to
comply with the tenns of this contract.
14. The rights of the lessor undcr 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.
15. I t is fu rther understood and agreed between the parties hereto that any charges against the
lessee by the lessor for services or for work done on the premises by order of the lessee or
otherwise accruing under this contract shall be considercd as rent due and shall be included in any
lien for rent due and unpaid.
16. PARKING
a) Parking is to be provided by the lessor between the hours of 6:00 a.m. and 6:00 p.m. Monday
through Friday, throughout the ternl of this lease. as per Exhibit "B" attached hereto and
incorporated by referencc, with lessor retaining rights to (3) three spaces.
b) Lessor shall provide (3) parking passes to be utilized at the parking lot as depicted in Exhibit
"B" between the hours of 6:00 p.m. and 6:00 a.m., (7) seven days per week, throughout the
ternl of the lease.
c) Lessor shall provide lessee (3) three parking spaces on the east side of the building to be
utilized (7) seven days per week, (24) twenty-four hours per day. Lessor shall relocate air
conditioning components from within the driveway area to accommodate this parking as
referenced.
d) Lessor maintains the right to provide alternate parking for rcpairs and or construction in or
around the parking lot, within reasonable distance from the referenced lease site.
e) Lessor shall provide fcncing for the lot and keep it free from debris.
17. All deposits for utilities will be paid by lessee.
IR. TERMINATION:
a) This agreement may bc terminated without penalty be cither the lessor or lessee upon providing
a (6) six month written notice mailed or delivered to the other party
b) In the event that funds from the budget of Monroe County are partially reduced or cannot be
obtained or cannot be continued at a level sutlicient to allow for the rental of property specified
herein, this agreement may then be terminated immediately at the option of the Board by
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written notice of termination delivered in person or by mail to the lessor. The Board shall not
be obligated to pay for any rental provided by the lessor after the lessor has received written
notice of termination.
c) This lease may be tenninated by the Lessee upon written sixty (60) days notice to the Lessor
that the Lessee has obtained adequatc office space in a governmental building.
19. The lessor hercin expressly agrees to maintain the subject premises in full compliance with the
American Disabilitics Act. Further, the lessor shall be liable for any cost or expenditure associated
with said compliance. However, in thc evcnt thc total cost or costs associated with said compliance
reaches $5,000.00 during the term of this agreement, the lessor shall have the option oftemlinating
this agreement as provided in Article 18a above. Further, during the six (6) month notice period
provided in Article IRa, the lessor shall not be liable for any costs of said compliancc above .
$5,000.00.
20, The Icssor herein expressly agrees to maintain the common bathrooms utilized by the tenants
ofthc subject premises in a clean, sanitary manncr. Further. the lessor expressly agrces to be
liable for any cost or expenditure associated with same.
2 J. Notwithstanding the provisions contained in paragraph 8 above, the lessee, with the assistance
of the Monroe County Public Works Division, herein expressly agrees to be liable for normal
routine maintenance associated with operation of the air conditioning system located on the subject
premises, limited to cleaning and changing the filters, coils and belts, as wcll as monthly cleaning
ofthc drain. The lessor hcrein expressly agrces to be responsible for all costs associated \\lith
maintenance and operation of the air conditioning system, including all electrical, mechanical
components, coils, condensers. and refrigerants.
22. The Icssor herein exprcssly agrces to maintain the subject premises in hilI compliance with all
safety codes and standards, and remedy all safety hazards as deemed appropriate by the Monroc
County Safety Manager. Further, the lessor shall be liable for any cost or expenditure associated
with said compliance. However, in the event the total cost or costs associated with said compliance
reaches $5,000.00 during the teml of this agreement, the lessor shall have the option oftenninating
this agreement as provided in Article 18a above. Further, during the six (6) month notice period
provided in Article 18a, the lessor shall not be liable for any costs of said compliance above
$5,000.00.
23. Lessor warrants that it has not employed, retained or otherwise had act on its behalf any
fonner County officer or employee subject to the prohibition of Section 2 of Ordinance No. 0 I 0-
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, terminate this contract \\'ithout
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
tonneI' County officer or employee,
24, A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity erime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the 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
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the threshold amount provided in Section 187.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
25. Exhibit "C", attached hereto and incorporated as part of this lease document, is a survey of the
property.
26. Exhibit "D", attached hercto and incorporated as part of this lease document. is a list of locally
licensed contractors approved by the lessor to provide reasonable repairs and emergency assistance
to the lessee at the full cxpcnse ofthc lessor, up to ($250.00) Two Hundred Fifty Dollars per
incident, to effectively expedite and accomplish all rcquired repairs. Repairs in excess of
($250.00) Two Hundred Fifty Dollars per incident shall first oe approved by the lessor. Lessor
shall respond to requcsts for repairs in excess of$250.00 within (24) twenty-four hours.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instnll11ent for
the purposes herein exprcssed, the day and year first above written.
SIGNED, SEALED and DELIVERED in the prescnee of
~~
Witness as to Lessor
BY:
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
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BY: \
Mayor/Chairman
'D.c::.
form and legal
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