Item C10BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21, 2001 Division: Public Works
Bulk Item: Yes X No Department: Facilities Maintenance
AGENDA ITEM WORDING: Correction of Lease Amendment with L.H. Kephart d/b/a/ Eaton Street
Professional Center, approved December 13, item 3, adjusting the time for dumpster fee increase
commencing December 1, 2000, and ending November 30, 2004.
ITEM BACKGROUND: On December 13, 2000, a Lease Amendment was approved by the BOCC to
increase the dumpster fee at the Eaton Street Professional Building from $90.00 to $152.07 per month.
The remaining lease term is in effect until November 30, 2004, however the Lease Amendment entered
into the 13t' day of December erroneously listed the term for increased dumpster fees as commencing
December 1, 2000, and ending November 30, 2000, and should have reflected November 30, 2004.
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, and on December 13, 2000, BOCC approved lease amendment to
increase cost of dumpster service, and to include an annual CPI computation on rent.
STAFF RECOMMENDATION: Same as noted above.
TOTAL COST: N/A BUDGETED: Yes X NO
Cost to County: N/A
REVENUE PRODUCING: YES NO X AMOUNT PER MONTH YEAR
APPROVED BY: CounMAtty. . OMB/Purchasing Risk Management _
Item Prepared b • /-J W
arlos r. Director, PublicXalties Maipteffff fe _ (5/��/�r
DIVISION DIRECTOR APPROVAL:
Dent Pierce, Division Director
DOCUMENTATION: Included X To follow Not required
DISPOSITION:
AGENDA ITEM # 10
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT,SUMMARY
Contract #
Contract with: Eaton Street Professional Center Effective Date: 12 /01 /00
Expiration Date: 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 be inning 12/01/00 by 1.4% which is the CPI-U increase for the latest
12 months available endint; October, 2000
Contract Manager Ann_My_tnik _4431 Facilities Maintenance____
(Name) (Ext.) (Deparimcnt)
for BOCC meeting on 12/13, 14/00 Agenda Deadline: 1 1/29/00
Total Dollar Value of Contract
Budgeted? Yes X No _
Grant: $
County Match
Estimated Ongoing Costs: $_
(Not included in dollar value above)
CONTRACT COSTS
$_137,868.84 Current Year Portion: $ 114,890.70
Account Codes: 001 - 69800 - 530 - 440 - �
oo t-bgg,00 - 53o - 30 - V_1. f,.eS
C P11�bI) <— _ l)4Cn��
ADDITIONAL COSTS
- _ For:
(eg. maintenance. utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In
Needed Reviewer
Date Out
Division Director
! d / 5/61D
Yes No
() (✓S • P �e�cx
/2-/ 5/
Risk Management
0. /Pu �61iig
L _10-9-o
// /B/
( ) (� , �„� _ cw�
It /2`1 / o6
bounty Attorney
IV q / o0
Comments:
0MIJ 1 onn Revised 8/30/95 Mla' 112
LEASE AMENDMENT
(Eaton Street Professional Center)
THIS Amendment is made and entered into this 21" day of February 2001, 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, and amended
December 13a' 2000, (copies which are incorporated hereto by reference) as follows:
1. 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, 2004.
2. 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
By:
Deputy Clerk
Witness
Witness
as to Form and Legal Sufficiency
BOARD OF COUNTY COMiYIISSIONERS
OF MONROE COUNTY, FLORIDA
L.H. KEPHART, EATON PROFESSIONAL CENTER
By:
Title
LEASE AMENDMENT
(Eaton Street Prpf'Cssional Center)
THIS Amendment is made and entered into this IP 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:
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, Iessee 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.
By:
In all other respects, the original agreement between the parties dated August 11, 1999
remains in full force and effect.
WI-fEREOF, the parties have hereunto set their hands and seal, the day and year
'%X 1P
KOLHAGE_ CLERK
J Dqfuty Clerk
1� ilncs.-
BOARD OF COUNTY COMMISSIONERS
O QF MONROE COUNTY_ FLORIDA
zll
Q `..,'
Approved as to l.orm and Legal Sufficiency
— Title -- --
LEASE AGREEMENT
Statc of Florida
County of Monroc
This Lease Agreement entered into this I I th day of August, 1999, between L.H.
KEPHART d/b/a EATON STREET PROFESSIONAL CENTER, party of the first part,
hereinafter called the Lessor, and the BOARD OF 6OUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, party of the second part, hereinafter called the Lcssec.
WITNESSETH:
WHEREAS. that the said Icssor does this day lease unto said lessee. ;uul
WHEREAS, said lessee does hcrebN hire and take as tenant under said lessor room or
space, as shoNvn on EXHIBIT A, attached hereto and madc 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 otlicr purpose
or uses whatsoever, and
WHEREAS, beginning on the first (11 day of December, 1999 and ending on the thirtieth
( i0u') day of November, 2004, and
NOW. THEREFORE, for the agreed total rental sum of ($130,410.00) Onc 1 lundred
PIZOF
"Thirty Thousand Four Hundred Ten Dollars per annum payable to EATON S 1 REST
I:SSIONAL CENTER, at 5211 l :rton Street, Key West Florida 330,I0" and other good and
valuable consideration, the parties agree as follows:
I . Lessor shall lease to lessee and lessee shall lease from lessor the above -described premises.
2. Lessee shall lease (8,280) Eight Thousand Two Hundred Eighty square feet at ($10 8C77 O
Ten Thousand Eight Hundred Sixty-seven Dollars and Fifty Cents per month. Additionally, lessee
shall pay ($100 00) Onc-Hundred Dollars per month for sewer and watcr, ($90.00) Ninety Dollars
per month for a dumpster, payable withi
December I. n (30) Thirty days of each due date, conunencing on
1999 and ending on November 30. 2004.111111111.. icrcascs for sc\\:cr" water, and dumpter
shall be addressed on a case by case basisbased on mCrcascS by t is service provider.
�. All additions, fixtures or improvements which may be made by lessee, except pt movabl
il-
furniture and equipment, shall become the propery, of the lessor and remain upon the prcm scs e a
part thereof and be surrendcr-cd with the premises at the termination of this lease utiles, o'llisc as
'It reed upon by the parties thereof.
'a. All personal property placed or moved in the above -described prcrrirscs shall be at the risk of
the lessee or owner thereof, and lessor shall not be liable for any danri�cs to said personal
Property,
P,il,c I of >
5. In the event 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 untenantablc, then the lessor
shall have the right to render said premises tenantable by repairs within (90) Ninety days
therefrom. If said premises arc not rendered tenantable within said time frank, 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 the date of such fire or casualty. The cancellation herein mentioned shall be evidenced
ill writing.
6. Lcssec shall have the right to sublet the premises for the duration of the term of this Icasc,
SUbICct to the lessors approval, provided that Such approval shall not be unreasonably withheld.
7. Lcssce agrees to pay the cost of collection and ten percent (I 0%) attorncy,s fee on any part of
said rental that nmy be collected by suit or by attorney, after the same is past due.
S. The lessee agrees that it will pay all charges for rent, gas, water, scvver, trash, electricity or
Other illumination used on said premises, and should charges for rent or lights herein provided for
at any time remain due and unpaid for the space of (30) Thirty days after the same shall have
become due, the lessor may at its option consider the said lessee/tenant at sufferance 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 otllerNvise.
9. The lessor, or an_v of its agents, shall have the right to enter said premises during all reasonable
hours to examine the sank to make such repairs, additions, or alterations as may be deemed
necessary-- for the safety, comfort or preservation thereof, of said building, g, or the exhibit said
prcmiscs, and to put or keep upon the doors or xvindows thereof a notice "FOR RENT' at any mc�Nise exist
tune
within (30) Thirly days before the expiration of this lease. The right to crltry shall lik� for the purpose of, rem
oving placards, signs, fixtures, alterations or additions which d0 is Conform
to this agreement. or to the rules and regulations of the building.
10. Lcsscc hereby accepts the premises only after- the following repairs are conlplcic(l at the
expense of the lessor:
a) Repair all existing damage including the water damaged ceiling tilt and walls.
b) Repair, paint and maintain the front inside stairs
c) Indoor air quality assessment performed by a licensed Certified Industrial Hygicnist_ with
samples taken of the visible mold and fungal growths; to be analyzed to deternlinc the presence
lessor.
of any health /safc(y issues, and provide rcmcdiatioil rccon-inlendatlolls. at the cost of the
d) Lessor shall provide corrective action to all items indicated in the recoinnlendat1011 report
outlined in Paragraph I Oc, at lessor's CxpcnsC. However, 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 of terminating this agreement as provided in Ailicic I Ha. Further,
during the six (6) month notice period provided in Article 18a, the lessor shall non be liable 1'or
an), 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 area
around the dunlpslcr
n Repair outside stairs by providing the landing required by code.
g) Upon completion of aforunentloncd repairs, lessee agrees to maintain said prcmiscs in the
salve condition, order and repair as there \vere at the conurlcnccnleni of said terns, exception
Page 2 of 5
m
Y'jr•
only reasonable vicar and tear arising from t(14 use thereof under this agreement, and to make
hood to said lessor immediately upon dcmand',,any damage to water apparatus or electric (i
or any futures, appliances or appurtenances of said premises, or of the building, caused by ]Its
MY act or neglect of lessee, or of any person or persons in the employ or under the control of
the Icsscc.
I I . This contract shall bind the lessor and its assi
administrators. legal rcprescntatgns or successors, and the heirs, assigns,
ivcs. czccutors or successors as the case may be Oldie lessee.
12. It is understood and agreed between the parties thereto 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 �� rittcn notice mailcdJor deli
the promises leased hereunder shall constitute sufficient notice to the Icsscc and written notice
to
mailed or delivered to the office of the lessor shall constitute suilicicnt notice to the lessor, to
comply with the tcnrrs of this contract.
14. The rights of tine lessor under the foregoing shall be cumulative, and failure on the part of the
lessor to exercise promptly any rights gi
rights. ven hereunder shall not operate to forfeit any of the said
15. It is further understood and agreed between the parties hcrcto that any charges against the
Icsscc by the lessor foyer thiccs or for work done on the premises by order of the lessee or
lie"Otllfor
o re accruing under this contract shall be considered as rent duc and shall be included in any
lien for rent duc and unpaid.
16. PARKING
a) Parking is to be provided by the lessor between
throthe hours of 6:00 a.m. and 6:00 p.m. Monda
ugh Friday, throughout the terns of this lease, as per Exhibit "B" attached hcrcto and y
incorporated by reference, 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 6M p.m. and 6:00 a.m., (7) seven days per \week, throughout the
term of the lease.
c) Lessor shall provide Icsscc (3) three parking spaces on the cast side of the building
utilized (7) seven days per week, (24) tvcn(y_four hours per da at be
conditioning components from within the driveway area to acconn odatoerthisl�arkir��te air
referenced. parking as
d) Lessor maintains the right to provide alternate parking for repairs and or construction in or
around the parking lot, within reasonable distance from the referenced lea
c) Lessor shall provide fencing for the lot and keep it free from debris, se site.
17 All deposits for utilities will be paid by lessee.
TERM INAT'ION-
a) I-Ilis af;rccnlcnt nlal' be Icrnlirlatcd without pcnaltl be e a (6) s,x nlonlh wr, ither the Icssor or Icsscc upon providin
itten notice mailed or delivered to the other party b
b) In the event that funds from the budget obtained or cannot be COrI(of Monroe County are partially reduced o cannot be
herein. tlimcd at a level sufY7cicllt to allow for tllc rental Of property Specified
his agreement may then be terminated immediately at the option of the Board by
Page 3 of
written notice of termination delivered in per.h or by mail to tilt lessor. The Board shall not
be obligated to pay for any rental provided M,. llc lessor after the lessor has received written
notice of tentiination.
c) This lease may be terminated by the Lcsscc upon written sixty (60) days notice to the Lessor
that the Lcsscc has obtained adequate office space in a governmental building.
19. The lessor herein expressly agrees to maintain the subject premises in filll compliance with the
American Disabilities Act. 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 term of this agrcenicnt, the lessor shall have the option of tcrmmnating
this agreement as provided in Article 18a above. Further, during the six (6) month noti
provided in Article 18a, tile icecrod
e lessor shall not be liable for any cOS(S Of S11d compliance above
$5,000.00.
20. The lessor herein expressly agrees to mainta
Of the subin the common bathrooms utilized by the tcnanls
ject premises in a clean, sanitary manner. Further, the lessor expressly agrees to be
liable for any cost or expenditure associated with same
21. 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 nornial
routine maintcnancc associated with operation of the air conditioning system located on the subject
premises, limited to cleaning and changing the filters, coils and belts, as well as monthly cleaning
of the drain. The lessor hcrcin expressly agrees to be responsible for all costs associated Nvith
maintcnancc and operation of the air conditioning system, including all electrical mechanical
components, coils, condensers, and refrigerants.
22. The lessor hcrci[' expressly agrees to nlalntaln the
.subtccl Premises In fill] compliance with all
safety codes and standards. and remedy all safety hazards as deemed appropriate by the Monroe
County Safety Manager. Further, the lessor shall be liable for am, cost or cxpendihirc associated
With said contpliancc. However, in the event the total cost or costs associated with said compliance
reaches $5,000,00 during the term of this agreement, the lessor shall have the option of terminating
this agreement as provided in Article 18a above. Further, during the six (6) month notice lcrio
provided in Article 18a, the lessor shall not be liable for any costs of said contpliancc above d
$5,000.()0.
23. Lessor warrants that it has not employed, retained or otherwise had act on former CountyC officer or employee its behalf anv
1990 or any Csubject to the prohibition of Section 2 of Ordinance No. 0 l 0-
ounty 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 Nv ithout
liability and nlay also, in its discretion, deduct front the contract or purchase price_ or othcrnvisc
recover the full amount of any fee, commission, percentage. gift. or consideration paid to the
forntcr County ol(iccr or employee.
24. A person or al�lillate who has been placed on the convicted vendor list lollowing a convict
for public cntitv r.rintc nta\ not submit a bid on a contract to prav,dc :ul� goods or services to a
public elltpublic
b ntay 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 entit
may not be awarded or perform work as a contractor, supplier, subcontractor, or consullanl under
a contract with any public entity, and may not transact business with anv public entity in excess of
Page 4 of 5
the threshold amount provided in Section 287.017; for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
25. Exhibit "C", attachcd hercto and incorporated as part of this lease document is a
property. survey of the
26. Exhibit "D", attached hereto 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 hill cxpcnsc of the lessor, up to (�250.00) Two I-lundred Fifty Dollars per
incident, to effectivcly expedite and accomplish all required repairs. Repairs in excess of
($250.00) Two Hundred Fifty Dollars per incident shall first.be approved by the lessor. Lessor
shall respond to requests for repairs in excess of $2i0.00 within (24) twenty-four hours.
IN WI'FNESS WI IEREOF, the parties hereto have hereunto executed this instnunent for
the purposes hcrcui expressed, the day and year first above written.
SIGNED, SEALED and DELIVERED in the presence of
Witncs s Lessor
EGG
Witness as to Lessor
REETPRO FF
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY:
Mayor/Chairman --
ERK
Approved as to farm and legal
suf,fii�i�ncy _
D C . it71
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Page 5 ot' 5
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EXHIBIT "C"
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