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Item C03 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 19. 20. 2001 Division: Public Works Bulk Item: Yes X No Department: Facilities Maintenance AGENDA ITEM WORDING: Approval of Lease Amendment with Cayo Hueso Parking, Inc. to terminate lease providing 10 assigned parking spaces for the State Attorney's office at Jackson Square. ITEM BACKGROUND: Pursuant to Article 4 of the original Lease Agreement dated June 20,2001, either party hereto may cancel the agreement with or without cause by giving 30 days written notice. Due to changes at the parking lot located at 416 Southard Street, Cayo Hueso wishes to exercise the cancellation option effective September 28, 2001. PREVIOUS REVELANT BOCC ACTION: On May 17, 2000, BOCC approved to enter into a Lease Agreement with Cayo Hueso parking, Inc. for 20 parking spaces at $10.00 per day per space to help alleviate the parking problems at Jackson Square. On February 21, 2001, the BOCC granted approval to enter into a 4 month Lease Agreement with 2 four month options to renew for 10 parking spaces for the State Attorney's Office at $8.00 per day per space, and on June 20, 2001, the BOCC approved to renew the first of two options to renew the Lease for 4 additional months. CONTRACT/AGREEMENT CHANGES: Terminate Lease effective September 28,2001. tI STAFF RECOMMENDATIONS: Same as Stated Above. TOTAL COST: N/A BUDGETED: Yes N/ A No COST TO COUNTY: N/A REVENUE PRODUCING: Yes No-X AMOUNTPERMONTB_ Year APPROVED BY: OMB/Purchasing _ Risk Management _ ., <1 ~~ . King, Acting Sr. Director, Lower Keys Operations DIVISION DIRECTOR APPROVAL: ~ ~ ... y/ 5/01 Dent Pierce, Director of Public Works ITEM PREPARED BY: DOCUMENTATION: Included . X To Follow Not Required AGENDA ITEM #-J ",c, .3 DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Cayo Hueso Parking, Inc. Contract #I Effective Date: July 2,2001 Expiration Date: September 28,2002 Contract Purposc/Dcscription: Tenninale Lease Al!reement for 10 Darkin~ spaces for the State Attornc:y's offil;;C: at Jackson Souare Contract Manager: AM Mytnik 4432 Facilities/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meetin.e on 09/19/01 AJ!:cnda Deadline: 09/05/01 CONTRACT COSTS Total Dollar Value of Contract: $ 5,418.00 Budgeted? Yes[8] No 0 Account Codes: Grant: $ N/A County Match: S NI A Cuncnt Year Portion: $ 5,418.00 001-20501-530-440- - - - ---- - - - - ---- ADDITIONAL COSTS Estimar:d Ongoing Costs; S_/yr For: (Not mctuded in dollar value above) (e2. l11llinlenance, lIlililies, janitQrial. salanes. ere.) - - - ------ CONTRACT REVIEW Date In c;:::~ /' L n/L? . Division Director '1110101 YesONoO ~~~ Risk M~agcment q ( c;t 0 I YesO No~ a . {J~ ~,"~tf'(""-- O.M.B.lPun:hasing tt~O\ YesO N<<" ~~_ County Ahomey r/~( YeSDNoB--~/<<~~ Comments: Date Out OMS Fonn Revised 2/27/OJ MCP #2 I . - AMENDMENf TO AGREEMENT (Cayo Hucso Parking, Inc.) TInS Amendment is made and entered into this 191b day of Septemba 200 1. betWeen CA YO HUESO PAlUCING, INC. and MONROE COUNTY. in order to terminate the agreement between the parties dated February 21,2001, and renewed on June 20,2001 (copies of which are incorporated hereto by refercDGe); as follows: 1. In accordance with Article 4 of the original agreement, CA YO HUESO P ARKlNG, lNC exercises its option to cancel the agreement with or without cause by giving 30 days written notice. The Lease therefore shall terminate effective September 28.2001. 3. In all other respects, the original agreement between the parties dated February 21, 2001 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: :t CA YO HUESO PARKfNG, 1Ne. By: President RENEW AL AGREEMENT (Cayo Hueso Parking, Inc.) TillS Renewal is made and entered into this 20th day of June 2001, between CA YO HllESO PARKING, INC. and MONROE COUNTY, in order to renew the agreement between the parties dated February 21, 2001, ( a copy of which is incorporated hereto be reference); as follows: 1. In accordance with Article 3 of the original agreement, CA YO I-IUESO PARKING, INC. exercises the first of two options to renew the Agreement for a term of four (4) months. 2. The term of the renewed agreement will commence on 1vlonday July 2, 2001, and will terminate on Friday November 2,2001. 3. In all other respects, the original agreement between the parties dated February 21, 2001 remains in full force and effect. BOARD OF COUNTY COMMISSIONERS 7MONROE COUNTY, FLORIDA ~?),e ~()d - :0 CA YO HUESO PARKING, INC. By 4r~ if tv~ Presidl1 ' ~ BOARlJ .QFCOUNTY COMMISSIONERS . .-l" '~ .j' '.',"'~:;jl''''''<'''''\.I\.'''' . . . {' i~.J.i'(4)."l"'\'''''\t:t.i.ll " .1~. "'~t',t' !'.\;: it.l'~fa'~~'"'' ! I'll;,. \. ~ll't"'~J,':r~'''' " i1:. :\It;'l~:\\'" :~~l""~ , ~;.(]t.0'~',lr :t~'~~'!. \ i: . :,,:,1', '~; . ,,;~.'! ~. ". -.'. .& . LEASE AGREEMENr TInS LEAsE, by and between CAYO HUESO PARIqNG, INC., hereinafter called the Lessor, and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the STATE OF FLORIDA, hereinafter called the Lessee, to use and OCCUpy the property hereinafter described under the terms and conditions contained herein. NOW THEREFORE, in consideration of tile covenants hereinafter to be kept and performed, tile lessor hereby leases unto tile Lesscc tI1at certain property described as follows: 1. PRElyfiSES: 10 Assigned Parking Spaces 416 Southard Street Key West, Florida 33040 2. TERM: The term of this agreement shall be for four (4) monUlS commencing March I, 200 I, and shall terminate June 29,2001, unless ex1.ended pursuant to the terms ofUtis agreement. 3. EX'IENSIONS: This agreement may be extended for two (2) four (4) monUl periods upon approval by Cayo Hueso Parking, Inc. and the Monroe County Board of County Commissioners. 4. Either party hereto may cancel Uus agreement with or wiUlOut cause by giving the oUler party sb..1.y (30) days written notice sent by' certified U.S. Mail of its intentions to do so. 5. RENTAL: TIle Lessee shall pay Ule Lessor a monthly rent in arrears for 10 parking spaces @ $8.00 per space per day plus applicable sales tax, upon receipt of an invoice, from Monday through Friday 8:00 a.m. to 5:00 p.m. excluding Holidays. All payments shall be made payable to CA YO HUESO PARKING, INC. and mailed dirCClly to 1408 Olivia Strcct, Key West, FI 33040. 6. Lessee shall not make any additions, improvements, repairs, or alterations to the leased premises. 7. USE OF PR~MISES: TIle premises descJ)bed in paragraph #1 above shall be actively used for parking services from Monday Ulfough Friday, 8:00 a.m. tllfough 5:00 p.m. excluding Holidays. Lessee shall at all times be responsible for assuring Utat tlle parking services docs not create a nuisance or become used for any illegal or immoral purposes, including allowing any alcoholic beverages or unlawful narcotics to be possessed, used or consumed by persons on the premises. 8. MODIFICATIONS AND AMENDMENTS: fulY and all modifications to tlllS agreement or to any of the services provided shall require an amendment to Uus agrccment to be approved in writing by both parties hereto. 9. NO ASSIG~NT: Lessee shall not assign tllis agreement or sublease the premises. 10 AUTHORIZED SIGNATORY: The signatory for lessor. below. certifies and warranls Ihal (a) Lessor's namc 1111111.'; agrccment is Its full nallle as designaled in its co'l)oratc char1cr. or Ihc full name under which IcssOI is authorized 10 do business in Ihe Slate of Florida. (b) He or she is empowered to act and contr<lct for the lessor. (c) TIlis agreement sltall be approved by the Board of Directors of lessor, if lessor is a corporation. (d) Cars parked atlcssee 's risk. Lessor will not be responsible for fire, lheft, OI damage 10 vehicles. Lessor and his agenls shall nol be liable for any d;uu;lge or injury to Lessee occurring on the prcmiscs, or any part lhereof, or in common areas Ihereof, if any, and Lessee agrees 10 hold Lessor and/or his agell\s harmless from I UlmprenenslVC 1nsurance of $2.000.00.00 ~~te coverage Is carried by'~ ~:;Y;lf#.J;i0:''!~~iif~~~~r' \, ~ ' .:: .,: :.:';5'~W'~... ',;"":,:?;.' ':; ;.:'; ',:. .... ".~.,\,~t{s;..;,;~,:;."-:;':;)::. 11. Any notice required or pcmiitted UDder thiS agrccmertt sbaI1 be in writing and haDd~e1ivcrcd or mailed, postage PIc~' .,' .,. paid, by certified mai~ return receipt requested, to the other party as follows: !. . ' FOR LESSEE Monroe County Public Works Facilities Maintenance DcpL 3583 S. Roosevelt Blvd. Key West, Florida 33040 12. CONSENT TO JURISDICTION: This agreement shall be construed by and governed under the laws of the State of Florida and venue for any action arising under this agreement sball be in Monroe County, Florida. FOR LESSOR Cayo Hueso Parking, Inc. 1408 Olivia Street Key W cst. FL 33040 REOF, the parties hereto have set their hands and seals on the , 2001. ;? I ,at- day of _ BOARD OF COUNTY COMMISSIONERS OF ONROE COUNTY, FLORIDA ~cj- CAYO HUESO PARKING.INC~ By -SfpJA U~ TITLE:_?ld7(~ tt