Item C10
BOARD OF COUNTY COMMISSIONERS
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AGENDA ITEM SUMMARY
Meeting Date: October 17. 18. 2001
Division:
Public Works
Bulk: Item: Yes X
No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval to renew Lease Agreement with Indian Waterways Village
Limited Liability Partnership for office space for the Upper Keys Public Defender.
ITEM BACKGROUND: On January 31, 2002, the lease for office space for the Upper Keys Public
Defender will expire. The Agreement may be renewed in accordance with Article IV of the original
Agreement dated December 10, 1997. . J'
PREVIOUS REVELANT BOCC ACTION: On December 10, 1997 the BOCC entered into a
agreement with Indian Waterways Village Limited Liability Partnership to lease office space for the
Public Defender located at 89240 Overseas Highway in Tavernier. On January 19, 2000, the BOCC
approved to exercise the first of two options to renew the lease for a two year period.
CONTRACT/AGREEMENT CHANGES: Increase rent from $1,488.37 to $1,562.78 per month,
and renew contract commencing February 1, 2002, and terminating January 31, 2004.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:
$1.562.78 per month
BUDGETED: Yes ~ No
Account #001 69800-530-440
COST TO COUNTY: $1.562.78 per month
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY:
OMB/Purchasing _ Risk Management _
ITEM PREPARED BY: U
W. King, Acting Sr. Dire r, Lower Keys Operations
DIVISION DIRECTOR APPROVAL: (~{;J~ ?C/lv/Cl/
Dent Pierce, Director of Public Works
DOCUMENTATION:
Included
X
To Follow Not Required_
AGENDAITEM# /-~/t:)
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RECEI\t ):;.;04
CONTRACT SUMMARY .2 , lOm I
h
Contract WI'tho. BY~ __ Ii
Indian Waterways, (LLP) Contract # -==- .~"""'" _",n 0'''::'
Effective Date: 02/01/02
Expiration Date: 0 1/31/04
Contract Purpose/Description:
Renew lease for office s ace for the U
Contract Manager:
Ann Mytnik
(Name)
4431
(Ext.)
Facilities Maint.lSto #4
(Department/Stop #)
/
for BOCC meetin on
10/17/01
A enda Deadline: 10/03/01
CONTRACT COSTS
Total Dollar Value of Contract: $ 18,753.36 Current Year Portion: $
per year
No 0 Account Codes: 001-69800-530-440-
It
12,502.24
Budgeted? Y es~
Grant: $ N/ A
County Match: $ N/ A
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For: ,
(Not included in dollar value above) (e~. maintenance, utilities, janitorial, salaries. etc.)
CONTRACT REVIEW
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Risk Management q \ Z~f of YesD Noif Ct I W ~ \L~cf'l"I..
O,MRlPurchasing "I~IClYesDNoIT' ~ ~
County Attorney 9/'Y1/ YesD NO~~
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Changes
Date In Needed
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O-IO(
Division Director
RENEWAL AGREEMENT
(Office Space for the Public Defender - Upper Keys)
This renewal of lease agreement is made and entered into this _ day of
2001, between INDIAN WATERWAYS VILLAGE LIMITED LIABILITY PARTNERSHIP
(LLP), hereinafter called the Lessor, and the BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, hereinafter called the Lessee, in order to renew the certain
lease agreement dated December 10, 1997, and renewed January 19, 2000, (both' of which are
attached hereto by reference) as follows:
1. In accordance with Section IV of the original Lease Agreement dated December 10,
1997, the Agreement shall be renewed for the final two year period; commencing
February 1, 2002, and terminating January 31, 2004, at the rental rate of $1,562.78 per
month.
2. In all other respects, the original Lease Agreement dated December 10, 1997, remains in
full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and se~l, 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
Mayor/Chairman
LESSOR:
By:
Witness
Title:
Witness
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Renewal of Lease Agreement
(Office space in the Upper Keys for Public Defender)
- Thi~Wal of lease ogreernent is rnode and entered into this 2~"'day of
\JA.;J J , 2000, between INDIAN WATERWAYS VILLAGE LIMITED
LIABILITY PARTNERSHIP (LLP), hereinafter Lessor, and the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter Lessee,. in order to
renew that certain lease agreement dated December 10, 1997, as follows:
1. In accordance with Section IV (Renewal), the :Iease agreement is renewed for an
additional two (2) years, from February 1, 2000, up to and including January 31, ?.002
at the rental rate of $1,488.37 per month.
2. In all other respects, the original lease agreement between the parties dated
December 10, 1997, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands a.nd seal, the
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day and year first written above.
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Witness
LESSOR:
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By: ij~ ~.
Title: it.( ~ .
(S~O,I)
Atte~t: DA-~NY L. KOLHAGE, CLERK
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By cS'~-F~
, MaYOr/Chairrn~ 17.
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LEASE AGREEMENT
Statc of Florida
County of Monroc
This Lcasc Agrccmcnt cntcrcd into this 10th day of Dcccmbcr, 1997, bctwccn Indian
Watcrways Villagc Limitcd Liability Partncrship (LLP), party of thc first part, hcrcinafter called
thc Lessor, and thc BOARD OF eOUNTY eOMMISSIONERS OF MONROE COUNTY,
FLORIDA, party of the second part, hcrcinafter called the Lessee.
WITNESSETH:
That the Lessor, for and in consideration of the covenants and agrcements herei9after I
mentioned to be kept and perfornlcd by the Lessee, has demised and leased to the Lessee, for the ,J'
term and undcr the conditions hcreinaftcr sct out, thosc certain premiscs in Tavcrnier, County of
Monroe, Florida, described as follows:
I. LEASE LOCATION:
Suites No.2 & 3, Indian Watcrways Villagc, 89240 Ovcrscas Highway, Tavcrnicr
II.
TERM:
.:
To have and to hold thc above-dcscribcd premiscs for a tcrnl of two ycars commcncing on
Fcbruary I, 1998, up to and including January 31,2000.
III. RENTALS:
Thc Lcssor hcrcby leases to the Lcssee 1400 square feet consisting of Suites No.2 & 3, and thc
Lessce hcrcby leases from the Lessor the above-described prcmiscs for the ternl set out in this
Lease and the Lcssee hereby agrecs to pay the Lessor in the following manner:
(I) FIRST YEAR (Fcbruary t, 1998, up to and including January 31, 1999) - thc sum of Onc
Thousand ll1fce Hundred Fifty Dollars ($1,350.00) per month.
(2) SECOND YEAR (February I, 1999, up to and including January 31,2000) _ the sum of
One Thousand Four Hundred Seventeen Dollars and Fifty eents ($1,417.50) pcr month.
(3) Rent shall be due and payable on or before the last day of each month beginning with the
first full month of occupancy. Rental shall be paid at the office of PDP Enterprises, Inc., Suite 12,
89240 Overseas Highway, Tavernier, Florida, or at such other place and to such other person, as
the lessor may from time to time designate in writing.
IV. RENEWAL:
This agrccmcnt may bc rencwcd, at thc option of thc Lessee, for two (2) additional two (2) ycar
pcriods, for the following separate and consecutivc tcnns and at the following monthly rcntals:
RENEW AL OPTION # OF YEARS # OF MONTHS MONTHLY RENTAL
I 2 24 $1,488.37
2 2 24 $1,562.78
111is option shall bc exccuted only upon approval of the Board of County eonmlissioners.
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V. HEATING. AIR eONDlTIONING. AND JANITORIAL SERVleES
(I) Air conditioncr filtcrs to bc c1eancd or rcplaced as nccded by thc Lcsscc, at thc cxpcnsc of
thc Lesscc. Lcssor is to rcpair and maintain air conditioncr cquipmcnt opcrating normally, at
thc cxpcnsc of thc Lcssor. '
(2) Thc Lesscc agrccs to furnish janitorial scrviccs and all ncccssary janitorial supplies for the
leased premiscs during thc tcrm of thc Lcase at thc cxpcnsc of thc Lesscc.
VI. LIGHT FIXTURES:
The Lessce agrccs to rcplacc fluorcsccnt lamp tubcs as rcquired at thc expcnsc ofth..c Lesscc.
I
Lessor shall maintain all light fixturcs in good working condition, and will rcplacc same as deemed
necessary .
VII. MAINTENANCE AND REPAIRS:
(I) Lessee hercby acccpts thc prcmiscs in thc condition thcy are in at thc bcginning of this
Icasc and agrccs to maintain said prcmiscs in thc samc condition, ordcr and rcpair as they
arc at the commcncemcnt of said tcnn, cxccpting only reasonablc wcar and tear"arising
from thc usc thercof undcr this agrccmcnt, and to makc good to said Icssor immediately
upon dcmand, any damage to water apparatus, or electric lights or any fixture, applianccs
or appurtcnanccs of said prcmiscs, or of thc building, causcd by any act or ncglcct of
lesscc, or of any pcrson or pcrsons in the cmploy or undcr the control of thc lessce.
(2) Thc lessor hcrcin exprcssly agrces to maintain the subject premiscs in full compliancc with
applicablc safety codes and standards. Further, the lessor shall bc liabIc for any cost or
cxpenditurc associatcd \\lith said compliance.
VIII. UTILITIES:
The Lcssee will promptly pay all ,vatcr, powcr, and clectric light ratcs or chargcs which may
becomc payable during thc tcrm of this Leasc for thc watcr, powcr, and c1cctricity used by the
Lcsscc on thc prcmiscs.
IX. ALTERATIONS:
(I) Thc LCsscc shall havc thc right to makc any alterations to thc dcmiscd prcmises during thc
tcrm of this Lcasc upon first having obtaincd thc writtcn conscnt thcreto of the Lessor.
Thc Lessor shall not capriciously withhold the consent to any such altcrations.
(2) It is hereby undcrstood and agreed that any signs or advcrtising to be uscd, including
awnings, in conncction with the prcmiscs leascd hcrcundcr, shall be first submittcd to thc
lessor for approval bcfore installation of samc.
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x. PARKING:
The Lessor agrees to furnish an adcquate number of parking spaces for the Lessee and his clients.
XI. INJURY OR DAMAGE TO PROPERTY ON PREMISES:
All personal property and fixtures of the Lessee that may be on the premises during the
continuance of this Lease shall be at the sole risk of the Lessee, and except for any negligence of
the Lessor, the Lessor shall not be liable to the Lessee or any other person for any injury, loss, or
damage to personal property and fixtures of the Lessee.
XII. FIRE AND OTHER HAZARDS:
I
( 1) In the event that the demised premises, or the major part thereof are destroyed by fire, ,J'
lightening, stonn, 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,
then the rental shall abate to the extent that the injured or damaged part bears to tlle whole
of such premises and such injury or damage shall be' restored by the Lessor as ~eedily as
is practicable and upon the completion of sllch repairs, the full rental shall conunence and
the Lease shall then continlle the balance of the term.
(2) 111e Lessor shall provide for fire protection during the term of this Lease in accordance
with the firc safety standards of the State and/or Monroe County Fire Marshal. 111e
Lcssor shall bc rcsponsible for maintenance and repair of all firc protection equipment
nccessary to conform to thc rcquirements of the Statc and/or eOllnty Fire Marshal. 111e
Lessor agrees that the dcmised premises shall be available for inspection by the State
and/or COllnty Fire Marshal, prior to occupancy by the Lessee, and at any re~onable time
thereafter.
XIII. EXPIRATION OF TERM:
At the expiration of the teml, the Lessee will peaceably yield up to the Lessor the demised premises
in good and tcnantable 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 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.
XIV. SUBLETTING AND ASSIGNMENT:
The Lessee upon the obtaining of the written conscnt 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.
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XV. NOT CONSENT TO SUE:
The provisions. terms. or conditions of this Lease shall not be construed as a consent of Monroe
eounty to bc sucd because of said lcaschold.
XVI. WAIVER OF DEFAULTS:
Thc waivcr by thc Lessor of any brcaeh of this Lcasc by thc Lessec shall not bc eonstru<;:d as a
waivcr of any subsequcnt brcach of any duty or covcnant imposcd by this Lcasc.
XVII. RIGHT OF LESSOR TO INSPEeT:
Thc Lcssor, at all rcasonablc timcs during rcgular busincss hours, may cntcr into a~d ul;on th~ ,J'
dcmiscd prcmiscs for thc purposc of vicwing thc samc and for thc purposc of making any such
rcpairs as thcy arc rcquircd to makc undcr thc tcrms of this Lcase. Rcpairs shall bc limitcd to non-
busincss hours unlcss an cmcrgcncy situation cxists.
XVIII. BREAeH OF COVENANT:
If thc Lcssce shall ncglcct or fail to pcrfoml or obscrvc any covenant hcrcin containcd, ~'hich on
thc Lessec's part is to be pcrformed and such dcfault shall continue for a pcriod of thirty days aftcr
rcceipt of written notice thereof from the Lessor to the Lesscc, then the Lcssor lav./fully may,
inunediatcly or any time thcrcafter, and without further noticc or demand, cnter into and upon the
demised premises, or any part thereof and repossess the same as of their former estatc and cxpel
thc Lcssec and remove its effects forcefully, if necessary, without being taken or deemcd to be
guilty of any manner oftrcspass and thercupon this demise shall terminate but without pr~iudiee to
any remedy which might othef\\iisc bc used by the Lessor for arrears of rcnt or for any breach of
thc Lcsscc's covcnants hcrcin containcd. .
XIX. AeKNOWLEDGEMENT OR ASSIGNMENT:
The Lesscc upon the requcst of th~ Lcssor shall cxccutc such acknowledgcmcnt or
acknowledgmcnts, or any assignmcnt, or assignmcnts, of rcntals and profits made by the Lcssor to
any third pcrson, fion or corporation, providcd that thc Lessor will not make such request unlcss '
requircd to do so by the Mortgage undcr a mortgagc or mortgagcs, cxccuted by the Lessor.
XX. A V AILA8ILITY OF FUNDS:
1llC obligations of thc Lcsscc undcr this Lcase Agrcement arc subjcct to thc availability of funds
lawfully appropriatcd annually for its purposcs, by the Monroc County Board of County
Com 111 issioncrs.
XXI. USE OF PREMISES:
The Lesscc will not make or suffcr any unlawful, impropcr or offcnsivc usc of the prcmiscs or any,
usc of occupancy thcreof contrary to the Laws of thc Statc of Florida or to such Ordinanccs of
Monroc County now in effcct or hereinafter adopted, as may bc applicable to the Lessce.
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XXII. NOTICES:
All noticcs rcquircd to bc scrvcd upon thc Lessor shall bc scrvcd by ccrtificd mail, rcturn receipt
rcquestcd, at thc officc of PDP Enterpriscs, Inc., Suitc 12, 89240 Ovcrscas Highway, Tavernier,
Florida, 33070, and all noticcs rcquired to bc served upon thc Lcssce shall be scrvcd by certificd
mail, rcturn rcccipt rcqucstcd; at thc Officc of Facilitiqs Maintcnancc Dcpartmcnt, Monroe County
Public Works, 3583 S. Rooscvelt Boulcvard, Kcy Wcst, Florida, 33040.
XXIII. RADON GAS NOTIFICATION:
Radon is a naturally occurring gas that, whcn it has accumulatcd in a building in sufficient
quanti tics, may prcsent hcalth risks to pcrsons who arc exposed to it ovcr timc. Levels of radon
that excccd fcdcral and statc guidelincs havc bccn found in buildings. Additional inforntation
rcgarding radon and radon tcsting may bc obtained from your county public hcalth unit. .1 ,.I'
XXIV. RESTRICTIONS
(I) Pcrsonal and customcr/elicnt vchiclcs shall be parked in the pcrimcter parking spaces only.
Washing or clcaning ofvchiclcs on propcrty is prohibitcd.
(2) Ground floor slab undcrncath officc shall not bc uscd for any purposc whatsocv.rr.
(3) All trash shall bc placcd in plastic bags and propcrly scalcd prior to disposal in trash
rcceptaclcs locatcd ncar sanitation plant.
XXV. LEASE TERMINATION
(I) This lcasc may bc tcrminatcd by thc Lesscc upon writtcn sixty (60) days noticc to thc
Lcssor that thc Lcsscc has obtaincd adcquate officc spacc in a govcrnmcntal building.
(2) This agrccmcnt may be tcrminatcd without pcnalty by cithcr thc lessor or lcssce upon
providing a six (6) month writtcn noticc mailed or delivcrcd to thc othcr party, and/or in
the cvcnt that funds from, thc budgct of Monroc County arc partially rcduced or cannot be
obtained or cannot bc continucd at Ievcl sufficicnt to allow for thc rcntal of property
spccified hcrcin, this agrccmcnt may thcn bc tcrminated immcdiately at the option of the
Board by writtcn noticc of tcrmination dclivcrcd in pcrson or by mail to the lessor. The
Board shall not bc obligatcd to pay for any rcntal provided by thc lessor after thc lessor
has rcccived writtcn noticc oftennination.
XXVI. AMERIeAN WITH DISABILITIES AeT:
The lessor hcrcin cxprcssly agrccs to m:J.intain thc subjcct prcmiscs in full compliance with the
American Disabilitics Act. Further, the lessor shall bc liable for any cost or cxpcnditure associatcd
with said compliancc., Howcver, in the cvent thc total cost or costs associatcd with said compliance
rcaches $5,000.00 during thc term of this agrccment, thc Icssor shall have the option oftenninating
this agrccmcnt as provided in Articlc XXV(2) above. Further, during thc six (6) month notice
pcriod providcd in Article XXV(2), the lessor shall not bc liablc for any costs of said compliance
abovc $5,000.00. Lcssec assumes responsibility for cxisting and futurc ADA compliance for
intcrior altcrations to thc dcmiscd prcmiscs.
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XXVII. ETHIeS eLAUSE:
Lessor warrants that it has not cmploycd, rctaincd or otherwisc had act on its bchalf any fonner
County officcr or cmployec subjcct to thc prohibition of Scction 2 of Ordinance No. 010-1990 or
any County officcr or cmployee in violation of Scction 3 of ordinance No. 020-1990. For brcach
or violation of this provision thc lessee may, in its discretion, deduct from thc contract or purchase
price, or othcrvvisc rccovcr the full amount of any fce, conunission, pcrcentage, gift, or
consideration paid to the fomlcr County officcr or employee.
XXVIII.
PUBLIC ENTITY CRIME:
A person or affiliate who has becn placed on thc convicted vendor list following a conviption (or
public entity crime may not submit a bid on a contract to provide goods or serviccs to a public ,J'
entity, may not submit a bid on a contract with a public cntity for construction or rcpair of a'publie
building or public work, may not submit bids on leases of real property to public cntity, may not be
awarded or pcrfoml work as a contractor, supplier, subcontractor, or consultant under a contract
with any public cntity, and may not transact busincss with any public entity in exccss of the
threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a pcriod of36
months from thc datc of being placed on the convictcd vendor list.
(CATEGORY TWO: $10,000.00)
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XXIX. INSURANCE
Lcssec shall sccure liability insurance, minimum coveragc $300,000.00, and namc Indian
Watcl\\'ays Village Limitcd Liability Partnership (LLP) as co-insured along with platc glass
window coverage. Proof of policies is rcquired. If Lessec is a public cntity, Lesscc may substitute
a self-insurancc program up to limits of and underTf1c tcnns and conditions ofFS768.28. Proofof
an estabhshed self-msurancc programl1lusl be prOVIded to Indian Watcrways Villagc himited
Liability Partnership (LLP).
XXx. DEFINITION OF TERMS:
(l) TI1C temlS "lease", "lease agreemcnt", or "agreemcnt" shall be inclusivc of cach othcr and
shall also include any rencwals, cxtcnsions or modifications of this Leasc.
(2) The term "Lessor" and "Lessec" shall includc thc successors and assigns for the parties
hcrcto.
(3) The singular shall include the plural and the plural shall includc thc singular whcnevcr the
contcxt so requires or pcrmits.
XXXI. ADDITIONAL eONDlTIONS:
No additional covcnants or conditions fonn a part of this Lease.
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IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for
the purpose herein expressed, the day and year above writtcn. '
ORIGINAL SIGNATURES REQUIRED ON ALL COPIES.
Signed, Scaled and Delivered
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WItnesses '
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Witness a
. BOARD OF COUNTY COMMISSIONERS
MONR OUNTY FLORIDA
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Clerk
LESSOr1 L
By: f}ffl V. f{5~_
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APPROVED AS TO FORM AND
LEGALITY:
GENERAL COUNSEL
MONROE eOUNTY, FLORIDA
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County mey
12.-'2-'9;;-
Approval Date
7