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Item N2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 12/18/02 Division: Judicial Bulk Item: Yes No x Department: Guardian ad Litem AGENDA ITEM WORDING: Approval to re-enter into a lease with Irwin B. Morse, M.D., d/b/a Town Square Mall, for 450 feet of office space, for Guardian ad Litem Program, starting Janumy 1,2003. The rent is increased by the CPI-U for the most recent twelve months available (2.0%). ITEM BACKGROUND: The Court continues to need the space in the Middle Keys to ensure maximum service availability to all areas of the County. PREVIOUS REVELANT BOCC ACTION: The BOCC approved the original lease in December, 2000, which included an option to renew the lease for two one year periods. The lease was renewed on November 20, 2001. CONTRACT/AGREEMENT CHANGES: There are two changes from the original lease: 1. The tern of the lease will now be Janumy 1, 2003, to December 31, 2003. 2. The annual rent is increased by the CPI-U for the most twelve recent months available (2.0%), from $7,387.20 annually to $7,534.94 annually, or from $615.60 per month to 0/0627.91 per month. STAFF RECOMMENDATIONS: None TOTAL COST: $7.534.94 BUDGETED: Yes --L No COST TO COUNTY: $7.534.94 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty ** OMB/Purchasing ~ Risk Management ** **See Contract Summary ~ 0 ~ ~ ~fl6./~ ~~rfi~~ TYPE NAME HERE To Follow Not Required DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X DISPOSITION: AGENDA ITEM # /t/ ~ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Town Square Mall Contract # Effective Date: 01/01/03 Expiration Date: 12/31/03 Contract Purpose/Description: To renew lease for office space for Court Administration Contract Manager: Ann Mytnik 4549 Facilities Maint/Stop #4 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 12/18/02 Agenda Deadline: 12/02/02 CONTRACT COSTS Total Dollar Value of Contract: $ 7,534.94 Current Year Portion: $ 5,651.19 Budgeted? Yes[8J No 0 Account Codes: IdS,. ~t)e..S3I'Ih_::!K.l)3a- ~Wt) Grant: $ N/A _-_-_-_- County Match: $ N/A _-_-_-_ - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (e~_ maintenance, utilities, janitorial, salaries, etc~) CONTRACT REVIEW Changes Date Out Date In Needed / 'D' I ~Re~~~ Division Director I ~ 4 ( 0 ~ YesO NoG1l . . 'Vol <lfl. - IJ;, RiskManagement la-Vl-al-YesONo0' '60)-~ O.M.B/Purchasing I z{1.-ID<-veso NoD ~.' () County Attorney 1;;..14/02- YesD NO~ - Comments: J7l/!;.~-IWLtCJJ>>L!L ~~~ VONE'~ lO[IG{V'1-Vgvu -- --=-r.D. ~ OMB Form Revised 2/27/01 MCP #2 RENEWAL AGREEMENT (Office Space for Court Administration - Town Square Mall, Marathon) This renewal of lease agreement is made and entered into this 18th day of December, 2002, between IRWIN S. MORSE, M.D. d/b/a TOWN SQUARE MALL 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 13, 2000, and renewed on November 20th 2001 (copies of which are attached hereto by reference) as follows: 1. In accordance with Section IV of the original Lease Agreement dated December 13, 2000, the Agreement shall be renewed for the final of two one year options, commencing Januaryl, 2003, and terminating December 31,2003. 2. In accordance with the third sentence of Section II of the original Lease Agreement, rent shall be increased by the CPI-U for the most recent twelve months available (2.0%), from $7,387.20 annually to $7,534.94 annually, or from $615.60 per month to $627.91 per month. 3. In all other respects, the original Lease Agreement dated December 13, 2000, and as renewed on November 20,2001, 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: Deputy Clerk ayor/Chairman NNE A. HUTTON DATE {~'1/0 '"2- .. ESSOR: By: Witness Title: Witness RENEWAL AGRlmMENT (Office Space for Court Administration - Town Square Mall Marathon) Thi~ renewal of lease agreement is made and entered into this 20111 day of November. 2001, between IRWIN S. MORSE,. MD. d/b/a TOWN SQUARE MALL hereinafter called the Lessor. and the BOARD OF COUN1Y COMMISSIONERs OF MONROE COUNTy, FLORIDA, hereinafter caned the Lessee, in order to renew the certain lease agreGment dated December 13.2000. (a copy ofwbich is attamed hereto by re.fere.oce) as follows: 1. In accordance with Section IV of the original Lease Agreement dated December 13, 2000. the Agreement shall be renewed for the first of two one year options commencing January), 200~ and terminatingDec:ember 31,2002. 2. In accordance with the third sentence of Section n of the original Lease Agreem~ rent shall be increased by the CPI-U for the most recent twelve months available (2.6%), from $7,200.00 annually to $7,381.20 anouaJly, or from $600.00 per month to 5615.60 per month. In aU other respects, the original Lease Agreement dated December 13. 2000. remains in fUll rorce and effect. ~c~o-;-~" Ilc (~~~, '~~m~':~~{:s~ ~~S WHEREOF, the parties have hereunto set their bands and seal, the day and I ,"" c.'; ~~ above. ~ r_(l) "\. ., 'j.c, . I O ,.~::!-!......... ~,-;:,~' ~I: ~ . ';~~:;. " :;.,' '. ....;~.: . it' fCA. \.... __" 4 _~-, '"';. I .",1 " - "" "," .....,/. . . /...~ ~~.. ;~ ':'''''''.- ~:=- ;:.~ L. KOLHAGB, CLERK 3. By, G--e~ nepmy Clerk BOARD OF COUNrY COMMISSIONERS OF MONROE COUNfY. FLORIDA By ~ Mayor(;tm8l1 :SOR'L 1- h ~xz{IAo' ~ Title: " LEASE AGRl:EMENT State of FlorIda County of Monroe This Lease Agreement entered into this ~ day of j)P( f,mIY J~ 20m by and between IRWIN S. MORSE, M.D. d/b/a TOWN SQUARE MALL, party of the first part hereinafter called the lessor and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, party of the second part hereinafter called the lessee. WITNESSETH That the lessor for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by the lessee has demised and leased to the lessee for the tenn and under the conditions hereinafter set out those certain premises in Marathon, County of Monroe, Florida described as follows: L LEASE LOCATION Town Square Mall Unit #104, Marathon, Florida which shall constitute an aggregate area of 450 square feet of net rentable space at the rate of$16.00 per square foot per year, $600.00 per month, $7,200 per year. II. RENTALS TIle lessor hereby leases to the lessee 450 square feet and the lessee hereby leases from the lessor the above described premises for the term set out in this lease. Lessee hereby agrees to pay the lessor the sum of seven thousand two hundred dollars and no cents ($7,200.00) annually, six hundred dollars and no cents ($600.00) per month. The lease amount agreed to herein 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 twelve months available. hlcreases in the contract amount during each option year period shall be extended into the succeeding years. Rent shall be due and payable on or before the last day of each month, in arrears. The rental shall be paid to the lessor and mailed to Irwin S. Morse, M.D. d/b/a Town Square Mall, 151 S.E. ] 5 Road, Floor Ten, Miami, FL 33 ]29, prior to the last day of the month. Ill. TERM To have and to hold the above described premises for a term of one (l) year commencing on January I, 2001- upto and including December 3], 200 I. IV RENEWAL 111is agreement may be renewed at the option of the lessee for two (2) additional one (]) year period lllis option shall be executed only upon approval of the Board of County Commissioners V. AIR CONDITIONING AND JANITORJ...\L SERVICES I. TIle lessor agrees to furnish to the lessee air conditioning equipment to be used during normal business hours, and shall ensure tllat same is operational and functional during tlle time oftllis lease TIle lessor herein expressly agrees to be responsible for all costs associated Witll maintenance and operation of the air conditioning system, including all electrical, mechanical components, coils, condensers and refrigerants. 2. The lessee shall provide janitorial services and all necessary janitorial supplies for the leased premises during the term of the lease at the expense of the lessee. VI. MAINTENANCE AND REPAIRS I. TIle lessee shall provide for interior maintenance and repairs in accordance with generally accepted good practices, includmg repainting, the replacement ofwom or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage The lessee shall during the term of the lease keep the interior of the demised premises in as good a state of repair as it is at the time of the commencement of this lease reasonable wear and tear and unavoidable casualties excepted. 2. The lessor shall maintain and keep in repair the exterior of the demised premises during the term of this Lease and shall be responsible for the replacement of all windows broken or damaged in the demised premises, except such breakage of damage caused to the exterior of the demised premises by the lessee, its officers, agents or employees. 3. The lessor shall maintain the exterior of the demised premises so as to conform to all applicable health and safety laws, ordinances and codes which are presently in effect and which may subsequently be enacted during the term of this lease and any renewal periods. 4. The lessor shall provide appropriate entranceways to the structure to accommodate space allocation for government entities occupying the space, inclusive of ingress and egress, at the expense of the lessor. VII UTILITIES TIle lessor shall be fully responsible to provide and pay all utilities including solid waste, sewer, water and electricity charges which may become payable during the term of the lease for solid waste disposal, sewer disposal, water and electricity used by the lessee on the premises. VfIJ AL TERA TIONS TIle lessee shallJlave the right to make any alterations to the demised premises during the term of the lease Upon first having obtained the written consent of the lessor. The lessor shall not capriciously withhold the consent to any such alterations. IX INJURY OR DAMAGE TO PROPERTY ON PREMISES All property of any kind that may be on tJle premises during the continuance OftJlis lease shall be at the sole risk of the lessee and except for any negGgence of the lessor, the lessor shall not be liable to the lessee or any other person for any injury, loss or damage to property or to any person on the premises. X FIRE AND OTHER HAZARDS I. In the event that the demised premises or the major part thereof are destroyed by fire, 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 the whole of such premises and such injury or damage shall be restored by the lessor as speedily as is practicable and upon the completion of such repairs, the full rental sha1l then continue the balance of the tenn. 2, The lessor shall provide for fire protection during the ternl of this lease in accordance with the fire safety standards of the State and/or Monroe County Fire Marshal. The lessor sha1l be responsible for maintenance and repair of all fire protection equipment necessary to confonn to the requirements of the State and/or Monroe County Fire Marshal. The lessor agrees that the demised premises shall be available for inspection by the State and/or County Fire Marshal, prior to OCCupancy by the lessee, and at any reasonable time thereafter. XI EXPIRA nON OF TERM At the expiration of the term, the lessee wi1l peaceable yield up to the lessor the demised premises in good and tenantable repair. It is understood and agreed between the parties that the lessee sha1l have the right to remove from the premises all personal property of the lessee and a1l fixtures, machinery, equipment, appurtenances and appliances placed or installed on the premises by it, provided tlle lessee restores the premises to as good a state of repair as they were prior to the removal. XII SUBLEITING AND ASSIGNMENT The lessee upon the obtaining of the written consent of the lessor, which 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. XIII NOT CONSENT TO SUE TIle provisions, tenns, or conditions Oftllis lease shall not be construed as a consent of Monroe County to be sued because of said leasehold. XIV WAIVER OF DEFAULTS TIle waiver by tlle lessor of any breach oftllis lease by the lessee shall not be construed as a waiver of any subsequent breach of any duty or COvenant ~;nposed by this lease. xv RIGHT OF LESSOR TO INSPECT TIle lessor at all reasonable times during regular business hours may enter into and upon the demised premises for the purpose of viewing the same and for the purpose of making any such repairs as they are required to make under the terms of this lease. Repairs shall be limited to non- business hours unless an emergency situation exists. XVI BREACH OF COVENANT If the lessee shall neglect or fail to perform or observe any covenant herein contained, which on the lessee's part is to be perfornled and such default shall continue for a period of thirty days after receipt of written notice thereof from the lessor to the lessee then tlle lessor lawfully may, immediately or any time thereafter, and without further notice or demand enter into and upon the demised premises or any part thereofand repossess the same as of their former estate and expel the lessee and remove its effects forcefully if necessary, without being taken or deemed to be guilty of any maImer oftrespass and thereupon the demise shall terminate but without prejudice to any remedy which might otherwise be used by the lessor for arrears of rent or for any breach of the lessee's COvenants herein contained. XVII ACKNOWLEDGEMENT OR ASSIGNMENT The lessee upon the request of tlle lessor shall execute such acknowledgement or acknowledgments or any assignment or assignments of rentals and profits made by the lessor to any third person, firm or corporation, provided that the lessor will not make such request unless required to do so by the Mortgage under a mortgage or mortgages, executed by the lessor XVIII A V AILABILITY OF FUNDS The obligations of the lessee under this lease agreement are subject to tlle availability of funds lawfully appropriated annually for its purposes by the Monroe County Board of County Commissioners. XIX USE OF PREMISES TIle lessee will not make or suffer any unlawful, improper or offensive use of the premises or any use of OCCupancy thereof contrary to the Laws of the State of Florida or to such Ordinances of Monroe County now in effect or hereafter adopted, as may be applicable to the lessee. XX INSURANCE TIle lessee shall procure and maintain at its expense and throughout the term of this lease the insurance or self-ensure for all claims that tlle lessee can be held liable for under Section 76828, Florida Statutes, and lip to tllC maximum amount set forth in tllat statute. Notwitllstanding anything to the contrary in tllis lease. Lessee waives all rights to recovery, claims or causes of action against the lessor and its, attorney-in-fact, agents, trustees, executors and persanal representatives on account af any loss of damage which may occur to the premises, the building, the property ar any improvements thereto or to any personal property of lessee to' the extent such loss or damage is caused by a peril which is required to be insured against by lessee under this lease, regardless afthe cause or origin (including negligence oflessor). Lessee covenants to' the lessor that to' the fullest extent permitted by law, no insurer of lessee shall hold any right of subrogation against lessor. Lessee covenants to lessor that all policies of insurance maintained by lessee respecting property damage shall permit such waiver of subrogation, and lessee agrees to advise all of its insurers of the waiver and provide lessor with written eVidence of such waiver. XXI NOTICES All notices required to be served upon tJle lessor shall be served by certified mail, return receipt requested to Irwin S. Marse, M.D., d/b/a Town Square MalI, ISI S.E. 15 Road, Floor 10, Miami, FL 33129, and all notices required to be served upon the lessee shall be served by certified mail, return receipt requested to the Division of Public Works, Facilities Maintenance Department, 3583 S Roosevelt Boulevard, Key West, FL 33040. XXII. RADON GAS NOTIFICATION Radon is a naturally occurring gas that when it has accumulated in a building in sufficient quantities, may present health risks to persons whO' are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings. Additional information regarding radon and radon testing may be abtained from your County Public Health Unit. XXIII LEASE TERMINATION TIlis lease may be terminated by the lessee upon written sixty (60) days notice to the lessor that the lessee has obtained adequate office space in a governmental building. XXIV ETHICS CLAUSE Lessor warrants tJlat it has not employed retained or otherwise had act on its behalf any farmer County officer or emplayee 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, deduct from the contract or purchase price or other wise recover the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee. XXV AMERICAN WITH DISABILITIES ACT TIle lessor herein expressly agrees to maIntain tJle subject premises in full compliance WitJl the American Disabilities Act. Further, the lessor shall be liable for any cost on expenditure assaciated with said campliance. TIle lessor shall be fully responsible to restore all rest room facilities to meet ADA requirements at tJIe expense oftJle lessor prior to' OCcupancies. ,. XXVI PUBLIC ENTITY CRIME .... ..... A person or affiliate who has been placcd on tJ1C convicted vendor list following a conviction for pubhc entity crime may not submit a bid on a contract WitJl a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to public cntity, may not be awarded or PCrfOllll work as a contractor, supplier, subcontractor, or consultant under a contract WltJ1 any public entity, and may not transact business with any public entity in excess oftJ1e threshold amount provided in Section 287.017 F.S. for Category Two fora period of 36 months from the date of being placed on the convicted vendor list.(Category Two $10,000.00). XXVII DEFINITION OF TERMS TIle terms "lease" "Ieasc agreemcnt" or "agreement" shall be IIlCltlSlvC of e;lch other and shall also include anv renew;lls. extenSions or modifications oftJlIs k~lSC 2 The lenn "lessor" and "lessee" shallmclude tJlC successors and assigns for the paniCS hereto 3. TIle singular shall include the plural and 111e plural shall include 111e singular whenever the context so requires or permits. XXVIII ADDITIONAL CONDITIONS No additional covenants or conditions form a part of this lease IN WITNESS WHEREOF the parties hereto have hereunto executed tJlis instrument for the purpose herem expressed the day and year above written ORIGINAL SIGNATURES REQUIRED ON ALL COPIES SIgned, Sealed and Delivered ~[Jpj~f..~~__... /~>>dkx,..__ LESSOR BY~ . .~L ~~. J Title:_~_____ ~__m o BOARD OF COUNTY COMMISSIONERS 0.< ~~~::~UN;. FLK1~~-: ~r " .fl . . .'( -- "'c- I .,~\J '<:~~;~.::~</' (....J '._..... . (,.~ --'7c-~~f",;, and le~y Gene..' Coun<e1 of Momoe Counly. !'lund, .. .- ~0.. ____. '/ .f/'