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Item C08 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21. 22. 2003 Division: Public Works Bulk Item: Yes --X- No Department: Facilities Maintenance ::fL · AGENDA ITEM WORDING: Approval to renew and amend the Lease Agreement with F. James Chaplin, DIB/ A Island Marina, Inc. for office space in Marathon for the State Attorney and Public Defender. ITEM BACKGROUND: On June 30, 2003 the current Lease Agreement with F. James Chaplin to lease 3600 square feet of office space for the State Attorney and Public Defender will expire. The Lessee wishes to renew the Lease for an additional two-year period. PREVIOUS RELEVANT BOCC ACTION: On June 10, 1998, the BOCC approved a Lease Agreement with James Chaplin for 3600 square feet of office space in Marathon for the State Attorney and Public Defender. On December 20, 1999 the BOCC approved an Amendment to the Lease Agreement correcting the term of the agreement, and to include water as part of the utilities the Lessees are responsibility to pay. CONTRACT/AGREEMENT CHANGES: To change the name indicated on the lease from James Chaplin, Chaplin Real Estate, to F. James Chaplin, DIB/ A Island Marina, Inc. Revise renewal language to reflect two, two-year renewal options in lieu of one five-year option, thereby exercising the first renewal to commence July 1,2003 and expiring June 30,2005. Amend rent from $4,932.77 per month to $5,400.00 per mont~ STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $64.800.00 COST TO COUNTY: $64.800.00 BUDGETED: Yes -X- No SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X ." AMOUNTPERMONTH_ Year APPROVED BY: County Atty --X- OMB/Purchasing --X- Risk Management --X. DIVISION DIRECTOR APPROVAL: ~' Dent Pierce, Director Public Works DOCUMENTATION: Included X To Follow Not Required_ DISPOSITION: AGENDA ITEM # C g Revised 1/03 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: F. James Chaplin Contract # Effective Date: July 1, 2003 Expiration Date: June 30, 2005 . Contract Purpose/Description: To lease 3600 square feet of office space in Marathon for the State Attorney and Public Defender. Contract Manager: Ann Mytnik 4549 Facilities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on OS/21/03 Agenda Deadline: 05/07/03 CONTRACT COSTS Total Dollar Value of Contract: $ 64,800.00 Budgeted? Y es~ No D Account Codes: Grant: $ N/A County Match: $ N/ A Current Year Portion: $ 16,200.00 001-69600-530-440- 001-69800-530-440- - - - - ------ -- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: ot included in dollar value above e . maintenance utilities 'anitori salaries etc. CONTRACT REVIEW ~ Changes D/ate In Needed Division Director 5 ~/O.3 YesD Noll1 RiskManagement 1!Jtf!61 YesD No~ O.M.B./Purchasing '-it ~O?:NesD NO~ County Attorney tfl2---'llo3Y~'NO~ Date Out ... OMB Form Revised 2/27/01 MCP #2 April 2, 2003 Ann Mytnik Monroe County Facilities Mainterance Key West, Fl RE: Lease for office space in the City of Marathon for the State Attorney, and the Public Defender. Dear Ann Mytnik: In response to your letter of Aprill, 2003 regarding my reasons for thc increase of $467.23 per month (9.5%) in rent on the abOVE' building are as follows: 1. Property taxes for 2002 were $11,995.12 Property taxes for 2001 were $ 9,914.77 Increase of $ 2,080.35 or 21% Since the building occupied is valued at 50% of the property the increase is only 10.5% 2. Insurance on the property for 21)02 was $6,867.00 Insurance on the property for 21)01 Was $5,839.00 Increase of $1,028.00 or 18% Since the building occupied is valued at more than 50% of the property I only increase it 9%. Taking in consideration the abOVE and the fact that office space in the Marathon area is rented for the increased amount, I feel that this is in keeping with the cost of living. Sincerely,. ~_ (j)!:;haPlin .. Renewal of Lease Agreement (Office space in Marathon for State Attorney and Public Defender) This Renewal of Lease Agreement is made and entered into this 21 st day of May, 2003, between F. JAMES CHAPLIN D/B/A Island Marina, Inc. (Lessor) and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, (Lessee) in order to renew that certain lease agreement dated June 10, 1998, and as amended on December 20, 1999 (copies of which are attached hereto by reference) as follows: 1. The Lessor described as James Chaplin, Chaplin Real Estate included in the original Lease dated June 10, 1998 and as amended on December 20, 1999 shall be changed to F. James Chaplin, D/B/A Island Marina, Inc. 2. Article N, Renewal, of the original Lease Agreement dated June 10, 1998 shall be revised to reflect the option of the Lessee to renew the Lease for two additional two year periods, and shall be executed only upon approval of the Board of County Commissioners. Therefore, 3. In accordance to article N as revised, the Lessee wishes to exercise the option to renew this Lease for the first of two additional two year periods, commencing on July 1, 2003 and expiring on June 30, 2005. 4. Article II "Rentals" shall be amended to read as follows: The Lessor hereby leases to the Lessee 3,600 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 Sixty-Four Thousand Eight Hundred Dollars and No Cents ($64,800.00) annually ($5,400.00 per month). 5. In all other respects, the original Lease Agreement between the parties dated June 10, 1998, and as amended on December 20, 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. Witness LESSOR: F. James Chaplin D/B/A Island Marina, Inc. Witness n,:. Title: (Seal) Attest: DANNY L. KOLHAGE, CLERK By BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk Mayor/Chairman .' Amendment to,. . . ....seAgreement' "';>".,r,'>};;t,' (Office space in Marathon for State1ttorney and Public'befen~er) ~ amendtnent to lease agreement is made and entered into thiS;;7) lL,oo, -.. ay. "?o.','"f~ --1). u~ , . 1999, between J AMES CHAPLIN, CHAPLIN REAL'.~SIAIEi- ' ',1 (Lessor) and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, (Lessee) in order to amend that certain lease agreement dated .June 10, 1998, as follows: 'l 1. Section III - TERM, is corrected to read as follows: "To have and to hold the above-described premises for a term of five years commencing July 1, 1998, up to and including June 30, 2003. _. < 2. Section VII - UTILITIES, is amended to read as follows: "The Lessee will promptly pay all solid waste, water and electricity charges which may become payable during the term of this Lease for solid waste disposal, water and electricity uSed by the Lessee on the premises." 3. In all other respects, the original lease agreement between the parties dated June 10, 1998, re~ins in full force and effect. I!'J WITNESS WH~REOF, the parties have hereunto set their hands and seal, the day and year first written above. ~a t1~~ Witness b~--r~ LESSOR: BY:~~ Title: . ~k- ! I.~~~.~ Witness tJf;,~;;~i>~'~ ~... ... (.S"''''I) .. "-1 /0-. :...;~/ ..~~.'~:~.::~.., ~:..; i:}, \. .: 'Atte~t.:...'t.>Al1JNY L. KOLHAGE, CLERK \~y ~. -'. ......-':L.:." ;c. /7 By ~ Dep-G'ty Clerk .. BOARD OF COUNTY COMMISSIONER~ OF MONROE COUNTY, FLORIDA (2--/ or qt'l Bf~-:F~ Mayor/Chairman State of Florida County of Monroc This Lease Agreement entered into this 10h day of June. I 99lt betwccn Jt\t\.1E~__ ~.;c;:~c <, CHAPLIN, CHAPLIN REAL ESTATE. .i)art~ 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. . '=~~~_.~:.:~..f'~~!' :~, WITNESSETH: That the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and perfornled 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: I. LEASE LOCATION: 4695 Overseas Highway, Marathon, Florida, which shall constitute an aggregate area of 3,600 square feet of net rentable space, at the rate of $15.00 per square foot per year, $4,500.00 per month, $54,000.00 per year; including property boundaries of 122' x 200', as further described in thc survey conducted by Phillips & Trice Surveying, Inc. (exhibit A), attached hereto and incorporated as part of this lcase document, II. RENTALS: TI1C Lessor hereby leascs to the Lessee 3,600 square feet and the Lessee hcreby leases from the Lessor the above-described premises for the term set out in this Lease. Lessee hereby agrccs to pay the Lessor the sum of Fifty-four 11lousand Dollars and No Cents ($54,000.00) annually. The leasc amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI), National Index for Wagc Earncrs and Clerical Workers, and shall be based upon the annual average CPI computation from January I through December 31 of the previous year. Rent shall be due and payable on or beforc the.last day of each month, in arrears. TIle rental shall be paid to thc Lessor and mailed to Jamcs Chaplin, Chaplin Real Estate, 5190 Overseas Highway. Marathon, Florida 33050, prior to thc last day of the month. .. III. TERM: To have and to hold the above-described premises for a tenn of five years commcncing on July I, 1998, up to and including June 31, 2003. IV. RENEWAL This agreement may be rencwed, at the option of the Lessce, for one (I) additional five (5) year period. This option shall be executed only upon approval of the Board of County Commissioners. .,.;: ,'e"" f,( ',i:; :~f. '0': ""1' ,., -., .'u ?-..,,)~',~?;::;'Ir-:' . ~: The Lcssor agrces to furnish tothe Lessee air conditioning C<Jt'ipl\lt.;nt,'~lidshall same is operational and functional at the conUllencemcnt of thisicasc. Thcreafter, the shall maintain air conditioning equipmcnt in satisfactory opcrating condition at all times for the leased premiscs during the tenn of the Lease at the expense of the Lessee. __ .~-:;::;:;..,::?,"" (2) .-., ,. '..~"c.'.:.:~.... The Lessee shall providcjanilO"rial services and all necessary janitorial supplies: fOf thC:"~:.' ~..;,.' leased premises during the term of the Leasc at the cxpcnsc of thc Lessee. . VI. MAINTENANCE AND REPAIRS: " ( I ) 111C Lessee shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the rcplacement .of wo~ or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. 111e Lessee shall, during the tcml of this Lease, keep thc interior of the demised prcmises in as good a statc ofrcpair as it is at thc time of the conuuenccment of this Lease, reasonable wear and tcar and unavoidablc casualties excepted. (2) 111C Lessor shall maintain and keep in repair thc exterior of the demised premises during thc teml of this Lease, and shall be responsible for the replaccment of all windows broken or damaged in the demised premiscs, except such brcakage or damage caused to the extcrior of thc demised premises by the Lessee, its officers, agents, or employees. (3) Thc Lessor shall maintain the exterior of the demised prcmises so as to confonn to all applieable health and safcty laws, ordinances, and codes which arc presently in effect and which may subsequently be enacted during thc tcnn of this Lease and any renewal periods. (4) 111e Lessor shall provide appropriate cntranccways to thc structurc to accommodatc space allocation for governmcnt cntitics oceupying the space. inclusive of ingress and egress, at the expensc of the Lessor. VIr. UTILITIES: 111e Lessee ~ill promptly pay all solid waste, power, and c1eetric light rates or charges which may bccome payable during the ternl of this Lease for solid waste disposal, power. and electricity used by the Lessee on the premises. ,-~.-.. VIII. ALTERATIONS: .. 111e Lessee shall have the right to make any alterations to the demised premises during the tenn of this Lease upon first having obtained the written consent thereto of thc Lessor. 111e 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 the prcmises during the continuance of this Leasc shall be at the sole risk of the Lessee, and except for any negligence of the Lessor, the Lessor shall not be 2 X. FIRE AND OTHER HAZARDS: .' ,~~; /i' to the LcsscC 6r any other persoll",.,.;;,.", ' ,., ... I~~s. or damage to on the premises. ;, >j,', '~'?;:W\ 'iL ' ::i:,r.;(-Y:\;;~:', (I) In the event that the demised premises, or the major part thereof arc dcstroyed by fir~,,'~,- .., lightening, stonn. or other casualty. the Lessor at its option may forthwith repair the damage to such demised prelfiises at its O\..n cost and expensc. The rcntal tncreon:shalr'~?~ cease until the completion of such repairs and the Lessor will immediately refund thcpro rata part of any rentals paid in advance by the Lessce prior to such destruction. :Should the premises be only partly destroyed, so that the m~ior part thereof is usable by the Lessee, then the rcntal shall abate to the extent that the injured or damaged part bcars to the whole of such premises and such iqjury or damage shall be restored by the Lessor as speedily as is practicable and upon the completion of Stich repairs, the full rentaljshall commence and the Lease shall then continuc the balance of the tenn. t ~ (2) The Lessor shall providc for fire protcetion during the tem1 of this Lease in accordance with the firc safcty standards ofthc State and/or Monroo County Firc Marshal. Thc Lessor shall be responsible for maintenance and repair of all fire protection equipmcnt necessary to conform to the requirements of thc State and/or County Fire Marshal. 111C Lessor agrecs that the demised prcmises shall be availablc for inspection by the State and/or County Fire Marshal, prior to oeeupancy by the Lessce, and at any reasonable timc thereafter. XI. EXPIRATION OF TERM: At the expiration of the term, the Lessee will peaceable yield up to the Lessor the dcmised premiscs in good and tenantable 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. XII. SUBLElTlNG AND ASSIGNMENT: The Lessee upon the obtaining of the written consent of the Lessor, which written consent shall not capriciously be withheld, shall have the right to sublet all or any part of the demised prcmises, or to assign all or any part of the demised premises. XIII. NOT CONSENT TO SUE: .. 111e provisions, tcrms, or conditions of this Lease shall not be construed as a consent of Monroe County to be sued because of said lcasehold. XIV. WAIVER OF DEFAULTS: The waiver by the Lessor of any breach of this Lease by the Lessee shall not be construed as a waiver of any subsequent breach of any duty or covenant imposed by this Lease. 1 <'~Y%{~#~ <'~'H ... . '. ... ...... . < . . / The Lessor, afalJrpa$onablc times during regular business hours. may enter demised premises forthe purpose of viewing the same and for the purpose of making any repairs as they axe required to make under the terms of this Lease. Repairs shall be limited .to non:' business hours't1nless an emergency situation exists. ._~~~"T~'--"'!!-- BREACH OF COVENANT: " XVI. Ifthe Lessee shall negleet or fail to perfonn or observe any covenant herein contained, 'Xhich Qn " the Lessee's part is to be perfonned and such default shall continue for a period.,ofthirty.daysafter receipt of written notice thereof from the Lessor to the Lessee. thcn the Lessor lawfully may. immediately or any time thereafter. and without further notice or demand. enter into and upon the demised prcmises, or any part thereof and repossess the same as of their fonnor estate and expcl \ the Lessee and remove its cffeets forcefully, if necessary. without being taken or deemed to be guilty of any manner of trespass and thereupon this demise shall terminate but v,,rithout 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: TIle Lessee upon the request of the 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. AVAILABILITY OF FUNDS: TIle obligations of the Lessee under this Lease Agreement are subject to the 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 Monroc County now in effeet or hereinafter adopted, as may be applicable to the Lessee. XX. NOTICES: .. All notices required to be served upon the Lessor shall be served by certified mail. return reeeipt requested, at Chaplin Real Estate, 5190 Overseas Highway, Marathon, Florida 33050, and all notices required to be served upon the Lessee shall be served by certified mail, return receipt requested, at the Division of Public Works, Facilities Maintenance Department, 3583 S. Roosevelt Boulevard, Key West Florida, 33040. -l ""':"">"'.1"'" RADON GAS NOTIFICATION...; is a naturally occurring gas that. when it has accumulated in a building insufficient quantities, may present health risks to persons who are exposed to it ovcr time. Levels of radon that cxceed fcderal and statc guidelines havc bcen found in buildings. Additional infomlatio~~'=c-"':"'" rcgarding radon and radon tcsting ma~. be obtained from your collnty public health unit. . ..",~;,._-. XXII. LEASE TERMINATION .~. :~~~ 'ft"JJ"" '; ~. This lease may bc tenninated by the Lessee upon writtcn sixty (60) days noticc.to thc Lessor that the Lessee has obtained adequate office space in a governmental building. XXIII. ETHICS CLAUSE: \ Lessor warrants that it has not employed, retained or otherwise had act on its behalf any fomlcr County officer or employee subjcet to the prohibition of Section 2 of Ordinance No. 0 10-1990 or any County officer or employce in violation of Scetion 3 of ordiftance No. 020-1990. For breach or violation of this provision the lessce may, in its discretion, deduct from the contraet or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the fomlcr County officer or employce. XXIV. AMERICAN WITH DISABILITIES ACT: Thc lessor herein expressly agrees to maintain the subject premises in full compliance with the American Disabilities Act. Further, the Icssor shall be liable for any cost or expenditure associated with said compliance. The lessor shall be fully responsible to restore all rest room facilities to meet ADA requiremcnts at the expense ofthc Icssor. prior to occupancy. XXV. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to providc goods or services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public \\'ork, may not submit bids on leases of real property to public entity, may not be awarded or perfoml 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 the threshold amount provided in Section 287.017, F.S. for CATEGORY lWO for a period of 36 months from the date of being placed on the convicted vendor list. (CATEGORY lWO: $10,000.(0) .. XXVI. DEFINITION OF TERMS: (I) Thc terms "Icasc", "Ieasc agreemcnt". or "agrccmcnt" shall be inclusivc of each other and shall also include any renewals, extensions or modifications of this Lease. (2) The term "Lessor" and "Lessee" shall include the SUCccssors and assigns for the parties hereto. 5 XXVII. ADDITIONAL CONDITIONS; No additional covenants or conditions fornl a part of this Lease. --~:..~::-~~~ IN WITNESS WHEREOF, the parties hereto have hcrcunto executed thisinstrlimcntJoC.~':;~- thc purpose herein exprcssed, the day and year above writtcn. ORIGINAL SIGNATURES REQUIRED ON ALL COPTES. .' LESSOR: BOARD OF COUNTY COMMISSIONERS MO OE COUNTY. FLORIDA ~- APPROVED AS TO FORM AND LEGALITY : GENERAL COUNSEL MONROE COUNTY, FLORIDA i '.. -"."'..~""." ....> ;:-.., "0' f- J ..' ...\, ! :., /: ; :'Jf'-S.., \ \..~. \ \\.{1):.:.~ ). ~;:"'.; ~~.~~~\ .:,,\t,\:' .i~ At.~~~.t;~.~... - .:.~";' ':';'"'" By: County Attorney '. . (SEAlJ ATT'ES'r. DANNY L KOlHAGE CLERK 8f Approval Date .. Clerk (j jlif?OIC'UiOn.a' land Svr~yOff,', ' Xt'~;C Simonlon SIIl'tt ' ,., $Xl'Y Wl'~t. Florida ))040 , ;.m)5rz~4.4747 " 122.0' . . ;p 25' n G 't' "- '" '" l:J ,. 0 .... c .... \1)1111 .. 11 0 .... ,e' ('I", < Cll Cll Cll ....11.; ~\I) OUE ~o...'( C&Eoo '<'< .. "'I D"III III III 0 ~ :rIA 0 ....Cll N ::J a 0.111 ::J "" :r ....M" fII 0 \ . ~ I g I i ~ V1 ~ . o o N ,=,!-UG~ / .' l lee.o' SPECIFIC PURPOSE SURVEY TO CREATE A NEW PARCEL: A 122 foot strip of land in a part of Government Lots 1 and 2, Section 10, Township 66 South, Range 32 East, being on Xey Vaca, Monroe County, Florida, and bein9 more particularly described by metes and bounds as follows: BEGIN at the intersection of the Northwest corner of "HARAHEAOE SUBDIVISION" as recorded in rlat Book 2, rDqe 185 of the Public Records of Honroe County, Florida, and the Southeasterly riqht of way line of U. S. 1119hway No.1, thence South Jot 0 20' West along the Southeasterly right of way line of U.S. lIi9hway No.1, 122 feet to a point; thence South 15. 40' East., 200 feet. t.o a pointl tllJlnce North 740 20' East, 122 feet to a point; thence North 1S. 40' West, 200 f('et hack to the rolnt of Beqlnninq. SURVEY FOR: ISLAND MARINA, INC. I IfEREBY CERTIFY that the Specific Purpose f;urvey delineated hereon meets or exceeds the l1\inimW1l technical standards as set forth by the Florida Board of Land Surveyors, pursuant to Section 472.027 of the Florid", Stl!ltutes. and thllt there are no encroachments, above ground, oth~r than those shown hereon. 1 III!; stIRn:\" 1<: Nil r VAl.ln m-:l.I'."'c; I~MI\IISSI:lI wnll A ItAI!;I.:n SI:."I. PHILLIrs , TRICE SURVEYING. INC. ~lJl~L-<J rlcc~ ~ sslonlll Surveyor I ell! RE-9. ('en. , 2J 10 lIpril 17, 1987 Key West, Florida . .'.................-- "Exhibit A"