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06/09/1999 Lease Jlannp 'I.. Itolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATIlON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OmCE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMOR.ANDUM TO: Revette Moore Airport Business Administrator FROM: Ruth Ann Jantzen, Deputy Clerk ~. June 22, 1999 DA TE: ------------------------------------------------------------------------------------------------------------------------ On June 9, 1999, the Board of County Commissioners granted approval and authorized execution of a Lease Agreement between Monroe County and Senator Daryl Jones, for office space in the Marathon Airport Terminal Building. Enclosed please find a fully executed copy of the above agreement for return to Senator Jones. If you have any questions concerning the above, please do not hesitate to contact me. Enclosure cc: County Attorney Finance County Administrator, w/o document File ~.~;~~. TO: FROM: DA TE: RE: JAN, COUNTY ATTORNEYS BEVETTE, AIRPORTS (~cri'- 05/19/99 SEN. JONES LEASE For June Board Meeting. No Insurance requirements in this one. Thanks /bev attachments ~m~mIIW~~ ~ MAY 19 1999 ~ . Page 1 OFFICE LEASE This lease agreement is entered into by and between Monroe County, a political subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, Key West, Florida 33040 (County, Lessor or Owner), and State Senator Daryl Jones, whose address is 9400 Overseas Highway, Suite 105, Marathon Airport Terminal Building, Marathon, Florida 33050 (Tenant or Lessee). 1.) The County hereby leases to the Tenant the space at the Marathon Airport depicted on Exhibit A (the premises) for use as an office only. Exhibit A is attached to this lease agreement and incorporated into it. The premises are leased in an as is condition. The Tenant may alter or remodel the premises to suit his needs, subject to the alteration or remodeling being first approved by the County's Marathon Airport Director. County owned furniture on the premises may be utilized by Tenant. 2.) The term of this lease is for two years commencing on January L 1999. The Tenant may renew this lease for three additional one-year terms by notifying the County in writing at least 30 days before the expiration of the initial term or subsequent renewal term. Upon the expiration of this lease, the Tenant must vacate the premises and deliver the premises to the County in the same condition in which the premises were received (except as they may have been altered or remodeled pursuant to paragraph 1.), normal wear and tear excepted. 3.) The rent for the premises is $250 per month, payable in arrears by the 15th day of the month following the month for which the rent is due. 4.) The County will pay for the Tenant's electric, water, sewage and solid waste collection services. The Tenant is responsible for telecommunications service, normal cleaning service and routine maintenance of the premises. 5.) a,) If the premises are damaged to the extent they cannot b~s~ btff'e ~ _,po ,~,. I ~ ::. "- Tenant or are destroyed, the County's Engineer or the Airport Consulting Engineer ~#alciEang \) :'~ ,.: N .." o\): N 0 ~:t1 :::u ~~, !E :::0 =< -I ::r: - ", .." . }> "::" ("') r C) U1 0 l> ", -.. :::u . .... 0 initial determination as to whether premises can be repaired or rebuilt within 90 days of the date of the damage or destruction. If he determines that the premises cannot be repaired or rebuilt within the 90 days, then this lease will terminate with neither party under any further obligation to the other. If the County determines the premises can be repaired or rebuilt within 90 days, then this lease will remain in effect but with the Tenant's obligation to pay rent abated until the premises are repaired or rebuilt so that they are suitable for the Tenant's use. b.) All personal property of the Tenant placed at the premises (including, but not limited to, furniture and office equipment) is at the Tenant's sole risk, The County is not responsible or liable for any loss or damage to such property, regardless of whether the loss or damage is caused, solely or in part, by the negligent act(s) or omission(s) of County employee(s), agent(s) or contractor(s). 6.) f" (,..; The Tenant's agent for this lease is Ms. Sheila ChamberJWr. All written R-c- correspondence of the County to the Tenant required under this lease must be sent to .#-c lq 1"/ Ms. Chambej:Ui-r'at the Tenant's address listed above. All written correspondence of the Tenant .~ to the County required under this lease must be sent to: Marathon Airport Director 9400 Overseas Highway Marathon, Florida 33050 Either party may substitute its agent listed above through written notice to the other. 7.) The Tenant for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, (3) that the Tenant shall use the premises in compliance with all other requirements imposed by or 2 pursuant to Title 49 Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21. Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, Airport Owner shall have he right to terminate the lease and to re-enter and as if said lease had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights. 8.) This lease and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under which the Airport Owner acquired the subject property from the United States of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the lease of said lands from the Airport Owner, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the Airport Owner pertaining to the Marathon Airport. 9.J Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the Lessor herein reserves the right to grant similar privileges to another Lessee or other Lessees or other parts of the airport, 10.) RADON GAS: Radon is a naturally occurring radioactive 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 tat exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. 3 11.) This written lease represents the parties' final mutual agreement and replaces any prior agreement whether written or oral. This written lease may only be altered or modified by a written amendment executed by both parties. . WITNESS WHEREOF, the parties hereto have executed this office lease agreement this ! I?ljr'd~; f --Jl,r.j,:; ,1991-. \" ,; , ~~ (SEAL) '~.., ,,' .;.~ '.c~TTEST: DANNY L. KOLHAGE CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COU~TY, FL~ .- ~,\'__-r--~ ,- By Mayor/Chairman 912 (?... 0 W~ Witness pcon/jones,doc 4