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Item E24BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 19, 2003 Division: Public Works Bulk Item: Yes X No Department: Facilities Maintenance Akvz-NLA 11'EM WORDING: Approval of a Renewal Agreement with Irwin S. Morse, M.D. d/b/a Town Square Mall for office space for the Drug Court Counselor in Marathon. 11EM ISAU&UKOUND: On January 25, 2004 the current Lease Agreement with Irwin S. Morse, M.D. will expire. The Court Administration would like to exercise the final one year option to renew the lease in accordance to article IV of the original Agreement dated January 16, 2002. PREVIOUS RELEVANT BOCC ACTION: On January 16, 2002, the Monroe County BOCC approved to enter into a Lease Agreement with Irwin s. Morse, M.D. d/b/a Town Square Mall for approximately 400 square feet of office space for the Drug Court Counselor in Marathon. On. December 18, 2002, the BOCC approved to renew the lease for the first of two one year options, and to increase the rent by the CPI-U of 2%. CONTRACT/AGREEMENT CHANGES: Rent remains unchanged. Renewal commences on January 16, 2004, and terminates January 15, 2005. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $6.426.00 per year COST TO COUNTY: $6,426.00 ear year BUDGETED: Yes X No SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasmg X Risk Management - X- DIVISION DIRECTOR APPROVAL: DOCUMENTATION: DISPOSITION: Dent Pierce, Director Public Works Included X To Follow Not Required. AGENDA ITEM #—Z�z Revised 1/03 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Town Square Mall Contract # Effective Date: 01/16/04 Contract Purpose/Description: Expiration Date: 01/15/05 Offices ace in Marathon for the Drug Court Counselor Contract Manager: Ann Riger (Name) 4549 (Ext.) Facilities Maint/Sto #4 (Department/Stop #) for BOCC meeting on 11/19/03 Agenda Deadline: 11/04/03 CONTRACT COSTS Total Dollar Value of Contract: $ 6,426.00 Current Year Portion: $ Budgeted? Yes® No ❑ Account Codes: 001-83001-530-440- Grant: $ N/A County Match: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included m dollar value ahnve) rao CONTRACT REVIEW 4,284.00 etc. Changes Date Out Date In Needed Re ie Division Director 11 I IQ 3 Yes❑ NoM Risk Management 10114/03, yes❑ No[]' %Q�3d�d3 O.M.B./Purchasing 1() Xes❑ No� �3 `vv �ja — County Attorney l Ql3 j (v� Yes❑ No� Comments: OMB Form Revised 2/27/01 MCP #2 RENEWAL AGREEMENT (Office Space for Drug Court Counselor — Town Square Mall, Marathon) This renewal of lease agreement is made and entered into this 191' day of November, 2003, 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 January 16, 2002, and as renewed on December 18, 2002, (copies of which are attached hereto by reference) as follows: In accordance with Section IV of the original Lease Agreement dated January 19, 2003, the Agreement shall be renewed for the final of two one year options, commencing on January 16, 2004 and terminating on January 15, 2005. 3. In all other respects, the original Lease Agreement dated January 16, 2002, and as renewed on December 18, 2002, 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 Ln Deputy Clerk Witness Witness BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Lo Mayor/Chairman LESSOR: IRWIN S. MORSE, M.D. d/b/a TOWN SQUARE MALL LE Title: MONROE COUNTY ATTORNEY PPROVED A M; r SUZANN HUTTON Date_ OA ASSISTANT C&NTY/A NEY �® TOWN SQUARE MALL , Shops & Offices 11400 Overseas Highway Marathon, Florida 33050 (305) 577-0592 1-800-433-7017 ,_ Fax (305) 577-0692 Dear Tenant: For the most part we have lived together well, I have tried to improve the appearance of the Hafl. We have yet to resurface the parking lot. Not to forget the instillation of hurricane proof windows. And you have been, for the most part, good tenants, It is appreciated. In spite of the increases in taxes, insurance, electric and standard of living, there will be no increase in your rent. What I am saying is that your lease can be renewed at the same rental as this year. Now that's appreciation) ry truly y urs, Irwin S. Morse, MD Owner (Office Space for Drug Counse or — Town Square Mall, Marathon This renewal of lease agreement is made and entered into this 18t' 2002, between IRWIN S. MORSE, M.Dday of December, . Lessor, and the BOARD OF COUNTd/b!a TOWN SQUARE MALL hereinafter called the Y COMMISSIONERS OF MONROR COUNTY, FLORIDA, hereinafter called the Lessee, in order to renew the certain lease agreement dated January 160' 2002, (a copy of which is attached hereto by reference) as follows: 1. In accordance with Section IV of the original Lease Agreement dated January 16, 2002, the Agreement shall be renewed for the First of two one year options, commencing on January 16, 2003, and terminating January 15, 2004_ 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/), fr month. om $6,300.00 annually to $6,426.00 annually, or from S525.00 per month to $535.50 per 3. In all other respects, the original Lease Agreement dated January 16, 2002 remains in full force and effect. �= .. oW `ttel ESS WHEREOF, the parties have hereunto set their hands and seal, the day and above. L. KOLHAGE, CLERK By: (3-7� Deputy Clerk APPROVED AS T AND LEGAL 5UFFI By�= DATE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY � ry M Mayor/Chairman Title c9, J Vt � • -10 LEASE AGREEMENT State of Florida County of Monroe This Lease Agreement entered into this 16'h day of January, 2002, by and between IRWIN S. MORSE, M.D. d/b/a TOWN SQUARE MALL, party of the f rst part hereinafter called the Iessor and th hereinafter called the lessee.see. e BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, party of the second part 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 term and under the conditions hereinafter set out those certain premises in Marathon, County of Monroe, Florida described as follows: LEASE LOCATION Town Square Mall Unit #205, Marathon, Florida which shall constitute an aggregate area of approximately 400 square feet of net rentable space at the rate of approximately $15.75 per square foot per year, $525.00 per month, $6,300.00 per year. II. RENTALS The lessor hereby leases to the lessee 400 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 six thousand three hundred dollars and no cents ($6,300.00) annually, five hundred twenty-five and no c ($525.00) per month. The lease amount ents 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. Increases 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. 15 Road, Floor Ten, Miami, FL 33129, prior to the last day of the month. III. TERM To have and to hold the above described premises for a term of one (1) year commencing on the date of execution by Dr. Irwin S. Morse, or approval of the Monroe County BOCC, whichever is later. IV. RENEWAL 1)1&/03 - l/1y/oq /I16/0 a - d16,103 This agreement may be renewed at the option of the lessee for two (2) additional one (1) year periods. This option shall be executed only upon approval of the Board of County Commissioners. V. AIR CONDITIONING AND JANITORIAL SERVICES The lessor agrees to furnish to the lessee air conditioning equipment to be used during normal business hours, and shall ensure that same is operational and functional during the time of this lease. The lessor herein expressly agrees to be responsible for all costs associated with maintenance and FEB I 1 1002 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 The lessee shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement of wom 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 The 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. VIII ALTERATIONS The lessee shall have 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 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 property or to any person on the premises. X FIRE AND OTHER HAZARDS Y In the event that the demised premises or the major part thereof are destroyed by fire, lightening, storm 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 N repairs and the lessor will immediately refund the pro rats lessee prior to such destruction. Should the premises be only partlyy Of any advanceaid in jo P 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 shall then continue the balance of the term. 2. The lessor shall provide for fire protection during the term of this lease in accordance with the fire safety standards of the State and/or Monroe County Fire Marshal. The lessor shall be responsible for maintenance and repair of all fire protection equipment necessary to conform 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 EXPIRATION OF TERM At the expiration of the term, the lessee will 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 shall have the right to remove from the premises all personal property of the lessee and all fixtures, machine appurtenances and appliances placed or installed on the remises by it, rye equipment, premises to as good a state of repair as they were prior to the removal. ' provided the lessee restores the X 1 SUBLETTING AND ASSIGNMENT The lessee upon the obtaining of the written consent of the lesser, 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 The provisions, terms, or conditions of this lease shall not be construed as a consent of Monroe County to be sued because of said leasehold. 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. XV RIGHT OF LESSOR TO INSPECT The 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 performed and such default shall continue for a period of thirty days after receipt of written notice thereof from the lessor to the lessee then the lessor lawfully may, immediately or any time thereafter, and without further notice or demand enter into and upon the demised premises or any part thereof and M 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 manner of trespass 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. XVH ACKNOWLEDGEMENT OR ASSIGNMENT The 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. XVM AVAILABILITY OF FUNDS The 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 The lessee will not make or suffer any unlawful, improper or offensive use of the premises or any use of on 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 The lessee shall procure and maintain at its expense and throughout the term of this lease the insurance or self -ensure for all claims that the lessee can be held liable for under Section 768.28, Florida Statutes, and up to the maximum amount set forth m that statute. Notwrthstandmg anything to the contrary in this lease. Lessee waives all rights to recovery, claims or causes Of action against the lessor and its, attomey-in-fact, agents, trustees, executors and personal representatives on account of any loss of damage which may occur to the premises, the building, the property or 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 of the cause or origin (including negligence of lessor). 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 the lessor shall be served by certified mail, return receipt requested to Irwin S. Morse, M.D., d/b/a Town Square Mall, 151 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. n 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 obtained from your County Public Health Unit. XXIII LEASE TERMINATION This 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 wan -ants that it has not employed retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 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, f 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 The lessor herein expressly agrees to maintain the subject premises in full compliance with the American Disabilities Act. Further, the lessor shall be liable for any cost on expenditure associated with said compliance. The lessor shall be fully responsible to restore all rest room facilities to meet ADA requirements at the expense of the lessor prior to occupancies. XXVI 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 with 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 entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with an entity, and may not transact business with aness y public e threshold amount provided in Section 287.017 F.S. for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.(Category Two $10,000.00). XXVII DEFINITION OF TERMS The terms "lease" "lease agreement" or "agreement" shall be inclusive of each other and shall also include any renewals, extensions or modifications of this lease. 2. The term "lessor" and "lessee" shall include the successors and assigns for the parties hereto. 3. The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits. XXVIII ADDITIONAL CONDITIONS A No additional covenants or conditions form a part of this lease IN WITNESS WBEREOF the parties hereto have hereunto executed this instrument for the purpose herein expressed the day and year above written. ORIGINAL SIGNATURES REQUIRED ON ALL COPIES Signed, Sealed and Delivered LESSOR BY BOARD OF COUWY COMMISSIONERS MONROE CO LORIDA By: Approved as to fompaW� County, Co el of Monroe CFlorida AND AC"SUF ICE BY DATE O G2 P