Item C08BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17, 2004 Division: Public Works
Bulk Item: Yes X No _
Department: Facilities Maintenance
AGENDA ITEM WORDING: Approval of Lease Amendment with L. H. Kephart d/b/a Eaton Street
Professional Center, increasing rental payments for office space leased in Key West for the Public
Defender.
ITEM BACKGROUND: Mr. L. H. Kephart notified Facilities Maintenance that rent was not
increased by the percentage change in the CPI-U since December 1, 2001, and that he would like the
rent increased retroactive to December 1, 2002. It is the opinion of our County Attorney's office to pay
retroactive increases in rent for only our current lease year beginning 12/01/03.
PREVIOUS RELEVANT BOCC ACTION: On August 11, 1999, the BOCC granted approval of a
Lease Agreement with L.H. Kephart d/b/a Eaton Street Professional Center to occupy offices of the
Public Defender. On December 13, 2000, the BOCC approved a Lease Amendment to increase the
cost of dumpster services, and to include an annual CPI computation on rent. There was a
typographical error on the December 13, 2000 Amendment stating that the new costs commenced on
December 1, 2000 and ended on November 30, 2000. On February 21, 2001 the BOCC approved the
correction of the Lease Amendment adjusting the fee increase to commence December 1, 2000, and
ending November 30, 2004.
CONTRACT/AGREEMENT CHANGES: To increase rent an additional $469.29 per month, from
$11,619.06 per month to $12,088.35 per month, retroactive to 12/01/03.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $5,631.48
BUDGETED: Yes X No _
COST TO COUNTY: $5.631.48 SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty. X OMB/Purchasing X Risk Management X
a r'
DIVISION DIRECTOR APPROVAL: z/z7la
y��.�----
Dent Pierce, Director Public Works
DOCUMENTATION: Included X To Follow Not Required
DISPOSITION: AGENDA ITEM #—a
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
FContractith: L.H. Kephart
Contract #
Effective Date:
12/01/03
Expiration Date:
11/30/04
Contract,Purpose/Description:
To increase rent by the CPI-U
sent.
Contract Manager: Ann Riger
(Name)
4549
(Ext.)
Facilities Maint/Sto #4
(Department/Stop #)
for BOCC meeting on 03/17/04 Agenda Deadline: 03/02/04
CONTRACT CQSTS
Total Dollar Value of Contract: $ 14; D . 2 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes:-69800-530-440-
Grant: $ N/A - - -
County Match: $ N/A - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included m dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director Yes❑ No❑
Risk Management ,1%310,f Yes❑ NoET
O.M.B./PurchasingdobidYes❑ Np �[
County Attorney [ a 5"/o l Yes("No❑ 2��O"
(—h^W6£5 yhhdk,
Comments:
OMB Form Revised 2/27/01 MCP #2
Date Out
Z t ,
-2631dY
Ate. �/o,p
LEASE AMENDMENT
(Eaton Street Professional Center)
THIS Amendment is made and entered into this 17th day of March, 2004, between the COUNTY
OF MONROE and L.H. KEPHART d/b/a EATON STREET PROFESSIONAL CENTER in
order to amend the Lease Agreement dated August 11, 1999, and amended December 13, 2000,
and February 2V% 2001, (copies which are incorporated hereto by reference) as follows:
WHEREAS, a Lease Amendment dated December 13, 2000, provides that the lease amount
"might" be adjusted annually; and WHEREAS, no prior request was made for CPI-U
adjustments, and WHEREAS, one CPI-U adjustment was never -the -less processed; and
WHEREAS, the Lessor has now requested adjustments; now therefore:
1. The rent amount of $11,619.06 through November 30, 2003, and heretofore paid is
ratified.
2. The rent amount for December 1, 2003 through November 30, 2004 shall be amended to
reflect a 2.32 CPI-U which could have been applied if a timely request for such
adjustment had been made, and an additional CPI U for December 1, 2003 through
November 30, 2004 of 1.68%. The monthly rent from 12/01/03 through 11/30/04 shall
be $12,088.35 per month.
3. Rent shall be paid retroactively from 12/01/03 through March 31, 2004 in the amount of
$1,877.16 ($12,088.35 - $11,619.06 = $469.29 X 4 = $1,877.16).
4. In all other respects, the original agreement between the parties dated August 11, 1999,
and amended on December 13, 2000 and February 21, 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.
Attest: DANNY L. KOLHAGE, CLERK
By.
Deputy Clerk
Witness
Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
L.H. KEPHART, EATON PROFESSIONAL CENTER
MONROE COUNTY ATTORNEY
AR -PROVED AS
UZANNE A. HUTTON
'AfS NEY
Dateoz_�
LEASE AN EHDMENT
(Eaton StR`,Ct Professional Center)
THIS Amendment is made and entered into this 21r` day of February 2001, between the COUNTY OF MONROE and L.H. KEPHART d/b/a EATON STREET PROFESSIONAL
CENTER in order to amend the Lease Agreement dated August 11, 1999, and amended
December 13"' 2000, (copies which are incorporated hereto by reference) as follows:
1. Article 2, second sentence shall read as follows:
Additionally, lessee shall pay ($100.00) One -Hundred Dollars per month for sewer and
water; ($152.07) One -Hundred Fifty -Two Dollars and Seven Cents per month for a
dumpster, payable within (30) Thirty days of each due date, commencing on December 1,
2000, and ending on November 30, 2004.
2. In all other respects, the original agreement between the parties dated August 11, 1999
remains in full force and effect.
IN WITNESS WHEREOF_ the parties have hereunto set their hands and seal, the day and year
CLERK
By: . �4
Deputy Clerk
*"_"Wi[nCUSS_
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as to
Jqf f rey 13'
and Legal Sufficiency
BOARD OF COUNTY COMMISSIONERS
OF ONROE COUNTY, FLORIDA
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L.E
By
Title
CEASE A14ttuDMENT
(Eetan Stint NKSSiorial Ck�tcr)
T141S Amendrner,t ;s made end
COUNTY D) h4CNR 00, entered into t}iis 13� day of December 20between the
CENTER in order to AL
0 end the Leas F- 1r emT dlb/a EATON STREET PROFESSION incorporated hereto by reference) as follows enr dated August 11, 1999 (a copy which is
I Article 2, first sentence shall read as follows:
Lessee shall lease (8,280) Eight Thousand Two Hundred EightEightY s
($10,867.50) Ten Thousand Eight Hundred Sixty-seven Dollars and Fifty
feet at
month, which might be adjusted annually in accordance with t
Consumer price Index for all urban consumers p _ fty Cents per
he percentage change to the
available. (C I U) for the most 'recent 12
months
Z " pent therefore shall increase by 3.4% ,'
Eleven Thousand Two 1jundred Thirt beginning December I, 2000 to an arnou�it t)t,
month. }Seven Dollars and Zero Cents W 1,217.00
per
3, Article 2, Second sentence shall read as follows:
Additionally, lessee shall pay ($100.00) One Dollars per month fo
water; ($152 07) One -Hundred Fifty-Twor sewer and
dumpstec, payable within (30) Thirty dayof each due date,ars and ecommenc Centsven per month for a
2000, and ending on November 30, 2000. tng on December 1,
4 • In all other respects, the original agreement between the a i
remains in full force and effect. p tt es dated August 1 l 1999
1 WIREOr, the parties have hereunto set their hands and seal, the da
,rlt8 t� eve Y and year
KOLKAGE, CLERK
DWty Clerk
ss
BOARD OF COUNTY COMMISSIONERS
9F MONROE COUNTY. FLORIDA
119
By
Ahl'rovcd .u; CO 1
nrm .end Sufficiency
•ri11C �' `— ---
BUSINESS LEASE AMENDMENT
(Fat -On Street Professional. Center)
THIS ADDENDUM TO AGREEMENT is made and entered into this llth day
of August, 1999, between the COUNTY OF MONROE and L.H. KEPHART d/b/a
EATON STREET PROFESSIONAL CENTER, in order to amend that certain
agreement between the parties dated July 16, 1997, as follows:
WHEREAS, the parties hereto did enter into an agreement on July 16,
1997;
WHEREAS, the lessee desires additional office space and the lessor has
an additional 1280 square feet available;
IN CONSIDERATION of the mutual promises contained herein, the parties do hereby
agree as follows:
1. Lessor shall lease to lessee and lessee shall lease from
lessor Suite 100 of the Eaton Street Professional Center, 524 Eaton
Street, Key West, Florida, consisting of 1280 square feet of office
space as depicted on Exhibit A, attached hereto and incorporated as
part of this document.
2. Lessor shall be responsible for all expenses to provide all
necessary upgrades and renovations, inclusive of new paint, carpet,
and central heat and air conditioning for the new space.
3. Payment by the County to Eaton Street Professional Center for
the additional 1280 square feet shall be at the rate of $15.75 per
square foot, $1,680.00 per month, payable within (30) thirty days of
each due date, commencing on September 1, 1999 until November 30,
1999.
4. In all other respects, the agreement between the parties
dated July 16, 1997 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.
RK
LIZ
Witness
Witne s
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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EAT
By:
Approved as to form and legal
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C7
LEASE AGREEMENT
State of Florida
County of Monroe
�2
This Lease Agreement entered into this I 1 th day of August, 1999, between L.H.
KEPHART d/b/a EATON STREET PROFESSIONAL CENTER, 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:
WHEREAS, that the said lessor does this day lease unto said lessee, and
WHEREAS, said lessee does hereby hire and take as tenant under said lessor room or
space, as shown on EXHIBIT A, attached hereto and made a part thereof, situated at:
EATON STREET PROFESSIONAL CENTER, KEY WEST
MONROE COUNTY, FLORIDA;
To be used and occupied by the lessee as offices of the Public Defender and for no other purpose
or uses whatsoever, and
WHEREAS, beginning on the first 0 ") day of December, 1999 and ending on the thirtieth
(30`h) day of November, 2004, and
NOW, THEREFORE, for the agreed total rental sum of ($130,410.00) One Hundred
Thirty Thousand Four Hundred Ten Dollars per annum payable to EATON STREET
PROFESSIONAL CENTER, at 524 Eaton Street, Kev West, Florida 33040, and other good and
valuable consideration, the parties agree as follows:
Lessor shall lease to lessee and lessee shall lease from lessor the above -described premises
2. Lessee shall lease (8,280) Eight Thousand Two Hundred Eighty square feet at ($10,867.50)
Ten Thousand Eight Hundred Sixty-seven Dollars and Fifty Cents per month. Additionally, lessee
shall pay ($100.00) One -Hundred Dollars per month for sewer and water; ($90.00) Nincty Dollars
per month for a dumpster, payable within (30) Thirty days of each due date, commencing on
December 1, 1999 and ending on November 30, 2004. Increases for sewer, water, and dumpter
shall be addressed on a case by case basis, based on increases by the service provider.
3. All additions, fixtures or improvements which may be made by lessee, except movable office
furniture and equipment, shall become the property of the lessor and remain upon the premises as a
part thereof and be surrendered with the premises at the termination of this lease unless otherwise
agreed upon by the parties thereof.
4. All personal property placed or moved in the above -described premises shall be at the risk of
the lessee or owner thereof, and lessor shall not be liable for any damages to said personal
Property.
Page I of 5
5. In the event the premises shall be destroyed or so damaged or injured by fire or other casualty
during the life of this agreement, whereby the same shall be rendered untcnantable, then the lessor
shall have the right to render said premises tenantable by repairs within (90) Ninety days
therefrom. If said premises are not rendered tenantable within said time frame, it shall be optional
with either party hereto to cancel this lease, and in the event of such cancellation, the rent shall be
paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced
in writing.
6. Lessee shall have the right to sublet the premises for the duration of the term of this lease,
subject to the lessor's approval, provided that such approval shall not be unreasonably withheld.
7. Lessee agrees to pay the cost of collection and ten percent (10%) attorney's fee on any part of
said rental that may be collected by suit or by attorney, after the same is past due.
8. The lessee agrees that it will pay all charges for rent, gas, water, sewer, trash, electricity or
other illumination used on said premises, and should charges for rent or lights herein provided for
at any time remain due and unpaid for the space of (30) Thirty days after the same shall have
become due, the lessor may at its option consider the said lessee/tenant at sufferance and
immediately re-enter upon said premises and the entire rent for the rental period then next ensuing
shall at once be due and payable and may forthwith be collected by distress or otherwise.
9. The lessor, or an_v of its agents, shall have the right to enter said premises during all reasonable
hours to examine the same to make such repairs, additions, or alterations as may be deemed
necessary for the safety, comfort or preservation thereof, or of said building, or the exhibit said
premises, and to put or keep upon the doors or windows thereof a notice "FOR RENT' at any time
within (30) Thirty days before the expiration of this lease. The right to entry shall likewise exist
for the purpose of removing placards, signs, fixtures, alterations or additions which do not conform
to this agreement, or to the rules and regulations of the building.
10. Lessee hereby accepts the premises only after the following repairs are completed at the
expense of the lessor:
a) Repair all existing damage including the water damaged ceiling the and walls.
b) Repair, paint and maintain the front inside stairs
c) Indoor air quality assessment performed by a licensed Certified Industrial Hygienist, with
samples taken of the visible mold and fungal growths; to be analyzed to determine the presence
of any health / safety issues, and provide remcdiation recommendations, at the cost of the
lessor.
d) Lessor shall provide corrective action to all items indicated in the recommendation report
outlined in Paragraph I Oc, at lessor's expense. However, in the event the total cost or costs
associated with said corrective action reaches $5,000.00 during the term of this agreement, the
lessor shall have the option of terminating this agreement as provided in Article 18a. Further,
during the six (6) month notice period provided in Article 18a, the lessor shall not be liable for
any costs of said compliance above $5,000.00.
e) Repair damaged fence in the parking lot and clear all of the wooden debris from the area
around the dumpster
f) Repair outside stairs by providing the landing required by code.
g) Upon completion of aforementioned repairs, lessee agrees to maintain said premises in the
same condition, order and repair as there were at the commencement of said term, exception
Page 2 of 5
only reasonable wear and tear arising from the use thereof under this agreement, and to make
good to said lessor immediately upon demand, any damage to water apparatus or electric lights
or anw fixtures, appliances or appurtenances of said premises, or of the building, caused by
any act or neglect of lessee, or of any person or persons in the employ or under the control of
the lessee.
1 1. This contract shall bind the lessor and its assigns or successors, and the heirs, assigns,
administrators, legal representatives, executors or successors as the case may be, of the lessee.
12. It is understood and agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
13. It is understood and agreed between the parties hereto that written notice mailed or delivered to
the premises leased hereunder shall constitute sufficient notice to the lessee and written notice
mailed or delivered to the office of the lessor shall constitute sufficient notice to the lessor, to
comply with the terms of this contract.
14. The rights of the lessor under the foregoing shall be cumulative, and failure on the part of the
lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said
rights.
15. It is further understood and agreed between the parties hereto that any charges against the
lessee by the lessor for services or for work done on the premises by order of the lessee or
otherwise accruing under this contract shall be considered as rent due and shall be included in any
lien for rent due and unpaid.
16. PARKING
a) Parking is to be provided by the lessor between the hours of 6:00 a.m. and 6:00 p.m. Monday
through Friday, throughout the term of this lease, as per Exhibit "B" attached hereto and
incorporated by reference, with lessor retaining rights to (3) three spaces.
b) Lessor shall provide (3) parking passes to be utilized at the parking lot as depicted in Exhibit
"B" between the hours of 6:00 p.m. and 6:00 a.m., (7) seven days per week, throughout the
term of the lease.
c) Lessor shall provide lessee (3) three parking spaces on the east side of the building to be
utilized (7) seven days per week, (24) twenty-four hours per day. Lessor shall relocate air
conditioning components from within the driveway area to accommodate this parking as
referenced.
d) Lessor maintains the right to provide alternate parking for repairs and or constriction in or
around the parking lot, within reasonable distance from the referenced lease site.
e) Lessor shall provide fencing for the lot and keep it free from debris.
17. All deposits for utilities will be paid by lessee.
18. TERMINATION:
a) This agreement may be terminated without penalty be either the lessor or lessee upon providing
a (6) six month written notice mailed or delivered to the other party
b) In the event that finds from the budget of Monroe County are partially reduced or cannot be
obtained or cannot be continued at a level sufficient to allow for the rental of property specified
herein, this agreement may then be terminated immediately at the option of the Board by
Page 3 of 5
written notice of termination delivered in person or by mail to the lessor. The Board shall not
be obligated to pay for am_ rental provided by the lessor after the lessor has received written
notice of termination.
c) 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.
19. 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 or expenditure associated
with said compliance. However, in the event the total cost or costs associated with said compliance
reaches $5,000.00 during the term of this agreement, the lessor shall have the option of terminating
this agreement as provided in Article 18a above. Further, during the six (6) month notice period
provided in Article 18a, the lessor shall not be liable for any costs of said compliance above
$5,000.00.
20. The lessor herein expressly agrees to maintain the common bathrooms utilized by the tenants
of the subject premises in a clean, sanitary manner. Further, the lessor expressly agrees to be
liable for any cost or expenditure associated with same.
21. Notwithstanding the provisions contained in paragraph 8 above, the lessee, with the assistance
of the Monroe County Public Works Division, herein expressly agrees to be liable for normal
routine maintenance associated with operation of the air conditioning system located on the subject
premises, limited to cleaning and changing the filters, coils and belts, as well as monthly cleaning
of the drain. The lessor herein expressly agrees to be responsible for all costs associated with
maintenance and operation of the air conditioning system, including all electrical, mechanical
components, coils, condensers, and refrigerants.
22. The lessor herein expressly agrees to maintain the subject premises in frill compliance with all
safety codes and standards, and remedy all safety hazards as deemed appropriate by the Monroe
County Safety Manager. Further, the lessor shall be liable for any cost or expenditure associated
with said compliance. However, in the event the total cost or costs associated with said compliance
reaches $5,000.00 during the term of this agreement, the lessor shall have the option of terminating
this agreement as provided in Article 18a above. Further, during the six (6) month notice period
provided in Article 18a, the lessor shall not be liable for any costs of said compliance above
$5,000.00.
23. Lessor warrants 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, in its discretion, terminate this contract without
liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise
recover the full amount of any fee, commission, percentage, gift, or consideration paid to the
former County officer or employee.
24. 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 provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the 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 any public entity, and may not transact business with any public entity in excess of
Page 4 of 5
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the threshold amount provided in Section 287.0I 7, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
25. Exhibit "C", attached hereto and incorporated as part of this lease document, is a survey of the
property.
26. Exhibit "D", attached hereto and incorporated as part of this lease document, is a list of locally
licensed contractors approved by the lessor to provide reasonable repairs and emergency assistance
to the lessee at the full expense of the lessor, up to ($250.00) Two Hundred Fifty Dollars per
incident, to effectively, expedite and accomplish all required repairs. Repairs in excess of
($250.00) Two Hundred Fifty Dollars per incident shall first be approved by the lessor. Lessor
shall respond to requests for repairs in excess of $250.00 within (24) twenty-four hours.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for
the purposes herein expressed, the day and year first above written.
SIGNED, SEALED and DELIVERED in the presence of
E.
WsLessor
WitnC
B'
Witness as to Lessor
As
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY: �� A
Mayor/Chairman
Approved as to form and legal
Page 5 of 5
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