08/11/1999 Lease
LEASE AGREEMENT
State of Florida
County of Monroe
This Lease Agreement entered into this 11 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, hercinafter called the Lessee.
WITNESSETH:
WHEREAS, that the said lessor does this day lease unto said lessee, and
WHEREAS, said lessee does hereby hirc and take as tenant under said lessor room or
space, as shown on EXHIBIT A, attachcd hereto and made a part thercof, situated at:
EATON STREET PROFESSIONAL CENTER, KEY WEST
MONROE COUNTY, FLORIDA;
To be used and occupied by the lessee as offices of the Public Defcnder and for no other purpose
or uscs whatsoevcr, and
WHEREAS, begitming on the first (I 5t) day of December, 1999 and cnding on the thirtieth
(30th) day of November, 2004, and
NOW, THEREFORE, for thc agreed total rental sum of($130,41O.00) One Hundred
Thirty Thousand Four Hundred Ten Dollars per annum payable to EATON STREET
PROFESSIONAL CENTER, at 524 Eaton Street, Key West, Florida 33040, and other good and
valuable consideration, the parties agree as follows:
1. Lessor shall lease to lessee and lessee shall lease from lessor the above-dcscribed premises.
2, Lessee shalllcase (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) Onc-Hundred Dollars per month for sewcr and water; ($90.00) Ninety Dollars
pcr month for a dumpster, payable within (30) Thirty days of each duc date, commcncing on
Decembcr 1, 1999 and cnding on November 30,2004. Increases for scwer, water, and dumpter
shall be addrcsscd on a case by case basis, bascd on increases by the service providcr.
3. All additions, fixturcs or improvements which may bc made by lessce, except movable office
furniturc and equipment, shall become the property of the lessor and remain upon the premises as a
part thereof and be surr~ndered with the premises at the termination of this-!"iW'lj~ffo<5Ij~~8
agreed upon by thc partIes thereof. , ':3 "HI:! ')f13 W
3(lVHlm,1 " ANNVO
4. All pcrsonal propcrty placed or moved in the above-describcd prcmises shall bc at the risk of
the lesscc or O\Vl1Cr thercof, and lessor shall not be liable for any damages ~!bI fJdsQ ^ON 66
p~~. .
OH003H ~O.:J 031lJ
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 untenantable, 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 cither party hercto to cancel this lease, and in the event of such cancellation, the rent shall be
paid only to thc date of such firc or casualty. The cancellation herein mentioned shall be evidenced
in writing.
6. Lcssee shall have the right to sublet the premises for the duration of the tcrm ofthis lease,
subject to the lessor's approval, provided that such approval shall not be unreasonably withheld.
7. Lessee agrees to pay the eost of collection and ten percent (l 0%) attorney's fec on any part of
said rental that may bc collected by suit or by attorney, after the same is past due.
8. The lessee agrecs 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 providcd for
at any time remain due and unpaid for the space of (30) Thirty days aftcr the same shall havc
become due, the lessor may at its option consider the said lessee/tenant at sufferance and
immediately re-enter upon said prcmises and the cntire rcnt for the rental period then ncxt ensuing
shall at once be due and payable and may forthwith be collected by distress or otherwise.
9. The lessor, or any of its agents, shall have the right to cnter 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 thc purpose of removing placards, signs, fixturcs, alterations or additions which do not conform
to this agreement, or to the rulcs and regulations of the building.
10. Lcssec hcrcby accepts thc premises only aftcr the following repairs arc completed at the
expense of thc lessor:
a) Repair all cxisting damage including the water damaged ceiling tilc and walls.
b) Repair, paint and maintain the front inside stairs
c) Indoor air quality assessmcnt performed by a licensed Certified Industrial Hygienist, with
samples taken of the visible mold and fungal growths; to be analyzed to dctermine the prcsence
of any health / safcty issues, and provide remcdiation reconunendations, at the cost of the
lcssor.
d) Lcssor shall provide corrective action to all items indicated in the recommendation report
outlined in Paragraph lOc, at lessor's expensc. 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 I8a, 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 rcpairs, lessee agrees to maintain said premises in the
same condition, order and repair as there were at the commencement of said term, exception
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only rcasonable wear and tcar arising from thc use thercof under this agrcement, and to make
good to said lessor immediately upon demand, any damage to watcr apparatus or electric lights
or any fixtures, appliances or appurtcnances of said premises, or ofthc building, causcd by
any act or neglect of Icssee, or of any person or persons in the employ or undcr the control of
the lessee.
11. This contract shall bind the lessor and its assigns or successors, and the heirs, assigns,
administrators, legal reprcsentatives, executors or successors as the casc may be, of the lessee.
12. It is understood and agreed between the parties hereto that time is ofthc essence of this
contract and this applics to all terms and conditions contained hcrcin.
13. It is understood and agreed bctwccn the parties hereto that written notice mailed or delivered to
the prcmises leased hcreunder shall constitute sufficient notice to the lessee and written notice
mailed or delivered to the officc of the lessor shall constitute sufficient notice to the lessor, to
comply with the tcnns of this contract.
14. The rights of thc Icssor under the foregoing shall bc cumulativc, and failurc on thc part of thc
lessor to excrcise promptly any rights given hercundcr shall not opcratc to forfcit any of thc said
rights.
15. It is furthcr undcrstood and agrccd betwccn the parties hcrcto that any charges against thc
Icsscc by the Icssor for scrvices or for work done on the premises by order of the Icssee or
othcrwise accruing undcr this contract shall bc considcrcd as rcnt due and shall bc includcd in any
licn for rent due and unpaid.
16. PARKING
a) Parking is to be provided by the Icssor bctwccn thc hours of 6:00 a,m. and 6:00 p.m. Monday
through Friday, throughout the tcrm of this leasc, as pcr Exhibit "B" attached hcrcto and
incorporated by refcrcnce, with lessor rctaining rights to (3) threc spaces.
b) Lessor shall provide (3) parking passcs to bc utilized at the parking lot as depictcd in Exhibit
"B" bctween thc hours of 6:00 p,m. and 6:00 a.m., (7) scven days per wcck, throughout thc
tcrm of the leasc.
c) Lessor shall provide lessec (3) three parking spaces on thc east sidc of the building to be
utilizcd (7) scven days pcr weck, (24) twcnty-four hours pcr day, Lcssor shall relocatc air
conditioning components from within the drivcway arca to accommodate this parking as
rcfcrcnced.
d) Lcssor maintains the right to providc altcrnatc parking for rcpairs and or construction in or
around thc parking lot, within reasonable distancc from thc refcrcnccd lease sitc.
e) Lessor shall provide fencing for the lot and kcep it frce from debris.
17. All deposits for utilities will be paid by lcssee.
18. TERMINATION:
a) This agreement may be terminated without penalty bc either the lessor or lessee upon providing
a (6) six month written notice mailcd or delivered to the othcr party
b) In the event that funds from thc budget of Monroe County are partially reduced or cannot bc
obtained or cannot be continued at a levcl sufficient to allow for the rental of property spccificd
herein, this agrcemcnt may then be terminated immediately at thc option of the Board by
Page 3 of 5
written notice of termination delivered in person or by mail to the lcssor. The Board shall not
be obligated to pay for any 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 Lessce 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 compliancc. 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 agreemcnt as provided in Article 18a above. Further, during the six (6) month notice period
provided in Article I 8a, 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 conunon bathrooms utilized by the tcnants
of thc subject premises in a clean, sanitary manner. Further, the lessor expressly agrees to be
liable for any cost or expcnditure 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 full 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, thc 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
recovcr thc full amount of any fcc, conunission, pcrcentage, gift, or considcration paid to the
former County officcr 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 providc 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
the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of36
months from the date of being placed on the convicted vendor list.
25, Exhibit "C", attached hereto and incorporated as part of this leasc document, is a survey of the
property.
26. Exhibit "0", attachcd hereto and incorporated as part of this lease document, is a list of locally
liccnsed 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 Hundrcd Fifty Dollars per
incident, to effectively cxpedite and accomplish all required rcpairs. Repairs in excess of
($250.00) Tv\'O 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 cxecutcd this instrument for
the purposes hercin cxpressed, the day and year first abovc written,
SIGNED, SEALED and DELIVERED in the presence of
<
BY:
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY:~~~ ....-t-JJ ""\
Mayor/Chairman
V L. KOLHAGE, CLERK
y
Approved as to form and legal
suf . i nc'y.
D.C.
B'-a... q
Page 5 of 5
7-28-1999 9:32AM
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EXHIBIT "e"
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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 per incident
ROOFING:
Dan Ace Roofing
571 Park Drive
Key West, FL 33040
(305) 294-2380
MAINTENANCE PERSONNEL & CARPENTRY
Ed Owcns
(305) 294-5842
PLUMBING:
Tony Herce Plumbing
633 United Street
Key West, FL 33040
(305) 296-9836
PLUMBING:
Frank"s Plumbing
(305) 293-0227
PROPERTY MANAGER:
Ed Cox
524 Eaton Street
Key West, FL 33040
(305) 294-8719
GLASS:
Reflections
U.S. Highway #1
Rockland Key, FL 33040
(305) 296-2664
Exhibit "0"