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Item C07 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Se.ptember 15. 2004 Division: Public Works . Bulk Item: Yes -X- No Department: Facilities Maintenance TL AGENDA ITEM WORDING: Approval of a Consent to Assignment with Irwin S. Morse, M.D. Assignor, and David & Linda Shield, Assignee, for the change of ownership of the Town Square Mall in Marathon. ITEM BACKGROUND: On July 27, 2004 David and Linda Shield purchased the Town Square Mall in Marathon, where we lease approximately 400 square feet of office space for the Drug Court Counselor. 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 s.f. of office space for the Drug Court Counselor in Marathon. On December 18, 2002 and November 19,2003, the BOCC approved to renew the lease for the first and second one year renewal options. CONTRACT/AGREEMENT CHANGES: To change lease agreement with Monroe County BOCC from Irwin S. Morse, M.D. d/b/a Town Square Mall to David & Linda Shield d/b/a Town Square Mall. Rent amount remains the same. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $6.426.00 per year BUDGETED: Yes -.X- No COST TO COUNTY: Same SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year DIVISION DIRECTOR APPROVAL: OMBeyi ~~~_x_ Dent Pierce, Director Public Wodes APPROVED BY: County Atty -.X- DOCUMENTATION: Included X To Follow Not Required_ DISPOSITION: AGENDA ITEM#-~ R.evisedl103 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONfRACTSUMMARY Contract with: Town Square Mall Contract # Effective Date: Expiration Date: 07/27/04 01/15/05 Contract PurposelDescription: Consent to Assi em b c e of ownershi from Irwin S. Morse, M.D. to David & Linda Shield. Contract Manager: Ann M. Riger (Name) 4549 (Ext. ) Facilities Maint/Sto #4 (Department/Stop #) for BOCC meetin on 09/15/04 enda Deadline: 08/31/04 CONfRACT COSTS Total Dollar Value of Contract: $ 6,426.00 Budgeted? Y es~ No 0 Account Codes: Grant: $ N/ A County Match: $ N/ A Current Year Portion: $ 535.50 001-83001-530-440- - - -- - - -- - - - - ----- - - - - ---- ADDmONAL COSTS Estimated Ongoing Costs: $-'yr For: (Not included in dollar value above) (eg. mmnrenance, utilities, janitorial, salaries, etc.) CONfRACT REVIEW County Attorney Changes 5l~~el ~O. Needed W, YesDNog Wm YesDNo0' :(Pi'A1 YesONOB"...,ft.,t ~ ~/J';Q'I YesO Nor:;V'J~ Date Out Division Director Risk Management O.M.B./Purchasing Comments: OMB Form Revised 2/27/01 MCP #2 CONSENT TO ASSIGNMENT ., This Consent to Assignment is entered into this 15th day of September, 2004, by and between Monroe County, a political subdivision of the State of Florida, hereafter County, Irwin S. Morse, M.D. Assignor, and David & Linda Shield d/b/a Town Square Mall, hereafter Assignee, the parties agreeing as follows: 1. The County leases approximately 400 s.f. of office space at the Town Square Mall Unit #205, Marathon, Florida, through an Agreement dated January 16, 2002, hereafter the original agreement, and renewed for two one-year terms on December 18, 2002 and November 19,2003. The original agreement and renewal agreements are attached and incorporated into this Consent to Assignment. 2. By a change of ownership effective July 27, 2004 from Irwin S. Morse, MD., Assignor, to David & Linda Shield, Assignee, the Assignor assigned to Assignee all the Assignor's rights, title and interest in the original agreement. 3. Monthly rent payments shall be made payable to the Town Square Mall, and send to Key West Mini Storage, 920 Vrrginia Str~ Key West, FL 33040. 4. In consideration for such consent, the Assign,~ agrees to be bound by all the tenns and conditions of the original agreement, as amended above to provide for payment to be made to the assignee. (SEAL) AT'lEST: DANNY L. KOUIAGE, a.ERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUN1Y, FLORIDA By Deputy Cleik Mayor/Chairman Witnesses : David & Linda Shield d/b/a Town Square Mall By: Witnesses: Irwin S. Morse, M.D. By: RENEW AL AGREEMENT (Office Space for Drug Court Counselor - Town Square Mall, Marathon) This renewal of lease agreement is made and entered into this 19th 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: L 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. .. ~. .;'.. ..}:....;-_.._-,..l' ,;.r",.~ ',:~~ WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and }i~~rtten above 'J::~?:~~J~/'.'. . .~-}:~1:te~::;DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS ,-. -.- . - OF MONROE COUNTY, FLORIDA By: G~~ Deput lerk By ~.e.-~ M r/Ch81rman ~'i .... I ..' L 6-- L. L.t-I .~ ~ 1 /::1 C. L..e( (<:::( LESSOR: IRWIN S. MORSE, M.D. d/b/a TOWN SQU~ MAll. By: " /\.IV-... ~ ~ --n Witness ~<-=,<<L:fS~/~ v' < 'J ('-W'ness Title: C)\A)\-\ ~ _______ RENEWAL AGREEMENT (Office Space for Drug Cowt Counselor - Town Square Mall, Marathon) This 'cnewal of lease agreement i. made and ent~ into this J 8th day of Decemb..., 2002, betw-IRWIN S. MORSE, MD. d/b/a TOWN SQUARE MALL hcrcioatler <:ailed the Lessor; and the BOARD OF COUNTY COMMIsSIONERS OF MONROE COUNTY, FLORIDA, hereioafte,- called the Lessee, in order to renew the cem.in I.... "8Ieement dated January 16111 2002, (a copy of which is attached hereto by reference) as follows: L In accordance with Section IV of the original Lease Agreement dated January 16,2002, the Agreement shall be renewed fur the !iut of two one year options, COlDlnencing 00 January 16, 2003, and terminating January 1St 2004. 2 In accordanee with the third sentence of Sectioo n of the original Lease Aan:emeot, rent 'hall be ina-eased by the CPI-U 10, the most 'ecent twelve months available (2.0'/,). from $6,300.00 annually 10 $6,426.00 annually. or from $525.00 pel" month 10 $535.50 per month. 3. In all other respects, the original Lease Agreement dated January 16, 2002 remains in full force and effect. By: BOARD OF COUNTY COMMISSIONERs OF MONROE COUNfY, FLORIDA ~~J~ >n ~ G...~ By Deputy Clerk APPROVED AS TO f M AND.lEGAl SUffl 8Y Mayor/Cbainnan It{~ <; :?-. f)c;,Q--'lJ?4- ------.-----.. -.--........--.- ~. ness . -_~G;Jd~775_ 11Ile~s / By: .-.() Title' CA.v.Y1 \~: .__ LEASE AGREEr..,ffiNT State of Florida County of Monroe This Lease Agreement entered into this 16th day of January, 2002, by and between IRWIN S. MORSE, M.D. d/b/a TOWN SQUARE MALL, party of the 1Vst part hereinafter calIed the lessor and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNlY, FLORIDA, party of the second part hereinafter called the lessee. WITNESSETII 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 LOCA nON Town Square Mall Unit #205, Marathon, Florida which shall constitute an aggregate a.rea 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 ~d 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 cents ($525.00) per month. The lease amount agreed to herein might be adjusted annually in accordance willi the percentage change in the Consumer Price Index for all url:>an 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. TIle reutal shall be paid to tlle lessor and mailed to Irwin S. Morse, M.D. d/b/a Town Square Mall, 15 I S.E. 15 Road, Floor Ten, Miami, FL 33129, prior to the last day of the month. lli. TERM To have and to hold the above described premises for a term of one (I) year commencing on dIC date of execution by Dr Irwin S. Morse, or approval of the Monroe County BOCC, whichever is later. J/J~/03 -IIJS/Oc{ TV. RENEWAL 1111,10 ~ _ dJ(~/o3 llIis agrccmcnt may be rcnewed atthc option of the lessee for two (2) additional one (I) year pcriod~ lllis option shall he execllkd only upon approval of the Board of County Commissioners. V AIR CONDrTIONING AND JANITORIAL SERVICES I . The lessor al~recs to furnish to tile lessee air conditioning equipment to be used during normal busincss hours, a.nd shall enSure tlIat same is operational and functional during thc time of this lease. 'Illc lessor hcr cin expressly agrees to be responsible for all costs associated with maintenance and I. t Ii } ~ 100Z 1 \\ \~ r\ operation of tIle an c.onditJoning 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 I. The IC?ssee shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement ofwom 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 deI11ised 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 lcase upon first having obtained tlle written consent of the lessor. The lessor shall not capriciously 'withhold the consent to any such alterations. IX INJURY OR DAMAGE TO PROPERlY ON PREMISES All property of any kind that may be on thc prcmises during tllC continuance of this lease shall bc at t1le sole risk of the lessee and cxcept 1(.)/ any negligcnce of the lessor, tllC lessor shall not bc liable to the lessce or auy other pcrson for any injury, loss 01 damage to property or to any person on t1le premises. X FIRE AND OTHER HAZARDS I . In the event that tlte demised premises or thc major part thereof are destroyed by fire, lightening, stonll or otIler casually, the lessor at its option may forth\,,'ith repair tIlC damage to such dcmised prcmises at its Own cost and expense Ollie rental tIlercoll shall ceasc until the completion of such 2 repairs and the lessor will inuuediately refund the pro rata part of allY rentals paid in advance by the lessee prior to such destruction. Should the premises be only partly destroyed so that the major part thercof is usable by the lessee, then the rental shall abate to the eJ\..1.ent that ilie injured or damaged part bears to the whole of such premises and such injury or damage shall be rcstored by the lessor as speedily as is practicable and upon the completion of such repairs, the full rcntal 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 ~ba1. 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 EXPIRA nON OF TERM At the expiration of the tenn, 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, 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. :xn SUBLETIING AND ASSIGNMENT The lessee upon the obtaining of the written consent of the lessor, which consent shall not capriciously be withheld, shall have fue 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, tcons, or conditions of this lease shall not be construed as a conscnt, 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 constr\lOO as a waivcr of any subsequcnt breach of any duty or covenant imposed by this lease. xv RIGHT OF LESSOR TO INSPECT TIle lessor at all reasonable times during regular business hours may cntcr into and upon the demised premiscs for tJle pUl]lOSC of vicwing tJle same and for the purpose of making any such repairs as thcy are required to make under thc t.cmlS of this lease. Repairs shall be limited to non-business hours unless an emergency situation exisl" XVI BREACH OF COVENANT [[tIte lessee shall neglect or [ail to perform or observe any covenant hcrein contained, which on the lessee's pan is to be pcrf()nned and such de[ault shall continue for a period of tJlirty days after receipt of written notice thereof hom the Icssor to tJle lessee then tJlC lessor law[ully may, immediately or any timc tJlcreaft.cr, and without fll/1her Ilotice or demand cnter into and upon the demised premises or any part thereof and 3 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 prejudlcc 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 The lessee upon the request of the lessor shall execute such acknowledgem~t or acknowledgments or any assignment or assignments of rentals and profits made by the lessor to any third person, finn 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 occupancy 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 nnder Section 768.28, Florida Statutes, and up to the maximum amount set forth in that statute. Notwithstanding anyt.hing to the contrary in this lease. Lessee waives all rights to recovery, claims or causes of action against the lessor and its, at.torney-in-fact, agents, trustees, execut.ors 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 tJIC lessor shall be SCIVed by ceItified mail, rctum receipt requested to Irwin S Morse, M.D., d/b/a TowIl Square Mall, 151 S.E 15 Road, Floor 10, Miami, FL 33129, and all notices rcquired to be served upon the lessee shall be selved by cCI1ified mail, rctum rccciPU:cquestcd to the DivisioIl of Public Works, Facilities Ma.llltcnancc Department, 3583 S. Roosevelt Boulevard, Key West, FL 33040 4 '\t. xxn RADON GAS NOTIFICA nON 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 TERMINA nON This lease may be tenninated 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 E11llCS CLAUSE 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, 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 wrrn 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 fu.cilities 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 ilie 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: wiili 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 Two for a period of 36 months from the date of being placed on the convicted vendor list.(Catcgory Two $10,000.00). XXVII DEFINITION or TERMS 'OIC tenns "lease" "lease agrcemcnt" or "aI,'Tccment" shall be inclusive of each othcr and shall also includc any renewals, extensions or modifications of this lease. 2. 'Illc tClm "lessor" and "Iesscc" shall include the successors and assigns for the partieS-hercto. 3. The singular shall include thc plural and the plural shall include the singular whencver the contcxt so requircs or pClmits XXVIII ADDITIONAL CONDITIONS 5 . ,ei(. .~ . " .' ~.. . ....i. Signed, Sealed and Delivered '..' in the presence of: It ~- It; ,;,/; ~~ ~ No additional covenants or conditions furm a part of this lease IN WITNESS WHEREOF the parties hereto have hereunto executed this inst:ruPIent for the pwpose herein expressed the day and year above written. ORIGINAL SIGNATIJRES REQUIRED ON ALL COPIES ~~:t~1) ~~. ~. ~f4o '2..- Title: BOARD OF CO MONROE CO By: COMMISSIONERS ORillA el of Monroe County, Florida .{~' It' ~". I........ ..".-. < ~t ." lJ'" ": ,.,,' 1'\ '.,' -"I- :,,; " .. .'~ ~~{ ii.\!> "....' ~I- .' .. Ii':', i"i '~t .",>:, .. ~~: 6