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Item C05 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 15. 2004 Division: Public Works Bulk Item: Yes --X- No Department: Facilities Maintenance ~ AGENDA ITEM WORDING: Approval to renew Lease Agreement with Indian Waterways Village Limited Liability Partnership (LLP), on a month to month basis, for the Upper Keys Public Defender. ITEM BACKGROUND: On January 31, 2005, the current Lease Agreement for office space for the Upper Keys Public Defender will expire. In accordance to Article IV of the original agreement dated November 19,2003, the agreement may be renewed on a month to month basis up to one year, until adequate office space can be obtained in a governmental building. The Upper Keys Public Defender will be obtaining office space at the Roth Building when renovations are completed. PREVIOUS RELEVANT BOCC ACTION: On December 10, 1997, the BOCC entered into an agreement with LLP to lease office space for the Public Defender. On January 19,2000 and October 17, 2001, the BOCC approved to exercise the options to renew the lease for additional one-year periods. On November 19,2003, the BOCC approved a new Lease Agreement for office space for a one-year period with an option to renew the lease on a month to month basis up to one year, until adequate office space an be obtained in a governmental building. CONTRACT/AGREEMENT CHANGES: Lease to be on a month to month basis commencing February 1, 2005;rent remains unchanged. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: $1.625.29 ocr month COST TO COUNTY: Same BUDGETED: Yes -X- No SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No-K. AMOUNTPERMONTH_ Year DIVISION DIRECTOR APPROVAL: ;;4/ cf2. Dent Pierce, Director Public Works Risk Management _ X_ l/j3~/v( " APPROVED BY: County Atty ---1L OMBlPurchasing ---X- DOCUMENTATION: Included x To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # M Revised 1/03 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Indian Waterways Contract#_ Effective Date: 02/01/05 Expiration Date: Month by Month Contract Purpose/Description: To renew lease for office space for the Upper Keys Public Defender Contract Manager: Ann Riger 4549 Facilities Maint/Stop #4 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 12/15/04 Agenda Deadline: 11/30/04 CONTRACT COSTS Total Dollar Value of Contract: $ 1,625.29 per month Current Year Portion: $ 13,002.32 Not to exceed Budgeted? YeslZl No D Grant: $ N/ A County Match: $ N/ A Account Codes: 001-69800-530-440- _ - - - - ----- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (e~. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Division Director YesD NoD Date Out Risk Management O.M.B./Purchasing County Attorney Comments: OMB Form Revised 2/27/01 MCP #2 RENEWAL AGREEMENT (Office Space for the Public Defender - Upper Keys) This renewal of lease agreement is made and entered into this 15th day of December 2004, between INDIAN WATERWAYS VILLAGE LIMITED LIABILITY PARTNERSHIP (LLP), 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 November 19,2003, (a copy of which is attached hereto by reference) as follows: 1. To renew the Lease Agreement on a month to month basis up to one year, in accordance to Article IV of the original Agreement dated November 19,2003, until office space can be obtained in a governmental building. 2. In all other respects, the original Lease Agreement dated November 19,2003, 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 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman LESSOR: By: Witness Title: Witness ~y . UZA N . fi.. HUTTON ASSISTA~TJ:iUN~rORNEY Date . ~ ) , . LEASE AGREEMENT State of Florida County of Monroe This Lease Agreement entered into this 19th day of November, 2003, between Indian Waterways Village Limited Liability Partnership (LLP), 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: 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 Tavemier, County of Monroe, Florida, described as follows: I. LEASE LOCATION: Suites No.2 & 3, Indian Waterways Village, 89240 Overseas Highway, Tavernier II. TERM: To have and to hold the above-described premises for a term of one year commencing on February I, 2004, up to and including January 31. 2005. Ill. RENTALS: The Lessor hereby leases to the Lessee 1400 square feet, consisting of Suites NO.2 & 3, and the Lessee hereby leases from the Lessor the above-described premises for the term set out in this Lease and the Lessee hereby agrees to pay the Lessor an amount of$I,625.29 per month or $19,503.48 per year, (3) Rent shall be due and payable on or before the last day of each month beginning with the first full month of occupancy. Rental shall be paid at the office ofPDP Enterprises, Inc., Suite 12, 89240 Overseas Highway, Tavernier, Florida, or at such other place and to such other person, as the lessor may from time to time designate in writing. IV, RENEWAL: ll1is agreement may be rcnewed on a month to month basis up to one year, until adequate office space ean be obtained in a governmcntal building, V HEATING. AIR CONDITIONING. AND JANITORIAL SERVICES ( I ) Air conditioncr filters to be cleaned or replaced as needed by the Lessee, at the expense of the Lessee, Lessor is to repair and maintain air conditioner equipment operating nonnally, at thc expense of the Lessor. (2) The Lessee agrees to furnish janitorial services and all necessary janitorial supplies for the leased premises during the term of the Lease at the expense of the Lessee. VI. LlGHf FIXTURES: The Lessee agrees to replace fluorescent lamp tubes as required at the expense of the Lessee. Lessor shall maintain all light fixtures in good working condition, and will replace same as deemed necessary . VII, MAINTENANCE AND REPAIRS: (1) Lessee hereby accepts the premises in the condition they are in at the beginning of this lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, excepting 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 any fixture, 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. (2) The lessor herein expressly agrees to maintain the subject premises in full compliance with applicable safety codes and standards. Further, the lessor shall be liable for any cost or expenditure associated with said compliance. VllI. UTILITIES: The Lessee will promptly pay all water, power, and electric light rates or charges which may become payable during the term of this Lease for the water, power, and electricity used by the Lessee on the premises. IX ALTERATIONS: (I) The Lessee shall have the right to make any alterations to the demised premises during the term of this Lease upon first having obtained the written consent thereto of the Lessor. The Lessor shall not capriciously withhold the consent to any such alterations. (2) It is hereby understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder, shall be first submitted to the lessor for approval before installation of same, 2 X, PARKING: The Lessor agrees to furnish an adequate number of parking spaces for the Lessee and his clients. XI. INJURY OR DAMAGE TO PROPERTY ON PREMISES: All personal property and fixtures of the Lessee 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 personal property and fixtures of the Lessee. XII. FIRE AND OlHER HAZARDS: (1) 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 repairs and the Lessor will immediately refund the pro rata part of any rentals paid in advance by the Lessee prior to such destruction. Should the premises be only partly destroyed, so that the major part thereof is usable by the Lessee, then the rental shall abate to the e>..1ent 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 commence and the Lease 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 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. XIII. EXPIRATION OF TERM: At the expiration of the term, the Lessee will peaceably 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 fromthe 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. XIV. SUBLETfING AND ASSIGNMENT: The Lessee upon the obtaining of the written consent of the Lessor, which written 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, 3 XV, 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. XVI. 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. XVII. 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. xvm. 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 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 this 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. XIX, ACKNOWLEDGMENT OR ASSIGNMENT: The Lessee upon the request of the Lessor shall execute such acknowledgment 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. XX. A V AILABILrIY 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 . XXI. USE OF PREMISES: TIle Lessec 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 Ordinanccs of Monroe County now in effect or hereinafter adopted, as may be applicable to the Lessee 4 XXII. NOTICES: All notices required to be served upon the Lessor shall be served by certified mail, return receipt requested, at the office of POP Enterprises, Inc., Suite 12, 89240 Overseas Highway, Tavernier, Florida, 33070, and all notices required to be served upon the Lessee shall be served by certified mail, return receipt requested, at the Office of Facilities Maintenance Department, Monroe County Public Works, 3583 S. Roosevelt Boulevard, Key West, Florida, 33040. XXIII. 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. XXIV. RESTRICTIONS (1) Personal and customer/client vehicles shall be parked in the perimeter parking spaces only, Washing or cleaning of vehicles on property is prohibited. (2) Ground floor slab underneath office shall not be used for any purpose whatsoever. (3) All trash shall be placed in plastic bags and properly sealed prior to disposal in trash receptacles located near sanitation plant. XXV. LEASETERMINAll0N (1) This lease may be terminated by the Lessee upon written sixty (60) days notice to the Lessor or after a months term as described in Article IV RENEWAL. (2) This agreement may be terminated without penalty by either the lessor or lessee upon providing a six (6) month written notice mailed or delivered to the other party, and/or in the event that funds from the budget of Monroe County are partially reduced or cannot be obtained or cannot be continued at 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 written notice of termination delivered in person or by mail to the lessor. The Board shall not be obligated to pay for any rental provided by the lessor after the lessor has received written notice of termination. XXVI. 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 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 agrcement as provided in Article XXV(2) above. Further, during the six (6) month notice period provided in Article XXV(2), the lessor shall not be liable for any costs of said compliance above $5,()()O,OO Lessee assumes responsibility for existing and future ADA compliance for interior alterations to the demised premises. 5 XXVII. ETIUCS CLAUSE: Lessor warrants that it has not employed, retained or otherwise had act on its behalf any fonner 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 otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the fonner County officer or employee. XXVIII, PUBLIC ENTITY CRIME: A person or affiliate who bas been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide goods or services to a public entity, 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 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 of36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $10,000.00) XXIX. INSURANCE Lessee shall secure liability insurance, minimum coverage $300,000.00, and name Indian Waterways Village Limited Liability Partnership (LLP) as co-insured along with plate glass window coverage. Proof of policies is required. If Lessee is a public entity, Lessee may substitute a self-insurance program up to limits of and under the terms and conditions ofFS768.28. Proof of an established self-insurance program must be provided to Indian Waterways Village Limited Liability Partnership (LLP). XXX. DEFiNITION OF TERMS: (I) The terms "lease", "lease agreement", or "agreement" shall be inclusive of each other and shall also include any renewals, extensions or modifications ofthis Lease. (2) The tenn "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto. (3) TIle singular shall include the plural and the plural shalt includc the singular whenever the context so requires or permits, XXXI ADDITIONAL CONDITIONS: No additional covenants or conditions form a part of this Leasc. 6 IN WITNESS WHEREOF, 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 ~the pres~ce of / / / ' '-(~ Witnesses ~/~~ eQ~ Witness ~~v6Mv Title:-DlQ L BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA ;/);u >n ~ By: ,;;~.<601J'f~ '~,~~\~'~., ~.;', /.';,;')~~ ~ ~ ./'>~~ .:5()~-; pC":f. / "!:)~} '\1 . ", 2~' 'f".': , "::t,~,?~;<~;-"'u'.'::.':'::,, \:,:_..~\.:<~:' _ .. _.. . - ;"~\\". ... /" /"t E f~ I ' t-- .... .,.~;A~1'T: L;:'LB..~U~ ~ e... ~~~".~. ~ APPROVED AS TO FORM AND LEGALITY: GENERAL COUNSEL MONROE COUNlY FWRIDA MONROE COUNTY ATTORNEY PPROVED AS ..,-1 By: . ..--.., . N T C~Y ATTORNEY /C;' 1/ J / Approval Date 7