Item Q07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 21; 2005
Division:
County Administrator
Bulk Item: Yes -L No
Department: Countv Administrator
Staff Contact Person: Connie Cyr
AGENDA ITEM WORDING: Approval of a Lease Agreement between Monroe County and Claude
Haloiva, the Verizon Building for temporary housing for those affected by Hurricane Wilma.
ITEM BACKGROUND: After Hurricane Wilma there became a need for temporary housing ana
shelter tor those in the Middle Keys area who had lost their homes or had severe damage to their
homes as a result of Hurricane Wilma.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approve
TOTAL COST:2500 sq. ft. @ $2.50 per sq. ft.
BUDGETED: Yes
NoL
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No x
AMOUNT PER MONTH Year
APPROVED BY: County Any _ OMB/Purchasing _ Risk Management_~
DIVISION DIRECTOR APPROVAL:
g~ <] Wiili
(Thomas 1. Willi)
DOCUMENT A TION:
Included
x
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2105
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Claude Haliova
Contract #_
EfJective Date:
Expiration Date:
11/8/05
12/06/05
Contract Manager: Connie Cyr
(Name)
4443
(Ex!. )
County Administrator/Stop # 1
(Department/Stop #)
for BOCC meeting on
12/21/05
Agenda Deadline: 12/6/05
CONTRACT COSTS
Total Dollar Value of Contract: $ 6,250,00
Budgeted? YesO No L:;j Account Codes:
Grant: $
County Match: $
Current Year Portion: $
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ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesO NoD
Date Out
Reviewer
Risk Management
Y esO No~
O.M,B./Purchasing /~esO No~
County Attorney Y esO No~
OMB Form Revised 2/27/01 Mer #2
LEASE AGREEMENT
State of Florida
County of Monroe
This Lease Agreement entered into this R 1!.r day of November 2005, between
CLAUDE HALIOVA, 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, bas 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:
I. LEASE LOCATION:
11287 Overseas Highway, Marathon, Florida, which shall constitute an aggregate area of 2500
square feet of net rentable space, at the rate of Two Dollars and Fifty Cents ($2.50) per square foot
per month as further described in (exhibit A), attached hereto and incorporated as part of this lease
document.
II. RENTALS:
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 Mr. Claude Haliova, 7435 Overseas Highway,
Marathon, Florida 33050.
III. TERM:
To have and to hold the above-described premises on a month to month basis as a temporary
shelter not to exceed Sixty Days (60 days) form the first day of occupancy. The Lessor and the
Lessee agree to renegotiate the terms and enter into another lease if at the expiration on this lease
no alternative shelter can be located.
IV. AIR CONDmONING:
The Lessee shall maintain air conditioning equipment in satisfactory operating condition at all
times for the leased premises during the term of the Lease at the expense of the Lessee.
I
V. MAINTENANCE AND REPAIRS:
(I) The Lessee shall, during the term of this Lease, keep the interior and exterior 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 or 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.
(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.
VI. UTILITIES:
The Lessee will promptly pay water, gas, and electric rates or charges which may become payable
during the term of this Lease for water, gas, and electricity used by the Lessee on the premises.
VII. ALTERATIONS:
The Lessee shall have the right to make any minor alterations to the demised premises during the
term of this Lease.
VIII. INJURY OR DAMAGE TO PROPERlY 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.
IX. EXPIRATION OF TERM:
At the expiration of the term, the Lessee \\-ill 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
and/or the American Red Cross shall have the right to remove from the premises all personal
property of the Lessee and/or the American Red Cross and all fixtures, machinery, equipment,
appurtenances, and appliances placed or installed on the premises by it The Lessee shall restore
the premises to as good a state of repair as they were prior to the removal.
X. WAIVER OF DEFAULTS:
2
TIle 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.
XII. 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.
XII. 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,
XIII. USE OF PREMISES:
The Lessor and the Lessee acknowledge that the demised premises are to be used as a temporary
shelter for residents and other persons effected by the recent hurricane. Both Parties understand
and acknowledge that the American Red Cross will manage the premises as a Shelter.
XIV. NOTICES:
All notices required to be served upon the Lessor shall be served by certified mail, return receipt
requested, to Mr. Claude Haliova, at 7435 Overseas Highway, Marathon, Florida 33050, and all
notices required to be served upon the Lessee shall be served by certified mail, return receipt
requested, at the Office of the County Administrator, 1100 Simonton Street, Key West., Florida,
33040.
XV. LEASE TERMINATION:
TIlls lease may be terminated upon 14 days notice by either party to the other pursuant to the
notice requirements set forth in this lease.
XVI. ETHICS 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 othern'ise recover the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
XVII. AMERICAN wrm DISABILmES ACT:
The lessor herein expressly agrees to maintain the subject premises in full compliance with the
American Disabilities Act.
3
XVIII. DEFINITION OF TERMS:
(1) The tenus !!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 refer to the parties hereto.
(3) The singular shall include the plural and the plural shall include the singular whenever the
context so requires or permits.
XIX. ADDITIONAL CONDmONS:
No additional covenants or conditions form a part of this Lease.
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
in the presence of
d..i fu?17il/1
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By /{~d( A.. ~/
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Title: ~)t/'iJ~4,~..
BOARD OF COUNTY COMMISSIONERS
By:
Chairman
Attest:
Clerk
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