Item B13BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: February 15, 2006
DIVISION: Public Works
BULK ITEM: Yes x No DEPARTMENT: Facilities Maintenance
STAFF CONTACT PERSON: John Kin
AGENDA ITEM WORDING: Approval to enter into a lease agreement with Independent
Mortgage and Finance Company, Inc. for office space for the 16t' Judicial Circuit's Mediation
Program.
ITEM BACKGROUND: The Mediation Coordinator and Assistant need office space and Unit
204A at 600 Whitehead Street, Key West, is available.
PREVIOUS RELEVANT BOCC ACTION: none.
CONTRACT/AGREEMENT CHANGES: n/a - new agreement.
STAFF RECOMMENDATION: Approval.
TOTAL COST: $7,200/yr. or $600/mo. BUDGETED: Yes: x No:
COST TO COUNTY: same SOURCE OF FUNDS: Misc. S ecial Revenue
REVENUE GENERATED: Yes No x
APPROVED BY: County Atty: _ OMB/Purchasing: Risk Management:
DIVISION DIRECTOR APPROVAL: »,
Dent Pierce
DOCUMENTATION: INCLUDED: x NOT REQUIRED:
DISPOSITION: AGENDA ITEM #:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Independent Mortgage and Contract #
Finance Company, Inc. Effective Date: March 1, 2006
Expiration Date: February 28, 2007
Contract Purpose/Description: Offices ace for the 16a' Judicial Circuit's Mediation Program.
Contract Manager: Beth Leto
(Name)
for BOCC meeting on: February 15, 2006
4560 Public Works - #1
(Ext.) (Department/Stop #)
Agenda Deadline: January 31, 2006
CONTRACT COSTS
Total Dollar Value of Contract: $7,200/yr.
Budgeted? Yes® No ❑
Grant: $
County Match: $
Estimated Ongoing Costs:
(Not included in dollar value above)
Current Year Portion: $4,200
Account Codes: 158-82010-530440
ADDITIONAL COSTS
For:
(e.g., maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Division Director
Dat In
f
Needed
Yes❑ No❑
Rev' er Date Out
lot,
Risk Management
Yes[:] No[]-'
I
O.M.B.[Purchasing
i 0
Yes❑ No❑
9
County Attorney A
Comments: a
YesXO
01/24/06 'IUE 15:33 FAX 305 294 5354 IA'i & LM
U 002
This AgreeMent entered into this 15th day of February, 2006, between
INDEPENDENT MORTGAGE AND FINMCE C a Florida corporation
COMPANY, INC., apolitical
(hereinafter Owner or Lessor), party of the first part; and NROE COUNTY,
a second
subdivision of the State of Florida (hereinafter Tenant or Lessee), party
of tpart.
WITNESSETH
PART ONE
That the Lessor does lease unto Lessee professional offer space upon the following
conditions:
1. The leased space, known as Unit 204-A, is identified in the attached Exhibit A, and
is leased for the exclusive benefit of the le Judicial Circuit and the
Monroe Board of County Commissioners.
2. Owner discloses that all units, including Unit 204 A, of the proles commonly
mown as 600 Whitehead Street OUR COURTHOUSEverted into a CONDOMINIUM. A um fu4l to be
legal
called JACKSON SOUAFt
description of the property is found in attached Exhibit B.
3. The term is for twelve months, beginning on the 1 st of March, AD 2006
("The Effective Date`) and ending on February 26, 2007,
4. The total rent is seven thousand, two hundred dollars ($7,200), payable in 12
equal monthly installments of $600. the first payment being due 30 days after the
Effective Date and on the first day of each succeeding 30-day period-
s. All payments small be made promptly in accord with the Florida Loral Government
Prompt Payment Act (F.S. 21 8_70)_
01/24/06 'I E 15:34 FAX 305 294 5354 IAT & IMF
Q003
6. Utilities to be furnished by the Lessor as Lessor's cost during normal office hours
are electricity for ordinary office use and air-conditioning, water for restroom use,
and sewer. In addition. Lessor shall pay for cleaning of common areas (restroorns,
hallways, elevator, and stairs). Normal office hours ae
A.M.to �.t3Q P.Mnday through .
b
(excepting holidays observed y Monroe County) from 8
i. Lessee shall be responsible for cleaning its own office area and for disposal of the
solid waste it produces.
8. Use of the premises is restricted to office space for Monroe County.
g Lessor waives demand for a security deposit from Lessee_
■ &O,
The following express stipulations and conditions are made a part of this lease and are
hereby assented to by the lessee:
FIRST:
lessee shall not assign this lease, nor sub -let the premises, or
any part thereof nor use the saute, or any part thereof, nor permit the same,osrtake any
r any part
thereof, to be used for any other purpose than as above stipulated, nor
alterations therein, and all additions thereto, without the written consent of the lessor.
Lessor agrees that the right to sublet will not be unreasonably withheld;
however, lessor
reserves the right to approve a transfer of the lease and this approval will require a
verification of the sub -lessee's credit. All additions, fixtures or improvements which may
be made by lessee, 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. tamed or moved in the premises above
SECOND: All personal property p
described shall be at the risk of the lesser; or owner thereof, and lessor shall not be liable
for any damage to said personal properly, or to the lessee arising from the bursting or
leaking of water pipes, or from any act of negligence of any co -tenant or occupants of the
building or of any other person whomsoever. with all statutes,
THIRD: That the tenant shall promptly execute and comply
ordinances, rules, orders, regulations and requirements of the Federal, Slate and City
Government and of any and all their Departments and Bureaus applicable to said
premises, for the correction, prevention, and abatement of nuisances or other grievances,
in, upon, or connected with said premises during said term; andshall also
Promptly
comply with and execute all rules, orders and regulations of the applicable fire p
codes for the prevention of fires..
FOURTH: In the event the premises shall be destroyed or so damaged by fire
0
01/24/06 TUE 15:34 FAX 305 294 5354 IA'I'_ &_ IMI- 1�1004
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 ninety days therefrom. If the damage was caused by this Lessee, whether
through negligence or its act, then rent shall not be abated and Lessee shall be liable for
the damages_ If the damage or destruction was not caused by this Lessee, whether
through negligence or his act, then the rent shall be abated during the period of repair. If
said premises are not rendered tenantable within said time, 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.
FIFTK: The prompt payment of the rent for said premises upon the dates
named, and the faithful observance of this Lease are the conditions upon which the
Lease is made and accepted and, failon the part of the ure
see to comply with the
terms of said Lease shall, at Lessor's
option, work a forfeiture of this contract and of all of
lessee's rights hereunder.
SIXTH:if the lessee shall abandon or vacate said premises before the end
of the term of this lease, or shall suffer the rent to be in arrears, the lessor may, at his
option, forthwith cancel this lease or he may enter said premises as the agent of the
lessee, without being liable in any way therefor, and relet the premises with or without any
furniture and equipment that may be therein, as the agent of the lessee, at such price and
upon such terms and for such duration of time as the lessor may determine, and receive
the sent therefor, applying the same to the payment of the rent due by these presents,
and if the full rental herein provided shall not be realized by lessor over and above the
expenses to lessor in such re -letting, the said lessee shall pay any deficiency, and if more
than the full rental is realized lessor will pay over to said lessee the excess on demand.
SEVENTH, Lessee agrees to pay the cost of collection and ten percent
attorney's fee on any part of said rental that may be collected by suit or by attorney, after
the same is past due.
or any of his
EIGHTH: The lessor, s agents, upon twenty-four (24) hours notice,
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 to exhibit said premises,
and to put or keep upon the doors or windows thereof a notice "FOR RENT' at any time
within thirty (30) days before the expiration of this lease. The right of 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.
NINTH: Lessee hereby accepts the premises in the condition that 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 thereonder this d term, agreement, and to make
ng only
reasonable wear and tear arising from thetomor
good to said lessor immediately upon demand, any damage to water apparatus,
electric lights or any fixture, appliances or appurtenances of said premises,ct or inn the
the
building, caused by any act or negleof lessee, or of any person or persons
0
01/24/06 TUE 15:35 FAX 305 294 5354 IAT & Jiff' (Ap05
employ or under the control of the lessee.
TENTH: It is expressly agreed and understood by and between the parties to this
agreement, that the landlord shall not be liable for any damage or injury by water, which
may be sustained by the said tenant or other person or for any other damage or injury
resulting from the carelessness, negligence, or improper conduct on the part of any other
tenant or agents, or employees, or by reason of the breakage, leakage, or obstruction of
the water, sewer or soipes , or for ather leakage in or about the ny damage to the premises by said
reasonbuilding.
ofblockageeof
Lessor holds Lessee harmless
sewer or public water.
ELEVENTH: This contract shall bind the lessor and its assigns or successors,
and the heirs, assigns, personal representatives, or successors as the case may be, of
the lessee.
TWELFTH: 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_
THIRTEENTH: It is understood and agreed betweenthe
pas leased hereunder that
written shell
notice by certified mail or hand -delivered to the premises
constitute sufficient notice to the lessee and written notice by certified mail or hand -
delivered to the office of the lessor shall constitute sufficient notice to the lessor, to
comply with the terms of this contract; however, lessor also shall deliver or mail by
certified uS Mail notice to Contract Monitor, Facilities Maintenance at 3533 South
Roosevelt Blvd_, Key West, FL 33040.
FOURTEENTH: € the ilessorr to exercise promptly anys of the lessor under the rr foregoing
given llbe hereunder ashall
and failure on the part
not operate to forfeit any of the said rights.
FIFTEENTH: it is further understood and agreed between the parties hereto that
any charges against the lease by elessor for services accrui g under this r for work done on the premises
by order of the lessee or otherwisecontract shall be considered as
rent due and shall be included in any lien for rent due and unpaid.
SIXTEENTH: it is 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
to said premises by �he lessee shstl be at lesfore see
of same. Further, any improvements
expense and shall be first submitted to the lessor for approval.
SEVENTEENTH- RADON GAS NOTIFICATION-. Radon is a naturally occurring
radioactive gas that, when it has accumulated in a building in sufficient quantities, may
present health risks to person's health who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from your
county public hearth unit.
EIGHTEENTH: Lessee acknowledges that it is self -insured as a political
subdivision of the State of Florida and shall treat the Lessor as an additional insured if suit
for liability be brought against Lessee for its operations and alleged negligence at the
0
01/24/06 TUE 15:36 PAX 305 294 5354 1AT & EMF__ [a006
premises.
NINETEENTH- LESSOR'S REMEDIES ON DEFAULT. If lessee defaults in the
payment of rent, or any additional mnmentdefaults
lessor may give lessee noormance tice of such default
f any of the other
covenants or conditions of this agreement, days,
and if lessee does not cure any rent, or additional rent, default within fifteen (15 )
after the giving of such notice (car if such other default is of such nature that it cannot be
completely cured with such period, if lessee
does not commence such and uring within such
fifteen (15) days and thereafter proceed � hreasonable diligencen good faith cure
such default), then lessor may terminate this lease on not less than ten days' notice to
lessee and the lessee shall have the option to remove all equipment, tables and furniture.
TVVENTIETH: SUBORDINATION OF LEASE. This lease shall be subject and
subordinate to all underlying leases and to mortgageswhich the premises
� es form a part„ and
which may now or
hereafter affect such leases on the real property of
also to all renewals, modifications, consolidations, and replacements of underlying
nit
leases and the mortgage and trust deeds. Further. Les ackno 4 es that
thisSON
205 (along with all other units in the property) sbeing
the JAC
SQUARE COURTHOUSE CONDOMINIUM. bLessee
d n� on rar�d��itlommentnames
agreements;
attorney -in -fact for the execution o y
however, if requested by owner or Iend�In�L nS n� gh� ofsto non -di t�rbance duringute any the
documents provided such documents m
term of the Lease as long as Lessee is not in default. r (entity) warrants that it had not
TWENTY-FIRST; ETHICS CLAUSE. Lesso
employed, retained or otherwise had
Section 2 of Ordinact on its lf any former County officer or
ance No. 10-1 90 or any other
employee subject to the prohibition
County officer or employee in violation of Section 3 or Ordinance
No. 020-1990. this
For
breach or violation of this provision the County may,
in its discr, contract without liability and may also,
the full amountf'on, deduct from the contract or
any fee, commission,percentage,
purchase price, or otherwise recover
gift, or consideration paid to the former County officer or employee.
TWENTY-SECOND: PUBLIC ENTITY CRIME STATEMENT. "A person or
affiliate who has been plate on the convicted vendor list following goods conviction
nvior to
entity crime may not submit a bid on a contract to provide any g
public entity, may not submit a bid on a contract with a public entity for the construction or
of real property
repair of a public building or public wok may perform ot subitas I as ses contractor, supp eo
public entity, may not be awardedp tract with any public entity, and may not transact
business with any public entity in n excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed
on the convicted vendor list.
TWENTY-THIRD- The obligations of theLes nder this annually forase Agreement
is purposes by
are subject to the availability of funds lawfully appropriated
the Monroe County Board of County Commissioners.
9
01/24/06 TUT 15:36 FAX 305 294 5354
& 1MF Q 007
IN WITNESS WHEREOF, the parties have executed this instrument.
(Seal)
Attest:
"Seal"
Attest:
Danny L. Kolhage, Cleric
0
INDEPENDENT MORTGAGE AND
FINANCE CO., INC.
S G Carter, Managing Director
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ri�?i�i ?JL COUNTY AT I0
Ap.pt OOVED AS TO FO
A N N E 1A, t-ILYT (DN
AS91STAN T GOU/ y A n O,TiNEY
�J/.UUL
JACKSON SQUARE
COURTHOUSE
2ND FLOOR PLAN
kX h i 4 i t" ;4
WHITEHEAD STREET
NOTE: DIMENSIONS t
Jackson Square Cautt mse
600 Whitehead Street Key! Writ FL. 3W40
CONDOMINIUM SURVEY ,:I
46
$tlNf t^� 1P - saw rwtr. u*w ( a, r r r_
102-1-11
FREDERICK H. HILDEBRANDT
ersc�sF.R stmveroR
31in NWOMIde UMe
Oft 201
K" VA1 K FL 3W4O
Ml ZM-0 0
Fax P05) 2S37
JACKSON SQUARE
COURTHOUSE
11QAL DESCRIPTION.
On the Island of Key West, Monme County. Florida, -and known on ,the .map of said
City of Key West, delineated in Februory, A.D., 1829. by William A. Whitehead as
Port of tot Number Two (2). in Square Number Sixty --Three (63) and more
Pofticulorly described as commencing at the Southerly corner of SQUthard Street
and Whitehead Street, and running thence Southeasterly along the Southwesterly
side of Whitehead Street Fifty (50) feet; thence ut right angles in a Southwesterly
direction Sixty-kTwo (62) feet; thence at .right angles in a 'Northwesterly direction
Fifty (50) feet . to the Southeasterly, side of Southard Street; thence . running
Northeasterly along the said Southeasterly side of Southard Street Sixty --Two (62)
fact to the Place of Beginning.
LESS
On the Island of Key West, Monroe C4:lnty, Florida, and known on the neap of said
City of Key West, delineated in February. A.D., 1829, by W€Iliorn A. Whiteheod as
Part of Lot 2. _in Square 63 and more particularly described as commencing trt
the Southerly corner of Southard Street i3nd Whitehead Street. and running thence
Southeasterly along tree- Southwesterly side of Whitehead Street 50 feet; thence at
right angles in o Southwesterly direction 61 feet to the Point of Beginning of the
-Parcel hereinafter described; thence continue Southeasterly one foot; thence at
right angles in a Northwesterly direction Fifty .(So) ..feet to the Southeasterly .side
-of Southard Street; thence running hioftheasteriy along the good. Southeasterly side
of Southard Street one foot; thence Ot right angles in a Southeasterly direction 50
feet to 'the Paint of 'Beginning.
subject to an easement for ingress and egress along the Westerly .side.:of said
Propel described as follows..
On the Island of Key West, Monroe County Florida, and known on -the znop of -said
City of Kay West, delineated In February. A.D., 18" by William A. Whitehead 03
Part of •tat 2, in Square 63, and more particularly described as commencing at
the Southerly comer of Southard Street and Whitehead Street, and running thcnca
Southeasterly a" the Southwesterly side of Whitehead Street 50 feat; thence at
right angles in a Southwesterly dtr0.etlon 61.0 feet. thence at -right angles in a
Northwesterly direction 6.0 feet to the Point of Beginning; thence continue
Northwesterly on the. Westerly boundary line of said Propaly Q distance of 44.0
feet to a point on the -Southerly .right -of way of Southard Street; thence at right
angles In a Northeasterly direction, on the Southerly right of way of Southard
Street a distance of 5.3 feet; thence at right angles in a Southeasterly direction
along the Westerly foo pf Q two—stQry building a distance of '44.0 feet; thence at
right angks in a Southwesterly direction a distance of 5.3 feet bock to the Point
of Beginning.
Jacimm Square Courthouse
6M Whlehesd Strut Key West FL, 33040
CONDOMINIUM SURVEY 06.148
182-4-11
SHM 1[3 OF U
FREDERICK H. HILD€BRANDT
MNMR duAvrion
3152 fioanwa 06A
SUM 2M
+ter vats. FIL moss
MG) 293-e40
Fax. 90) 204=7