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Item C17BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 15, 2012 Bulk Item: Yes XX No Division: Public Works/Engineering Staff Contact Person: Alice Steryou/Pedro Mercado AGENDA ITEM WORDING: Approval of sub -lease agreement with Ron Saunders. ITEM BACKGROUND: The County entered into a lease agreement with Strombus Corporation to provide office space to the Public Defender's office which the County is obligated to do under the Florida Statutes. The lease was entered in to on March 161, 2011, and provided the Office of the Public Defender with 5,515.83 sq. ft of office space. The lease provided for an additional 1,823 sq. ft of office space at an additional cost $1,308.04 per month for a total of 7,338.83 sq. ft of office space for a total cost of $22,754.09 per month. On November 8, 2011, the County received a letter from Rep. Ron Saunders stating that he, Rep. Saunders, had been offered the use of a room by the Public Defender Ms. Rosemary Enright. Since the county is the lessor of the offices for the Public Defender, Rep. Saunders was contacting the County to request County approval for use of the space. This sub -lease was then prepared. PREVIOUS RELEVANT BOCC ACTION: Approved the lease agreement at the March 2011. regularly scheduled BOCC meeting. CONTRACT/AGREEMENT CHANGES: Sub -leases 216 sq. ft. of the leasehold to Rep. Saunders. q p STAFF RECOMMENDATIONS46 : Approval TOTAL COST: -0- INDIRECT COST n/a BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: n/a COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No X AM NT PER MONTH Year APPROVED BY: County Atty _ OMB/Purc asing Risk Management DOCiTMENTATION: Included X Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # 90311 overseas Highway, Suite A Post office Box 699 Tavernier, Ft 33070 305.853.1947 November 8, 2011 316 The Capitol 402 South Monroe Street. Tallahassee, F1 32399 850.488.9965 Florida House of Representatives Ron Saunders State Representative, District 120 Democratic Leader ron-saunders@mvfloridahouse.gov Mr. Roman Gastesi Monroe county Administrator 1100 Simonton Street Suite 205 Key West, FL 33040 Gear Roman, Pudic Defender Rosemary Enright has offered the use of one room in her offices at 801 Eisenhower Drive, Key West, to be utilized by me as a district legislative office. My main office will continue to be on Plantation Key so I would anticipate using the Key West office at most one day a week. Since the county is apparently the tenant listed on the lease, I request your approval for use of the room. The approval would be on a month to month basis subject to termination by the county or me upon 30 day written notice. Please contact me if you have any questions or comments. Sincerely, Ron Saunders State Representative District 120 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Representative Ron Saunders Contract # Effective Date: Feb. 15,2012 Expiration Date: Feb. 14, 2013 jl%rtl Contract Purpose/Description: Sub -lease for 216 sg. ft. of omce s ace at the Public Defender's office at 801 Eisenhower Drive,- Key West. FL Contract Manager: Alice Steryou 4549 Public WoLk en�g �n ne #4 (Name) (Ext.) (Department/Stop for BOCC meeting on Feb. 15, 2012 ALenda Deadline: Jan = 31, 2012 CONTRACT COSTS Total Dollar Value of Contract: Current Year Portion: Budgeted? Yes[] No E] Account Code: Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ /vr. For Lot included in dollar value above (e.g., maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIIEW Changes Date Out Date In Needed ,eviewer Division Director Yes[] NoE 9( � e Risk Managem ent YesE] NoL] '-�� , � �� �� O.M.BJPur as'ng Yes[] No[Z jt --.51 �Iz V County Attorney Yes[] No[2 (? rj r­ o fhe-rcidu '�' i - 11�1 __. _?- 1. I Comments.- SUB -LEASE AGREEMENT MONROECOUNTY RON SAUNDERS THIS SUB -LEASE AGREEMENT is made and entered into on the 15th day of February, 2012, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "LESSOR" or "County", whose address is 1100 Simonton Street, Key West, Florida, 33040, and Ron Saunders, State Representative District 120, hereinafter referred to as "SUB -LESSEE" or "Tenant" whose address is 316 The Capitol, 302 South Monroe Street, Tallahassee, Florida 32399-1300, agree as follows: 1. LESSOR shall lease to SUB -LESSEE 216 square feet of office space located at 801 Eisenhower Dr., Key West, Florida 33040 as shown in Exhibit 1. 2. SUB -LESSEE shall have and hold the leased premises for the period beginning February 15, 2012 and ending February 14, 2013. SUB -LESSEE agrees to peacefully surrender the premises upon the ending date of the lease. 3. The monthly rent shall be $0. 4. This SUB -LEASE may be terminated by either party giving 60 days prior written notice to the other party. The commencement date of such termination notice shall be the date such notice is delivered or, if mailed, the date such notice is postmarked. SUB -LESSEE agrees to peacefully surrender the premises upon such termination of the lease. 5. LESSOR expressly acknowledges that neither the Florida House of Representatives ("HOUSE") nor its officers are liable for the performance of the SUB -LEASE. SUB- LESSEE shall be solely responsible for the performance of the SUB -LEASE and LESSOR expressly agrees to look solely to SUB -LESSEE for such performance. 6. Any amendment to the SUB -LEASE must be in writing and signed by the LESSOR and SUB -LESSEE. 7. Any provision in the SUB -LEASE purporting to require the payment of a security deposit shall have no force or effect. Furthermore, any provision in the SUB -LEASE purporting to vary the dollar amount of the rent specified in the SUB --LEASE by any cost of living clause, operating expense clause, pro rata expense clause, escalation clause, or any other adjustment or measure during the term of the SUB -LEASE shall have no force or effect. The parties agree that any charges for default, early termination, or cancellation of the SUB -LEASE which results from actions taken by or on behalf of the SUB -LESSEE shall be the sole responsibility of the SUB -LESSEE. 8. In the event SUB -LESSEE dies, resigns, or is removed from office during the term of this SUB --LEASE, this lease will automatically terminate. 9. LESSOR agrees to promptly notify SUB -LESSEE in writing in the event LESSOR sells, transfers, or otherwise disposes of the leased premises; in the event LESSOR is placed in bankruptcy proceedings (whether voluntarily or involuntarily); in the event the leased premises is foreclosed upon; or in the event of any similar occurrence. 10. LESSOR agrees to maintain in good order, at its sole expense, all public and common areas of the building including, but not limited to, all sidewalks, parking areas, carpets, elevators, escalators, entryways, exits, alleys, and other like areas. LESSOR also agrees to maintain, repair in good order, or replace as needed, at its sole expense, all structural and other components of the premises including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors, foundations, carpets, fixtures, and all mechanical, plumbing, electrical and air conditioning/heating systems or equipment serving the premises. LESSOR shall be liable for any damage, either to persons or property, sustained by SUB -LESSEE or any of his or her employees or guests, caused by LE S S OR's failure to fulfill its obligations under this paragraph. 11. LESSOR agrees that neither SUB -LESSEE nor the HOUSE nor any of the HOUSE's officers or employees will indemnify or hold harmless LESSOR against any liability of LESSOR to any third party that may arise during or as a result of the SUB- LEASE or SUB-LESSEE's tenancy. 12. LESSOR shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements, and with all local and state building codes, safety codes and handicap accessibility codes (including the Americans with Disabilities Act). 13. Unless the clear meaning requires otherwise, words of feminine, masculine or neuter gender include all other genders and, wherever appropriate, words in the singular include the plural and vice versa. 14. This SUB -LEASE is entered into as the result of a bona fide, arms -length, marketplace transaction. The LESSOR and SUB -LESSEE certify that the parties are not relatives nor have had, or continue to have, a professional or legal relationship (except as a landlord and tenant). 15. The SUB -LESSEE certifies that the office space that is the subject of this lease is located within the district for which the SUB -LESSEE was elected to represent. 16. LESSOR Acknowledges that any property located on the Premises owned by or leased by the State of Florida or the Florida House of Representatives shall remain the property of, and shall be returned to, the State of Florida or the Florida House of Representatives. In the event that LESSOR comes into possession of such property, LESSOR agrees to send a certified letter, return receipt requested, within seven (7) days of coming into possession of such property, to the Office of the Speaker, Florida House of Representatives, informing him or her that the LESSOR is in possession of such property and requesting that the State of Florida or the Florida House of Representatives retrieve such property. SUB -LESSEE shall be responsible for all reasonable expenses incurred by LESSOR in storing such property and providing such notice. 17. Any notice of other communication from either party to the other pursuant to this agreement is sufficiently given or communicated if sent by registered mail, with proper postage and registration fees prepaid, addressed to the party for whom intended, at the following addresses: For Lessor: Roman Gastesi County Administrator 1100 Simonton Street Key west, Florida 33040 And: County Attorney's Office 1111 121h Street, Suite 408 Key west, Florida 33040 For Sub -Lessee: Ron Saunders, 316 The Capitol 402 South Monroe Street Tallahassee, Florida 32399-1300 Ron Saunders State Representative District 120 801 Eisenhower Drive Key West, Florida 33040 or to such other address as the party being given such notice shall from time to time designate to the other by notice given in accordance herewith. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. IN WITNESS WHEREOF, the parties have caused this lease to be executed this 15th day of February, 2012. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK LDN Deputy Clerk WITNESS: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Do Mayor David Rice RON SAUNDERS mi I�Ro cou A PT VED T ISTANT CyIUNTY ATT r Date f rz- / -4 i i ■ , JIFF we M a ri y i 1 F 1 • f