12/08/1999 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARAlHON, FLORIDA 33OSO
TEL (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
SOO WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
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TO:
Peter Horton, Director
Monroe County Airports
FROM:
Isabel C. DeSantis, Deputy Clerk ~'~,~
December 23, 1999
DATE:
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At the Board of County Commissioner's Meeting on December 8,
1999, the Board granted approval and authorized execution of an
Agreement between Monroe County and the Florida Department of
Highway Safety and Motor VehiCles, for a facility at the Key West
International Airport.
Enclosed please find two (2) fully executed duplicate originals
for your handling.
Should you have any questions, please feel free to contact me.
cc: County Attorney
Finance Department
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STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
LEASES FOR NOMINAL OR NO CONSIDERATION
ZONE: 17
LEASE NO.:760:0403
TO:
Department of Management Services
Bureau of Property Management
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Type Space: ~Office _Warehouse_
Square footage
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Agency or individual and address with whom occupancy agreement has been signed:
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FROM:
Department of Highway Safety and Motor Vehicles
Division of Driver Licenses
Bureau of Field Operations
Monroe County Board of County Commissioners
Airport Director, Key West International
Airport, 3491 S. Roosevelt Blvd.
Key West, Florida 33040
Lessor's Federal Identification Number (F.E.I.D. or S.S.) 596000749
3. Building Name
Street
S. Roosevelt Blvd
City Key West
4. Term of Agreement 11/15/99 - 11/14/01 Options None
5. Remuneration: _Free _Nominal Rate. Hlatter, fee is limited to $1.00 per year.
6. Brief description of function occupying space:
Driver License office in Key West
7. The undersigned hereby certifies that this space is being used for a valid State function and
that provisions for security ofleased space have been accomplished. A legal agreement,
copy attached, has been signed for its use, and that the agreement and all support
documents comply with established leasing criteria including Standards for Special
Facilities for Physically Disabled and Fire Safety Standards of the State Fire Marshal.
Signed:
Agency Sandra G. DeLopez
FM 4108 (R7/95)
~ tr. ~ Adminstrative Services
Date:
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LEASE AGREEMENT
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This Agreement is made and entered into by Monroe County, a political subdivision of the State
of Florida, whose address is 5100 College Road, Stock Island, Key West, Florida 33040,
(County), and the Florida Department of Highway Safety and Motor Vehicles, an agency of the
State of Florida, whose address is 2900 Apalachee Parkway, Room B435, Tallahassee, Florida
32399, hereafter Agency or Tenant.
IN CONSIDERATION of the mutual covenants contained in this lease the parties agree as
follows:
1. a) The County leases to the Agency approximately 15,100 square feet of land and a
building of approximately 1,760 square feet located on A 1 A adjacent to the Key West
International Airport (the premises) and more particularly described in Exhibit A, which
is attached and made a part of this lease.
b) The County reserves the right to utilize the asphalt drives depicted on Ex. A for
M vehicle access to a new parking lot to be constructed directly behind the premises
during the term of this lease.
2. The Agency may only use the premises for a drivers license facility.
3. a) The term of this lease is for two years commencing on November 15, 1999, and
ending on November 14, 2001. The County may terminate this lease before
November 14, 2001 if the County, in its discretion, determines that the premises are
needed for a new National Weather Service Building. If that occurs, then the County
will provide similar premises for the remainder of the term of this lease at no additional
cost or charge.
b) At the end of the term of this lease, if the County, in its discretion, determines that the
premises must be utilized for purposes other than a drivers license facility, then the
County must furnish the Agency similar premises, with no rent charged to the Agency,
" for a term of years consistent with general law.
c) The rent of $1507.18 per month is subject to the Legislature, during the 2000 regular
legislative session, appropriating specific funds. Until the specific funds are
appropriated, the rent for the premises is $1.00 per year, payable to the County within
five days of the commencement date and within five days of the commencement
anniversary date thereafter. If the Legislature fails to appropriate specific funds for
the Agency to pay the rent of $1507.18 per month required by this Section, then the
County will pay the rent for the two year term in one payment, with the rental funds
transferred from the County general fund to the Airport budget with the use of those
transferred funds thereafter restricted to airport purposes. The Agency is under no
obligation to lobby for or otherwise secure the appropriation of the specific funds set
forth above.
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4. a) Subject to the approval of the County, the Agency may, at its own expense, make
alterations, additions or improvements to the building at the premises. Alterations,
additions and improvements must be constructed in a workmanlike manner, meet all
applicable building and zoning codes, must not weaken or impair the structural
'" strength or lessen the value of the building or the premises or change the purposes
for which the building, or any part of it, may be used. Before beginning any work, all
plans and specifications must be approved by, and a building permit issued by, the
governmental entity or entities that have jurisdiction over the construction.
b) All alterations, additions, and improvements at the premises at the beginning of this
lease, and any that are constructed during the term, are, or will become, part of the
premises and the sole property of the County, except that moveable fixtures installed
by the Agency are its property and may be removed by the Agency at the end of this
lease.
5. During the term of this lease, the Agency must, at its own cost and expense, repair or
replace, and maintain in good, safe and substantial condition, all buildings and
improvements at the premises, along with any additions or alterations to those buildings
and improvements. The Agency must also use all reasonable precaution to prevent
waste, damage or injury to the premises.
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6. All utility services must be applied for by the Agency and must be in the name of the
Agency only. The Agency is solely liable for utility charges as they become due,
including charges for sewer, water, gas, electricity, telephone and cable, or wireless
cable, television.
7. The Agency may not assign, pledge, mortgage or hypothecate this lease or any interest
that the Agency has under this lease without the permission of the County. Further, the
Agency may not sublease the premises or any portion of the premises without the
permission of the County. Any unauthorized pledge, mortgage, assignment,
hypothecation or sublease is void and operates to terminate this lease at the option of the
County.
8. The Agency must, on the last day of the lease term, or earlier on termination or
abandonment, peaceably and quietly surrender and deliver the premises to the County.
Moveable fixtures and personal property that belongs to the Agency may be removed on
& prior to the end of the term or upon termination. Moveable fixtures and personal
property left on the premises after the end of the term, or after the date of termination, will
become the property of the County without the need for any payment to the Agency. The
County may also remove such moveable fixtures and personal property and store them
at the expense and risk of loss of the Agency.
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9. To the extent authorized by Section 768.28, F.S., the Agency is liable for an must defend,
release, discharge, indemnify and hold harmless the County, the members of the County
Commission, County officers and employees from any against any and all claims,
demands causes of action, losses, costs and expenses of whatever type - including
investigation and witness costs and expenses and attorneys' fees and costs - that arise
out of or are attributable to the Agency's operations at the premises, excluding those
claims, demands, damages, liabilities, actions, causes of action, losses, costs and
expenses that are the result of the sole negligence of the County.
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10. The Agency for itself, its personal representatives, successors in interest, and assigns, as
a part of the consideration hereof, does hereby covenant and agree that (1) no person on
the grounds of race, color, or national origin shall be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of facilities,
(2) or in the contracting for improvements to the premises (3) that the Agency shall use
the premises in compliance with all other requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department
of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, County
shall have the right to terminate the lease and to re-enter and as if said lease had never
been made or issued. The provision shall not be effective until the procedures of Title
19, Code of Federal Regulations, Part 21 are followed and completed including exercise
or expiration of appeal rights.
11. It shall be a condition of this lease, that the County reserves unto itself, its successors
and assigns, for the use and benefit of the public, a right of flight for the passage of
aircraft in the airspace above the surface of the premises, together with the right to cause
in said airspace such noise as may be inherent in the operation of aircraft, now known or
hereafter used, for navigation of or flight in the said airspace, and for use of said airspace
for landing on, taking off from or operating on the airport.
That the Agency expressly agrees for itself, its successors and assigns, to restrict the
height of structures, objects of natural growth and other obstructions on the hereinafter
described real property to such a height so as to comply with Federal Aviation
Regulations, Part 77.
That the Agency expressly agrees for itself, its successors and assigns, to prevent any
use of the premises which would interfere with or adversely affect the operation or
maintenance of the airport, or otherwise constitute an airport hazard.
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12. This lease and all provIsions hereof are subject and subordinate to the terms and
conditions of the instruments and documents under which the County acquired the
subject property from the United States of America and shall be given only such effect as
will not conflict or be inconsistent with the terms and conditions contained in the lease of
said lands from the County, any existing or subsequent amendments thereto, and are
subject to any ordinances, rules or regulations which have been or may hereafter be
adopted by the County pertaining to the Key West International Airport.
13. Notwithstanding anything herein contained that may be, or appear to be, to the contrary,
it is expressly understood and agreed that the rights granted under this agreement are
nonexclusive and the County herein reserves the right to grant similar privileges to
apother Lessee or other Lessees on other parts of the Airport.
14. All communication between the parties required by this lease must be in writing and sent
attention to the following persons at the following addresses:
To County
Airport Director
Key West International Airport
3491 South Roosevelt Boulevard
Key West, Florida 33040
To Aaency
State of Florida
Department of Highway Safety and
Motor Vehicles
2900 Apalachee Parkway, Room B435
Tallahassee, Florida 32399-0500
15. If the premises are rendered unusable to the Agency for 90 days or more through fire,
storm, flooding, other acts of God, acts of a foreign country, or any action undertaken by
the government of the United States, then this lease will automatically terminate with
neither party under any further obligation, liability or duty to the other (except for the
Agency's obligation to pay rent up to the date when the premises became unusable).
The Agency has no obligation to pay rent during the period when the premises were
unusable because of the events described in this paragraph. The repair or reconstruction
of the premises, if rendered unusable to the Agency by an event described in this
paragraph, is discretionary with the County and creates no obligation on the part of the
County to undertake such repair or reconstruction.
16.' This lease is governed by the laws of the State of Florida and the United States. Venue
for any litigation arising under this lease must be in a court of competent jurisdiction in
Monroe County, Florida.
17. The County will cooperate and assist the Division of Driver License with the relocation
from the current location to the location offered in this lease and with the disposition of
the trailer currently housing the Driver License office.
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IN WITNESS WHEREOF, each part has caused this Agreement to be executed by its duly
authorized representative on the dates set forth below.
(SEAL) _---.
A TT98T: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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FLORIDA DEPARTMENT OF HIGHWAY
SAFETY AND MOTOR VEHICLES
By ~6-~
ATTEST:
Date /1 J/ 9/99
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A APPROVED AS TO FORM
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