10/16/2002 Lease
LEASE AGREEMENT
TIllS LEASE is made and entered into this 16th day of October , 2002 by
DEAN-LOPEZ FUNERAL HOME, 418 Simonton Street, Key West, Florida 33040,
hereafter LESSOR, and Monroe County, a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, hereafter COUNTY.
WHEREAS, LESSOR is the sole owner of the premises described in this lease;
and
WHEREAS, the COUNTY desires to lease premises for use as a Medical
Examiners facilities; now, therefore
IN CONSIDERATION of the mutual covenants contained herein, the parties
agree as follows:
Section 1. LESSOR leases to the COUNTY refrigeration and operating
facilities at 418 Simonton Street, Key West, Florida and facilities for long-term storage of
dead human remains under refrigeration and for storage of any other items such as records
and equipment used in conjunction with the medical examiner's responsibilities at the
Florida Keys Crematory Facility located in MM 10.5, Big Coppitt Key, Florida, hereafter
referred to collectively as the premises,
Section 2, The COUNTY shall use the premises solely for functions of the
Medical Examiner's Office.
Section 3, The term of this lease is for one year, commencing October 1, 2002
and ending September 30,2003, The County may exercise an option to renew this lease
for one additional year under the same terms and conditions by providing to Lessor at
least sixty days prior to the expiration of the agreement written notice of the exercise of
option.
Either party may terminate this Agreement without cause by giving sixty (60) days
written notice to the other indicating its desire to terminate same,
Section 4, The total rental due for the premises for the first year period is
$10,200,00, payable monthly as follows:
a) Dean Lopez Funeral Home Facility at $550.00 a month, which includes:
utilities, disposal of customary infectious waste (exclusive of a major disaster where costs
would be prohibitive).
b) Florida Keys Crematory Facility at $300.00 a month which includes: utilities,
refrigeration, and storage space,
The LESSOR shall submit monthly invoices to Monroe County Public Safety
Division, 490 63rd Street, Suite 140, Marathon, Florida 33050 for processing.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC,
Section 5, Equipment, alterations, additions or improvements, technical land
specialized,
a) The COUNTY shall be responsible for providing all equipment needed to carry
out the functions of the Medical Examiner.
b) Any alterations, additions or improvements to the premises which the
COUNTY may require must be approved by LESSOR and shall be at COUNTY's
expense. 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,
c) 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 LESSOR, except those moveable fixtures installed
by the COUNTY, which are its property and may be removed by the COUNTY at the
end of this lease.
Section 6, During the term of this lease, the COUNTY shall, at its own cost
and expense, repair or replace any damages caused by COUNTY's employees, officers
and agents, and maintain the premises in good and safe condition, The COUNTY shall
also use all reasonable precaution to prevent waste, damage or injury to the premises,
LESSOR is responsible for general maintenance and repair of the structural elements of
the premises.
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Section 7,
LESSOR.
Section 8, The COUNTY may not assign, sublease, pledge, mortgage or
hypothecate this lease or any interest that the COUNTY has under this lease without the
permission of the LESSOR.
Section 9. The COUNTY shall, on the last day of the lease term, or earlier on
termination or abandonment, peaceably and quietly surrender and deliver the premises to
the LESSOR. Moveable fixtures and personal property that belongs to the COUNTY
may be removed on or prior to the end of the term or upon termination or abandonment,
Moveable fixtures and personal property left on the premises more than fifteen days after
the end of the term, or after the date of termination or abandonment, will become the
property of the LESSOR without the need for any payment to the COUNTY.
Section 10. The COUNTY is liable for and must fully defend, release,
discharge, indemnify and hold harmless the LESSOR from and against any and all claims,
demands, causes of action, losses, costs and expenses of whatever type - including
investigation and witness costs and expenses and attorney's fees and costs - that arise out
of or are attributable to the COUNTY'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 LESSOR, pursuant to the terms and
conditions of Florida Statutes ~768.28,
Section 11, The LESSOR for itself, its personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree
that no person on the grounds of race, color, or national origin shall be discriminated
against by LESSOR in the provision of services or employment or other applicable
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation Subtitle A, Office of the Secretary, Part 21, 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 the above nondiscrimination covenants, the County
shall have the right to terminate this agreement as if said agreement had never been made
or issued, The provision shall not be effective until the procedures of Title 49, Code of
Federal Regulations, Part 21 are followed and completed including exercise or expiration
of appeal rights.
All utility and waste disposal services shall be supplied by
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Section 12. The LESSOR acknowledges that its records relating to this lease
are public records subject to disclosure under Chapter 119, Florida Statutes. Those
records must be made available to any person who requests to view them during regular
business hours (9:00 a.m. - 5:00 p.m., Monday through Friday, excluding holidays) at an
accessible location in Key West, Florida. Further, LESSOR agrees to maintain said
records for at least three years after the termination of the lease.
Section 13. This lease agreement is governed by the laws ofthe State of
Florida. Venue for any litigation arising under this lease agreement must be in a court of
competent jurisdiction in Monroe County, Florida.
(Seal)
ATTEST: DANNY KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE c'tJb", FLORIDA
By: ~
Mayor/Chairman
BY~~
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Deputy Clerk
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-SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETIllCS CLAUSE
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990, For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, 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 former County officer or employ
(signature)
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STATEOF :f!b~~
COUNTY OF J44tm-ro<---
Date:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
I/}; &.Il ~ ~5 It i / IJ who, after first being sworn by me, affixed hislher
signature (name of individual signing) in the space provided above on this 30 day of
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