10/16/2002 Agreement
Clerk of die
Circul coun
Danny L. Kolhage
Clerk of the Circuit Court
Phone: (305) 292-3550
FAX: (305) 295-8663
e-mail: phancock@monroe-clerk.com
Memorandwn
TO: Reggie Paros, Director
Public Safety Division
ATTN: Stacy DeVane, Executive Assistant
Public Safety Division
FROM: Pamela G. Hanc~
Deputy Clerk CY
DATE: October 22, 2002
At the October 16, 2002, Board of County Commissioner's meeting the the Board granted
approval and authorized execution of the following:
Lease Agreement between Monroe County and Beyer Funeral Home to lease premises for use as
Medical Examiner facilities for a one year period, effective October 1,2002, at a cost of$215.00 per
month, total of $2,580.00 per year.
Lease Agreement between Monroe County and Dean-Lopez Funeral Home to lease premises for
use as Medical Examiner facilities for a one year period, effective October 1,2002, at $850.00 per month,
total of $10,200.00 per year.
../ Lease Agreement between Monroe County and Dean & Sons Funeral Home Cemetery and
Cremation Services, Inc. to sublease premises for use as Medical Examiner facilities for a one year period,
effective October 1,2002, at a cost of$800.00 per month, total of $9,600.00 per. year.
Enclosed is a duplicate original of each of the above mentioned for your handling. Should
you have any questions please do not hesitate to contact this office.
Cc: County Administrator w/o documents
County Attorney
Finance
File /'
LEASE AGREEMENT
TillS LEASE is made and entered into this 16th day of October , 2002,
by DEAN & SONS FUNERAL HOME CEMETERY AND CREMATION SERVICES,
INC., 31140 Overseas Highway, Big Pine Key, Florida 33043, hereafter
LESSEE/SUBLESSOR and Monroe County, a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, hereafter
SUBLESSEE,
WHEREAS, the property is owned by Pinewood Memorial Cemetery, Inc. and
leased to Dean & Sons Funeral Home; and
WHEREAS, the SUBLESSEE desires to lease premises for use as a Medical
Examiners facilities; now, therefore
IN CONSIDERATION ofthe mutual covenants contained herein, the parties
agree as follows:
Section 1, LESSEE/SUBLESSOR leases to the SUBLESSEE refrigeration
and operating facilities at 31140 Overseas Highway, Big Pine Key, Florida,
Section 2, The SUBLESSEE 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 SUBLESSEE may exercise an option to renew this
lease for one additional year under the same terms and conditions by providing to
LESSEE/SUBLESSOR 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 du~ for the premises for the first year period is
$9,600,00, payable montWy as follows:
a) Dean & Sons Funeral Home Cemetery and Cremation Services, Inc" at
$800,00 per month, which includes refrigeration and use of the facilities for autopsies and
post mortem examinations.
The LESSEE/SUBLESSOR shall submit monthly invoices to Monroe County
Public Safety Division, 490 63rd Street, Suite 140, Marathon, Florida 33050 for
processmg,
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC.
Section 5, The SUBLESSEE shall be responsible for providing all equipment
needed to carry out the functions of the Medical Examiner,
Section 6. All utility and normal refuse services shall be supplied by
LESSEE/SUBLESSOR, with the exception ofbiohazardous waste, which is under the
jurisdiction of the Office of the Medical Examiner.
Section 7. The SUBLESSEE may not assign, sublease, pledge, mortgage or
hypothecate this lease or any interest that the SUBLESSEE has under this lease without
the permission of the LESSEE/SUBLESSOR.
Section 8, The SUBLESSEE is liable for and must fully defend, release,
discharge, indemnify and hold harmless the LESSEE/SUBLESSOR 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 SUBLESSEE'S operations at tbe 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
LESSEE/SUBLESSOR, pursuant to the terms and conditions of Florida Statutes
9768.28.
Section 9. The LESSEE/SUBLESSOR 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 LESSEE/SUBLESSOR 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 ofthe Secretary,
Part 21, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations
may be amended,
2
That in the event of breach ofthe above nondiscrimination covenants, the
SUBLESSEE 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.
Section 10.
This lease agreement is governed by the laws of the State of
Florida. Venue for any litigation arising under this lease agreement must be in a court of
"
,"('L'#o:1I1p~~lJt jurisdiction in Monroe County, Florida.
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A:hEST( DANNY KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE C TY, FLORIDA
By:G~
By:
Deputy Clerk
Mayor/Chairman
APPROVED BY:
By:d~
/ Frederik M. Work
Pinewood Memorial Cemetery, Inc.
DEAN & SONS FUNERAL HOME
CEMETERY AND CREMATION
SERVICES, me.
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SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETIllCS CLAUSE
JeA N ~ So I\J S. f lA N errrf ~ 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 employee.
STATE OF FIof2- ( v4
COUNTY OF /ll tJ /l/ /C () e...
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PERSONALLY APPEARED BEFORE ME, the undersigned authority,
signature (name of individual signing) in the space provided above on this
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who, after first being sworn by me, affixed his/her
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