09/19/2001
LEASE AGREEMENT
State of Florida
County of Monroe
This Lease Agreement entered into this 19th day of September, 2001, by and between PETER O.
DALTON, party of the first part hereinafter called the lessor and the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, party of the second part hereinafter
called the lessee.
WITNESSETH:
That the lessor for and in consideration of the covenants and agreements hereinafter mentioned
to be kept and performed by the lessee has demised and leased to the lessee for the term and
under the conditions hereinafter set out those certain premises in Key Largo, County of Monroe,
Florida described as follows:
I LEASE LOCATION
Damaron Building, 99198 Overseas Highway Suite IIA, Key Largo, Florida which includes
approximately 400 square feet of area for the Extension Services Department.
II RENTALS
The lessor hereby leases to the lessee approximately 400 square feet and the lessee hereby leases
from the lessor the above described premises for the term set. out in this lease. Lessor agrees to
build 42 linear feet of interior walls and 3 interior doors at a cost of$15.00 per linear foot of wall
and $100.00 per door for a total cost of$930.00. Lessee hereby agrees to pay rent for a two year
lease at $702.00 plus utilities at $60.00 per month, plus prorating the cost of constructing the
walls and doors for a 24 month period at $38.00 per month for a total of $800.00 per month and
$9,600.00 annually. The lease amount agreed to herein will be increased annually by 3% over
the prior years rental amount. Rent shall be due and payable on or before the last day of each
month, in arrears.
The rental shall be paid to the lessor and mailed to Peter O. Dalton, 3168 Highway 17 South,
Orange Park, FL, 32003, prior to the last day of the month.
III TERM
The term of this lease shall be for a period of two (2) years commencing October 1. 2001. and
terminating on September 30.2003.
IV RENEWAL
This agreement may be renewed at the option of the lessee for one additional one (I) year period.
This option shall be executed only upon approval of the Board of County Commissioners.
V AIR CONDITIONING AND JANITORIAL SERVICES
A. The lessor agrees to furnish to the lessee air conditioning equipment to be used
during normal business hours, and shall ensure that same is operational and
functional during the time of this lease. Lessor shall be fully responsible for all
maintenance, repairs and replacement for the condensing unit. Lessee shall be
fully responsible for all maintenance, repairs and replacement for the air handling
unit.
B. The lessee shall provide janitorial services and all necessary janitorial supplies for
the leased premises during the term of the lease at the expense of the lessee.
VI MAINTENANCE AND REPAIRS
A. The lessor fully agrees to provide 42 linear feet of interior walls (including width
of the doors) and 3 interior doors as sketch in "Exhibit A", which shall be
inclusive as reflected in the stated monthly/annual payment agreement.
B. The lessee shall provide for interior maintenance and repairs in accordance with
generally accepted good practices, including repainting, the replacement of worn
or damaged floor covering, and repairs or replacement of interior equipment as
may be necessary due to normal usage. The lessee shall during the term of the
lease keep the interior of the demised premises, in as good a state of repair as it is
at the time of the commencement of this lease, reasonable wear and tear and
unavoidable casualties excepted.
C. The lessor shall maintain and keep in repair the exterior of the demised premises
during the term of the Lease and shall be responsible for the replacement of
damages in the demised premises, except such breakage of damage caused to the
exterior of the demised premises by the lessee, its officers, agents, or employees.
D. The lessor shall be responsible for maintaining the roofin leak free condition.
E. The lessor shall maintain the exterior of the demised premises so as to conform to
all applicable health and safety laws, ordinances, and codes which are presently in
effect and which may subsequently be enacted during the term of this lease and
any renewal periods.
F. The lessor shall provide appropriate entranceways to the structure to
accommodate space allocation for government entities occupying the space,
inclusive of ingress and egress, at the expense of the lessor.
VII UTILITIES
The lessee shall be fully responsible to pay telephone charges which may become payable during
the term of the lease for telephone and used by the lessee on the premises. The lessor agrees to
be fully responsible to provide and pay all other utilities.
VIII CONDUCT OF BUSINESS
The lessee covenants that the leased premises will not be used for any purpose that will cause
any person or persons to congregate in the balls of the building of which the leased premises are
a part, or which would cause noise to emanate from the leased premises which does or might
reasonably disturb any adjoining tenants or persons using the halls of the said building, and the
lessee further covenants that lessee will conduct its business within the leased premises in a
quiet, proper and orderly manner, and that any fiillure on the part of the lessee to so use the
premises in the conduct of its business shall be considered as a violation of a material covenant
of this lease.
IX RULES AND REGULATION
The lessee shall agree to comply with Rules and Regulations as identified in ''Exhibit B".
X ALTERATIONS
The lessee shall have the right to make any alterations to the demised premises during the term
of the lease upon first having obtained the written consent of the lessor. The lessor shall not
capriciously withhold the consent to any such alterations.
XI INJURY OR DAMAGE TO PROPERTY ON PREMISES
All property of any kind that may be on the premises during the continuance of this lease shall be
at the sole risk of the lessee and except for any negligence of the lessor, the lessor shall not be
liable to the lessee or any other person for any injury, loss or damage to property or to any person
on the premises.
XII FIRE AND OTHER HAZARDS
A In the event that the demised premises or the major part thereof are destroyed by
fire, lightening, storm or other casualty, the lessor at its option may forthwith
repair the damage to such demised premises at its own cost and expense. The
rental thereon shall cease until the completion of such repairs and the lessor will
immediately refund the pro rata part of any rentals paid in advance by the lessee
prior to such destruction. Should the premises be only partly destroyed so that the
major part thereof is usable by the lessee, then the rental shall abate to the extent
that the injured or damaged part bears to the whole of such premises and such
injury or damage shall be restored by the lessor as speedily as is practicable and
upon the completion of such repairs, the full rental shall then continue the balance
of the term.
B. The lessor shall provide for fire protection during the term of this lease in
accordance with the fire safety standards of the State and/or Monroe County Fire
Marshal. The lessor shall be responsible for maintenance and repair of all fire
protection equipment necessary to conform to the requirements of the State and/or
Monroe County Fire Marshal. The lessor agrees that the demised premises shall
be available for inspection by the State and/or County Fire Marshal, prior to
occupancy by the lessee, and at any reasonable time thereafter.
XIII EXPIRATION OF TERM
At the expiration of the term, the lessee will peaceably yield up to the lessor the demised
premises in good and tenantable repair. It is understood and agreed between the parties that the
lessee shall have the right to remove from the premises all personal property of the lessee and all
fixtures, machinery, equipment, appurtenances, and appliances placed or installed on the
premises by it, provided the lessee restores the premises to as good a state of repair as it was
prior to the removal.
XIV SUBLETTING AND ASSIGNMENT
The lessee upon the obtaining of the written consent of the lessor, which consent shall not
capriciously be withheld, shall have the right to sublet all or any part of the demised premises, or
to assign all or any part of the demised premises.
xv NOTCONSENTTOSUE
The provisions, terms, or conditions of this lease shall not be construed as consent of Monroe
County to be sued because of said leasehold.
XVI WAIVER OF DEF AUL TS
The waiver by the lessor of any breach of this lease by the lessee shall not be construed as a
waiver of any subsequent breach of any duty or covenant imposed by this lease.
XVII RIGHT OF LESSOR TO INSPECT
The lessor at all reasonable times during regular business hours may enter into and upon the
demised premises for the purpose of viewing the same, to read water and electric meter, and for
the purpose of making any such repairs as they are required to make under the terms of this
lease. Repairs shall be limited to non-business hours unless an emergency situation exists.
XVIII BREACH OF COVENANT
If the lessee shall neglect or fiill to perform or observe any covenant herein contained, which on
the lessee's part is to be performed and such default shall continue for a period of thirty days
after receipt of written notice thereof from the lessor to the lessee, then the lessor lawfully may,
immediately or any time thereafter, and without further notice or demand enter into and upon the
demised premises or any part thereof and repossess the same as of their former estate and expel
the lessee, and remove its effects forcefully if necessary, without being taken or deemed to be
guilty of any manner of trespass and thereupon the demise shall terminate but without prejudice
to any remedy with might otherwise be used by the lessor for arrears of rent or for any breach of
the lessee's covenants herein contained.
XIX ACKNOWLEDGEMENT OR ASSIGNMENT
The lessee upon the request of the lessor shall execute such acknowledgment or
acknowledgments or any assignment or assignments of rentals and profits made by the lessor to
any third perso~ firm or corporatio~ provided that the lessor will not make such request unless
required to do so by the Mortgage under a mortgage or mortgages, executed by the lessor.
xx AVAILABILITY OF FUNDS
The obligations of the lessee under this lease agreement are subject to the availability of funds
lawfully appropriated annually for its purposes by the Monroe County Board of County
Commissioners.
XXI USE OF PREMISES
The lessee will not make or suffer any unlawful, improper or offensive use of the premises or
any use of occupancy thereof contrary to the Laws of the State of Florida or to such Ordinances
of Monroe County now in effect or hereafter adopted, as may be applicable to the lessee.
XXII INSURANCE
The lessee shall procure and maintain at its expense and throughout the term of this lease the
insurance or self-ensure for all claims that the lessee can be held liable for under Section 768.28,
Florida Statutes, and up to the maximum amount set forth in that statute.
Notwithstanding anything to the contrary in this lease. Lessee waives all rights to recovery,
claims or causes of action against the lessor and its, attorney-in-fact, agents, trustees, executors
and personal representatives on account of any loss of damage which may occur to the premises,
the building, the property or any improvements thereto or to any personal property of lessee to
the extent such loss or damage is caused by a peril which is required to be insured against be
lessee under this lease, regardless of the cause or origin (including negligence of lessor). Lessee
covenants to the lessor that to the fullest extend permitted by law, no insurer of lessee shall hold
any right of subrogation against lessor. Lessee covenants to lessor that all policies of insurance
maintained by lessee respecting property damage shall permit such waiver of subrogation, and
lessee agrees to advise all of its insurers of the waiver and provide lessor with written evidence
of such waiver.
XXIII NOTICES
All notices required to be served upon the lessor shall be served by certified mail, return receipt
requested to Peter O. Dalton, 3168 Highway 17th South, Orange Park, FL 32003, and all notices
required to be served upon the lessee shall be served by certified mail, return receipt requested to
the Momoe County Extension Service, 5100 College Road, Key West, FI 33040, and to County
Attorney, PO Box 1026, Key West, FI33041-1026.
XXIV RADON GAS NOTIFICATION
Radon is a naturally occurring gas that when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings. Additional information
regarding radon and radon testing may be obtained from your County Public Health Unit.
xxv LEASE TERMINATION
This lease may be terminated by the lessee only during the one year renewal period, upon written
ninety (90) days notice to the lessor that the lessee has obtained adequate office space in a
governmental building.
XXVI ETHICS CLAUSE
Lessor warrants that it has not employed retained or otherwise had act on its behalf any former
County officer or employee subject to the prohibition of Section 2 Ordinance No. 010-1990 or
any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For
breach or violation of this provision the lessee may, in its discretion, deduct from the contract or
purchase price or other wise recover the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
XXVII AMERICAN WITH DISABILITIES ACT
The lessor herein expressly agrees to maintain the subject premises in full compliance with the
American Disabilities Act (ADA). Further, the lessor shall be liable for any cost on expenditure
associated with said compliance. The lessor shall be fully responsible to restore all rest room
facilities to meet ADA requirements at the expense of the lessor prior to occupancy.
XXVIII PUBLIC ENTITY CRIME STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract with a public entity for construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017 F.S. for Category Two for a
period of 36 months from the date of being placed on the convicted vendor list. (Category Two
$10,000.00. )
XXIX DEFINITION OF TERMS
A. The terms "lease" "lease agreement" or "agreement" shall be inclusive of each
other and shall also include any renewals, extensions or modification of this lease.
B. The term "lessor" and "lessee" shall include the successors and assigns for the
parties hereto.
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IN WITNESS WHEREOF the parties hereto have hereunto executed this instrument for
the purpose herein expressed the day and year above written.
C.
xxx ADDITIONAL CONDITIONS
No additional covenants or conditions form a part of this lease.
ORIGINAL SIGNATURES REQUIRED ON ALL COPIES
Signed, Sealed and Delivered
in the "presence/of:. . "j//}
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L. KOLHAGE, CLERK
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BOARD OF COUNTY COMMISSIONERS
/MONROE COUNfY.I'LORIDA
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LEASE AGREEMENT
DAMERON BUILDING Suite llA
99198 OVERSEAS HIGIlW A Y
KEY LARGO, FL
"
"EXHIBIT a"
RULES AND REGULATIONS
As identified in Section IX of the Lease Agreement the lessor will be fully responsible to comply with all
rules and regulations as outlined below:
1. The sidewalks, entrances, passages, courts, vestibules, stairways, corridors, or halls shall not be
obstructed or encumbered by any tenant or used for any purpose other than ingress and egress to and
from the described premises.
2. No awnings or other projections including, without limitation to antennas, shall be attached to the
outside walls of the building without the prior written consent of the lessor. No curtains, blinds,
shades or screens shall be attached to or hWlg in, or used in connection with, any window or door of
the demised premises, ~ithout prior wriuen consent of the lessor. Such awnings, projections,
curtains, blinds, shades. screens or other fixtures must be of quality, type, design and color, and
attached in the manner approved by the lessor. No sign, advertisements, notices or other lettering
shall be exhibited, inscribed, painted or affixed by any lessee on any part of the outside or inside of
the demised premises or buildirig without prior written consent of the lessor. In the event of the
violation of the foregoing by any lessee, lessor may remove same without any liability, and may
charge the expense incurred by such removal to the lessee or lessees violating this rule. Interior
signs and doors and any directory tablet shall be inscribed, painted or affixed at the expense of the
lessee, and shall be of a size, color and style acceptable to the lessor. All signs must conform to the
Code of Ethics and Statutes governing the lessor's profession and to the sign code of Monroe
COWlty. The lessor shall grant such consent to lessee consistent with any and all other tenants.
3. The sashes, sash doors. sky lights, windows and doors that reflect or admit light and air into the
halls, passageways. or other public places in the building shall not be covered or obstructed by any
lessee, nor shall bottles, parcels or other articles be placed on the window sills.
4. The waters and wash closets and other plumbing fIXtures shall not be used for any purpose other
than those tor which they were constructed, and no sweepings, rubbish, rags or other substances
shall be thrownlhl."rCin. All damages resulting from any misuse of the fixtun.."S shall be bome by the
lessee who, or whose Sl.TV3nts, employ~cs, visitors, or licensees shall have caused the same.
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