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06/10/1998 Agreement ;mannp 1.. 1!olbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHIJ"EHEAD SlREET 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 MEMORANDUM TO: Dent Pierce Director of Public Works Ruth Ann Jantzen, Deputy Clerk .#Aj-. June 23, 1998 FROM: DATE: ------------------------------------------------------------------------------------------------------------------------- On June 10, 1998, the Board of County Commissioners granted approval and authorized execution of a Lease Agreement between Monroe County and James Chaplin, Chaplin Real Estate, for a period of five years with a five year renewal option, for property located at 4695 Overseas Highway, Marathon, in the amount of $4,500.00 per month, for office space for the State Attorneyand Public Defender. Enclosed please find a fully executed duplicate original of the above Agreement for return to Chaplin Real estate. H you have any questions concerning the above, please do not hesitate to contact this office. Enclosure cc: County Attorney Finance County Administrator, w/o document File :~~. :r 0 <:::) )> X ..... ::an..... or-X: r"";x-< n' . on' C:-::JI;: x?Do .....cO' :<.....c:t: ..,,' )> ~ ~ This Leasc Agrccmcnt cntcrcd into this 10h day of Junc, 1998, bctween JAMES' CHAPLIN, CHAPLIN REAL EST ATE, 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 Lessec, LEASE AGREEMENT State of Florida Countv of Monroe WITNESSETH: That the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and perfomled by the Lessee, has demised and leased to the Lessee, for the term and under the conditions hereinafter set out, those certain premises in Marathon, County of Monroe, Florida, described as follows: I. LEASE LOCATION: 4695 Overseas Highway, Marathon, Florida, which shall constitute an aggregate area of 3,600 square fect of net rentable space, at the rate of $15,00 per square foot per year, $4,500.00 per month, $54,000,00 per year: including property boundaries of 122' x 200', as further described in the survey conducted by Phillips & Trice Surveying, Inc, (exhibit A), attached hereto and incorporated as part of this lease document, 11. RENTALS: The Lessor hereby leases to the Lessee 3,600 square feet and the Lessee hcreby leases from the Lessor the above-dcscribed prcmises for the term set out in this Lease, Lessee hereby agrees to pay the Lcssor the sum of Fifty-four Thousand Dollars and No Cents ($54,000.00) annually. The lease amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumcr Price Indcx (CPI), National Index for Wage Earners and Clerical Workers, and shall be based upon the annual average CPI computation from January 1 through December 31 of the previous year. Rent shall be duc and payable on or before the last day of each month, in arrears, The rental shall be paid to the Lessor and mailed to James Chaplin, Chaplin Real Estate, 5190 Overseas Highway, Marathon, Florida 33050, prior to the last day of the month, Ill, TERM: To have and to hold the above-described premises for a term of five years commencing on July I, 1998, up to and including June 31,2003, IV. RENEWAL This agreement may bc renewed, at thc option of the Lessee, for one (1) additional five (5) year period, This option shall be executed only upon approval of the Board of County Commissioners. \D a:J (.... c: Z N W ." r= f'T1 o ." o ::0 ::0 f'T'1 ("') C) ::0 C !E ..0 ... (a) \D V, AIR CONDITIONING AND JANITORIAL SERVICES (l) The Lessor agrees to furnish to the Lessee air conditioning equipment, and shall ensure that same is operational and functional at the commencement of this lease. Thcreafter, the Lessee shall maintain air conditioning equipment in satisfactory operating condition at all times for the leased premises during the term of the Lease at the expense of the Lessee, (2) The Lessee shall provide janitorial services and all necessary janitorial supplies for the leased premises during thc term of the Lease at thc expensc of the Lessee. VI. MAINTENANCE AND REPAIRS: (I) The Lessee shall provide for interior maintenance and repairs in accordancc with gencrally accepted good practices, including repainting, the replacement of worn or damaged floor covering and repairs or replacement of interior equipmcnt as may bc neccssary due to normal usage, The Lessee shall, during the tenll of this Lease. keep the interior of the demised premises in as good a state ofrepair as it is at the time of the commenccment of this Lcase. reasonable wear and tear and unavoidable casualties excepted, (2) The Lessor shall maintain and keep in repair the exterior of the demised premises during the term of this Lease. and shall be responsible for the rcplaccment of all windows broken or damaged in the demised premises, except such breakage or damage caused to the exterior ofthc demised premises by the Lessee, its officers, agents. or employees, (3) The Lessor shall maintain the cxterior ofthc dcmised premises so as to conform to all applicable health and safety laws, ordinances, and codes which arc presently in effect and which may subsequently bc cnacted during thc tenll of this Lease and any renewal periods, (4) The Lessor shall provide appropriate entranccways to the structurc to accommodatc space allocation for government entities occupying the spacc, inclusive of ingress and egress, at the expense of the Lessor. VII. UTILITIES: The Lcssee ,"viII promptly pay all solid \\aste. powcr, and electric light rates or charges which may become payable during the ternl of this Lease for solid waste disposal, power. and electricity used by the Lessee on the premises, VIII. ALTERATIONS: The Lcssee shall have the right to make any alterations to thc demised prcmises during the term of this Lease upon first having obtained the written consent thereto of thc Lessor. The Lessor shall not capriciously withhold lhe consent to any such alterations, IX, INJURY OR DAMAGE TO PROPERTY ON PREMISES: All property of any kind that may be on the premises during thc continuance of this Lcase shall be at the sole risk of thc Lessec. and except for any negligence of the Lessor, thc Lessor shall not be 2 liable to the Lessee or any other person for any injury, loss, or damage to property or to any person on the premises, X. FIRE AND OTHER HAZARDS: ( I ) In the event that the demised premises, or the major part thereof arc 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 immediatcly refund thc pro rata part of any rentals paid in advance by the Lessee prior to such destruction, Should the premiscs 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 commence and thc Lease shall then continue the balance of the term, (2) 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 Monroc County Fire Marshal. The Lessor shall bc responsible for maintenance and repair of all fire protection cquipmcnt necessary to conform to the requirements of the State and/or County Firc 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, Xl. EXPIRATION OF TERM: At the expiration of the term. the Lessee will peaceable yield up to the Lessor thc demised premises in good and tcnantable repair. It is undcrstood and agreed betwecn the parties that the Lessee shall have the right to remove from the premises all personal property of the Lessee and all fixtures, machincry, 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 they were prior to the rcmoval, XII, SUBLETTING AND ASSIGNMENT: The Lessee upon the obtaining of the written consent of the Lessor. which written consent shall not capriciously be \vithheld. 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, XIII. NOT CONSENT TO SUE: The provisions, terms, or conditions of this Lease shall not be construed as a consent of Monroe County to be sued because of said leasehold, XlV. WAIVER OF DEFAULTS: The waiver by the Lessor of any breach of this Lease by the Lessee shall not be construed as a waiver of any subsequcnt breach of any duty or covenant imposed by this Lease. :\ XV. RIGHT OF LESSOR TO INSPECT: The Lessor, at all reasonable times during regular business hours, may entcr into and upon the dcmised premises for the purpose of viewing the same and for thc purpose of making any such repairs as thcy arc requircd to makc undcr thc terms of this Lease, Repairs shall be limited to non- busincss hours unless an cmergcncy situation exists, XVI. BREACH OF COVENANT: If the Lcssee shall neglect or fail to perfoml or observe any covenant herein contained, which on the Lcssee's part is to bc pertonned and such default shall continue for a period of thirty days after rcceipt of \'\Titten notice thereof from the Lessor to the Lessee, thcn the Lessor lawfully may, immediately or any time thereafter, and without hlrthcr noticc or dcmand, cnter into and upon the demised premiscs, or any part thereof and rcpossess the same as of thcir fonncr estate and expel thc Lcssce and remove its effects forcefully, if necessary, without being taken or deemed to be guilty of any manner of trespass and thereupon this demise shall terminate but without prejudicc to any remedy which might otherwise be used by the Lessor for arrears of rent or for any breach of the Lessee's covenants herein contained, XVII, ACKNOWLEDGEMENT OR ASSIGNMENT: The Lessee upon the request of the Lessor shall execute sueh acknowledgement or acknowledgments, or any assignment or assigmllents, of rentals and profits made by thc Lessor to any third person, firm or corporation. provided that the Lessor will not make such rcqucst unless required to do so by the Mortgage under a mortgage or mortgages. executed by the Lcssor. XV III , AVAILABILITY OF FUNDS: The obligations of the Lessee under this Leasc Agreement arc subject to the availability of funds lawfully appropriated annually for its purposes. by the Monroe County Board of County Commissioners. XIX, USE OF PREMISES: The Lessee \vill not make or suffer any unlawful, improper or offcnsivc use of the premiscs or any use of occupancy thereof contrary to thc Laws of the State of Florida or to such Ordinances of Monroe County now in effect or hereinaftcr adopted, as may be applicable to the Lessce. XX, NOTICES: All notices required to be served upon the Lessor shall be served by ccrtified mail, return receipt requested. at Chaplin Real Estatc, 5190 Overseas Highway, Marathon. Florida 33050, and all notices rcquired to be served upon the Lessee shall be served by certified mail, return receipt rcquested. at thc Division of Public Works, Facilities Maintcnancc Department, 3583 S. Roosevelt Boulevard. Key West Florida. 33040, <.J. XXI. RADON GAS NOTIFICATION: Radon is a naturally occurring gas that, when it has accumulated in a building in sufficient quantities, may prcscnt health risks to pcrsons who arc exposcd to it over time, Lcvels of radon that cxcccd fedcral and statc guidelines have becn found in buildings, Additional information regarding radon and radon tcsting may be obtaincd from your county public health unit. XXII, LEASE TERMINATION This lease may be tcnninatcd by thc Lcssce upon written sixty (60) days notice to the Lessor that the Lessee has obtained adcquatc officc spacc in a governmcntal building, XXIII. ETHICS CLAUSE: Lessor warrants that it has not cmploycd, rctaincd or otherwise had act on its behalf any fomlcr County officer or cmployec subject to thc prohibition of Section 2 of Ordinance No. 0 I 0-1990 or any County oftlccr or cmployee in violation of Scction 3 of ordinance No, 020-1990, For brcach or violation of this provision the lessee may, in its discretion, deduct from thc contract or purchase price, or otherwise recovcr the full amount of any fee. commission, percentage, gift, or considcration paid to thc former County officer or employee, XXIV, AMERICAN WITH DISABILITIES ACT: The lessor herein expressly agrees to maintain the subject prcmises in full compliancc with the American Disabilities Act. Further, thc lessor shall be liable for any cost or expenditure associatcd with said compliance, Thc lessor shall be fully rcsponsible to restore all rest room facilities to mcct ADA requirements at the expense of the lessor, prior to occupancy, XXV, PUBLIC ENTITY CRIME: A pcrson or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimc may not submit a bid on a contract to provide goods or scrvices to a public entity, may not submit a bid on a contract with a public entity for construction or rcpair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awardcd or pcrfonn work as a contractor, supplicr, 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 providcd in Scction 287,0] 7, F,S, for CATEGORY TWO for a period of36 months from the datc of being placcd on the convictcd vcndor list. (CATEGORY TWO: $10,000,(0) XXVI. DEFINITION OF TERMS: (I) The tcnns "lease", "leasc agrcemcnt", or "agreement" shall be inclusive of each other and shall also include any renewals, extensions or modifIcations of this Lease, (2) The tenn "Lessor" and "Lessee" shall include the succcssors and assigns for the parties hereto, 5 (3) The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits, XXVII, ADDITIONAL CONDITIONS: No additional covenants or conditions forn1 a part of this Lease, IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written, ORIGINAL SIGNATURES REQUIRED ON ALL COPIES. LESSOR: By: ~- APPROVED AS TO FORM AND LEGALITY: GENERAL COUNSEL MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS MON COUNTY. FLORIDA By: County Attorney ,.'''' '",: .} ft!eAII ., 'Z ".;..;.'..,""""'1 >'>", .:/ , ...~J // ..../ ATTEST: DAN~;Y l. K8LHAG2 CU:RK 'l<:".......~...~.~... ""<,' .' 8'1 o TYC Approval Date Clerk () CHAPLI~ REAL ESTATE TEL:305-743-3l94 May 29 93 7:02 No.OOl P.Ol & PHILLIPS & TRICE SURVEYING, INC. )A('~' 1'1111 (11'\ 1'1 ,,,.Il!!.. tllf"'"Il! .,n " Prolfn;onill tilnd Survfyors 1204 Simonlon Slrfel J<ey' West, Florida 33040 (305) 294-4747 )01 M '"Ill. r 1 \ lltllj'l." (fI/IIIl! ." 11" ." 10 tb u.~. \.JIC.WWAY U!2: OW E:. Ii ~" j~ 100'''/....1 " 12.2,0' .\ '" ; tl ~ .. I i .. ~ 8 l .. .,~ f -41 '1:1 't1 0 ~ ,. t:> '" G H I\) '1 '1 po '1 0 .... '2' ('l't1 < 2S' III III III .....'11; VI .....1\) o....e. '!Yf'OP- .t C.~& '<'< i ~ . ill -N 0" III 0 l1)1\) 0 ~ 'It ' 0 ~ ~ ::rlll 0 N ....1Il N 1r\1! '"' ::I El i '"' Q.l1) I e! 8 :. ::l .......... ::r ......... III 0 I=EI-lc:..f'. / Ie.e,o' SPECIFIC PURPOSE SURVEY TO CREATE A NEW PARCEL: ^ 122 foot strip of land in a part of Government Lots 1 and 2, Section 10, Township 66 South, Range 32 East, being on Rey Vaca, Monroe County, Florida, and beinry more particularly described by metes and bounds 8S follows: nF.C'iIN"t the intersection of the Northwest corner of "MARAMEADE SUBDIVISION" as recorded in rlat nook 2, l'i1gP. 185 of the Public Records of Monroe County, Florid!!, and the Southeasterly right of way line of u.s. IIighway No.1, thence South H" 20' West along the Southeasterly right of way line of U.S. lIighway No.1, 122 feet to a point; thence South 15. 40' East, 200 feet to a point: thence North 74" 20' East, 122 feet to a point: thence North 15" 40' West. 200 fE'et hild to the I'oint of Beginning. SURVEY FOR: ISLAND MARINA, INC. I HEREBY CERTIFY that the Specific rurpose !.;urvey delineated hereon meets or exceeds the minimUJ1l technical standards as set forth by the Florida Board of Land Surveyors, pursuant to Section 472.027 of the Florida Sti'.ltutes. and that there are no encroachments, above ground, oth~r than those shown hereon, 'I IllS SlIRn:\' t-: NilI' "^1.I1l IINI,":S-S OIll()~SJ:l' wnll ^ 1t^"WIl SL~1. PllnLII'S (, TnlCE SUnVEVING, INC. ~rl~!-t. ~t-< , Surveyor' ('ert. '2JI0 April 17, 1987 Key West, Florida "Exhibit A"