Item C24 C.24
County of Monroe P W
;� w 1rJ� BOARD OF COUNTY COMMISSIONERS
r,�� Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5
y Michelle Lincoln,District 2
James K.Scholl,District 3
Ij David Rice,District 4
County Commission Meeting
February 15, 2023
Agenda Item Number: C24
Agenda Item Summary #11710
BULK ITEM: Yes DEPARTMENT: Fleet Management
TIME APPROXIMATE: STAFF CONTACT: Daryl Greenlee (305)292-3452
n/a
AGENDA ITEM WORDING: Approval of a Second Amendment to Lease Agreement with
Rockland Investment Corporation, Inc., for the temporary Rockland Key Fleet Garage Lease, to
include an additional parcel beginning February 15, 2023. The additional monthly rental amount is
$1,134.42 for the additional parcel.
ITEM BACKGROUND: Approval of a Second Amendment to Lease Agreement with Rockland
Investment Corporation, Inc., for the temporary Rockland Key Fleet Garage Lease, to include an
additional parcel starting February 15, 2023. The additional monthly rental amount is $1,134.42
Dollars for the additional parcel. Funding is from the Fleet budget.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved the original Lease Agreement on
March 17, 2021 and the First Amendment on November 15, 2022—Agenda Item Summary 411368
4 F.35.
CONTRACT/AGREEMENT CHANGES:
Second Amendment to include an additional parcel
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Rockland Key Lease - Original lease - fully executed
F35—Rockland Investment Corp. Inc_- fully executed
Monroe County - RIC - Proposed Amendment to Lease Blank Form - 1-27-23
Second Amendment dated 01.31.2023 Signed
FINANCIAL IMPACT:
Effective Date: February 15, 2023
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Expiration Date: March 16, 2024
Total Dollar Value of Contract: 142,365.22
Total Cost to County: 142,365.22
Current Year Portion:
Budgeted: partially
Source of Funds: 504-23501-SC_00050 Rentals & Leases
CPI:
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A to this Amendment
Additional Details: An additional parcel is added to the lease space at a total monthly amount
of$1,134.42 per month
Monthly rent for the additional parcel is $1,134.42 per month - February 15-28, 2023 -prorated
@ $40.52 per day @ $567.28,plus March, 2023, through September 2023 - total of $8,508.22.
This additional expense is not budgeted.
02/15/23 504-23501 - FLEET MGT SVC ADMIN $8,508.22
Rent Rockland Key
REVIEWED BY:
Daryl Greenlee Completed 01/31/2023 2:55 PM
Kevin Wilson Completed 01/31/2023 3:42 PM
Christina Cory Completed 01/31/2023 3:45 PM
Purchasing Completed 01/31/2023 3:57 PM
Budget and Finance Completed 01/31/2023 3:58 PM
Brian Bradley Completed 01/31/2023 4:16 PM
Lindsey Ballard Completed 01/31/2023 4:19 PM
Board of County Commissioners Pending 02/15/2023 9:00 AM
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C.24.a
el
nevin Madok, CPA
• Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: March 19,2021
TO: Kv in G.Wilson, PF
Assistant County Administrator
Suzanne Rubio
Executive Administrator
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FROM: 1"Muria(,. Hanc k .C.
SUBJECT. Marc)► 17" BOCC Meeting
Attaclie(I is an electronic-copy of the lt)III(wing item for your liandling.
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0 R Lease Agrectvrent wit] Rockland [nvestinent Corlxmralion, Inc. for a building and
ground space as m interim Fleet Maintenance Facility on Rockland Key,at a cast cif$103,257.00
per year(lulus prorcta ,%•lure of properly tax). Funding is from Fleet budget.
Should you leave arty questions please feel free to contact me at (305) 292-3.550.
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County Attorney
Finwic e
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Flonda 33050 Plarriatim Key„Florida 33070 Plantation Key,Florida 33070
305-294-4641 305 289-6027 305 852-7145 30 Packet Pg. 999
FT24.a I
LE&U,,AGREEMENT
THIS LEASE AGREEMENT is made and entered into on this 170'day of March, 2021, by
and between ROCKLAND INVESTMENT CORPORATION, INC, a Florida Corporation,
authorized to do business in the State of Florida, ("Lessor"), whose principal address is 615-B
United Street, Key West, Florida 33040, and MONROE COUNTY,a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040
("Lessee" County,)), 0 and. W
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WHEREAS, the County has negotiated with the Lessor forte lease of that certain
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property, improvements and structures situated at and commonly known as III Overseas
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Highway, Unit No. 300, Rockland Key, Monroe County, Florida 33040, with Parcel Identification
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No. 00122070-000200, ("Property"), for use of certain areas of the Property to provide a
warehouse unit and limited surrounding land for use byte County as a location for its Fleet
Department operations for the Lower Keys area; and X
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WHEREAS,as a condition of the Lease pursuant to Paragraph I oft is Lease Agreement, 75
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the Lessor and Lessee agree that upon execution of the Lease, the Lessor and/or Lessor's other
tenants may retain use of certain other areas of the Property, in addition tote use by the County
of the remaining areas, from the execution of the Lease date pursuant tote terms and conditions 0
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as set forth in this Lease Agreement; and
WHEREAS, the Lessor desires to lease the herein described Property tote County and
retain the current use of other are of the 11 I Overseas Highway,Rockland Key parcel to continue
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in any current operations while the County proceeds with its proposed use of its designated W
Property; and E
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e Lessee is willing to lease the Property for the purposes of Lessee's
operations and allow Lessor to retain control of certain other designated for its use during
the Lease term, ai
NOW,THEREFORE, IN CONSIDERATION of the mutual promises and covenants set
forth below, the parties agrees as follows:
I. Premises. The Lessor does hereby lease to Lessee and Lessee leases from the
Lessor, the Property situated at and commonly known as I I I Overseas Highway, Rockland
y, Monroe County, Florida 33040, and more particularly described as a total of 5,834 Sq„
ft.. which consists of 928 Sq. ft. of Office Space arid 3,654 Sq. ft. of Main Warehouse Space, 0
both of which are on the ground floor of the building, and 324 Sq. ft. of Security Storage Space
and 928 Sq. ft, of Mezzanine Storage Space, both of which are on the Second Floor of the
building,plus an additional 59 feet of the surrounding outside property immediately rth of the
existing building, referred to herein as the "Main Parcel"; plus an additional ground area of 40 E
feet of the surrounding outside property West oft e building,referred to herein as the"Secondary
Parcel, and collectively known as the "Premises" or "Sole Use Areas", as more particularly 0
described on Exhibit "A" setting forth Lessee's designated area of the parcel, attached to this
Lease and made a part hereof. This Lease allows the continued exclusive use of certain other
areas of the building and/or surrounding property by the Lessor or its other tenants.
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2Term n iv ate. Subject to and upon the terms and conditions as set
forth herein, the initial term of this Lease shall be for two (2) years, with the term to commence
on March 17, 2021, and to ite on March 16, 2023, unless earlier terminated as provided in ,
this agreement. Lessee shall take possession upon approval of this Lease Agreement by the
Board of County Commissioners to initiate the build-out and improvements that are required for
the Fleet Management operations on the Premises. The payment of rent shall commence at set
forth in Paragraph 8 herein,
3. Extension Period. There shall be three ( ) additional one (1) year extension
periods anticipated as partof this Lease with annual renewals after the initial term of this Lease,
upon approval of both parties. In the event that Lessee chooses to exercise its option to extend
the lease term, Lessee will notify Lessor ninety (90)days prior to the expiration of the Lease. in
writing, that it desires a renewal of the Lease, upon the same terms and conditions, as set forth
herein,and said Lease renewal shall be set torth in a written amendment to this Lease.
4. i a sit. o security deposit will be required. If the Lessee vacates or 0
abandons the Premises in violation of this Lease, any property belonging to the Lessee that the ..
Lessee leaves on the Premises shall be deemed to have been abandoned and may be retained by
the Lessor as property of the Lessor, or be disposed of"at a public or private safe, provided that
Lessor first provides twenty (20) days' written notice to the Lessee and provides a reasonable
opportunity for Lessee to retrieve such r e y. Any proceeds of such sale, at the current fair
market value, may thereafter be applied by Lessor against: (1) expenses of the Lessor for
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removing, storage or sale of the personal property, (2)the arrears of rent, or future rent, payable
under this Lease,and(3)any other damages to which the Lessor may be entitled hereunder. The
lance of any such amounts,of any, shall be givento the Lessee.
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5. Ben . The amount lessee shall pay to the Lessor for the Premises shall be as
follows: Six Thousand Six Hundred Ninety-rive and 001100 ( 6, 5.0 Dollars per month as
the Base Rent for the Main Parcel and One Thousand Five Hundred and 00/10 ( 1,50 .0 )
Dollars r month as the Base Rent for the Secondary Parcel. Other monetary obligations of
Lessee owes to Lessor under the terms of this Lease are herein referred to as "AdditionalRent".
Lessee shall also pay monthly, as Additional Rent, a portionof the Common Area Maintenance
Costs ("C.A. .), in the amount of five percent (5%Q) of the base rent for the Main Parcel in the
aunt of Three Hundred Thirty-four and 75/ 0 ( 334.75) Dollars per month.
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. Tu The Lessor shall pay all taxes and assessments, if any, including any sales 0
or use tax, levied y any govemmental agency with respect to the Lessor's operations on the
Premises and ownership of the Property. Lessee is a political subdivision of the State of Florida
and is not obligated to pay any sales tax under this Lease Agreement. The leased remises is a
newly created parcel within the entire Property so the Lessee's baseline prorata share of the taxes. E
is unknown at this time. Lessee agrees to pay Lessor, as Additional Rent, Lessee's proportionate
share of the tax expenses in monthly installments once the rate has been agreed upon by Lessor 0
and Lessee. Lessor shall furnish Lessee with a written Statement of the actual amount of Lessee's
proportionate share of the tax expenses and Lessee shall pay same as a part of its monthly payment W
to Lessor for the base rent, C.A.M. costs, utilities,or any other such rent expense that may be due
to Lessor.
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7. !Jjilijigj, Lessee shall be responsible for payment of all utilities on a monthly
basis, including but not limited to the following as necessary, water, electric, sewer, solid waste, 75
trash 4-
trash removal,telephone, intemei service,cable, LP gas, insect and rodent extermination, or other
such similar utilities, as used or consumed y Lessee in the Premises. If any such services are to
be separately metered to Lessee, then Lessee shall be required to arrange and pay all charges
customarily charged for connection of such services by the applicable provider thereof, including
connection fees, the cost of the meters therefore,and any required deposits or prepayments. In the
event separate bills are not obtainable for such utility expenses, Lessees all pay to Lessor the ,
Lessee's proportionate share of such charges and expenses for its use and consumption, as billed
monthly by Lessor, and shall be referred to as Additional Rent.
8. _Paymen,t,of Rent. The payment of rent shall commence on May 1. 2021, or upon
Lessee actually commencing its daily Fleet Management operations at the Premises, whichever
occurs first. Lessee shall pay to Lessor the Base Rent plus any other Additional Rent in lawful
money of the United States, without offset or deduction on a monthly basis. As a condition 0
precedent for any payment due under this Lease, the Lessor shall submit monthly,on or before the
fifth (5"')day of each month, unless otherwise agreed in writing by the Lessee, a proper invoice to
the Lessee requesting payment fort e then applicable monthly Base Rent and any Additional Rent, E
if applicable. The Lessor's invoice shall describe withreasonable particularity the aforementioned
information in order to necessitate payment by the Clerk of the Court. The Lessor's invoice shall
be accompanied y such documentation or data in support oft the Base Rent and/or any Additional
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Rent for which payment is sought as the Lessee may require. Lessor's invoice shall be submitted
to the Fleet Management, 3583 S. Roosevelt Blvd., Key West, Florida 33040. Payment of any
Base Rent or Additional Rent will be made pursuant to the Local Government Prompt Payment
act Section 218.70, Florida Statutes. Payment of Base Rent and Additional Rent shall be made to
Lessor at its address stated herein or to such other persons or at such other addresses as Lessor
may from time to time designate in writing to Lessee. Base Rent and Additional Rent are
collectively referred to as "Rent" or"rent". All monetary obligations of Lessee to Lessor under
the terms of this Lease are deemed to be Rent.
9. Insurance and Liability. Lessor shall provide a commercial general liability
insurance policy with a coverage limit of no less than One Million and 00/100 ( 1,000,000.00)
Dollars for the Property and its own operations. Lessor shall maintain its current property
insurance coverage on the entire Property insured for the full Replacement Value of the total W
structure. Lessor and Lessee agree to waive coverage for wind or flood insurance by 0
either party. Lessee shall maintain sufficient insurance to insure the Lessee's contents
and any other personal property used by the Lessee in its Sole Use Areas and to protect
the Lessor and Lessee from all claims of property damage and personal injury, including
death, whether the claims are under the Worker's Compensation Act or otherwise, which E
may arise from its operations under this Lease.
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Lessee shall not occupy or use the demised Premises or permit them to be occupied or used for
any business or purpose that would increase the premium for fire insurance on the building under (n
the normal rates applicable. Lessee agrees to be responsible and hold the Lessor harmless from
and against any and all loss, claims, liability or costs (including court costs and attorney's fees)
incurred by reason of Lessee's use of the property as an operations center for Lessee's Fleet
Department to the extent permitted by Florida Statute Sec. 768.28. Notwithstanding anything
contained in this Lease to the contrary, Lessee, as a political subdivision of the State of Florida 4-
does not waive and expressly reserves its sovereign immunity, except as provided in Florida
Statute, Sec. 768.28.
10. Mechanic's Liens. Lessee further agrees that Lessee will pay all of Lessee's
contractors, subcontractors, mechanics, laborers, materialmen and all others, and, subject to the
limitations set forth in Fla. Stat, Sec. 768.28, will indemnify Lessor against all legal costs and
charges, bond premiums for release of liens, and counsel fees reasonably incurred in the
commencement or defense of any suit by the Lessor to discharge any liens, judgments, or
encumbrances against the Premises caused or suffered by Lessee. It is understood and agreed
between the parties hereto that the costs and charges above referred to shall be considered as
additional rent due under this Lease, payable upon demand.
The Lessee herein shall not have any authority to create any liens for labor or material on
the Lessor's interest in the above- described property, and all persons contracting with the Lessee
for the doing of work or the furnishing of any materials on or to the Premises, and all
materialmen, contractors, mechanics and laborers, are hereby charged with notice that they E
must look to the Lessee only to secure the payment of any bill for work done or materials
furnished during the term of this Lease. Pursuant to Section 713.23, Fla. Stat., the liens
authorized in Ch. 713, Fla. Stat. does not apply to the Lessee.
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1 1. RCIalignihip gfJ!AIJjSLThe Lessee is,and shall be an independent contractor
and not an agent or servant of the Lessor. The Lessee shall exercise control, direction, and
supervision over the means and manner that its personnel, agents, employees, and volLmteers
perform work for which purpose this Lease is entered. The Lessee shall have no authority
whatsoever to act on behalfan /or as agent for the Lessor in any promise, lease,or representation
other than specifically provided for in this Lease. The Lessor shall at no time be legally responsible
for any negligence on the part of the Lessee, its personnel, agents, employees, or volunteers
resulting in either bodily or personal injury r property damage to any individual. property, or
corporation.
12. Termination. This Lease may be terminated t the discretion of the Lessor in
e following circumstances:
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A. Lessee fails to pay the rent when e-,
B. Lessee otherwise breaches the terms oft is Lease, and
C. Lessor may terminate this Lease for convenience upon giving one hundred eighty
(1 0)days' prior written notice tote Lessee.
This Lease may be ten-ninated by Lessee in the following circumstances:
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A. The County of Monroe, or any other applicable governmental entity shall raise
zoning challenge, in which case Lessee shall be entitled to terminate this Lease
on giving one hundred eighty (1 ) days' written notice to Lessor-,
B. The aunty's performance and obligation to pay under this Lease is contingent
upon an annual appropriation by the Board of County Commissioners and the
approval of the Board memberst the time of the Lease initiation and its duration,
C. e Lessee acquires e t space in a County-owned or State-owned building or 75
other real property sufficient to allow Lessee's current use of the Premises herein
to be transferred to such other County or State owned property; an
D. Lessee may terminate this Lease for convenience upon giving one hundred eighty
(1 0) days' prior written notice to the Lessee.
11 Uses. The Premises shall be used solely for the purposes of conducting the
Lessee's proposed Fleet services/activities related to its Fleet Department operations or other such
County uses. Lessee shall neither commit, nor permit waste of the demised r ises, shall use
with care and shall not destroy or remove without consent of the Lessor, any fixtures or
improvements of the Premises. Lessee shall not maintain, commit, or permit. the maintenance or
commission of any nuisance on the Premises. Any dunages resulting from misuse shall be borne c,
y the Lessee. o
Lessee shall be pen-nitted to erect signs on the Premises with prior permission of Lessor,
including but not limited to a sign containing the name of Lessee's operations. The Lessor's
decision on signage will be delivered no later than fifteen (l ) days after the Lessee's request.
Lessor and/or its other tenants retain the right to display signae for its own purposes provided it
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sets all legal requirements. Lessee shall not remove any interior or existing signs without
Lessor's consent) fission.
14. MainlInance. During the term of this Lease, Lessee agrees to be responsible
for the maintenance and janitorial services of all areas, both interior and exterior, of the lease
Premises, which Lessee utilizes. Lessee shall also maintain the exterior grounds of its lease
Premises. All maintenance and janitorial service shall be completed within a reasonable
timeframe. The foregoing provision notwithstanding, the Lessor and/or its other tenants agree to
be responsible for maintenance and janitorial service of the other areas of the Property. Lessee
must keep the Premises tinder the sole use and control of the Lessee in goodorder and condition.
t the end of the term of this Lease, the Lessee must surrender the Premises to the Lessor in the
same good order and condition as the Premises were on the co ence et o the to , o l o
wear and tear excepted.The Lessee shall not commit waste on the Premises,nor maintain or permit o
nuisance on the Premises. After termination or expiration of this Lease,the Lessees all pay the
Lessor the cost of any repairs and clean-up necessary to restore the Premises to its condition at the
commencement of the Lease, normal wear and tear excepted.
15, Improvements and Regairs. Lessee reserves the right from time to time to make
such improvements, alterations, renovations, changes and repairs in and about the Premises as
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Lessee shall deem desirable; and Lessee shall make no claims against Lessor for the interference (n
withLessee's leasehold interest, or loss of damages, to its operation during such improvements,
alterations, renovations, changes and repairs.
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Lessee shall have the right at Lessee's own expense to improve or alter the interior and
exterior of the leased Premises. Any improvements or alterations ro osmust first be submitted
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in writing for approval by the Lessor. No improvements or alterations shall be made without the
prior written consent of the Lessor, which consent shall not be unreasonably withheld. The
Lessor's decision on Lessee's request for consent will be delivered no later than seven (7) days
after the delivery of the request. If no decision is issued, then the Lessor shall be deemed to have
consented. If Lessee's improvements or alterations result in the need to retrofit or alter the existing ,
structure, such additional work shall be at Lessee's expense.
Lessee covenants that any such improvements and alterations shall be made in a
workmanlike manner and in compliance with all federal, state, and municipal laws and
requirements, including all permits and approvals required in connection with any improvements,
alterations, or repairs. Lessee's improvements or alterations erected or made on the demised
Premises shall, upon expiration or sooner termination of this Lease, to to the Lessor. o
With respect to repairs and/or replacement of all mechanical infrastructures, Lessee and
Lessor shall mutually agree that the repair and/or replacement is necessary. a Lessee shall bear
the first One Thousand an /1 ( 1, .0 ) Dollars of the cost of repair and/or replacement o
mechanical infrastructures. Thereafter, the Lessors all bear one hundred percent (1 0%) of any
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cost of repair and/or replacement in excess of One Thousand and 00/100($1,000.00) Dollars. For
purposes of this paragraph, the to "mechanical infrastructure" means the roof and air
conditioning/heating systems. Except as set forth herein, Lessee shall be responsible for
maintaining,repairing or replacing all existing electrical/plumbing infrastructures and components
on or in the Premises.
16. Assian Lessee may not assign this Lease or assign or subcontract any of
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its obligations under this Lease without the prior written approval of the Lessor. All the obligations
of this Lease will extend to and bind the legal representatives,successors,and assigns of the Lessee
and the Lessor,
17. i This Lease is subordinate to the laws and regulations of the 0
United States, the to of Florida, and Monroe County, whether in effect on commencement of W
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this Lease or adopted after that date.
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18. 1,j=jC&, Lessee shall be responsible for and provide all licenses required by
all local, state,and federal agencies.
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19. PrSmI1UtobeU1S0 f9r Lawful Pgrp&UL. It is expressly covenanted between
the parties hereto that the Lessee will not use, suffer nor permit any person to use in any manner 0
whatsoever the leasehold property, nor any portion thereof, for purposes calculated to injure the
reputation of the leasehold property or of the neighboring property, nor for any purpose or use in
violation of the laws of the United States,or of the State of Florida,or of the Ordinances of Monroe
County, Florida, or of the Ordinances of any applicable municipality. Lessee will keep and save
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the Lessor forever harmless from any penalty or damage or charges imposed for any violation of 0)
any of said laws,whether occasioned by neglect of Lessee and Lessee will indemnify and save and 2%
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keep hannless the Lessor against and from any loss, cost, damage, and expense arising out of any 4-
accident or other occurrence,causing injury to any person or property whomsoever or whatsoever,
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and due directly or indirectly to the use of the leasehold Premises or any part thereof by Lessee.
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20. Limillfi2n gLt&essor`&WkifilL It is further agreed that in no case shall the
Lessor herein be liable, under any express or implied covenants in the Lease, for any damages
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whatsoever tote Lessee beyond the rent reserved by the Lease accruing, for the act, or breach of
covenant, for which damages may be sought to be recovered against said Lessor, and that in the U)
event said Lessee shall be ousted from the possession of said property by reason of any defect in
the title of said Lessor or said Lessor's authority to make this Lease, said Lessee shall not be
required to pay rent under this Lease while it is so deprived of said property, and that said Lessor
shall not incur any liability as a result of such ouster.
21. bL2_)YAL1vtrjff Br and agreed between the 0
ULO, It is further mutually covenanted W
parties hereto that no waiver of a breach of any of the covenants oft is Lease shall be construed 4i
to be a waiver of any succeeding breach of the same covenant.
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22. jsaE:LRkJLL9L&gLeM The Lessor reserves the right hereunder to enter upon
the Premises at any reasonable time during normal operating hours for the purpose of inspecting <
said Premises to determine whether Lessee has complied and is complying with the terms and
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con itions of this Lease. The Lessee hereby agrees to keep the Premises at all times in a clean
sanitary condition. and not to maintain or keep upon said Premises any properties or equipment
not used in connection with the operation of said business, unless authorized by the Lessor to do
so.
3. es_ si ill fQr ZE2MM..9n_Lease hold. All property of any kind that maybe
on the Premises during the term of this Lease shall be at the sole risk of the Lessee. The Lessor
shall not be liable to the Lessee or any other person for any injury, loss, or damage to property or
person on the Premises
2 a to LeasChold. In the event that the demised Premises, or a major part
thereof,are destroyed by fire, storrn, or any other casualty, the Lessor at its option may forthwith
repair the damage to the Premises and any structures located thereon at its own cost and expense. o
The rental thereon shall cease until the completion of such repairs, If Lessor exercises its option to 0
repair the Premises, Lessee agrees to assign its right to the insurance proceeds to the Lessor.
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25. CondtMaltion. If the whole of the leased Premises, or such portion thereof as
will make the leased Premises unusable for the purposes leased ereu er, shall be taken by any
public authority under the power of eminent domain or sold to any public authority under threat
or in lieu of such take, the Tenn shall cease of the day possession or titles all be taken by such 0
public authority, whichever is earlier ("Taking ate"), whereupon Rent shall be paid up the the
Taking Date with a proportionate refund by Lessor of any Rent paid for a period subsequent to the
Taking Date. If less than the whole of the leased Premises, or less than such portion thereof as
will make the leased Premised unusable for the purposes leased hereunder,shall be taken,the Term
shall cease only as to the part so taken as oft the Taking Date, and Lessee shall pay Rent up to the
Taking Date, with appropriate credit by Lessor (toward the next installment of Rent due from
Lessee)of any Rent paid fora period subsequent to the Taking Date. Base Rent and other charges 75
payable to Lessor shall be reduced in proportion to the amount of the leased Premises taken. All
compensation awarded or paid upon a total or partial taking of the leased Premises including the
value of the leasehold estate created hereby shall belong to and be the property of Lessor without
any participation by Lessee; Lessee shall have no claim to any such award based on Lessee's
leasehold interest. However, nothing contained herein shall be construed to preclude Lessee, at its
cost, from independently prosecuting any claim directly against the condemning authority in such
condemnation proceeding for damage to,or cost of removal o , stock, trade fixtures, furniture, and
other personal property belonging to Lessee, improvements paid for by Lessee, and moving
other reasonable relocationexpenses; provided, however, that no such claims all diminish or
otherwise adversely affect Lessor's award.
26. to e a ire e. Lessee shall, at any time and from time to time, within ten
(1 ) business days after written request by Lessor, execute, acknowledge and deliver to Lessor, or 0
its mortgagee or trustee, a statement in writing duly executed by Lessee (i) certifying that this
Lease is in full force and effect (if that be the case) without modification or amendment (or, if
there have been any modifications or amendments, that this Lease is in full force and effect as E
modified and amended and setting forth the modifications and amendments), (ii) certifying the
dates to which rental have been paid,and (iii)either certifying that to the knowledge of the Lessee
o default exists under this Lease or specifying each such default; it being the intention and
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agreement of Lessor and Lessee that any such statement by Lessee may be relied upon by a
prospective purchaser or a prospective or current mortgagee of the [eased Premises, or by others,
in any matter affecting the leased Premises.
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27. Righig Rr&e Rights not specifically granted to Lessee by this Lease are
reserved to the Lessor.
28. Indimilifisali2a I Ugid liaEmIlla, Subject to and without waiving the protections
of Section 768.28, Florida Statutes, Lessor and Lessee shall each indemnify, defend, and hold
harmless the other party and the other party's employees, agents, guests, invitees, and contractors
(the"Indemnified Parties") from and against any and all loss, damage, claim,demand, liability or
expense(including reasonable attorneys' fees)resulting from claims by third parties and based on
any acts or omissions(specifically including negligence and the failure to comply with this Lease) 0
of the Indemnitor, its employees, agents, guests, invitees, and contractors and only to the extent 0
caused in whole or in part by acts or omissions of the Indemnitor, its employees, agents, guests.
invitees,and contractors regardless of whether the claim is caused in part by any of the Indemnified E
Parties. When any claim is caused by the joint acts or omissions of the Indernnitor and the
Indemnified Parties, the Indemnitor's duties under this paragraph shall be in proportion to the
E
Indemnitor's allocable share of the joint liability.
0
29. G_over ning,Law, Venue, and Interpretation. This Lease shall be governed by
and construed in accordance with the laws of the State of Florida applicable to contracts made and
to be performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Lease, the Lessor and Lessee
agree that venue will lie in the appropriate court or before the appropriate administrative body in
X
Monroe County, Florida. 0
2%
75
The Lessor and Lessee agree that, in the event of conflicting interpretations of the to or
0 1
a to of this Lease by or between any of the the issue shall be submitted to mediation prior to U)
the institution of any othera miistrative or legal proceeding. .2
30. E21`19 NB k Any prevention,delay,or stoppage due to strikes, lockouts, labor
disputes, acts of God, including inclement weather and/or periods of rain or other weather 0
conditions, inability toobtain labor or materials, or reasonable substitutes therefore, governmental
restrictions or requirements, governmental regulations, govemmental controls, inability to timely
obtain governmental approvals, failure of power,riots, insurrection,ware or other enemy or hostile
government action, civil commotion, fire or othcr casualty, early closure of asphalt plants, and
other causes beyond the reasonable control of the party obligated to perform, shall excuse the
performance by such party fora period equal to any such prevention,delay, or stoppage, including
0
the obligations of Lessor to deliver the leased Premises. The foregoing force majeure provisions W
are inapplicable to any payments of money due under this Lease
E
31. S ever abilily, If any term, covenant, condition, or provision of this Lease (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions, and
9
FPacket Pg. 1008
C.24.a
provisions of this Lease, shall not be affected thereby; and each remaining term, covenant,
condition, and provision of this Lease shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms. covenants, conditions, and
provisions of this Lease would prevent the accomplishment of the original intent of this Lease
The Lessor and Lessee agree to reform the Lease to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
0
31tier 111 1011'
nacts. The Lessor and Lessee agree that in the event any cause
of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Lease Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative. and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and 0W
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted 0
pursuant to this Lease shall be in accordance with the Florida Rules of Civil Procedure and usual
rt
and customary procedures required by the circuit court of Monroe County.
33. Binding EMe E
Ct. The terms, covenants, conditions, and provisions of this Lease
shall bind and inure to the benefit of the Lessor and Lessee and their respective legal
0
representatives, successors, and assigns.
en
34. Authorilly. Each party represents and wan-ants to the other that the execution.
delivery and performance of this Lease have been duly authorized by all necessary County and
corporate action, as required by law.
X
0
35. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be, and 2%
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this 4-
Lease-, provided that all applications, requests, grant proposals, and funding solicitations shall be
U)
approved by each party prior to submission.
36. is tie 2f )jHMW,.9r,.Dk Free mjpjj. Lessor and Lessee agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions between
0
representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction
of the parties, then any party shall have the right to seek such relief or remedy as may be provided U)
by this Lease or by Florida law.
37. C22gerlji2n. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this Lease,
Lessor and Lessee agree to participate,to the extent required by the other party, in all proceedings.
hearings, processes, meetings, and other activities related to the substance of this Lease or 0
provision of the services under this Lease., Lessor and Lessee specifically agree that no party to
this Lease shall be required to enter into any arbitration proceedings related to this Lease.
E
38. Nondiscrimination. Lessor and Lessee agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has, occurred, this Lease automatically terminates
10
AN/
Packet Pg. 1009
-------------
C.24.a
without any further action on the part of any party, effective the date of the court order. Lessor
and Lessee agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the
Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the is
of race, color, religion,sex, and national origin; 2)Title IX of the Education Amendment of 1972,
as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis
of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended(42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5)The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616),as amended, relating to nondiscrimination
on the basis of alcohol use or alcoholism; 7)The Public Health Service Act of 1912, ss. 5 023 and W
527(42 USC ss, 690dd-3 and 290ee-3),as amended, relating to confidentiality of alcohol and drug 0
abuse patient records-, 8) Title VIII of the Civil Rights Act of 1968 (42 USC s.3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
E
Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time
to time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter E
14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, disability,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or age;
0
11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Lease. (n
39. CQuolof Qf NQ Into st. Lessor and Lessee covenant that neither presently has
any interest,and shall not acquire any interest, which would conflict in any manner or degree with
X
its performance under this Lease, and that the only interest of each is to perforrn and receive
benefits as recited in this Lease. 75
4-
40. Code of Ethics. Lessee agrees that officers and employees of the Lessee recognize
and will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of 0
certain information.
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41. N2,&fisjJaJIgntPaymcnJ. The Lessor and Lessee wary that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Lease and that it has not paid or agreed to pay any
person,company,corporation, individual,or firm, other than a bona fee loyee working solely
for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting
0
from the award or making of this Lease. For the breach or violation of this provision, the Lessee
agrees that the Lessor shall have the right to terminate this Lease without liabilityat its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, E
commission, percentage, gift. or consideration.
FPacket Pg. 1010
C.24.a
42. PUblig Access. The Lessor and Lessee shall allow and permit reasonable access
to,and inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Lessor and Lessee in conjunction with this Lease;and the Lessee shall have the right to unilaterally U)
cancel this Lease upon violation of this provision by Lessor.
43. Non-Waiver of IMSMnily. Notwithstanding the provisions of Chapter 768.28,
Florida Statutes,the participation of the Lessor and Lessee in this Lease and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the Lessor be required to contain any provision
for waiver,
0
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44. Ltl#1 QbIIiZgJi2n§ @nd_R=9nAJiifities. Non-Delegation of Constitutional or 0
Statutory Duties. This Lease is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to E
the extent of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this Lease E
is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the Lessee, except to the extent permitted by the Florida constitution, state
0
statute, and case law.
45. Non-R SlilngS,by,NlIn-PIrlies. No person or entity shall be entitled to rely upon
the terms, or any of them, of this Lease to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the Lessor and
X
Lessee agree that neither the Lessor nor the Lessee or any agent, officer, or employee of either 0
2%
shall have the authority to inform, counsel, or otherwise indicate that any particular individual or 75
4-
group of individuals,entity or entities, have entitlements or benefits tinder this Lease separate and
0
apart, inferior to, or superior to the community in general or for the purposes contemplated in this U)
Lease.
46. N2 ftrsonpl Li No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe 0
1
County in his or her individual capacity, and no member, officer, agent, or employee of Monroe 0
U)
County shall be liable personally on this Lease or be subject to any personal liability or
accountability by reason of the execution of this Lease.
47, E=pIIQn..A.CojM ter plM. This Lease may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Lease by 0
signing any such counterpart. W
48. Section Headings. Section headings have been inserted in this Lease as a matter E
of convenience of reference only, and it is agreed that such section headings are not a part of this
Lease and will not be used in the interpretation of any provision of this Lease.
FPacket Pg. 1011
.......... .... 1
49. N11JUAl RCvilw,' This Lease has been carefully reviewed by Lessee and Lessor;
therefore this Lease is not to be construed against either party on the is of authorship.
50. Notices. Any written notice or correspondence given pursuant tothis Lease shall
be sent by United States Mail, certified, return receipt requested, or by courier with proof of
delivery. The place of giving Notice shall remain the same as set forth herein until changed in
writing in the manner provided in this paragraph. Notice is deemed received when hand delivered
by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date
of refusal or non-acceptance of delivery. Notice shall be sent to the following persons:
LESSEE- LESSOR:
County Administrator Rockland Investment Corporation, Inc. 0
W
Monroe County Attn.: Steve R. Henson 0
1100 Simonton Street 615-B United Street
Room 2-205 Key West, Florida 33040 E
Key West. Florida 33040
E
And
0
County Attorney
Monroe County (n
I I 11 12111 Street
Suite 408
Key West, Florida 33040
X
0
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75
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51. rawalfive Remgdig, No remedy or election hereunder shall be deemed exclusive
but shall, wherever possible, be cumulative with all other remedies in law or in equity. U)
52. Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto,and there are no other agreements and understandings, oral or written,
with reference to the subject matter hereof that are not merged herein and superseded hereby. Any 0
amendment to this Lease shall be in writing, approved byte Board of County Commissioners,
U)
and signed by both parties before it becomes effective.
0
W
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[REMINDER OF PAGE INTENTIONALLY LEFF BLANKI
13
Packet Pg. 1012
............................,..............................,,,,............._.._.....,.,........................................._......_........,,_..w,,,,,..,,.m,,,,,,,,,,,. C.24.a
IN WITNESS WHEREOF. the parties hereto have set their hands and seals the day and
year first above written.
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LESSOR:
ROCKLAND INVESTMENT
CORPORATION, INC..
A Florida Corporation
42
WITNESSES: 0
By-
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Print Name Print Name
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Print Name
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1c = LESSEE: 75
BOARD OF COUNTY COMMISSIONERS
KEVIN MADOK.CLERK OF MONOE COUNTY. FLORIDA
By: By: e
As putt'Clerk Mayor/Chairperson
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C.24.a
EXHIBIT `•
Lessee's 5 on the Parcel
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ElxIh!ilbR A Irmnliffing inteiii�olii�
LEVEL 2- LOFT LEVEL 1
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........................... FPacket Pg. 1016
GVS COURTq°
o: A Kevin Madok, CPA
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�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: December 13, 2022
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TO: Daryl Greenlee, Director
Fleet Management
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Tammy Acevedo
Executive Assistant
FROM: Liz Yongue, Deputy Clerk 0
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SUBJECT: November 15th BOCC Meeting
a�
Attached is a copy of the following item for your handling:
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F35 First Amendment to Lease Agreement with Rockland Investment Corporation,
Inc., for the temporary Rockland Key Fleet Garage Lease, to include an additional parcel
retroactive to July 17, 2022, and extend the lease term for an additional year. The additional
monthly rental amount is $2,100.00 Dollars for the additional parcel. Funding is from the Fleet
budget.
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Should you have any questions please feel free to contact me at(305) 292-3550. X
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cc: County Attorney
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KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Packet Pg. 1017
FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement is made and entered into on this 15 ' day of
November, 2022, by and between ROCKLAND INVESTMENT CORPORATION, INC. a
Florida Corporation, authorized to do business in the State of Florida, ("Lessor"),whose principal
address is 615-B United Street, Key West, Florida 33040, and MONROE COUNTY, a political
subdivision of the State of Florida, whose address is 11.00 Simonton Street, Key West, Florida
33040("Lessee"/'County").
WHEREAS, on the 1.7"1' day of March, 2021, the parties entered into a Lease Agreement
for the lease of that certain property, improvements and structures situated at and commonly
known as I I I Overseas Highway, Unit No. 300, Rockland Key, Monroe County, Florida 33040,
with Parcel Identification 0 No. 00122070-000200, ("Property"), for use of certain areas of the W
Property to provide a warehouse unit and limited surrounding land for use by the County as a 0
location for its Fleet Department operations for the Lower Keys area ("Original Lease
Agreement"); and E
WHEREAS,the current initial term of the Original Lease Agreement was effective from E
March 17, 2021,and terminates on March 16, 2023; and
0
WHEREAS,the Original Lease Agreement provides for three (3) additional one (1) year
extension periods after the initial term of the Lease; and
WHEREAS, during the term of this Lease, Lessee in its use of the Property, determined
X
that it needed additional outside parking space to conduct its Fleet Department operations; and 0
2%
75
WHEREAS,Lessor had additional space located on the Property, which is adjacent to the 4-
current Property being leased by the County, that was available for lease by Lessee; and
WHEREAS,the parties negotiated and reached a mutual understanding on or about May
0
2022,for Lessee to access and lease another 8,625 square feet of the Property for use by Lessee as U
an additional outside parking area; and
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WHEREAS, Lessor and Lessee agreed that the lease term of the additional 8,625 square 0
feet of the Property will be for eight(8)months with an effective date retroactive to July 17,2022, >
and terminating on March 16, 2023, when the term of the Original Lease Agreement terminates;
and
0
WHEREAS,the initial term of the Original Lease Agreement expires on March 16, 2023, W I
LO
and the Lessee has notified Lessor pursuant to the Original Lease Agreement that it seeks to extend M
U-
the terin of the Lease and the Lessor has agreed to renew the lease for an additional one (1) year
extension period under the same terms and conditions as the Original Lease Agreement, which
E
shall also include the additional 8,625 square feet of the Property as set forth in this First
Amendment; and
Packet Pg. 1018
WHEREAS, the parties have found the Original Lease Agreement to be mutually
beneficial; and
WHEREAS, Lessor and Lessee agree to amend the Lease as set forth herein.
NOW, THEREFORE, for and in consideration of mutual promises contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,the parties hereto covenant and agree as follows:
1. Paragraph 1,Premises,of the Original Lease Agreement,is hereby amended to include an
additional 8,,625 square feet of Lessor's property, which is situated adjacent to Lessee's current
leased area and is referred to herein as the"Third Parcel"and collectively known as the"Premises"
or "Sole Use Areas", as more particularly described on Exhibit "A — Revised", setting forth 0
Lessee's designated area of the parcel, attached to this First Amendment and made a part hereof.
This First Amendment also continues to allow the exclusive use of certain other areas of the E
building and/or surrounding property by the Lessor and/or its other tenants as set forth in the
Original Lease Agreement. E
2. Paragraph 2, Term and Effective Date. of the Original Lease Agreement is hereby 0
amended to include the lease term for this Third Parcel. The lease term for this additional Third
Parcel shall be for eight (8) months which shall commence retroactive to July 17, 2022, and
terminate on March 16,2023,in conjunction with the lease termination date of the term as set forth
in Paragraph 2 of the Original Lease Agreement, unless earlier terminated as provided in the
X
Original Lease Agreement. 0
2%
75
4-
3. Paragraph 5, Rent, of the Original Lease Agreement is hereby amended to include the
additional monthly rental payment and Common Area Maintenance Costs("C.A.M.")for the Third
Parcel, with both payments commencing retroactive to July 17, 2022. Lessee shall pay to Lessor 6.
L_
0
an additional monthly rental of Two Thousand and 00/100 ($2,000.00) Dollars as the Base Rent U
for the Third Parcel. As"Additional Rent,"Lessee shall also pay monthly,a portion of the C.A.M.
costs in the amount of One Hundred and 00/100($100.00)Dollars per month for the Third Parcel. E
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Monroe County is exempt from sales tax. The total monthly rental payment for the Third Parcel
shall be Two Thousand One Hundred and 00/100 ($2,100.00) Dollars for the first eight-month
rental term,of this Third Parcel,in addition to the monthly rental payments as set forth in paragraph
5 of the Original Lease Agreement for the Main Parcel and Secondary Parcel.
0
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4. Paragraph 2, Term and Effective Date, of the Original Lease Agreement, is further L01
M
amended to extend the term of this lease for an additional one-year period for the Main Parcel U_
Secondary Parcel, and Third Parcel, with the new term to commence on March 17, 2023, and
E
terminate on March 16, 2024, unless earlier terminated as provided in the Original Lease
Agreement.
2
Packet Pg. 10191
C.24.b
5: Except as set forth in Paragraphs one through four of this First Amendment to Lease
Agreement, in all.other respects,the terms and conditions of the.Original Lease Agreement.dated
March 17,2021,as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
-year first above written.
LESSOR:
ROCKLAND INVESTMENT
CORPORATION, INC., e
A Florida Corporation 0
WITNESS S:
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By:
STCtle
Print Name Print Name
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Title !/
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.Print ame
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deria2.
p x y S 4 BOARD OF COUNTY COMMISSIONERS U
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VIN.MADOK, CLERK OF MONROE COUNTY, FLORIDA
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By: 14 Z&— .0a
As EFdputy Clerk o i s
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C.24.b
EXRIBIT"A—REVISED"
Lessee's Premises on the Parcel
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LEVEL 2-LOFT LEVEE I
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C.24.c
615-B United Street Key West,Florida 33040 U)
Phone(305)294-0277 Billing 305.296.2588
Email �1�i o¢i a)➢u� :::➢Lti � ewd:.�o¢u
Email CC ➢� tau �a)ao�➢➢u� l➢tidy.,coin/tiau➢he o
Proposed Amendment to Lease
42
Daryl, 0
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We appreciate your interest in expanding the amount of space you lease from us. Here's an outline
of the additional space and rental rates so you can present this to the board in your upcoming board
meeting on February 15t", 2023. We will align this extension with your existing lease and options to
renew. E
Additional Space: 18.5' x 40' =740 sq/ft 0
Lease Rate=$1.46 sq/ft
Base Rental Rate=$1,080.40
c14
C.A.M. =5%(of base rent) =$54.02
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Total Rent for Proposed Additional Leased Space=$1,134.42+Utility Expenses(per Original Lease)
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Please advise when you have the board's approval so we can complete this lease amendment.
Sincerely,
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Erik Henson, Director of Leasing
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Page 1 of 1
Packet Pg. 1023
C.24.d
SECOND AMENDMENT TO LEASE AGREEMENT
This Second Amendment to Lease Agreement is made and entered into this 15th day of February
2023 between MONROE COUNTY("Lessee"/ "County"), a political subdivision of the State
of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
ROCKLAND INVESTMENT CORPORATION, INC ("Lessor"), a Florida Corporation, M
authorized to do business in the State of Florida, whose principal address is 615-B United
Street, Key West, Florida 33040.
WHEREAS, on the 17'h day of March, 2021, the parties entered into a Lease Agreement for the
lease of certain property, improvements and structures situated at and commonly known as 111
Overseas Highway, Unit No. 300, Rockland Key, Monroe County, Florida 33040, with Parcel
Identification No. 00122070-000200, ("Property"), for use of certain areas of the Property to
provide a warehouse unit and limited surrounding land for use by the County as a location for its 0
Fleet Department operations for the Lower Keys area("Original Lease Agreement"); and c
0
WHEREAS, the term in the Original lease Agreement was effective from March 17, 2021 to as
March 16, 2023 and provided for three (3) additional one (1)year extension periods after the
term of the Lease; and as
E
WHEREAS, on the 15'h day of November, 2022, the parties entered into the First Amendment
to Lease Agreement which extended the term of the lease to March 16, 2024 and added an 0
additional rental parcel at a monthly rate of$2,100; and
as
WHEREAS, Lessee, in its use of the Property, determined that it needed additional space to
conduct its Fleet Department operations; and co
M
CD
WHEREAS, Lessor had additional space located on the property currently being leased by
Lessee and that space is available for lease by Lessee; and
WHEREAS,the parties negotiated and reached a mutual understanding on or about January
2023, for Lessee to access and lease another 740 square feet at a rate of$1,134.42,plus utility
expenses,per month; and
WHEREAS, Lessor and Lessee agree that the lease term of the additional 740 square feet of the
Property will be effective immediately and will terminate on March 16, 2024, when the term of
the extension in the First Amendment to the Original Lease Agreement terminates; and
0
0
WHEREAS, the parties have found the Original Lease Agreement and First Amendment to be ('
mutually beneficial; and
as
E
WHEREAS, Lessor and Lessee agree to amend the Lease as set forth herein.
NOW, THEREFORE, for an in consideration of mutual promises contained herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties hereto covenant and agree as follows:
Packet Pg. 1024
C.24.d
1. Paragraph 1, PREMISES, of the Original Lease Agreement, is hereby amended to
include an additional 740 square feet of warehouse space on Lessor's property. The terms
of the Original Agreement and First Amendment allow the exclusive use of certain other
areas of the building and/or surrounding property by the Lessor and/or its other tenants as
set forth in the Original Lease agreement.
2. Paragraph 2, TERM AND EFFECTIVE DATE, of the Original Lease Agreement and
First Amendment are hereby amended to include the lease for this additional 740 square
feet of warehouse space. The termination date for the Original Lease Agreement, First
Amendment and Second Amendment is March 16, 2024.
3. Paragraph 5, RENT, of the Original lease Agreement was previously Amended in the
First Amendment and is hereby amended a second time to include the additional monthly
rental payment and Common Area Maintenance Costs ("C.A.M.") for the additional 740
square feet. Lessee shall pay to Lessor an additional monthly rental of One Thousand 0
One Hundred Thirty Four Dollars and Forty Two Cents ($1,134.42),plus Utility c
Expenses,per month. This amount shall be paid in addition to the payments required
under the Original Lease Agreement and First Amendment to the Lease Agreement. as
4. Except as set forth in Paragraphs one through four of this Second Amendment to Lease
Agreement, in all other respects, the terms and conditions of the Original lease as
E
Agreement dated March 17, 2021, as amended, shall remain in full force and effect.
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as
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and co
c
year first written above. G
co
(SEAL) 04
ATTEST: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
as
By By
As Deputy Clerk Mayor/Chairman a
E
as
WITNESSES: LESSOR: Rockland Investment <
Corporation, Inc.,
A Florida Corporation
By 4
Witness I E
Steve R. Henson
Witness 2 Print Name
Vice President
(_
,Lk-A.,' (-A-JL Title
Approved as to farm and legal sufficiency
Monroe County Attorrney's office
C;lrristusa Cory,Assistant County Attorney
Date: 1/31/23U
Packet Pg. 1025