Item U05 U.5
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
May 17, 2023
Agenda Item Number: U.5
Agenda Item Summary #12082
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292-4549
None
AGENDA ITEM WORDING: Approval of a Fourth Amendment for a two (2) year Commercial
Lease renewal and annual rental increase with Key Vaca Center, LLC, for the Supervisor of
Elections office at the 100th Street Center building in Marathon. The new lease term commences on
June 1, 2023, and terminates on May 31, 2025, at a total monthly rental fee of $4,872.90/month for
the upcoming year, and $5,031.44/month for the second year which includes a 3.25% CPI-U
increase for the base rent and its share of the monthly CAM costs with both having been increased
by 3.25%, rather than under the terms of the Lease. Supervisor of Elections funding pays this lease.
ITEM BACKGROUND: The County currently has a Lease for the Supervisor of Elections'
Marathon office located at 10005-10015 Overseas Highway, at a building known as the 1001h Street
Center. The Third Amendment had extended the term to its current termination date of May 31,
2023. The Lease provides that the base rent shall be subject to an increase of the greater of a) a
C.P.LU. for the 12 month period ending on December 31st of the previous year or b) 3,25% on each
successive anniversary date with an annual cap of 5%. The base rent has, therefore, been adjusted
by a 3.25% increase and the prorata share of the CAM costs based on the lease provisions.
This Fourth Amendment is for a two (2) year lease renewal, with the term to commence on June 1,
2023, and terminate on May 31, 2025. The December 31, 2022, CPI-U was 6.5 %. Under the base
rent provisions of the Lease as noted above, the annual increase would have been 5%. The County,
as Lessee, also pays a prorate share of the CAM costs. The Lessor has offered to increase both the
base rent and CAM costs by 3.25% though rather than under the terms of the Lease for this
amendment. Commencing on June 1, 2023, and continuing through May 31, 2024, Lessee shall
pay a total monthly rental amount of Four Thousand Eight Hundred Seventy-two and 90/100
($4,872.90) Dollars, based on the 3 .25% increase. Commencing on June 1, 2024, and
continuing through May 31, 2025, Lessee shall pay a total monthly rental amount of Five Thousand
Thirty-one and 44/100 ($5,031.44) Dollars, for the base rent and its share of the monthly CAM costs
with both also having been increased by 3.25%, rather than under the terms of the Lease. This two-year
renewal will allow the Supervisor of Elections to remain in the same location through the upcoming 2024
elections. Staff seeks approval of this Fourth Amendment.
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PREVIOUS RELEVANT BOCC ACTION:
May 19, 2021 BOCC approved a Third Amendment for a renewal term of two (2) years for the
Commercial Lease with Key Vaca Center, LLC, for space in Marathon for the
Supervisor of Elections' office with an annual adjustment in the base rent by a
3.25% increase on the anniversary date of the Lease.
June 20, 2020 BOCC approved a Second Amendment to update the Lease reflecting the sale of
its interest from Oxford Business III Corporation to Key Vaca Center, LLC. The
Second Amendment also reflects a change in the Lessor's new principal address
for Key Vaca Center, LLC, as 17013 Coral Way, Sugarloaf Key, Florida 33042.
The Lessor's address for purposes of any notices, pursuant to paragraph 31 of the
Lease, shall be Key Vaca Center, LLC, c/o Mark A. Pollaci, at 117 West 28
Street, 2nd Floor, New York, NY 10001
April 17, 2019 BOCC approved a First Amendment for a renewal term of two (2) years for the
Commercial Lease with Oxford Business III Corporation for space in Marathon
for the Supervisor of Elections' office with an annual adjustment in the base rent
by a 3.25% increase on the anniversary date of the Lease.
May 21, 2014 BOCC approved a five (5) year Commercial Lease with Oxford Business III
Corporation with five (5) optional (1) one year renewals for space in Marathon for
the Supervisor of Elections' office with an annual adjustment in the base rent by
the greater of either the C.P.LU. for the previous twelve months ending December
31st or by a 3.25% increase on the anniversary date of the Lease.
CONTRACT/AGREEMENT CHANGES:
Fourth Amendment for 2 year Lease Renewal commencing on June 1, 2023, and terminating on
May 31, 2025, The base rent and Lessee's prorata share of the CAM costs will both be increased by
3.25%for each of the two years rather than by other terms of the Lease.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Fourth Amendment Revised -05-17-2023- Key Vaca Center (Legal stamped partially executed)
3rd Amendment 05_19_2021_Exec
2nd Amendment 06/17/2020
01-14-2020 Sale of 100th Street Center Letter
1st Amendment 04/17/2019
Supervisor of Elections Lease in Marathon
FINANCIAL IMPACT:
Effective Date: June 1, 2023
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Expiration Date: May 31, 2025
Total Dollar Value of Contract: lst year $4,872.90/month and 2nd year $5,031.44/month
Total Cost to County: (Paid from Supervisor of Elections budget)
Current Year Portion:
Budgeted: yes
Source of Funds: Supervisor of Elections
CPI: yes
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: Yes
Additional Details: 2-year Renewal for the Supervisor of Elections' office at 100th St. Center
in Marathon. Commencing on June 1, 2023, and continuing through May 31, 2024, Lessee
shall pay a total monthly rental amount of Four Thousand Eight Hundred Seventy-two and
90/100 ($4,872.90) Dollars,for the base rent ($3,406.07) and its share of the monthly CAM
Costs ($1,466.83),with both having been increased by 3.25%, rather than under the terms of
the Lease. Commencing on June 1, 2024, and continuing through May 31, 2025, Lessee shall
pay a total monthly rental amount of Five Thousand Thirty-one and 44/100 ($5,031.44)
Dollars, for the base rent($3,516.77) and its share of the monthly CAM costs ($1,514.67),with
both having been increased by 3.25%, rather than under the terms of the Lease. The rent is
paid by the Supervisor of Elections' office.
2 year Lease Renewal with Key Vaca Center, LLC on behalf of the Supervisor of Elections at
100th Street, Marathon.
Commencing on June 1, 2023, and continuing through May 31, 2025, Lessee shall pay a total
monthly rental amount of Four Thousand Eight Hundred Seventy-two and 90/100 ($4,872.90)
Dollars, for the base rent and its share of the monthly CAM Costs with both having been
increased by 3.25%, rather than under the terms of the Lease. Commencing on June 1, 2024, and
continuing through May 31, 2025, Lessee shall pay a total monthly rental amount of Five
Thousand Thirty-one and 44/100 ($5,031.44) Dollars, for the base rent and its share of the
monthly CAM costs with both having been increased by 3.25%, rather than under the terms of
the Lease.
REVIEWED BY:
Patricia Eables Completed 05/09/2023 10:53 AM
Kevin Wilson Completed 05/09/2023 11:50 AM
William DeSantis Completed 05/09/2023 11:56 AM
Purchasing Completed 05/09/2023 12:18 PM
Budget and Finance Completed 05/09/2023 12:35 PM
Brian Bradley Completed 05/09/2023 2:01 PM
Lindsey Ballard Completed 05/09/2023 2:11 PM
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Board of County Commissioners Pending 05/17/2023 9:00 AM
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FOURTH AMENDMENT TO COMMERC"'IAL LEASE �
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This FOURTH AMENDMENT TO COMMERCIAL LEASE is made and entered into
this 17ih day of May, 2023, by and between KEY VACA CENTER, LLC, a Florida Limited
Liability Company, whose principal address is 17013 Coral Dti4e, Sugarloaf Key, Florida 33042.
Lessor's address for purposes of any notice to be sent from Lessee to Lessor and for rental
payments is as follows: Key Vaca Center, LLC, c,lo Mark A. Pollaci, 17013 Coral Drive,
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Sugarloaf Key, Florida., 33042, hereinafter referred to as "LESSOR", and BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision
of the State of Florida, whose address is 0100 Simonton Street, Key West, Florida 33040,
hereinafter referred to as "LESSEE".
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WHEREAS, the Lessor and Lessee entered into a Commercial Lease dated May 21, 2014,
("Lease"), for o0ce space located at Unit A and Unit B, 100th Street Center, commonly known as
10005-10015 Overseas Highway, Marathon, Monroe County, Florida 33050, with said premises 21
being occupied by the Monroe County Supervisor of Elections ("Premises")-,and
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WHEREAS,the initial term of the Lease was fora term of five (5) years beginning on
June 1, 2014, and expiring on May 31, 2019; and
WHEREAS, the Lease provided that Lessee shall have the option to extend the term for
five (5) additional one (1) year renewal terms upon expiration of the initial term, subject to proper
notice being provided to Lessor that Lessee would exercise its option to renew the Lease; and
WHEREAS, Lessee provided proper notice to Lessor that it desired to extend the term of
the Lease at the expiration of the initial term, and Lessor offered to renew the lease for a two (2) t
or three (3) year term rather than the original one (1) year renewal term as provided in the Lease; cu
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WHEREAS, Lessor and Lessee entered into a First Amendment to Commercial Lease on
April 17, 2019, in which Lessee accepted the offer of Lessor to renew the term of the Lease for an N
additional two (2) years with the term to begin on June I, 2019, and terminate on May 31, 2021, c14
with the annual base rent increase pursuant to the Lease terms; and
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WHEREAS, the initial Landlord, Oxford Business III Corporation, thereafter, sold the real
property, which is the subject of the herein leased Premises, to Key Vaca Center LLC, on or about
January 14, 2020, and proper notice was provided to Lessee; and >
WHEREAS,the parties entered into a Second Amendment to Commercial Lease on June
17, 2020, in which the Lease was amended to reflect Key Vaca Center, LLC, as the Lessor and E
current owner of the property, and to correct the address for Key Vaca Center, LLC for any
notices and future rental payments; and E
WHEREAS, Lessee provided proper notice to Lessor that it desired to again extend the
term of the Lease which expired on May 31, 2021, and Lessor offered to renew the lease for o
another two (2) year term rather than the one (1) year renewal term as provided in the original
Lease, which Lessee accepted; and
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WHEREAS, the parties entered into a Third Amendment to Commercial Lease on May 19,
2021, which extended the term for an additional two (2) years, with the term to commence on June 1,
2021, and expire on May 31, 2023,with the rental amount adjusted by a 3.2551c, increase commencing
June 1,2021,and increased the annual CAM costs by its pro rata share.
WHEREAS, Lessor is entitled to an increase of the base rent by the ,greater of an annual
C.P.I.U. adjustment, or by 3.25% on the anniversary date,with an annual cap on C,P,1.l1,of five E
percent(5'70)as allowed under the Lease; and
WHEREAS, Lessor is also entitled to an increase in Lessee's pro rata share of the annual
costs for fire, flood, and windstorm insurance, real property taxes, waste collection fees., common
utilities, and annual costs to keep and maintain in good repair the building exterior, landscaping
lighting, sidewalks, driveways, curbs, and sign ("CAM Costs"); and
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WHEREAS, Lessor provided notice to Lessee that it would extend the term of the Lease for
an additional two(2)years;and 21
WHEREAS, Lessee accepts the offer of Lessor to renew for an additional two (2) year term
based on the base rent and annual CAM costs both being adjusted by 3.25% for each year; and
WHEREAS, Lessor and Lessee also desire to update Paragraph 31 of the Lease as to the E
addresses for both parties and amend Paragraph 39 of the Lease as to the Nondiscrimination U)
provisions; and 76
WHEREAS, the parties find it mutually beneficial to amend the Lease as to the lease term,
monthly base rent, CAM costs,and update addresses and the Nondiscrimination paragraph;
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NOW, THEREFORE, IN CONSIDERATION of the mutual promises and
considerations contained herein, the parties agree as follows:
1. The initial five (5)year term under this Lease initiated on June 1, 2014,and terminated
on May 31, 2019, as set forth in the WITNESSETH Paragraph of the Lease. Paragraph 43 of the
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original Lease provides that Lessee shall have an option to extend the term for five (5) additional Q
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one (1) year terms subject to proper notice from Lessee to Lessor.
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2. At the expiration of the initial tern, after proper notice and negotiations by Lessor
and Lessee, the Lease term was extended for an additional two (2) years as approved in the First
Amendment to Commercial Lease dated April 17, 2019, with the renewal term to commence on
June 1, 2019, and expire on May 31, 2021.
3. On June 17, 2020, the parties entered into a Second Amendment to
the Commercial Lease to reflect the new owner of the Premises and to correct e
the Lessor's address.
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4. Lessor and Lessee thereafter entered into a Third Amendment to Commercial Lease
on May 19, 2021,which extended the term of the lease from June 1, 2021,to its current termination date 0
on May 31,2023,under the same terms and conditions of the original Lease,unless terminated earlier, ;
with an increase in the basic rent and CAM costs. e
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5. Lessor had offered to renew and extend the Lease for two (2) more years, and Lessee
has accepted that offer to renew and extend the Lease for an additional two(2)year term.
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6. The term of the renewal for this Lease shall be for two (2) more years commencing on
June 1, 2023, and terminating on May 31, 2025, under the same terms and conditions of the
original Lease unless amended herein or terminated earlier under another paragraph ofthis Lease,
7. Pursuant to Paragraph I of the Lease, the base rent shall be subject to an annual
adjustment increase of the greater of a) C.P.I. U. for the 12-month period ending on December 31st
of the previous year or b) 3.2501+0 on each successive anniversary date. The annual cap on C.P.I.U.
shall be five percent (5%). Lessor has offered, however, to increase both the base rent and the annual
cost (CAM)by 3.25*,,o for the upcoming renewal period of two (2) years and Lessee has accepted that
offer.
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8. Commencing on June I, 2023, and through May 31, 2024, for use of the Premises, 21
the Lessee shall pay the Lessor a base rent, which has been increased by 3.25°,'o pursuant to the
Lessor's offer, in the total monthly amount of Three Thousand F o u r Hundred S i x and 07/100
($3,406.07) Dollars. Commencing on June 1, 2024, through May 31, 2025, for use of the Premises,
the Lessee shall pay the Lessor a base rent, which has be increased by 3.25?,In pursuant to Lessor's
offer, in the total monthly amount of Three Thousand Five Hundred Sixteen and 77/100 ($3,516.77)
Dollars. Each monthly rental payment shall be payable to Lessor in arrears upon receipt of a proper U)
invoice pursuant to the Florida Prompt Payment Act,Florida Statutes, Section 218.70.
9. Lessee shall also pay in addition to the monthly base rent, its pro rata share of the
annual costs (CAM) pursuant to Paragraph 2 of the Lease, which is subject to adjustment during
the term of the Lease. Lessor has offered, however, to increase the CAM costs by 3.25% for each
year of the upcoming two (2) year renewal tern rather than base Lessee's share on the actual annual
costs and Lessee has accepted that offer for this two (2) year renewal period. Commencing on June
1, 2023, through May 31, 2024, Lessee shall pay CAM Costs in the total monthly
amount of One Thousand Four Hundred Sixty-six and 83/100 ($1,466.83) Dollars.
Commencing on June 1, 2024, through May 31, 2025, Lessee shall pay CAM Costs in the total M
monthly amount of One Thousand Five Hundred Fourteen and 67/100($1,514.67) Q
10. Commencing on June 1, 2023, and continuing through May 31,2024, Lessee shall LO
pay a total monthly rental amount of Four Thousand Eight Hundred Seventy-two and 90/100
($4,872.90) Dollars, for the base rent and its share of the monthly CAM Costs with both having
been increased by 3.25°0, rather than under the terms of the Lease. Commencing on June 1, 2024, and
continuing through May 31, 2025, Lessee shall pay a total monthly rental amount of Five Thousand
Thirty-one and 441100($5,031.44) Dollars, for the base rent and its share of the monthly CAM costs with
both having been increased by 3.25°o,rather than under the terms of the Lease.
11. Lessor's principal address is 17013 Coral Drive, Sugarloaf Key, Florida 33042, as
reflected in the opening paragraph herein. Lessor's address for purposes of any notice to be sent from
Lessee to Lessor pursuant to Paragraph 31 of the Lease has changed and said paragraph is amended to
reflect the new Lessor address as follows: Key Vaca Center, LLC, c/b/a Mark A. Pollaci, 17013 0
Coral Drive, Sugarloaf Key, Florida 33042. All future rental payments to be mailed shall also be sent ..
to Lessor at this same address.
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12. Lessee's address for purposes of any notice to be sent from Lessor to Lessee pursuant
to Paragraph 31 of the Lease has changed and said paragraph is amended to reflect the new Lessee
address as follows: Facilities Maintenance Department, Attention: Contract Monitor, I23 Overseas
Hwy. — Rockland Key, Key West, Florida 33040. For any notices provided to Lessee pursuant to
Paragraph 31, a copy shall also be provided to the Monroe County Attorneys Office, at 1111 121h
Street, Suite 408,Key West, Florida 33040. E
13. Paragraph 39 of the Lease, as amended, with regard to non-discrimination shall be E
amended in its entirety and replaced by the following paragraph:
39. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY.
The CONSULTANT and the COUNTY 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 Agreement automatically terminates without any further action on 21
the part of any party,effective the date of the court order. The CONSULTANT
and COUNTY agree to comply with all Federal and Florida statutes, and all
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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 basis of race, color,
religion, sex, and national origin; 2) Title IX of the Education Amendment of U)
1972, as amended (20 USC §§ 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 §794), which prohibits discrimination on the basis
of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC
§§ 6I01-6107), which prohibits discrimination on the basis of age; 5) The Drug U
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 ,
abuse or alcoholism; 7)The Public Health Service Act of 1912, §§ 523 and 527 N
(42 USC §§690dd-3 and 290ee-3), as amended, relating to confidentiality of N
alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in LO
the sale, rental or financing of housing; 9) The Americans with Disabilities Act
of 1990 (42 USC §§ 12101, Note), as may be amended from time to time, >
relating to nondiscrimination in employment on the basis of disability; 10)
Monroe County Code Chapter 14, Article II, which prohibits discrimination on
the basis of race, color, sex, religion, national origin, ancestry, sexual
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orientation, gender identity or expression, familial status or age; and 1 l) Any
other nondiscrimination provisions in any federal or state statutes which may
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apply to the parties to,or the subject matter of,this Agreement.
14. All ofthe remaining terms and conditions ofthe Commercial Lease dated May 21, o
2014, as amended on April 17, 2019, June 17, 2020, and May 19, 2021, not inconsistent
herewith, shall remain in full force and etYect.
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authori r first above written.
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MarV,= KEY VACA CENTER, LLC,
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ATTEST: .M9
PENEWR~ LESSOR
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Tale: �� � ;:"" a �,� Title. �
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Date: � •
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BOARD OF COUNTY COMMISSIONERS 2'
(SEAL)
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY FLORIDA
BY:
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Mayor/Chairperson U)
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As Deputy Clerk 0
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Date:
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MONROE COUNTY ATTORNEYS OFFICE c14
ASTD
PATRICIA EABi.ESLO
ASSISTANT COUNTY ATTORNEY
DATE; SIp312023 ass
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°x Kevin Madok, CPA
' ;.�" Clerk of the Circuit Court& Corn ptrolIer—Monroe County, Florida
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DATE: May 25, 2021 0
TO: Alice Steryou CL
Contract Monitor
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FROM: Sally M. Abrams, D.C.
SUBJECT: May 19, 2021 BOCC Meeting
At.t iched is an electronic copy ol'Itein i J6,Third Amendment for a two(2)year Commercial
Lease renewal and annual rental increase with Key Vaca Center, LLC, for the Supervisor of
Elections office at the 100th Street Center building in Marathon. The new lease term commences
on dune 1, 2021, and terminates on May 31, 2023, at a total monthly rental fee of$4,571.66 for
the upcoming year, which includes a 3.25% increase and Lessee's prorata share of annual CAM
costs, pursuant to the Lease provisions., for your handling.
Should you have any questions, please leel free to contact me at ext. 3.5.50. Thank you.
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Cc: Facilities SupervlsoI' �
County Attorney
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KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan
305-294-4641 305-289-6027 305-852-7145 305_ Packet Pg. 29079
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THIRD AMENDMENT TO COMMERCIAL LEASE
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This THIRD AMENDMENT TO COMMERCIAL LEASE is made and entered into 0
this I 91h day of May, 2021, by and between KEY VACA CENTER, LLC, a Florida Limited 0
Liability Company, whose principal address is 17013 Coral Way, Sugarloaf Key, Florida 33042. >
Lessor's address for purposes of any notice to be sent from Lessee to Lessor and for rental
payments is as follows: Key Vaca Center, c/o Mark A. Pollaci., 117 West 28 Street, 2nd Floor,
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New York,New York 10001, hereinafter referred to as "LESSOR", and BOARD OF COUNTY 0
COMMISSIONERS OF MONROE COUNTY,FLORIDA, a political subdivision of the State
of Florida, whose address is 1100 Simonton Street, Key West,Florida 33040, hereinafter referred
to as "LESSEE".
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WHEREAS,the Lessor and Lessee entered into a Commercial Lease dated May 21,2014,
("Lease"),for office space located at Unit A and Unit B, 100th Street Center, commonly known as U
10005-10015 Overseas Highway, Marathon, Monroe County, Florida 33050, with said premises
being occupied by the Monroe County Supervisor of Elections ("Premises"); and >
WHEREAS, the initial term of the Lease was for a to of five (5) years beginning on
June 1,2014, and expiring on May 31, 2019; and
WHEREAS, the Lease provided that Lessee shall have the option to extend the to for
five (5)additional one (1)year renewal terms upon expiration of the initial term, subject to proper
notice being provided to Lessor that Lessee would exercise its option to renew the Lease; and
WHEREAS,Lessee provided proper notice to Lessor that it desired to extend the to of
the Lease at the expiration of the initial term, and Lessor offered to renew the lease fora two (2)
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or three (3) year term rather than the original one (1)year renewal to as provided in the Lease;
and
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WHEREAS,Lessor and Lessee entered into a First Amendment to Commercial Lease on
April 17,2019, in which Lessee accepted the offer of Lessor to renew the to of the Lease for an
additional two (2) years with the to to begin on June 1, 2019, and terminate on May 31, 2021,
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with the annual base rent increase pursuant to the Lease tenns; and W
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WHEREAS,the initial Landlord, Oxford Business III Corporation,thereafter sold the real N
property,which is the subject of the herein leased Premises,to Key Vaca Center LLC, on or about
January 14, 2020, and proper notice was provided to Lessee; and L01
WHEREAS,the parties entered into a Second Amendment to Commercial Lease on June 0)
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17, 2020, in which the Lease was amended to reflect Key Vaca Center, LLC, as the Lessor and
current owner of the property,and to correct the address for Key Vaca Center,LLC for any notices 0
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and future rental payments; and
WHEREAS, Lessee provided proper notice to Lessor that it desired to again extend the
term of the Lease which expires on May 31, 2021, and Lessor has offered to renew the lease for a
two (2) year term rather than the one (1) year renewal to as provided in the original Lease; and E
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WHEREAS,Lessee has accepted the offer of Lessor and desires to renew the to for an
additional two (2) years to begin on June 1, 2021, and expire on May 31, 2023, with the annual w
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base rent increase pursuant to the Lease terms; and 0
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WHEREAS, Lessor is entitled to an increase of the base rent by the greater of an annual
C.P.LU. adjustment or by 3.25%on the anniversary date as allowed under the Lease; and
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WHEREAS, Lessor is also entitled to an increase in Lessee's prorata share of the annual 0
costs for fire, flood,and windstorm insurance,real property taxes, waste collection fees, common
utilities, and annual costs to keep and maintain in good repair the building exterior, landscaping,
lighting, sidewalks, driveways, curbs and sign ("CAM Costs"); and
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WHEREAS,the parties find it mutually beneficial to amend the Lease as to the lease terrn,
monthly base rent, and CAM costs; U
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and >
considerations contained herein,the parties agree as follows:
1. The initial five (5) year to under this Lease initiated on June 1, 2014, and
terminated on May 31,2019,asset forth in the WITNES SETH Paragraph of the Lease. Paragraph
43 of the Lease provides that Lessee shall have an option to extend the term for five(5)additional
one (I) year terms sub.ect to proper notice from Lessee to Lessor.
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2. At the expiration of the initial term, after proper notice and negotiations by Lessor
and Lessee, the Lease to was extended for an additional two (2) years as approved in the First
Amendment to Commercial Lease dated April 17, 2019, with the renewal term to commence on
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June 1, 2019, and expire on May 31, 2021.
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3. Lessee has again provided proper notice to Lessor exercising its option to renew
the Lease for an additional one (1) year term. Lessor offered to instead renew the Lease for two
(2)years and Lessee accepted said offer for the Supervisor of Elections' office.
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4. The to of the renewal for this Lease shall be for two (2)more years commencing w
on June 1, 2021, and terminating on May 31, 2023, under the same terms and conditions of the N
original Lease, unless terminated earlier under another paragraph of this Lease. N
0)
It-1
5. Pursuant to Paragraph I of the Lease, the base rent shall be subject to an annual LO
adjustment increase of the greater of a)C.P.J.U. for the 12-month period ending on December 31
of the previous year or b) 3.25%on each successive anniversary date. The annual cap on C.P.I.U.
E
shall be five percent(5%).
E
6. Commencing on June 1, 2021, for use of the Premises, the Lessee shall pay the
Lessor a base rent,which has been increased by 3.25%pursuant to the Lease, in the total monthly
amount of Three Thousand One Hundred Ninety-five and 02/100 ($3,195.02)Dollars,payable in
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Packet Pg. 2911
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arrears upon receipt of a proper invoice pursuant to the Florida Prompt Payment Act, Florida
Statute,Section 219.70. -
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7. Lessee shall also pay in addition to the monthly base rent, its prorata share of the 0
annual costs pursuant to Paragraph 2 of the Lease, which is subject to adjustment during the term
of the Lease. Commencing on .Tune 1, 2021, Lessee shall pay CAM Costs in the amount of One
Thousand Three Hundred Seventy-six and 64/100 ($1,376.64)Dollars, per month. 4-
0
8. Commencing on June 1,2021,and continuing through May 31,2022, Lessee shall
pay a total monthly rental amount of Four Thousand Five Hundred Seventy-one and 66/100
(S4,571.66)Dollars, for the base rent and its proata share of the annual CAM Costs.
9. All of the remaining terms and conditions of the Commercial Lease dated May 21,
2014,as amended on April 17,2019, and June 1.7, 2020,not inconsistent herewith,shall remain in U
full force and effect.
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS KEY VACA CENTER, LLC,
OF MONROE COUNTY, FLORIDA LESSOR
�7
BY: 6; BY;
Printed Name: Michelle Coldiron Printed Name: oLr,J Al,
Title: Mayor !! Title: dr_�a�'Pe► _...._— E
Date:
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(SEAL) BOARD OF COUNTY COMMISSIONERS
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ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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BY: • �Cl ff�GG '�� BY: "! CN
As Deputy Clerk Mayoric airperson
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>iS IAQHF�OEC4LIHrYAt'rOE�HElF 1_
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DAT.•..; A9£rS1
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Packet Pg. 2912
Kevin Madok, CPA
• � ;� Clerk of the Circuit Court&Comptroller—Monroe County, Florida
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DATE: .July 14, 2020
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TO: Kevin G. Wilson, PE
Assistant County,Administrator
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Suzanne Rubio
Execuliy e Administrator
0
FROM: Paniela G. Hanco� .C.
SUBJECT: June 17' BOCC Meeting 0
Altaclzed is an electronic copy of'the following iteln for your handling: cj
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C2 2nd Amendment to Commercial I case wills Oxford Business III Corporation to >
reflect cliange in ownership of its building interest to Key Vaca Center, I,I.C,for die Supervisor of'
Elections oflice al 10Otli Street Center in Marathon; and to update addresses.
Should you leave any questions please feel tree to contact Inc at (305) 292-3550.
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cc: County Attorney
Finance
File N
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KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 2913
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SECOND AMENDMENT TO COMMERCIAL LEASE S
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This SECOND AMENDMENT TO COMMERCIAL LEASE is made and entered into
this 17'h day of June, 2020, by and between OXFORD BUSINESS III CORPORATION, a
Florida for-profit corporation,whose new principal address is,c/o Emerald Real Estate,Inc., 1395 0
Brickell Avenue, Suite 760,Miami,FL 33131,hereinafter referred to as"LESSOR",and BOARD 0
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040, hereinafter referred to as"LESSEE".
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WHEREAS,the Lessor and Lessee entered into a Commercial Lease dated May 21,2014,
("Lease"), for office space located at Unit A and Unit B, 100h Street Center,commonly known as
10005-10015 Overseas Highway, Marathon, Monroe County, Florida 33050 ("Property"), with
said premises being occupied by the Monroe County Supervisor of Elections; and
WHEREAS, Lessor and Lessee entered into a First Amendment to Commercial Lease c
dated April 17, 2019, wherein Lessee accepted the offer of Lessor and renewed the term for an
additional two(2)years commencing on June 1, 2019, and terminating on May 31,2021,with the >
annual base rent increase pursuant to the Lease terms; and
WHEREAS,the initial Landlord,Oxford Business III Corporation,sold the real Property,
which is the subject of the herein leased premises, to a new owner, Key Vaca Center, LLC, a
Florida Limited Liability Company, on or about January 14,2020; and
WHEREAS, Lessor's principal address has changed, its address for rent payments, and
for notices pursuant to Paragraph 31 of the Lease, has also changed and this Amendment will,
therefore, reflect the new Property owner and addresses; and
WHEREAS,the parties find it mutually beneficial to amend the Lease as to the new owner
and address changes;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and
considerations contained herein,the parties agree as follows:
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1. The Original Agreement, as thereafter amended, is now amended to reflect the
current owner of the property, and Lessor herein, as Key Vaca Center, LLC. The
new Lessor's principal address is 17013 Coral Way, Sugarloaf Key,Florida 33042.
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2. Lessor's address for purposes of any notices to be sent from Lessee to Lessor
pursuant to Paragraph 31 of the Lease has changed and said address in that E
paragraph is amended to reflect the new owner and address as follows: Key Vaca
Center, LLC, c/o Mark A. Pollaci, 117 West 28 Street, 2nd Floor, New York, NY N
10001. All future rental payments are also to be mailed to be sent to Lessor at this
same address.
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Packet Pg. 2914
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Except as set forth in Paragraphs one and two of this Second Amendment to Commercial
Lease, in all other respects,the terms and conditions of the original Commercial Lease dated May
21,2014,and as amended on April 17,2019, not inconsistent herewith,shall remain in full force
and effect. 0
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative on the day and year first above written. CL
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{CORPORATE SEAL} KEY VACA CENTER, LLC
ATTEST: LESSOR
0
BY: BY; U
Printed Name: Printed Name:&'t
Title: Title: 1''.)P I
P
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BOARD OF COUNTY COMMISSIONERS
KEVIN MADOK, CLERK OF MONROE CO TY, FLORIDA
" LESSEE E
BY: BY:
s Deputy Clerk Mayor/Chairperson
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Date: Q
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MO OE COUNTY ATTORNEY-S OGM p
P D AS F R
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ASSISTANT 00 CIA��S c�
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Packet Pg. 2915
U.S.d
OXFORD 0
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January 14, 2020
100`h St Center
Marathon Fl.
U
Re: Sale of 100`h St Center >
Dear Tenant:
Please be advised that, effective as of the date hereof,Oxford Business III Corporation,has sold
its interest in the I OO h St Center to,KEI Vaca Center.. In connection with such sale, all leases
for the 100'h St Center have been transferred to the new owner.
The 100t' St Center will be managed by Mark A. Pollaci. All future rental payments, and
communications regarding the 100`h St Center are to be sent to:
Key Vaca Center
C/O: Mark A. Pollaci
It 7 'rest 28 street 2nd Floor E
New York, NY 10001.
All maintenance related issues. please contact Mark A. Pollaci at 46-322-4431.
We have appreciated doing business with you and ask that you extend your cooperation to the
new owner and management_
U
Oxford Business Ill Corporation.
zi uardo 46and z 0
Authoyi0ed.Agent
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,
1395 BrickeVl Ave. Ste 760. Miami H.33131 /305-365--3673
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Packet Pg. 2916
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0•5,yyCU.p��. .L� Kevin Madok, cPA
30•......... Clerk of the Circuit Court&Comptroller— Monroe County, Florida
Roe eou�
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DATE: April 26, 2019
TO: Alice Steryou
Contract Monitor 0
FROM: Painela G. Hanc ck, .C.
SUBJECT: April 17"BOCC Meeting 0
Attached is an electronic copy of each of tie below items for your liandling.
0
C3 Residential Lease with a County employee, for Location F, commencing June 1, 2019
through May 31, 2020. The monthly rental amount is $550.00.
U
C4 Residential Lease with a County employee, for Location E, commencing June 1, 2019
through May 31, 2020. The monthly rental amount is $550.00. >
C28 1 st Amendment to Commercial Lease with Oxford Business III Corporation for a two
year lease extension for die Supervisor of Elections office at 100dh Street in Marathon.
Slhould you lhave any questions, please feel free to contact me at(305) 292-3550. Thank
you.
E
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I-
cc: Facilities Supervisor
County Attorney
Finance E
File
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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,Florida 33050 Plantation Key,Florida 33070 Plan
305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 2917
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FIRST AMENDMENT TO COMMERCIAL LEASE
This FIRST AMENDMENT TO COMMERCIAL LEASE is made and entered into this
17"day of April, 2019, by and between OXFORD BUSINESS III CORPORATION, a Florida
profit corporation, whose new principal address is 2727 Ponce de Leon, Coral Gables, Florida
33134, hereinafter referred to as "LESSOR", and BOARD OF COUNTY COMMISSIONERS -
OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, whose 0
address is 1100 Simonton Street,Key West,Florida 33040,hereinafter referred to as"LESSEE".
WHEREAS,the Lessor and Lessee entered into a Commercial Lease dated May 21,2014,
("Lease"),for office space located at Unit A and Unit B, l 001h Street Center,commonly known as -
10005-10015 Overseas Highway, Marathon, Monroe County, Florida 33050, with said premises
being occupied by the Monroe County Supervisor of Elections; and
WHEREAS, the initial term of the Lease was for a term of five (5) years beginning on 0
June 1, 2014, and expiring on May 31, 2019; and
WHEREAS, the Lease provides that Lessee shall have the option to extend the term for
five(5)additional one (1) year renewal terms upon expiration of the initial term,subject to proper
notice being provided to Lessor that Lessee would exercise its option to renew the Lease;,and
WHEREAS,Lessee provided proper notice to Lessor that it desired to extend,the term.of
the tease,and Lessor offered to renew the lease for a two(2)or three(3)year term rather than the
one(1)year renewal term as provided in the Lease;and
WHEREAS, Lessee has accepted the offer of Lessor and desires to renew the term for an
additional two (2) years to begin on June 1, 2019, and expire on May 31, 2021, with the annual
base rent increase pursuant to the Lease terms; and
WHEREAS, Lessor is entitled to an increase of the base rent by the greater of an annual
C.P.I.U. adjustment or by 3.25%on the anniversary date as allowed under the Lease; and
WHEREAS, Lessor is entitled to an increase in Lessee's prorate share of the annual costs
for fire,flood and windstorm insurance,real property taxes,waste collection fees,common utilities
and annual costs to keep and maintain in good repair the building exterior, landscaping, lighting, '
sidewalks, driveways, curbs and sign; and N
WHEREAS,Lessor's principal address has changed and its address for notice pursuant to
Paragraph 31 of the Lease has also changed and this Amendment will reflect the new addresses;
and E
WHEREAS, Lessee desires to amend Paragraph 39 of the Lease to include revised non-
discrimination language pursuant to its updated County ordinances and/or Florida Statutes;and
WHEREAS, the parties f find it mutually beneficial to amend the Lease as to the term,
monthly base rent,address changes,and nondiscrimination language; and
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Packet Pg. 2918
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NOW, THEREFORE, IN CONSIDERATION of the mutual promises and
considerations contained herein,the parties agree as follows:
U)
1. The initial five (5) year term under this Lease initiated on June 1, 2014, and
terminates on May 31,2019,as set forth in the WITNESSETH Paragraph of the Lease. Paragraph
43 of the Lease provides that Lessee shall have an option to extend the term for five(5)additional
one(1)year terms subject to proper notice from Lessee to Lessor. 0
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2. Lessee provided proper notice to Lessor exercising its option to renew the Lease
for an additional one (1) year term. Lessor offered to instead renew the Lease for a two (2) or
three (3) year term, and Lessee accepted said offer to avoid the Supervisor of Elections' office
having to move or renew its Lease during a Presidential election year. 0
3. The term of the renewal for this Lease shall be for two (2) years commencing on
June 1,2019,and terminating on May 31,2021,under the same terms and conditions of the original
Lease, unless terminated earlier under another paragraph of this Lease.
4. Pursuant to Paragraph 1 of the Lease, the base rent shall be subject to an annual c
adjustment increase of the greater of a)C.P.I. U.for the 12-month period ending on December 31 `
of the previous year or b) 3.25%on each successive anniversary date. >
5. Commencing on June 1, 2019, for use of the premises the Lessee shall pay the
Lessor a base rent, which has been increased by 3.25%pursuant to the Lease, in the total monthly
amount of Two Thousand Nine Hundred Ninety-seven and 05/100($2,997.05)Dollars,payable in
arrears upon receipt of a proper invoice pursuant to the Florida Prompt Payment Act, Florida
Statute, Section 218.70.
U)
6. Lessee shall also pay in addition to the monthly base rent, its prorata share of the
annual costs pursuant to Paragraph 2 of the Lease, which is subject to adjustment during the term
of the Lease. Lessee currently pays annual costs at a rate of 7.05. in the current amount of One
Thousand Two Hundred Fifty-six and 66/100 ($1,256.66) Dollars, which has now increased to a
rate of 7.48,for a new monthly annual costs amount of One Thousand Three Hundred Thirty-three
E
and 31/100($1,333.31) Dollars per month.
7. Commencing on June 1, 2019, Lessee shall pay a total monthly rental amount of
Four Thousand Three Hundred Thirty and 36/100 ($4,330.36) Dollars, for the base rent and its
prorate share of the annual costs. N
8. Lessor's principal address is changed to 2727 Ponce de Leon,Coral Gables,Florida
33134, as reflected in the opening paragraph herein. Lessor's address for purposes of any notice
to be sent from Lessee to Lessor pursuant to Paragraph 31 of the Lease has changed and said
paragraph is amended to reflect the new address as follows: OXFORD BUSINESS III
CORPORATION, c/o Emerald Real Estate, Inc., 1395 Brickell Avenue, Suite 760, Miami, FL
33131.
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Packet Pg. 2919
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9. Paragraph 39 of the Lease with regard to non-discrimination shall be amended in
its entirety and replaced by the following paragraph:
39. 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 Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order. 0
Lessor or Lessee agrees to comply with all Federal and Florida statutes, and all local 0
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
on the basis of race, color or national origin; 2) Title IX of the Education Amendment of
1972,as amended(20 USC ss. 1681-1683,and 1685-1686),which prohibits discrimination 0
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 c
Act of 1970(PL 91-616),as amended,relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC >
ss.690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug 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
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 14,Article 11,which prohibits discrimination on the basis of race, color,sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression, 0
familial status or age; 11) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
10. All of the remaining terms and conditions of the Commercial Lease dated May 21,
2014,not inconsistent herewith, shall remain in full force and effect. E
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative on the day and year first above written. '
N
(CORPORATE SEAL) OXFORD BUSINESS III CORPORATION,
ATTEST: LESSOR
E
BY- _
Printed Name c�,�c�S P ' Name- E
n
Title: , ,, � it1e: I-Fv r tz�Z'r 47
Date:
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Packet Pg. 2920
•
•°`''�•4 `�� BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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BY: BY:
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Deputy Clerk Mayor/Chairperson
Date:
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MO OE COUNTY ATTORNEY'S OFFICE
PQVED AS TO RP
PATRICIA EAGLES
ASSISTANT COUNTY ORNEY
DATE:
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4
Packet Pg. 2921
COMMERCIAL LEASE 4-
0
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A
THIS AGREEMENT OF LEASE, made and entered into tNs 2.1st day of May, 2014,
by and between the OXFORD BUSNESS M CORPORATQN, herernafter referred to as
4-
Lessm, and BC)ARD OF COUNTY CIOMWS&ONERS 0(' MONROE ,,C,0UNTK-JF1�,�TQ&,1. --2 """ " ....... ........................=. ...........-', , 0
hereinafter referred to as Lessee (the terrns "Lessor" and "'Lessee" to be construed in the
singuW- or t')iUral nurnber accordrrigay as they respectiveiy repR)sent one or rnore than one
person, partnWship, corporation or other organozafiorl)�
0
WTNESSETH:
1'hat Lessor does by these preSE nts lease and de aria se unto I essee the foaaowing U
described property, aying and being sftuated tn the 6ty of Marathori, County of Monroe, State
of It anr'ar'rda, and b6ng more parkulady described as foiaows, Unit A & Unit B, '100th Street >
Center, corriniorfly known is 10005-100,15 Overseas 1--fi( hway, Marath n on, Mor C.O oe Unty,
9
Porda, conta�r0rig approx�niateiy 2,139 rentaWe sqLMM feE°rt,
Sufte R.&F
(A) t tt tt t 32 2
B) 0 0 15 1,407
(A-tl B) 21,1139
for a term of five (5) years, begirming on the tat day Of JUne, 2014, and eridkig on the at E
day of May, 2019, 'to be oc.cupi&.J for the PUrpose of conducting the bWsiness of Monroe
("OUnty Becfions Office / adnik-iistrafive-office type Use (and saO demflsed premises are to �be E
t,,ised in no Oft)E:r rrianner and for no othet purposes whatsoeve� wrthout the prior written
consent of Lessor), paying tt refore the inftOl base rE1111t of Two Thousand Five Hurldre
................... Hurl
E±tj,,,E5j!g.a n d 13/100 per rrionth
0
SPOC RSF-' Rate$IR,SF Base
A 732 $ 14,00 $ 854M
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3 1,4 07 $ 14 50 1,700 A 3
................ ........ U)
TCYTA[ (A+B) 2,139 2,554-13
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Upon the fcAovv0(,) ternis, condiflons arid coveriaints, 4-
0
ese L
e iaears, Up r6 er1 Lses[4�1 y oe . o invoice 0
PUr'suant to the aµlortn a aIrorript Payment Act, Porida Statute caection 218 70 at such address
CL
as sh0 be SUV.,#�ed by � essor I he base reir"4 shal� be s�.jbject to ari annuW Ocrease of the
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greater of a) C F`11U, for the 12 rnonth period ending on Decernber 31st of the previous year,
or b) 3.25"Yo on each successive w iniversary date, The annual cap on C P UJ, sha[a be five
percent (5,01YO), E
Packet Pg. 2922
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2, urn aaa ctutucanrn to the rnncornano tnaa Sco ncaamrnt, the ILessee aouna.auu be cot f aµated to pay IP is prcorantaa -
share
0
SPACE RS % A
n.corn& 732 . � 6 6%`r
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10015 n��cWm" 12,7% �
No o Rata Share e :ran n9?1« 4-
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of the annual costs tcor. fire, flood and nrrurnaatmatcorrn i°inn sumn ,a , reW property taxes, waste
ccoHecti on fees, caorrnrrncorn utuQutnc s and annual costs to keep and maintain k'n good repair the �
uouoa'dr ng e terik) uaarnc craapo n , uuc u�utii�rng, aaocte ao ks, rtru an as raaq curbs and saloon. "F owaaru� �
these cotouu aatucormao, Lessee straaH Doan O` 1,099.80 per irrncorntuo as an e tuiMaat ccu prorata share
of these expenses. .t"hi anrn°ncou,arnt is subject to adjustment d°.i i nit" the term cot,. the ueei e, U
based on aaccturaau c°.cconat �
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Space ra h" CAM
A ; 3 2 376 7
The total rent (Base rent plus AM) for YEAR ONE cµ ha.H be as tcoH on rsa.
BASE c n n TOTAL
YEAR 1 Aaant4 $ 3cn,64 50 '13,197,63 $ ~bran
Month ., .. 2,554,13 � 1,09aa $ a
_ ....
I-essee shall at aauu farm s ctu.arirn t the cc°orntinnu,uaarnce Of tho S ucocaase, and at his own cost and
expense, keep and rnnaaurnt.aaurn urn good repair the inte6or of the i errnuse hereby ueaarne , which
h
nu.raaH unnccuuide aaH windows, puaatrc gµ ass and c cocorS cwaouotngcacaoU S to the exterior, (Jrfless there is
darnage caused by the rnegHgenc e of Lessor, t...cassee aal[-4 keep fl°,ce a.amr cccornctutiicounurn°a
equipment urn aac e the U nut and sere k,q the curnut (han&ng u.nn°nrt), the ok,i mWn g work, water
r �
w u
� Burnt thereto o in good r oaaur° and shaauu keep tunas water pO itOes �
cc�uco��t�a�, ula �as aar�.nc�� �utc�urc�c ��ca�6corn
and connections free frcoinan ro O tfticctucurn , and to gerier,'Ay rnnaai ntaaumn toucan a eranuraoe torerrnuaacona to U)
the saatu taacctucorn cot.to°non rmrnuroupan , p ofncce and aar.n other goverinmevitau a. uothoht r, duhng the term �
of tlho s ueaase. Lessee shaH not co eruaoaact the caarryu nt capacity of the floors ao�t the (tcnmmornnu e U)
oiremn ses. coo licorn as he h aH n�a:.rrma 0
Lessee, � � .� � remain nrn mr°n possession of tuna crnnni'i �aact toraann�tnro , a��tnaauN 0
keep and rrnaaurntaurn a lH portions of the prerrnf>c.s, the urr°nprconr&rne nt tf'iercncou°nw the
aappuorternaarncce , rnn«acchn nertr, equu'o�ornient aamncat fixtures therrourn, in such ccornctutu rn as to prevent
any loss, c aaaunnaage Of' rfljLffy tco the persons, properly, bu si nco: SEE, bUE.Jness or OCCLipafions of 0
any other persons jzuerrrnutt oct by u.M.essee to be urn or aaatococat the ucoaaaoc:d OrerTirs acn„ owners,
occupants arid invitees of adj6nkig praamnnses, and too ray o nS catoconn the adjacent u,ocortucorns of the
street .
t � wun front aornct the side streets of than cterrnmscact tOrcanmnrcman urn the event t„ecacap ;ahauu reto6cco
aaappu ile na rncces, r naa(,;.hiner , a quampr nerit or tuXtcores, the rep c erne nt sr)Wu be mnn general aC
conforr-nity to ftmt reps aced as to ctuanuut , smze and aopearance t the terrrnunnaotucorn of this
u �� t ,. E
a �:» �..4" ,� ���„� ���"na:�b� �"� �n4~Sr" ��"n�'' R�rnn°��+ �"�� II"�`�nn"�IC���"�� nn� as good S�t"�Yr'nntn��nn a����+ a �" t�n � ����^ nr6r`nCr`"&�
Packet Pg. 2923
of the terrn, riaturW deterrovation arid riorrnai wear and tear, depirecOtiorr and darnage by fire 4-
0
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and the 6�ements oNy excepted 0
L essor shaH be responspWe for caprtefl costs, approved by Lessor, exceEmdkig I'm 'Thousand
DoHars ($2,000,00)
CL
4, Lessee agrees to accept possession of the dernrsed premOses in their present 4-
0
condifion.
5, AH propeq, y of every kund whrch may be or� said deirnised prery-Oses dUring the terim
hereof shaH be at the ago:e risk of Lessee, or those cl�airning undeir Nm, and the Lessor shaH
iot be Habie to Lessee m to any other pers(Im whatsoever, for any Hrl,�Lffy, poss or darnage tcI,
any person or prope in or upori saO den'mrSEICI prerrOSE)S To the extent set forth in U
-i account of
76828, Lessee hereby covenants and agrees to assume aH HabHity for, or or
any injury, Vloss or darnage above dEascribed and to save I-essoF harmless therefrom, >
Furtherniore, Lessor s[mH not be e to Lessee or, to I-essee's patrons, empioyees,
Hceinsees, perm�tlees or visitor's for any darnage to person or property caused by the act or
negHgence of any other tenant or, said deniised premises, or, due to the bUiiding on said
rrreir�flses or any appUrIenances thereof berrig irnpir-opeidy constructed or being or becoming 76
out of repair', rror 'for, any damages frorn any defects or wani of repasr of any part of tfu�:m
buHding of wl-Och the denflsed preinises forrn as part, urfless rnjtjry or darnage descrrbed above
was caused by or was due to negHgence of L.essor, Lessor's agent, servant, ernp ocean or
patron', but ith the exception of the need for one ADA cornpHant hanftap parkrng spa(".,e of
which is to be coned:.Ied, Lessee accepts said jpremrses as W"16ly suitabie for, the purposes
for W-6ch san°ie are leased and aCMPtS the buil&ig arrd each and every appUrteriance E
thereof and warves defects therein ind further agrees, to the exterit set fourth in F",S.768.28, to
hold I essor hamiless frorn aH c.Wnis for, any such ciarnage urfless such daamge was caused E
by or was due to negfigerwe of Lessor's agent ft is further, espe6aHy Understood and agreed
that Lessor shaH rrot be lWAefour any faflUre of water sUppiy or 6ectft current, or, for injury or,
(imnage which rnay be sustairxcd to person or, property by Lessee or any o1her person
caused by or, rest,iffing froryi stearyi, eiectirirJty, water, rain or other Hquid which may ieak or
flow frorn or into army part cute said buiUng or caused by the breakage, ielkage, obstructiorl or
other deft,uct of pipes, wiring, appHances, pW,le gWss, pk.irriNng or prghbrig fiXtUres of the
saffie, or bythe condition of said premises or any part thereof or from any other SOUrce or by
any other cause whatsoever, whether the said darnage or injury shaH be caused by or be due U)
to the negHgence of Lessor, I-essor's agent, servarit, ernpioyee or not, nor shaH Lessor be
HaWe for 4,iterference with Hght or otfrer r'ncorpoireW l'iereditarrients, provided SUCh U)
irrtefference is caUsed by ariyone other, than the pandiord, nor. shaH L-essor be fiaWe for such .2
nterfere rice froril operations by or for governmentai ager)cies in construcfion of avian Ipuu.u0cc or
W
quasi-°pubHc work, 4-
0
L-
0
6 Lessor, wipe obtain fire, flood and windstom"i 4'rsuranM for the purer nisdeal and upon
Siskm'i of t meN ,
share of same Lessee shWi pUrClIase pubHc liabrHty kISLIrance Mh coverage per occurr'Emce
of at Ileast One-mMion DoHars ($1,000,000M) aind shWi inarne iLessor as as co-insured on said
PoHcy
T Water/Sewer C".hargE�. NA,
Packet Pg. 2924
8. Lessee shaH pay aH charges for water arid 6ectric as the sarne shaH becoirne due 4-
0
during the term of this Nease Eacti office is separateiy metered for, water, and Oectricity. Each L-
0
"I"enant is respoinsibie fo,r� th6r OWII Usage and for payrnen't of their utiHty biHs >
CL
9. Lessee agrees ttiat fre proryipfly \MH exeCUto and WiH WiMli aH ordiriances arid
regulations of the state, County or otl u�ar governrnentad agencres appHcabie to said dernised 4-
0
premises, and aii ordinances imposed by the Monroe County HeWth Departr'nent and Sherrffs
Deparlment for the correctJon, preverrflon arid abatervient of Inu isances in or upon or
connected with sad dernised prerna�ses during the term of th gease, at I-essee's saxle
0
expense aind cost,
10 Lessee shaH not assigri tl,°iis Agreernerit, nor shaH undedet the whcfle or any part of the U
dernnsed premises, Mthout the consent of Lessor first obtained in writing, aind shaH riot
OCCUPY or permit or suffer the saMe to be OCCUpied for any Ibu~siness or purpose deen'led >
extrahazar-dous on aCCOUnt of fire,
11.Lessee shaH grve, in case of fire or other casr,.ialty, irnmediate notice in wrrting to
Lessor, who shaH thereUpon cause the dati'm( e to Ibe repaired fortr"m4h, provided materiais,
76
SLJppdies and iabor are reasoinaWy avaflabie'l if any portion of the prern se s is rendered Unfit
for C)CCUpancy, the irent shaH be apportioned 'for the perk.)d of firne required to make the
repairs, accorchng to the part of the premises, if any, which rernak)S UsaWe by Lessee, if the
Emfire bui6ng shaili be destroyed or rf prernises is not accessiWe or, lis rendered unfit for
OCCUpancy, fi,'Den wfthin 30 (thirty) days after the fire or other casuafty, either Lessor or Lessee
may cancel this p,..ease by notice in writing to the othei, effective as of the date of the niaiHng
E
of the written notice, except 'that the Irent shaH be apportioined as of the date of the fire or
other casuafty.
E
'12Any sggri for the cilernwsed premrses shaH conforrn to Wl appHcabie COUnty codes arld
shaH be either as two-srded sandUiasted or iaser-cut sNgn, not to exceed 18 4rches by 72
uncires, and shaH be kistaHed by IL essor ori the porch cel'ilflgrn lira front, of the defflised prerlliSE;S.
Lessee shaH riot piace, paint or otherwise affix any other s gns, banners, flags or baHoons at,
on or about the prern�ses, or any part thereof, or, change any Hght fixtUre, except as and
where first aplproved in wrifing by L,essork and I-essor shaH have the right to reinove any sgn
or signs in order to paint the bUOdirg or [prernises or rnake any other repairs or a�terafions, bUt
r'K.ANng herein shaH be construed to requOre or obfigate Lessor, at any tirrie or in any manner,
to pa4"it the bUHCJ4-)g or' pr�errflses or make any other repa4s or afterations, Lessor grants
Lessee perrn�ss�on to furriis[i, instaH and rnamntarin, at so cost of d...essee, sign rn the buHding .2
rnarquee SaMe to be approved by [.essor, prior, to iristaiiaflon, consent isnot to be
unreasonaWy withheid by Lessor, W
4-
0
L-
'13. dn the event of as breacl"i or, threatened breach by Lessee of any of the agreerrients, 0
con6trons, cover"mrits or temrs hereof, d..(assor shaH have the right of injuriefion to restrairr the
same and the rgght to invoke any rernedy aHowed by iaw or. in eqUity, as rf specific rerriedies,
4Aernnity oir reirnburseaients wer(a riot hE)rein provided for ui-th(',rrnore, the rdglrits and
rerne6es given tcn Lessor in this iease are 6sfinct, separate and curnWaflve Irights arld
reNuud
ries, ndnoofhrwhether or not exercised by [,essm shaH be deE'Irned to be irr
cs�on of any of the others
4
Z P
Packet Pg. 2925
4-
0
L-
14.The agreements, conditions, covenarits ain(,I terms her6ri contakied shaH in every case 0
appiy to, be binding upon, and klUre to the b(,,nefit of the respective pairties hereto, their heirs, >
exec,utors, adrr*iistrators, successors :ind assigns, with the, sarTre force and effect as if
specrficaHy aientioned 411 each instance where a party �mereto pia naaied, provided, however,
fl'mt no assigrirrient or uridedetting by Lessee en vbiafion of the prowsbris Of this iEmse shaH 4-
0
vest in any SUch assignee Oa° Underteriant arry right to fitie pra or toy the peaseWd estate hereby
created,
0
1 11") No assent, express, oar,. impfied, by Lessor to carry breach of any of Lessee's covenarits,
agireerTients, corrd(ions or terms hereof shaH be deerried or taken ta:) be a waiver of arry
SUcceeding breach of any coveriant, agreenient, condifiori or terrn IhE,,reo f. U
161t pas especiaHy und(N'stood and agreed that aH persormi property piaced on the >
dern�sed prern�ses by the Lessee rnay be rernoved �by Lessee at the ternrination of this lease,
provided LesSE�e shaH not the bE� �n defwAt of the perforrnance of' any of uts agreerrients,
conditions, coveriants or terms hereof, and pr(Mded fUrther that ti,'�e bLhiding si"iaii be ieft by
Lessee SUbstarifiaHy' as weH equipped as mt is at the beginniing of the ter-in, and provided
ftlrttier that no such pro ("irty shaH be rernoved by I essee if sUrch reffloval shoWd perniarienfly
rrIjUre or 6srnanUe said bt,ji6rig, and provided further that the rernovW of ariy SUCh propefty 2
shaH be effected wrtt*i five (5) days after the expiratiorr of: the said to and ait darn age 0
U)
M
catised to said premrses by suc[i rernovai shail be repaired by Lessee at his own cost and
expense.
E
'a
17. Lessee shaii not niake aiteratk,)ns, additioins or prnproverr�ents to ff'�e dernrSEd prernises
oar to the btAUng thereof wrthout the phor wirtten consent of Lessor; and after such consent E
has beWl given, tu,Oess othervvise agreed upon 0 writing, all alterafions, in,ipirovernents and
addffions made by Lessee UpOrl the demised pirern�ses sha H bE,, doine by as licensed contractor
at as reasonaWe cost and, aithough at Lessee's own cost and expense, at tiie opfion of the
Lessor shaH rema4i upon the prernises al the expiraOon of this lease and shaH becorne the
p c,qXlrly of the I-essoir rn fee sinippe, without (A[ier actron or process of law.
18. pry the event Lessee shaH ri,-iake defauR ki tfie perforr'na rice of any of the agireeRlemts,
conditions, covenants or terins herein conta4,red, � essor, irrunediateiy or at any Urne U)
thereafter (no oWigation, however, bEl,'�ng imposed upon Lessor to do so) may perforin fl,-ae
sarm".1 for the aC(,',OLjnt of Lessee, and any arnount paid or any experise or Iliabiiity incurred by U)
L.essor pn the performarice of ffie sarne slmiaH be deenied to be additionai rent payaWe by
Lessee for flie dernised pa remise together with 18% (ek l'iteen percent) interest Per annurn
W
fl"nereon from the date of payrnent t)y the I-essor to the date of repayrnent, and the sarT'ae, at the op6on of Lessor, may be added to any fiXE�d rent then CIUEm or ftiereafter, fWiing due L-
hereUnder; arid Lessor shaH I-mve the right to eruter VIE� said dernsed prernises for the 0
purpose of correcbn(� or reirnedying sakJ defaWt and to rerr4ri ther6rl WIN the sarne shWi
have been corrected or r(".1"rn ed ped. Any rnoney due to Lessor shali riot be deemed to be in
defapt LHIM three (3) days after prior, wir4ten notice by Lessor to Lessee, Lessee shaH i-iave
two (2) weeks after phor writteri nofice by Lessor to correct any noin-morietary defaUt
E
5
Packet Pg. 2926
4-
'19. Lessor shaH i,�ave a statut()ry landk)rd's Hen arid urn addifion is hereby given an express 0
lanftrd's Hen as security 'for, the fixed rent heir6n reserved, as weH as any of the other 0
charges or, expenseS Eflsewhere hereinabove or Inereinafter desa gnated as "aftfionai rer"A"
upon aH of the goods, ware, chatt0s, inip enierits, fixtures, furnrtUre, toois, machkiery and
other persona� property which Lessee now or at ariy trine hereafter piaced in or upon the
deniised prearises, aH exempfions giant said property or any part of it b6ng hereby war ved, 4-
0
20, iLessee hereby espe6aHy coveriants and agrees that ti"iis iease shaH be subject arid
suborr6nate to any mortgage or rnortgages now on the derri�sed prernises, Lessee fijilfrer
agrees to submdinate this uease to any rnnrnrtrga ge obtained by Lessor duirOg the terrn of this,
iease or ariy extensions or renewals thereof,
U
21 , [.essor hereby cove riants arid agrees that Lenssee shaH arid WiH, U )Orl payment of aH of
the rents arid aH other surns of noiney, herein provided to be paid by Lessee, LIP011 fLffly >
observing as perfcanrr°nanirntg the covenants arid agreements her6n proMed to be observed and
performed by I.essee, quiefly and peaceaNy possess arid enjoy said above-deimised
prernises uniess said lease be sooner terminated under, and in accordaince with any of the
provisk)ns herein e se where contained )rovidrng for suchterrninafion,
22, if any of the fixed rerit herein reserv(E.1d or any Of ti)Eu other charges or expenses
hereirrabove desiginated as "add fionW rent", or any of the taxes, assessin"ients, cfiarges or
other sun"is of money to be paO by I-essee shafl not be paid as and when the same become
due arid payabie, or if i es see shaH defaLflt 0 the p&forryiarice of any of the other
agreements, coindftions, covenar�ts or terms 11�iereirr contained, or if a petit�orl or ainswer lor.
E
re(�)rgannzation of Lessee or the then owrier of I.-essee's iriterest hereuindeur shaH be aPj)R.)VEd
by any COLIF"t or judge therEaOf, or if I-essee cH the then owner of Lessee's interest hereUnder E
s[iaH make a gerrerai ass° gnrnent for the berrefit of creditors, or slwiH take ,Iny benefit under
any ins6vency or, bankruptcy act, or have a receiver or, trUstee or other fiduciary appointed
for its property, or if Lessee's geua eholid interest shaH be taken on execution or other process
of iaw, or if this iease or the estate of Lessee hereurider, s[iaH fuea tirainsferred or pass to or
devoive upon any other person, firni, assocrafion or corporatron except in the nianner
provided hereunder, then and in any of said events, Lessor or those (.BairrOrig r.jnder hirn rnay 2
uryvned ate(y or at ariy finie thereafter have the tight to tern-Onate and end this iease and the S
term hemby granted, as weH as aH of the 6ght, fitie and interest of Lessee hereUnder, by U)
gMng Lessee ten (10) days notice in wrffingi and it is agreed that upoin 'tt"ne exp4-afiorl of tine
term fixed in suci'i riohce, if the said noripayrnent, defiRdt or, other cause of terri*ialioi i
specified in such riotice shaH not have bE,a,en rnade good or rernoved, this iease arv'J file terry-,u .2
hereby granted and created, as weH as aH of the rigr`it, btle and rnter(�)st of I essee hereUnder,
slriaH, at the opflon of I.,.,essor, or those cis irnOg k.mder hirn, whoHy cease and expire, ir,r the 4-
0
sar'ne manner and wrth the sarne for-CEu arrd u:uffect as if the expirafion of Orne in such nOUCE, L-
were the end of the term herein originaHy dernised; aruci Lessor or those ciairning under hirn 0
rriay Oirnediateiy or, at any tinie thereafter and WOICRA further. notice or derr,land enter into arid
upon the sarne premiSEus or any part thereof, in ti,ue narrie of the wh(fle, arid repossess the
san,ie as of his first and former estate, and expO the I-essee and those c airnrng under hirn
and remove its or, th6r effecis (forcibiy, if necessary) without being taken (,:)r deerned guifty of
any rnaniner of trespass, and without prejudice to any reff e(fies which might, otherwise be
used for, arrews of rent or prece&-ig bireach of covenaint, and that Lipon entry as aforesaid,
0
Packet Pg. 2927
sat Iease shalH be terrnk'ial'Ed; and Lessee agr�.',es that, notwfthstanding the lerr6k,iation of 4-
0
ttars tease and possess�on regagned by Lessor, he wM undern6ify � essor, agaOist all as of rent L-
0
wNch may accrue to Nn by reason of such terrriiinatiorr during the reriiarrider of the terrn
aforesald.
hi the event Lessor does m.'A exer6SE the right, I-rereinabovran given hirn, lie may accept 4-
0
rent from the recerver, 'trustee or other officer in possessk)n thereof for the term Of SUCh
occupancy without irT'ipaphng or affecfirig qn any way the rights of' Lessor agagnst Lessee
hereunder. Any neggect or faHure to enforce the right of foffefture of tNs lease or reentr-Y Upon
[)reach of any of the condgfions, cove�,riarits, terms and agree rune nts her,60 contained shaH not
be deerned as warver of suclh rk po ht url E UbSqE� iuent breach of any such o an
y ny other
S3
h
condffion, coveriant, teinn arid/or, agr(-�ernent hereirl cor1tain(1(, U
23, It. iS Understood and agreed by and betWElen 1.essor arid 1.essee that rn the event the >
d&Tflsed prerrirses are condery,med for PUbfic use by any goverimnentcfl agency, County, State
or FederaC, ants Nease shaH (,,,ease and termiriate arW shaH be of no to raft" cat, and Lessee
shaH have no c�airn (z)r, dernand of any kind or character in and to any award rnade to Lessor
by reason Of SUCh condetrimation,
24, ft is express�y Uriderstood and agreed by ain(J between Lessor, arid Lessee that in ft e
event Lessor her6n shaI� not be fl-�e own&, of the prernises hW'ein dernised, bUt sl'iaH hoW a
lease of the property of wNch the demgsed prernrses are apart, then the mSLflfing suWease is
and shaH remain subject to aMrgq of the tornis and condiflons of srx.Ji expsfing pease to Lessor so
far as they may be appficableto the prerm I ses her6rr dernised
E
25 t aH turner during the tern-r of this lease, I. essor shaH Ihave the right, by himself, his E
agents and emp�oyees, with at least one day's nofice to Lessee, bUt excepfing an emeirgency
where rioflce is not prac,fical, to enter rrito and upon the dernised preffltses du6ng nornial
busness hour's for the PUrpose of examining and inspectrng flrne sarne and deter'fflgrlklg
whether Lessee shWl have cornpHed Mh aH of rts obligations hereUrider in respect to the care
and rnaiiriteriance of the jpreffitses, the repair and rcntwmUggcttrrcg of' the rmprovernents, thereon
when necessary, and M otherterms and condiflons f"iereof
26. Lessee and Lessor covenant and agree to pay arid dpscharge A reasomaple (,.(."rsts,
attorneys' frees (incUfing appeRate attorneys' fees) and expenses that rnay be by
Lessor and Lessee in enforcing the covenants, agreements, comfitions arrd terms hereof,
2T L essee shaH have no power to do any act or to make any contract that may, create or
be the fOUndation for any Hen Upon the present or other estate of the geasehoId and derniised 4-
0
preriirses, or .upor) any of the buH(1rings or impirovements thereon, except as hereir) elsewheire L-
0
specrficaHy provided, -The interest of the Lessor shaH inot be siJbject to any puns for, A
�mprovements made t)y the I-essee and [essee agrees to notify 1he contractor rwiaktng any
siuch i nip rove merr ts of tf'fls provision. CL
28.1-essee agrees that in taking anus �ease he is goverried by Ns own inspecOon of the
prempses, and his owri jud gran ent of H-w4 des4abHrty for tfls purposes, and fr,,,is not been E
governed or, inflUenced by any repmsentation rat. ILessor's to the condrfions arid c1-mracter of
7
F—Packet Pg. 2928
the buH&rg upon fl-ie prerTirses or as to the earning capa6ty there�,of; that no agreements, 4-
0
L-
StlpUlatroris, reservafions, excepbons or condifions whatsoever have been made or entered 0
into in regard to szfld premrses or this �ease which wM in Iny way vary, contradict or irripail
the vafidity of ftfls lease or of any of its terirns and conditions; and that no modfficabon of this
CL
iease shaii be binding Urfless it shaH be iri wrifing and exe(Ahted and acknoMedged in dt,,re
(n
forrn for recording by M of the parties hereto, F�'urtherrnore, Lessee takes this Iease and the 4-
0
dernised prernises SUbject to aH recorded easements and irestricmt.rcarns affecting the occupation
and Use thereof arid sub ject to Wl statutes, ordinances arid regWafions of cornpetent
governryiental aUthorfty affecting the OCCUPE"Incy and Use thereof, the constrUCtion arid
maintenz,im;e of improvernerrts theireorn, and the bLls mess es and occupat enge ions to be gad 0
in by Lessee, in force now and subsequenfly &16t)g the term of'this iease.
U
29,Any word, gIrOLIP Of WONJS, phraSEn, seintence, paragraph or provision herein piroNbrted
by law or deb ion by as court capf cornpetent jurisdiction slhaH be tuna ffectrve to the extent of >
such pro[,i6tion without invaHdafing the remarning provisions herE'Of,
30 Whenever any payrrient rs to be made UrWer this i �ase al. or, wiftri as Urne stated and
whenever arry act is to be dorre Under this, lease, by either, parly, at or witNn as stated firne,
time shaH be of the essence of tKn s agreernent.
31 ,Any inotice, fronn Lessor to Lessee relating to the dernised pren,irses or to the
U)
occuparicy thereof shaH be dt,fly served, if addressed to Lessee, by Uriited States Registered
ail, Return Receipt Requested, to'.
E
Division of' Pubfic Works, Facififies Mairatenatice on
3583 Soutli Roosevelt BINA, Key West, FL33040 E
Any notice froirn L.Easee to Lessor shaH be sent by United States Registered Mail, Return S
Rec6pt Requested, to: C
0
OXF'ORD USN SS M CORPORA.-T]ON, c/o
ErneraM Real Estate IInicw. / '1401 Brl�ckeH Ave. SUrte 320 / Miwni, FL. 33131
U)
32, It is drsfinctiy understood and agreed by and between th(a Lessor and the Lessee that
any hoUng over, by Lessee of the her-ein defflised premises after the expirafion of this lease
shaH operate and sfiaH be conSfilied oniy as a teriancy at sufferance, and the tenarit shO be
0
Hable for SUch addrfionW rent as shaH be allowed by the iavvs of the State of Florida then in
U
effect, for the perbd of time he Wds over after exprraOon. W
4-
0
33,ft sharp N iaWfLfl for' L,Eassor or, his agents at any Wne witKrn sWy (60) days before the L-
0
expiration of the term of tKis lease to enter. upon 14-re derniSEnd premises and tO affiX Upon any
surtabie part thereof z) notice or, notices for the ieasnng of same, and the Lessee agrees not to
CL
remove any such nofice or notices or, to perrTii't any of his emrfloyees, iicensees or perirrirttees
(n
to rernove the sarne,
E
34,Securfty Depos,it, Intention0y deiet:ed.
8
FPacket Pg. 2929
U.5.f
5,Move-in Funds, It Breakdown nn of maaawarn in funds is depicted tarnkn)wl -
L-
0
1 T EFM TOTAL
Last myna �
Security \aaarwarna 0
3,653,93
Areas
t� . tttn bt � �
� a'n 'raaat �"tr��aar"nrr'nR and t«ali"nP'tCarnaat aa�nwnnr';' a� tthethet�nnn�rnrna&„4rn r �"��� in accordance
a,,
t: aaUUnttrthe ��rUatrn the same standard t a
anaat.ene�aa °aUrn� s d and
consistent
a is aaaU� spaar� �t� ��� U. a.uaC�au�w�, �� a�ra����aa��l�."�1�� t� �°a
at
u
1, Lessi,ar and t..eu se(a ., each hereby represent and warrant aant to the other, tt nat they �
have dealt w UtUn no broker, ttrarter or srrnnttaar agent, Ur'') connection Mh this Lease other than the >
t',ara'aUrr�r or, aaataa�rat other ttnaarn tUnr� Ba*a�U ��a. a U�auq'.�.aa� a Ia"a�IC����aaa;� a~� fee in �ntraranrne ctu�arn with this�t�tr am ara
Brokers. � event
nnt:Uaarn, the parly who tnamraaarrrert flnaa aaerUeun°n Of SUch tnrolaar or on
whose be haUt such broker, was wraaar l ing if the trarr ,rner caairnrnrat be atnnaterm0 ne d, agrees s to pay
and Via, tnaarran9e ss the other rrnrnn anrnrt aar antanaat any arid aatU 76
fiaatarOit and expense in corrrne�;u�°tnaan�n Wirth any a�aai� n�anaswa �a is aaaar, �� Barra to ur°°n rranr`rU aar rats a��r" � a
x � � � �.� Urarnan„ crnrrntaern maatta.nnn. �
a�
nn Law, u , Uaatu alpr aation, "osts,q�ttt tJa.,nwr rrnUrn Law, aannaan�, trntr�a'tar taatan'�ar°n. r�t errniir" Venue,
arid F'e a" & ft t nr , Agreement tnaaH governed b and construed nr in accordance aarnce w rth the laws State of r 'ra the �,
va � � � �� � � � � State.
ra tar'w in attn� r,wra�"nt that ,�cau aa�f action adrn�n traa , proceeding rlSfitUt rr for the
enforce merit ernt or kitertaireta borr aat th°s Agreement, the (our°rty and Contractor agree that venue
w Hi I�e in they apprua p naat:ea court or Uanrrtrnraan the a:a tarophate aar n nnnnra raatrve body nn°n Monroe E
Crau.arnt „ F'Ga:urtda.
The Lessor and I-essee aa,a reEa that, Uu.,n the event nt of a.o nffictin interpretafions, of the ter n.n s
or, aaa term of tl'Os Agreernent by or between any of ttnanr°ra the rSSUen haaH be srnta mr tte d to C
rrnrnrtta fio n prior to the trnr'atUtu.aturara aA any other a art'rnnnr°nistraatU ran or UegaaU pir'orrcraaaa'urnt ,
39,Lessor and ry a agree thatthe
re w a be
no discrtrriin
afion against arn person,
,
and ft is e us raaarstanr that atn_r a rmtarnrnatar by a courtnt arra et at tn. rsrrr trnrn
that arschryflnatra tia acCUrr r , th Agreernent s.atnnaatcaG
�
tWrnk-mtes wrantUIa,rt any further,
aactrnw°nrn on the part of any party, effectrve the date of tare court, order, t.r-.s sranr and IU...esseagree �
to a'arr mpr wmattn a°aH FederW arid Rodda statutes, and aaH iocaat or(t'mrnaarnce , as aatatnUtcaata e,
reJabrig to ruorrntin.crUr°ni naafio n. I hease Unrrtna ra but are not UUrrnrteart to, 't) ..FWe* VU of the t rvH
t r htaa Act of `1964 (tit.., 88 fi t) wnrtn ch t'aruaU" ibt t rtitraua;rrrr'ntrnaaattrarn r'aan the basis of raaa.,e, caaUor or,
w,lrnnrnrnatr'rnr�nrt of �t9 , asaarrnaaarnrted t�S a.u . -
ttattt...168 , anrnr� 68 686), w to ch tnra"ntnr rtra dt schrrO naatna.arn on the bas, of sex- 3) .
naaatUn'nt aarCimrn; �� 'ntUrm��� IX 't the If� raa�aat�naanrn
' tnern°n 0
504 of ttie Re haabO taatUrnr'n Act of 1973, as aar nrar°wnrtaaa'nt (20 USC ra. 79 , wrutnCanh I raaC'arlbit >
a � amended nded
n s� r°Urnnarnaattrar'r� rnrn the Uaaaaa�nUra rat` tn�arnamt6a~�aatana; t°'sawµ rn t tna�aa°r�nnn�nurn atnenrn � �t ent t~ gin„ as aarr�,
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( Office arid Treatment ennt t Act of t 9 (t.��t rt '.2 nt�), ar aarnnrarn� aat bra Uaa in rota�. USC n101 10 which aran6nnbHs a iscrnrannrn�aturnirn orr tt
tw.nu.aaaan O :nr � as
tnrnrnrat as Ua"aanU° 6r a tau.ara e and
Ua.�r�ntnriisran Pra.ve nho n„ t r �atrrnrnunt and aat.nHita.atrr'n¢°n Act ant tt Ott t. t
rnaarar ear rnranurraatrann rnrn the tlnu r. reranr°n a tatr as aaranrarnrn"natr
"a 4 0. M "�
reiating to rnann'ncfiscrUrrOnnaturnrn Oil ttnrn tnaas s (:A aaUrnoh6 abuse rna „.nUw:arntna.nUi'rsran; . ) The t u.n nUic
to
Packet Pg. 2930
Heafth Servic.e Act of 1912, ss 523 and 527 (42 LISC ss,. 690dd-'13 and 290ee-3), as 4-
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amended, relating to confidentiairty of Wcoh6 arid drug abUse pcitient records-I 8) t'ifle Vffl of 0
the CMI Rights Act of 1968 (42 LJSC s. et seq.), as arT-iended, rek.�ifing to nondiscrimination in
the sa�e, r'E,,rital or fJnandrig of hOUSMg; 9) The Arnerk,,ans Wuth Dis�,ibHifies Act of 1990 (42
USCI s, 1201 Note), as rnaybe amended frOM fiffie to t4ne, reiating to noridiscrirninatiorl on
the basis of anti sabH4y; 10) Any other non(fiscriimirlafioin provmbns in any Federat or state 4-
0
statutes wtkh niay appty to the parties to, or ti"ie subject matter of, tNs Agreement,
40.Attorney's Fees and Costs. IEa(,h party shaH be s6efy responsibie fw the costs of its
own attorney's fees krcurred rn connection with the preparation and review of this lease for
executioin, ff any action at Ow oi 41 equity hall Ibe broug[11. Under this iease, or for' or' orl
aCCOLfllt of any breach of, or to einforce or intEH,pret any (")f fi'ie covenants, tefrris, or condifloins u
of this lease, or for the recovery of possession of the dernised prernises, the prevaHirig party
shail be entided 'to recover frorn the other, party, r(-)asonai,,)Ie aftorney's fees arid costs, the >
arTIOUint of WNch si-mH be fixed by the court arid shaH be rTiade as part of �:.my judgi,nent or
decree rendeMd,
41, Noin--Wa�ver of IrTIMUnity, Notwiths-ta nd i rig the [provm�I orm of Sec. 768,28, F"lorida
StatUtes, the pad:i6pafion of the Lessor and Lessee in this Agir(.,,a(Irnent and the acqUisition of:
any cornrnerc4l HabiRy irm.,rrance coverage, seff insurance coverage, w local governryient 2
Habiiity inSUrance I)W coverage shaH not be deemed as waiver of irnrrujr"6ty to the extent of 0)
U)
kabiky coverage, nor shalt any contract entered into by the G"'ounty be required to contain any
provision for waiver,
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42. Lessor grants Lssee e the right to use two (2) parking spaces for every 1,000
reintat)lie square feet IVeased Mh appHcabie siginage. Gkiest parkir-q- can be fOUnd Osewhere
E
in parking area, 'The total spa('Iles correspondrrig totessee as leer this lease is FOLK (4)
spaces,
0
43,Lessee shaii haveffie option to extei id the "Ferran for [�)ve (5) additional One (1) ye,ir
terryis (the "Renewai Terrn"), SUb�ect to the ter,rns of this agree�Tient and the foHowirig
Pi'mmn&
(a) I-essee mUst exer'6se its options to renew by gMrig Lessor w6tten Notice of U)
exer`CiSE.� on or before the date that is Fcx.n (4) rnontf,is prior, to the corresponding
U)
Exp ration Date Mh respect to the Renewai Terms ("T"enant's Renewal Notice"), C
Lessee shatl have no right to renew arry of the Ierrn(s) if at the time of said notice of .2
exer6se there is an Event of Defciuft by Lessee vvhich has not been cured.
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(b) RenewW Term(s) shWl �be on the saffh� tE�rrns and corrd�borrs as this Lease, L-
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except t�hat Base (Rent shaH be estatflished my LEISSOr arid t essee in accordance "Three
(3) trionths tenor to the Expiration Date wrth mSpect to the Renewat TerrTI.
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FPacket Pg. 2931
N WFFNESS WHERE..( F, the parfies to fts corvifnercJaV �ease agreement [lave 0
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hereLlrft set th61r hands to dUpHcate orig44s the day and yew first above written afler, 0
ha%fing first noted and approved aH unter-Hne Pion s, inserfiors s, strkeOUts and strikeovers the >
21 st day of May, 20,14 CL
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111"ISSOR
'ji OM!ORD BUSNESS Hl CORPORATION
Printed IC' ....... AMI
u
Primed Name, "WIT , >
............. ...... ...........................
rib
0" ......
Prinled nGmnc,
Da t e, Nla 1, 20,14
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AMY 11FAVILIN, CLFRK BOARD
� ranOFMONROY, Ot WFY, FLORWA fIb
..................
TOF
Vol 5
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By
Deputy Clerk
BY,' _
r5,
Mayo r S.ylvia Murphy
Date
U
.2
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9"4'u"915"': Cl�'(lllll -
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Packet Pg. 2932