Item C04BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February
20, 2008
Division:
Public Works
Bulk Item: Yes X
No
Department:
Facilities Maintenance
Staff Contact Person: John W. King/292-4431
AGENDA ITEM WORDING: Approval to enter into a Lease Agreement with Independent
Mortgage and Finance Company, Inc., for office space at 600 Whitehead Street, Unit 201, Key West,
for the 16th Judicial Circuit's Mediation Program.
ITEM BACKGROUND: On February 29, 2008 the current business lease with Independent
Mortgage and Finance Company, Inc. for unit 201 will end.
PREVIOUS RELEVANT BOCC ACTION: On February 15, 2006 the BOCC approved a lease
with Independent Mortgage and Finance Company, Inc. for unit 204-A; on February 21, 2007, the
BOCC approved the current lease with Independent Mortgage and Finance Company, Inc.
CONTRACT/AGREEMENT CHANGES: Rent will increase from $900.00 per month ($10,800.00
per year) to $945.00 per month ($11,340.00 per year), commencing March 1, 2008 and terminating
February 28, 2009.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $11,340.00/yr or $945.00/mo
COST TO COUNTY: Same
BUDGETED: Yes X No
SOURCE OF FUNDS: Misc. Special Revenue
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
M E M OR AND U M
DATE: January 22, 2008
TO: Dent Pierce, Division Director
Public Works
FROM: John W. King, Sr. Director
Lower Keys Operations
RE: Agenda Item — February 20, 2008 BOCC Meeting
Business Lease for 16a' Judicial Circuit's Mediation
Program — Independent Mortgage and Finance Co., Inc.
600 Whitehead Street, Key West, Unit 201
The 16'h Judicial Circuit's Mediation Program has been leasing space at 600 Whitehead Street,
Key West. On February 29, 2008, the business lease that was approved by the BOCC on February
15, 2006, will terminate.
The Mediation Program would like to continue at this location. This new lease does have a rent
increase of $45.00 per month from $900 to $945 per month or $11,340.00 per year
I hereby request approval this business lease with Independent Mortgage and Finance Co., Inc.
providing office space for the 16t' Judicial Circuit's Mediation Program.
JWK/jbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Independent Mortgage
Contract #
and Finance Co., Inc
Effective Date:
March 1, 2008
Expiration Date:
February 28, 2009
Contract Purpose/Description:
Offices ace for the 16t' Judicial Circuit's Mediation Program — Unit 201
Contract Manager: Jo B. Walters
4549
Facilities Maint/Stop #4
(Name)
(Ext.)
(Department/Stop #)
for BOCC meeting on 2/20/08
Agenda Deadline: 2/05/08
CONTRACT COSTS
Total Dollar Value of Contract: $ 11,340.00 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: 158-8eO+O-530440- -
Grant: $ IRE' io - -
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance.
CONTRACT REVIEW
6,615.00
lities, janitorial, salaries, etc.
Changes Date Out
Date In Needed f� Reviewer
Division Director y Yes❑ NoE� ll Lo Y
Risk Mana e ent Yes[:] No[/- �`�
OltvY .1ir .........
.M.B./Purc asg. Z --G -vY Yes[:] No(Oj (Z
County Attorney ' �✓ �g Yes No❑ ( 2 3w L
Comments: - A 4 (trk C� i.9 r/ C.F� , W t 61�
i 7-2 A
vMts rorm xevisea 212 //u1 muF 42
BUSINESS LEASE
This Agreement, entered into this 4th day of January, 2008, between
INDEPENDENT MORTGAGE AND FINANCE COMPANY, INC., a Florida corporation
(hereinafter Owner or Lessor), party of the first part; and MONROE COUNTY, a political
subdivision of the State of Florida (hereinafter Tenant or Lessee), party of the second
part.
WITNESSETH
PART ONE
That the Lessor does lease unto Lessee professional office space upon the following
conditions:
The leased space, known as Unit 201, is identified in the attached Exhibit A, and is
leased for the exclusive benefit of the 16th Judicial Circuit and the
Monroe Board of County Commissioners.
2 . Owner discloses that all units, including Unit 201, of the property commonly known
as 600 Whitehead Street are being converted into a condominium to be called
JACKSON SQUARE COURTHOUSE CONDOMINIUM. A full legal description of
the property is found in attached Exhibit B.
3. The term is for twelve months, beginning on the 1st of March, AD 2008
("The Effective Date") and ending on February 28, 2009.
4. The total rent is eleven thousand, three hundred forty dollars ($11,340), payable in
12 equal monthly installments of $945. the first payment being due, on the last day
of March 2008 and on the last day of each succeeding month with the last monthly
payment due on last day of February 2009.
5. All payments shall be made promptly in accord with the Florida Local Government
Prompt Payment Act (F.S. 218.70).
6. Utilities to be furnished by the Lessor as Lessor's cost during normal office hours
are electricity for ordinary office use and air-conditioning, water for restroom use,
and sewer. In addition, Lessor shall pay for cleaning of common areas (restrooms,
hallways, elevator, and stairs). Normal office hours are Monday through Friday
(excepting holidays observed by Monroe County) from 8:30 A.M. to 5:00 P.M.
7. Lessee shall be responsible for cleaning its own office area and for disposal of the
solid waste it produces.
8. Use of the premises is restricted to office space for Monroe County.
9. Lessor waives demand for a security deposit from Lessee.
PART TWO
The following express stipulations and conditions are made a part of this lease and are
hereby assented to by the lessee:
FIRST: The lessee shall not assign this lease, nor sub -let the premises, or
any part thereof nor use the same, or any part thereof, nor permit the same, or any part
thereof, to be used for any other purpose than as above stipulated, nor make any
alterations therein, and all additions thereto, without the written consent of the lessor.
Lessor agrees that the right to sublet will not be unreasonably withheld; however, lessor
reserves the right to approve a transfer of the lease and this approval will require a
verification of the sub -lessee's credit. All additions, fixtures or improvements which may
be made by lessee, shall become the property of the lessor and remain upon the
premises as a part thereof, and be surrendered with the premises at the termination of
this lease.
SECOND: All personal property placed or moved in the premises above
described shall be at the risk of the lessee or owner thereof, and lessor shall not be liable
for any damage to said personal property, or to the lessee arising from the bursting or
leaking of water pipes, or from any act of negligence of any co -tenant or occupants of the
building or of any other person whomsoever.
THIRD: That the tenant shall promptly execute and comply with all statutes,
ordinances, rules, orders, regulations and requirements of the Federal, State and City
Government and of any and all their Departments and Bureaus applicable to said
premises, for the correction, prevention, and abatement of nuisances or other grievances,
in, upon, or connected with said premises during said term; and shall also promptly
comply with and execute all rules, orders and regulations of the applicable fire prevention
codes for the prevention of fires..
FOURTH: In the event the premises shall be destroyed or so damaged by fire
2
or other casualty during the life of this agreement, whereby the same shall be rendered
untenantable, then the lessor shall have the right to render said premises tenantable by
repairs within ninety days therefrom. If the damage was caused by this Lessee, whether
through negligence or its act, then rent shall not be abated and Lessee shall be liable for
the damages. If the damage or destruction was not caused by this Lessee, whether
through negligence or his act, then the rent shall be abated during the period of repair. If
said premises are not rendered tenantable within said time, it shall be optional with either
party hereto to cancel this lease, and in the event of such cancellation the rent shall be
paid only to the date of such fire or casualty. The cancellation herein mentioned shall be
evidenced in writing.
FIFTH: The prompt payment of the rent for said premises upon the dates
named, and the faithful observance of this Lease are the conditions upon which the
Lease is made and accepted and, failure on the part of the Lessee to comply with the
terms of said Lease shall, at Lessor's option, work a forfeiture of this contract and of all of
lessee's rights hereunder.
SIXTH: If the lessee shall abandon or vacate said premises before the end
of the term of this lease, or shall suffer the rent to be in arrears, the lessor may, at his
option, forthwith cancel this lease or he may enter said premises as the agent of the
lessee, without being liable in any way therefor, and relet the premises with or without any
furniture and equipment that may be therein, as the agent of the lessee, at such price and
upon such terms and for such duration of time as the lessor may determine, and receive
the rent therefor, applying the same to the payment of the rent due by these presents,
and if the full rental herein provided shall not be realized by lessor over and above the
expenses to lessor in such re -letting, the said lessee shall pay any deficiency, and if more
than the full rental is realized lessor will pay over to said lessee the excess on demand.
SEVENTH: Lessee agrees to pay the cost of collection and ten percent
attorney's fee on any part of said rental that may be collected by suit or by attorney, after
the same is past due.
EIGHTH: The lessor, or any of his agents, upon twenty-four (24) hours notice,
shall have the right to enter said premises during all reasonable hours, to examine the
same to make such repairs, additions or alterations as may be deemed necessary for the
safety, comfort, or preservation thereof, or of said building, or to exhibit said premises,
and to put or keep upon the doors or windows thereof a notice "FOR RENT" at any time
within thirty (30) days before the expiration of this lease. The right of entry shall likewise
exist for the purpose of removing placards, signs, fixtures, alterations, or additions, which
do not conform to this agreement or to the rules and regulations of the building.
NINTH: Lessee hereby accepts the premises in the condition that they are in
at the beginning of this lease and agrees to maintain said premises in the same condition,
order and repair as they are at the commencement of said term, excepting only
reasonable wear and tear arising from the use thereof under this agreement, and to make
good to said lessor immediately upon demand, any damage to water apparatus, or
electric lights or any fixture, appliances or appurtenances of said premises, or of the
building, caused by any act or neglect of lessee, or of any person or persons in the
3
employ or under the control of the lessee.
TENTH: It is expressly agreed and understood by and between the parties to this
agreement, that the landlord shall not be liable for any damage or injury by water, which
may be sustained by the said tenant or other person or for any other damage or injury
resulting from the carelessness, negligence, or improper conduct on the part of any other
tenant or agents, or employees, or by reason of the breakage, leakage, or obstruction of
the water, sewer or soil pipes, or other leakage in or about the said building. However,
Lessor holds Lessee harmless for any damage to the premises by reason of blockage of
sewer or public water.
ELEVENTH: This contract shall bind the lessor and its assigns or successors,
and the heirs, assigns, personal representatives, or successors as the case may be, of
the lessee.
TWELFTH: It is understood and agreed between the parties hereto that time is
of the essence of this contract and this applies to all terms and conditions contained
herein.
THIRTEENTH: Any notice required or permitted under this agreement shall be in
writing and hand delivered or mailed, postage prepaid, to the other party by certified mail,
returned receipt requested, to the following:
FOR COUNTY:
Contract Monitor, Facilities Maintenance and County Attorney
3583 South Roosevelt Blvd. P.O. Box 1026
Key West, FL 33040 Key West, FL 33040
FOR LESSOR:
Independent Mortgage & Finance
600 Whitehead Street, Suite 203
Key West, FL 33040
FOURTEENTH: The rights of the lessor under the foregoing shall be cumulative,
and failure on the part of the lessor to exercise promptly any rights given hereunder shall
not operate to forfeit any of the said rights.
FIFTEENTH: f# is further understood and agreed between the parties hereto that
any charges against the lease by the lessor for services or for work done on the premises
by order of the lessee or otherwise accruing under this contract shall be considered as
rent due and shag be included in any lien for rent due and unpaid.
SIXTEENTH: It is understood and agreed that any signs or advertising to be used,
including awnings, in connection with the premises leased hereunder shall be first
submitted to the lessor for approval and further approved by H.A.R.C. before installation
of same. Further, any improvements to said premises by the lessee shall be at lessee's
expense and shall be first submitted to the lessor for approval.
SEVENTEENTH: RADON GAS NOTIFICATION: Radon is a naturally occurring
radioactive gas that, when it has accumulated in a building in suffrc lent quantlties, may
present health risks to person's health who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from your
a
county public health unit.
EIGHTEENTH: LESSOR'S REMEDIES ON DEFAULT. If lessee defaults in the
payment of rent, or any additional rent, or defaults in the performance of any of the other
covenants or conditions of this agreement, lessor may give lessee notice of such default
and If lessee does not cure any rent, or additional rent, default within fifteen (15) days,
after the giving of such notice (or if such other default is of such nature that it cannot be
completely cured with such period, if lessee does not commence such during within such
fifteen (15) days and thereafter proceed with reasonable diligence and in good faith cure
such default), then lessor may terminate this lease on not less than ten days' notice to
lessee and the lessee shall have the option to remove all equipment, tables and furniture.
NINETEENTH: SUBORDINATION OF LEASE. This lease shall be subject and
subordinate to all underlying leases and to mortgages and bud deeds which may now or
hereafter affect such leases on the real property of which the premises form a part, and
also to all renewals, modifications, consolidations, and replacements of the underlying
leases and the mortgage and trust deeds. Further, Lessee acknowledges that this Unit
205 (along with all other units in the property) is being converted into the JACKSON
SQUARE COURTHOUSE CONDOMINIUM. Lessee Irrevocably names Lessor its
attorney -in -fact for the execution of any subordination and attomment agreements;
however, if requested by owner or lender, Lessee pledges to execute any additional
documents provided such documents maintain his right of non -disturbance during the
term of the Lease as long as Lessee is not in default.
TWENTIENTH: ETHICS CLAUSE. Lessor (entity) warrants that it had not
employed, retained or otherwise had act on its behalf any former County officer or
employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any other
County officer or employee in violation of Section 3 or Ordinance No. 020-1990. For
breach or violation of this provision the County may, in its discretion, terminate this
contract without liability and may also, in its discretion, deduct from the contract or
purchase price, or otherwise recover the full amount of any fee, commission, percentage,
gift, or consideration paid to the former County officer or employee.
TWENTY-FIRST: PUBLIC ENTITY CRIME STATEMENT. "A person or affiliate
who has been placed on the convicted vendor list following a conviction for public entity
crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of neat property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold mount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from to date of being placed on the
convicted vendor list."
TWENTY-SECOND: The obligations of the Lessee under this Lease
Agreement are subject to the availability of funds lawfully appropriated annually for its
purposes by the Monroe County Board of County Commissioners.
5
IN WITNESS WHEREOF, the parties have executed this instrument.
(Seal)
Attest:
"Seal"
Attest:
Danny L. Kolhage, Clerk
INDEPENDENT MORTGAGE AND
FINANCE CO., INC.
B G Carter, Managing Director
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
r
ECOUNTY ORN Y
PRO ED AS `
/J�
�E6i�0 J M GAD
ASSISTANT COU Y ATTORNEY
Date
719
b y
JJ' I'NI I[. JJUJ _FI4 JJU4 I A I G IIII `ICJ UU:
JACKSON SQUARE
COURTHOUSE
2ND FLOOR PLAN
)�x h 14 It 4
WHITEHEAD STREET
e 9.25 6.80 S M 16.46' c , 3.90'
r In
I m 3'
.35' 1.94' 0.35' p UNIT
UNIT 8 o UNIT, a 2UNIT
UNIT03 0 °° 2046
201 202 00
W O44LAJ '
9,60'8. 10 ri 0 13.90'
i— 18.69' 0 11.90' N IUD NIT
N o 204A
C-) 7 1
a--,CE Q 1190'
I—
D
0 33.00' n UNIT b
cn N 205
UNIT
206
29.70'
A
belcomy
NOTE: DIMENSIONS = e- SHEET 7 OF 14
Jackson Square Courthouse
600 Whitehead Street Key West FL. 33040 FREDERICK H. HILDEBRANDT
CONDOMINIUM SURVEY 05-146 ENGINEER PLANNER SURVEYOR
acme 1% 10. a Fl..s ►" Ne. �,M 01ti W cxc
ol" Y23lOS 1 �2 d-11 ram. n.. Slime 3or»m+sae D&-e
AM00t4 r MCOOR Auoma+a Key West, Fl. 33040
(305) 293-0466
Fax. (305)293.0237
oe,..+.o.�q...taodl �eaoo.I,Aaw.a n.el