Item C17BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 16, 2007 Division: Public Works
Bulk Item: Yes X No J Department: Facilities Maintenance
Staff Contact Person:John W. Kin ext 4431
AGENDA ITEM WORDING: Approval to execute a new Lease Agreement with F. James
Chaplin, D/B/A Island Marina, Inc. for office space in Marathon for the State Attorney and
Public Defender.
ITEM BACKGROUND: On June 30, 2007, the current Lease Agreement with F. James
Chaplin to lease 3600 square feet of office space for the State Attorney and Public Defender will
expire. The Lessees wish to execute a new Lease for five years with an additional five-year
period option.
PREVIOUS RELEVANT BOCC ACTION: On June 10, 1998, the BOCC approved a Lease
Agreement with James Chaplin for 3600 square feet of office space in Marathon for the State
Attorney and Public Defender. This lease provided for two renewal options the second of which
will expire on June 30, 2007.
CONTRACT/AGREEMENT CHANGES: New lease agreement with F. James Chaplin,
D/B/A Island Marina, Inc.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $77,506.20
COST TO COUNTY:_$77,506.20
BUDGETED: Yes X No
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management
DOCUMENTATION:
DISPOSITION:
Revised 2/05
Included X Not Required.
AGENDA ITEM #
M E M O R A N D U M
DATE: April 30, 2007
TO: Dent Pierce, Division Director
Public Works
FROM: John W. King, Sr. Director
Lower Keys Operations
RE: Agenda Item — May 16, 2007 BOCC Meeting
New Lease Agreement — State Attorney and Public
Defender -Marathon
On June 30, 2007, the current lease agreement with F. James Chaplin will expire with no
additional options to renew. The tenants, State Attorney and Public Defender, wish to
remain at this location in Marathon. Mr. Chaplin has agreed and he has submitted his
terms for a new lease, i.e., initially a five-year term with one five-year option to renew, and
a 10% increase in rent due to higher insurance and taxes. Both the State Attorney and the
Public Defender have agreed to the terms and a new lease has been prepared.
JWKJjbw
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: F. James Chaplin
Contract #
Effective Date:
July 1, 2007
Expiration Date:
June 30, 2012
Contract Purpose/Description:
To lease 3600 square feet of offices
ace in Marathon for the State Attorney and
Public Defender.
Contract Manager: Jo B. Walters
4549
Facilities Maint/Stop #4
(Name)
(Ext.)
(Department/Stop #)
for BOCC meeting on 05/16/07
Agenda Deadline: 05/01/07
CONTRACT COSTS
Total Dollar Value of Contract: $ 77,506.20 Current Year Portion: $ 19,376.55
Budgeted? Yes® No ❑ Account Codes: 001-69600-530-440-
Grant: $ N/A 001-69800-530-440-
County Match: $ N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Dptq In Needed
Division Director S9 Yes❑ NoF
Risk Manag nent� Yes❑ NoPI
pit,-
C, 4�
O.M.B./Purchasing S-9 -b? Yes❑ No[;3
County Attorney i*_?v7 Yes[ZNOF-1
R Pvi P�ur+r
Date Out
S
Comments: �a��ti XV 11.1
X be
1 S� o
OMB Form Revised 2/27/01 MCP #2 9
DIP V
__0 1
LEASE AGREEMENT
This Lease Agreement entered into this day of . 2007, between
F. JAMES CHAPLIN, d/b/a ISLAND MARINA, INC., party of the first part, hereinafter called the
Lessor, and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
party of the second part, hereinafter called the Lessee.
WITNES SETH:
That the Lessor, for and in consideration of the covenants and agreements hereinafter
mentioned to be kept and performed by the Lessee, has demised and leased to the Lessee, for the
term and under the conditions hereinafter set out, those certain premises in Marathon, County of
Monroe, Florida, described as follows:
I. LEASE LOCATI
4695 Overseas Highway, Marathon, Florida, which shall constitute an aggregate area of 3,600
square feet of net rentable space, at the rate of $21.53 per square foot per year, $6,458.85 per
month, $77,506.20 per year; including property boundaries of 122' x 200', as further described in
the survey conducted by Phillips & Trice Surveying, Inc. (Exhibit A), attached hereto and
incorporated as part of this lease document.
II. RENTALS:
The Lessor hereby leases to the Lessee 3,600 square feet and the Lessee hereby leases from the
Lessor the above -described premises for the term set out in this Lease. Lessee hereby agrees to pay
the Lessor the sum of Seventy-seven thousand five hundred six and 20/100 ($77,506.20) annually.
The lease amount agreed to herein may be adjusted annually in accordance with the percentage
change in the Consumer Price Index (CPI-U), National Index for Wage Earners and Clerical
Workers, and shall be based upon the CPI-U computation from January 1 through December 31 of
the previous year. Rent shall be due and payable on or before the last day of each month, in
arrears.
The rental shall be paid to the Lessor and mailed to James Chaplin, Chaplin Real Estate, 5190
Overseas Highway, Marathon, Florida 33050, prior to the last day of the month.
III. TERM:
To have and to hold the above -described premises for a term of five years commencing on July 1,
2007, up to and including June 31, 2012.
IV. RENEWAL
This agreement may be renewed, at the option of the Lessee, for one (1) additional five (5) year
period. This option shall be executed only upon approval of the Board of County Commissioners.
V. AIR CONDITIONING AND JANITORIAL SERVICES
(1) The Lessor agrees to furnish to the Lessee air conditioning equipment, and shall ensure that
same is operational and functional at the commencement of this lease. Thereafter, the
Lessee shall maintain air conditioning equipment in satisfactory operating condition at all
times for the leased premises during the term of the Lease at the expense of the Lessee.
(2) The Lessee shall provide janitorial services and all necessary janitorial supplies for the
leased premises during the term of the Lease at the expense of the Lessee.
VI. MAINTENANCE AND REPAIRS:
(1) The Lessee shall provide for interior maintenance and repairs in accordance with generally
accepted good practices, including repainting, the replacement of worn or damaged floor
covering and repairs or replacement of interior equipment as may be necessary due to
normal usage. The Lessee shall, during the term of this Lease, keep the interior of the
demised premises in as good a state of repair as it is at the time of the commencement of
this Lease, reasonable wear and tear and unavoidable casualties excepted.
(2) The Lessor shall maintain and keep in repair the exterior of the demised premises during
the term of this Lease, and shall be responsible for the replacement of all windows broken
or damaged in the demised premises, except such breakage or damage caused to the
exterior of the demised premises by the Lessee, its officers, agents, or employees.
(3) The Lessor shall maintain the exterior of the demised premises so as to conform to all
applicable health and safety laws, ordinances, and codes which are presently in effect and
which may subsequently be enacted during the term of this Lease and any renewal periods.
(4) The Lessor shall provide appropriate entranceways to the structure to accommodate space
allocation for government entities occupying the space, inclusive of ingress and egress, at
the expense of the Lessor.
VII. UTILITIES:
The Lessee will promptly pay all solid waste, power, and electric light rates or charges which may
become payable during the term of this Lease for solid waste disposal, power, and electricity used
by the Lessee on the premises.
VIII. ALTERATIONS:
The Lessee shall have the right to make any alterations to the demised premises during the term of
this Lease upon first having obtained the written consent thereto of the Lessor. The Lessor shall
not capriciously withhold the consent to any such alterations.
IX. FIRE AND OTHER HAZARDS:
(1) In the event that the demised premises, or the major part thereof are destroyed by fire,
lightening, storm, or other casualty, the Lessor at its option may forthwith repair the
damage to such demised premises at its own cost and expense. The rental thereon shall
cease until the completion of such repairs and the Lessor will immediately refund the pro
rata part of any rentals paid in advance by the Lessee prior to such destruction. Should the
premises be only partly destroyed, so that the major part thereof is usable by the Lessee,
then the rental shall abate to the extent that the injured or damaged part bears to the whole
of such premises and such injury or damage shall be restored by the Lessor as speedily as
is practicable and upon the completion of such repairs, the full rental shall commence and
the Lease shall then continue the balance of the term.
(2) The Lessor shall provide for fire protection during the term of this Lease in accordance
with the fire safety standards of the State and/or Monroe County Fire Marshal. The Lessor
shall be responsible for maintenance and repair of all fire protection equipment necessary
to conform to the requirements of the State and/or County Fire Marshal. The Lessor agrees
that the demised premises shall be available for inspection by the State and/or County Fire
Marshal, prior to occupancy by the Lessee, and at any reasonable time thereafter.
X. EXPIRATION OF TERM:
At the expiration of the term, the Lessee will peaceable yield up to the Lessor the demised premises
in good and tenantable repair. It is understood and agreed between the parties that the Lessee shall
have the right to remove from the premises all personal property of the Lessee and all fixtures,
machinery, equipment, appurtenances, and appliances placed or installed on the premises by it,
provided the Lessee restores the premises to as good a state of repair as they were prior to the
removal.
XI. SUBLETTING AND ASSIGNMENT:
The Lessee upon the obtaining of the written consent of the Lessor, which written consent shall not
capriciously be withheld, shall have the right to sublet all or any part of the demised premises, or to
assign all or any part of the demised premises.
XII. NOT CONSENT TO SUE:
The provisions, terms, or conditions of this Lease shall not be construed as a consent of Monroe
County to be sued because of said leasehold.
XIII. WAIVER OF DEFAULTS:
The waiver by the Lessor of any breach of this Lease by the Lessee shall not be construed as a
waiver of any subsequent breach of any duty or covenant imposed by this Lease.
XIV. RIGHT OF LESSOR TO INSPECT:
The Lessor, at all reasonable times during regular business hours, may enter into and upon the
demised premises for the purpose of viewing the same and for the purpose of making any such
repairs as they are required to make under the terms of this Lease. Repairs shall be limited to non -
business hours unless an emergency situation exists.
XV. BREACH OF COVENANT:
If the Lessee shall neglect or fail to perform or observe any covenant herein contained, which on
the Lessee's part is to be performed and such default shall continue for a period of thirty days after
receipt of written notice thereof from the Lessor to the Lessee, then the Lessor lawfully may,
immediately or any time thereafter, and without further notice or demand, enter into and upon the
demised premises, or any part thereof and repossess the same as of their former estate and expel the
Lessee and remove its effects forcefully, if necessary, without being taken or deemed to be guilty
of any manner of trespass and thereupon this demise shall terminate but without prejudice to any
remedy which might otherwise be used by the Lessor for arrears of rent or for any breach of the
Lessee's covenants herein contained.
XVI. ACKNOWLEDGEMENT OR ASSIGNMENT:
The Lessee upon the request of the Lessor shall execute such acknowledgement or
acknowledgments, or any assignment, or assignments, of rentals and profits made by the Lessor to
any third person, firm or corporation, provided that the Lessor will not make such request unless
required to do so by the Mortgage under a mortgage or mortgages, executed by the Lessor.
XVII. AVAILABILITY OF FUNDS:
Monroe County's performance and obligation to pay under this contract, is contingent
upon an annual appropriation by the BOCC.
XVIII. USE OF PREMISES:
The Lessee will not make or suffer any unlawful, improper or offensive use of the premises or any
use of occupancy thereof contrary to the Laws of the State of Florida or to such Ordinances of
Monroe County now in effect or hereinafter adopted, as may be applicable to the Lessee.
XIX. NOTICES:
All notices required to be served upon the Lessor shall be served by certified mail, return receipt
requested, at Chaplin Real Estate, 5190 Overseas Highway, Marathon, Florida 33050, and all
notices required to be served upon the Lessee shall be served by certified mail, return receipt
requested, at the Division of Public Works, Facilities Maintenance Department, 3583 S. Roosevelt
Boulevard, Key West, Florida, 33040.
XX. RADON GAS NOTIFICATION:
Radon is a naturally occurring gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings. Additional information
regarding radon and radon testing may be obtained from your county public health unit.
XXI. LEASE TERMINATION
This lease may be terminated by the Lessee upon written sixty (60) days notice to the Lessor that
the Lessee has obtained adequate office space in a governmental building.
XXII. ETHICS CLAUSE:
Lessor warrants that it has not employed, retained or otherwise had act on its behalf any former
County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or
any County officer or employee in violation of Section 3 of ordinance No. 020-1990. For breach
or violation of this provision the lessee may, in its discretion, deduct from the contract or purchase
price, or otherwise recover the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
XXIII. AMERICAN WITH DISABILITIES ACT'
The lessor herein expressly agrees to maintain the subject premises in full compliance with the
American Disabilities Act. Further, the lessor shall be liable for any cost or expenditure associated
with said compliance. The lessor shall be fully responsible to restore all rest room facilities to meet
ADA requirements at the expense of the lessor, prior to occupancy.
XXIV. PUBLIC ENTITY CRIME:
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 goods or services to a public
entity, may not submit a bid on a contract with a public entity for construction or repair of a public
building or public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
(CATEGORY TWO: $10,040.00)
)M. ATTORNEY'S FEES, AND COSTS
If any action at law or in equity shall be brought under this lease, or for or on account of any breach
of, or to enforce or interpret any of the covenants, terms, or conditions of this lease, or for the
recovery of possession of the demised premises, the prevailing party shall be entitled to recover
from the other party, reasonable attorneys fees and costs, the amount of which shall be fixed by the
court and shall be made a part of any judgment or decree rendered.
XXVI. GOVERNING LAW AND VENUE:
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State. In the event that any
cause of action or administrative proceeding is instituted for the enforcement or interpretation of
this Agreement, the Lessee and Lessor agree that venue will lie in the appropriate court or before
the appropriate administrative body in Monroe County, Florida. The Lessor and Lessee agree that,
in the event of conflicting interpretations of the terms or a term of this Agreement by or between
any of them the issue shall be submitted to mediation prior to the institution of any other
administrative or legal proceeding.
XXVII. INDEMNIFICATION, HOLD HARMLESS
The Lessor covenants and agrees to indemnify and hold harmless Lessee from any and all claims
for bodily injury (including death), personal injury, and property damage (including property
owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees)
which arise out of, in connection with, or by reason of services provided by the Lessor occasioned
by the negligence, errors, or other wrongful act of omission of the Lessor or its employees, or
agents.
Subject to Section 768.28, Florida Statutes, Lessee shall indemnify and hold harmless Landlord
against and from any and all claims arising from Lessee's use of the premises for the conduct of its
business or from any activity, work, or other thing done, permitted or suffered by the Lessee in the
building.
XXIII. DEFINITION OF TERMS:
(1) The terms "lease", "lease agreement", or "agreement" shall be inclusive of each other and
shall also include any renewals, extensions or modifications of this Lease.
(2) The term "Lessor" and "Lessee" shall include the successors and assigns for the parties
hereto.
(3) The singular shall include the plural and the plural shall include the singular whenever the
context so requires or permits.
XXIX. ADDITIONAL CONDITIONS:
No additional covenants or conditions form a part of this Lease.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the
purpose herein expressed, the day and year above written.
ORIGINAL SIGNATURES REQUIRED ON ALL COPIES.
Signed, Sealed and Delivered
in the presence of
Witnesses
CL��A off- /)'Iyl°7�e
Print Name
Date: 0?
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
LESSOR:
By:
Title: V'400,v41,�—
Print Name
Date: 5 - 3 — O
Mayor MONROE COUNTY ATTORNEY
APPROVED AS
Attest:
ATI EENE W CASSEL
ASSISTANT COUNTY ATTORNEY
Date
Clerk
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CHAPLIN REAL ESTATE TEL:305-743-3194 May 29 98 7302 No.001 P.01
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SPiCIlIC ttNIROtN SWtV:T A?i A NiN_]►�iRC Lv A 122 foot strip of land in
a par a 's eve o e an ee en Township 66 South, pangs 32
fast, being ew Rey Vacs, Monroe County, Florida, and being more particularly
described by Nate* and bornds as follows# BR4111 at the intersection of the
NOrthw*st oerswr Of "MULOJUMM SUSDIV18i0N" as recordod in Plat Book 2, Page
113 of the M110 Racord* of Monte@ County, Florida, and the Southeasterly
right of Way line of U,f, 111911way No. 1, thence South 74• 20' West along the
Southeasterly right of way 1 of U.S. Highway No. 1, 122 feet to a point#
thence South 15 100 am t, 200 faet to a points thence North 74. 20' fast,
122 feet to a points thence North IS• 401 West, 200 feet back to the Point of
Beginning.
VJRVBY FOR# I8L1ND N"INA, INC.
I N><RSBT C "1FT that the Spacifio Purpose Survey delineated hereon meet• or
exceeds the minisa#m technical standards as set forth by the Florida Board of
Land Serveyors, pursuant to potion 472.027 of the Florida Statutes, and that
there are no sucroaohmente, above ground, other than those shown hereon.
1NN ntnnvcr#unr PHILLIPS 6 TRICS SIURVKVING. INC.
VAUD OWAIm 9m 1 .33
nl'rn A RAMW.t# 1p'AI. Q�Ir- I �e 11� 'e
April 17. Its?
Rey Nast. Florida 3oamlce
Pto stonal Surveyor•'
r.16114A Rey. cert. /2110
"Exhibit All