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Item D10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 21. 2007 Division: Public Works Bulk Item: Yes -L No Department: Facilities Maintenance Staff Contact PersonlPhone#: John W. King/292- 4431 AGENDA ITEM WORDING: Approval to enter into a Lease Agreement with Independent Mortgage and Finance Company, Inc., for the 16th Judicial Circuit's Mediation Program office space, Unit 201. ITEM BACKGROUND: On February 28, 2007, the current business lease with Independent Mortgage and Finance Company, Inc. for Unit 204-A will end. PREVIOUS RELEVANT BOCC ACTION: On February 15, 2006, the BOCC approved current lease with Independent Mortgage and Finance Company, Inc. for unit 204-A. CONTRACT/AGREEMENT CHANGES: New agreement for new larger unit 201 with rent at $900.00 per month or $10,800.00 year. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $1O.800/yr. or $900.00/mo. BUDGETED: Yes -L No COST TO COUNTY: same SOURCE OF FUNDS: Misc. Special Revenue REVENUE PRODUCING: Yes Noll AMOUNT PER Month Year APPROVED BY: County Arty ~ OMB/Purchasing Risk Management_ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # MEMORANDUM DATE: February 12, 2007 TO: Dent Pierce, Division Director Public Works John W. King, Sr. Direct~ /J 1 ( Lower Keys Operations 7 ~ t - FROM: RE: Agenda Item - February 21,2007 BOCC Meeting Business Lease for 16th Judicial Circuit's Mediation Program - Independent Mortgage and Finance Co., Inc. 600 Whitehead Street, Key West, Unit 201 The 16th Judicial Circuit's Mediation Program has been leasing space at 600 Whitehead Street, Key West. On February 28, 2007, 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 and have been advised by Independent Mortgage and Finance Co., Inc. that a larger space #201 is now available. Upon termination of the present lease on February 28,2007, the Mediation office would like to enter into a lease for space #201 commencing on March 1,2007 and ending on February 29,2008. This new lease does have a rent increase to $900 per month or $10,800 per year, but there would have been an increase for the current space had the Mediation Program stayed where they are. I hereby request approval this business lease with Independent Mortgage and Finance Co., Inc. providing office space for the 16th Judicial Circuit's Mediation Program. JWKjjbw Enclosures MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Independent Mortgage Contract #_ and Finance Co., Inc Effective Date: March I, 2007 Expiration Date: February 28,2008 Contract Purpose/Description: Office space for the 16th 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 2/21/07 Agenda Deadline: 2/06/07 CONTRACTCO~S V ~vrrNv ~,y ~.l Total Dollar Value of Contract: $ ICBoo.ooJ'f (SlITent Year Portion: $ _~,.3)D, <b O'~ Budgeted? Yes[g] No 0 Account Codes: 158-82010-530440-_-_ Grant: $ _-_-_-_-_ County Match: $ _-_-_-_-_ - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) e . maintenance, utilities, . anitorial, salaries, etc. CONTRACT REVIEW Changes Dfe ~ Needed..--./ Division Director 12- I Z '07 YesO Nol0'm RiSkMTe~t a-vD7 YesONoIT . ' O.M.B./Porc~ing JdJ.?lOq..YesONoGt ~~~ County Attorney b/lz#a- YesO Nor;;:Y Jf~) 0..4.0 tJ Date Out Comments: OMB Form Revised 2/27/01 MCP #2 BUSINESS LEASE This Agreement, entered into this 12th day of February, 2007, 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: 1. 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 teon is for twelve months, beginning on the 1 st of March, AD 2007 ("The Effective Date") and ending on February 29,2008. 4. The total rent is ten thousand, eight hundred dollars ($10,800), payable in 12 equal monthly installments of $900. the first payment being due, on the last day of March 2007 and on the last day of each SUcceeding month with the last monthly payment due on last day of February 2008. 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 fumished 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 AM. 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 aU 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 t 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-Ietting, 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 attomey's fee on any part of said rental that may be collected by suit or by attomey, 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 fOf 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: It is understood and agreed between the parties hereto that written notice by certified mail Of hand-delivered to the premises leased hereunder shall constitute sufficient notice to the lessee and written notice by certified mail or hand- delivered to the office of the lessor shall constitute sufficient notice to the lessor, to comply with the terms of this contract; however, lessor also shall deliver or mail by certified US Mail notice to Contract Monitor, Facilities Maintenance at 3583 South Roosevelt Blvd., 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 hefeunder shall not operate to forfeit any of the said rights. FIFTEENTH: It 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 shall 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.AR.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 sufficient quantities, 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 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 4 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 fumiture. NINETEENTH: SUBORDINATION OF LEASE. This lease shall be subject and subordinate to all underlying leases and to mortgages and trust 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 attomey-in-fact for the execution of any subordination and attornment 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. TWENTlENTH: 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 Of 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 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 tfansact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the 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. Attest: ~:m~ "Seal" Attest: Danny L. Kolhage, Clerk & LESSOR INDEPENDENT MORTGAGE AND FINANCE CO., INC. /'J /J Cd:;;- S G Carter, Managing Director TENAf-jT BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA MONROE COUNTY ATTORNEY PROVED AS T,,9 FORM: f. Ii) C/. NATILEENE W. CASSEL ASSISTANT 7,OUNTY ATTORNEY Date .i./''2 07 1 I lJ ~. U': U ,J t" I I:.. J I I r\.I. J lJ ,J .: \1.:1 ,) J ;; 4 I A I 6< Illl 'l'J Uv': ~ JACKSON SQUARE COURTHOUSE 2ND FLOOR PLAN Ex hi b /t" 4 WHITEHEAD STREET o 9.25 6.60. g 16.46' (:, 1~.90' l'- 8 . f.O .0 .&0 3' CD , .35' 1.94' UNIT 0 UNIT * ~ UNIT. . UNIT 2048 a:i ~ 0 201 C'l N 202 ~ ~ 203 1'1 f- ..t ... &0 W 13.90' W 13.90' 0::: f- UNIT 0 if) N 204A c:i 0 r'1 0::: co CE III <t - I f- :::) 0 33.00' It) UNIT 1'1 "'" if) N 205 0 N 0 UNIT co a:l ".; 206 ....; ~ 29.70' boleony NOTE: DIMENSIONS :. 6"' Jackson Square Courthouse 600 VYhltehead Street Key West FL. 33040 CONDOMINIUM SURVEY SHEET 7 OF 1~ 05-146 FREDERICK H. HILDEBRANDT ENGINEER PlJINNER SURVEYOR Scele'--'O" Cat. 3/23iO$ Oooft.... t:.M.C __e-... J1S2 _ DtM $uile :101 Key West, FI. 330040 (305) 293.{).46{) Fax. (30$) 293-0237 C'4~~ >>tIOO~..... JACKSON SQUARE COURTHOUSE LEGAL DESCRIPTION Iii ~jb;t- 13 On the Island of Key West, Monroe County. Florida. and known on the map of said City of Key West, delineated in F"~bf"U(Jry. A.D.. 1829, by William A. Whitehe.ad os Part of Lot Number Two (2). in Square Number Sixty-Three (63) and more particularly described os commencing at th~ Southerly corner of SQvthQrd Street ond Whiteheod Street, and running thence Southeasterly along the Southwesterly side of Whitehead Street Fifty (50) feet; thence at rigrt angles in 0 Southwesterly direction Slxty~wo (62) feet; thenco at right angles in 0 'Northwesterly direction Fifty (SO) f~t to the Southeast&rly side of Southard Street; thence running Northeasterly along the said Southeasterly side of Southard Street S;)(ty- Two (62) feet to the Place of B~inning. LESS On the Island of i<ey West, Monr~ Coi,mty. Florida, and known on the mop a{ said City of Key West, delineated in february, A.D., 1829, by William A. Whitehead as Port of Lot 2. in Square 63 and more particularly described as commencing ot the Southerly comer of Southord Street l:Ind Whitehead Street. and running thence SoutheQsterly olong the Southwesterly side of Whih:head Street 50 feet; thence at right ongles in a Southwesterly direction 61 feet to the Point of Beginning of the parcel hereinafter described; thence continue Southeasterly one foot; thence at right angles in a Northwesterly direction F'ifty (50) feet to the Southe<P.lterly side of Southard Street; thence running Northeasterly along the said Southeosterly side 'of Southard Street one foot; then<;e Qt r\9nt Qn<1les in a Southeasterly direction 50 feet to the Point of Beginnin9. Subject to on eosement for in9NlSS and e9Nlss along the Westerly side of said property described os follows: On the Island of Key West, Monroe County, florido. and known on .the mop of .said City of Key West, delineated In february, A.D., 182.9 by WIlliam A. Wliltehead as Part of lot 2. in Square 63. and more porticu/arly described as C<lmmencing at the Southerly corner of Southard Street and Whitehead Street, ond running th~n<;l: Southeosterly along the Southwesterly side of Whitehead Street 50 feet; thence at right ongles in 0 Southwesterly dif-ectioh 61.0 feet; thence at right angles in 0 Northwesterly direction 6.0 feet to tho Point of B~inning; thenoe continue Northwesterly on the Westerly boundary line af said pro~ro- Q distQnce of 44.0 feet to a point on the Southerly right of woy of Southard Street; thence ot right angles in a Northeasterly direction on the Southerly right of way of Southard Street a distance of 5.3 feet; thence ot right angles in 0 Southeasterly direction along the Westerly fa~~ of Q two-story building 0 distance 0(44.0 feet: thence at right angle$ in a Southwesterly direction a distance of 5.3 feet bock to the Point ot Beginning. SHEET 13 OF 1<4 Jackson Square Courthouse . 600 \^h)itehead Street Key West FL 33040 CONDOMINIUM SURVEY Dwg. No. 05-146 FREDERICK H. HILDEBRANDT I I , SOIIoo,.., 0' 08M~ ENGINEER F'tANNER ~ I ..... 1-........ 1m... 1 1S~-3-11 1-__ ~ ~ NOXlR-'OOm()NS 0-.'" CJot.C ..... Qo.,. . ) 1 ~ Notttl&ld<l on...e Suite 201 Key 1iVM~ Ft 33040 (:}Q51 ?9~6G Fax (3OS) 2'9~7 I ,. ~.....~~~.....