Item C22 C22
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
March 25, 2025
Agenda Item Number: C22
2023-3691
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Willie DeSantis
N/A
AGENDA ITEM WORDING: Approval of a Lease Agreement with the State of Florida Department
of Health, Monroe County Health Department to provide continued office space at the Gato Building,
1100 Simonton Street, Key West, FL. The County leases the space to the Health Dept. at no costs for
the year.
ITEM BACKGROUND:
Since 2009, the Florida Department of Health(DOH) has been leasing office space at the Gato Building
for the purpose of delivering public health related education, chronic diseases prevention, preparation
for emergencies affecting public health, maintenance of vital statistics information and certifications,
administrative support, delivery of clinical services, and environmental testing and inspection
programs. In 2014, the environmental testing and inspection programs offices were relocated to the DJJ
Building on Stock Island, but in 2020, DOH moved those offices back to the Gato and incorporated
those services within its current occupied spaces. On April 20, 2016, the BOCC approved adding
additional square footage and removed certain rooms from the lease, thus changing the square footage
from 1,872.57 to 1,619.73. On June 20, 2018, the BOCC approved an annual lease including office
space, storage, and common areas occupied, but not identified in the previous lease.
The Health Department currently leases a total of 10,115 square feet in the Gato Building with Exhibits
A and B identifying the rooms and square footage per room. The term of this Lease is for a one (1)year
period beginning May 1, 2025, through April 30, 2026. The lease has been satisfactory for both parties
and Florida Department of Health is once again requesting to lease the space at no charge.
PREVIOUS RELEVANT BOCC ACTION:
Approval of annual Lease Agreements since 2009, with the most current Lease having been approved
on April 17, 2024.
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INSURANCE REQUIRED:
Yes
CONTRACT/AGREEMENT CHANGES:
New one-year agreement with a term beginning May 1, 2025, through April 30, 2026, at no cost to the
Department of Health.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FDOH Lease—Gato—Key West legal approved 3.11.2025.pdf
FINANCIAL IMPACT:
Effective Date: May 1, 2025
Expiration Date: April 30, 2026
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: N/A
CPI: No
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No
County Match: No
Insurance Required: Yes
Additional Details: Approval of annual Lease Agreements since 2009 at no charge.
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LEASE AGREEMENT
GATO BUILDING
This Agreement is made and entered into this 16th day of April, 2025, by MONROE
COUNTY, a political subdivision of the State of Florida,whose address is 1100 Simonton Street,
Key West, Florida 33040, ("COUNTY" or the "LESSOR"), and STATE OF FLORIDA,
DEPARTMENT OF HEALTH, MONROE COUNTY HEALTH DEPARTMENT ("TENANT"
or the "LESSEE"), a non-profit corporation incorporated in the State of Florida, whose address is
1100 Simonton Street,Key West,Florida 33040.
WHEREAS,the COUNTY leases premises to other governmental agencies and not-for-
profit organizations serving the County community; and
WHEREAS, the State of Florida, Department of Health, Monroe County Health
Department has requested use of County office space; and
WHEREAS, the State of Florida, Department of Health, Monroe County Health
Department provides essential services to the citizens of Monroe County, and works to improve
the health of the public through preparedness, education, prevention, the delivery of clinical
services, and by conducting environmental inspection and testing programs; and
WHEREAS,the COUNTY owns an office building known as the Gato Building at 1100
Simonton Street,Key West, Florida; and
WHEREAS,the Gato Building has a number of vacant offices due to the reduction of the
County workforce; and
WHEREAS,the COUNTY has determined that it is in the best interests of Monroe County
to lease unused office space at the Gato Building;
NOW, THEREFORE, IN CONSIDERATION of the promises contained herein the
parties agree to the following:
1. PROPERTY. The COUNTY leases to the LESSEE 10,115 square feet of office space,
storage, and common area in the Gato Building,which is shown on Exhibit"A" and Exhibit`B"
hereafter identified as the"Premises." Exhibit"A"-First Floor Gato Building—Floor Plan,Exhibit
"A"- Second Floor Gato Building—Floor Plan, and Exhibit`B"-Rooms with Square Footage, are
attached hereto and made a part of this Agreement.
2. TERM. The term of this Agreement is for a period of one (1) year beginning May 1,
2025, and terminating on April 30, 2026.
3. USE AND CONDITIONS. The premises shall be used solely for the purposes of
delivering State of Florida, Department of Health, Monroe County Health Department services,
including public health related education, chronic disease prevention,preparation for emergencies
affecting public health, maintenance of vital statistics information and certifications,
administrative support, delivery of clinical services, and environmental testing and inspection
programs. If the Premises are used for any other purpose, the COUNTY shall have the option of
immediately terminating this Agreement. LESSEE shall not permit any use of the Premises in any
manner that would obstruct or interfere with any COUNTY functions and duties.
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The LESSEE will further use and occupy said Premises in a careful and proper manner,
and not commit any waste thereon. LESSEE will not cause, or allow to be caused, any nuisance
or objectionable activity of any nature on the Premises. Any activities in any way involving
hazardous materials or substances of any kind whatsoever, either as those terms may be defined
under any State or Federal laws or regulations or as those terms are understood in common usage,
are specifically prohibited. The LESSEE will not use or occupy said Premises for any unlawful
purpose and will, at LESSEE's sole cost and expense, conform to and obey any present or future
ordinance and/or rules, regulations, requirements and orders of governmental authorities or
agencies respecting the use and occupation of said Premises. These covenants of the LESSEE
shall also be binding on the use of the Premises by personnel,volunteers, or clients of LESSEE in
accessing any common areas of the Gato Building.
4. RENT. For the use of the Premises, the LESSEE must pay the COUNTY the sum of$-
0-per year, for 10,115 square feet of office space at$-0-per square foot, which rental sum is due
in monthly installments of$-0-. The COUNTY will invoice the LESSEE each month and these
twelve(12)monthly payments shall be remitted to Monroe County Clerk's Office, 500 Whitehead
Street,Key West, FL 33040. If a warrant in payment of an invoice is not issued within forty(40)
days after receipt of the invoice and receipt, inspection, and approval of the goods and services,
the LESSEE shall pay to the LESSOR, in addition to the amount of the invoice, interest at a rate
established pursuant to Florida Statutes, Section 55.03(1) on the unpaid balance from the
expiration of such forty(40) day period until such time as the warrant is issued to the LESSOR.
a) Additional consideration from each parry:
Electricity, office maintenance, office cleaning, and local phone calls will be provided by
LESSOR at no additional cost to LESSEE,unless the occupation of the Premises has a significant
impact on any of such costs to LESSOR, in which case the parties will either renegotiate the
consideration or mutually terminate this agreement. LESSEE shall be entitled to use the common
areas of the Gato Building, such as bathrooms, lobby, and other common areas incidental to the
purpose of their occupancy of the Premises, including use of conference rooms.
5. TAXES. The LESSEE must pay all taxes and assessments,including any sales or use tax,
levied by any government agency with respect to the LESSEE's operations on the Premises. If at
any time after any tax or assessment has become due or payable, the LESSEE, or its legal
representative, neglects to pay the tax or assessment, LESSOR shall be entitled to pay the tax or
assessment at any time after that and the amount paid by LESSOR shall be deemed to be additional
rent for the leased Premises, due and payable by the LESSEE.
6. INSURANCE. The Department of Health, State of Florida, provides General Liability
Coverage for Monroe County Health Department Operations through the Division of Risk
Management and the State Risk Management Trust Fund. Florida Statutes, Chapter 284 and
Section 768.28(16)authorize the State to administer a self-insurance program and Florida Statutes,
Section 768.28(5) currently sets the general liability coverage limits as follows: $200,000 each
person; $300,000 each occurrence.
LESSEE and/or State of Florida, Department of Health shall reimburse LESSOR for its
pro rata share of insurance costs for certain vehicles owned by the COUNTY,but fully utilized by
LESSEE in its operations, and its proportionate share of building insurances as set forth in the
Contract between Monroe County Board of County Commissioners and State of Florida
Department of Health for Operation of the Monroe County Health Department Contract Year
2024-2025 ("Core Contract"), as more specifically set forth in Addendum I to the Core Contract.
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7. i:ONDITIGN OF PREMISES.ISES. The LESSEE must keep the Premises in good order and
condition. The LESSEE must promptly repair damage to the Premises. At the end of the term of
this Agreement,the LESSEE must surrender the Premises to the COUNTY in the same good order
and condition as the Premises were on the commencement of the term, normal wear and tear
excepted. The LESSEE is solely responsible for any improvements to land and appurtenances
placed on the Premises.
8. I'MPROVEMENTS.No structure or improvements of any kind shall be placed upon the
land without prior approval in writing by the County Administrator, a building permit issued by
the COUNTY and any other agency, federal or state, as required by law. Any such structure or
improvements shall be constructed in a good and workmanlike manner at LESSEE's sole cost and
expense. Subject to any landlord's lien, any structures or improvements constructed by LESSEE
shall be removed by the LESSEE at LESSEE's sole cost and expense,by midnight on the day of
termination of this Agreement or extension hereof, and the land restored as nearly as practical to
its condition at the time this agreement is executed unless the Board of County Commissioners
accepts in writing delivery of the Premises together with any structures or improvements
constructed by LESSEE. Portable or temporary advertising signs are prohibited.
LESSEE shall perform,at the sole expense of LESSEE,all work required in the preparation
of the property or premises hereby leased for occupancy by LESSEE; and LESSEE does hereby
accept the leased property or premises as now being in fit and tenantable condition for all purposes
of LESSEE.
COUNTY reserves the right to inspect the leased area and to require whatever adjustment
to structures or improvements as COUNTY, in its sole discretion, deems necessary. Any
adjustments shall be done at LESSEE's sole costs and expense. Any building permits sought by
LESSEE shall be subject to permit fees at LESSEE's sole cost and expense.
9. INDEMN FICA'FILON/HOLI BARML:ESS. The parties to this Lease Agreement
stipulate that each is a state governmental agency as defined by Florida Statutes and represents to
the other that it has purchased suitable Commercial General Liability, Business Automobile
Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to
respond to any and all claims within the limitations of Sections 768.28 and Chapter 440, Florida
Statutes, arising out of the activities governed by this Lease Agreement.
As between the governmental entity parties to this Lease Agreement, each parry is
responsible for any negligent acts or omissions on the part of its own employees, agents,
contractors,and subcontractors and shall defend,indemnify and hold the other governmental entity
party harmless from claims arising out of such negligent acts or omissions, and agrees to be liable
to the statutory limits for any damages proximately caused by said acts or omissions,or intentional
tortious acts.
The governmental entity parties to this agreement stipulate that the agreement does not
contain any provision that requires one party to indemnify or insure the other party for the other
parry's negligence or to assume any liability for the other party's negligence. The governmental
entities are prohibited from entering into agreements to indemnify another agency or subdivision
of the state for the other entity's negligence or to assume any liability for the other entity's
negligence.
Nothing contained in this Section shall be construed to be a waiver by either party of any
protections under sovereign immunity, Section 768.28, Florida Statutes, or any other similar
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provision of law.Nothing contained herein shall be construed to be a consent by either party to be
sued by third parties or to be liable to third parties in any matter arising out of this or any other
Agreement.
The COUNTY and the other governmental agency do not get named as an additional
insured on each other's policies.
10. NON-DISCRIMINATION. LESSOR and LESSEE agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Lease Agreement
automatically terminates without any further action on the part of any party, effective the date of
the court order. LESSOR and LESSEE agree to comply with all Federal and Florida statutes, and
all local ordinances, as applicable,relating to nondiscrimination. These include but are not limited
to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in
employment on the basis of race, color, religion, sex, 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 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 disability; 4) The Age
Discrimination Act of 1975, as amended(42 USC ss. 6101- 6107)which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended,relating to nondiscrimination on the basis of drug abuse;6)The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as
amended,relating to nondiscrimination on the basis of alcohol 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 §§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 §§ 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 II,which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11)Any other nondiscrimination provisions in any Federal
or State statutes which may apply to the parties to, or the subject matter of,this Lease Agreement.
11. TERMINATION. This Agreement may be terminated with cause at the discretion of the
COUNTY in the following circumstances:
a) LESSEE fails to pay the rent when due;
b) LESSEE fails to obtain the insurance required under this Lease or allows the
required insurance coverage to lapse or fall below the minimum required; or
c) LESSEE otherwise breaches the terms of this Lease.
Unless the COUNTY has accepted in writing a delay in performance of duties, the failure
to perform said duties shall constitute a default under the terms of this agreement. In the case of
default/breach, the COUNTY shall first give LESSEE a written notification stating the
default/breach and that LESSEE has ten(10)days to correct the default/breach.If the LESSEE has
not commenced correction of the default/breach at the end of the ten(10)days,then the COUNTY
may terminate the Lease in its discretion. If it shall be necessary to employ the services of an
attorney in order to enforce its rights under this Agreement, the COUNTY shall be entitled to
reasonable attorney's fees.Waiver of a default in any particular month shall not bind the COUNTY
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to forego the provisions of this paragraph and any subsequent default shall be grounds for
termination. The COUNTY may in its discretion treat the LESSEE in default and terminate this
Agreement immediately, without prior notice, upon failure of LESSEE to comply with any
provision of this Agreement.LESSEE may terminate this Agreement upon giving thirty(30)days'
prior written notice to COUNTY.
COUNTY may terminate this Agreement without cause by providing LESSEE with written
notice of termination at least sixty(60) days prior to the date of termination.
12. DEFAULT. LESSOR'S right to repossess, operate, or sublease: If the rental reserved by
this Lease or other charges to be paid under this Lease by LESSEE, or any part of this Lease, are
not paid when due and remain unpaid for a period of ten (10) days after notice in writing, or if
LESSEE fails to promptly perform any covenant, condition, or agreement by it to be performed
under this Lease and such failure shall continue for a period of ten(10)days after notice in writing
specifying the nature of such failure,or if LESSEE abandons the demised Premises,or if LESSEE
breaches any obligation under this Lease to be performed by it which cannot be cured, then, and
in any such event, LESSEE shall be deemed to be in default and LESSOR,without further notice
may at its option take possession of the leased Premises, including all improvements and fixtures
and equipment located at, in or about the Premises.
By legal proceedings, LESSOR shall take, operate, or sublease the Premises, in whole or
in part, for the account of the LESSEE as the LESSOR in good faith may deem proper, for a term
not exceeding the unexpired period of the full term of this Lease. LESSOR shall receive all
proceeds and rent accruing from such operation or subleasing of the leased Premises or fixtures
and equipment. LESSOR shall apply these proceeds first,to the payment of all costs and expenses
incurred by the LESSOR in obtaining the possession of, and the operation or subleasing of the
Premises or fixtures and equipment, including reasonable attorney's fees, commissions, and
collection fees,and any alteration or repairs reasonably necessary to enable the LESSOR to operate
or sublease the Premises or fixtures and equipment;and second,to the payment of all such amounts
as may be due or become payable under the provisions of this Lease. The remaining balance, if
any, given by the LESSOR to the LESSEE, shall be paid over to the LESSEE at the expiration of
the full term of this Lease or on the sooner termination of the Lease by written notice of
termination.
Repossession or subleasing not a termination; LESSOR'S right to terminate not forfeited:
No repossession, operation, or subleasing of the Premises or of fixtures and equipment shall be
construed as an election by the LESSOR to terminate this Lease unless a written notice of such
intention is given by the LESSOR to the LESSEE. Notwithstanding any such operation or
subleasing without termination of this Lease, the LESSOR may at any time after that elect to
terminate the Lease in the event that the LESSEE remains in default under this Lease.
LESSEE'S obligation to pay deficiencies: In the event the proceeds of rentals received by
the LESSOR under the provisions of this Section are insufficient to pay all costs and expenses and
all amounts due and becoming due under this Lease, the LESSEE shall pay to the LESSOR on
demand such deficiency as may occur or exist.
LESSOR'S right to terminate Lease: In the event of LESSEE'S default, LESSOR may, at
its option without further notice,terminate this Lease and all interest of LESSEE under this Lease,
and may then take possession of the leased Premises by legal proceedings.
LESSOR'S right on termination to recover amount equal to rent reserved: If this Lease is
terminated by the LESSOR by reason of any default by LESSEE, LESSOR shall be entitled to
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recover from the LESSEE, at the time of such termination the excess,if any, of the amount of rent
reserved in this Lease for the balance of the term of the Lease.
LESSOR'S remedies are cumulative: Each and all of the remedies given to the LESSOR
in this Lease or by law are cumulative, and the exercise of one right of remedy shall not impair its
right to exercise any other right or remedy.
13. DEFAULT-WAIVER. The waiver by the LESSEE or the COUNTY of an act or omission
that constitutes a default of an obligation under this Agreement does not waive another default of
that or any other obligation.
14. ASSIGNMENT. The LESSEE may not assign this Agreement or assign or subcontract
any of its obligations under this Agreement without the approval of the COUNTY's Board of
County Commissioners. All the obligations of this Agreement will extend to and bind the legal
representatives, successors, and assigns of the LESSEE and the COUNTY.
15. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the
United States,the State of Florida,and the COUNTY,whether in effect on commencement of this
Lease or adopted after that date.
16. GOVERNING LAWSNENUE. This Agreement is governed by the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or interpretation
of this Lease Agreement, the LESSOR and LESSEE 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 Lease
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.
17. MUTUAL REVIEW. This Agreement has been carefully reviewed by the LESSEE and
the COUNTY. Therefore, this Agreement is not to be construed against either parry on the basis
of authorship.
18. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by
certified mail to the following:
COUNTY LESSEE
County Administrator Monroe County Health Department
Christine Hurley Carla Fry, Administrator
1100 Simonton Street 1100 Simonton Street
Key West,FL 33040 Key West,FL 33040
And
County Attorney
Monroe County
1111 12t'Street
Suite 408
Key West,FL 33040
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19. RELATIONSHIP OF PARTIES. LESSEE is, and shall be, in the performance of all
works,services,and activities under this Agreement,an independent agency,and not an employee,
agent,or servant of the COUNTY. LESSEE shall exercise control,direction,and supervision over
the personnel and volunteers who use the Premises. LESSEE shall have no authority whatsoever
to act on behalf and/or as agent for the COUNTY in any promise, agreement, or representation
other than specifically provided for in this Agreement. The COUNTY shall at no time be legally
responsible for any negligence on the part of LESSEE, its employees, agents, or volunteers
resulting in either bodily or personal injury or property damage to any individual, property, or
corporation.
20. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding.
It replaces any earlier agreements or understandings, whether written or oral. This Agreement
cannot be modified or replaced except by another written and signed agreement.
21. RICIIT OF INGRESS AND EGRESS LESSEE, its agent, employees, customers,
suppliers, and patrons shall have the right of ingress and egress to and from the leased Premises,
which shall not be unreasonably restricted by the COUNTY.
22. RIGHT OF INSPECTION AND REPAIRS. LESSOR shall have access to the Premises,
and each and every part thereof, during LESSEE'S regular business hours for the purpose of
inspecting the same, making repairs, and posting notices that LESSOR may deem to be for the
protection of the LESSOR or the property.
23. AMENDMENTS TO BE IN WRITING. This Lease may be modified or amended only
by a writing duly authorized and executed by both LESSOR and LESSEE. It may not be amended
or modified by oral agreements or understandings between the parties unless the same shall be
reduced to writing duly authorized and executed by both LESSOR and LESSEE.
24. HOLDING OVER. No holding over and continuation of any business of the LESSEE
after the expiration of the term hereof shall be considered to be a renewal or extension of this Lease
unless written approval of such holding over and a definite agreement to such effect is signed by
the LESSOR defining the length of such additional term.Any holding over without consent of the
LESSOR shall be considered to be a day-to-day tenancy at a rental of three(3)times the daily rate
of the fixed minimum monthly rental provided herein, computed on the basis of a thirty(30) day
month.
25. ENTIRE AGREEMENT. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings, oral or written,
with reference to the subject matter hereof that are not merged herein and superseded hereby. Any
amendment to this Lease shall be in writing, approved by the Board of County Commissioners,
and signed by both parties before it becomes effective.
26. SEVERABILITY. If any term,covenant,condition or provision of this Lease Agreement
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions, and provisions of this Lease Agreement, shall not be affected thereby; and each
remaining term, covenant, condition, and provision of this Lease Agreement shall be valid and
shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions, and provisions of this Lease Agreement would prevent the
accomplishment of the original intent of this Lease Agreement. The LESSOR and LESSEE agree
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to reform the Lease Agreement to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision.
27. ATTO� EY'S FEES AND COSTS. In the event of any proceeding arising out of or
related to this Lease Agreement, each party shall assume and pay its own expenses, including
without limitation court costs, legal fees, expert fees and costs of appeal, for any suit, action, or
proceeding(s) arising hereunder. Mediation proceedings initiated and conducted pursuant to this
Lease Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
28. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Lease
Agreement shall bind and inure to the benefit of the LESSOR and LESSEE and their respective
legal representatives,successors, and assigns.
29. AUTHORITY. Each party represents and warrants to the other that the execution,
delivery, and performance of this Lease Agreement have been duly authorized by all necessary
County and corporate action, as required by law.
30. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. LESSOR and LESSEE
agree that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still not resolved
to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy
as may be provided by this Lease Agreement or by Florida law.
31. COOPERATION.In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution,performance, or breach of this Lease Agreement,
LESSOR and LESSEE agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Lease Agreement or provision of the services under this Lease Agreement.LESSOR and LESSEE
specifically agree that no party to this Lease Agreement shall be required to enter into any
arbitration proceedings related to this Lease Agreement.
32. COVENANT OF NO INTEREST. LESSOR and LESSEE covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any manner
or degree with its performance under this Lease Agreement,and that the only interest of each is to
perform and receive benefits as recited in this Lease Agreement.
33. CODE OF ETHICS. LESSOR agrees that officers and employees of the COUNTY
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or
use of certain information.
34. NO SOLICITATION/PAYMENT. The LESSOR and LESSEE warrant that, in respect
to itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Lease Agreement and that it has not paid
or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Lease Agreement. For the breach
or violation of the provision,the LESSEE agrees that the LESSOR shall have the right to terminate
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this Lease Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover,the full amount of such fee, commission,percentage, gift, or consideration.
35. PUBLIC RECORDS- COMPLIANCE. LESSEE must comply with Florida public
records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article
I of the Constitution of Florida. The COUNTY and LESSEE shall allow and permit reasonable
access to, and inspection of, all documents, records, papers, letters or other "public record"
materials in its possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the COUNTY and LESSEE in conjunction with this Lease
Agreement and related to contract performance. The COUNTY shall have the right to unilaterally
cancel this Lease Agreement upon violation of this provision by the LESSEE. Failure of the
LESSEE to abide by the terms of this provision shall be deemed a material breach of this Lease
Agreement and the COUNTY may enforce the terms of this provision in the form of a court
proceeding and shall, as a prevailing party,be entitled to reimbursement of all attorney's fees and
costs associated with that proceeding. This provision shall survive any termination or expiration
of the Lease Agreement.
The LESSEE is encouraged to consult with its advisors about Florida Public Records Law
in order to comply with this provision.
Pursuant to Fla. Stat.,Sec. 119.0701,and the terms and conditions of this Lease Agreement,
the LESSEE is required to:
(1) Keep and maintain public records that would be required by the COUNTY to perform the
service.
(2) Upon receipt from the COUNTY'S custodian of records,provide the COUNTY with a copy
of the requested records or allow the records to be inspected or copied within a reasonable time at
a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the Lease
Agreement term and following completion of the agreement if the LESSEE does not transfer the
records to the COUNTY.
(4) Upon completion of the Lease Agreement, transfer, at no cost, to the COUNTY all public
records in possession of the LESSEE or keep and maintain public records that would be required
by the COUNTY to perform the service. If the LESSEE transfers all public records to the
COUNTY upon completion of the agreement, the LESSEE shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure requirements.
If the LESSEE keeps and maintains public records upon completion of the agreement,the LESSEE
shall meet all applicable requirements for retaining public records.All records stored electronically
must be provided to the COUNTY, upon request from the COUNTY'S custodian of records, in a
format that is compatible with the information technology systems of the COUNTY.
(5) A request to inspect or copy public records relating to a COUNTY contract must be made
directly to the COUNTY, but if the COUNTY does not possess the requested records, the
COUNTY shall immediately notify the LESSEE of the request, and the LESSEE must provide the
records to the COUNTY or allow the records to be inspected or copied within a reasonable time.
If the LESSEE does not comply with the COUNTY'S request for records, the COUNTY
shall enforce the public records contract provisions in accordance with the Lease Agreement,
notwithstanding the COUNTY'S option and right to unilaterally cancel this agreement upon
9
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violation of this provision by the LESSEE. A LESSEE who fails to provide the public records to
the COUNTY or pursuant to a valid public records request within a reasonable time may be subject
to penalties under Section 119.10,Florida Statutes.
The LESSEE shall not transfer custody,release, alter, destroy, or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE LESSEE HAS QUESTIONIS-111111REGARDING THE APPLICATION OF
CHAPTER, 119 FLORIDA STATUTES STATUTESs TO THE LESSEE'S DUTY TO
PROVIDE PUBLIC 'RECORDS RELATING TO THIS LEASE
AGREEMENT CONTACT THE CUSTODIAN OF PUBLIC RECORDS2-
GAELAN .ZONES AT PHONE NO. 305-292-3470 JONES—
GAELAN vION'11.OECOUNTY—FL.GOV 'IONROE COUNTY
ATTOIINEY'S OFFICE 1111 12TH STREET, SUITE 408,1 KEY WEST T'L
33040.
36. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the LESSOR and LESSEE in this Lease Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the LESSOR be required to
contain any provision for waiver.
37. IpRIVJLEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the LESSOR,when performing their respective functions under
this Lease Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
38. NON-RELIANCE 11IY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms,or any of them,of this Lease Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated hereunder,and the
LESSOR and LESSEE agree that neither the LESSOR nor the LESSEE or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities,have entitlements or benefits under
this Lease Agreement separate'and apart, inferior to, or superior to the community in general or
for the purposes contemplated in this Lease Agreement.
39. 'ATTESTATIONS. LESSEE agrees to execute such documents as the LESSOR may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
40. EXECUTION IN COUNTERPARTS. This Lease Agreement may be executed in any
number of counterparts,each of which shall be regarded as an original, all of which taken together
shall constitute one and the same instrument and any of the parties hereto may execute this Lease
Agreement by signing any such counterpart.
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41. EFFECTIVE DATE. This Agreement will take effect on May 1, 2025.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS OF
ATTEST: KEVIN MADOK, CLERK MONROE COUNTY, FLORIDA, LESSOR
By By
As Deputy Clerk Mayor/Chairman
STATE OF FLORIDA, DEPARTMENT OF
HEALTH,MONROE COUNTY HEALTH
DEPARTMENT,LESSEE
Witness# 1 Si ,na re
P&4e " �>/Io OA,5 By 1` Nm
Printed Name Date
Title Administrator/Health Officer
Witness#2 Signature Date
Printed Name Date
A, < � r, r Y it iir
4
3/1112025
lr'rr
1434
EXHIBIT "A"
First Floor Gato Building — Floor Flan
12
1435
u
o
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p fl Yq� y _ I V V yj pgJ^p �p s llI rl wu'w�' ... i d
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��� SYMBOLS
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13
1436
EXHIBIT 66A99
Second Floor Gato Building — Floor Flan
14
1437
,.,_ �., F '� �� nxx � IF�ns91 M Y� ! �aw v, � t « e yiYft ..,.uYb•4iu�r�J n�,.w.a p'..r
�..
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LIFE 5AFETY PLAN �—
GATOBUILDINGA
15
1438
EXHIBIT "B"
Rooms with Square Footage
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Gato-Health Department EXHIBIT B
ROOM# S uare Foota e
ROOM# Square Foota e
1 280 HEALTHY START SUITE 175
3 216 CE 200
4 40CE 88
5 77 CE 88
6 88 CE 275
7 40 1-176 248
_ 8 88
1-177 176
9 88 1-177 rear 100
10 176 1-177rear 65
11 18 1-181 83
12 22 1-188 114
13 304 1-188 57
14 175 - 1-184 80
15 _ 88 1-187 81
16 88 UPSTAIRS
17 35 242 310
18 88 241 149
19 40 243 169
20 44 244 _.._ 170
21 88 245 145�_
83 ..
246 ...._ $5
24 88 247 85
25 2 85
49 88 248 85
uW_
SupplyCloset by room 28 40 _._-.
26 127 250 172
27 96 2-231 (hall closet) 110
EA
_. 28 96
29 96
30 96
3132 26
80 ROISS AREA`rO AL:S 10 115
d-
33 192 .. -._....
� �._.....
f"1et Area 7g7'31
34 _ 80
Common Areas 2,384
35 — 192
36 88
�37 192
_.�
38 128..
39 250
40 176
41 258
.-.........
. _ 42 118
..�.....
42 58
112 86
112 258
192�
_.._._ 2
123 121
137 � 50
Corridors 1,225
17
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