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Home My WebLink AboutItem D05 D5 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: D5 2023-3789 BULK ITEM: Yes DEPARTMENT: Tourist Development Council TIME APPROXIMATE: STAFF CONTACT: Kara Franker N/A AGENDA ITEM WORDING: Approval of a Lease Agreement with Junghi C. Weiss and Edward H. Kim for 1213 Truman Ave. Unit A Key West, FL 33040 in an amount not to exceed $3,700 plus utilities/per month for use as an executive office for the Monroe County TDC Administrative Office. ITEM BACKGROUND: Visit Florida Keys at their meeting of February 5, 2025 moved approval to enter into a lease for additional office space in Key West for use as an executive office. A draft copy of the lease is attached. This is a placeholder. The Landlord is expected to provide an executed lease on Friday. PREVIOUS RELEVANT BOCC ACTION: INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: New Agreement GPJ 3/11/25 - Risk approval subject to inclusion of Monroe County BOCC as additional insured on attached liability policy. Updated COI to be provided before final execution of lease. STAFF RECOMMENDATION: Approval DOCUMENTATION: 1231 Truman COI 24-25 (BOCC Addt Ins Pending).pdf NEW_LEASE_1213_Truman l.pdf 1708 FINANCIAL IMPACT: Line Item Numbers: 116 76007 117 77003 118 78003 119 79003 120 70003 121 71003 1709 GUOOV 10 s3ijew Pajolsisai eje 0501 pue atueu(]NOOV 04J. 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WEISS and EDWARD H. KIM, 101 Front Street, Unit 4, Key West, FL 33040 hereinafter collectively called "LANDLORD," and Monroe County a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter called "TENANT." TERMINATION OF PRIOR LEASE Upon execution of THIS LEASE, the PRIOR LEASE executed between the parties: JUNGHI C. WEISS and EDWARD H. KIM, 101 Front Street, Key West, FL 33040 collectively called "LANDLORD," and 3406 North Roosevelt Blvd. Corporation d/b/a Visit Florida Keys, called "TENANT', with Diane Schmidt as the TENANT signatory, relating to the premises being that portion of the structure located at 1213 Truman Avenue, Unit A, Key West, Florida 33040, dated February 19, 2025, which created a lease term commencing February 19, 2025 and terminating January 31, 2026, shall be immediately terminated and all rights and duties under that PRIOR LEASE shall be extinguished and thereafter all the rights and duties of the parties relating to the premises shall be superseded by the rights and duties as set forth in THIS LEASE Agreement. CONTINGENCY CLAUSE If THIS LEASE is not executed between the LANDLORD and TENANT, covering the same property, relating to the premises being that portion of the structure located at 1213 Truman Avenue, Unit A, Key West, Florida 33040, the PRIOR LEASE executed will remain in full force and effect. WITNESSETH: For and in consideration of the mutual covenants and agreements hereinafter contained, the LANDLORD and TENANT agree as follows: LEASED PREMISES AND TERM 1. (a) The LANDLORD hereby leases to the TENANT and the TENANT hereby leases from the LANDLORD, the premises being that portion of the structure located at 1213 Truman Avenue, Unit A, Key West, Florida 33040 consisting of approximately Page 1 of 13 Initial Ds 04 , D� 1713 Docusign Envelope ID: E56CB22B-2284-4780-9DOD-8E81 F2125232 1020 square feet ("Premises") "as is", together with all improvements, appurtenances, and fixtures thereon "as is" for a term to commence February 19, 2025, and expiring January 31, 2026, at 12:00 p.m. (b)TENANT shall have two(2)options to renew this lease for additional One (1) year terms per the rental rates listed below. This option must be exercised by TENANT by giving LANDLORD not less than 120 days written notice prior to the expiration of the term of this lease. RENTAL 2. (a) The TENANT shall pay to LANDLORD as gross rental for said premises as follows: $3,700.00 per month rent + + Electric February 19, 2025, to January 31, 2026; $3,844.00 per month rent + + Electric February 1, 2026, to January 31, 2027; $3,993.00 per month rent + + Electric February 1, 2027 to January 31, 2028; Rent is payable upon receipt of an invoice from LANDLORD. Except as provided in subsection 2 (b), this rent includes TENANT's proportionate share of water and sewer, storm water and garbage charges for entire property located at 1213 Truman Avenue and all other"triple net" charges. (b) In the event of excessive usage as reasonably determined by the LANDLORD, TENANT agrees to pay directly to the LANDLORD, the share attributable to such excessive usage of water and sewer, storm water and garbage charges for entire property located at 1213 Truman Avenue within fifteen (15) days from receipt of billing. (c) TENANT agrees to pay to LANDLORD as additional rent hereunder a late fee equal to five per cent (5%) of any amount due for rent or other payments due hereunder, if said payments are not made within ten (10) days of their due date. (d) Payments shall be made to LANDLORD at such place and manner, as the LANDLORD may direct from time to time. Unless and until further notice payments shall by direct deposit to the LANDLORD'S bank account at WELLS FARGO BANK Page 2 of 13 Initial Ds E 1714 Docusign Envelope ID: E56CB22B-2284-4780-9DOD-8E81 F2125232 (e) Rent shall be paid in advance on the first day of each month without deduction or demand as an independent covenant by the TENANT to the LANDLORD upon receipt of an invoice from the LANDLORD. (f) All Payments will be made in accordance with the Local Government Prompt Payment Act, F.s. 218.70. The first month's rent is not due and payable until this lease is approved by the Monroe County Board of County Commissioners. UTILITY CHARGES 4. Except as noted in Section 2, TENANT shall be solely responsible for and promptly pay directly to the utility company all charges for heat, gas, electricity, telephone, internet, cable, or any other utility used or consumed in the leased premises, for the building, within fifteen (15) days of the presentation of the invoice. In no event shall LANDLORD be liable for an interruption or failure in the supply of any such utilities to the leased premises. USE 5. (a) The TENANT agrees to use and occupy said premises as an executive office for the Tourist Development Council by 3406 North Roosevelt Blvd. d/b/a Visit Florida Keys (VFK), during the entire term hereof, and shall not use same for any other purpose, without the written consent of the LANDLORD, which consent shall not be unreasonably withheld, except that LANDLORD may absolutely withhold consent for use for any similar business that competes with LANDLORD'S other TENANT at the building at the time. TENANT shall, at TENANT'S sole cost and expense, comply with all of the requirements of all county, municipal, state, federal, and other applicable governmental authorities, now in force, or which may hereafter be in force, pertaining to said premises and to TENANT'S business, whether stated to be obligations of the LANDLORD or TENANT, and whether structural or otherwise, none of which shall be deemed to alter or impair the TENANT'S obligations hereunder, and shall faithfully observe in the use of the premises and the conduct of its business all municipal and county ordinances and state and federal statutes and regulations now in force or which may hereafter be in force. (b) TENANT may make nonstructural alterations and improvements to the interior (excluding any alternations or improvements to the ceiling) of the premises of $1,000 or less per alteration without LANDLORD'S prior consent, provided the work is performed in a good and workmanlike manner and to all codes of the City, County & State. TENANT may repair the the floors or cover the floor with "floating" vinyl plank or carpeting that is not glued down or installed in any manner that damages the floor. TENANT may not change the color of the exterior of the Page 3 of 13 Initial Ds �� `�C(11715 Docusign Envelope ID: E56CB22B-2284-4780-9DOD-8E81 F2125232 building. TENANT shall notify the LANDLORD of the color formula for any change to the interior walls of the building. (c) The LANDLORD reserves the right of inspection at reasonably convenient times during the business hours of the TENANT, without disturbing TENANT'S business and at any time in the event of an emergency. TENANT shall not change the locks on the business without LANDLORD'S written consent and shall provide LANDLORD with a set of keys to any new locks. TENANT shall not install an alarm system without LANDLORD'S written consent and shall provide LANDLORD with the access codes for any such system. SIGNS 6. (a) The TENANT will not place or suffer to be placed or maintained on any exterior door, wall, or window of the leased premises any sign, awning or canopy, or advertising matter or anything of any kind, and will not place or maintain any decoration, lettering, or advertising matter on the glass or any window or door of the leased premises, without first obtaining the LANDLORD'S written approval and consent, not to be unreasonably withheld, conditioned or delayed. TENANT further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter, or other thing as may be approved, in good condition and repair at all times. TENANT shall not remove any signs on the property without LANDLORD's written consent. (b) Permanent Signage. Landlord agrees to allow Tenant to use a standard sign package to the maximum size permitted by local governmental authorities which will be submitted and reviewed to the Landlord during the Lease process. Tenant must get approval for location of signage. Landlord agrees to move signage in location "2" that is used by another Tenant at 1213 Truman Ave to location "1" in the attached photo. REPAIRS AND MAINTENANCE 7. (a) LANDLORD shall have no responsibility for any routine repairs or maintenance but will pay that portion of major repairs in excess of $500.00 not required because of negligence or willful misconduct of TENANT. TENANT shall at all times keep the Leased Premises including all partitions, doors, fixtures, equipment, and appurtenances thereof (including lighting, heating, plumbing fixtures, and any air conditioning system) in the same order, condition, and repair as at lease inception, and replace if required (including reasonably periodic painting as determined by LANDLORD). Page 4 of 13 �y^Initial 5716 s V61� ll, Docusign Envelope ID: E56CB22B-2284-4780-9DOD-8E81 F2125232 (b) If TENANT refuses or neglects to repair property as required hereunder and to the reasonable satisfaction of LANDLORD as soon as reasonably possible after written demand, LANDLORD may enter the premises and make such repairs, and upon completion thereof, TENANT shall pay LANDLORD'S costs for making such repairs within twenty (20) days of receipt of bill therefor, as additional rent. (c) LANDLORD shall not be liable to TENANT for any damages or injuries sustained as a result of any repair or failure to repair any portion of the Leased Premises. SURRENDER OF PREMISES 8. At the expiration of the tenancy hereby created, TENANT shall surrender the leased premises in the same condition as the leased premises were in upon delivery of possession thereto under this lease, reasonable wear and tear excepted, and damage by unavoidable casualty excepted to the extent that the same is covered by LANDLORD'S fire insurance policy with extended coverage endorsement, and shall surrender all keys for the leased premises to LANDLORD at the place then fixed for the payment of rent and shall inform LANDLORD of all combinations on locks, safes, and vaults, if any, in the leased premises, At the termination of this lease, TENANT, if not in default, may remove its trade fixtures for the leased premises and shall restore the premises to the condition in which they were received by TENANT at commencement of the original term. TENANT'S obligation to observe or perform this covenant shall survive the expiration or other termination of this term of this lease. INDEMNIFICATION OF LANDLORD 9. (a) All personal property in said premises, whether belonging to the TENANT or others, shall be and remain at TENANT'S sole risk, and LANDLORD shall not be responsible for any damage to or loss of such personal property. Nor shall the LANDLORD be liable for any personal injury to TENANT or other persons in and about said premises except for LANDLORD'S negligence or willful misconduct. (b) Subject to the provisions of 768.28, TENANT will indemnify LANDLORD and save him harmless from and against any and all claims, actions, damages, liability, and expense in connection with loss of life, personal injury, and/or damage to property arising from or out of any occurrence in, upon, or at the leased premises, or the occupancy, or use by TENANT of the leased premises or any part thereof, or occasioned wholly or in part by any act of omission of TENANT, its agents, contractors, employees, servants, or lessees. In case LANDLORD shall without fault on his part, be made a party to any litigation commenced by or against TENANT, then TENANT shall protect and hold LANDLORD harmless and shall Page 5 of 13 Initial 1�� I—;R,1717 Docusign Envelope ID: E56CB22B-2284-4780-9DOD-8E81 F2125232 reimburse all reasonable costs, expenses, and reasonable attorney's fees incurred or paid by LANDLORD in connection with such litigation. INSURANCE 10. VFK on behalf of the TENANT shall, during the entire term hereof, keep in full force and effect a policy of public liability and property damage insurance with respect to the leased premises, the sidewalks in front of the leased premises, and the business operated by TENANT and any sub-TENANTs of TENANT in the leased premises in which the limits of public liability shall not be less than One Million and 00/100 Dollars ($1,000,000,00) for personal injuries, per accident, and in which the property damage liability shall not be less that One Hundred Thousand and 00/100 Dollars ($100,000.00) for each accident. The policy shall name the LANDLORD, any person, firms, or corporations designated by the LANDLORD and TENANT as insured and shall contain a clause that the insurer will not cancel or change the insurance without first giving the LANDLORD thirty (30) days prior written notice. The insurance shall be with an insurance company approved by the LANDLORD and a copy of the policy, or a certificate of insurance shall be delivered to LANDLORD prior to the commencement of the term of this agreement. SUBORDINATION 11. This lease shall be, and at all times remain subject and subordinate to the mortgage or mortgages and/or deeds of trust and/or bond issues and/or trust indentures now on or which may hereafter be placed upon the premises, and to all advances made or hereafter to be made on the security thereof, and the recording of such mortgage or mortgages and/or deeds of trust and/or bond issues and/or trust indentures shall have preference and precedence over and be superior and prior in lien to this Lease, irrespective of the date of recording of the said mortgage or mortgages and/or deeds of trust and/or bond issues and/or trust indentures; it being further intended that this provision shall be self-operating without the necessity of any further instrument, but if requested to do so, TENANT shall execute any reasonable instrument without cost to it which may be deemed necessary or desirable further to effect the subordination of this Lease to any such mortgage or mortgages and/or deeds of trust and/or bond issues and/or indentures. ASSIGNMENT AND SUBLETTING 12. TENANT shall have the right to assign the Lease or sublet the Premises, without charge but with LANDLORD'S consent being required, which will not be unreasonably withheld, except that LANDLORD may absolutely withhold consent for any use of the premises as an exterminator's office or any similar business that competes with LANDLORD'S other TENANT at the building at the time. Page 6 of 13 Initial s li,1718 Docusign Envelope ID: E56CB22B-2284-4780-9DOD-8E81 F2125232 LANDLORD may request a background/credit check and take that information into consideration when making the decision to sublet. TENANT may not assign or sublease the premises for more than the amount of rent being paid hereunder to the LANDLORD. 13. If this Lease is assigned, transferred, or sublet contrary to the provisions of the foregoing paragraph, LANDLORD may collect from assignee, subtenant, or occupant, and apply net amount collected to the rent herein reserved, but no such assignment, subletting, occupancy, or collection shall be deemed an acceptance of the assignee, subtenant, or occupant as TENANT, or a release of TENANT from their further performance under this lease agreement. 14. Notwithstanding any assignment or sublease, TENANT shall remain fully liable on this lease and shall not be released from performing any of the terms, covenants, and conditions of this lease and any assignment or sublease shall be subject to all the terms and conditions of this lease which shall be incorporated by reference into any such assignment or sublease. DESTRUCTION OF LEASED PREMISES 15. If the leased premises shall be damaged by fire, the elements, unavoidable accident, or other casualty, but are not hereby rendered untenantable in whole or in part, LANDLORD shall at its own expense cause such damage to be repaired to the extent not exceeding the insurance proceeds received, and the rent shall not be abated. If by any reason of such occurrence, the premises shall be rendered untenantable only in part, LANDLORD shall at its own expense cause the damage to be repaired, and the rent meanwhile shall be abated proportionately as to the portion of the premises rendered untenantable. If the premises shall be rendered wholly untenantable by reason of such occurrence, the LANDLORD shall at its own expense cause such damage to be repaired, and the rent meanwhile shall be abated in whole by the LANDLORD except that either party shall have the right, to be exercised by notice in writing, delivered to the other within sixty (60) days from and after such occurrence, to elect not to continue the lease in the event that the improvements will take in excess of one hundred eighty (180) days to restore, and in such event, this lease and the tenancy hereby created shall cease as of the date of the said occurrence, the rent to be adjusted as of such date. In no event shall LANDLORD be required to make any repair that in their sole discretion will cost more than the amount of insurance proceeds received and if the event causing damage to the premises is not covered by insurance, there shall be no obligation whatsoever to make any repair. Page 7 of 13 Initial [�� s III 1 1719 Docusign Envelope ID: E56CB22B-2284-4780-9DOD-8E81 F2125232 CONDEMNATION 16. (a) If the whole of the leased premises shall be acquired or condemned by eminent domain for any public or quasi-public use or purpose, and in the event that such partial taking or condemnation shall render the leased premises unsuitable for the business or the TENANT, then the term of this lease shall cease and terminate as of the date of title vesting in such proceedings and TENANT shall have no claim against LANDLORD or the condemnation proceeds for the value of any unexpired term of this lease. In the event of a partial taking or condemnation which is not extensive enough to render the premises unsuitable for the business of the TENANT, then LANDLORD shall promptly restore the leased premises to a condition comparable to its condition at the time of such condemnation less the portion lost in the taking, and this lease shall continue in full force and effect. (b) In the event that any condemnation or taking as hereinbefore provided, whether whole or partial, the TENANT shall not be entitled to any part of the award, as damages or otherwise, for such condemnation, and LANDLORD are to receive the full amount of such award, and TENANT hereby expressly waive any right or claim to any part thereof. (c)Although all damages in the event of any condemnation are to belong to the LANDLORD, whether such damages are awarded as compensation for diminution in value of the leasehold or to the fee of the lease premises, TENANT shall have the right to claim and recover from the condemning authority but not from LANDLORD such compensation as may be separately awarded or recoverable by TENANT in TENANT'S own right on account of any and all damage to TENANT'S business by reason of the condemnation and for or on account of any cost or loan to which TENANT might be put in removing TENANT'S merchandise, furniture, fixtures, leasehold improvements, and equipment. HOLDING OVER 17. Any holding over after the expiration of the term hereof, with the express consent of the LANDLORD, shall be construed to be a tenancy from month to month at the rents hereinabove specified (pro-rated on a monthly basis) and shall otherwise be on the terms and conditions herein specified, so far as applicable. WASTE 18. The TENANT shall not commit or suffer to be committed any waste upon the leased premises. Page 8 of 13 Initial5(1h720 Ds �� Docusign Envelope ID: E56CB22B-2284-4780-9DOD-8E81 F2125232 DEFAULT 19. In the case of any default in the payment of any rent herein agreed to be paid, or in the case of a non-monetary default that is not cured within twenty (20) days after notice, the LANDLORD may declare such term ended and may re-enter the Premises. THE TENANT HEREBY WAIVES ALL RIGHT TO A THIRTY (30) DAY NOTICE TO QUIT OR OTHER NOTICE AND WAIVES THE RIGHT TO TRIAL BY JURY IN ANY SUIT BETWEEN THE PARTIES. Any such case of re-entry or repossession by the LANDLORD the same shall operate as a termination of and put an end to the tenancy hereby created, and all rights and privileges of the TENANT shall thereupon be at an end, but the TENANT shall continue to be liable to the LANDLORD for any damages it may have suffered thereby. Further, in the event of a default in the payment of rent that is not cured within twenty (20) days, the rent for the remaining term of the lease shall become immediately due and payable at the option of the LANDLORD. LEGAL EXPENSES 20. In case suit shall be brought for recovery of rent or any other amount due under the provisions of this lease, or because of the breach of any other covenant, agreement, or condition herein contained on the part of TENANT to be kept or performed, in addition to any other damages sustained by the LANDLORD, the TENANT shall pay to LANDLORD all expenses whatsoever incurred on account of such litigation, including reasonable attorneys' fees. QUIET ENJOYMENT 21. Upon payment by the TENANT of the rents herein provided and upon the observance and performance of all the terms, covenants, and conditions on TENANT'S part to be observed and performed, TENANT shall peaceably and quietly hold and enjoy the leased premises for the term hereby demised without hindrance or interruption by LANDLORD or any other person or persons lawfully or equitably claiming by, through, or under the owner, subject nevertheless to the terms and conditions of this lease. WAIVER 22. The waiver by LANDLORD of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of nor shall LANDLORD thereby be estopped from asserting or relying upon such term, covenant, or condition or any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by LANDLORD shall not be deemed to be a waiver of any preceding breach by TENANT of any term, covenant, or condition of this lease, other than Page 9 of 13 1Initial � I—;(k 1721 Docusign Envelope ID: E56CB22B-2284-4780-9DOD-8E81 F2125232 the failure of TENANT to pay the particular rent so accepted, regardless of the LANDLORD'S knowledge of such preceding breach at the time of acceptance of such rent. No term, covenant, or condition of this lease, including the instant one, shall be deemed to have been waived by LANDLORD, unless such waiver is in writing by LANDLORD. ACCORD AND SATISFACTION 23. No payment by TENANT or receipt by LANDLORD of a lesser amount than the monthly rent herein stipulated shall be deemed to be other than on account of the earliest stipulated rent, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and LANDLORD may accept such check or payment without prejudice to LANDLORD'S right to recover the balance of such rent or pursue any other remedy in this lease provided. PARTIAL INVALIDITY 24. If any term, covenant, or condition of this lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this lease, or the application of such term, covenant, or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant, or condition of this lease shall be valid and be enforced to the fullest extent permitted by law. NOTICES 25. (a) Any notice to LANDLORD by TENANT shall be served by Certified or Registered Mail, postage prepaid, addressed to LANDLORD at 101 Front Street #4, Key West, FL 33040 and 13 Climbing Rose Court, Rockville, MD 20850 or at such other address as LANDLORD may designate. Notice may also be sent by acknowledged email to .ir Ir li ealiss Ir o I�ryalill.col�rn., or e jlkii_r�rn......,,,, „� Ir p pr�rn or such other email address as LANDLORD may designate. (b) Any notice to TENANT by LANDLORD may be served by Certified or Registered mail, postage prepaid, addressed to TENANT at: the Leased Premises or, or such other address as TENANT may designate by written notice. Notice may also be sent by acknowledged email to jl Ir „ fll ..::. or7rl or such other email address as TENANT may designate. Notice to either Tenant shall constitute notice to both Tenants. Page 10 of 13 Initial Ds -- 1722 Docusign Envelope ID: E56CB22B-2284-4780-9DOD-8E81 F2125232 CAPTIONS AND SECTION NUMBERS 26. The captions, section numbers, article numbers, and index appearing in this lease are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope or intent of such sections or articles of this lease nor in any way affect this lease. SUCCESSORS 27. All rights and liabilities herein given to, or imposed upon, the respective parties hereto shall extend to and bind the several respective heirs, executors, administrators, successors, and assigns of the said parties. No rights, however, shall inure to the benefit of any assignee of TENANT unless the assignment to such assignee has been approved by LANDLORD in writing as provided above. BROKER'S FEES 28. Landlord agrees to pay all broker fees associated with tenant's lease of premises. PARKING 29. Tenants for Unit A, Unit B, and Unit C will share the Parking Space at 1213 Truman Ave. There is no assigned parking. Parking is on a first come basis. 1. Hold Harmless: Subject to the provisions of Sec. 768.28, Florida Statues, the Tenant is liable for and shall defend, release, discharge, indemnify, and hold harmless the Landlord, and against any and all claims, demands, causes of action, losses, costs and expenses of whatever type including investigation and witness costs and expenses and attorneys' fees and costs that arrive out of or are attributable to the Tenant's operations on the premises except for those claims, demands, damages, liabilities, actions, cause of action, losses, cost and expenses that are the result of acts or omissions of the Landlord, its employees and agents. 2. Consent to Jurisdiction: This agreement shall be construed by and governed under the laws of the State of Florida and venue for any action arising under this management agreement shall be in Monroe County, Florida. This agreement is not subject to arbitration. 3. Non-Waiver: Any wavier or any breach of covenants herein contained to be kept and performed by either party shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the other party from exercising any of its remedies under this agreement, at law or in equity for any succeeding breach, either of the same condition or covenants or otherwise. Page 11 of 13 Initial Ds -- 1723 Docusign Envelope ID: E56CB22B-2284-4780-9DOD-8E81 F2125232 4. Non-Discrimination: the Parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Grantee 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 I of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination 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 disabilities; 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 VI I I of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as maybe 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; 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Initial Ds Page 12 of 13 1724 Docusign Envelope ID: E56CB22B-2284-4780-9DOD-8E81 F2125232 ENTIRE AGREEMENT 30. This lease and the Exhibits, if any, attached hereto and forming a part hereof, set forth all the covenants, promises, agreements, conditions, or understandings, either oral or written, between LANDLORD and TENANT concerning the leased premises and there are no other covenants, promises, agreements, conditions, or understandings, either oral or written, between them other than herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change, or addition to this Lease shall be binding on LANDLORD or TENANT unless reduced to writing and signed by them. IN WITNESS WHEREOF, the parties have executed this Lease the day and year first written above. TENANT: (SEAL) Board of County Commissioners Attest: Kevin Madok, Clerk of Monroe County As Deputy Clerk Mayor/Chairman LANDLORD: DocuSigned by: C. (fuss (seal) -EAxv�L882C4A322F4941A... JUNGHI C. WEISS (703) 300-4904 Signed by: f�war,k �. 60A (seal) AED28CBA4DAC44A... EDWARD H. KIM (408) 242-6510 Third Party, PRIOR LEASE Signatory, 3406 North Roosevelt Blvd. Corporation d/b/a Visit Florida Keys By: Diane Schmidt Page 13 of 13 Initial DS �I' II -- 1725 i i w � ��l��v •1F S ¢�� £ w E £! £ s a 4 a � � � �A��'�E. ••w,�a tia��;le, p'�G; � ,; � t E it j1 t H 3 mg J..i t- x , a ! In � i I nr� �r Y. 6 i P r a£ � 4 1726