HomeMy WebLinkAboutItem S1 Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Friday, September 5, 2025 8:17 AM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Senior Management
Team and Aides; Liz Yongue; InternalAudit
Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne;
Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch-
Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena; Powell-Barbara
Subject: ADD-ON Item S1 09/10/2025 BOCC Meeting
Attachments: AIS 4537 WITH BACKUP.pdf
Categories: Orange Category
Good morning,
Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda:
"Approval for Amendment 4 to the contract with Rockland Investment Corporation to extend the lease for the Fleet
Garage facility on Rockland Key from the current expiration date of 17 March 2026 to 16July 2029 at a cost of
$23,054.72 per month. The contract includes an annual CPI adjustment to not exceed 5 percent per year. Funding is
through the Fleet internal service fund."
The Agenda Item Summary is attached.Once approved,this will be considered Add On Item S1.
Sincerely,
)V,rystaC crovuez
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street,Suite 2-20S
Key West, FL 33040
Office:30S-292-4441
Cell:30S-8SO-8694
Courier Stop#1
Notary Public
www.ri"ioriroeco�,,iirity.-fu..gov
gorriez..kry:st,, 1.@ri"ioriroeco�,,iirity..-fl..gov
,.airity..fl.gov
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1
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
September 10, 2025
Agenda Item Number:
2023-4537
BULK ITEM: Yes DEPARTMENT: Fleet Management
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson
No
AGENDA ITEM WORDING: Approval for Amendment 4 to the contract with Rockland Investment
Corporation to extend the lease for the Fleet Garage facility on Rockland Key from the current
expiration date of 17 March 2026 to 16 July 2029 at a cost of$23,054.72 per month. The contract
includes an annual CPI adjustment to not exceed 5 percent per year. Funding is through the Fleet
internal service fund.
ITEM BACKGROUND:
The Fleet maintenance facility was relocated from the Key West airport property in March 2021. Since
then, it has operated in a leased facility on Rockland Key. Staff has been exploring options for a
permanent replacement facility including, but not limited to, construction of a new facility on our
exiting Rockland property or purchasing the current facility from the landlord. Neither option will be
concluded before expiration of the current lease term(March 2026).
The current facility has served the need well for four years. The Clerk of Courts leased the other half of
the building and some additional contiguous yard space in 2024 to house records from the old
courthouse (Jefferson Browne building)while their staff digitize those records. This lease extension
aligns the terms of those two leases to end in July 2029. The lease contains the usual termination
clauses so that the County can terminate the lease upon developing space in another government
building and also includes a termination for convenience upon 6 months' notice.
The annual rent for the Fleet property after the extension will be $276,656.64 per year including CAM.
The new lease term will commence on March 17, 2026, and terminate on July 16, 2029.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved the original Lease Agreement on March 17, 2021 -AIS 7946 C18
First Amendment was approved on November 15, 2022 -AIS #11368 F.35
Second Amendment was approved on February 15, 2023 -AIS #11710 C24
Third Amendment was approved February 21, 2024 -AIS #2023-2142 C.27
INSURANCE REQUIRED:
Yes
1
CONTRACT/AGREEMENT CHANGES:
4th Amendment to original contract to increase the term with updated rent
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Monroe County Fourth Amendment Signed 09.02.2025.pdf
3rd Amendment 02—21—2024.pdf
2nd Amendment 02—15—2023.pdf
1st Amendment I I—15 -2022.pdf
03172021 Agreement.pdf
FINANCIAL IMPACT:
FINANCIAL IMPACT:
Effective Date: September 10, 2025 (New rental payment amounts are effective March 17, 2026.)
Expiration Date: July 16, 2029
Budgeted: Yes
Costs to County: $23,054.72 per month
Source of Funds: 504-23501--SC00050 Rentals & Leases
CPI: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: Utilities not included
Revenue Producing: No
Grant: N/A
County Match: N/A
Insurance Required: As stated in the contract
Additional Details: Budgeted for FY 26 - 504-23501--SC00050 Rentals & Leases
2
'This Fourth Aau¢na,ridn-nenaa to Lease ase Agnaa.,nno ant is m add and cabaa°inn d annaO i0th play asp'Scp4.ePrnber,
of Florida. whpna,se address is 1 100 ywuaaumuaon nw~aana.;et. Key 'Wcst. 13,040. aunct
C'KI,a N INVE "I'ME (,` RP0R 'YIR0]pQ I ,` R..," esnor" / "Raaa_ pana..R"p. ;: paan°RrR,a.
a.`orpnwnnaa6orr, anaaapntinhyrd Io do Rba.0 anna," in Me staaw. awp'`IhRakdaa. xwhosc pn'pna: ri aR is 61 Via..
LOW Waa, Key West. Florida 3300.
" `,ppEWA , on, the p" dpaay of Ndamh. 202II, We paaaW anaY.cmd Wo as p,a°ma: Ap"ma`aMuaam Whe
pain. o +;a.u°aaaupn property. inil novennennts and sara:uc u.aua^a Annaaud M ,and n„:a,bnnnnr ono paown°u as I p
Overseas Highway. RWa Khen, nnDt'R,,. Rockland Key. k0nuu e Co urnly. p paaAds 33040 W>h P au°a.O
Idenn6&auc ataawn On 00122070-aGdW12M). (—Wpbem.y—Y p`a r use of ccnaain arcu as rrp' the NFric',,perty to
provide wa wvarchm w unit ark! pounitoxi SaUTOuurhiNu g paaiv d Gr use by the ( aaamly as as llaacaaapuan"u Or Its
R pa°u,:n DepauaaraaA.unu�, a`rpyea"aao¢t^a fen O'n�a p 4awwn Key-, area (-Wganaap Lease y"pgr�eeauuuaaaf"n aauup
VOWHEAS. We tmrn in the gpnnd Lc,,isc Agnaaomnna was u.R'Rp°a°a.'N N)m Kp°uropu 17. 202L m
Nlaarch, ppaa 202T aanud pnnnvkR d list dure R .;p aDaddRahnnaal aquae (p ) yeaan., a.mnn>I n pnanamJs ea.iler the
punnaU terinn of the 1.caa a, aial
wNHERE , on the 150� day onjovanbor 2022. Me pmRu ies c;nuten I°kitii.0 p h ,t Nph'1icndrria ant to
Lame AgreemaH:'"ap'7nn h a,Xda^una&a.p'did uaUna.n OW k'dS 10 M,.arch 16, 2024. a;a.n'ua.p aaapaia^rnp anauaua�uppnnE�una!ull
r ms! pnamel at as ununnuapu pr mate a.uf Two .R.,pncaa4rand (Me ppa.ancke p ,and WN100 0000.dnai'p DWJ arwyr
and
WHEREAS, abnn aRaa; R` " loam or p'a.pkuuumy. Tk,:p,'ti Me pnAaaaucs cauaaaaa.ap puni[as asa Sccond Akiricndment
which auaa.aavascn.p the atunaobund wwG ",aaaa°Ruoauti;ann `Wpaa.a aa,a WpuaaRaa an '740 .Iu]aN,nnxC pqbn Hanel
puaaaa.anwe cif Ori p°uu�mmnntud C)nee [Ercndnu;nd T.hunn-9p"arw and Tp;MS 1 .p30p'2'} pya,pW pw9nu mu:baafih Or
the atna,al fie amid Common Ara.a Y'vlaaNa'uar aliannc Costs RC.AAI.p„plus n.a6ht P",X[ WS na. and t`�".�aannapao a'p.
aRnaw (Ogirml R_,a°aasa f ppnau„nn.aeuua ternn peon one R II ) anaRapNnW! gar abIdi the new aa;n-m to ila;uiunpnnauae on
VI nrch p na 2024. p''nor,da pnaarcicis aannn„R
WHERWkS, on die 2 1" day of February, n:R']..dp. [he poutun;ra canaa red aw R`pn'und ayann anupnnuaanaa
a�. aa:nna:R.Rnip;tile ansn,naa a�w�6 apn� p,e asc por the u° nnA nuua p aappunmd m o ( ) years with the nex, aiiw°n°uannNnur on
nacre a:-,m fptiair°a:h R6, tip( w6,,, aaniap
!IIERWS,the current tera"a"n 'wiH now e p irc anna Ma.arch p aw, 2(,)6, and the 1 caase duvna a, nn s prn'Grnride
Or any aaflapNa�pawanaal renaeW pia°do w beyond that NRaauch 16. 2026. Me: and
fHE I ASQ Nionns°a e p anann.uay and Rodhanaad n°u,canaly waanaa_md Rnnitaw aanawakr Luse Agre Wnna.un0 R¢'roa- uaa
different pnorn�pori abp"this aaAaaana, RoLkllaund P%,ca hwfilcRNuug wRa ch will lie, a.aa:npNned by the CINt a'r oaam,
wAh the sruuaual Ran°nun oR'(Ihmt Ouse se h vnnag a.nrannmeanaa°al (Al .Rraup)r p p, !024 aamf buunaauanaae,on ;RLOY 16,
202Va lth We (3)aandhion.utal aranc p p p ycmr a.mn~asOnn paeauodo Wth a R"n 011 WTpunuan°aakmi apaate cwp,pQ,.
16. 2024 if all extensions are axasrc red p--°l Na;n'k of a:na„ana R Rasran D° and
a
3
H "ed lda,A , lC, sm�w dhaas apeclod a^u p°aaukuaddw rd,omberr° d;xad,°husion phd^ddadd kv rrvnewahll of 1hk Met
a ariaadurrarrd I,q,awsu yyp.^„u°e�euaaw:uaL as avaaurd°hhhudda°l lo cxlerr.udd I he ll.erin of this Lease Or an Maadchtlauura I a We (3)
adaurs suuidd d+:;du:uu d4d rraddarrdda, so adrraaa 'Ow auu„rururrahhdd;" adaam of adarw Lcda'v e &a i,o.il d then I�n July 16. 2029,
d adaharuda m7irr� with Oii. udrrauhurruaaad:m ddadde of bd, Louse for the C darrrS of Cout-Vi space pd aH exadanaddrn
pad a uos w are exercised., ,and
NUIEHEAS, ke Ipa`ariks desire u; again rr°a°nea,ar.this lease Rw an OMWd Tree (Y d,an am! Our
(4) months akw`dada a rh .av Vdll'➢"rrr$rllua6on d.dauw o drpp;y IN 2021 and
� , t y hw.aaiaad aar'uas:da.8hr&o�� du-r:duuddhrrhspp CAM,
`����lpya� Lessor Ilaua� a�u��.,udddd add9 dadruha�rw udda dauaw¢°uduu, uaiahmaaad�wd���.
airaaddLKI u, 'au)a;d daddddhauaauraad lease Wins fduaaaWllu Ow cuourvin labs» ddaarri+,wd %vhn',h tcrrrrr6natcs on March
W 2026, dhhua aaa duff"Wdd°h 'll 7 2026. uua.uw a°ew! auuut;rw.urr-N dad 150 paa: quuauue q"r„wdA pw°ic uuamuadu Alaadd
~apupat 'Q die rented wahehOLVI spa": W VL85 per squwe dpa A per r~rra(Mdu daalld aprrp.Ay Or adw uwwhawd:d
i`+h.rawnmddur g odwasrd,e spew w and
WFIERF,AS, ylriaa rrerrhil°all ,vaic),Leas drendrn arc lazed on a.a ypaaall %s ardall�adphve udpace dapabamgu d:wll ;Aad6
spaaaa o, R w t, 'asdauaA e:xd dawddd s adw 928 sq uar v dd..da C`°wd¢.°r"rrrrdare Sp,,m,:d wddd°aaardrr(M in the f arrupfdnul
Loot daUll wd'h4d'h no Irura rs dada➢'@g O'iarryd,:vw,d dya d da"m tiaYul 740 squarrr"di,` Tel r4„d4;arabd in the S^;"d,tim4,"d
a lil" da llullw q°li' rciyidd a tou'd outdoor a�N'dp�rr r" ud rta gi.y.d`o,,A 8,625 uw;adtrwra 'ijrj('j'
WHEREAS, LJ�:sauioir has u.. quud..me d to WOUd e the aanne seven and dda,e...ar rua@rs daemov d d.,ad' )
("'A N1 d d D�ara,auruuuawall rr°vrpa inc tease aaar oumn ami ua'r adaraa:amanciiiire: daaaud'r iri d he h.daa:rr°d�o
of Court d umc and drwa°ahei Wrraeawedd in Fourth a a"urd,:nddrrru uvh: W�u,,,:d
WHEREAS. Me punks We d"aauaaadd tlh^s w au Qa l Lease Qudten"r°rrra, as aamcnd.dd.d,, ada dads rrarrahua°�uadd�
henefichk and
WHEREAS p,d sedum and d,(-ss e to <hrriradod:d the MOraaad d.a.wod^ AgnomeM as rad.0 Awl Nad;wh,
NOW THIA . d;"Od dad, dame and in a°oilsi`idder'amaiu.m of rr'ruuw waad parddrarra,es cdduumunal hack and duaddo,
g,dwdadd �andd vadYraad?11e dddurrw6dderrk16'nl' adhd rua:u:,d.,dl°da a,an,and sufficiency of which am dwmd y Wdawk dppedd,
adud, p"kaa,riha `a IVsun i d°ov aana aaurhll 'gired, aaw d alddmda��w4;.
k V ur°aagnepada 2. d�aidn..,rrnd Ef�deN ��udulW. ul the4arrrrdd,Oarrd d.d w.uar�am "�greerrraa°r�a�a�, ark. �uriruaarruadaad, k
dud rr°d.drrpy auurudaaadWdaa.a.d adrr d„ a�darrd�d. adr u. :rrauh or adrd° a,au dpppiraaad d= Agwmnetn dd,uall puauacdar for an
a adddddil:'paauatrd adah e ( d) d d,arrrr H and fyauar 0) mdhraadr& "dada dic nvx win aid d,dmah°hma.rad c on Idadaarreb
17, "026, aher the dhnn err° expKia orr d9rraa�.�° �aad, N/hunch lap 21126, &, set doir h urra ad°i., Vldr d
rarrr endduaue aaR, arirad terrnhrate on drradad drra 20p21), uwrr'hdtwaaa ilerrradnaailvd:d c'anccr war"der other
prrn wrwudp s or die Wginad Lease A¢ rN„s#r"cnt, as aarrrrad rt da"d„d, rou t da We aiaime tams aV'if
edyukadua@0.drha as adaww Mrp;rra I drawrhst: Al,,,Ilad°r"rrNcnt Or 'S' iarar haddedd d"ctrciii,
, P au,upduaap.udh -u miens on .fl °riod, dml uell�hd d auupspduraad �a�kddu�da°aar�tau�.m ,as �arrad°a cledd is dad..rrdabya
ummd fdh dd adh p:hrda�ddddaaj for afar °.ad.dddhandarr9al have ( )did arrirs and Our awd d imwn has draaad°uusurdrrr paarhdmd,�d�
Ni d ich rm dpda4y doeerrd rsed:d in mead d'`d'wuuradt 'drruhd°n drriaum upon the aaarne ad..roraT•s and d'onddlaW.,
uk w„a"'t d"drru•ad,a drdaprrr,.
4
3. Paragiaph 5. It lij A the (higi"al Lease. as anvawkd. is herehy amoukd lo Akde a
provkhrr on amival rent increases and we At the amoutnt Wswu shall pay to IN Naar
im, fll�t- pretnisc,,s shaH he as ITANYwo Founton Thcninond We I Wn&vd I'Teen mW (HOMO
($1 C 1 15MOI LMHars per nt�.)nth fhr the Base Rent Rw IN: Mail wwaharNe spwu of 1605,
square fAl and Sevon Lawsm, we I hmdmd I b4l"ynmv: and 251100 ($7,331.25) per
ritorith for the iimqal of the surp)unding OWN spacu of U25 *Wwu NW. Rn as wual
combined base renw! arrnm of Averly-one'!to i sand Four WKY FonvWx and 25n(H)
($2 1.446,25) LhUns per rnom& ONT nwnuuy AllaSms of ksmy owed to Ussur
un,Jcii the t��,nrns or As Wase, as unicnded. are henin J",) I-Adchrional Rent-.
essee, slrafl ah,;o pay rnontf0y. WS /,01diflonal Rcrar a porhon of Oic,, Cq,.rinnir)rr Area
Nvlanloi'nartce (WS US Pmputy 11"s VInkl4jin an amorns L&mNen aml AvownKs
pervas (TWO Pw Te renwd "ambubc spee and SLUTOUlAng OWSW SMWS I XsSc-e
shawl theTehnc, pay (tree lhomnnd Wx Wrthed Fight and 47/100 ($1.608v$7) DAW pe�
mondi as the total CAS comw Ile W monthly rrmal Ne and C �kK cots Rw A
pnrccIs sluffl be 1,11'senty,three HAy4Nw and 72MM) (VUSTM Whim rwr
nwmT. with A ps ratan arts, effeefive as of Nbrch 17, 2026, Rw the loran connitencMg On
Wch 17. 2026. hrouoi Much 16. 2027,
&vat Inulpay, 'The 13ase Rent paymhmi Qvlrrrerr6 shark he annuaily a,sr, tlhc
andkersaydaw nth Te lxww Dann hy a mirdrinum Wiree percent(310). un hest the irading
twelvamwndh Wwurvwr Price Inds% ha PI) AnNNe is ovur three percul (311), hi %Qc[a
vvcra. the Base Rc,,ra shaH be invremed hy V UPI pomenwyg Awase up to a mHWann
dMOLUIt OffiWL)MCM (At TN: Leosor Ball condLW1 !is ainumd UPI rvvhcvv each year
between October I" amJ1 30 �,
1 Pamgmph 14. the (Afghtal Lcasa,�, ,,is arncnde�J, k he�0,'�Y d0etef"I in is
em day and nTlaccd wxu:h the foHwo,ing pnagr,,,ifd,c!
14, 31012MMUIS& WAg the wan ortHs UmWAOSVC UgMCS W bt�
krr the nunirrtenance and jankmial services of A amwo KAh intakr
and exuK of the leased Nernkcs. whih WSC(, UhhZe,",;, of the
hunAw by p,r mee. shall include hut not he htnited, (o nuflnil�a,hlnng anal rep"inIng,
Me A C01WRAning SYMML WWW WUMbing MPHA ekadnL JINhy. MAwky,
and wher An% nTakk For Lessee beW,,,.;, resporisHfle (�)r QaH mairsien,,,uuae,
I essc�r ha a, �,,qgrec d U; as s"en au" i nvownts purvm (75%) RT lb"he CAW
knes on all VarAv I enow SoU nut i aminWhi (hs: C,'0CFkH1 gkAkAdS OfJtS CaWf
Prem ses, vvith the exception of ove nArriming, which sh,,ffl be peilbrrneid hj:y
Lesson' AH 11"tahitenance "and 'j"initor4d service sl"raH he k:cnnpdeied NkJtfiin ,ilea
1`C,'AS0FUAbkp drnvfir,��ime" The f6retjohig provision Oic
anil/ut aLs other onwrts agme uy A resporsAble f6i, aia] R,aydrol ral
se"i vac of thc,, ulher areas ofthi., Propmy, Wove mint kgcp the PnNnises under
the sole tv,�e and connal of the Lessee At xid order mic! cinidfdon. AI tho end of'
the term of this Lcwr,e,ffic 7,rta, wrus; surreriderthe Prenikes Ri the Lessor in the
same qxd ors,fer and condhion as IA Pninimis raere on aw cmnmerwenua oF&C
to %vidi We inchsion oN men Ore as n")ted heduw h)
15. nor nal wear ovid Ic war' excepted The Ussee shall not ccyn'anit vvas,,fe on ffic
Prernisesw U°8cir, �naVnu?. n off"purna, a nIG.Ii`4ilhrrc olYl'the� Ptl"enikes. Afterty Vininatioin�a,
expsWwaua of Ms f;ease, the I ea,sce �,Iu fl pay Oic L ,;wawa the cost of any re pads
and WaaV,.q) uaece°rosaa""y` Ckr Wq.^"^"Ftti,ia'4.. a,pa+m° Pa° 4uta.u,,s to.,+ qfls m ffi4`Fl
C,uMa'A'ae➢tlti:eU'2"Nm of me p u.mwY^w1nad v ear',,In :p 'ka
3. Except as so Okath in p4ragraaphs p ihnma,p h .p of lKs pia:wiiM Aruaw:uaapaaaa°uaa to p a,a se
Au.;aw,emem. In all awalher rw,r<wpara°u: c OIfaa i w a nu:s ,arm!ca:;wualth ns of Ou:a aalgin al p,,ea a A grwnaent
spaued March 'll T 1021 ,-us 'in c,.aaawed, s1rall uuura°ak & Rd! We and QW,,.
6
I WtVNESS' W I I ER I M thc pan is have hem unh) sel their havids alki SCM I. UIC day a thl
yor RM Maw Ws' e
(SFAL)
AT�ITST: fl,["NN NIADOK, CLERK, LFSSLF,� BOARD 0F' C'()UN] Y
MC)NROL",
CIJUN Fly,
13y By
As f)f,,qn,oy (1crk 11,1,iyor /(J"udrper,axon
Duto
"ITNUSM MOOR: WANnd hwemment
Corporaflorl., 111c"
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._.. � dry�"� �� _A _ �"�:": � ""�"
Print Name RN% Nadu: e
de
jKg,jRM,C,r)UN'TY Ar�DWEY"fj OF FtGfi
(,
AS
rA
ONAMCA EVASOLFS
WMSTT,�l F?P
,
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name:-[Zo¢:Jda-iii-aJ Ilu--ivestimeiit(-.oi-poi-adoil, 111«:- _________----_________----_________----_________---_________----_____________
Vendor FEIN: 65 028�3�7
Vendor's Authorized Representative: -S-te-ve Neiiis�:)iii, Mk.e ���Iii-eskleiit -----------------------------------------------------------
(Name and Title)
Address:
- - -------------- ITV
---------- ---------------------------------------------------------------------------------------------------------------------------
City:JCa y-West ------------------State: --------------------------------Zip:_33040........................................
Phone Number: 305 294 0277
Email Address:shensongjw keywest..a s)m -------------
As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is
required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or
services in accordance with Section 787.06,Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threating to use physical force against any person;
2. Restraining, isolating,or confining or threating to restrain,isolate,or confine any person without lawful
authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or services are
pledged as a security for the debt, if'the value of the labor or services as reasonably assessed is not
applied toward the liquidation of the debt, the length and nature of the labor or service are not
respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported
passport, visa, or other immigration document, or any other actual or purported government
identification document,of'any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit;or
7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of'Section 893.03 to any person
for the purpose of'exploitation of'that person.
As a person authorized to sign on behalf'of Vendor, I certify under penalties of'perjury that Vendor does not use
coercion for labor or services in accordance with Section 787.06. Additionally,Vendor has reviewed Section 787.06,
Florida Statutes, and agrees to abide by same.
Certified By:-Steve-�R IhII----ens-o in---------------------------------------------------------------------------------------who is authorized to sign on
behalf'of'the above referenced company.
Authorized Signature: steve R.Henson,Vice President
Print Name:-SLev-e--I:::,,'--I,-Iells-olI
----------------------------------------------------------------------------------
6
GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: February 29, 2024
TO: Daryl Greenlee, Director
Fleet Management
Tania Stoughton
Fleet Management
FROM: Liz Yongue, Deputy Clerk
SUBJECT: February 21, 20234 BOCC Meeting
The following items have been executed and added to the record:
C13 2nd Renewal of the Agreement between Monroe County and Sunshine Gasoline
for Fuel Services.
C26 3rd Amendment to the Lease Agreement with Rockland Investment Corporation,
Inc. for the temporary Rockland Key Fleet Garage location, to extend the term for two years and
update other provisions of the Lease.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
9
THIRD AMENDMENTTO LEASE AGREEMENT
This Third Amendment to Lease Agreement is made and entered into this 21 st (lay of' FcbrUW'y
2024, between MONROE COUNTY ("L,essee"/ "County"), as political subdivision ofthe State
of Florida, whose aiddress is 1100 Simonton Street, Key West, Florida 33040, and
ROCKLAND INVESTMENT CORPORATION, INC (" L.essor"), a F"loricla Corporation,
aUthorized to do bUSitleSS in the State of Florida, whose principal address is 615-B United
Street, Key West, 1'°Ic6da, 33040.
WHEREAS, on the JV' day of"Marcia, 2021, the parties entered into as Lease Agreement I'm-the
lease of'certain property, improvements and structures situated at and commonly known as I I I
Overseas Highway, Unit No. 300, JZockland Key, Monroe County, Florida 33040, with VarcO
Identification No. 00122070-000200, ("Property"), tor use of` certain areas of tile Property to
provide a, warehouse unit and limited surrOUndinLI, land J'or use by tile C"OUrfly as U l0C,,1ti0n f6r fiats
fleet Department operations liar the Lower Keys area (()riginal Lease Agrecrncnt"), and
WHEREAS, the lerm in the Original lease Agreement was effective from March 17, 2021, to
March 16, 2023, and provided for three (3) additional one ( I) year extension periods after the
initial term ofthe L.ease, and
WHEREAS, oil the 15'�' clay ol"Noverriber, 2022, the parties entered into the First Amendment to
Lease Agreement which extended the term ofthe lease to March 16,2024, and adcledan additional
rental parcel at as monthly rate of Two '"I'liousand One Hundred and 00/100 (S2,100,00) L)ollars,
and
WHEREAS, oil the 15'k' day of February, 2023, the parties entered into a Second AniendlTient
which increased the 8111OUnt 01"warehouse space to include an additional 740 square lect 1`61- an
increase OfOlICT110LIsarldOne Hundred 'l"Iiirly-foLit-avid 42/100(SI,134.4,2) Dollars per month t6r
the rental lee and (_'ornmort Area Maintenance (,',osts((..',A.M.), plus utility expenses, and extended
the Original Lease Agreement term for one (I ) additional year with the new term to terminate oil
March 16, 2024, for all parcels; and
WHEREAS, the current term expires on March 16, 2024, and the [.ease, has two (2) remaining
one-year extension periods. t.essee has notified the Lessor that it seeks to extend the term ofthe
Lease and has requested at, this time to emcnd Im the remaining two (2)years, Lessor has agreed
to renew the lease for the additional tWO (2) year extension periods for all parcels under the same
ternis and conditions as the Original Lease Agreement, as amended, with a new termination (late
eat`March 16, 2026, and
WHEREAS, the pat-ties desire to Update other provisions of` the Original Lease Agreerroent to
update the address fort Lessee as to service ofTessor's invoices and to revise
paragraph to bring it current m(ith ("oUnty, State, or Federal I'Llies and regillations., and
WHEREAS, the parties have found this Agreement to be 11111tUally befleficial, and
WHEREAS, Lessor and Lessee agree to ailiend the ],ease as set fbi-th lict-cin,
10
NOW, THEREFORE, for and in consideration 01' MUtUal promises contained herein and other
good and valuable consideration, the receipt and AlflkieuC)' of'which are hereby acknowledged,
the parties hereto covenant and agree as follows:
I Paragraffli 2„ Term and Effective Date, ofthe Original Agreentent, as amended, is hereby
amended to extend the term ofthe Original Lease Agreement. 66rall parcels 1`61•the two(2)
years remaining PUrSUarn to the extension periods of Paragraph 3, with the new term to
cornmence oil March 17, 2024, and terminate on March I(), 2026, unless terminated earlier
under other provisions cif the Original Lease Agreement.
2, Paragraph 8, Paymetilt of Rent, ofthe Original Lease Agreernent, as arriended, is hereby
amended to retlect a new address, for Lessee 1'()r submission of invoices by Lessor, The
new address and sentence shall read as "L.,essor's invoice shall be submitted to the Fleet.
Management Departrnent, at 1100 Simonton Street, `quite 2-216, Key West, Florida
33040," 'T'he remaining provisions of Paragraph 8 shall remain the same.
I Paragraph 38, Nondiscrimination, of the Original Lease Agreement, as amended, is
hereby amended to replace Paragraph 38 with [lie l'ollowing:
3K Non(liscrimination
CONTRACTOR and ('0UNIN agree that there will be no discrimination against any
person, and it is expressly understood that, upon a detcrrilination by a Court ofccaripetent
Jurisdiction that discrimination has occurred, this Agreement autornatically ternlit):.Ites
WithOUt any further action on the part of any parly, effective the date of the Court order,
C I ONTRACTOR and C(: UNTY' agrees to comply with all Federal and Florida St',1111tes,and
all local ordinances,as applicable, relating to nondiscrimination, These include but aR,r101
limited to: 1) Title VII 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 origul
2) Title IX of thaw; Education Amendment off 972, as amended ('20 LISC ss. 1 fib 1-1683., 'and
1685-1686), which prohibits discrimination in employment on the basis of race, color,
religion, sex or national origin, 3) Section 504 of the Rehabili(ation Act of I 973, as
amended (20 t N SCI s. 794), which prohibits discrimination on the basis of'disability: of I Ire
Age Discrinii nation Act of 1975, as amended (42 USC ss, 6101-6107) which prohibits
discrimination oil the basis ot'age-, 5) Thc Drug AbUSC Office and Treamicint Act of' 1972
(PL 92-255), as amended, relating to nondiscrimination on the basis ofdrug abuse; 6) "I'lle
Comprehensive Alcohol Abuse and Aleohohsrn Prevention, Treatment and Rehibi I itall oil
Act oaf`1970(PI, 91-616), as amended, relating to nondiscrimination on the basis ofalcohol
abuse or alcoholism, 7) The public Health Service Act of" 1912, ss, 523 an(] 527 (42 USC
ss. 690dd-3 and 290ee-3),as amended, relating to confidentiality of'alcohol and(1111fIIIILISC
patient records-, 8) Title VIII ofthe Civil Rights Act of' 1968 (42 (JS(,,' s, 3601 cat serf,), as
amended, relating to nondiscrimination in the sage, renval or I inancing of housing" 9) The
Americans with Disabilities Act of 1990(42 USC s. 12 101 Note), as may be amended frolli
tittle to lime, relating tea nondiscrimination on the basis ot'disability: 10) Mcmroe County
Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex,
2
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age, and 1 ij Any other nondiscrimination provisions ill any l�cderal or
state statutes which may apply to the parties to, or the subject matter o1; this Agreement.
4. Except as set forth in Paragraphs I through 3 of this Third Amendment to Lease
Agreement, in all other respects,the terms and conditions ofthe Original Lease Agreement
dated March 17, 202.1, as amended., shall remain in full force and effect.
IN WITNESS W IEREOF, the parties have hereunto set their hams and seat, the day and
year first written above.
ri A�i''�
F:V1N MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
"� �r� �1, � ,,4✓✓ OF MONROE COUNTY, FLORIDA
EY
A Deputy Clerk Mayor/Chnirpel son
WITNESSES: LESSOR: Rockland Investment
Corporation, Inc,,
A Florida Corporation
Witness 1 '
<Sr�UF ? i�so n)
Witness 2 Print Name
Title"' - -rl
M
N O
MONROECOUNTY AITOR+7EY'5 OFFICECD
VED
--
C+J
PATRVA WLES p
DATE:
AS f2U.?4T1ORNY [+ r
L! v/ 3
12
.......................................................................................................................................................................
Adds extra bay 742 SF
increased rent of$1,132.42 plus
utilities
SECOND AMENDMENT TO LEASE AGREEMENT
This Second Amendment to Lease Agreement is made and entered into this 15th day of February
2023 between MONROE COUNTY("Lessee"/ "County"), a political subdivision of the State
of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
ROCKLAND INVESTMENT CORPORATION, INC ("Lessor"), a Florida Corporation,
authorized to do business in the State of Florida, whose principal address is 615-B United
Street, Key West, Florida 33040.
WHEREAS, on the 17t' day of March, 2021, the parties entered into a Lease Agreement for the
lease of certain property, improvements and structures situated at and commonly known as 111
Overseas Highway, Unit No. 300, Rockland Key, Monroe County, Florida 33040, with Parcel
Identification No. 00122070-000200, ("Property"), for use of certain areas of the Property to
provide a warehouse unit and limited surrounding land for use by the County as a location for its
Fleet Department operations for the Lower Keys area("Original Lease Agreement"); and
WHEREAS, the term in the Original lease Agreement was effective from March 17, 2021 to
March 16, 2023 and provided for three (3) additional one (1)year extension periods after the
term of the Lease; and
WHEREAS, on the 15t' day of November, 2022, the parties entered into the First Amendment
to Lease Agreement which extended the term of the lease to March 16, 2024 and added an
additional rental parcel at a monthly rate of$2,100; and
WHEREAS, Lessee, in its use of the Property, determined that it needed additional space to
conduct its Fleet Department operations; and
WHEREAS, Lessor had additional space located on the property currently being leased by
Lessee and that space is available for lease by Lessee; and
WHEREAS,the parties negotiated and reached a mutual understanding on or about January
2023, for Lessee to access and lease another 740 square feet at a rate of$1,134.42,plus utility
expenses,per month; and
WHEREAS, Lessor and Lessee agree that the lease term of the additional 740 square feet of the
Property will be effective immediately and will terminate on March 16, 2024, when the term of
the extension in the First Amendment to the Original Lease Agreement terminates; and
WHEREAS, the parties have found the Original Lease Agreement and First Amendment to be
mutually beneficial; and
WHEREAS, Lessor and Lessee agree to amend the Lease as set forth herein.
NOW, THEREFORE, for an in consideration of mutual promises contained herein and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties hereto covenant and agree as follows:
13
1. Paragraph 1, PREMISES, of the Original Lease Agreement, is hereby amended to
include an additional 740 square feet of warehouse space on Lessor's property. The terms
of the Original Agreement and First Amendment allow the exclusive use of certain other
areas of the building and/or surrounding property by the Lessor and/or its other tenants as
set forth in the Original Lease agreement.
2. Paragraph 2, TERM AND EFFECTIVE DATE,of the Original Lease Agreement and
First Amendment are hereby amended to include the lease for this additional 740 square
feet of warehouse space. The termination date for the Original Lease Agreement, First
Amendment and Second Amendment is March 16, 2024.
3. Paragraph 5, RENT, of the Original lease Agreement was previously Amended in the
First Amendment and is hereby amended a second time to include the additional monthly
rental payment and Common Area Maintenance Costs ("C.A.M.") for the additional 740
square feet. Lessee shall pay to Lessor an additional monthly rental of One Thousand
One Hundred Thirty Four Dollars and Forty Two Cents ($1,134.42), plus Utility
Expenses,per month. This amount shall be paid in addition to the payments required
under the Original Lease Agreement and First Amendment to the Lease Agreement.
4. Except as set forth in Paragraphs one through four of this Second Amendment to Lease
Agreement, in all other respects,the terms and conditions of the Original lease
Agreement dated March 17, 2021, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal,the day and
e .r_prst written above.
a�
�`'�f'`'Q
s
�� � 1✓ VIN MADOK CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE UNTY, FLORIDA
By
A Deputy Clerk ai an
%VtTNES S: LESSOR: Rockland Investment
Corporation, Inc.,
A Florida Corporation
�"" ,,:; ,: �• �C',CI,C� By c�Z� � r�12c2817i
c3
tness l.
Steve R. Henson
Witness 2 .- Print Name
Vice President
Luu�— Title
Approved as to fonn mid legal sufftci ncy
Monroe County Attorney's Office
Christina Cory,Assistant County Attorney Date: 1131/23 5*Yl
14
Adds 8,625 SF outside (Third Parcel)
rent is $2,000 plus CAM of$100 and extends
for 1 year to March 2024
......................................................................................................................................................................................................................................................................................................................................................................................................................................................FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to Lease Agreement is made and entered into on this 15,J, day of
November, 2022, by and between ROCKLAND INVESTMENT CORPORATION, INC. a
Florida Corporation, authorized to do business in the State of Florida, ("Lessor"),whose principal
address is 615-B United Street, Key West, Florida 33040, and MONROE COUNTY, a political
subdivision of the State of Florida, whose address is 11.00 Simonton Street, Key West, Florida
33040("Lessee"/'County").
WHEREAS, on the 1.7"1' day of March, 2021, the parties entered into a Lease Agreement
for the lease of that certain property, improvements and structures situated at and commonly
known as I I I Overseas Highway, Unit No. 300, Rockland Key, Monroe County, Florida 33040,
with Parcel Identification No. 00122070-000200, ("Property"), for use of certain areas of the
Property to provide a warehouse unit and limited surrounding land for use by the County as a
location for its Fleet Department operations for the Lower Keys area ("Original Lease
Agreement"); and
WHEREAS,the current initial term of the Original Lease Agreement was effective from
March 17, 2021,and terminates on March 16, 2023; and
WHEREAS,the Original Lease Agreement provides for three (3) additional one (1) year
extension periods after the initial term of the Lease; and
WHEREAS, during the term of this Lease, Lessee in its use of the Property, determined
that it needed additional outside parking space to conduct its Fleet Department operations; and
WHEREAS,Lessor had additional space located on the Property, which is adjacent to the
current Property being leased by the County, that was available for lease by Lessee; and
WHEREAS,the parties negotiated and reached a mutual understanding on or about May
2022,for Lessee to access and lease another 8,625 square feet of the Property for use by Lessee as
an additional outside parking area; and
WHEREAS, Lessor and Lessee agreed that the lease term of the additional 8,625 square
feet of the Property will be for eight(8)months with an effective date retroactive to July 17,2022,
and terminating on March 16, 2023, when the term of the Original Lease Agreement terminates;
and
WHEREAS,the initial term of the Original Lease Agreement expires on March 16, 2023,
and the Lessee has notified Lessor pursuant to the Original Lease Agreement that it seeks to extend
the tenn of the Lease and the Lessor has agreed to renew the lease for an additional one (1) year
extension period under the same terms and conditions as the Original Lease Agreement, which
shall also include the additional 8,625 square feet of the Property as set forth in this First
Amendment; and
15
WHEREAS, the parties have found the Original Lease Agreement to be mutually
beneficial; and
WHEREAS, Lessor and Lessee agree to amend the Lease as set forth herein.
NOW, THEREFORE, for and in consideration of mutual promises contained herein and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,the parties hereto covenant and agree as follows:
1. Paragraph 1,Premises,of the Original Lease Agreement,is hereby amended to include an
additional 8,,625 square feet of Lessor's property, which is situated adjacent to Lessee's current
leased area and is referred to herein as the"Third Parcel"and collectively known as the"Premises"
or "Sole Use Areas", as more particularly described on Exhibit "A — Revised", setting forth
Lessee's designated area of the parcel, attached to this First Amendment and made a part hereof.
This First Amendment also continues to allow the exclusive use of certain other areas of the
building and/or surrounding property by the Lessor and/or its other tenants as set forth in the
Original Lease Agreement.
2. Paragraph 2, Term and Effective Date, of the Original Lease Agreement is hereby
amended to include the lease term for this Third Parcel. The lease term for this additional Third
Parcel shall be for eight (8) months which shall commence retroactive to July 17, 2022, and
terminate on March 16,2023,in conjunction with the lease termination date of the term as set forth
in Paragraph 2 of the Original Lease Agreement, unless earlier terminated as provided in the
Original Lease Agreement.
3. Paragraph 5, Rent, of the Original Lease Agreement is hereby amended to include the
additional monthly rental payment and Common Area Maintenance Costs("C.A.M.")for the Third
Parcel, with both payments commencing retroactive to July 17, 2022. Lessee shall pay to Lessor
an additional monthly rental of Two Thousand and 00/100 ($2,000.00) Dollars as the Base Rent
for the Third Parcel. As"Additional Rent,"Lessee shall also pay monthly,a portion of the C.A.M.
costs in the amount of One Hundred and 00/100($100.00)Dollars per month for the Third Parcel.
Monroe County is exempt from sales tax. The total monthly rental payment for the Third Parcel
shall be Two Thousand One Hundred and 00/100 ($2,100.00) Dollars for the first eight-month
rental term,of this Third Parcel,in addition to the monthly rental payments as set forth in paragraph
5 of the Original Lease Agreement for the Main Parcel and Secondary Parcel.
4. Paragraph 2, Term and Effective Date, of the Original Lease Agreement, is further
amended to extend the term of this lease for an additional one-year period for the Main Parcel,
Secondary Parcel, and Third Parcel, with the new term to commence on March 17, 2023, and
terminate on March 16, 2024, unless earlier terminated as provided in the Original Lease
Agreement.
2
16
5: Except as set forth in Paragraphs one through four of this First Amendment to Lease
Agreement, in all.other respects, the terms and conditions of the.Original Lease Agreement.dated
March 17,2021,as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
-year first above written.
LESSOR:
ROCKLAND INVESTMENT
CORPORATION, INC.,
A Florida Corporation
WITNESS S:
By:
Print Name Print Name
l
Title !/
.Print ame
s '
� LESSEE:
p R:= S, 4 BOARD OF COUNTY COMMISSIONERS
VIN.MADOK, CLERK OF MONROE COUNTY, FLORIDA
y:. By:
As IfJputy Clerk o s
C
LL-
= 1.
MONROE COUPHY ATTORNEY'S OFFICE
+PATRICIA EABIES
C J
ASSISTRt�TOC �01�?ORNEY
C-3 DATE: _ 1
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17 _l
EXRIBIT"A—REVISED"
Lessee's Premises on the Parcel
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tour,
Kevin Madok, CPA
•'' = Clerk f the Circuit Court&Comptroller— Monroe County, Florida
Gam,, Cle o p tY
DATE: March 19, 2021
TO: KeNrin G. Nilson, PE
Assistant County Administrator
Suzanne Rubio
Executive Administrator
FROM: I'aniela G. Han( ck .C.
SUBJECT: Marcli 17' BOCC Meeting
Attached is an electronic copy of the following itein for your liandling:
0 R Lease Agreement with Rockland Investment Cor)oration, Inc-. (or a building and
ground space as ari interim Fleet Maintenance Facility on Rockland Key, at a cost of$103,257.00
per year [piers prorata share of property tax). Funding is from Fleet budget..
Should you liave any questions please feel free to contact me at (305) 292-3 50.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida:20 0
305-294-4641 305-289-6027 305-852-7145 305-852-7145
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into on this 17'h day of March,,202 1, by
and between ROCKLAND INVESTMENT CORPORATION, INC. a Florida Corporation,
authorized to do business in the State of Florida, ('*Lessor"), whose principal address is 615-B
United Street, Key West, Florida 33040, and MONROE COUNTY,a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 13040
("Lessee'7"Countv"), and.
WHEREAS, the County has negotiated with the Lessor for the lease of that certain
property, improvernents and structures situated at and coninionly known as I I I Overseas
Highway, Unit No. 300, Rockland Key, Monroe County, Florida 33040, with Parcel Identification
No. 001221070-000200, ("Property"), for use of certain areas of the Property to provide a
warehouse unit and limited surrounding land for use by the County as a location for its Fleet
Department operations for the Lower Keys area; and
WHEREAS,as a condition of the Lease pursuant to Paragraph I of this Lease Agreement.
the Lessor and Lessee agree that upon execution of the Lease, the Lessor and/or Lessor's other
tenants may retain use of certain other areas of the Property, in addition to the Use by the County
of the remaining areas, from the execution of the Lease date pursuant to the terms and conditions
as set forth in this Lease Agreement; and
WHEREAS, the Lessor desires to lease the herein described Property to the County and
retain the current use of other areas of the I I I Overseas Highway,Rockland Key Parcel to continue
in any current operations while the County Proceeds with its proposed use of its designated
Property, and
21
WHEREAS, the Lessee is willing to lease the Property for the purposes of Lessee's
operations and allow Lessor to retain control of certain other designated areas for its use during
the Lease term-,
NOW,THEREFORE, IN CONSIDERATION of the mutual promises and covenants set
forth below. the parties agrees as follows:
I. Premises. The Lessor does hereby lease to Lessee and Lessee leases from the
Lessor., the Property situated at and commonly known as 1,11 Overseas Highway, Rockland
Key, Monroe County, Florida 33040, and more particularly described as a total of 5,834 Sq.
ft_ which consists of 91-8 Sq. ft. oft flice Space and 3,654 Sq. ft. of Main Warehouse Space,
both of which are on the ground floor of the building. and 324 Sq. ft, of Security Storage Space
and 928 Sq, ft. of Mezzanine Storage Space. both of which are on the Second Floor of the
building, Plus an additional 59 feet of the surrounding outside property itninediately North of the
existing building, referred to herein as the "'Main Parcel". Plus all additional (,,,round area of 40
feet of the surrounding,outside property West of the building.referred to herein as the"Secondary
Parcel, and collectively known as the "Premises" or "Sole Use Areas", as niore particularly
described on Exhibit -A" setting forth Lessee's designated area of the parcel. attached to this
lease and made a part hereof. This Lease allows the continued exclusive use of certain other
areas of the building and/or surrounding property by the Lessor andior its other tenants.
2. Terin and Effective Date. Subject to and tipon the terms and conditions as set
forth herein, the initial term of this Lease shall be for two (2) years, with the term to conimence
on March 17, 2021, and terminate on March 16, 2023), unless earlier terminated as provided in
this agreement. Lessee shall take possession upon approval of this Lease Agreetnent by the
Board of County Coninlissioners to initiate the build-out and improvements that are required for
the Fleet Management operations on the Premises. The payment of rent shall commence at set
forth in Paragraph 8 herein,
Extension Period. There
shall be three (3) additional one (I) year extension
periods anticipated as part of this Lease with annual renewals after the initial term of this Lease,
upon approval of both parties, In the event that Lessee chooses to exercise its option to extend
the lease term, Lessee will notify Lessor ninety (90) days prior to the expiration of the Lease. in
writing, that it desires a renewal of the Lease- upon the same terms and conditions, as set forth
herein, and said Lease renewal shall be set forth in a written amendment to this I-ease.
4. Security Dgposit. No security deposit will be required, If the Lessee vacates or
abandons the Premises in violation of this Lease, any property belonging to the Lessee that the
Lessee leaves on the Premises shall be deemed to have been abandoned and may be retained by
the Lessor as property of the Lessor, or be disposed of at a public or private sale, provided that
Lessor first provides twenty (20) days' written notice to the Lessee and provides a reasonable
opportunity for Lessee to retrieve such property. Any proceeds Of Such sale. at the current fair
market value, may thereafter be applied by Lessor against: (11) expenses of the Lessor for
22
removing, storage or sale of the personal property. (2) the arrears of rent, or future rent, payable
Linder this Lease,and (3) any other damages to which the Lessor may be entitled hereunder. The
balance of any such amounts, of any, shall be given to the Lessee,
S. Rent. The amount Lessee shall pay to the Lessor for the Premises shall be as
follows.. Six Thousand Six Hundred Ninety-five and 00/100 ($6,695.00) Dollars per month as
the Base Rent for the Main Parcel and One Thousand Five Hundred and 00/100 ($1,500.00)
Dollars per month as the Base Rent for the Secondary Parcel. Other monetary obligations of
Lessee owes to Lessor under the terms of this Lease are herein referred to as "Additional Rent-.
Lessee shall also pay monthly, as Additional Rent, a portion of the Comnlon Area Maintenance
Costs (--C.A.M.), in the amount of five percent (5%) of the base rent for the Main Parcel in the
amount of Three Hundred Thirty-four and 75/00($334.75) Dollars per month,
6 Taxes. 'The Lessor shall pay all taxes and assessments, if any, including any sales
or use tax, levied by any governmental agency with respect to the Lessor's operations on the
Promises and ownership of the Property. Lessee is a political subdivision of the State of Florida
and is not obligated to pay any sales tax tinder this Lease Agreement, The ]eased Premises is a
newly created parcel within the entire Property so the Lessee's baseline prorata share of the taxes.,
is unknown at this time. Lessee agrees to pay Lessor, as Additional Rent, Lessee's proportionate
share of the tax expenses in monthly installments once the rate has been agreed upon by Lessor
and Lessee. Lessor shall furnish Lessee with a written Statement of the actual amount of Lessee's
proportionate share of the tax expenses and Lessee shall pay same as a part of its monthly payment
to Lessor for the base rent, C.A.M. costs, utilities, or any other such rent expense that may be due
to Lessor.
7. Utilities. Lessee shall be responsible for payment of all utilities on a monthly
basis, including but not limited to the following as necessary, water, electric, sewer, solid waste,
trash removal, telephone, Internet service, cable. LP gas, insect and rodent extermination, or other
stich similar utilities, as used or consumed by Lessee in the Premises. If any such services are to
be separately metered to Lessee- then Lessee shall be required to arrange and pay all charges
CUstornarily charged for connection of such services by the applicable provider thereof, including
connection fees, the cost of the meters therefore, and any required deposits or prepayments, In the
event separate bills are not obtainable for such utility expenses, Lessee shall pay to Lessor the
Lessee's proportionate share of such charges and expenses for its use and consumption, as billed
monthly by Lessor, and shall be referred to as Additional Rent.
8. Paymentof'Rent. "file payrnentof rent shall commence on May 1, 2021, or upon
Lessee actually commencing its daily Fleet Management operations, at the Premises, whichever
occurs first. Lessee shall pay to Lessor the Base Rent plus any other Additional Rent in lawful
money of the United States, without offset or deduction on a monthly basis. As a condition
precedent for any payment due under this Lease, the Lessor shall submit monthly, on or before the
fifth (5"')day of each month, unless otherwise agreed in writing by the Lessee, a proper invoice to
the Lessee requesting payment for the then applicable monthly Base Rent and any Additional Rent,
if applicable. 1-he Lessor's invoice steal] describe with reasonable particularity the aforementioned
information in order to necessitate payment by the Clerk of the Court. The Lessor's invoice shall
be accompanied by such documentation or data in support of the Base Rent and/or any Additional
23
Rent for is payment is sought as the Lessee may require. Lessor's invoice shall be submitted
to the Fleet Management, 3583 S. Roosevelt Blvd., Key West, Florida 33040. Payment of any
Base Rent or Additional Rent will be made pursuant to the Local Government Prompt Payment
act Section 218.70, Florida Statutes. Payment of Base Rent and Additional Rent shall be made to
Lessor at its address stated herein or to such other persons or at such other addresses as Lessor
may from time to time designate in writing to Lessee. Base Rent and Additional Rent are
collectively referred to as "Rent" or "rent". All monetary obligations of Lessee to Lessor under
the terms of this Lease are deemed to be Rent.
9. Insurance and Liabi i Lessor shall provide a commercial general liability
insurance policy with a coverage limit of no less than One Million and 00/100 ($1,000,000.00)
Dollars for the Property and its own operations. Lessor shall maintain its current property
insurance coverage on the entire Property insured for the full Replacement Value of the total
structure. Lessor and Lessee agree to waive coverage for wind or flood insurance by
either party. Lessee shall maintain sufficient insurance to insure the Lessee's contents
and any other personal property used by the Lessee in its Sole Use Areas and to protect
the Lessor and Lessee from all claims of property damage and personal injury, including
death, whether the claims are under the Worker's Compensation Act or otherwise, which
may arise from its operations under this Lease.
Lessee shall not occupy or use the dernised Premises or permit the to be occupied or used for
any business or purpose that would increase the premium for fire insurance on the building under
the normal rates applicable. Lessee agrees to be responsible and hold the Lessor ha less from
and against any and all loss, claims, liability or costs (including court costs and attorney's fees)
incurred by reason of Lessee's use of the property as an operations center for Lessee's Fleet
Department to the extent pennitted by Florida Statute Sec. 768.28. Notwithstanding anything
contained in this Lease to the contrary, Lessee, as a political subdivision of the State of Florida
does not waive and expressly reserves its sovereign immunity, except as provided in Florida
Statute, Sec. 768.28.
10. Mechanic's Liens. Lessee further agrees that Lessee will pay all of Lessee's
contractors, subcontractors, mechanics, laborers, material men and all others, and, subject to the
limitations set forth in Fla. Stat. Sec. 768.28, will indemnify Lessor against all legal costs and
charges, bond premiums for release of liens, and counsel fees reasonably incurred in the
commencement or defense of any suit by the Lessor to discharge any liens, judgments, or
encumbrances against the Premises caused or suffered by Lessee. It is understood and agreed
between the parties hereto that the costs and charges above referred to shall be considered as
additional rent due under this Lease, payable upon demand.
The Lessee herein shall not have any authority to create any liens for labor or material on
the Lessor's interest in the above- described property, and all persons contracting with the Lessee
for the of of work or the furnishing of any materials on or to the Premises, and all
materialmen, contractors, mechanics and laborers, are hereby charged with notice that they
must look to the Lessee only to secure the payment of any bill for work done or materials
furnished during the term of this Lease. Pursuant to Section 713.23, Fla. Stat., the liens
authorized in C . 713, Fla. Stat. does not apply to the Lessee.
4
r,
24
,IA'
11. RelationshiI2 of Parties. The Lessee is.and shall be an independent contractor
and not an agent or servant of the Lessor. The Lessee shall exercise control, direction, and
supervision over the rneans and manner that its personnel, agents, employees, and volunteers
perform the, work for which purpose this Lease is entered. The Lessee shall have no authority
whatsoever to act on behalf and for as agent for the Lessor in any promise, lease, or representation
other than specifically provided for in this Lease. 'The Lessor shall at no tirne be legally responsible
for any negligence on the part of the Lessee, its personnel, agents, employees, or volunteers
resulting In either bodily or personal injury or property damage to any individual, property, or
corporation.
12, Termination. This lease may be terminated at the discretion of the Lessor in
the following circumstances:
C,
A. Lessee fails to pay the rent when due
B. Lessee otherwise breaches the terms of this Lease, and
C, Lessor may terminate this Lease for convenience upon giving one hundred eighty
(180) days' prior written notice to the Lessee.
This Lease may be terminated by Lessee in the following circumstances:
A. The County of Monroe, or any other applicable governmental entity shall raise a
zoning challenge, in which case Lessee shall be entitled to terminate this lease
upon giving one hundred eighty (180) days' written notice to Lessor;
B. The County's perforniance and obligation to pay Under this Lease is contingent
upon an annual appropriation by the Board of County Commissioners and the
approval of the Board members at the time of the Lease initiation and its. duration.,
C The Lessee acquires adequate space in a County-owned or State-or vned building or
other real property sufficient to allow Lessee's current use of the Premises herein
to be transferred to such other COLinty or State owned property: and
D. Lessee may terminate this Lease for convenience upon giving I one hundred eighty
(180) days' prior written notice to the Lessee,
13. Uses. The Premises shall be used solely for the purposes of conducting the
Lessee's proposed Fleet services/activities related to its Fleet Department operations or other such
County uses. Lessee shall neither commit, nor permit waste of the demised Premises, shall use
with care and shall not destroy or remove without consent of the Lessor, any fiXtUres or
improvements of the Premises, Lessee shall not maintain, commit., or permit, the maintenance or
conk-nission of any nuisance on the Premises. Any damages resulting from misuse shall be borne
by the Lessee.
Lessee shall be permitted to erect signs on the Premises with prior permission of Lessor,
including but not limited to a sign containing the name of Lessee's operations. The Lessor's
decision on signage will be delivered no later than fifteen (15) days after the Lessee's request.
Lessor and/or its other tenants retain the right to display signage for its own purposes provided it
5
25
meets all legal requirements. Lessee shall not remove any interior or existing signs without
Lessor's consent/pen-nigsion.
14. Maintenance. During the term of this Lease'. Lessee agrees to be responsible
for the maintenance and janitorial services of all areas, both interior and exterior, of the leased
Premises, which Lessee utilizes, Lessee shall also maintain the exterior grounds of its leased
Premises. All maintenance and janitorial service shall be completed within a reasonable
tinieframe. The foregoing provision notwithstanding, the Lessor and/or its other tenants agree to
be responsible for maintenance and janitorial service of the other areas of the Property. Lessee
must keep thel"remises under the sole use and control of the Lessee in good order and condition,
C,
At the end of the term of this Lease, the Lessee must surrender the Premises to the l-essor in the
same, good order and condition as the Premises were on the commencement of the term, normal
wear and tear excepted.The Lessee shall not commit waste on the Premises,nor maintain or permit
a nuisance on the Premises. After termination or expiration of this Lease, the Lessee shall pay the
Lessor the cost of any repairs and clean-Lip necessary to restore the Premises to its condition at the
commencement of the Lease, normal wear and tear excepted.
15. LMprovements and B"airs. Lessee reserves the right from time to time to make
such improvements, alterations, renovations. changes and repairs in and about the Premises as
Lessee shall deeiri desirable; and Lessee shall make no claims against Lessor for the interference
with Lessee's leasehold interest, or loss of damages, to its operation during such improvements.
alterations, renovations, changes and repairs.
Lessee shall have the right at Lessee's own expense to improve or alter the interior and
exterior of the leased Premises, Any improvements or alterations proposed must first be submitted
in writing for approval by the Lessor. No improvernents or alterations shall be made without the
prior written consent of the Lessor, which consent shall not be unreasonably withheld. The
Lessor's decision on Lessee's request fear consent will be delivered no later than seven (7) days
after the delivery of the request. If no decision is issued, then the Lessor shall be deemed to have
consented. If Lessee's improvements or alterations result in the need to retrofit or alter the existing
structure, such additional work shall be at Lessee's expense,
Lessee covenants that any such improvements and alterations shall be made in a
workmanlike manner and in compliance with all federal, state, and municipal laws and
requirements, including all permits and approvals required in connection with any improvements,
alterations, or repairs,. Lessee's improvements or alterations erected or made on the demised
Premises shall, upon expiration or sooner termination of this Lease, belong to the Lessor.
With respect to repairs and/or replacement of all mechanical infrastructures, Lessee and
Lessor shall mutually agree that the repair and/or replacement is necessary. The Lessee shall bear
the first One Thousand and 00/100 ($1,000.00) Dollars of the cost of repair and/or replacement of
mechanical infrastructures.. Thereafter- the Lessor shall bear one hundred percent (100%) of any
6
cost of repair andJor replacement in excess of One]"housand and 001100 ($1,000.00) Dollars. For
purposes of this paragraph, the term "mechanical infrastructure" means the roof' and air
conditionin6p(heating systems, Except, as set forth herein, Lessee shall be responsible for
maintaining. repairing or replacing all existing electrical/plumbing Infrastructures and components
on or in the Premises.
16. Assipn ment. Lessee may not assign this Lease or assign or subcontract any of
its;obligations under this Lease without the prior written approval of the Lessor. All the obligations
ofthis Lease will extend to and bind the legal representatives, successors,and assigns of the Lessee
and the Lessor,
17. Subordination. This Lease is subordinate to the laws and regulations of`the
United States, the State, of Florida, and Monroe County, whether in effect on commencernent of
this Lease or adopted after that date,
18. Licenses. Lessee shall be responsible for and provide all licenses required by
all local, state. and federal agencies,
19. Premises to be Used for LawfulTurtrttses. Itis expressly coveiiantedbetween
the parties hereto that the Lessee will not use, suffer nor permit any person to use in any manner
whatsoever the leasehold property, nor any portion thereof, for purposes calculated 10 injure the
reputation of the leasehold property or of the neighboring property. nor for any purpose or rise in
violation ofthe laws ofthe United States,or of the State of Florida,or of the Ordinances of Monroe
County. Horida., or of the Ordinances of any applicable ix-runicipality. Lessee will keep and save
the Lessor forever harmless from any penalty or damage or charges imposed for any violation of
C,
an,),, of said laws, whether occasioned by neglect of Lessee and Lessee will indernriffi,and save and
keep harmless the Lessor against and from any loss, cost, damage, and expense arising out of any
JIM
accident or other occurrence, causing injury to any person or property whomsoever or whatsoever.
and due directly or indirectly to the use of the leasehold Premises or any Part thereof by Lessee,
--)0. Limitation of Lessor's Liabilitv. It is, further agreed that in no case shall the
Lessor herein be liable, tinder any express or implied covenants in the Lease, for any darriages
whatsoever to the Lessee beyond the rent reserved by the Lease accruing, for the act, or breach of
covenant, for which damages may be sought to be recovered against said Lessor. and that in the
event said Lessee shall be, ousted frorn the possession of said property by reason of any defect in
the title of said Lessor or said Lessor's authority to make this Lease, said Lessee shall riot be
required to pay rent under this Lease while it is so deprived of said property, and that said Lessor
.shall not incur any liability as a result of such ouster.
21. No Waiver of Breach, It is further mutually covenanted said agreed between the
parties hereto that no waiver of a breach of any of the covenants of this Lease shall be construed
to be a waiver of any succeeding breach of the same covenant.
I"i Lessor's Right of Entry, The Lessor reserves the right hereLInder to enter upon
the Premises at any reasonable time during normal operating hours for the purpose of inspecting
said Premises to detertnine whether Lessee has complied and is complying with the terms and
27
conditions of this Lease. The Lessee hereby agrees to keep the Premises at all times in a clean and
sanitary condition, and not to maintain or keep upon said Premises any properties or equipment
not used in connection with the operation of said business, unless authorized by the Lessor to, do
so.
23, Responsibility for Property on Leasehold. All property of any kind that may be
on the Premises during the term of this Lease shall be at the sole risk of the Lessee. The Lessor
shall not be liable to the Lessee or any other person for any injury, loss, or damage to property or
person on the Premises,
24. Damage to Leasehold. In the event that the demised Premises. or a major part
thereof, are destroyed by fire, stoma, or any other casualty. the Lessor at its option may forthwith
repair the damage to the Premises and any structures located thereon at its own cost and expense.
The rental thereon shall cease until the completion of such repairs. If Lessor exercises its option to
repair the Premises, Lessee agrees to assign its right to the insurance proceeds to the Lessor.
Z--
Condemnation. If the whole of the leased Premises, or such portion thereof as
will make the leased Premises unusable for the purposes leased hereunder, shall be taken by any
public authority under the power of eminent domain or sold to any public authority under threat
or in lieu of such take, the Term shall cease of the day possession or title shall be taken by such
public authority, whichever is earlier ('*Taking Date"), \vhereupon Rent shall be paid up the the,
"Faking Date with a proportionate refund by Lessor of any Rent paid for a period subsequent to the
W I
Taking Date, If less than the whole of the leased Premises, or less than such portion thereof as
wi I I make the leased Prem i sed unusable for the purposes leased hereunder,shall be taken,the Terns
shall cease only as to the part so taken as of the Taking Date, and Lessee shall pay Rent up to the
'Taking Date, with appropriate credit by Lessor (toward the next installment of Rent due from
Lessee) of any Rent paid for a period subsequent to the Taking Date. Base Rent and other charges
payable to Lessor shall be reduced in proportion to the amount of the leased Premises taken. All
compensation awarded or paid upon a total or partial taking of the leased Premises including the
value of the leasehold estate created hereby shall belong to and be the property of Lessor without
any participation by Lessee; Lessee shall have no clairn to any such award based on Lessee's
leasehold interest, Ho�N!ever, nothina contained herein shall be construed to preclude Lessee, at its
cost, from independently prosecuting any clairn directly against the condemning authority in such
condemnation proceeding,for damage to, or cost of removal of, stock, trade fixtures, furniture, and
other personal property belonging to Lessee, improvements, paid for by Lessee, and moving and
other reasonable relocation expenses; provided., however. that no such claim shall diminish or
otherwise adversely affect Lessor's award.
26. Estoppel Certificate. Lessee shall, at any tirrie and from time to time, within ten
(10) business days,after written request by Lessor, execute, acknowledge and deliver to Lessor, or
its mortgagee or trustee, a statement in writing duly executed by Lessee (i) certifying that this
Lease is in full force and effect (if that be the case) without modification or amendment (or. if
there have been any modifications or amendments, that this Lease is in full force and effect as
modified and amended and setting forth the triodifications and amendments), (ii) certifying the
dates to which rental have been paid.and (iii) either certifying that to the knowledge of the Lessee
no default exists under this Lease or specifying each such default; it being the intention and
28
agreement of Lessor and Lessee that any such statement by Lessee may be relied upon. by a
prospective purchaser or a prospective or current mortgagee of the leased Premises. or by others,
in any matter affecting the leased Premises.
Z11
2 7 ffights Reserved. Rights not specifically granted to Lessee by this Lease are
reserved to the Lessor.
28. Indemnification/Hold Harmless. Subject to and without waiving the protections
of Section 768.28, Florida Statutes, Lessor and I-essee shall each indemnify, defend, and hold
harmless the other party and the other party's employees, agents, guests, invitees, and contractors,
(the*'Indemnified Parties") frorn and against any and all loss, damage, claim,deiriand, liability or
expense (including reasonable attorneys' fees) resulting frorn claims by third parties and based on
any acts or omissions(specifically including negligence and the failure to comply with this Lease)
of the Indemnitor, its employees, agents, guests, invitees, and contractors and only to the extent
caused in whole or in part by acts or omissions of the Indernnitor, its employees, agents, guests.
invitees,and contractors regardless of whether the claim is caused in part by any of tile Indemnified
Parties. When any claim is caused by the int acts or omissions I j oi nissions of the Indemn,itor and the
indemnified Parties, the Indemnitor's duties under this paragraph shall be in proportion to the
Indernnitor's allocable share of the joint liability.
2 , Governing Law, Venue, and Interpretation. This Lease shall be governed by
and construed in accordance with the IaNvs of the State of Florida applicable to contracts made and
to be perforated 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, the Lessor and Lessee
agree that venue will lie in tile 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 by or between any of them the issue shall be Submitted to mediation prior to
the institution of any other administrative or legal proceeding.
30. Forcemajeure, Any prevention,delay, or stoppage due to strikes, lockouts, labor
disputes, acts of God, including inclement weather and/or periods of rain or other weather
conditions, inability to obtain labor or materials, or reasonable substitutes therefore, governmental
restrictions or requirements. governmental regulations, governmental controls, inability to timely
obtain governmental approvals, failure of power,riots, insurrection, ware or other enemv or hostile
oovernment action,, civil commotion, fire or other casualty, early closure of asphalt plants, and
other causes beyond the reasonable control of tile party obligated to perform. shall excuse the
performance by such party for a period equal to any such prevention,delay, or stoppage, including
the obligations of Lessor to deliver the leased Premises,. The foregoing force majeure provisions
are inapplicable to any payments of money due under this Lease
3 1, Severabillily. If any term, covenant, condition, or provision of this Lease (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by to court of competent Jurisdiction, the remaining terms, covenants, conditions, and
9
"A2 9
f provisions of this I-ease. shall not be affected thereby and each remaining term. covenant,
condition, and provision of this Lease 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 would prevent the accomplishment of the original intent of this Lease.
The Lessor and Lessee agree to reforrn the Lease to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
`1 Attornev's Fees and Costs. 'The Lessor and Lessee agree that in the event any cause
of action or administrative proceeding is initiated or defended by ally party relative to the
enforcement or interpretation of this Lease Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs. investigative, and out-of-pocket expenses, as an award
against the non-prevailing partly, and shall include attonley's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Lease shall be in accordance with the Florida Rules of Civil Procedure and usual
and customary procedures required by the circuit court of Monroe County,
3 3 Binding Effect. The terms, covenants, conditions, and provisions of this Lease
shall bind and inure to the benefit of the Lessor and Lessee and their respective legal
representatives, successors, and assigns,
34. Authoritv. Each party represents and warrants to the other that the execution,
delivery and performance of this Lease have been duly authorized by all necessary County and
corporate action, as required by law.
3 5, Claims for Federal or State Aid. Lessor and Lessee agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Lease- provided that all applications., requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
'3 6. Adjudication of DisLlutes or Disagreements. Lessor and Lessee agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions between
re,l.)resentativesofeacl,ioftlieparties. 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 or by Florida law.
37. Cool!,cration, In the event any administrative Or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this Lease.
Lessor and Lessee agree to participate,to the extent required by the other party, in all proceedings.,
hearings, processes, rilectings, and other activities related to the substance of this Lease or
provision of the services under this Lease. Lessor and Lessee specifically agree that no party to
this Lease shall be required to enter into any arbitration proceedings related to this Lease.
18.
Nondiscrimination. Lessor and Lessee agree that there will be, no discrimination
ag
ainst gainst any person. and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Lease automatically terminates
10
30
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 V11 of the
Civil Rights Act of 1964 (Pl- 88-352) which prohibits discrimination in employment on the basis
of race, color, religion,sex, and 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 ainended (20 USC s. 794). which
prohibits discrimination on the basis, of handicaps; 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 Of 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. 52') and
527(42 USC ss. 690dd-3 and 290ee-1), as amended,relating to confidentiality of alcohol and drug
abuse patient records 8) Title V111 of the Civil Rights Act of 1968 (42 USC s.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 s. 12 101 Note), as may be amended from time
to tithe,relating to nondiscrimination on the basis of disability; 10) M onroe County Code, Chapter
14, Article 11, which prohibits discrimination on the basis ofrace, color, sex, religion, disability.
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 pat-ties to, or the subject matter of, this Lease.
39. 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, and that the only interest of each is to perform and receive
benefits as recited in this Lease.
40. Code of Ethics. Lessee agrees that officers and employees of the Lessee recognize
and will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112313, 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.
41. No Solicitation/Pavment. 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
%N-orkinu solely for it, to solicit or secure this Lease and that it has not paid or agreed to pay any
person, company, corporation, individual, or firer, 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. For the breach or violation of this provision, the Lessee
agrees that the Lessor shall have, the right to terminate this Lease without liability and, at its
discretion, to offset frorn monies owed, or otherwise recover, the full armount Of Such fee,
commission, percentage, gift, or consideration.
31
42. Public Access. The Lessor and Lessee shall allow and permit reasonable access
to, and inspection of, all documents, papers. letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Lessor and Lessee in conjunction with this Lease; and the Lessee shall have the right to unilaterally
cancel this Lease upon violation of this provision by Lessor.
43, Non-Waiver of Immunity. Notwithstanding the provisions of Chapter 768.1-8,
Florida Statutes,the participation of the Lessor and Lessee in this Lease and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local govertirrient liability
insurance pool coverage shall not be deerned 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.
44. Lcggaj Oblip 11 1- ations and Responsibilities. Non-Delegation of ConStitL to a or
Statutory Duties. This Lease is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to
the extent of actual and tin-rely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this Lease
is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the Lessee, except to the extent pertnitted by the Florida constitution, state
statute, and case law.
45,. Non-Reliance bv Non-Parties. No person or entity shall be entitled to rely upon
the terms, or any of them, of this Lease to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or prop rain 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 separate and
apart, inferior to. or superior to the community in general or for the purposes contemplated in this
Lease,
46. No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe
County in his or her individual capacity, and no member, Officer, agent, or employee of Monroe
County shall be liable personally on this I-ease or be subject to any personal liability or
accountability by reason of the execution of this Lease.
47, Execution in Counternarts. This Lease may be executed in any nUrnber 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 by
signing any such counterpart,
48. Section Headings. Section headings have been inserted in this Lease as a matter
of convenience of reference only, and it is agreed that such section headings are not a part of this
Lease and will not be used in the interpretation of any provision of this Lease.
32
49. Motu alReview, This Lease has been carefully reviewed by Lessee and Lesson,
therefore this Lease is not to be construed against either party on the basis of authorship.
50. Notices. Any written notice or correspondence given pursuant to this Lease shall
be sent by United States Mail, certified, return receipt requested, or by courier with proof of
delivery. The place of giving Notice shall remain the same as set forth herein until changed in
writing in the manner provided in this paragraph. Notice is deemed received when hand delivered
by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date
of refusal or non-acceptance of delivery. Notice shall be sent to the following persons:
LESSEE LESSOR;
County Administrator Rockland Investment Corporation, Inc.
Monroe County Atm.: Steve R. Henson
I 100 Sinionton Street 615-B United Street
Room2-205 Key West, Florida 33040
Key West, Florida 33040
And
County Attomey
Monroe County
I I I I 12'h Street
Suite 408
Key West, Florida 33040
51. Cumulative Remedies.. No remedy or election hereunder shall be deemed exclusive
but shall, wherever possible, be cumulative with all other remedies in law or in equity.
51 EUjjELABement, This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandi jigs, oral or written,
with reference to the subject matter hereof that are not merged herein and superseded hereby. Any
ainendment to this Lease shall be in writing, approved by the Board of County Commissioners,
and signed by both parties before, it becomes effective,
[REMINDER OF PAGE INTENTIONALLY LEFT BLANKII
13
33
IN WITNESS WHEREOF. the parties hereto have set their hands and seals the day and
year first above written.
LESSOR:
ROCKLAND INVESTMENT
CORPORATION, INC„
A Florida Corporation
WITNESSES:
By:
_ 14FAI J-a AI
Print Name Print Rune
Title ZZ/1'e
Print Name
� t LESSEE:
!= BOARD OF COUNTY COMMISSIONERS
KEVIN MADOK.CLERK OF MONROE COUNTY. FLORIDA
c1
'`mar
By: h-wwG, By:
As putt'Cleric Mayor/Chairperson
- rn
%@OffM C*UNW AMM EV IS OFPCE
RA�IMG�II6A�LE8
�satsr►w�r rrorOOEr
14
34
EXHIBIT 44At$
Lessee's Premises on the Parcel
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LEVEL 2 ` LOFT LEVEL 1 �>..
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