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10/16/2002 Agreement Clerk ollbe Circul coun Danny L. Kolhage Clerk ofthe Circuit Court Phone: (305) 292-3550 FAX: (305) 295-3663 e-mail: phancock@monroe-clerk.com Memnranlium TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Administrative Assistant Public Works Division FROM: Pamela G. Han~ Deputy Clerk lY DATE: January 31,2003 At the October 16, 2002, Board of County Commissioner's meeting the Board granted approval and authorized execution of Lease Agreement No. 800:0266 and Lease Amendment No. I between Monroe County and the Department of Management Services, Department of Juvenile Justice to occupy approximately 2,525 square feet of useable office space on the second floor of the Juvenile Justice Building at a rate of$16.68 per square foot. At the January 15,2003, meeting the Board granted approval and authorized execution of a Lease Amendment between Monroe County and the Department of Juvenile Justice, Division of Key West, and Bureau of Circuit 16, to omit the Indemnification and Hold Harmless statement from the original Lease document (approved at the October 16, 2002 BOCC meeting). Enclosed are three duplicate originals, executed on behalf of Monroe County, for your handling. Please be sure that the fully executed "Monroe County Clerk's Office Original" and the "Monroe County Finance Department's Original" are returned to our office as soon as possible. Should you have any questions please do not hesitate to contact this office. cc: County Administrator w/o documents County Attorney Finance File / M~'~mjtt, ~')r~~]~';~':'1m(!'~ Origina! STATE OF FLORIDA . DEPARTMENT OF MANAGEMENT SERVICES LEASE AGREEMENT ZONE: 17 THIS LEASE AGREEMENT, entered into this 1daYOf party of the second part, hereinafter called the Lessee, WIT N E SSE T H: That the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by the Lessee, has demised and leased to the Lessee, for the term and under the conditions hereinafter set out, those certain premises in the Monroe County Detention Center Name of Building) Kev West. (City) 33041-1980 (Zip Code) Monroe . described as follows: (County) 2,525 square feet of office space on 2nd floor at 5503 College Road - Key West, Florida 33040 which shall constitute an aggregate area of 2.525 square feet of net rentable space measured in accordance with the Department of Management Services' Standard Method of'Space Measurement, and which comprises approximately .013 % ofthe 188.000 net square feet in the building at the rate of$ 16.68 per square foot per year. The Lessor shall also provide no assil!ned parking spaces for the non-exclusive use of the Lessee as part of this lease agreement. I TERM TO HAVE AND TO HOLD the above described premises for a term commencmg on the 1st day of November.2002 to and including the 31st day of October. 2007 II RENTALS The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above described premises for the term set out in this lease and the Lessee agrees to pay the Lessor the sum of (see addendum A) per month for the rental period described in Article I of this lease. The rent for any fractional part of the first month shall be prorated. The rent shall be payable the month following the month of occupancy in accordance with Section 215.422, Florida Statutes. The rentals shall be paid to the Lessor at Monroe County Board of County Commissioners P.O. Box 1980 (Address) Kev West. Florida (City) 33041-1980 (Zip Code) III HEATING, AIR CONDITIONING AND JANITORIAL SERVICES 1.a. The Lessor agrees to furnish to the Lessee heating and air conditioning equipment and maintain same in satisfactory operating condition at all times for the leased premises during the term of the lease at the expense of the Lessor. b. The Lessor agrees to maintain thermostats in the demised premises to achieve an average zone temperature of 75 degrees Fahrenheit during the heating and cooling seasons and certifies that boilers herein have been calibrated to permit the most efficient operation. Page 1 of5 FM 4054 (R07/01) Lease No.: 800:0266 *2. The Lessor agrees to furnish janitorial services and all necessary janitorial supplies including the provision of recycling trash disposal for the leased premises during the term of the lease at the expense of the Lessor. 3. All services required above shall be provided during the Lessee's normal working hours, which are normally from 7:30 a.m. to 5:30 p.m., Monday through Friday excluding state holidays. IV LIGHT FIXTURES 1.a. The Lessor agrees to install in the demised premises light fixtures for the use of the Lessee. *b. The Lessor shall be responsible for replacement of all bulbs, lamps, tubes and starters used in such fixtures for the purpose of furnishing light. 2. The Lessor certifies that the lighting levels within the demised premises are maintained at and do not exceed the following levels: 10 foot-candles in halls and corridors; 30 foot-candles in other public areas; a minimum of 50 foot-candles in office, conference rooms, and other levels as set forth in the State Energy Management Plan, Volume II, Section F. V MAINTENANCE AND REPAIRS 1. The Lessor shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this lease, keep the interior of the demised premises in as good a state of repair as it is at the time of the commencement of this lease, reasonable wear and tear and unavoidable casualties accepted. 2. The Lessor shall maintain and keep in repair the exterior of the demised premises during the term of this lease and shall be responsible for the replacement of all windows broken or damaged in the demised premises, except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agents or employees. 3. The Lessor shall maintain the interior and exterior of the demised premises including grounds and parking area so as to conform to all applicable health and safety laws, ordinances and codes which are presently in effect and which may subsequently be enacted during the term of this lease and any renewal periods. 4. The Lessor agrees to furnish pest control services for the leased premises during the term of the lease at the expense of the Lessor. VI*UTILITIES That the Lessor will promptly pay all gas, water, sewer, solid waste, power and electric light rates or charges which may become payable during the term of this lease for the gas, water, sewer and electricity used and disposal of solid waste generated by the Lessee on the premises; and if the lease is for 5,000 square feet or greater, separately metered for all energy and fuels which may be consumed by Lessee, alone, Lessor will provide Lessee, in a form and manner agreed upon, timely and accurate data on Lessee's monthly consumption or use of electricity, natural gas, LP gas and/or fuel oil, as appropriate, pursuant to Section 255.257, Florida Statutes. VII ACCESSIBILITY STANDARDS AND ALTERATIONS 1. The Lessor agrees that the demised premises now conform, or that, prior to Lessee's occupancy, said premises shall, at Lessor's expense, be brought into conformance with the requirements of the Florida Americans With Disabilities Accessibility Implementation Act, Section 553.501 - 553.513, Florida Statutes, and the current Florida Disability Code for Building Construction, providing requirements for persons with disabilities and with the requirement of Public Law 101-336, enacted July 26, 1990, effective January 26, 1992, Section 28 CFR Part 35 and Appendix to Section 36 CFR Part 1191, Known as the "Americans with Disabilities Act of 1990." 2. That the Lessee shall have the right to make any alterations in and to the demised premises during the term of this lease upon first having obtained the written consent thereto of the Lessor. The Lessor shall not capriciously withhold the consent to any such alterations. *These are the only Articles in which the word "Lessor" can be changed to "Lessee" by the Lessee without authorization from the Division of Facilities Management. (Rule 60H-1.003 Florida Administrative Code) Page 2 of 5 FM 4054 (R07/01) Lease No.: 800:0266 VIII INJURY OR DAMAGE TO PROPERTY ON PREMISES All property of any kind that may be on the premises during the continuance of this lease shall be at the sole risk of the Lessee, and except for any negligence of the Lessor, the Lessor shall not be liable to the Lessee for loss or damage to the property. IX FIRE AND OTHER HAZARDS 1. In the event that the demised premises or the major part thereof, are destroyed by fire, lightning, storm or other casualty, the Lessor at its option may forthwith repair the damage to such demised premises at its own cost and expense. The rental thereon shall cease until the completion of such repairs and the Lessor will immediately refund the pro rata part of any rentals paid in advance by the Lessee prior to such destruction; should the premises be only partly destroyed, so that the major part thereof is usable by the Lessee, then the rental shall abate to the extent that the injured or damaged part bears to the whole of such premises and such injury or damage shall be restored by the Lessor as speedily as is practicable and upon the completion of such repairs, the full rental shall commence and the lease shall then continue the balance of the term. 2. The Lessor shall provide for fire protection during the term of this lease in accordance with the fire safety standards of the State Fire Marshal. The Lessor shall be responsible for maintenance and repair of all fire protection equipment necessary to conform to the requirements of the State Fire Marshal. The Lessor agrees that the demised premises shall be available for inspection by the State Fire Marshal, prior to occupancy by the Lessee, and at any reasonable time thereafter. 3. The Lessor certifies that no asbestos was used in the construction of the demised premises or that if asbestos was used, actions have been completed to correct the hazards caused by the use of asbestos. 4. The Lessor certifies that if any radon is present, it is at a measurement level less than 4 PCI/L. X EXPIRATION OF TERM At the expiration of the term, the Lessee will peaceably yield up to the Lessor the demised premises in good and tenantable repair. It is understood and agreed between the parties that the Lessee shall have the right to remove from the premises all personal property of the Lessee and all fixtures, machinery, equipment, appurtenances and appliances placed or installed on the premises by it, provided the Lessee restores the premises to as good a state of repair as they were prior to the removal. XI SUBLETTING AND ASSIGNMENT The Lessee upon obtaining written consent of the Lessor, which written consent shall not capriciously be withheld, shall have the right to sublet all or any part of the demised premises or to assign all or any part of the demised premises. XII NOT CONSENT TO SUE The provisions, terms or conditions of this lease shall not be construed as consent of the State of Florida to be sued because of said leasehold. XIII WAIVER OF DEFAULTS The waiver by the Lessee of any breach ofthis lease by the Lessor shall not be construed as a waiver of any subsequent breach of any duty or covenant imposed by this lease. XIV RIGHT OF LESSOR TO INSPECT The Lessor, at all reasonable times, may enter into and upon the demised premises for the purpose of viewing the same and for the purpose of making any such repairs as they are required to make under the terms of this lease. XV BREACH OF COVENANT These presents are upon this condition, that, except as provided in this lease, if the Lessee shall neglect or fail to perform or observe any covenant herein contained, which on the Lessee's part is to be performed, and such default shall continue for a period of thirty (30) days after receipt of written notice thereof from the Lessor to the Lessee, then the Lessor lawfully may, immediately, or at any time thereafter, and without further notice or demand, enter into and upon the demised premises, or any part thereof, and repossess the same as of their former estate and expel the Lessee and remove its effects forcefully, if necessary, without being taken or deemed to be guilty of any manner of trespass and thereupon this demise shall terminate but without prejudice to any remedy which might otherwise be used by the Lessor for arrears of rent or for any breach of the Lessee's covenants herein contained. Page 3 of5 FM 4054 (R07/01) Lease No.: 800:0266 XVI ACKNOWLEDGMENT OF ASSIGNMENT That the Lessee upon the request of the Lessor shall execute such acknowledgment or acknowledgments, or any assignment, or assignments, of rentals and profits made by the Lessor to any third person, firm or corporation, provided that the Lessor will not make such request unless required to do so by the Mortgagee under a mortgage, or mortgages executed by the Lessor. XVII TAXES, INSURANCE AND COMMISSIONS 1. Lessor shall pay all real estate taxes and fire insurance premiums on the demised premises. Lessor shall not be liable to carry fire insurance on the person or property of the Lessee or any other person or property, which may now or hereafter be placed in the demised premises. 2. Lessor agrees, covenants, certifies and warrants to Lessee that no portion of the rent payable pursuant to Article II of this Lease Agreement is at an increased rate, above the going rate of the building, based on or attributable to any commission or fee which is paid or is payable by Lessor as the result of Lessor's having utilized or contracted for the services of any real estate broker, salesman, agent or firm in any aspect of Lessor's dealings or any dealings involving the leasing of the demised premises to Lessee. XVIII AVAILABILITY OF FUNDS The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. F.S.255.2502. XIX USE OF PREMISES The Lessee will not make or suffer any unlawful, improper or offensive use of the premises or any use or occupancy thereof contrary to the laws of the State of Florida or to such Ordinances of the City and/or County in which the demised premises are located, now or hereinafter made, as may be applicable to the Lessee. XX RENEWAL The Lessee is hereby granted the option to renew this lease for an additional 2 - 5 year terms upon the same terms and conditions or as specified on attached addendum. If the Lessee desires to renew this lease under the provisions of this Article, it shall give the Lessor written notice thereof not more than six months nor less than three months prior to the expiration of the term provided in Article I of this Lease or any applicable renewal period. XXI RIGHT TO TERMINATE The Lessee shall have the right to terminate, without penalty, this lease in the event a State owned building becomes available to the Lessee for occupancy during the term of said lease for the purposes for which this space is being leased in the County of Monroe, Florida, upon giving six (6) months advance written notice to the Lessor by Certified Mail, Return Receipt Requested. XXII NOTICES AND INVOICES All required notices to be served upon the Lessor shall be by Registered or Certified Mail, Return Receipt Requested at: 3583 S. Roosevelt Boulevard Key West (Street) (City) 33040 (Zip Code) All required notices to be served upon the Lessee shall be by Registered or Certified Mail, Return Receipt Requested at: 2737 Centerview Drive - Suite 114 - Tallahassee, (Florida) (Street) (City) 32399-3100 (Zip Code) Invoices, in triplicate, shall be submitted monthly to: Finance & Accountin2 - 2737 Centerview Drive Tallahassee. Florida 32399-3100. XXIII DEFINITION OF TERMS (a) The terms "lease," "lease agreement," or "agreement" shall be inclusive of each other and shall also include any renewals, extensions or modifications of this lease. (b) The terms "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto. (c) The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits. (d) XXIV ADDITIONAL TERMS (Check One) ....K..All additional covenants or conditions appear on attached Addendum(s) A. B. C. D. E. F & Amendment 1 _No additional covenants or conditions form a part of this lease. Page 4 of 5 FM 4054 (R07/0l) Lease No.: 800:0266 IN WITNESS WHEREOF, the parties have executed this instrument the day and year above written. ANY LEASE SHALL NOT BECOME LEGALLY EFFECTIVE, UNTIL APPROVEDI ACCEPTED BY THE DEPARTMENT OF MANAGEMENT SERVICES. ORIGINAL SIGNATURES RE DIRED ON ALL COPIES Signed, sealed and delivered in the presence of: LESSOR, IF INDNIDUAL (S): Witness Signature Print or Type Name of Witness (SEAL) Witness Signature Print or Type Name (SEAL) Print or Type Name of Witness AS TO LESSOR Signed, sealed and delivered in the presence of: ~~(L~.~~~ Witness Signature Isabel C. DeSantis . t or Type Name ofWitn e> WI ess ture Ja queline A. Clynes Print or Type Name of Witness mc~~~~mt~ Si , sealed and delivered in presence of: Print or Type Name Name of Corporation, Partnership, Trust, etc.: U- fo- <J: Cl LESSEE: STATE OF FLORIDA DEPARTMENT OF JlNENILE JUSTICE By: ar Ochalek Chief Print or Type Name Bureau of Contractinl! & Purchasinl! Print or Type Title l() Print or Type Name of Witness AS TO LESSEE Approved As To Conditions and Need Therefor DEPARTMENT OF MANAGEMENT SERVICES Approved As to Form and Legality, Subject Only To Full and Proper Execution by the Parties Approved As to Form and Legality, Subject Only To Full and Proper Execution by the Parties , Chief Bureau of Real Property Management GENERAL COUNSEL DEPARTMENT OF MANAGEMENT SERVICES , Director Division of Facilities Management Print or Type Name ASSISTANT GENERAL COUNSEL DEPARTMENT OF JUVENILE JUSTICE By: 11ft, -<" tJ,.J ki berlv Sisko~t{t- Print or Type Name By: APPROVAL DATE: Approval Date: Approval Date: 3 Page S ofS FM 4054 (R07/0 1) DEPARTMENT OF JUVENILE JUSTICE Lease No. 800-0266 Location: Kev West Rental Rate - 2,525 square feet/net rentable Addendum A 1 RENTAL RATES: The Lessor shall be paid by the Lessee the following rates for the terms as specified below: First Year Second Year Third Year Fourth Year Fifth Year FM 4054 (R0510 I) Rental November 1, 2002 through October 31, 2003 Annual Rental $42,117.00 (Forty-Two Thousand One Hundred Seventeen and 00/100 dollars) Monthly Rental $3,509.75 (Three Thousand Five Hundred Nine and 75/100 dollars) Rate Per Square Foot Per Year $16.68 Rental November 1, 2003 through October 31, 2004 Annual Rental $42,950.25 (Forty-Two Thousand Nine Hundred Fifty and 25/100 dollars) Monthly Rental $3,579.19 (Three Thousand Five Hundred Seventy Nine and 19/100 dollars) Rate Per Square Foot Per Year $17.01 Rental November 1,2004 through October 31, 2005 Annual Rental $43,808.75 (Forty-Three Thousand Eight Hundred Eight and 75/100 dollars) Monthly Rental $3,650.73 (Three Thousand Six Hundred Fifty and 73/100 dollars) Rate Per Square Foot Per Year $17.35 Rental November 1,2005 through October 31,2006 Annual Rental $44,692.50 (Forty-Four Thousand Six Hundred Ninety Two and 50/100 dollars) Monthly Rental $3,724.38 (Three thousand seven hundred twenty four and 38/100 dollars) Rate Per Square Foot Per Year $17.70 Rental November 1, 2006 through October 31, 2007 Annual Rental $45,576.25 (Forty-Five Thousand Five Hundred Seventy Six and 25/100 dollars) Monthly Rental $3,798.02 (Three Thousand Seven Hundred Ninety Eight and 02/100 dollars) Rate Per Square Foot Per Year $18.05 DEPARTMENT OF JUVENILE JUSTICE Lease No. 800-0266 Location: Kev West Rental Rate - 2,525 square feet/net rentable Addendum A (continued) II. RENEWAL OPTIONS (lst of 2-5 years): The Lessee is granted two-five year renewal options; the first five-year term, beginning November 1,2007, to and including October 31, 2012, upon the same terms and conditions except for the rental rate which shall be modified as follows: First Year Second Year Third Year Fourth Year Fifth Year FM 4054 (R05/0 1 Rental November 1, 2007 through October 31, 2008 Annual Rental $46,485.25 (Forty-Six Thousand Four Hundred Eighty Five and 25/100 dollars) Monthly Rental $3,873.77 (Three Thousand Eight Hundred Seventy Three and 77/100 dollars) Rate Per Square Foot Per Year $18.41 Rental November 1, 2008 through October 31, 2009 Annual Rental $47,419.50 (Forty-Seven Thousand Four Hundred Nineteen and 50/100 dollars) Monthly Rental $3,951.63 (Three Thousand Nine Hundred Fifty One and 63/100 dollars) Rate Per Square Foot Per Year $18.78 Rental November 1, 2009 through October 31, 2010 Annual Rental $48,379.00 (Forty- Eight Thousand Three Hundred Seventy Nine and 00/100 dollars) Monthly Rental $4,031.58 (Four Thousand Thirty One and 58/100 dollars) Rate Per Square Foot Per Year $19.16 Rental November 1, 2010 through October 31, 2011 Annual Rental $49,338.50 (Forty-Nine Thousand Three Hundred Thirty Eight and 50/100 dollars) Monthly Rental $4,111.54 (Four Thousand One Hundred Eleven and 54/100 dollars) Rate Per Square Foot Per Year $19.54 Rental November 1, 2011 through October 31, 2012 Annual Rental $50,323.25 (Fifty Thousand Three Hundred Twenty Three and 25/100 dollars) Monthly Rental $4,193.60 (Four Thousand One Hundred Ninety Three and 60/100 dollars) Rate Per Square Foot Per Year $19.93 ." DEPARTMENT OF JUVENILE JUSTICE Lease No. 860-0266 Location: Kev West Rental Rate - 2,525 square feet/net rentable Addendum A III. RENEWAL OPTIONS (2nd 0(2-5 vears): The Lessee is granted two-five year renewal options; the second five-year term, beginning November 1, 2012, to and including October 31, 2017, upon the same terms and conditions except for the rental rate which shall be modified as follows: First Year Second Year Third Year Fourth Year Fifth Year FM 4054 (R05/0 I) Rental November 1, 2012 through October 31, 2013 Annual Rental $51,333.25 (Fifty-One Thousand Three Hundred Thirty Three and 25/1 00 dollars) Monthly Rental $4,277.77 (Four Thousand Two Hundred Seventy Seven and 77/100 dollars) Rate Per Square Foot Per Year $20.33 Rental November 1, 2013 through October 31, 2014 Annual Rental $52,368.50 (Fifty-Two Thousand Three Hundred Sixty Eight and 50/100 dollars) Monthly Rental $4,364.04 (Four Thousand Three Hundred Sixty Four and 04/100 dollars) Rate Per Square Foot Per Year $20.74 Rental November 1, 2014 through October 31, 2015 Annual Rental $53,403.75 (Fifty-Three Thousand Four Hundred Three and 75/100 dollars) Monthly Rental $4,450.31 (Four Thousand Four Hundred Fifty and 31/100 dollars) Rate Per Square Foot Per Year $21.15 Rental November 1, 2015 through October 31, 2016 Annual Rental $54,464.25 (Fifty-Four Thousand Four Hundred Sixty Four and 25/100 dollars) Monthly Rental $4,538.69 (Four Thousand Five Hundred Thirty Eight and 69/100 dollars) Rate Per Square Foot Per Year $21.57 Rental November 1,2016 through October 31, 2017 Annual Rental $55,550.00 (Fifty Five Thousand Five Hundred Fifty and 00/100 dollars) Monthly Rental $4,629.17 (Four Thousand Six Hundred Twenty Nine and 17/100 dollars) Rate Per Square Foot Per Year $22.00 ....;..~ ~"'l ~J . 'f-:r~ ~" ~, ~,.~ .' .~~ ... " ..-,:-: -~' ;. ~.~_.~,';[""""",d --'~l STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES PUBLIC ENTITY CRIME STATEMENT Addendum Number B LEASE NUMBER: 800:0266 Public Entity Crime Statement: 287.133 Florida Statutes places the following restrictions on the ability of persons convicted of public entity crimes to transact business with the department: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. FM 4054G (R05/01) BY ~i\'- Y;~:T~~" '..., 'j0Ti?' ..-; .,...;'" 'f-:i'~i*P;Y. .f:. ~,.~ ."'~ ~~. ,~~~"\::,-,d __ '..h. . .:... ... '. ~ .:" " . ~ :'i' STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES DISCRIMINATION REQUIRED ADDENDUM C LEASE NUMBER: 800:0266 An entity who has been placed on the Discriminatory Vendor List may not submit a bid or proposal to provide goods or services to a public entity, may not submit a bid or proposal with a public entity for the construction or repair of a public building or public work, may not submit bids or proposals on leases of real property to a public entity, may not perform work as a contractor, supplier subcontractor or consultant under contract with any public entity and may not transact business with any public entity. -H~~ Larry Ochalek, Chief Bureau of Contracting & Purchasing -'I~. 7n.~41lP Lessor Monroe County Board of County Commissioners l-lt!o3 ( Date ~ ".z,..2,. Date FM 40541 (R05/01) -.,.' )<'." ~. ~... A '7J. f~, ~ t:~A~~~ . ' ~ ~~ ,- ,~ ~" .;, '''''~''fd ~-<~" ~ ~ STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES PUBLIC HURRICANE EVACUATION SHELTER ADDENDUM D LEASE NUMBER: 800:0266 Pursuant to Chapter 252.385 (4)(b) F.S.; facilities that are solely occupied by state agencies and have at least 2,000 square feet of net rentable space in a single room or a combination of rooms each having a minimum of 400 square feet may be required to serve as a public hurricane evacuation shelter at the request of the local emergency management agencies. It is hereby agreed and understood that in the event the facility being leased is selected for use as an emergency shelter the lessor, upon receiving notice form the Emergency Management Center, shall make the building available as a public hurricane evacuation shelter. ..-- ~~>n#~ essor, Signatur Monroe Connty Board of County Commissioners Lar Ochale~ Chief Bureau of Contracting "" (7/6 3 Date ~ ,I.. Z.eOL Date Dt7 I App-r~. FM 4054H (R05/01) STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES FAILURE TO COMPLY ADDENDUM NUMBER E LEASE NUMBER: 800:0266 In the event that Lessor fails to comply with any term or provision of this Lease after written notice, Lessee reserves the option to 1) setoff and deduct from the rental amount due Lessor under this lease such sums as Lessee determines are required to remedy the default of Lessor; 2) do whatever Lessor is obligated to do under the terms of this Lease; and Lessor agrees to reimburse Lessee on demand for any reasonable expenses which Lessee may incur in thus effecting compliance with Lessor's obligation under this Lease; and Lessee hereby covenants and agrees to use its best efforts to mitigate damages caused thereby; 3) terminate this Lease and vacate the premises, but without prejudice to any remedy which might otherwise be used by the Lessee for any breach of the Lessor's covenants contained herein; 4) bring suit for damages against Lessor for any expense (including reasonable attorney's fees) Lessee may incur by reason of a delay in the Commencement Date of this Lease, except for any such delay caused solely by any delay, default or omission of Lessee. Lessee is required to give Lessor written notice setting forth in reasonable detail the nature and extent of such failure and Lessor will be given thirty (30) days to cure such failure. If such failure cannot reasonably be cured within such thirty (30) day period, the length of such period shall be extended for the period reasonably required therefore, if Lessor commences curing such failure within such thirty (30) day period and continues the curing thereof with reasonable diligence and continuity. Reason for setoff of amounts due under this Lease shall include, but are not limited to, remedying heating and air conditioning equipment and roofmg deficiencies. Each occasion of setoff of rental amounts due under this Lease shall be contingent upon the prior approval of Lessee's legal counsel. Monroe County Board of County Commissioners State of Florida Department of Juvenile Justice ~(' .In ,f~" ...>::;~~c- '~ -~--~: -.> :> ,-~~'-_ ,_./' '\...;.' :-._J, .f, ~_ i~ ~ iY /,/ \.<.-\. \."':4 ~~ il- _,' _ ~"-,~ ,._-,'~ :.': ; - ,,", -<,::~Y'-<,' '>-~}".>:,-',:':::_' FM40S4C(Ro'roll,<~,"~~ +k~~ J;iarry Ochalek, C ief ~. ?ureau of Contracting & Purchasing Lessee Signature DAT'" .-,..,~,: . ,. .. . ~_!IJ STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES JANITORIAL SERVICES ADDENDUM L LEASE NUMBER: 800-0266 The lessor agrees to furnish janitorial and cleaning services as part of this lease agreement. This includes furnishing all cleaning/maintenance equipment and cleaning supplies as required, including but not limited to, drinking cups at water fountains, bathroom tissues, paper towels, trash receptacle liners, hand soap (preferably liquid) and doormats at entrances to the facility. All supplies are to be of good quality acceptable in the janitorial profession and of satisfactory quality suitable to the needs of personnel. Cleaning ofthe fucility shall be accomplished in accord with the following schedule: FLOORS DAILY: Carpeted Areas - Vacuum Non-carpeted Areas - Dust mop Remove gum and other materials. Spot damp mop and to remove stains or soots. WEEKLY: Non-Caroeted Areas - Damp mop and spray buff. SEMI-ANNUALLY: Machine clean carpets in hallways. Other areas to be cleaned if their condition so dictates. Strip, reseal and wax all normallv waxed floors. ANNUALLY: Machine clean all carpets throu~out the facility. WALLS, CEILINGS, INTERIOR DOORS, LEDGES, ETC. WEEKLY: Spot Clean Clean li~t switch plates and surrounding wall areas. Dust windowsills, ledj!;es, fixtures, etc. MONTHLY: Dust or vacuum HV AC registers. ANNUALLY: Clean allli~t fixture diffusers and dust li~t bulbs. WINDOWS AND GLASS DAILY: Spot clean entrances and vicinity j!;lass both in and outside. Spot clean directory and internal glass or windows. SEMI-ANNUALLY: Clean inside of external windows. WATER FOUNTAINS DAILY: Clean and sanitize. Replenish supply of disoosable CUDS (if apolicable). FURNISHINGS AS NEEDED, BUT AT Dust tables, chairs, desks, credenzas, file cabinets, bookcases, etc. LEAST WEEKLY: Do not disturb any papers lying on desks or cabinets Dust and clean all ornamental wall decorations, picture, charts, chalkboards, etc. Dust draperies, venetian blinds, or curtains. SEMI-ANNUALLY: Vacuum all drapes, venetian blinds, or curtains. TRASH AND REFUSE DAILY: Empty and clean all trash receptacles. Receptacle liners are to be used. Change as necessary. Remove all collected trash to external dumpsters or trash containers. In conference rooms, reception areas, etc., remove accumulated trash, i.e. paper cups, soda cans, etc. CIGARETTE URNS AND ASHTRAYS DAILY: Empty and clean all cigarette urns. Empty and damp wipe all ashtrays. FM 40540 (R05/01) 1 DAILY: WEEKLY: DAILY: Remove accumulated trash. S ot swee as r uired. Sweep. Dust mop to remove stains. Dust handrails, ledges, etc. S ot clean walls and doors. RESTROOMS Maintain in a clean and sanitary condition: floors, walls, doors, stalls, partitions, shelves, sinks, commodes, urinals, bath facilities, soap and towel dispensers Clean and polish mirrors. Empty and sanitize trash and sanitary napkin receptacles. Replenish supplies oftissue, towels, and soap. Check and re lace, as neces , deodorizer barslroom air freshener units. Clean ceramic tile surfaces with a strong cleaner or bleach so that tile and grout have a uniform color. LOUNGE AND KITCHEN AREAS If A Clean and sanitize sinks and counter areas. EXTERIOR Sweep outside area immediately adjacent to building entrances. Kee arkin lot and surroundin areas free of trash. Swee all exterior access areas, i.e. sidewalks, orches, verandas, etc. DAILY: WEEKLY: MONTHLY: DAILY: DAILY: WEEKLY: MAINTENANCE SERVICES In reference to Articles III and V ofthe lease agreement: 1. Filters for HV AC shall be changed every 90 days at a minimum and more often as conditions warrant. 2. All painted surfaces in the facility shall be freshly painted at the commencement ofthis lease, if needed, and at least once every three years thereafter during the lease term and any renewals thereof. Touch up painting to be done as needed. 3. Perform such other services as are necessary to keep the facility clean and in a sanitary condition. In providing any or all of the before mentioned services: I. Janitorial staff is to only use necessary lighting in the areas in which they are actually working and turn off unnecessary lighting. Air conditioning equipment is not to be turned on for the exclusive use of the janitorial staff. 2. Only actual employees of the janitorial contractor are to be admitted to the premises. 3. During after hours cleaning, all outside doors are to be locked and janitorial staff is not to provide access into the facility to anyone. 4. Janitorial staff is to check exterior doors and windows to ensure the facility is secure at the time of leaving the facility. FM 4054D (R05/01) 2 STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE September 18, 2002 Ann M. Mytnik Contract Monitor Monroe County Public Works Facilities Maintenance 3583 S. Roosevelt Blvd. Key West, FL 33040 Subject: Request for Lease Modification Dear Ms. Mytnik: I am in receipt of Ms. Hutton's memorandum dated September 11, 2002. The DepartrTlent understands your concerns, but it does not have the authority to amend the term "interior equipment" to "interior fixtures" in section V(1) of the Department of Management Services' (OMS) lease. However, OMS has informed us that it would aI/ow an amendment to the lease that excludes tenant-owned equipment from the maintenance and repair responsibilities of the Landlord. A copy of the proposed amendment is attached for your review. Best'W ~ !0 Kimberly Sisko Cobb Assistant General Counsel 2737 CENTERVIEW DRIVE TALLAHASSEE, FLORIDA 32399-3100 JEB BUSH, GOVERNOR ltv. G. "BILL 11 BANKHEAD, SECRETARY DEPARTMENT OF JUVENILE JUSTICE AND Monroe County Board of County Commissioners LEASE # 800:0266' AMENDMENT # ~ The purpose of this amendment is to modify the below-stated lease terms. THIS AMENDMENT, ENTERED INTO BETWEEN THE State of Florida, Department of Juvenile Justice, hereinafter referred to as the "LESSEE" and Monroe County Board of County Commissioners, hereinafter referred to as the "LESSOR," amends Lease 800:0266, by deleting, as indicated by "strikethrough" and adding as indicated by ''underscore,'' the section(s) below. Section m.b. HEATING, AIR CONDITIONING, AND JANITORIAL SERVICES DELETE and certifies that boilers herein have been calibrated to permit the most efficient operation. Section IV LIGHT FIXTURES DELETE 2. The Lessor certifies that'the lighting levels within the demised premises are maintained at and do not exceed the following levels: 10 foot-candles in halls and corridors; 30 foot-candles in other public areas; a minimum of 50 foot-candles in office, conference rooms, and other levels as set forth in the State Energy Management Plan, Volume, Section F. Section V MAINTENANCE AND REPAIRS ADD 5. The term "interior equipment" does not include tenant-owned equipment, such as computers, copying machines, and other office equipment Section xvn TAXES, INSURANCE AND COMMISSIONS DELETE 1. Lessor shall pay all real estate taxes and fire insurance premiums on the demised premises. THE LESSOR AND THE LESSEE MUTUALLY AGREE: This amendment shall begin upon full execution. All provisions in the lease and any attachments thereto in conflict with this amendment shall be and are hereby changed to conform to this amendment. All provisions not in conflict with this amendment are still in effect and are to be performed at the level specified in the lease. TlUs amendment is hereby made a part of the lease. IN WITNESS WHEREOF, the Lessor has caused this one page amendment to be executed. LESSOR: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS LESSEE: STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE ik;, In. I /od,., r __ .~~~x:: :~o:ehar D~~J~ ~" . '/~~> ~{~~<.)/ ...~~ SIGNED BY: SIGNED BY: +I-~ NAME: 0arrv Ochalek # ~hiof~",e'u of Contra,,, md Pureh",ing Ij /"5 ( TITLE: DATE: Ol.[". " "",1 Z 1""'--""''';,... / /Y'/Pl_..-.