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Resolution 310-1987 ..........: ---- Capt. Thomas W. Brown County Administrator RESOLUTION NO. 310-1987 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CHAIRMAN OF THE BOARD TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE COUNTY OF MONROE AND MRS. ARTHUR MULBERG FOR THE PURPOSE OF LEASING PROPERTY LOCATED AT 1315 WHITEHEAD STREET, KEY WEST, FLORIDA, FOR USE AS COUNTY OFFICE SPACE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby approves and authorizes the Mayor and Chairman of the Board to execute a Lease Agreement by and between the County of Monroe and Mrs. Arthur Mu1berg, a copy of same being attached hereto, for the purpose of leasing property located at 1315 Whitehead Street, Key West, Florida, for use as County office space. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 4th day of August, A.D. 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) Attest: DANNY L. KOLHAGE, Clerk .." >>:'.". ~~X? ~~.f).~. LERK ' APPRO 'ED AS TO F~; ~ AND AL SUFFlCIE~ BY Anorne~s ~mc. ~ (. LEASE AGREEMENT This Lease Agreement made and entered into this ~ day of August, A.D. 1987, by and between the COUNTY OF MONROE, State of Florida, hereinafter called the Lessee, and MRS. ARTHUR MULBERG, whose mailing address is 900 Johnson Street, Key West, Florida, 33040, hereinafter called the Lessor. WITNESSETH: WHEREAS, that the Lessor hereby leases certain real property located at 1315 Whitehead Street in Key West, Monroe County, Florida, also described as lot 6, of square 3 of the division of tract 16; and WHEREAS, the Lessee wishes to obtain the lease on the Property. NOW, THEREFORE, in consideration for the rent to be paid to Lessor, the terms and conditions herein, and other good and viable consideration the receipt and sufficiency of which is hereby acknowledged, the Lessor and Lessee agree as follows: 1. LEASE OF PREMISES. Lessor hereby leases to lessee the Property for the Term described in paragraph 2, subject to the timely and prompt payment of rent and the full and complete compliance by Lessee with the terms and conditions herein. 2. TERM. Unless terminated earlier because of the failure of the Lessee to abide by the terms and conditions herein, the term of this Lease shall be for three (3) years. Said term shall commence upon the date this lease is signed by the Lessor and signed and/or approved by the Board of County Commissioners of Monroe County, Florida on behalf of Monroe County, Florida. 3. RENTAL. There shall be due and owing to Lessor, and Lessee shall promptly pay to Lessor during the term of this lease, on the first day of each month during the term of this lease $6,000.00 per month. Said rent payment shall be paid before the 10th day of the current month for the preceding month's rent. Payment of rent sh.ll bo ..de by mailing or delivery of such to Gladys Mulberg at 900 Johnson Street, Key West, Florida, 33040. In the event this lease is approved and becomes effec- tive on a date other than the first day of a calendar month, Lessee may take possession of the premises upon paying Lessor rent pro-rated for that month, and in said event the three (3) year term of this lease shall cODlDence on the first day of the next calendar month. 4. CONDITION OF PROPERTY. The Lessee acknowledges and agrees that it has examined the Property and is fully advised of the conditions and facilities at the property. Except as otherwise provided in paragraph 5 of this Lease. The Property is being leased to Lessee as is, WITH NO REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, CONDITION, DESIGN, CAPACITY OR OTHERWISE. 5. WARRANTY OF LESSOR. Lessor warrants (i) that it . will pay for all roof repairs, and (ii) that the Property will be kept in a condition that permits the Property to hold a certificate of occupancy in accordance with Key West and Monroe County ordinances and regulations. Lessor and Lessee are not aware of any repairs or modifications that need to be done to bring the property into compliance with such ordinances and regulations, but should any be brought to their attention by the appropriate authorities, Lessor will make the necessary repairs or modifications. This paragraph 5 is not intended to, and it shall not be con- strued to require Lessor (i) to rebuild or repair the Property if it is damaged or destroyed, and (ii) to make any repairs or modifications to the Property because of special requirements of Lessor including, but not limited to, handicap facilities, computer wiring or ventilation, extra electrical or phone line requirements, and placement of heavy items on load bearing structures. 2 6. REPAIRS AND MAINTENANCE. After the execution of this Lease the Lessee may take immediate possession of the Property and commence any and all cosmetic and nonaerueeural improvements, provided such are performed in a p~dent and good and workmanlike manner. For those cosmetic and non- structural repairs listed and described in Exhibit A attached hereto and incorporated herein, Lessor agrees to pay the costs of materials only, and all labor costs will be born by the Lessee. For all other cosmetic and non- structural repairs, Lessee will pay all costs. Lessee is given permission to perform any and all cosmetic and nonstructural repairs including but not limited to: a) installation of handicap facilities such' as a wooden ramp to the second floor, b) installation of phone and computer lines, c) installation of security systems and locks, d) clearing, stripping, and painting the parking lot, e) painting, carpeting, and tile work, and f) removal of necessary partition (non-bearing) walls. At the end of this Lease the wooden handicap ramp shall be removed, and any partition walls removed will be replaced, if requests for such are made by the Lessor. The Lessee shall be liable for the performance and the costs of day to day r~pair and maintenance of the Property including, but not limited to a) janitorial or cleaning services, b) broken windows, locks, doors, lights etc., c) bathroom and toilet repairs (including clogged pipes but not pipe breaks), d) air-conditioner maintenance, e) exterior building maintenance including lawn and garden work, f) parking lot maintenance, g) electrical repairs, and h) supply of materials such as soap, tissues, paper towels, trash cans, etc... 7. INSURANCE REQUIREMENTS AND LOSS. Lessee shall carry during the term of this lease public liability insur- ance, including bodily injury and property loss for damage, to cover all claims, demands or actions by any person or entity in any way arising from the operation, use, or 3 possession of the property by Lessee. Such liability insurance shall be in an amount not less than $100,000.00. The Lessor shall be named as an additional insured under Ehe insurance policy and such insurance shall b~ pritnary and non-contributing with any insurance ca~ried by the Lessor. After taking possession of the Property, Lessee shall furnish Lessor with a certificate evidencing the insurance required by this paragraph 11. Lessor may, but is not obligated to, purchase its own insurance. In no event will Lessor be liable for any actual, consequential or special damages resulting from the loss or destruction of the personal property of the Lessee at the Property. In the event the Property is damaged or destroyed, such that it can no longer be used by Lessee, this Lease will simply terminate and Lessor has no obligation to repair or rebuild the Property, but lessor will reimburse Lessee for rent paid on a pro-rated basis. 8. INDEMNITY. Lessee shall indemnify, defend, and hold Lessor harmless from and against any or all demands, suits, fines, liability, loss or damage (including costs and attorneys' fee) whatsoever which Lessor may incur or become liable for as a result of Lessee's operation, use, or possession of the Property. 9. PARKING. The Lessor and Lessee acknowledge that the Lessor owns a vacant lot immediately adj acent to the Property which vacant lot fronts on Duval Street. The Lessee is given permission to utilize this vacant lot for overflow parking to the extent necessary, but for no other purpose. However, the Lessor is not obligated to clear, clean, pave, paint, light, or otherwise repair, alter, or maintain the vacant lot so that it will be suitable for parking. Any such work on the vacant lot will be at the discretion of the Lessee and at Lessee's sole cost and expense. The indemnity provision in paragraph 8 above will be applicable to the use of the vacant lot for parking. In 4 addition, the permission granted in this paragraph 9 to park on the vacant lot may be revoked by the Lessor at any time due to the sale, option, lease, or other utilization of ehe vacant lot by the Lessor. 10. COMPLIANCE WITH LAW. The Lessee shall comply with any and all applicable statutes, ordinances, rules, order, regulations, directives and requirements of the federal, state, county and city governments. 11. UTILITIES. All utilities and services for the Property shall be paid for by the Lessee. This includes, but is not limited to gas, water, electric, sewage, crime lights and trash removal. 12. TAXES. Owner agrees to pay any and all real property taxes for the Property, and any additional assess- men t s . 13. TOWING OF VEHICLES Any arrangements for the towing of vehicles parked on the Property without authoriza- tion shall be arranged for by Lessee and Lessee shall assume all liability for said towing which is not assumed by the towing company. 14. ASSIGNMENT. The Lessor may assign, sell or otherwise transfer this Lease at any time, but rent shall continue to be paid to the Lessor until Lessee receives written notice of such transfer. The Lessee may not assign, sell or sublease this Lease at any time, and any such assignment, sale or sublease by the Lessee shall be null and void. 15. ENTIRE AGREEMENT. This Lease contains the entire agreement between the Lessee and the Lessor and it super- sedes and merges herein any and all prior or contemporaneous correspondence, communications and agreements related to the lease of the Property. This Lease cannot be amended except by a written instrument signed by the Lessor and the Lessee stating that it is an amendment to this lease. 16. LIENS. The Lessee shall keep the Property free and clear of all liens arising out of any work performed, 5 materials furnished, or obligations incurred by or for the Lessee. 17. WAIVER. No provision of this LQase may b. w.~v.d except in writing signed by the waiving pa~ty. No waiver by the Lessor of a breach of any provision of this Lease should be construed as a waiver of any subsequent or other breach whether the same of a different character. 18. HEADINGS. The headings in the provisions of this Lease are for reference only and should not be used to construe the terms and conditions of this lease. DATED this .ilL day of 1I.0,.fi-e Key West, Monroe County, Florida. A.D. 1987, in BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) Attest: DANNY 1.. KOLHAGE, Clerk ~4/~",.tJ~ LE~p9,R ?~_ IJ') /, ~/!/f. , l-~-P/,f: {~~zJ By <~:: ~~,~k#(f 900 Johnson Street Key West, Florida 33040 f~ ~6ss. APPR9JlED AS TO FORM AND UOAL SUFFICIEf\,(;V BY ~ tJ' ~~M Attornl"v'.~ ortier I 6 EXHIBIT "A" 1. 2. Present air conditioner in good working order. Furnish materials to repair downstairs main entrance area near staircase~--County will provide labor. Inspect and make necessary repairs to rapf of P4ilding.~ ~ I 3.