Resolution 625-1988 Tom Long
Court Administrator
RESOLUTION NO. 625-1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR/CHAIRMAN OF THE BOARD TO
EXECUTE A LEASE AGREEMENT BETWEEN THE UNITED
STATES POSTAL SERVICE AND MONROE COUNTY
CONCERNING OFFICE SPACE AT 323 FLEMING
STREET, KEY WEST, FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute a Lease Agreement between the United
States Postal Service and Monroe County, a copy of same being
attached hereto, concerning office space at 323 Fleming Street,
Key West, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the Abliday of November, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
I�
Mayor/C airman
(Seal)
Attest:DANNY L. KOLHAGG, Clerk
taetZ. .0& // Le
Clerk
APPROV A To Paw
ANT FRCEN71:.
Attarnsy°s office
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U.S.POSTAL SERVICE
LEASE AGREEMENT
1. THIS LEASE entered into this z6th day of October , 19 88 ,by and
between the UNITED STATES POSTAL SERVICE,hereinafter called Lessor,and Monroe County
hereinafter called the Lessee,whose address is ROOM 302, Monroe County Courthouse. Annex, Key West, FL 3304)-64'
to use and occupy the property hereinafter described under the terms and subject to the conditions contained herein.
2. The Lessor hereby leases to the Lessee the following described premises:
Rooms 201 through 215, total 2nd floor, in building located at 323 Fleming Street,
Key West, FL containing 1,290 square feet.
t3 be used exclusively for the following purpose(s): Office space
3. TO HAVE AND TO HOLD the premises with their appurtenances for the following term:(One of the following paragraphs"A"or`B"must
be deleted.)
A. Month-to-Month: This is a month-to-month tenancy for an tp to c n
19--,and may be terminated at any time by either party g e h written notice.
B. Fixed Term: To have and to hold said.premises with their appurtenances for a term of ten (10)months
beginning December 1 19 8sana ending September 30 ,19 89 •
• *This agreement may be renewed,at the option of the Lessee,providing that 60 days written notice is given by the Lessee before the
end of the fixed term and each and every renewal term thereafter for the following separate and consecutive-terms and at the following
monthly rentals: '
At At. At
• No.Months (Per month rental/ No.Months (per month rental/ ., No.Months j (per month rental)
12 $ 1,075.00 b 12 $ 1,075.00 DEL TED
4. The Lessee shall pay the Lessor an annual rent of Twelve thousand nine hundred dollars and no/100
s 12,900.00 1,075.00 . arrears
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,payable at the rate of S per month in ACDONSX Rents for part of a month shall be prorated.
All payments shall be made payable to the Disbursjgr(�fa1ce�,�Ijtited States Postal Service,and contain the following Postal Service finance/sub-
location number for identification purposes II 11'ttoULLVV �v77 .All payments are to be paid by check or money order and
delivered to the Disbursing Officer,U.S.Postal Service,Post Office Building,St.Louis,MO 63180-9530 by mail or otherwise on or before the first
day of each month.'RIlCXXXX(dC NKALICAlSeK3'fiMCAMMAZC Cd4X 3CfiP ikBC CD ntXti9CddtenCent91 yl6XIi
>4.15n IXXXsySiWEIFOCkICIAVON C902Gl XXIMIU ItWMCKPEXIKO icag9MANAP4XKldt•iNACIfdlA itMIOCTelli?OWSIXIMIS
5. The Lessor shall furnish the Lessee services and utilities as follows:
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Heat, air conditioning, plumbing, electrical fixtures as now installed. Lessee
is responsible for all utilities, utility hook-up charges, if any, and security
of building. }
If heating or air conditioning services are provided under this lease,the Lessor agrees to maintain temperatures in the demised premises in accord-
ance with current Postal Service standards for postal buildings. In the event of a fuel shortage, where the Lessor is required to cut back or cur-
tail fuel consumption,the Lessee agrees to accept heating or air conditioning at whatever level is,available.
6. Lessee has inspected and knows the condition of the leased premises and agrees to accept same in its "as is" condition. It is further under-
stood that the leased premises are hereby leased to Lessee without any obligation on the part of Lessor to make any additions, improvements
or alterations thereto.
7. Lessee shall not make any additions, improvements, repairs, or alterations to the leased premises without the prior written consent of Lessor
in each and every instance.
PS Form 7423, April 1985 Page 1
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, 8. The Lessor shall, except as otherwise specified herein and except for damages resulting from the act or negligence of the Lessee,his agents or
employees, maintain in good repair and tenantable condition the demised premises.including the building and any and all equipment,fixtures.and
appurtenances,whether severable or nonseverable.furnished by the Lessor under this lease.
9. Lessee shall use reasonable care in the occupation and use of the leased premises. Upon the expiration or termination of this lease,Lessee shall
vacate the leased premises, remove his property therefrom and forthwith yield and place Lessor in peaceful possession of the leased premises.free
and clear of any liens,claims,or encumbrances and in as good condition as the leased premises existed at the commencement of this lease,ordinary
wear and tear excepted.
10. Lessor shall not be responsible for damages to property or injuries to persons,which may arise from or be incident to the use and occupation
of the leased premises, nor for damages to the property or injuries to the person of Lessee or of others who may be on said premises at Lessee's
invitation and Lessee shall hold Lessor harmless from any and all claims for such damages or injuries.
11. Lessee shall comply with all applicable Municipal and State laws, ordinances and regulations and obtain and pay for all licenses and permits
as may be required.
12. Lessee agrees not to use the leased premises in any way which,in the judgment of the Lessor poses a hazard to the Lessor,the leased premises,
other lessees, or the building in part or whole; nor shall•Lessee use the leased premises so as to cause damage,•annoyance, nuisance or incon-
venience to the building occupants or others. -
13. Lessee, Lessee's agents, employees, invitees and visitors, shall comply fully with all Rules and Regulations Governing Conduct on Postal Prop-
erty as now posted or subsequently amended.
14. The Lessor reserves the right to enter the leased premises at all reasonable hours to inspect it,exhibit same or to make such repairs,additions
or alterations as Lessor considers necessary for the safety,improvement or preservation of the Lessee's premises or any part thereof.
15. The Lessee shall obtain, at no cost to the Lessor,a public liability insurance policy naming the U.S. Postal Service as an additional insured
and providing limits of liability for bodily injury of 550,000 for,each person and 5300,000 for each occurrence and property damage limits of
$50,000 for each accident and $100,000 aggregate. A certified true copy of the policy with endorsement, manually countersigned, shall
be furnished the Lessor within 15 days from the date of execution of-this lease.The policy shall include the following endorsement:."It is a condi-
tion of this policy that the insurance company shall furnish written notice to the United States Postal Service thirty(30)days in advance of the
effective date of any reduction in or cancellation of this policy."
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16. If the Lessee shall fail to pay the rent herein provided or shall abandon the leased premises or shall fail to observe or perform any other condi-
tions, covenants or agreements as herein stated,then the Lessor may,at its option:. (a)declare this lease ended and terminated and may re-enter
• the leased premises and remove all persons or things therefrom,and the Lessee hereby expressly waives all service of any demand or notice pre-
scribed by any statute whatever, and (b) on authority hereby granted the Lessor by the Lesseee,dispose of such personal property left in the
premises as deemed in the best interest of the United States Postal Service and Lessee shall be liable for such damages as the Lessor may incur.•
The rights and remedies of the Lessor as provided in this clause are not exclusive and are in addition to any other rights and remedies provided
by law or under this lease agreement. -• . • -
17. In the event that a state or local tax is imposed upon the occupancy, use,valuable possession,or valuable leasehold interest of or in the real
property herein leased,the obligation for the payment of-the tax will be wholly that of the Lessee.
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18. No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this lease agreement, or to any
benefit that may arise therefrom;but this provision shall not'be construed to extend to any corporation or company if the agreement be for
the general benefit of such corporation or company.
19. The Lessee's name and location may be placed on the building directory,floor directory and/or door plate, if the building is so equipped.
No signs of the Lessee shall otherwise be placed inside or outside of the demised premises unless specifically authorized by the Lessor in writing.
20. The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or under-
standing for a commission, percentage, brokerage, or contingent fee,except bona fide employees or bona fide established commercial or selling
agencies maintained by the Lessee for the purpose of securing business.For breach or violation of this warranty,the Lessor shall have the right to
annul this lease without liability,or,in its discretion,to require Lessee to pay in addition to the contract price or consideration,the full amount of
such commission,percentage,brokerage,or contingent fee.
21. The failure of Lessor to insist in any one or more instance upon performance of any of the terms,covenants,•or conditions of this lease shall
not be construed as a waiver or relinquishment of the future performance of any such term,covenant, or condition. Lessee's obligation with
respect to such future performance shall continue in full force and effect.
22. Any notice or advice to or demand upon Lessee shall be in writing and shall be deemed to have been given or made on the day when it is
sent by certified mail to the Lessee's address indicated in paragraph 1,or at such other address as Lessee may hereafter from time to time specify
in writing for such purpose. Any notice or advice`to or demand upon Lessor shall be in writing and shall be deemed to have been given or made on
the day when it is sent by certified mail,to the Lessor's Contracting Officer address indicated on the signature page herein,or at such other address
as Lessor's Contracting Officer may hereafter from time to time specify in writing inch purpose.The Contracting Officer is the Lessor's repre-
sentative and is the only person who has authority to sign or amend the terms or conditions of this lease.
23. The Lessee agrees that he will not discriminate by segregation or otherwise against any person or persons because of race,color,creed,sex or
national origin in furnishing, or by refusing to furnish to, such person or persons the use of any facility,including any and all services,privileges,
accommodations,and activities provided therein. -
24. Except with the prior written consent of Lessor, Lessee shall neither transfer nor assign this lease or any of his rights hereunder,nor sublet
the leased premises or any part thereof or any property thereon nor grant any interest,privilege or license whatsoever in connection with this •
lease.
PS Form 7423,April 1985 - Page 2
25. Lessee acknowledges that he acquires no right by virtue of execution of this lease to claim any benefits under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970,Public Law 91-646.
26. If the propery leased is located in a State requiring the recording of leases,the Lessee shall comply with all such statutory requirements at
Lessee's expense.
27. It is understood and agreed that this lease is subordinate s
between the United States Postal Service and
and to any pre-existing mortgage on the demised premises, w ere t e words Lessor or Lessee appear in this lease, these words shall
become Sublessor and Sublessee.
28. The Postal Service may terminate this lease by giving 1:; trite Lessee whenever additional space is necessary for postal
purposes.
�,','',
29. Access to the leased space is available 5 days a week, . 9 hours a day. However,scheduled use beyond one 8-hour shift
per day and/or 5 days per week is subject to an additional charge to compensate for additional services and/or utilities.Lessee hours of operation
are 8 a.m. to 5 p.m.
"
30. The following paragraphs were deleted before execution of this lease: ,
3A, 3Bc, 27 and 28
31. The following paragraphs or documents were incorporated before execution of this lease:
32. Any alterations to leased premises must meet local codes and require written
approval from the Postal Service.
33. Any signage must conform to restrictions of the City of Key West, Old Island
Restoration Commission, and be approved by the Postmaster, Key West, FL.
34. This lease will replace lease dated April 13, 1988.
35. Claims and Disputes (May 1983) attached and made a part hereof
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li PS Form 7423, April 1985 Page 3
IN WITNESS WHEREOF,the parties hereto have signed and sealed their presents on the date indicated below.
Executed this day of 19
Affix
Corporate
Seal
Monroe County Corporation
(Company. Corporate or Partnership.Va►►►e) (State)
By
WITNESSES: Its •
•�( (Title)
/ By _A
It)c •
(Title)
• (Individual)
• • aPw 404 10FORM • !lt .' 302, Monroe County Courthouse Annex
.AN L t^i L PROMO: (Address)
• �� Key West, FL 33040-6411
LAY . . (City.Stateand ZIP+4) •
Atrorney's Mks •
•( 305 ); 294-9646' • . . .
(Telephone Number)
L-- - -------------------- ---- ---- - ---- ---------------
Accepted on behalf of the UNITED STATES POSTAL SERVICE this day of •19
THE UNITED STATES POSTAL SERVICE
•
• By
WITNESSES: Walter Popaden, Jr.
• Title Manager, Real Estate .Branch
• • • • (Contracting Officer)
P. 0. Box 22725
• (Address)
Tampa, FL 33622-2725
(City.State and ZIP+4)
( 813 ) 228-2861
• (Telephone Number)
.
PS Form 7423,April 1985 Page 4
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CLAIMS AND DISPUTES (MAY 1983)
(a). This contract is subject to the Contract Disputes Act of 1978 (P.r.,
95-563, 41 USC 601-613).
(b) All disputes arising under or relating to this contract shall be resolved
under this clause. References to a Disputes clause in other clauses of this
contract shall be understood to be references to this Claims and Disputes clause.
(c) (i) "Claim," as used in this clause, means a written demand or assertion
by one of the parties seeking, as a legal right, the payment of money,
adjustment or interpretation of contract terms, or other relief arising under or
relating to
this contract.
(ii) A voucher, invoice, or request for payment that is not in dispute
when submitted is not a claim under the Act. However, where such submission is
subsequently not acted upon in a reasonable time, or disputed either as to
liability or amount, it may be converted to a claim under the Act.
(iii) A claim by the Lessor shall be made in writing and submitted to the
Contracting Officer for decision. A claim by the Postal Service against the
Lessor shall be in the form of a decision by the Contracting Officer.
(d) For Lessor claims of more than $50,000, the Lessor shall submit with the
claim a certification that: (i) the claim is made ingood faith•• (ii) supporting
data are accurate and complete to the best of the Lessor's knowledge and belief;
and (iii) the amount requested accurately reflects the contract adjustment for
which the Lessor believes the Postal Service is liable. If the Lessor is an
individual, the certification shall be executed by that individual. If the
Lessor is not an individual, the certification shall be executed by a senior
company official in charge at the Lessor's plant or location involved; or by an
officer or general partner of the Lessor having overall responsibility for the
conduct of the Lessor's affairs. Claims less than $50,000 need not be certified.
(e) Any claim which Is not disposed of by agreement shall be decided by the
Contracting Officer who shall issue a decision in writing and shall mail or
otherwise furnish a copy of the decision to the Lessor. For Lessor claims over
$50,000 the Contracting Officer must decide the claim within 60 days or notify
the Lessor of the date when the decision will be made. For Lessor claims of
$50,000 or less, the Contracting Officer must render a decision within 60 days.
The Contracting Officer's decision shall be final and conclusive and not subject
to review by any forum, tribunal, or government agency unless:
y)
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(i) The Lessor appeals such decision to the Postal Service Board of
Contract Appeals within 90 days after the date the Lessor receives the
Contracting Officer's final decision; or
(ii) The Lessor brings an action directly on the claim in the United
States Claims Court within 12 months after the date the Lessor receives the
• Contracting Officer's final decision.
(f) The authority of the Contracting Officer under the Act does not extend
• to claims or disputes which other agencies are expressly authorized by status
or regulation to decide.
(g) The Postal Service shall pay interest on the amount found due on a
Lessor's claim from the date the Contracting Officer receives the claim
(properly certified, if required, in accordance with d, above), or from the
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date payment would otherwise be due, if that date is later, until the date
of payment. Simple interest will be paid at the rate, established by the Secretary of the Treasury, which is applicable when the Contracting Officer
receives the claim and then at the rate fixed by the Secretary for Bach
successive six-month period in which the claim is pending.
(h) Except as the parties may otherwise agree, pending final resolution of
a claim by the Lessor arising under the contract, the Lessor shall proceed
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diligently with the performance of the contract in accordance with the
Contracting Officer's decision.
All reference herein to LESSOR and LESSEE under this Outlease shall be
construed to be a direct reference to LESSOR (LISPS) and LESSEE (UNDERSIGNED
TENANT) created by this Outlease.
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