Resolution 109-1982RESOLUTION NO. 109 - 1982
RESOLUTION AUTHORIZING THE SHERIFF OF MONROE COUNTY
TO EXECUTE A LEASE FOR OFFICE AND STORAGE SPACE WITH
THE UNITED STATES POSTAL SERVICE.
WHEREAS, a critical need exists for office and storage space
for the Sheriff of Monroe County.
WHEREAS, the United States Postal Service has offered to lease
certain buildings it owns to the Sheriff of Monroe Counts for $1.00
a year and these buildings will ease the office and storage space
problem on a temporary basis.
WHEREAS, it is in. the best interest of the citizens of Monroe
County to accept this lease for the benefit of the County.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
1. That the Sheriff of Monroe County is hereby authorized to
execute a lease with the U.S. Postal Service for use of their building,
a cony of said lease being hereto attached and made Part hereof,.
2. That the Sheriff of Monroe County is hereby authorized to
expend funds from his current budget in making the buildings rented
from the U.S. Postal Service servicable for Sheriff Department use.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting held on the 22nd day
cf March, A.D. 1982.
(SEAL)
Attest:
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BOARD OF COUNTY COMMISSIONERS
OF MONRO COUNTY, FLOIRDA
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By_
Ma or Chairman
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FIELD REAL ESTATE AND BUILDINGS OFFICE
P.O. Box 22725
Tampa, FL 33622-2725
March 5, 1982
William A. Freeman, Jr.
Sheriff of Monroe County Florida
500 Whitehead Street
Key West, FL 33040
Dear Mr. Freeman:
Subject: New Outlease - Key West, FL
Enclosed are the original and one copy of the subject lease agreement
for the four acre parcel, with improvements, in Key West, FL.
Please sign and date both copies of the agreement with two witnesses,
and return to this office. Upon acceptance by the U. S. Postal Service,
an executed copy will be returned to you.
If you have any questions, please contact our office at 813/228-2861.
Sincerely,
R. M. DeHainaut
Realty Management and
Acquisition Specialist
SNR4:mp
Enclosures
.2-q
U, S. POSTAL SERVICE
' LEASE AGREEMENT
h March 19 82 by and
1. THIS LEASE. entered into this day of , ,
between the UNITED STATES POSTAL SERVICE, hereinafter called Lessor, and Will i am A. Freeman, Jr
I Sheriff of Monroe County Florida
hereinafter called the Lessee, whose address is 500 Whitehead , Key West, FL 33040
'S�treet
to use and occupy the property hereinafter described under the terms al'4td subject to the conditions contained herein.
2. WITNESSETH: The Lessor hereby leases to the Lessee the following described premises, viz: A four acre parcel having
approximately 352 feet of frontage along Whitehead Street and with an average
depth and frontage along both Eaton and Fleming Streets in the City of Key West,•
Florida. Also included is.the.use of five total structures and a portion of a
sixth structure located to the rear of the site.
To btuseA,exclusivelyfor the following purpose(s): General-. Off i ce and Storage
3. TO HAVE AND TO HOLD the premises with their appurtenances under the following term: (One of the following paragraphs "A" or `B" must
be deleted.)
A.
Month-t -M :.This is a month -to -month tenancy for an indefinite period beginning March 4
19 2, and may be terminated at any time by either.party giving to the other a thirty days' written notice. .
B.
Fixed;ferm: To have and to hol aid premises with their appurtenances for a term of ( ) months
beginning , 19_, and endings —, 19
This agreement may ewed, at the option of the Lessee providing that 30 ar, ten notice is given before. the end of the fixed
for folloeparate consecutive terms and at the.following in tals:
term, the and
NO. MONTHS
AT
(Per monrn rental)
NO. MONTHS
_
AT
(Per month rental)
NO. MONTHS
t
AT
(Per month rental
-
a.:. DE.
tI ED
b. DE
ETED
C.
1
C Ths Lessee shall pay the Lessor an annual rental of one dollar
$ '•1 :00 ,-P*% lx=koctAst)aR*xxxxxxXXXXXXYxxxx*&)q R�r�t X�zcas,�43Sei4X 5T5 4�X
All payments shall be made payable to the Disburs; Officer, United States Postal Service, and contain the following Postal Service finance sub -
location number for identification purposes 1 `+620—G O 1 All payments are to be paid by check or money order and mailed
or delivered to the Disbursing Officer, U.S. Postal Service,)'�Cf)Qs>�iX:ii)(:��rXb�%a(it�$i�$eYariti�ri't
P.. 0. Box 22725, Tampa- FL-.33622-2725.
S. The Lessor shall furnish the Lessee under the terms of this lease services and utilities as follows:
The lessor provides only those utilities and -services currently -available to
the property. The lessee is responsible for payment. "of aTT metered and
recurring utility charges including-tele'hone.. The lessee agrees to mainta-in.
the premises and provide janitorial. -services..
If heat or airconditioning 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
Nov.1978 7423
rare i
- --
d. The Lessor shall, otherwise specified herein and except for damages resulting from the alMigence of the Lessee, his agents
or employ-Ers, mavatzin :n good repair and tenantable condition the demised premises, including the building and any and all equipment, fix-
tuI4s, and Fppartenances, whether severable or nonseverable, furnished by the Lessor under this lease.
9. Lessec 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 pre-
mises, 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 occupa-
tion 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 per-
mits 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 pre-
mises, other Lessees, or the building in part or whole, nor shall Lessee use the leased premises so as to cause damage, annoyance, nuisance or
inconvenience to the building occupants or others.
13. Lessee, Lessee's agent; employees, invitees or visitors, shall comply fully with all Rules and Regulations Governing Conduct on Postal -Pro-
perty 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, addi-
tions or alterations as Lessor considers necessary for the safety, improvement or preservation of the Lessee's premises or any part thereof.
15. Unless otherwise specified herein, Lessee shall, without expense to the Lessor and to the satisfaction of the Lessor, obtain and carry public
liability insurance coverages for third party bodily injury liability with limits of liability for bodily injury and third party property damage
yliability in the amounts specified by the U.S. Postal Service Contracting Officer."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 for general thud party.
liability shall include an endorsement naming the United States Postal Service, as an additional insured. The policy shall include the following
endorsement: "It is a condition of this policy that the insurance company shall furnish written notice to the United States Postal Service, in
writing, thirty (30) days in advance of the effective date of any reduction in or cancellation of this policy."
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
conditions, covenants or agreement 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 prescribed by any statute whatever, and (b) on authority hereby granted the Lessor by the Lessee to 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.
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 hereby leased, the obligation for the payment of the tax will be wholly that of the Lessee.
18. No member of or delegate to Congress, or Resident Commissioner shalt 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 writ-
ing. _
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
understanding 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 oa violation of this warranty, the Lessor shall have
the right to annul this lease without Iiability, or in its discretion, to require Lessee to pay in addition to the contract price of consideration, the
full amount of such commission; percentage, brokerage, or contingent fee.
21. Tne failure of Lessor to insist in any one or more instances upon performiance 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 conditon, but 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 tirpoe to time speci-
fy 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 for such purpose. The Contracting Officer is
the Lessor's representative and is the only person who has authority to sign or amend the terms or conditons 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, privi-
lieges, 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, privileges or license whatsoever in connection with this
lease. _
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. _
PS Form 7423 Page 2
Nov. 1978
. 2I
26. if 'tile property !eased i_ �f r qn ru:g, the reco.ding Cf leases; t:,e 1. e�, :c shall c:ampl�� `x'iti; t_,tory requirements
at Lessee's expense. _;. �`
2 'It is understood and' a '�aVthis lease is subordinate to the lea se dated n
between the United S ti9� Service and
and to any pre-existin ortage on the demised premises, and that an�where the woV : > ssor or Lessee appears in this lease, these words shall
become Sublessor and Sublessee.
28. The following paragraphs were deleted before execution of this lease:
3B(a, b and c), and 27.
29. The following paragraphs or documents were incorporated before execution of this lease:
A. Lessee shall hold harmless and indemnify the U. S. Postal Service against
any injuries to anyon6 during the use of the property.
B. Lessee agrees to mow all lawn areas.; _
C. Lessee agrees to patrol the property and keep out potential vandals.
D. Lessee may make minor alterations to the improvements.(paintin-g, etc.).
Page 3
PS Form '---u
Nov. 1978 7423 _ ---- - -
i['; ti`CC:d SS ii'HF,REOF, s t1t<ct� ;, we signed and sealed their -)resents on the date indicated be
Executed this day of 19
SEAL
William A. Freeman, Jr.
Sheriff of Monroe County Florida A. ( Corporation)
(Company; Corporate or Partnersh ip Am (Srate)
WITNESSES: Its
(Title)
By
Its
(Title)
(Individual)
(Individual)
(individual)
(Individual)
500 Whitehead Street, Key West, FL 33040
--------------------------------------------------------------------------------------
Accepted on behalf of the UNITED STATES POSTAL SERVICE this day of 19
THE UNITED STATES POSTAL SERVICE
By
W..J. Broadwater
WITNESS: Title Manager,_ -Real Estate Branch
(Contracting Offu:er)
T . 0. Box 22.725 --
Tampa, FL 33622-2725
(Address)
(City, State and ZIP Code)
PS Fo,m 7423 Page 4
_- NoTv..1978 —