Resolution 354-1983 -- •.tit
Mayor Wilhelmina Harvey
RESOLUTION NO . 354 -1983
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE
STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILI-
TATIVE SERVICES DISTRICT XI AND MONROE COUNTY, STATE
OF FLORIDA, PROVIDING FOR EXTENSION OF PRESENT LEASE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows :
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
execute a Lease, Agreement by and between the State of Florida,
Department of Health and Rehabilitative Services District XI and
the County of Monroe, State of Florida, a copy of same being
attached hereto, providing for an extension of present lease.
Passed and adopted. by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 16th day of December, A.D . 1983 .
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
By
Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
tY • pk);AdiA), C,
Clerk
APPROVED AS TO FORM
AN' AL SUFFICIENCY
BY _ . ' r
Attorneys Office
STATE OF FLORIDA
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DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES •
DISTRICT XI '
LEASE AGREEMENT•
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WHEREAS the Monroe County, a political subdivision of the State of -
Florida has possession of certain real property known as the Old Monroe
County-Jail Facility, 500 Whitehead Street; Key West, • Florida and
j TIIERE.AS. State of Florida, . Depar't.ment. of Health and Rehabilitative
Service's Wishes, to enlarge an existing holding facility at such- site to
serve clients at such .locat;ion; • . -
NOW THEREFORE 'TITS LEASE AGREEMENT .t AGREEMENT-'entered into his _��
!� day
of ?Iovember :A..D. 1981 'be,:weep. Monroe County, a 'political 'subdivision _ of
the State of. Florida hereinafter called the Lessor and State o€ 'Florida ,
Department of Health and Rehabilitative Services, hereinafter called . the
Lea see,.
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WITNESSETH
That the Lessor for and in consideration of the covenants and
. alr.• ements to be kept and performed by the Lessee, has demised and leased
to the Lessee, for the term and under the conditions hereinafter sat ouL,
those certain premises described as follows: Holding facility area space
consisting of 769 net square :feet in: the above described facility .
• :I . `J:'ERM . . •
• ' TO HAVE AND TO HOLD those certain premises which ,are describes; .above
fora term of one year, commencing on the 'da.y that construction renovations
begin, . as agreed upon by- both parties. Said. tenancy may be cancelled by
either party upon .mutual agreement with the condition that the cancelling •
.party give -at least one hundred and twenty (120) days notice prior to
vacating the. premises; said notice shall be effective on the first day of
a calendar- month. ' '
The Lessor agrees that the Lessee shall have •and 'kis hereby 'gr.anted an
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.option to extend the term of this lease .annually. for a period net exceeding
. ten years , such extended terms to begin respectively upon the expiration
. of the term of this lease and all terms, covenants. and provisions of this
lease shall apply to the extended terms .
If the.I,essee. sh_lect to exercise the aforesaid optic shall :do so
by giving. the Lessor notice of its intention to do .so not less than one
hundred and twenty (120) days: prior to the expiration of the term of this .
lease. • • • i
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 aced the Lessee 'agrees to pay to ' the Lessor the sum of $1. 00 per
ye:_ .t . :.ayabl e upon the execution of the lease for the first year and
annually thereafter .upon the anniversary- of this lease. Payment to be.
Na e to Clerk Of the Circuit ,Court, Monroe County Courthouse, .500 Whitehead
Street: , Key west, Florida. 33040. .
III. SERVICES AND MAINTENANCE •
1: . Lessor will provide utility Meat, air, electrical:, water,
sewerage., power, -etc. ) , pest ' control , trash removal, _.and security services
for Leased. premises during the term of the lease. . Lessee shall reimburse
Lessor on a monthly basis for such services. Such pro rata share shall
be based on the amount Of square footage leased to the Lessee. Lessee
.shall' have right to make alteration to . the leased premises for present
or other usage after first' having obtained written consent thereto from the
Lessor, who shall not capriciously withhold such consent.
2. Lessee will provide telephone equipment and service for leased
premises .
e. Lessor will .provide interior and exterior maintenance and repairs
to the leased premises to include replacement of bulbs, lamps, tubes , and
starters for lights. In addition, Lessor shall provide the above in •
accordance with generally accepted standards, to include .repainting ,
replacement of damaged or worn tiles, window replacement, etc . , except as
to damage or misuse caused by. the Lessee or its occupants .
IV. . INJURY OR DAMAGE TO PROPERTY ON PREMISES •
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, and except For any
negligence of the Lessor, the Lessor shall' not be liable to the Lessee
or any other -person for any . injury, loss or 'damage to property br- to any •
• person on .the. premises. • • •
•V. FIRE AND OTHER HAZARDS '
In the event the leased premises, . or a major part thereof are
destroyed by fire, act of God or 'other casualty, the Lessor may, at its
- option repair the damage to such leased premises at its own expense. The
pro: rata* share of expenses (Article III) thereon shall cease until the . •
completion of such repairs . Should Lessor elect to repair :the: leased'
premises , upon the completion of such repairs, the full pro rata share -
: of expenses shall commence and the lease shall then continue for the •
• balance of the term.
VI . . INSURANCE
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. Lessor shall maintain fire insurance on the leased premises. . However,
Lessor Shall not be liable to carry fire insurance on the person or
property' ofthe Lessee or any.other• person or property which may now
or. hereafter be placed on the leased premises. • • •
VII . RIGHT. OF LESSOR TO ,INSPECT •
• The Lessor, at all' reasonable times, upon due notiCe, to the Lessee,
• may enter into and upon—the leased premises. for the purpose of viewing
the same and to make stich repairs or alterations: as may be deemed necessary
'for' the safety, comfort or preservation "of the. leased premises, however,
such notice shall not be necessary in the event of -an emergency.
VIII . AVAILABILITY OF FUNDS • ' • • •
The obligations of the Lessee under this lease agreement 'are subject'
to availability of funds lawfully appropriated for its purposes by
the Legislature of the .State of' Florida' and/or 'the availability of funds
through contract or .grant programs, • . .
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IX ' All notices 'required -Co be Served upon the Lessor Shall be served .
by registered or certified mail, return receipt requested at bounty
Administrator, Monroe County, Public Service Building,. Stock Island, Key
West, Florida 33040 , and all. notices required to be served upon the Lessee
Shall be 'served by registered or 'certified mail , return receibt requested
at General Services Office , State of Florida ,' Dade RegiOnal Service Center,
. 401 N . W. Second Avenue, Suite #950 , Miami , Florida 33128 - •
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X. PROPERTY INVENTORY
Inventory •of property or fixtures which are property of the Lessor
and to be used by the Lessee are attached hereto and made a part of this
• Lease Agreement as an addendum hereto.
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IN WITNESS WHEREOF, the Lessor and Lessee have caused this Lease
Agreement to be executed by their respective and duly authorized officers
the day and year first above written. .
Signed, sealed and delivered LESSOR:
• in the presence of: MONROE COUNTY, STATE OF FLORIDA
•
(Seal)
Chairman, County Comh
Approved as to form and legality
County Attorney Attest :
. • Clerk of Circuit Court
By:
Approval Date:
Signed, sealed and delivered • LESSEE:
in the presence of: DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES
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c7' 7---- Jelti,(4, ( d • ((.._-4,e14,..
i;proved as to form and legality • Director, FIRS General Services
District XI Legal Counsel,
Department of Health and .
Rehabilitative Servi -, Statp of Florida
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Approval Date: /61- - -•/2626e' / •
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Terericement Attachment to Lease 590 :9011111
WHEREAS Monroe County, a political subdivision of the State, , r
Florida,. as lessor and the State of Florida, Department of Health and
Rehabilitative Services , as lessee, entered into a lease agreement on
the 17th day of November A.D. 1981 .
WHEREAS the lease term was to be established as commencing. on the
day that construction renovations began, as agreed upon by both parties .
WITNESSETH
That the lessor and lessee hereby agree to and establish the commencing
date of the lease term as the. l day of Ock ,< ee A.D.
The covenants and conditions contained in the original lease agree-
ment no. 590 :9043 remain in effect as incorporated herein.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this
instrument for the purpose herein expressed, this day of
1983 , A.D.
Signed, sealed and delivered LESSOR:
in the presence of: MONROE COUNTY, STATE OF FLORIDA
Chairman, County Commission
Attest:
Clerk of Circuit Court
Approved as to form and legality .
Monroe County Attorney
By:
Approval Date:
LESSEE:
Signed, sealed and delivered DEPARTMENT OF HEALTH AND
in the presence of: REHABILITATIVE SERVICES
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Director, HRS General Services
Approved as to form and legality .
District 11 Legal Counsel .
Department of Health and
Rehabilitative Services , State of Florida .
By .
Approval Date: