Resolution 332-1981
RESOLUTION NO. 332 -1981
RESOLUTION AUTHORIZING THE CHAIHHAN OF THE BOARD OF
COUNTY COHH;ISSIONERS OF MONRO~~ COUNTY, FLORIDA, TO
EXECUTE A LEASE AGREEHENT BY AND BET\JEEN HONROE
COUNTY, FLORIDA, AND THE DEPARTI1Et\TT OF IISAI..TH Arm
REHABILITATIVE SERVICES DISTRICT XI FOR HOLDING
FACILITY AREA SPACE.
BE IT RESOLVED BY THE BOARD OF COUNTY CQl11-lISSIONERS OF }lONROE
COUlITY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners of
Monroe County, Florida, is hereby authorized to execute a Lease
Agreernent by and between Monroe County, Florida, and the Depart-
ment of Health and Rehabilitative Services District XI, a copy
of same being attached hereto, for holding facility area space.
Passed and adopted by the Board of County Commissioners of
11onroe County, Florida, at a regular meeting of said Board held
on the 17th day of November, A.D. 1981.
BOARD OF COUNTY COll1'HSSIONERS
OF MON&crE COUNT.Y,: fLO~IDA
/
By
':/
'~:!ayor /Chairman
",1
(Seal}
l~ ;"
~.~ "f"ro!!
i~- _ '~; ,>' t(.~~ a~
'";,':",,ii.u~\\')"
Attest:
T-! '1>
~~" flO\~:"'ry~-::~
.9-.\'l~~rn. p~ o.~.
6 a Clerk I
BY
APPROVED AS TO FORM
AND SUFFICIENCY.
~ ~~~ 1
;--1
I.,
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
DISTRICT XI
LEASE AGREEMENT
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
WHEREAS State of Florida, Department of Health and Rehabilitative
Services wishes to enlarge an existing holding facility at such site to
serve clients at such location;
NOW THEREFORE THIS LEASE AGREEMENT entered into this
17th
day
of November A.D. 1981 between Monroe County, a political subdivision of
the State of Florida hereinafter called the Lessor and State of Florida,
Department of Health and Rehabilitative Services, hereinafter called the
Lessee,
WITNESSETH
That the Lessor for and in consideration of the covenants and
agreements 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 described as follows: Holding facility area space
consisting of 769 net square feet in the above described facility.
I. TERM
TO HAVE AND TO HOLD those certain premises which are described above
for a term of one year, commencing on the day 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 is hereby granted an
option to extend the term of this lease annually for a period not 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.
2
If the Lessee shall elect to exercise the aforesaid option, it 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.
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 to the Lessor the sum of $1.00 per
year payable upon the execution of the lease for the first year and
annually thereafter upon the anniversary of this lease. Payment to be
made to Clerk of the Circuit Court, Monroe County Courthouse, 500 Whitehead
Street, Key West, Florida 33040.
III SERVICES AND MAINTENANCE
1. Lessor will provrde utility (heat, 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
~essor, 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 or to any
person on the premises.
3
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
Lessor shall maintain fire insurance on the leased premises. However,
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 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 such repairs or alterations as may be deemed,necessary
for the safety, comfort or preservation of the leased premises, however,
~uch 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 the 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.
IX All notices required to be served upon the Lessor shall be served
by registered or certified mail, return receipt requested at County
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 receipt requested
at General Services Office, State of Florida, Dade Regional Service Center,
401 N. W. Second Avenue, Suite #950, Miami" Florida 33128
4
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.
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
in the presence of:
Approved as to form
County Attorney
10
;:-~-~ -G~~
and legality
LESSOR:
MONROE COUNTY, STATE OF FLORIDA
7' ~nll/J
~t/ C- C. C~I' "'-'_..~,(s:f/
/r ()seal)
Chairrnan,~~~~"COmm~~Or;r~IK
nh~ ~~ ~\j. 6. ".~ '1 t"' ail
Attest: .
(
By:
a~ ,;f?~~
AL-e e . '),. '/'7 FJ'
/ '
Approval Date:
Signed, sealed and delivered
in the presence of:
j:;~4:~~~r
LESSEE:
DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES
Approved as to form and legality Director, HRS General Services
District XI Legal Counsel,
Department of Health and
Rehabili ~erVi/~' ~:~/~:/F10~ida ,
BY'/~r_~'<':~. ' .fA- -9
Approval Date: /0'- 2-c:f' Y
kLa.~
!lu ::I- 33;2 . / 1tf I
STATE OF FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
DISTRICT XJ
LEASE AGREEMENT
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
WHEREAS State of Florida, Department of Health and Rehabilitative
Services wishes to enlarge an existing holding facility at such site to
serve clients at such location;
NOW THEREFORE THIS LEASE AGREEMENT entered into this
17th
day
of November A.D. 1981 between Monroe County, a political subdivision of
the State of Florida hereinafter called the Lessor and State of Florida,
Department of Health and Rehabilitative Services, hereinafter called the
Lessee,
WITNESSETH
That the Lessor for and in consideration of the covenants and
agreements 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 described as follows: Holding facility area space
consisting of 769 net square feet in the above described facility.
I. TERM
TO HAVE AND TO HOLD those certain premises which are described above
for a term of one year, commencing on the day thai: 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 effect:ive on the first day of
a calendar month.
The Lessor agrees that the Lessee shall have and is hereby granted an
option to extend the term of this lease annually for a periOd not 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.
2
If the Lessee shall elect to exercise the aforesaid option, it 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.
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 to the Lessor the sum of $1.00 per
year payable upon the execution of the lease for the first year and
annually thereafter upon the anniversary of this lease. Payment to be
made to Clerk of the Circuit Court, Monroe County Courthouse, 500 Whitehead
Street, Key West, Florida 33040.
III SERVICES AND MAINTENANCE
1. Lessor will provrde utility (heat, 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
~essor, 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 or to any
person on the premises.
3
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
Lessor shall maintain fire insurance on the leased premises. However,
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 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 such repairs or alterations as may be deemed necessary
for the safety, comfort or preservation of the leased premises, however,
puch 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 the 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.
IX All notices required to be served upon the Lessor shall be served
by registered or certified mail, return receipt requested at County
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 receipt requested
at General Services Office, State of Florida, Dade Regional Service Center,
401 N. W. Second Avenue, Suite #950, Miami" Florida 33128
4
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.
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
in the presence of:
LESSOR:
MONROE COUNTY, STATE OF FLORIDA
/1)
(/
i
Approved as to form and legality
County Attorney
Attest:
.r
By:
Approval Date:
Signed, sealed and delivered
in the presence of:
;La.~
A oved as to form and legality Director, HRS General Services
District XI Legal Counsel,
Department of Health and
Rehabilitative Services, State of Florida
BY:~~r~, Q
Approval Date: /C:?-"';?~~-
LESSEE:
DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES