08/18/2004 Lease
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
September 7, 2004
TO:
Reggie Paros, Director
Public Safety Division
ATTN:
Stacy DeVane, Executive Assistant
Public Safety Division
Pamela G. Hanc~
Deputy Clerk
FROM:
At the August 18, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Lease Agreement between Monroe County and Beyer
Funeral Home to lease premises for use as Medical Examiner facilities for a one year period,
effective October 1,2004, at a cost of$215.00 per month, total of$2,580.00 per year.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact tbis office.
cc: County Administrator wlo document
County Attorney
Finance
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LEASE AGREEMENT
THIS LEASE is made and entered into this 18th day of August, 2004, by
BEYER FUNERAL HOME, 101640 Overseas Highway, Key Largo, Florida 33037,
hereafter LESSOR, and Monroe County, a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, hereafter COUNTY.
WHEREAS, LESSOR is the sole owner of the premises described in this lease;
and
WHEREAS, the COUNTY desires to lease premises for use as a Medical
Examiners facilities; now, therefore
IN CONSIDERATION of the mutual covenants contained herein, the parties
agree as follows:
Section 1. LESSOR leases to the COUNTY refrigeration and operating
facilities at 101640 Overseas Highway, Key Largo, Florida.
Section 2. The COUNTY shall use the premises solely for functions of the
Medical Examiner's Office.
Section 3. The term of this lease is for one year, commencing October 1,2004
and ending September 30, 2005. The County may exercise an option to renew this lease
for one additional year under the same terms and conditions by providing to Lessor at
least sixty days prior to the expiration of the agreement written notice of the exercise of
option.
Either party may terminate this Agreement without cause by giving sixty (60) days
written notice to the other indicating its desire to terminate same.
Section 4. The total rental due for the premises for the first year period is
$2,580.00, payable monthly as follows:
a) Beyer's Funeral Home Facility at $215.00 per month, which includes
refrigeration and use of the facilities for autopsies and post mortem examinations.
The LESSOR shall submit monthly invoices to Monroe County Public Safety
Division, 9400 Overseas Highway, Suite 200, Marathon, Florida 33050 for processing.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the HOCC.
Section 5. The COUNTY shall be responsible for providing all equipment
needed to carry out the functions ofthe Medical Examiner.
Section 6. All utility and normal refuse services shall be supplied by
LESSOR, with the exception ofbiohazardous waste, which is under the jurisdiction of the
Office of the Medical Examiner.
Section 7. The COUNTY may not assign, sublease, pledge, mortgage or
hypothecate this lease or any interest that the COUNTY has under this lease without the
permission of the LESSOR.
Section 8. The COUNTY is liable for and must fully defend, release,
discharge, indemnify and hold harmless the LESSOR from and against any and all claims,
demands, causes of action, losses, costs and expenses of whatever type - including
investigation and witness costs and expenses and attorney's fees and costs - that arise out
of or are attributable to the COUNTY'S operations at the premises, excluding those
claims, demands, damages, liabilities, actions, causes of action, losses, costs and
expenses that are the result ofthe sole negligence of the LESSOR, pursuant to the terms
and conditions of Florida Statutes ~768.28.
Section 9. The LESSOR for itself, its personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree
that no person on the grounds of race, color, or national origin shall be discriminated
against by LESSOR in the provision of services or employment or other applicable
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation Subtitle A, Office of the Secretary, Part 21, Effectuation of
Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
That in the event of breach of the above nondiscrimination covenants, the County
shall have the right to terminate this agreement as if said agreement had never been made
or issued. The provision shall not be effective until the procedures of Title 49, Code of
Federal Regulations, Part 21 are followed and completed including exercise or expiration
of appeal rights.
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Section lO. This lease agreement is governed by the laws of the State of
Florida. Venue for any litigation arising under this lease agreement must be in a court of
competent jurisdiction in Monroe County, Florida.
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ATTEST: DANNY KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
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warrants that hefit has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
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Date:
STATE OF
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PERSONALLY APPEARED BEFORE ME, the undersigned authority,
IH A-/2.J1- Y IlJ 'J: 1.3 ~r!'L
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this 2...J day of
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MYCO~iSSi~:={~t+?f
~:~ c. WilliAM LANGSTAFF
\.. .)J MY COMMISSION 11 DO 184788
....,.OF"'~ EXPIRES: November 13, 200lS
l<<lC).3.NQTARY R. Nol8ry SIrvIat & ~ lnc.
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