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Resolution 041-1979 RESOLUTION NO, 41 -1979 A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A LEASE FOR REAL PROPERTY BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND THE DEPARTMENT OF COMMERCE, NOAA, NATIONAL WEATHER SERVICE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Chairman be authorized to execute a Lease for Real Property by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, and THE DEPART11ENT OF COMMERCE, NOAA, NATIONAL WEATHER SERVICE, a copy of same being attached hereto, Passed and adopted by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 27th day of February, 1979. Bo~rr OF COUNTY COMMMISSIONEES~~, MOTROE COVN'!J, /~DA 'Y:i1W e.{/ / ,/ , By ~ ;:...- '~5:',~':'-L-::2;' :___________ '; \ Chai~an '-- (Seal) Att{~~/ ~~ Cler f HEREBY CERTIFY that this document has '-'PP:1, e(l\i::e''',i<'CJi fO"r' :0(,_,,1 ~LI"'fl' L...." ~"'. I '..; '. , ,", ,'........ '"' > I.......t:>(.[ I .:J I - cfency awl tliat the same meets with my approvab By /,(~/~~///'1t::-i:/ -' , Attorney's Office '-S ,:) '~'1,-1i . EAGE 0 I ~\ - APPROVED ON aOOK - r:~) -+t-- ;1 -, ~1 ') / '" (1 snN'),~RD FCRM 2-8 l LEA S E FEBRUARY 1965 EDITION U.S. Government GENERAL SERVICES DATE I NO ~~~I(~:S~~~~I?_~6601 Lease for Real Property (Short Form) ebruary 1. 1979 N~7qWRF'OOnn The LESSOR leases to the UNITED STATES OF AMERICA, hereinafter calJed the GOVERNMENT, the described premises on the terms stated herein, including the conditions on the reverse hereof. 1. LOCATION OF LEASED PREMISES Key West International Airport Key West, Florida 2, DESCRIPTION OF LEASED PREMISES Approximately 912 net usable square feet of space, consisting of on unnumbered office room (approximately 567 square feet) partitioned into three portion on the second floor, one unnumbered storage room (approximately 273 square feet) on t second floor, and one unnumbered storage room (approximately 72 square feet) on the first floor of the Administration Building; and roof and/or ground space as may be .mutually agreed~~he parties hereto for installation of instrumental equipment with 3, TERM, To have and to hold: (continuedY' For the term beginning _____________f.~RrJJ_?x.Y__JL.1_~l~_.._________..._____ through -____m~~P'~,~~1;>_~~__~.QLJ?,?_9.,__..______,_____. s h~li Yba~ t~~~~~h:~ei~~ i!~ n~~~e~~~~_ - Ir om-- y-e-a-r---t 0 ~ ~~Ii1!lt{i h~-2t-- f ~~ ~ h-er- - -nO t Ie -e- - -ilTile s -s t~iAJease until the Government shall give notice of termination, in accordance with Clause 4; Provided, that adequate appropriations are available from year to year for the paymen of rentals, and provided further, that this lease shall in no event extend beyond Sep 30, 1984, 4, TERMINATION, The Government may terminate this lease at any time by giving at least thi..r,ty.{30.)___ days' written notice ~_.!.~e_Lessor. Said notice shall be computed commencing with ....!he daLafter the date of mailing, 5. RENTAL, The Government shall pay the Lessor annual rent of S_l._OO..__________________,__ at the rate of $,l,_QQ_,______________________ per --annum-----m----___ou__, in arrears, Rent for a lesser period shall be prorated. Rent checks shall be made payable to: Board of County Commissioners Monroe County Key West, Florida 33040 ,- , ."~",." - 6, SERVICES AND UTILITIES (Enler "X" in box for each ilem 10 be provided by Lessor as pari of lease) o (I) HEAT 0 (5), CHILLED DRINKING WATER [J (9) TOILET SUPPLIES o (2) ELECTRICITY 0 (6) AIR CONDITIONING m JANITOR SERVICE AND SUPPLIES __ _.. __ Ono_____ On, o (3) POWER (SPecial equipment) 0 (7) ELEVATOR SERVICE 0 E LEI INITIAL LAMPS, TUBES, (Frequency) BALLASTS AND REPLACEMENTS [J (4) WATER (Hol and cold) 0 (8) WINDOW WASHING (Quarterly) 0 (12) MECHANICAL VENTILATION o (13) OTHER (SPecify) 7, SPECIAL OR OTHER PROVISION(S) AGREED UPON '-"'';; 2, (continued) cable connections; all space located at the Key West International Airport, Key West, Florida, which space shall be readily and conveniently accessible at all times, Prior to signature by either party Paragraph 6 was deleted; Paragraph 4 and the words "heirs, executors, administrators" in Paragraph 7 were deleted from the General Pro- visions; Sheet No, 3 containing Paragraphs 8 and 9 was attached and made a part of this lease. LESSO R Board of County Commissioners =ZZ~d~..Q~~R~...... (Signature) UNITED STATES OF AMERICA, Depar tment of Commerc e, W her rvice N ----_____-0 Procurement Officer .____ __ _ _R__ ___ _ _ _____________ _ __ _____ _ _ __ ______ _ ____ _ _ _ __ _ _ _ __ _ _ ___________ _ ___ (Officiallille) 2-301 (See General Provisions on reverse) t, .... GENERAL PROVISIONS I. MAINTENANCE OF PREMISES The Lessor shall maintain the premises and property furnished under this lease in good repair and tenantable condition during the continuance of this lease, except in case of damage arising from the act or the negligence of the Government's agents or employees, For the purpose of so maintaining said premises and property, the Lessor may, at reasonable times approved by the Government, enter and inspect the same and make any necessary repairs therew, 2, DAMAGE BY FIRE OR OTHER CASUALTY If the said premises be destroyed by fire or other casualty this lease shall immediately terminate. In case of partial destruction or damage, so as 10 render the premises untenantable, as deter- mined by the Government, the Government may lerminate the lease by giving wrillen notice to the Lessor within fifteen (15) days thereafter; if so terminated no rent shall accrue 10 the Lessor after such partial destruction or damage; and if not so terminated lhe rent shall be reduced proporlionately by supplemental agree- ment hereto effective from the date of such partial destruction or damage, 3, ALTERATIONS The Government may make alterations, attach fixtures or signs and erect structures in or upon the leased premises, all of which shall be the property of the Government, 4, CONDITION REPORT A joint physical survey and inspection report of the demised premises shall b~T-'t ~f rM'+~ date of this lease, re- flecting the then ~€lokd.i.tEm. aid flU be signed on behalf of the parties hereto. 5. OFFICIALS NOT TO BENEFIT No Member of or Delegate to Congress, or Resident Commis- sioner shall be admitted to any share or part of this lease contract, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this lease contract if made with a corporation for its general benefit, 6. APPLICABLE CODES AND ORDINANCES The Lessor, as part of the rental consideration, agrees to com- ply with all codes and ordinances applicable to the ownership and operation of the building in which the leased space is situated and, at his own expense, 10 obtain all necessary permits and related items, 7, LESSOR'S SUCCESSORS The terms and provisions of this lease and the conditions herein shall bind the Lessor, and the .lessor's heirs, ellenHSfG, a(/fRiAis ~ successors, and assigns, '. '. ". 8. COVENANT AGAINST CONTINGENT FEES The Lessor warrants that no pt:rson or selling agency has been employed or retained to solicit or secure this lease upon an agree- ment or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purpose of securing business, For breach or viola- tion of this warranty the Government shall have the right to annul this lease without liability or in its discretion to deduct from the rental price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or con- tingent fee, (Licensed real estate agents or brokers having list- ings on property for rent, in accordance with general business practice, and who have not obtained such licenses for the sole pur- pose of effecting this lease, may be considered as bona fide em, ployees or agencies within the exception contained in this clause.) STANDARD FORM 2-8 FEBRUARY 1965 EDITION 9. FACILITIES NONDISCRIMINATION (a) As used in this section, the term "facility" means stores, shops, restaurants, cafeterias, restrooms, and any other facility of a public nalure in the building in which the space covered by this lease is located, (b) The Lessor agrees that he will not discriminate by segre- gation or otherwise against any person or persons because of race, creed, color, or national origin in furnishing, or by refusing to furnish, to such person or persons the use of any facility, includ, ing any and all services, privileges, accommodations, and aClivi- ties provided thereby, Nothing herein shall require the furnishing to the general public of lhe use of any facility customarily fur- nished by the Lessor solely to tenants, their employees, customers, patients, cliems, guests and invitees, (c) It is agreed that the Lessor's noncompliance with the provi- sions of this senion shall constitute a material breach of this lease, In the event of such noncompliance, the Government may take appropriate action to enforce compliance, may terminate this lease, or may pursue such other remedies as may be provided by law, In the event of termination, the Lessor shall be liable for all excess costs of the Government in acquiring substitute space, including but not limited 10 the cost of moving to such space. Substitute space shall be obtained in as close proximity to the Lessor's building as is feasible and moving costs will be limited to the anual expenses thereof as incurred, (d) It is further agreed that from and after the date hereof the Lessor will, at sllch time as any agreement is to be entered into or a concession is to be permilled to operate, include or require the inclusion of the foregoing provisions of this section in ever}' such agreement or concession pursuant to which any flerson other than the Lessor oflerates or has the right to operate any facility. Nothing herein contained, however, shall be deemed to require the Lessor to include or require the inclusion of the foregoing provisions of this section in any existing agreement or concession arran;:;ement or one in which the contracting party other than the Lessor has the unilateral right to renew or extend the agreement or arrangement, until the expiration of the existing agreement or arrangement and the unilateral right to renew or extend, The I.essor also agrees that it will take any and all lawful actions as expeditiously as possible, with respect to any such agreement as the contracting agency may direct, as a means of enforcing the intent of this section, including, but not limited to, termination of the agreement or concession and institution of court action. 10. EXAMINATION OF RECORDS (NOTE: This provision is applicable if this lease was negotiated wilhout advertising,) a, The Lessor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of -' years after final payment under this lease, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Lessor involving transac- tions related to this lease, b. The Lessor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the Comptroller General of the United States or ,his repre- sentatives shall, until the expiration of 3 years after final payment under this lease with the Government, have access to and the right 10 examine any directly pertinent books, documents, papers, and records of such subcontractor involving transactions related to the subcontract. 11. INSTRUCTIONS Whenever the lease is executed by an attorney, agent, or other person, or corporation on behalf of the Lessor, the name of the Lessor shall appear above the signature of the person signing, U,S, GOVERNMENT PRINTING OFFICE, 1965--0-779-360 -3- 8. It is understood and agreed by the parties hereto that this lease supersedes and stands in lieu of Lease 06-7-021-61199 which expired by limitation on September 30, 1978, and extended on a month-to-month basis by the Board of County Commissioners in letter dated August 31, 1978, 9, If at any time during the period of this lease or any renewal thereof, the Lessor desires to change the location of sites furnished the Government pur- suant to this agreement, or the Lessor changes or modifies his facilities (runways and other areas) in such a manner so as to adversely affect or render useless Weather Service equipment, facilities, and/or their 'related power, con- trol or signal lines, any expenses for repair, or for removal of facilities and installation of equivalent facilities at any other site agreeable to the Govern- ment shall be at the expense of the Lessor. . ~I'-. ,...