Resolution 066-1980
RESOLUTION NO. 66 - 1980
RESOLUTION AUTHORIZING THE CHAIRMAN
OF THE BOARD OF COUNTY CO~Th1ISSIONERS
OF MONROE COUNTY, FLORIDA, TO EXECUTE
U. S. GOVERNMENT LEASE OF REAL PROPERTY
BY AND BETWEEN THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE UNITED STATES Of AMERICA.
BE IT RESOLVED BY THE BOARD OF COUNTY CO~~ISSIONERS
OF MONROE COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners
of Monroe County, Florida, is hereby authorized to execute
U. S. Government Lease of Real Property by and between the Board
of County Commissioners of Monroe County, Florida, and the United
States of America, a copy of same attached hereto.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the 11th
day of March, 1980.
By
---
(Seal)
Attest: -~
...----' ...-"7
.....-/ /!/
",0" ,,' p'
/ ,~ ~/" ~
L-i?-~(" ,,' /Z-7~ r~/ -"
( Cler /' ~
APPROVED ON
BOOK tl
3'--//- K0
PAGE ? 0
APp,rmllED I!S "ft) .f:emil;
B' ANDIjC~~
Af~""d"
---
---' 1
qs
.
"1..
,.......-,
'"
l...L.J
--l
::::>
'..:::::l
~
.:c
:....:>
:/)
-.:
"
~'"'
~ J
. .>- C-
~
1..
>-
::C
.:l...tl
:...) .~
o
")-
:::::C
-.
- 0
=>z.
=>
~
/
-
J .' :."
,.....
k1c7 "# ~ ~ -
/9/0
/
(
STANDARD fC~M 2
FEBRUARY 196.5 EDITION
GENERA~ SERVICES
"DMINISTRATION
fPR (41 CfR) 1-16,601
D"TE Of ~EASE
u.s. GOVERNMENT
LEASE FOR REAL PROPERTY
I LEASE NO, NA80HBF00018
February 1, 1980
THIS LEASE, made and entered into this date by and between
whose address is
Board of County Commissioners
Monroe County .
Key West, Florida 33040
and whose intereu in the propeny hereinafter described is that of
Lessor
hereinafter caHed the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows:
1. The lessor hereby leases to the Government the following described premises: J
Approximately Six Hundred Twenty-One (621) net usable square feet of space on the
second floor of the Terminal Building; all space located at Key West International
Airport, Key West, Florida, which space shall be readily and conveniently access-
ible at all times.
to be used for
office quarters and uses incidental thereto
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on
o___.,_.o..Eeht:uary..l",l980..__on,__._____..__.n through __S~p_t_e.mp.~huJQ_,_.J.9.aQ__'hhm, subject to termination
and renewal rights as may be h~reinafter set forth.
3. The Government shall pay the Lessor annual rent of sAlS2...A_8uu__m________m___.____._____.u'____n__...______'___m'.
en tii:~~lJt1-tjl~~foj~~~~.F~~fa";Jliiie)i~ffiq~n~~~}~Jj:-~~~~J~~~?-~.-B~~~d--~i.-c~~~tymCi~=i~~~ioen~ e:,t
Monroe County, Key West, Florida 33040. Payment is contingent upon the passage OF
an appropriation by the Congress from which expenditures thereunder may be made _
4. The Government may terminate this lease at any time by giving at least uthir_t.y__(30}_ days' notice i1~\~fiPn~t 'd)
to the Lessor and no rental shall accrue after the effective date of termination. SaId notice shall be computed commenc-
ing with the day aher the date of mailing.
5. This lease may be renewed at the option of the Government, for the following terms and at the following rentals:
Four Thousand One lIundr~d Fifty.-T':lO and if8/l00Dollars ($4,152.43) per annnm and
othenlise upon the t2rras and conditions hereL1. specified; PROVIDED, that no renew-
al thereof shall extend tile p~riod of occupancy of the pre'ni81~sbeyon<l the thirt-
ieth day of September, 1985. -- , --
provided notice be given in writing to the Lessor -at least -thir.t.y-(-30) days before the end of the original lease term
or any renewal term; all other terms and conditions of this lease sh.\1I remain the same during any renewal term.
Said notice shall be computed commencing with the day after the date of mailin~.
*and the United States shall not be obligated upon tailure of Congress to so appro
- 2-106 prl.ate.
'l'!+' +,....,..~, --<c_-.:.._-.~~:;-.-_,_._ __:_~;n
,.
qsf.}
I
I
,
i-J
...
-2-
~
6, The Lessor shall furnish to the Governrrient. as pa~t of the rental consid~r:ition, the following:
Hot and Cold Water (for drinking and toilet facilities);
Janitor Services and Supplies (to include daily sweeping
and cleaning of space, emptying waste baskets daily,
window washing and floor waxing and polishing as needed);
Toilet Facilities and Supplies;
Lighting fixtures and electrical outlets, including mainten-
ance;
Replacement bulbs, tubes, ballasts and starters.
')
..
7. The following are attached and made a part hereof:
The General Pro~isions and Instructions (Standard Form 2.A, -MaY-J..J..9-7-0. edition).
Page 3 (including Paragraph 9) was added.
- - 8. The- following changes were made in this lease prior W-rts execution:
Prior to signature by either party Paragraph 5 and the words "heirs, executors,
administrators" in Paragraph'.6 were deleted from the General Provisions.
-- - --- -- ---- -- --- -- --- - ---- -(Sig-"-ai;,-';j- ---- - - - - - - -- - - -- -- - - - -----
IN WITNESS \'VHEREOF, the parties hereto have hereunto subscribed their names as of the date first above
written.
LESSOR
. - - -- -- - - - - -- ------ - ----- ---- -'~i,'d;;I~T- -- - ---- - - -- - -- - -- -- - - - - - --
Procurement Officer
.----- ---------- ------ - - - - - T6iic-i-:.'-iili;)---------- - --------- ------
'.
STANDARD FORM 2
FE:::.RlIARY 1965 EDITION
!:J~.j',~.~,._. _,=.~_-:
(
~(GO~~RNM:~:R~-TI~G OFF:CE: 197~O -.m-06~5E
,0 ," '!7
:_.3"
<l.t
J,~
.,..-.-,~;::",..,...i~.~~~~---,-~,.;...,.ZC~:._..;.
,
'-\,,:;>~~,_~__';:'.-::"~.~_l"~~:.~,Jh,:. ...,~."<\'
;1:
".
~r.-o' J ~
Lease No. NA8m
118
'-
'~
-3-
9. Lessor shall, within four (4) months following the close of any calendar
year for which additional rental is due under provisions of this paragraph,
give written notice thereof to Lessee, which notice shall include a computa-
tion of such additional cost, in reasonable detail, and Lessee agrees to make
payment of such additional costs to Lessor within thirty (30) days following
receipt of such notice. . Lessee shall have the right, at its expense and at
reasonable times, to audit Lessor's books and records relating to any year
for which additional rental payments come due.
PAYMENT SCHEDULE:
Monthly Rental Annual Rental Rate Per
Period: Amount: Amount: Sq. Ft.
2/1/80 9/30/80 $346.04 $4152.48 $6.69
10/1/80 - 9/30/81 $380.64 $4567.73 $7.36
10/1/81 - 9/30/82 $418.71 $5024.50 $8.09
10/1/82 - 9/30/83 $460.58 $5526.95 $8.90
10/1/83 - 9/30/84 $506.64 $6079.65 $9.79
10/1/84 - 9/30/85 $557.30 $6687.62 $10.76
qs~
..-..
-- .."'
~,~~.
, "
--.c.:=-"'::''2!\-:"Lij,~=~~~:~'~~1.;,ji; -J,i.~.':"7."~
.~ "'-Z7
-.
"I
GENERAL PROVISIONS
1. SUBLETTING THE PREMISES.
The Government may sublet any part of the premises but
shall not be relieved from any obligations under this lease
by reason of any such subletting.
2. MAINTENANCE OF PREMISES.
The Lessor shall maintain the demised premises, including
the building and any and all equipment, fixtures, and ap-
purtenances, furnished by the Lessor under this lease in
good repair and tenantable condition, except in case of
damage arising from the act or the negligence of the Gov-
ernment's agents or employees. For the purpose of so main-
taining said premises and property, the Lessor may at
reasonable times, and with the approval of the authorized
Government repres'4ltative in charge, enter and inspect the
same and make any ~cessary repairs thereto,
3. 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 to render the premises unten-
antable, as determined by the Government, the Government
may terminate the lease by giving written notice to the
Lessor within fifteen (15) days thereafter; if so terminated
no rent shall accrue to the Lessor after such partial de-
struction or damage; and if not so terminated the rent shall
be reduced proportionately by supplemental agreement hereto
effective from the date of such partial destruction or damage.
4. ALTERATIONS.
The Government shall have the right during the existence
of this lease to make alterations, attach fixtures and erect
additions, structures or signs in or upon the premises hereby
leased, which fixtures, additions or structures so placed in,
upon or attached to the said premises shall be and remain
the property of the Government and may be removed or
otherwise disposed of by the Government.
5. CONDITION REPORT.
A joint physical sUfj~a '!UEn report of the de-
mised premises sJG'Tl\ de 0 tI effective date of this
lease, reflecting t~ 0 d , and will be signed
on behalf of the parties hereto.
6. COVENANT AGAINST CONTINGENT FEES.
The Lessor 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, percent-
age, brokerage, or contingent fee, excepting bona fide em-
ployees or bona fide established commercial or selling agencies
maintained by the Lessor for the purpose of securing, busi-
ness. For breach or violation of this warranty the Govern-
ment shall have the right to annul this lease without liability
or in its discretion to deduct from the rental price or con-
sideration, or otherwise recover, the full amount of such
commission, percentage, brokerage, or contingent fee. (Li-
censed real estate agents or brokers having listings on prop-
erty for rent, in accor~ance wit~ general business practice,
and who have not obtamed such licenses for the sole purpose
of effecting this lease, may be considered as bona fide em-
ployees or agencies within the exception contained in this
clau~) ,
7. OFFICIALS NOT TO BENEFIT.
No Member of or Delegate to Congress, or Resident Com-
missioner shall be admitted to any share or part of this lease
contract, or to any benefit that may arise therefro!TI; but
this provision shall not be construed to extend to thIS le~se
contract if made with a corporation for its general benefit.
8. ASSIGNMENT OF CLAIMS.
Pursuant to the provisions of the Assignment of Clai~s
Act of 1940 as amended (31 V.S.C. 203, 41 V.S.C. 15), If
this lease provides for payments aggregating $1,000 or
more claims for monies due or to become' due the Lessor
from'the Government under this contract may be assigned
to a bank trust company, or other financing institution,
including ~ny Federal lending agency, and .ma~ th.erea.fter
be further assigned or reassigned to any such lllstltutron. Any
such assignment or reassignment shall cover ~ll amoul).ts pay-
able under this contract and not already paid, and shall not
be made to more than one party, except that any such assign-
ment or reassignment may be made to one party as agent
or trustee for two or more parties participating in such fi-
nancing. Notwithstanding any provisions of this contract,
payments to an assigfiee of any monies due or to ~econ:re
due under this contract shall not, to the extent prOVIded m
said Act, as amended,. be subject to reduction or set-off.
~ -:" .
:~\i......
f ~. -.
I, .'
.,
-
9. EQUAL OPPORTUNITY CLAUSE.
(The following clause is applicable unless this contract is
exempt under the rules, regulations, and relevant orders of
the Secretary of Labor (41 CFR, ch. 60).)
During the performance of this contract, .the Contractor
agrees as follows:
(a) The Contractor will not discriminate against any em-
ployee or applicant ~or emp!o~ment because of rac~, color,
religion, sex, or natIOnal orlgm. The ~ontractor wrll take
affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without
regard to their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to, the following:
Employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates of
payor other forms of compensation; and selection for train-
ing, including apprenticeship. The Contractor agrees to post
in conspicuous places, available to employees and applicants
for employment, ",otices k> be provided by the Contracting
Officer setting forth the provisions of this Equal Opportunity
clause.
(b) The Contractor will, in all solicitations or advertise-
ments for employees placed by or on behalf of the Contractor,
state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, or
national origin.
(c) The Contractor will send to each labor union or repre-
sentative of workers with which he has a collective bargain-
ing agreement or other contract or understanding, a notice,
to be provided by the agency Contracting Officer, advising the
labor union or workers' representative of the Contractor's
commitments under this Equal Opportunity clause, and shall
post copies of the notice in conspicuous places available to
employees and applicants for employment.
(c1) The Contractor will comply with all provisions of Ex-
ecutive Order No. 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of
Labor.
(e) The Contractor will furnish all information and re-
ports required by Executive Order No. 11246 of September
24, 1965, and by the rules, regulations, ane orders of the
Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting
~;;~;~'
,.....
-
1
r
I
,
!
t
i
-,-----
,9S0 "'-
Standard Form 2-A
General Services Administretion-fPR (41 eFR) 1-16.601
May 1970 Edition
2-203
~,,'-: -' ';,~.!
...- ----...............
J
1
~\
.."\1
~
~.~.~~
~
",j
1
I
1
1
1
I
-
-
1
~.J
agency and the Secretary of Labor for purposes of iI?vestiga-
tion to ascertain compliance with such rules, regulahons, and
orders.
(f) In the event of the Contractor's noncomplian~e with
the Equal Opportunity cl~use of this contr::ct or With any
of the said rules, reg-ulatlOns, or orders, this contract may
be canceled terminated, or suspended, in whole or in part,
and the Co'ntractor may be declared ineligible for further
Government contracts in accordance with procedures author-
ized in Executive Order No. 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies in-
voked as provided in Executive Order No. 11246 of Septem-
ber 24, 1965, or by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
(g) The Contractor will include the provisions of para-
graphs (a) through (g) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Execu-
tive Order No. 11246 of September 24, 1965, so that such pro-
visions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any sub-
contract or purchase order as the contracting agency may
direct' as a ~eans of enforcing such provisions, including
sanctions for'jlOncompliance: P1'ovided. however, That in the
event the Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of
such direction by the contracting agency, the Contractor may
request the United States to enter into such litigation to
protect the interests of the United States.
10. FACILITIES NONDISCRIMINATION.
(a) As used in this section, the term "facility" means
stores, shops, restaurants, cafeterias, restrooms, and any
other facility of a public nature in the building in which the
space covered by this lease is located.
(b) The Lessor agrees that he will not discriminate by
segregation or otherwise against any person or persons be-
cause of race, color, religion, 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,
privileges, accommodations, and activities provided thereby.
Nothing herein shall require the furnishing to the general
public (Jf the use of any facility customarily furnished by the
Lessor solely to tenants, their employees, customers, patients,
clients. guests and invitees.
(c) It is agreed that the Lessor's noncompliance with the
provisions of this section shall constitute a material breach
of this lease. In the event of such noncompliance, the Gov-
ernment may take appropriate action to enforce compliance,
may terminate this lease, 0'1' 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 to
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 actual ex-
penses thereof as incurred.
(d) It is further agreed that from and after the date
hereof the Lessor will, at such time as any agreement is to
be entered into or a concession is to be permitted to operate
include or require the inclusion of the foregoing provision~
of this secti.on in every such agreement or concession pur-
suant to which any person other than the Lessor operates or
ha.s the right to operate any facility. Nothing herein con-
tamed, however, shall be deemed to require the Lessor to
indude or require the inclusion of the foregoing provisions of
this section in any existing agreewd}t or concession arrange-
ment or one in which the contracting party other than the
Lessor has the unilateral right to renew or extend the agree-
ment 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 th~ ('ontracti~g ag-e~cy ljl1ay di.rect, as
a means of enrol'cing the llltent of thiS sectIOn, lllcludlllg, but
not limited to, termination of the agreement or concession and
institution of court action.
11. EXAMINATION OF RFlCORDS.
(NOTE.-This provision is applicable if this lease was nego-
tiated without 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 3 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 transactions related to this lease.
(b) The Lessor further agrees to include in all his subcon-
tracts hereunder a provision to the effect that the subcontrac-
tor agrees that the Comptroller General of the United States
or his representatives shall, until the expiration of 3 years
after final payment under this lease with the Government,
have access to and the right to examine any directly pertinent
books, documents, papers, and records of such subcontractor
involving transactions related to the subcontract.
12. ApPLICABLE CODES AND ORDINANCES
The Lessor, as part of the rental consideration, agrees to
comply with all codes and ordinances applicable to the own-
ership and operation of the building in which the leased space
is situated and, at his own expense, to obtain all necessary
permits and related items.
13. INSPECTION.
At all times after receipt of Bids, prior to or after accept-
ance of any Bid or during any construction, remodeling or
renovation work, the premises and the building or any parts
thereof, upon reasonable and proper notice, shall be accessi-
ble for inspection by the Contracting Officer, or by architects,
engineers, or other technicians representing him, to deter-
mine whether the essential requirements of the solicitation or
the lease requirements are met,
14. ECONOMY. ACT LIMITATION.
If the rental specified in this lease exceeds $2,000 per
annum, the limitation of Section 322 of the Economy Act of
1932, as amended (40 U .S.C. 278a), shall apply.
15. FAILURE IN PERFORMANCE.
In the event of failure by the Lessor to provide any service,
utility, maintenance or repairs required under this lease, the
Government shall have the right to secure said services,
utilities, maintenance or repairs and to deduct the cost
thereof from rental payments.
16. LESSOR'S SUCCESSORS.
The terms and provisions of this lease and the conditions
herein shall bind the Lessor, and the Lessor's R~x-ecatel's,
adJninigtr-aw!t, successors, and assigns.
CERTIFICATION
1. CERTIFICATION OF NONSEGREGATED FACILITIES.
(Applicable to (1) contracts, (2) subcontracts, and (3)
agreements with applicants who are themselves performing
federally assisted construction contracts, exceeding $10,000
which are not exempt from the provisions of the Equal
Opportunity clause.)
By the submission of this bid, the bidder, offeror, applicant,
or subcontractor certifies that he does not maintain or pro-
vide for his employees any segreg-ated facilities at any of his
establishments, and that he does not permit his employees to
perform thlilir services at any location, under his control,
where segregated facilities are maintained. He certifies fur-
2
Standard Form 2-A
May 1970 Edition
q~s
, ,
, ':'.-
---~
~ ~ 'l
.'
-,-, "i
;'y i
-
""/"1
,..-
!
..-........
-
. / ~ .,~
": ~~i
-
, i
ther that he will not mamtain or provide for his employ(~es
any segregated facilities at any of his establishments, find
that.he will not permit his employees to perform their sen ices
at any loeation, under his control, where segregated faciJitir:s
are maintained. The bicleler, offeror, applicant, or subcon-
tractor agrees that a breach of this certification is a violation
of the Equal Opportunity clause in this contract. As used in
this certification, the term "segregated facilities" means any
waiting rooms, work areas, rest rooms and wash rooms, res-
taurants and other eating areas, time clocks, locker rooms and
other storage or dressing areas, parking lots, drinking foun-
tains, recreation or entertainment areas, transportation and A Certification of Nonsegregated Facilities must be sub-
housing facilities provided for employees which are s~gre- mitted prior to the award of a subcontract exceeding $10,000
gated by explicit directive or are in fact segregated on the which is not exempt from the provisions of the Equal Oppor-
basis of race, color, religion, or national origin, because tunity clause. The certification may be submitted either for
of habit, local custom, or otherwise, He further agrees that each subcontract or for all subcontracts during a period (i.e.,
(except where he has obtained identical certifications from quarterly, semiannually, or annually).
proposed subcontractors for specific time periods) he will ob- NOTE: The penalty for making false statements in offers
tain identical certifications from proposed subcontractors is prescribed in 18 U.S.C. 1001.
NOTE.-The penalty for makin,q false statements in offers is prescribed in 18 V.S.C.l001.
I
I
I
I
"
. --ir---
prior to the award of suI ts exceeding $10,000 which
are not exempt from the provisions. of the Equal Opportunity
clause; that he will retain such certifications in his files;
and that he will forward the following notice to such pro-
posed subcontractors (except where the proposed subcon-
tractors have submitted identical certifications for specific
time periods) :
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR
CERTIFICATIONS OF NONSEGREGATED ~'ACILlTIES
INSTRUCTIONS
1. \Vhene..,er the lease is executed by an attorney, agent,
or trustee on.behalf of the Lessor, two authenticated copies
of his power of attorney, or other evidence to act on behalf
of the Lessor, shall accompany the lease.
2. When the Lessor is a partnership, the names of the
partners composing the firm shall be stated in the body of the
lease. The lease shall be signed with the partnership name,
followed by the name of the partner signing the same.
3. Where the Lessor is a corporation, the lease shall be
signed with the corporate name, followed by the signature
1
and title of the officer or other person signing the lease on
its behalf, duly attested, and, if requested by the Government
evidence of this authority so to act shall be furnished.
4. When deletions or other alterations are made specific
notation thereof shall be entered under clause 8 of the lease
before signing.
5. If the property leased is located in a State requiring
the recording of leases, the Lessor shall comply with all such
statutory requirements at Lessor'g expense.
..
3
T~. s. GOVERl'\:\ILr\T PRI~Tr!\G (lFFIrE- 1<\';'1 (). :;O'l_f\qrl
Standard Form 2-A
May 1970 Edition
or,SF