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Resolution 216-1980RESOLUTION NO.216 -1980 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND THE STATE OF FLORIDA DEPARTMENT OF INSURANCE, DIVISION OF INSURANCE CONSUMER SERVICES, BUREAU OF FIELD OPERATIONS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Chairman of the Board of County Commissioners of Monroe County, Florida is hereby authorized to execute a Lease Agreement by and between the Board of County Commissioners of Monroe County, Florida and the State of Florida Department of Insurance, Division of Insurance Consumer Services, Bureau of Field Operations, 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 26th day of August, 1980. (SEAL) Attest: C,Ye r k BOARD OF COUNTY COMMISSIONERS OF MONROE UNTY, FLORIDA By Chairman APPRCIVE-1.1 AS TO FORM AND APOAL , UPF NENCY BY A S Ofte Z99 STATE OF FLORIDA DEPARTMENT OF GENERAL SERVICES LARSON BUILDING ZONE: 10 TALLAHASSEE, FLORIDA 32304 NO.: 460:0025 LEASE AGREEMENT THIS LEASE AGREEMENT, entered into this day of , A.D., between Board of County Commissioners Monroe County party of the first part, hereinafter called the Lessor, and the State of Florida Department of Insurance Division of Insurance Consumer Services Bureau of Field Operations party of the second part, hereinafter called the Lessee,. WITNESSETH: That the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned 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 in Stock Island Florida, described as follows: (City) Monroe (County) Rooms 300, 301 and part of 302 (Testing Room), Wing III, located in the Monroe County Public Service Building, Stock Island, Florida. which shall constitute an aggregate area of 704 square feet of net. rentable space measured in accordance with the Department of General Services' Standard Method of Space Measurement at the rate of $ 5.00 per square foot per year. (If space provided is not sufficient, attach separate sheet containing legal description of premises.) TERM TO HAVE AND TO HOLD the above described premises for a term commencing on the 1st day of October 91980 to and including the 30th day of September 19 82 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 Two Hundred ninety—three and 33/100 ($293.33 ) per month for the rental period described in Article I of this lease. The rent for any fractional part of the first month shall be prorated. The rent shall be payable the month following the month of occupancy in accordance with Section 215.422, Florida Statutes. The rentals shall be paid to the Lessor at Ralph W. White, Clerk of the Circuit Court P.O. Box 1680, Key West, Florida 33040 (Address) (City) (Zip Code) III HEATING, AIR CONDITIONING AND JANITOR SERVICES La. The Lessor agrees to furnish to the Lessee heating and air conditioning equipment and maintain same in satisfactory operating condition at all times for the leased premises during the term of the lease at the expense of the Lessor. b. The Lessor agrees to maintain thermostats in the demised premises at 65 degrees Fahrenheit during the heating season and 78 degrees Fahrenheit during the cooling season; and certifies that boilers therein have been calibrated to permit the most efficient operation. *2. The Lessor agrees to furnish janitorial services. and all necessary janitorial supplies for the leased premises during the terns of the lease at the expense of the Lessor. *IV LIGHT FIXTURES 1. a. The Lessor agrees to install in the demised premises light fixtures for the use of the Lessee. The Lessor shall be responsible for replacement of all bulbs, lamps. tubes and starters used in such fixtures for the purpose of furnishing light. b. The Lessor certifies that the lighting levels maintained within the demised premises do not exceed the following levels: 10 footcandles in hall and corridors; 30 footcandles in other public areas; 50 footcandles in office, conference rooms, etc.; set forth in the Department of General Services' Energy Conservation Policy. V MAINTENANCE AND REPAIRS 1. The Lessor shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this lease, keep the interior of the demised premises in as good a state of repair as it is at the time of the commencement of this lease, reasonable wear and tear and unavoidable casualties excepted. 2. The Lessor shall maintain and keep in repair the exterior of the demised premises during the term of this lease and shall be responsible for the replacement of all windows broken or damaged in the demised premises, except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agents or employees. 3. The Lessor shall maintain the interior and exterior of the demised premises so as to conform to all applicable health and safety laws, ordinances and codes which are presently in effect and which may subsequently be enacted during the term of this lease and any renewal periods. 4. The Lessor agrees to furnish pest control services for the leased premises during the term of the lease at the expense of the Lessor. *VI UTILITIES That the Lessor will promptly pay all gas, water, power and electric light rates or charges which may become payable during the term .of this lease for the gas, water and electricity used by the Lessee on the premises, and if lease is for 3,000 square feet or greater, will provide monthly energy use data pursuant to Section 255.257, Florida Statutes, on Department of General Services form F03352. * These are the only Articles that can be changed or amended by the Lessee without authorization from the Division of Building Construction and Property Management. (Rule 13D-7.03, Florida Administrative Code) Page 1 of 3 BCM 4054 (R3-80) 3o O VII HANDICAI.'PQ @ ' ANDARDS AND ALTE ? 1 ATIONS 1. The Lesso� that the demised premises now conform, or that r�essee's occupancy, the , p t�i"�'�'!: " -said premises shall, a ,essor s expense, be brought into conformance�with the requirements of Sectio n s255.21 and 255.211, Florida Statutes, and Chapter 13D-1, I'lorida Administrative Code, providing Standards for Special Facilities for the Physically Disabled. 2. That the Lessee shall have the right to make any alterations in and to the demised premises during the term of this lease upon first having obtained the written consent thereto of the Lessor. The Lessor shall not capriciously withhold the consent to any such alterations. VIII INJURY OR DAMAGE 1`O PROPERTY ON PREMISES That all property of any kind that .may be on the premises during the conitinuancy of this least- shall be at the sole risk of the Lessee, and except for any negligence of the Lessor, the Lessor shall not he liable to the Lessee or any other person for any injury, loss or damage to property or to any person on the premises. IX FIRE AND OTHER HAZARDS 1. In the event that the demised premises, or the inaj.or part tlhereef, are destroyed by fire, lightning, storm or other casualty, the .Lessor at: -its option may forthwith repair the clahnlage to such deniixd premises at, its own cost and exliense. The rental thereon shall ceaSe until the completion of. such repairs and the Lessor. will immediately refund the pro rata part of any rentals paid in advance. by the Lessee prior to such destruction: should the premises be only partly destroyed, so that the major part thereof i.s usable by the Lessee, i':llen the rental. shall abate to the extent that the injured or damaged part bears to the •.vhote. of such prc-nhises and such in,jtuy or damage shall be restored by the Lessor as speedily as is practic;ahle gild upon the completion of such repairs, the full rental shall coinmencE? and the lease shall then continue tiv-- };�Icutoc of the term. L, The Lc>ssor shall prov'id;., for fare protk'ct:ion r..ILIFirlr; the tr;t•)rh o£ f;his l ase in arcord<ulcc �.vitli the fire safe.t:y. standards of the State Fire \lat.11-L The Le.,ssor shall 1-,o h•„,Sp,- is ihi Ina' 211arrltetlatl('E' anel r+ l aih of ,Ill .fire protection egtrip.1-11(nit.nece;; .ry to Conform to the recltrire'llellt5 of (,h- CS,tafe l''Ire 1!-Jarshal. 1-he 1,i-sor agrees that the denhlSed pt'E'.InISE?S S}:bill be. available for inspl 'ction 1).y the St" -lie ["ire M* r'shal, p}•iOr t0 oC'cuj,„Jlcy by the Lessee, and at any re<tsona.ble tine thereafter. �. The Lessor certifies that no asbestos waa used in the con.Arlic'ticii .o.f' the c ernis(>d. pren);sf�s or that if asllest.os was used, actions have been completed to c.orre(:t the haaz rrd,, ca:tlrsed by the use of' rr ;bestos. X EXI'.IRATION OF TERM At the expiration of the term, the Lessee will peaceably yield tip to the Lessor We demised premises in good and tenantable repair.. It is understood and agreed between the parlie.a that the Lessee shall have the right to remove from'. the premises all personal property of the ,1..essee and all fixtures, nlarllinery. eclu.il)Irient, appurtenances and al�piiaulges placed or installed on the premises by it, provided the Lessee restores the premises to as good a state of repair as they were prior to the removal. XI SUBLETTING AND ASSIGNMENT The Lessee upon the obtaining of the written consent of tile' Lessor, which N5rritten consent shall not capriciously be withheld, shall have the light to sublet all or any part of the demised premises, or to assign all or any part of the demised premises. XII NOT CONSENT TO SUE' The provisions, terms o.r'conditions of this. lease shall not. be construed as a consent of the State of Florida to be sued because of said lease hold. XIII WAIVER OF DEFAULTS The waiver by the Lessor of any breach of this lease by the Lessee shall not be construed as a waiver of any subsequent breach of any duty or covenant imposed by this lease. XIV RIGH'I' OF LESSOR TO INSPECT The Lessor, at all reasonable times, may enter into and upon the demised premises for the purpose of: viewing t:he,sanle and for the purpose of making any such repairs as they are required to make under the terms of this lease. XV BREACH OF COVENANT These presents are upon - this condition, that, except as provided .in this lease, if the Lessee shall neglect or fail to perform or observe tiny covenant herein contained, which on the Lessee's part is to be'per_t'ornled, and such default shall continue for 'a period of thirtv (30) days after receipt of, written notice thereof from the Lessor to the Lessee, then the Lessor lawfully Inay, immediately, or at any ttnie thereafter, and without further notice or demand, enter into -and upon the demised premises, or any part thereof, and repossess the same as of then former estate -and -expel the Lessee and remove its effects forcefully, if necessary, without being taken or deemed to be guilty. of any manner of trespass and thereupon this demise shall terminate but without prejudice to any remedy which rnight otherwise be used by the Lessor for alTears of rent or for any breach of the Lessee's covenants*herein contained. XVI ACKNOWLLDGAIENT OF ASSIGNMENNT That the Lessee upon the-r(aquest of the Lessor, Shall execute such acknclavledgment: or acicnowledgnlents., or any .assignniciht, or• assi'l nInent ,, of rentals and profits made,. by the Lessor to any tliirel person, firm or corporation, provided that. the. LEr:ssor %gill not snake. such request unle s.regr.iired to'(lo so liy the it4 firm or tinder a mortgage; of mortg;it E s. e�ecutc d by the Lessor; XV1I TAXES, 'INS U RAN C . is".Iti_1.3 COIv'I 11tiSIO1'dS 1. Lessor shall pay all real estate taxes and fire insurance premiums on the demised premises. Lessor shall not be'liable to 'carry fire iiist-rra.itce on the person.or property of the Lessea'or any other person or property which may now or her(after be placed ".in the demised premises. 2. Lessor agrees, covenants. certifies and warra hts to Lessee that no portion of the rent payable pursuant to Article 11 of this Lease Agreement_ includes, represents, is based on or is attributable to any cornini�vion or fee which is paid or is payable by Lessor as the result of Lessor's having ut111Zed or- contracted for the services of any real estate broker, salesinari, zgent. or firm in any aspect of Lessor's dealings or any dealings involviag the leasing of the demised premises to Lessee. XVIII AVAILABILITY OF FUNDS The obligations of the Lessee under this lease. agreement are subject to the availability of funds lawfully appropriated biennially for its purposes by the Legislature of the State of .Florida and/or the availability of funds through contract or grant programs. Page 2 of 3 BCM 4054 (113-80) Lease No. 460:00 XIX USE OF PREMISES The Lessee will not make or suffer any unlawful, improper or offensive use of the premises or any use or occupancy thereof contrary to the laws of the State of Florida or to such Ordinances of the City and/or County in which the demised premises are located, now or hereinafter made, as may be applicable to the Lessee. XX RENEWAL The Lessee is hereby granted the option to renew this lease for an additional 0 year(s) upon the same terms and conditions. If the Lessee desires to renew this lease under the provisions of this Article, it shall give the Lessor written notice thereof not more than six months nor less than three months prior to the expiration of the term provided in Article I of this Lease. XXI RIGHT TO TERMINATE The Lessee shall have the right to terminate, without penalty, this lease in the event a State-owned building becomes available to the Lessee for occupancy during the term of said lease for the purposes for which this space is being leased in the County of— Monroe , Florida, upon giving six (6) months advance written notice to the Lessor by Certified Mail, Return Receipt Requested. XXII NOTICES AND INVOICES All notices required to be served upon the Lessor shall be served by registered or certified mail, return receipt requested, at Ralph. W. White, Clerk of the Circuit Court, P.O. Box 1680 __,and all (Street) Key West, Florida (City) 33040 (Zip Code) notices required to be served upon the Lessee shall be served by registered or certified mail, return receipt requested, at the address of the Lessee at Rm. 135, Larson Building, Tallahassee, Florida 32301 quadruplicate (Street) (City) (Zip Code) Invoices, in CWidbU shall be submitted monthly to: Rm. 135, Larson Building, Tallahassee, Fl. 32301 XXIII DEFINITION OF TERMS (a) The terms "lease," "lease agreement," or "agreement" shall be inclusive of each other and shall also include any renewals, extensions or modifications of this lease. (b) The terms "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto. (c) The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits. XXIV ADDITIONAL TERMS (Check One) Any and all additional covenants or conditions appear on the attached. XXXX No additional covenants or conditions form a part of this lease. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. ORIGINAL SIGNATURE REQUESTED ON ALL COPIES If Lessor is an Individual: Signed, sealed and delivered in the presence of: LESSOR: AS TO LESSOR If Lessor is a Corporation: Signed, sealed and delivered in the presence of: AS TO PRESIDENT Signed, sealed and delivered in the presence of: AS TO LESSEE APPROVAL AS TO CONDITIONS AND NEED THEREFOR DEPARTMENT OF GENERAL SERVICES Director, Division of Building Construction and Property Management APPROVAL DEPARTMENT OF GENERAL SERVICES SEAL) SEAL) Name of C Oation bard of County Commissi Monroe County BY rporate Seal) 61 P sident ATTEST: Its Secretary LESSEE: STATE OF FLORIDA DEPARTMENT OF Insurance M. Agency Head Director of Administration APPROVED AS TO FORM AND LEGALITY, SUBJECT ONLY TO FULL AND PROPER EXECUTION BY THE PARTIES. GENERAL COUNSEL INSURANCE DEPARTMENT OF Lo Approval Date ers Executive Director Page 3 of 3 3 6 2-- RCM 4054 (113-80)