Unit 205, 09/30/2005 to 09/30/2006
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eircll eOIll
Danny L. Kolhage
Office (305) 295-3130 Fax (305) 295-3663
Memorandum
To:
Dent Pierce, Director
Public Works Department
Attn:
Ann Riger .
Isabel C. DeSantis, Deputy Clerk I u0
y
From:
Date:
Tuesday, October 04, 2005
At the BOCC meeting on September 28, 2005 the Board granted approved the
following items:
/Approval of a Lease Agreement with Independent Mortgage and Finance
Company, Inc. for office space for the Technical Support staff of the 16th Judicial Circuit,
pending Lessor's approval.
Officially terminate the contract with Robbies Safe Harbor Marine Enterprises, Inc.
for beach cleaning, maintenance & beautification services at Higgs Beach, Veterans Beach
and Harry Harris Park, and approval to award bid and enter into a contract with Evans
Environmental & Geological Science & Management, LLC (EE&G) for beach cleaning,
maintenance and beautification of Higgs Beach, pending contractor's approval.
Enclosed are fully executed duplicate originals for your handling. Should you have
any questions concerning this matter, please do not hesitate to contact this office.
Copies: Finance
County Attorney
File
BUSIINESS L~~
'J. ~
This Agreement, entered into this )rst day of September 2005, between
INDEPENDENT MORTGAGE AND FINANCE COMPANY, INC., a Florida
corporation (hereinafter Owner or Lessor) party of the fIrst part; and MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the
State of Florida (hereinafter Tenant or Lessee), party of the second part.
WITNESSETH
PART ONE
That the Lessor does lease unto Lessee professional office space upon the following
conditions:
1. The leased space, know as Unit 205, is identifIed in the attached Exhibit A,
and is leased for the exclusive benefIt of the 16th Judicial Circuit and the
Monroe Board of County Commissioners.
2. Owner discloses that all units, including Unit 205, of the property commonly
known as 600 Whitehead Street are being converted into a condominium to be
called JACKSON SQUARE COURTHOUSE CONDOMINIUM. A full legal
description of the property is found in attached Exhibit B.
3. Provided that tenant has complied with all conditions of the lease, lessor
grants two successive one-year options. To exercise tenant shall give written
notice by June 30, 2006 for fIrst exercise, and June 30, 2007 for the second
exercise, and shall agree to pay a fIve percent (5%) increase in base rent over
the previous year's base rent.
4. The term is for twelve months, beginning on the 30th day of September, AD
2005 ("The Effective Date") and ending on the same day in September 2006.
5. The total rent is sixteen thousand, two hundred dollars ($16,200), plus Florida
sale's tax, if applicable, payable in 12 equal monthly installments of $1,350.
the fIrst payment being due 30 days after the Effective Date and on the fIrst
day of each succeeding 30-day period
6. Rent is delinquent if not received by Lessor within ten (10) days of its due
date. A five percent (5%) late charge shall apply if paid later than ten (10)
days from the due date. If not paid within fifteen (15) days of the due date,
the Lessee shall be in default under terms of this lease.
7. Utilities to be furnished by the Lessor as Lessor's cost during normal office
hours are electricity for ordinary office use and air-conditioning, water for
restroom use, and sewer. In addition, Lessor shall pay for cleaning of
common areas (restrooms, hallways, elevator, and stairs). Normal office
hours are Monday through Friday (except holidays observed by Monroe
County) from 8:30 a.m. to 5:00 p.m.
8. Lessor agrees at Lessor's expense to have installed new wall-to-wall carpet in
the Unit prior to the effective date of this lease.
9. Lessee shall be responsible for cleaning its own office area and for disposal of
the solid waste it produces.
10. Use of the premises is restricted to office space for Monroe County.
11. Lessor waives demand for a security deposit from Lessee.
PART TWO
The following express stipulations and conditions are made a part of this lease and are
hereby assented to by the lessee:
FIRST: The lessee shall not assign this lease, nor sub-let the premises, or
any part thereof nor use the same, or any part thereof, nor permit the same, or any part
thereof, to be used for any other purpose than as above stipulated, nor make any
alterations therein, and all additions thereto, without the written consent of the Lessor.
Lessor agrees that the right to sublet will not be unreasonably withheld; however,
Lessor reserves the right to approve a transfer of the lease and this approval will
require a verification of the sub-lessee's credit. All additions, fixtures or
improvements which may be made by lessee, shall become the property of the Lessor
and remain upon the premises as a part thereof, and be surrendered with the premises
at the termination of this lease.
SECOND: All personal property placed or moved in the premises above
described shall be at the risk of the lessee or owner thereof, and Lessor shall not be
liable for any damage to said personal property, or to the lessee arising from the
bursting or leaking of water pipes, or from any act of negligence of any co-tenant or
occupants of the building or of any other person whomsoever.
THIRD: That the tenant shall promptly execute and comply with all
statutes, ordinances, rules, orders, regulations and requirements of the Federal, State
and City Government and of any and all their Departments and Bureaus applicable t
said premises, for the correction, prevention, and abatement of nuisances or other
grievances, in, upon, or connected with said premises during said term; and shall also
promptly comply with and execute all rules, orders and regulations of the applicable
fire prevention codes for the prevention of fires.
FOURTH: In the event the premises shall be destroyed or so damaged by fire
or other casualty during the life of this agreement, whereby the same shall be
rendered untenantable, then the Lessor shall have the right to render said premises
tenantable by repairs within ninety days therefrom. If the damage was caused by this
Lessee, whether through negligence or its act, then rent shall not be abated and Lessee
shall be liable for the damages. If the damage or destruction was not caused by this
Lessee, whether said premises are not rendered tenantable within said time, it shall be
optional with either party hereto to cancel this lease, and in the event of such
cancellation the rent shall be paid only to the date of such fire or casualty. The
cancellation herein mentioned shall be evidenced in writing.
FIFTH: The prompt payment of the rent for said premises upon the dates
named, and the faithful observance of this Lease are the conditions upon which the
Lease is made and accepted and, failure on the part of the Lessee to comply with the
terms of said Lease shall, at Lessor's option, work a forfeiture of this contract and of
all oflessee's rights hereunder.
SIXTH: If the lessee shall abandon or vacate said premises before the end
of the term of this lease, or shall suffer the rent to be in arrears, the lessor may, at his
option, forthwith cancel this lease or he may enter said premises as the agent of the
lessee, without being liable in any way therefore, and re-let the premises with or
without any furniture and equipment that may be therein, as the agent of the lessee, at
such price and upon such terms and for such duration of time as the lessor may
determine, and receive the rent therefore, applying the same to the payment of the
rent due by these presents, and if the full rental herein provided shall not be realized
by lessor over and above the expenses to lessor in such re-letting, the said lessee shall
pay any deficiency, and if more that the full rental is realized lessor will pay over to
said lessee the excess on demand.
SEVENTH: Lessee agrees to pay the cost of collection and ten percent
attorney's fee on any part of said rental that may be collected by suit or by attorney,
after the same is past due.
EIGHTH: The lessor, or any of his agents, upon twenty-four (24) hours
notice, shall have the right to enter said premises during all reasonable hours, to
examine the same to make such repairs, additions or alterations as may be deemed
necessary for the safety, comfort, or preservation thereof, or of said building, or to
exhibit said premises, and to put or keep upon the doors or windows thereof a notice
"FOR RENT" at any time within thirty (30) days before the expiration of this lease.
The right of entry shall likewise exist for the purpose of removing placards, signs,
fixtures, alterations, or additions, which do not conform to this agreement or to the
rules and regulations of the building.
NINTH: Lessee hereby accepts the premises in the condition that they are in
at the beginning of this lease and agrees to maintain said premises in the same
condition, order and repair as they are at the commencement of said term, excepting
only reasonable wear and tear arising from the use thereof under this agreement, and
to make good to said lessor immediately upon demand, any damage to water
apparatus, or electric lights or any fixture, appliances or appurtenances of said
premises, or of the building, caused by any act or neglect of lessee, or of any person
or persons in the employ or under the control of the lessee.
TENTH: It is expressly agreed and understood by and between the parties to
this agreement, that the landlord shall not be liable for any damage or injury by water,
which may be sustained by the said tenant or other person or for any other damage or
injury resulting from the carelessness, negligence, or improper conduct on the part of
any other tenant or agents, or employees, or by reason of the breakage, leakage, or
obstruction of the water, sewer or soil pipes, or other leakage in or about the said
building. However, Lessor holds Lessee harmless for any damage to the premises by
reason of blockage of sewer or public water.
ELEVENTH: This contract shall bind the lessor and its assigns or
successors, and the heirs, assigns, personal representatives, or successors as the case
may be, of the lessee.
TWELFTH: It is understood and agreed between the parties hereto that
time is of the essence of this contract and this applies to all terms and conditions
contained herein.
THIRTEENTH: It is understood and agreed between the parties hereto that
written notice by certified mail or hand-levered to the premises leased hereunder shall
constitute sufficient notice to the lessee and written notice by certified mail or hand-
delivered to the office of the lessor shall constitute sufficient notice to the lessor, to
comply with the terms of this contract.
FOURTEENTH: The rights of the lessor under the foregoing shall be
cumulative, and failure on the part of the lessor to exercise promptly any rights given
hereunder shall not operate for forfeit any of the said rights.
FIFTEENTH: It is further understood and agreed between the parties
hereto that any charges against the lease by the lessor for services or for work done on
the premises by order of the lessee or otherwise accruing under this contract shall be
considered as rent due and shall be included in any lien for rent due and unpaid.
SIXTEENTH: It is understood and agreed that nay signs or advertising to
be used, including awnings, in connection with the premises leased hereunder shall be
first submitted to the lessor for approval and further approved by H.A.R.C. before
installation of same. Further, any improvements to said premises by the lessee shall
be at lessee's expense and shall be first submitted to the lessor for approval.
SEVENTEENTH:RADON GAS NOTIFICATION: Radon is a naturally
occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to person's health who are exposed to it over
time. Levels of radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding radon and radon testing may
be obtained from your county public health unit.
EIGHTEENTH: Lesssee acknowledges that it is self-insured as a political
subdivision of the State of Florida and shall treat the Lessor as an additional insured if
suit for liability be brought against Lessee for its operations and alleged negligence at
the premises.. but only to the extent allowed by law.
NINETEENTH: LESSOR'S REMEDIES ON DEF AUL T. If lessee defaults
in the payment of rent, or any additional rent, or defaults in the performance of any of
the other covenants or conditions of this agreement, lessor may give lessee notice of
such default and if lessee does not cure any rent, or additional rent, default within
fifteen (15) days, after the giving of such notice (or if such other default is of such
nature that it cannot be completely cured with such period, if lessee does not
commence such during within such fifteen (15) days and thereafter proceed with
reasonable diligence and in good faith cure such default), then lessor may terminate
this lease on not less than ten days' notice to lessee and the lessee shall have the
option to remove all equipment, tables, and furniture.
TWENTIETH: SUBORDINA nON OF LEASE. This lease shall be
subject and subordinate to all underlying leases and to mortgages and trust deeds
which may now or hereafter affect such leases on the real property of which the
premises form a part, and also to all renewals, modifications, consolidations, and
replacements of the underlying leases and the mortgage and trust deeds. Further,
Lessee acknowledges that this Unit 205 (along with all other units in the property) is
being converted into the JACKSON SQUARE COURTIlOUSE CONDOMINIUM.
Lessee irrevocable names Lessor its attorney-in-fact for the execution of any
subordination and attornment agreements; however, if requested by owner or lender,
Lessee pledges to execute any additional documents provided such documents
maintain his right of non-disturbance during the term of the Lease as long as Lessee is
not in default.
TWENTY-FIRST: ETHICS CLAUSE. Lessor (entity) warrants that it
had not employed, retained or otherwise had act on its behalf any former County
officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-
1990 or any other County officer or employee in violation of Section 3 or Ordinance
No. 020-1990. 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.
TWENTY-SECOND: PUBLIC ENTITY CRIME STATEMENT. "A
person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list."
TWENTY-THIRD: After the first year, this lease may be terminated by
the lessee upon written ninety (90) days notice to the Lessor that the lessee has
obtained adequate office space in a government building.
TWENTY-FOURTH: The obligations of the Lessee under this Lease
Agreement are subject to the availability of funds lawfully appropriated annually for
its purposes, by the Monroe County Board of County Commissioners.
LESSOR
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IN WITNESS WHEREOF, the parties have executed this instrument.
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Attest:
INDEPENDENT MORTGAGE AND
FINANCE CO., INC.
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RG. Carter, Managing Director
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Attest:-! 1'>'\.. /~;"-
Danny L'; K.(}lhage:,~9Ierk
TENANT
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Sl~t.&~~
Deputy Clerk
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Mayor/Chairman
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JAC.KSON SQUARE
COURTHOUSE
2ND FLOOR PLAN
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WHITEHEAD STREET
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Jackson Square Courthouse
BOO Whitehead Street Key West FL 33040
CONDOMINIUM SURVEY 05-146
SHEET 7 OF 1~
FREDERICKH. HILDEBRANDT
ENGINeat Pl.ANNER SURVEYOR
Sc:IIIe 1" 10' DwlI. ., c,M.C
Dale 3I23I\l5 - _. .
3152 Nor1hIlde DrIve
Suite 201
Key__ A.33040
(305)~
FlIX. (305) 293-0237
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JACKSON SQUARE
COURTHOUSE
LEGAL DESCRIPTION
Ei 1 j h ; t- {j
On the Islond of Key West, Monroe County, Aorida. and known on the mop of said
City of Key West, delineated in February, A.D., 1829, by William A. Whitehead os
Part of lot Number Two (2), in Square Number Sixty-Three (63) and more
particularly described os commencing at the Southerly corner of SOlJthgrd Street
ond Whitehead Street, and running thence Southeasterly along the Southwesterly
side of Whitehead Street Fifty (50). feet; thence at. rig!1t angles in a Southwesterly
direction Sixty.LJwo (62) feet; thence at right angles in 0 'Northwesterly direction
Fifty (SO) feet to the Southeasterly side of Southord Street; thence running
Northeasterly along the said Southeasterly side of Southard Street Sjxty- Two (62)
feet to the Place of Beginning.
LESS
On the Island of 1<81 West, Monroe CQunty. Florida, and known on the mop of said
City of Key West, delineated in February, A.D., 1829, by William A. Whitehead os
Part of Lot 2, in Square 63 and more particolarty described as commencing . at
the Southerly comer of Souti'lord Street and Whitehead Street, and running thence
Southe<:!$terly olol'lg the Southwesterly side of Whitehead Street 50 feet; thence ot
right angles in a Southwesterly direction 61 feet to the Point of Beginning of the
porcel hereinafter described; thence continue Southeasterly one foot; thence ot
right ongles in a Northwesterly direction Fifty (50) feet to the Southeasterly side
of Southard Street; thence running Northeasterly olol'lg the soid Soutt\eosterly side
"of Southard Street one foot; thence at right QI'Hilles in 0 Southeasterly direction 50
feet to the Point of Beginning.
Subject to on easement fOf ingress and egress along the Westerly side of soid
property described os follows:
On the Island of Key West, Monroe County, Florida, and known on the map of said
City of Key West, delineated in February, A.D., 1629 by William A. Wliitehead os
Port of . Lot 2, in Square 63, and more particularly described os commencing at
the Southerly corner of Southard Street and Whitehead Street, and running thence
Southeasterly along the Southwesterly side of Whitehead Street 50 feet; thence at
right angles in 0 Southwesterly direction 61.0 feet; thence at right ongles in 0
Northwesterly direction 6.0 feet to the Point of aeginning; thence c.ontinue
Northwesterly on the Westerly boundary line of said pro~rty Q distance of 44.0
teet to a point on the Southerly right of way of Southard Street; thence at right
angles in Q Northeasterly direction on the Southerly right of way of Southard
Street a distance of 5.3 feet; thence at right angles in Q Southeasterly direction
along the Westerly fa~, of Q two-story building Q distance of 44.0 feet; thence ot
fight ongles in 0 Southwesterly direction Q distance af 5.3 feet back to the Point
of Beginning.
SHEET 13 OF 14
Jackson Square Courthouse
: 600 Whitehead Street Key West FL. 33040
I CONDOMINIUM SURVEY 05-1'::6
: Sc:UI ''''10' I - '__No. '111" Own.'" C.M.C
0*3123106 1 182-8-11 1__ x -._-
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FREDERICK H. HILDEBRANDT
ENGINEER I"l.ANNER . SUft\f!Y()ft
3152 NaclII8Ide ~
Suite 201
Key Wesl, Fl. 33040
(305) mo0466
Fax. (305) 293"0237
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