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12/21/2005 Lease DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: January 6, 2006 TO: Thomas Willi County Administrator ATTN: Connie Cyr Administrative Assistant FROM: Pamela G. Hanc~ Deputy Clerk At the December 21, 2005, Board of County Commissioners meeting the Board granted approval and authorized execution of a Lease Agreement between Monroe County and Claude Haloiva, the Verizon Building for temporary housing for those affected by Hurricane Wilma. Enclosed is a copy of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File ,/ LEASE AGREEMENT State of Florida County of Monroe This Lease Agreement entered into this R 1).1- day of November 2005, between CLAUDE HALIOV A. party of the first part, hereinafter called the Lessor, and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA. 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 Marathon, County of Monroe, Florida, described as follows: I. LEASE LOCATION: 11287 Overseas Highway, Marathon, Florida, which shall constitute an aggregate area of 2500 square feet of net rentable space, at the rate of Two Dollars and Fifty Cents ($2.50) per square foot per month as further described in (exhibit A), attached hereto and incorporated as part of this lease document. ll. RENTALS: Rent shall be due and payable on or before the last day of each month, in arrears. The rental shall be paid to the Lessor and mailed to Mr. Claude Haliova, 7435 Overseas Highway, Marathon, Florida 33050. ID. TERM: To have and to hold the above-described premises on a month to month basis as a temporary shelter not to exceed Sixty Days (60 days) form the first day of occupancy. The Lessor and the Lessee agree to renegotiate the tenns and enter into another lease if at the expiration on this lease no alternative shelter can be located. IV. AIR CONDmONING: The Lessee shall maintain air conditioning equipment in satisfactory operating condition at all times for the leased premises during the term of the Lease at the expense of the Lessee. 1 V. MAINTENANCE AND REPAIRS: (I) The Lessee shall, during the term of this Lease, keep the interior and exterior 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 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. (4) The Lessor shall provide appropriate entranceways to the structure to accommodate space allocation for government entities occupying the space, inclusive of ingress and egress, at the expense of the Lessor. VI. UTILmES: The Lessee will promptly pay water, gas, and electric rates or charges which may become payable during the term of this Lease for water, gas, and electricity used by the Lessee on the premises. VII. ALTERATIONS: The Lessee shall have the right to make any minor alterations to the demised premises during the term of this Lease. VDI. INJURY OR DAMAGE TO PROPERlY ON PREMISES: All property of any kind that may be on the premises during the continuance of this Lease shall be at the sole risk of the Lessee, and except for any negligence of the Lessor, the Lessor shall not be liable to the Lessee or any other person for any injury, loss, or damage to property or to any person on the premises. IX. EXPIRATION OF TERM: At the expiration of the term, the Lessee will peaceable yield up to the Lessor the demised premises in good and tenantable repair. It is understood and agreed between the parties that the Lessee and/or the American Red Cross shall have the right to remove from the premises all personal property of the Lessee and/or the American Red Cross and all fixtures, machinery, equipment, appurtenances, and appliances placed or installed on the premises by it. The Lessee shall restore the premises to as good a state of repair as they were prior to the removal. X. WAIVER OF DEFAULTS: 2 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. XII. RIGHT OF LESSOR TO INSPECT: The Lessor, at all reasonable times during regular business hours, may enter into and upon the demised premises for the purpose of viewing the same and for the purpose of making any such repairs as they are required to make under the tenns of this Lease. XII. AVAILABILITY OF FUNDS: 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. XIII. USE OF PREMISES: The Lessor and the Lessee acknowledge that the demised premises are to be used as a temporary shelter for residents and other persons effected by the recent hurricane. Both Parties understand and acknowledge that the American Red Cross will manage the premises as a Shelter. XIV. NOTICES: All notices required to be served upon the Lessor shall be served by certified mail, return receipt requested, to Mr. Claude Haliova, at 7435 Overseas Highway, Marathon, Florida 33050, and all notices required to be served upon the Lessee shall be served by certified mail, return receipt requested, at the Office of the County Administrator, 1100 Simonton Street, Key West, Florida, 33040. XV. LEASE TERMINATION: This lease may be terminated upon 14 days notice by either party to the other pursuant to the notice requirements set forth in this lease. XVI. ETHICS CLAUSE: Lessor warrants that it has 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 County officer or employee in violation of Section 3 of ordinance No. 020-1990. For breach or violation of this provision the lessee may, 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. XVII. AMERICAN WITII DISABILITIES ACT: The lessor herein expressly agrees to maintain the subject premises in full compliance with the American Disabilities Act. 3 XVITI. DEFINmON OF TERMS: (1) 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. (2) The term "Lessor" and "Lessee" shall refer to the parties hereto. (3) The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits. XIX. ADDmONAL CONDITIONS: 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 SIGNATURES REQUIRED ON ALL COPIES. Signed, Sealed and Delivered in the presence of Jj;!!;U# Witness / LESSOR:;:1 /:& B(.. ... 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