2. 02/15/2006 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 9, 2006
TO:
Dent Pierce, Director
Public Works Division
FROM:
Beth Leto, Administrative Assistant
Public Works Division
Pamela G. Han~
Deputy Clerk
ATTN:
At the February 15, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Lease Agreement between Monroe County and
HiIIsborough Center Associates, LLC, for office space for the 16th Judicial Circuit's Drug Court
Program, and rescission of approval given on December 21,2005, ofa predecessor lease.
Enclosed is a duplicate original 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 .I
THIS LEASE AGREEMENT, entered into this 15th day of February, 2006, between
Hillsborough Center Associates. LLC. Union. NJ party of the first part, hereinafter called
the Lessor whose Federal Identification Number (F.E.LD. or 5.5.) is 22-3453872, and the
Monroe County Board of County Commissioners. 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
Lessee, for the term under the conditions hereinafter set out, those certain premises in the
Habana Plaza Key West 33040 Monroe
(Name of Building) (City) (Zip Code) (County)
Florida, described as follows:
Which shall constitute an aggregate area of 1,196 square feet of net rentable space and
which comprises approximately 2.5% of the 46,794 square feet building at the initial base
rate of $36.00 per square foot per year.
I.
TERM
TO HAVE AND TO HOLD the above described premises for a term
commencing on the 1st day of March, 2006 to and including the 28th day of February,
2016.
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 the lease and the Lessee
agrees to pay the Lessor the sum of:
RENT SCHEDULE
AMOUNT PER SQ." MONTHLY RENTAL
$36.00 $3,588.00
TERM
First Year
March 1, 2006 to February 28,2007
Second Year
March 1, 2007 to February 28, 2008
Third Year
March 1, 2008 to February 28, 2009
Fourth Year
March 1, 2009 to February 28, 2010
Fifth Year
March 1, 2010 to February 28, 2011
Sixth Year
March 1, 2011 to February 28, 2012
Seventh Year
March 1, 2012 to February 28, 2013
Eighth Year
March 1, 2013 to February 28, 2014
Ninth Year
March 1, 2014 to February 28, 2015
Tenth Year
March 1, 2015 to February 28, 2016
$37.80 $3,767.40
$39.69 $3,955.77
$41.67 $4,153.11
$43.75 $4,360.41
$45.94 $4,578.78
$48.24 $4,807.92
$50.65 $5,048.12
$53.18 $5,300.27
$55.84 $5,565.39
(1)
per month. The rent for any fractional part of the first month shall be prorated. The rent
shall be payable on a monthly basis in arrears, upon receipt of an invoice in compliance
with the Prompt Payment Act. The rentals shall be paid to the Lessor at:
c/o Commercial Realty Associates
685 Liberty Avenue
Union, NJ 07083 -8106
Payment under this provision is contingent upon annual appropriation by the Board of
County Commissioners.
III HEATING, AIR CONDITIONING AND JANITORIAL SERVICES
1. 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.
2. The Lessor agrees to furnish janitorial services two (2) times per
week and all the necessary janitorial supplies including the provision of recycling trash
disposal for the leased premises during the term of the lease at the expense of the Lessor.
3. All services required above shall be provided during the Lessee's normal
working hours, which are normally from 7:30 a.m. to 5:30 p.m. Monday through Friday
excluding state holidays.
IV LIGHT FIXTURES
1. The Lessor shall be responsible for replacement of all bulbs, lamps, tubes
and starters used in such fixtures for the purpose of furnishing light.
V MAINTENANCE AND REPAIRS
1. The Lessor shall provide for interior maintenance and repairs in
accordance with generally accepted good practices. 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 premises by the Lessee, its officers, agents, employees or
invitees.
3. The Lessor shall maintain the interior and exterior of the demised
premises including grounds and parking area 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. Any repairs or maintenance required to be performed at the premises
which resulted from anything other than normal wear and tear will be charged back to
Lessee as additional rent.
VI UTILITIES
That the Lessor will promptly pay all gas, water, sewer, solid waste, power and
electric light rates or charges which may become payable during the term of this lease for
the gas, water, sewer and electricity used and disposal of solid waste generated in the
normal course of business by the Lessee on the premises. Any disposal of furniture and
equipment shall be at Lessee's expense.
(2)
VII ACCESSIBILITY STANDARDS AND ALTERATIONS
1. 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 written consent
thereto of the Lessor. The Lessor shall not capriciously withhold the consent to any such
alterations.
VIII INJURY OR DAMAGE TO PROPERTY 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 for loss or damage to the property.
IX FIRE AND OTHER HAZARDS
1. In the event that the demised premises, or major part thereof, are destroyed
by fire, lightning, storm or other casualty, the Lessor at its option my forthwith repair the
damage to such demised premises at its own cost and expense. 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 is usable by Lessee, then
the rental shall abate to the extent that the injured or damaged part bears to the whole of
such premises and such injury or damage shall be restored by the Lessor as speedily as is
practicable and upon the completion of such repairs, the full rental shall commence and
the lease shall then continue the balance of the term.
2. The Lessor certifies that no asbestos was used in the construction of the
demised premises or that is asbestos was used, actions have been completed to correct the
hazards caused by the use of asbestos.
3. The Lessor certifies that if any radon is present, it is at a measurement
level less than 4 PCI/L.
X EXPIRATION OF TERM
At the expiration of the term, the Lessee will peaceably yield up to the Lessor the
demised premises in good and tenantable repair. It is understood and agreed between the
parties that the Lessee shall have the right to remove from the premises all personal
property of the Lessee and all fixtures, machinery, equipment, appurtenances and
appliances 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 SUBLEITING AND ASSIGNMENT
The Lessee upon obtaining written consent of the Lessor, which written consent
shall not capriciously be withheld, shall have the right to sublet all or any part of the
demised premises.
XII NOT CONSENT TO SUE
The provisions, terms or conditions of this lease shall not be construed as a
consent of the State of Florida to be sued because of said lease hold.
XII WAIVER OF DEFAULTS
The waiver by the Lessee of any breach of this lease by the Lessor shall not be
construed as a waiver of any subsequent breach of any duty or covenant imposed by this
lease.
(3)
XIV RIGHT OF LESSOR TO INSPECT
The Lessor, at all reasonable times, 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 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 any covenant herein contained, which
on the Lessee's part is to be performed, and such default shall continue for a period of
thirty (30) days after receipt of written notice thereof from the Lessor to the Lessee, then
the Lessor lawfully may, immediately, or at any time thereafter, and without further
notice or demand, enter into and upon the demised premises, or any part thereof, and
repossesses the same as of their 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 might otherwise be used by the Lessor for arrears of rent or for any breach of the
Lessee's covenants herein contained.
XVI ACKNOWLEDGEMENT OF THE ASSIGNMENT
That the Lessee upon the request of the Lessor shall execute such
acknowledgements or any assignment, or assignments, of rentals and profits made by the
Lessor to any third person, firm or corporation, provided that the Lessor will not make
such request unless required to do so by the Mortgagee under a mortgage, or mortgages
executed by the Lessor.
XVII TAXES AND INSURANCE
1. Lessor shall pay all real estate taxes and fire insurance premiums on the
demised premises. Lessor shall not be liable to carry fire insurance on the person or
property of the Lesse or any other person or property which may now or hereafter be
placed in the demised premises.
2. Lessee shall provide Lessor with a current certificate of evidence of
liability insurance with Lessee's insurance carrier.
XVIII 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.
XIX RENEWAL
The Lessee is hereby granted the option to renew this lease for an additional
year(s) upon the same terms and conditions or as specified on attached addendum. If the
Lessee desires to renew this lease under the provisions of the Article, it shall give the
Lessor written notice thereof not more that six months nor less than three months prior to
the expiration of the term provide in Article I of this Lease or any applicable renewal
period. The rental rate for the renewal period shall be adjusted to then fair market value
and increase by 4% annually.
(4)
xx RIGHT TO TERMINATE
The Lessee shall have the right to terminate, without penalty, this lease in the
event a State or County 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.
XXI NOTICES AND INVOICES
All notices required to be served upon the Lessor shall be served by Registered or
Certified Mail, Return Receipt Requested, at 685 Liberty Avenue, Union, NJ 07083
and all 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
(Street) (City)
Invoices, in triplicate shall be submitted monthly to:
(Zip Code)
XXII 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.
XXIII ADDITIONAL TERMS
(Check One)
_ X_ All additional covenants or conditions appear on attached Addendum A.
No additional covenants or conditions form a part of this lease.
(5)
ADDENDUM "A"
1. WORK PERFORMED BY LESSOR AND BUILDOUT ALLOWANCE:
Lessor shall perform the following work for the benefit of the Lessee:
Lessor's contribution shall be $15.00 per square foot. Any costs exceeding
$15.00 per square foot shall be paid by the Lessor and the Lessee will reimburse the
Lessor pursuant to the Florida Prompt PaymentAct. The Director of Facilities
Maintenance and the Director of the Drug Court program shall be consulted prior to the
Lessor expending greater than the $15.00 per square foot, but consent to the additional
costs by said persons shall not be unreasonably withheld. In the event the buildout
exceeds $15 per sq ft the Lessee will have the option of paying the balance in full or
require the Landlord to amortize the amount exceeding $15 per sq ft over the lease term.
In the event the Lessee requires the Landlord to amortize this amount the Landlord agrees
to amortize at a rate of 9% APR.
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IN WITNESS WHEREOF, the parties hereto have hereto executed t~ !:
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