03/15/2006 LeaseDANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: April 12, 2006
TO: Dent Pierce, Director
Public Works Division
ATTN. • Beth Leto, Administrative Assistant
Public Works Division
FROM. Pamela G. Hanc k
Deputy Clerk
At the March 15, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
,Commercial Lease - Florida between Monroe County and OPMI, Inc. for approximately
1,918 square feet of office space in the Upper Keys for Family Court Programs' staff and Drug
Court Program staff.
Lease Amendment between Monroe County and Nancy Curran d/b /a Yoga on the Beach
to waive fees for the three months Higgs Beach was closed due to Hurricane activity (October,
November and December 2005), as the yoga platform was partially destroyed.
Enclosed is a duplicate original of each of the above - metioned for your handling. Should
you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finan e
File
Commercial Lease - Florida
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This lease is made between OPMI, Inc. herein called Lessor, and Board of County
Commissioners of Monroe County, Florida, herein called Lessee. Lessee hereby offers to lease
from Lessor the premises situated in the City of Islamorada, County of Monroe, State of Florida,
described as 130 Porto Salvo, Islamorada, Florida 33036 (and hereinafter referred to as the
demised premises) upon the following TERMS and CONDITIONS:
Lease Location: 130 Porto Salvo, Islamorada, Florida which shall constitute an aggregate
area of 1918 +/- square feet.
1. Term and Rent. Lessor leases the demised premises to Lessee for a term of 3 year[s],
commencing March 1, 2006, and terminating on February 29, 2009, or sooner as provided
herein at the annual rental rate of thirty -four thousand five hundred fifty -three Dollars and
seventy -six cents ($34,553.16) payable in equal installments in the amount of two thousand
eight hundred seventy -nine Dollars and forty -eight cents ($2879.43) payable in arrears,
pursuant to the Florida Prompt Payment Act upon receipt of a proper invoice. All rental
payments shall be made to Lessor to 232 Tide Ave, Tavernier, FL 33070
2. Use. Lessee shall use and occupy the demised premises for the purpose of County
business. The demised premises shall be used for no other purpose without the prior written
consent of Lessor, which consent may not be unreasonably withheld. Lessee shall not use the
demised premises for storing, manufacturing or selling any explosives, flammables, or other
inherently dangerous substances, chemicals, things, or devices.
3. Security Deposit. No Security Deposit
4. Care and Maintenance of Premises. Lessee acknowledges that the demised premise
is in good order and repair, unless otherwise indicated herein. Lessee shall, at his own expense
and at all times, maintain the demised premises in good and safe condition, including plate
glass, electrical wiring, plumbing and heating installations and any other system or equipment
upon the demised premises, and shall surrender the same, at termination hereof, in as good
condition as received, normal wear and tear excepted. Lessee shall be responsible for all
repairs required, excepting major maintenance and repair of the demised premises, not due to
Lessee's misuse, waste, or neglect or that of his /her employees or visitors, which shall be the
responsibility of Lessor. Particularly, the roof, exterior walls, structural foundations, and exterior
and parking areas, shall be maintained and repaired by Lessor. Lessee shall be responsible for
damage caused to the demised premises by Lessee's negligence and that of Lessee's
employees and visitors.
5. Alterations. Lessee shall not, without first obtaining the written consent of Lessor, make
any alterations, additions, or improvements in, to, or about the demised premises. All
alterations, additions or improvements made to the demised premises with the consent of
Lessor, with the exception of removable fixtures shall become the property of Lessor.
6. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and
requirements of all municipal, state and federal authorities now in force, and which may
hereafter be in force, pertaining to the demised premises, occasioned by or affecting the use
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thereof by Lessee.
7. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of
the demised premises without prior written consent of Lessor, which shall not be unreasonably
withheld. Any such assignment or subletting without the prior written consent shall be void and,
at the option of Lessor, may terminate this lease.
8. Utilities. All applications and connections for necessary utility services on the demised
premises shall be made in the name of Lessee only, and Lessee shall be solely liable for utility
charges as they become due, including those for sewer, water, gas, electricity, and telephone
services. In the event that any utility or service provided to the demised premises is not
separately metered, Lessor shall pay the amount due and separately invoice Lessee for
Lessee's pro rata share of the charges. Lessee shall pay such amounts within fifteen (15) days
of invoice. Lessee acknowledges that the demised premise is designed to provide standard
office use electrical facilities and standard office lighting. Lessee shall not use any equipment or
devices that utilize excessive electrical energy, or that may, in Lessor's reasonable opinion,
overload the wiring or interfere with electrical services to other tenants or lessees.
9. Entry and Inspection. Lessee shall permit Lessor or Lessor's agent(s) to enter the
demised premises at reasonable times and upon reasonable notice, for the purpose of
inspecting the same, and shall permit Lessor at any time within sixty (60) days prior to the
expiration of this lease, to place upon the demised premises any usual "To Let ", "For Lease" or
"For Sale" signs, and permit prospective lessees or purchasers desiring to lease the same to
inspect the demised premises thereafter.
10. Parking. During the term of this lease, Lessee shall have the nonexclusive use in
common with Lessor, and other tenants or lessees of the building, their guests and invitees, of
the non - reserved common automobile parking areas, driveways, and foot ways, subject to rules
and regulations for the use thereof as prescribed from time to time by Lessor. Lessor reserves
the right to designate parking areas within the building or in a reasonable proximity thereto, for
Lessee and Lessee's agents and employees.
11. Possession. N/A
12. Indemnification of Lessor. To the extent permitted by law, Lessor shall not be liable for
any damage or injury to Lessee, or any other person, or to any property, occurring on the
demised premises or any part thereof. Lessee agrees to indemnify and hold Lessor harmless
from any claims for damages which arise in connection with any such occurrence, subject to
Section 768.28, F.S. Said indemnification shall include indemnity from any costs or fees which
Lessor may incur in defending said claim.
13. Insurance. Lessee, at his /her expense, shall maintain insurance or self- ensure, for all
claims that the lessee can be held liable for under Section 768.28, Florida Statutes, and up to
the maximum amount set forth in the statute:
Notwithstanding anything to the contrary in this lease, Lessee waives all rights to
recovery, claims or causes of action against the lessor and its, attorney -in -fact, agents,
trustees, executors and personal representatives on account of any loss of damage
which may occur to the premises, the building, the property or any improvements thereto
or to any personal property of lessee to the extent such loss or damage is caused be a
peril which is required to be insured against lessee under this lease, regardless of the
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cause or origin (including negligence of the lessor). Lessee covenants to the lessor that
to the fullest extent permitted by law, no insurer of lessee shall hold any right of
subrogation against lessor. Lessee covenants to lessor that all policies of insurance
maintained by lessee respecting property damage shall permit such waiver of
subrogation, and lessee agrees to advise all of its insurers of the waiver and provide
lessor with written evidence of such waiver.
If the demised premises or any other part of the building is damaged by fire or other
casualty resulting from any act of negligence of Lessee or any of Lessee's agents,
employees or invitees, rent shall not be diminished or abated while such damages are
under repair, and Lessee shall be responsible for the costs of repair not covered by
insurance.
14. Eminent Domain. If the demised premises, or any part thereof or any estate therein, or
any other part of the building materially affecting Lessee's use of the demised premises, shall
be taken by eminent domain, this lease shall terminate on the date when title vests pursuant to
such taking. The rent, and any additional rent, shall be apportioned as of the termination date,
and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be
entitled to any part of the award for such taking or any payment in lieu thereof, but Lessee may
file a claim for any taking of fixtures and improvements owned by Lessee, and for moving
expenses.
15. Destruction of Premises. Lessee shall give Lessor immediate notice in case of fire or
other damage or casualty to the demised premises, or any part thereof. In the event of partial
destruction of the demised premises during the term hereof, from any cause, Lessor shall
forthwith repair the same, provided that such repairs can be made within twenty (20) days of
notice under existing governmental laws and regulations, but such partial destruction shall not
terminate this lease, except that Lessee shall be entitled to a proportionate reduction of rent
while such repairs are being made, based upon the extent to which the making of such repairs
shall interfere with the business of Lessee on the demised premises. If such repairs cannot be
made within the said twenty (20) days, Lessor, at Lessor's option, may make the same within a
reasonable time, this lease continuing in effect with the rent proportionately abated as aforesaid,
and in the event that Lessor shall not elect to make such repairs which cannot be made within
twenty (20) days, this lease may be terminated at the option of either party. In the event that the
building in which the demised premises may be situated is destroyed to an extent of not less
than one -third of the replacement costs thereof, Lessor may elect to terminate this lease
whether the demised premises be injured or not. A total destruction of the building in which the
demised premises may be situated shall terminate this lease.
16. Lessor's Remedies on Default. If any default is made in the payment of rent, or any
part thereof, at the times hereinbefore specified, or if any default is made in the performance of
or compliance with any of the other terms or conditions hereof, this lease, at the option of
Lessor and to the extent permitted by law, shall terminate and be forfeited, and Lessor may re-
enter the demised premises and remove all persons there from to the extent permitted by law.
17. Rent Increase. The lease amount agreed herein will be increased annually by 3% over
the prior year's rental amount.
18. Common Area Expenses. In the event the demised premises is situated in a shopping
center or in a commercial building in which there are common areas, Lessee agrees to pay his
pro rata share of maintenance, taxes, and insurance for the common area.
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19. Attorney's Fees. The prevailing party in a civil action brought to enforce the provisions
of this lease or the rights of the parties hereto may recover reasonable litigation costs, including
attorney's fees from the other party.
20. Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver.
21. Notices. All notices pursuant to this agreement shall be in writing and served by certified
mail, return receipt requested to Roger Young, OPMI, Inc, 232 Tide Ave., Tavernier, FL 33070
and to the lessee to Division of Public Works, Facilities Maintenance Department, 3583 S.
Roosevelt Blvd., Key West, FL 33040. _
22. Heirs, Assigns, Successors. This lease is binding upon and inures to the benefit of the
heirs, assigns and successors in interest to the parties.
23. Option to Renew. Provided that Lessee is not in default in the performance of this
lease, Lessee shall have the option to renew the lease for an additional term commencing at the
expiration of the initial lease term.
24. Subordination. This lease is and shall be subordinated to all existing and future liens
and encumbrances against the property.
25. Radon Gas Disclosure. As required by law, Lessor makes the following disclosure:
"Radon Gas" is a naturally occurring radioactive gas that, when it has accumulated in a building
in sufficient quantities, may present health risks to persons who are exposed to it over time.
Levels of radon gas that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon gas and radon testing may be obtained from
your county public health unit.
26. Entire Agreement. The foregoing constitutes the entire agreement between the parties
and may be modified only by a writing signed by both parties.
27. Liability. Lessor shall not be liable for any loss, expense or damage to and person g -n
property, unless it is due to Lessor's negligence. Lessee is responsible for all acts=t)r r!?.gligUce i=
of Lessee's employees, visitors or invitees. Q� rn
28. Choice of Law. This lease shall be governed by the laws of the State of FgrAff an4II
disputes shall be subject to the jurisdiction of the Courts of the State of Florida. �z a
O Ca
Il' SS WHERE F, Zhparties have hereunto set their hands and seal, on i;e
2006.
Attest DAI414( KOLHAGE, CLERK BOARD OF COU TY COMMISSIONERS
OF MONROE C qTY, FLORIDA
B� By:
Deput Clerk Mayor /Chair an
MONROE COUNTY ATTORNEY
OVED A T 0
SUZANN . H TTON page 4 of 5
SISTA C U T A TORNEY LF140 -FL • Rev. 03/05
Date
LESSOR:
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