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Item J1 BOARD OF COUNTY COMMISSIONERS AGENDAITEMSU~RY Meeting Date: 11/20/01 Division: Judicial Bulk Item: Yes No x Department: Guardian ad Litem AGENDA ITEM WORDING: Approval to re-enter into a lease with Irwin B. Morse, M.D., d/b/a Town Square Mall, for 450 feet of office space, for Guardian ad Litem Program, starting January 1, 2002. The rent is increased by the CPI-U for the most recent twelve months. available (2.6%). ITEM BACKGROUND: The Court continues to need the space in the Middle Keys to ensure maximum service avaiJabiJity to all areas of the County. PREVIOUS REVELANT BOOC ACTION: None STAFF RECOMMENDATIONS: None TOTAL COST: $7.387.20 BUDGETED: Yes -L No COST TO COUNTY: $7.387.20 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year - .~ . M.k/ . to' /) APPROVED BY: County Atty ~ OMB/Purchasmg ~ RISk Management ~ DIVISION DIRECTOR APPROVAL: Theresa D. Westerfield -C "'D.l ~ TYPE NAME HERE DOCUMENTATION: Included X To Follow Not Required DISPOSITION: AGENDA ITEM # /--\77 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Irwin S. Morse. dba Town SQuare Mall Effective Date: 01/ 01/ 02 Expiration Date: 12/ 31/ 02 Lease for 450 SQuare feet of office space for Guardian ad Litem Contract Purpose/Description: Program's child-victim assistance staff. starting January 1.2002 Contract Manager: Theresa Westerfield (Name) 3423 (Ex!. ) Court Administration (Deparlment) for BOCC meeting on 11 / 20 /2001 Agenda Deadline: 11 / 01 /2001 CONTRACT COSTS Total Dollar Value of Contract: $ 7.387.20 Current Year Portion: $ 5.540.40 Budgeted? Yes X No Account Codes: 001 - 82003 -530440 - Grant: $ N/ A County Match: $ N/ A Estimated Ongoing Costs: $ (not included in dollar value above) ADDITIONAL COSTS o /yr For: (eg. Maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Yes No ~ ' \ . Division Director 10/31/ 01 ( ) (0 I . v. lJJ~ / Ii \ \) (' _- ~ Risk Management I (l)Ji! (} / () (. ~ LA, Lv e',"",~~ \ Lc..~T-6c:;N"- o .M. B./Purchasing , D /3\ /0 \ () ( ,,;(' Date Out ~JJJ~ ~lSI/tll. ( ) ( (() / 3L! l!.L County Attorney JQ}3UQi r /O/~12L Coments: RENEWAL AGREEMENT (Office Space for Court Administration - Town Square Mall, Marathon) This renewal of lease agreement is made and entered into tbis 20th day of November, 2001, between IRWIN S. MORSE, MD. d/b/a TOWN SQUARE MALL hereinafter called the Lessor, and the BOARD OF COUNTY COMMISSIONERS OF MONROE _ COUNTY, FLORIDA, hereinafter called the Lessee, in order to renew the certain lease agreement dated December 13, 2000, (a copy of which is attached hereto by reference) as follows: 1. In accordance with Section IV of the original Lease Agreement dated December 13, 2000, the Agreement shall be renewed for the first of two one year options commencing Januaryl,2002, and terminating December 31,2002. 2. In accordance with the third sentence of Section II of the original Lease Agreement, rent shall be increased by the CPI-U for the most recent twelve months available (2.6%), from $7,200.00 annually to $7,387.20 annually, or from $600.00 per month to $615.60 per month. 3. In all other respects, the original Lease Agreement dated December 13,2000, remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (Seal) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman LESSOR: Witness By: Title: Witness APPROVeD A-c.' A _},;, ro FORM ., LEASE AGREEMENT State of Florida County of Monroe This Lease Agreement entered into this -1::i day of j)PC p.mtF Y' _, 20 ill, by and between IRWIN S. MORSE, M_D. d/b/a TOWN SQUARE MALL, party of the first part hereinafter ~lIed 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 tenn a..nd under the conditions hereinafter set out those certain premises in Marathon, County of Monroe, Florida described as follows: I. LEASE LOCATION Town Square Mall Unit #104, Marathon, Florida which shall constitute an aggregate area of 450 square feet of net rentable space at the rate of$16.00 per square foot per year, $600.00 per month, $7,200 per year. II. RENTALS The lessor hereby leases to the lessee 450 square feet and the lessee hereby leases from the lessor the above described premises for the term set out in this lease. Lessee hereby agrees to pay the lessor the sum of seven thousand two hundred dollars and no cents ($7,200.00) annually, six hundred dollars and no cents ($600_00) per month. The lease amount agreed to herein might be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve months available. Increases in the contract amount during each option year period shall be extended into the succeeding years. Rent shall be due and payable on or before the last day of each month, in arrears_ llle rental shall be paid to the lessor and mailed to Irwin S. Morse, M_D. d/b/a Town Square Mall, '15 J S.E 15 Road, Floor Ten, Miami, FL 33 J 29, prior to the last day of the month_ II I. TERM To have and to hold the above described premises for a tenn of one (1) year commencing on January I, 200 I upto and including December 31, 2001_ IV_ RENEWAL lllis agreement may be renewed at t1le option of the lessee for two (2) additional one (I) year period. lllis option shall be executed only upon approval of the Board of County Commissioners_ v. AIR CONDITIONING AND JANlTORIAt SERVICES I . The lessor agrees to furnish to the lessee air conditioning equipment to be used during normal business hours, and shall ensure that same is operational and functional during the time of this lease. The lessor herein expressly agrees to be responsible for all costs associated with maintenance and operation of the air conditioning system, including all electrical, mechanical components, coils, condensers and refrigerants. 2. 11:te lessee shall provide janitorial services and all necessary janitorial supplies for the leased premises during the term of the lease at the expense of the lessee. VI. MAINTENANCE AND REPAIRS I. The lessee 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 the 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 of 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 and any renewal periods. 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. VII UTILITIES The lessor shall be fully responsible to provide and pay all utilities including solid waste, sewer, water and electricity charges which may become payable during the term of the lease for solid waste disposal, sewer disposal, water and electricity used by the lessee on the premises. VlIJ ALTERATIONS TIle lessee shall have the right to make any alterations to the demised premises during tJle term of the lease upon first having obtained tJle written consent of the lessor. The lessor shall not capriciously withhold tJIe consent to any such alterations_ IX 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 tlIe sole risk of the lessee and except for any negt.gence 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. X FIRE AND OlliER HAZARDS I. In the event that the demised premises or the major part thereof are destroyed by fire, lightening, stonn or other casualty, the lessor at its option may 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 the 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 then continue the balance of the term. 2. The lessor shall provide for fire protection during the term of this lease in accordance with the fire safety standards of the State and/or Monroe County Fire Marshal. The lessor shall be responsible for maintenance and repair of all fire protection equipment necessary to conform to the requirements of the State and/or Monroe County Fire Marshal. The lessor agrees that the demised premises shall be available for inspection by the State and/or County Fire Marshal, prior to OCcupancy by the lessee, and at any reasonable time thereafter. XI EXPIRATION OF TERM At the expiration of the term, the lessee wilJ 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 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 tlIe lessee restores the premises to as good a state of repair as they were prior to the removal. XII SUBLEITING AND ASSIGNMENT The lessee upon the obtaining of the written consent of the lessor, which consent shall not capriciously be witlIheld, shall have the right to sublet all or any part of the demised premises, or to assign all or any part of the demised premises_ XIII NOT CONSENT TO SUE The provisions, tenns, or conditions of this lease shall not be construed as a consent of Monroe County to be sued because of said leasehold. XIV WAIVER OF DEFAULTS The waiver by tlIe 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. xv 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. Repairs shall be limited to non- business hours unless an emergency situation exists. XVI BREACH OF COVENANT 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 days after receipt of written notice thereof from the lessor to the lessee then the lessor lawfully may, immediately or any time thereafter, and without further notice or demand enter into and upon the ~emised premises or any part thereof and repossess 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 the demise shall tenninate 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. XVII ACKNOWLEDGEMENT OR ASSIGNMENT The lessee upon the request of the lessor shall execute such acknowledgement or acknowledgments 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 Mortgage under a mortgage or mortgages, executed by the lessoL XVIII A V AILABlLITY OF FUNDS The obligations of the lessee under this lease agreement are subject to the availability offimds lawfuUy appropriated annuaUy for its purposes by the Monroe County Board of County COmmissioners _ XIX USE OF PREMISES The lessee will not make or suffer any unlawful, improper or offensive use of the premises or any use of OCcupancy thereof contrary to the Laws of the State of Florida or to such Ordinances of Monroe County now in effect or hereafter adopted, as may be applicable to the lessee. XX INSURANCE TIle lessee shall procure and maintain at its expense and throughout the term of this lease the 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 that 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 aCcoWlt of any loss of damage which may OCcur to the premises, the building, the property or any improvements tllereto or to any personal property of lessee to the extent such loss or damage is caused by a peril which is required to be insured against by lessee Wlder this lease, regardless oftlle cause or origin (including negligence oflessor). 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. XXI NOTICES All notices required to be served upon the lessor shall be served by certified mail, return receipt requested to Irwin S. Morse, M.D., d/b/a Town Square Mall, 151 S.E. 15 Road, Floor 10, Miami, FL 33 I 29, and all notices required to be served upon the lessee shall be served by certified mail, Jetum receipt requested to the Division of Public Works, Facilities Maintenance Department, 3583 S. Roosevelt Boulevard, Key West, FL 33040. XXII. RADON GAS NOTIFICATION Radon is a naturally occurring 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 that exceed federal and state guidelines have been fOWld in buildings. Additional information regarding radon and radon testing may be obtained from your COWlty Public Health Unit. XXIII LEASE TERMINATION This lease maybe terminated by the lessee upon written sixty (60) days notice to the lessor that the lessee has obtained adequate office space in a governmental building. XXIV 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_ 0 I 0-1990 or any COWlty 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 other wise recover the full amoWlt of any fee, commission, percentage, gift or consideration paid to the former County officer or employee_ XXV AMERICAN WITH DISABILITIES ACT The lessor herein expressly agrees to maintain the subject premises in full compliance with tJle American Disabilities Act. Further, the lessor shall be liable for any cost on expenditure associated with said compliance_ The lessor shall be fully responsible to restore all rest room facilities to meet ADA requirements at the expense of the lessor prior to OCCupancies_ XXVI PUBLIC ENTITY CRIME ..... - . 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 with a public entity for 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 F.S. for Category Two for a period of 36 months from the date of being placed on the convicted vendor list.(Category Two $10,000.00). XXVII DEFINITION OF TERMS TIle 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 tenn "lessor" and "Iessee" shall include the successors and assigns for the parties hereto. 3_ TIle singular shall include the plural and the plural shall include the singular whenever the context so requires or pemlits. XXVIII ADDITIONAL 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 dIe day and year above written. ORIGINAL SIGNATURES REQUIRED ON ALL COPIES LESSOR By.L1Lh~ .\ Title:______a~~__ ____ LHAGE, CL -oRK BOARD OF COUNTY COMMISSIONERS "0,> ~="j OJ ~4:~~ -. ..~.~~.:,.~~ ~"_'_;."..,>~,::::;/ - .._ ----";-f~?ty Gene,.1 Cou,",cl of Monroe County, FIOri'"