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Item L2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4/19/00 Division: Judicial Bulk Item: Yes No~ Department: Guardian Ad Litem AGENDA ITEM WORDING: Approve renewal of three-year lease for Guardian ad Li tem Program with new period starting at $19.00 per sq. ft. for 1384 sq.ft with (3 1/2% increase)and annual increases of 3% or CPI whichever is greater. ITEM BACKGROUND: PREVIOUS REVELANT BOCC ACTION: STAFF RECOMMENDATIONS: TOTAL COST: $81,96.% 77 BUDGETED: Yes--X.... for FY'OO No..-X...- for FY '01,'02 & '03 COST TO COUNTY: $81,962.77 REVENUE PRODUCING: Yes No --1L AMOUNT PER MONTH Year APPROVED BY: County Atty_ OMBlPurchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: Theresa D. Westerfield ~ TYPE NAME HE DOCUMENTATION: Included~ To Follow Not Required AGENDAITEM#I.~~ DISPOSITION: MONROE COUNTY BOARD OF CUUNt y L..UJ\'J.J\'J..l':'':'lVI~.c,n.J CONTRACT SUMMARY Contract # Effective Date:..1..J _LJ~ Expiration Date:-5-/ _LJQ..L Contract Purpose/Description: Renewal of three-ye~r 1 P::l<=:P fn.... (;'I~rQiaR ;:lei T.i tpm Contract with: Justo Maqueira program with new period starting at approximately $19 per sq. ft for 1384 sq. ft. (3~% increase) with annual increases of 3% or CPI whichever i<=: grp<1tp.... (Name) 3423 (Ext.) Guardian ad Litem (Department) Contract Manager: Amelia Roberts for BOCC meeting on 4 ./ 19 / 00 Agenda Deadline: 4 / 5 ho CONTRACT COSTS Total Dollar Value of Contract: $ 9l q & 1-. 77 Current Year Portion: $ 11 ,049.00 (5 months) FYOO Budgeted? Yes x No x FY 01/ Account Codes: 001 - 82003 - 530 - 440 Grant: $ ~ 03 County Match: $ (i1 ADDITIONAL COSTS ~ /yr For: N / A (eg. maintenance, utilities. janitorial, salaries. etc.) Estimated Ongoing Costs: $ (Not included in dollar value above) County Attorney CONTRACT REVIEW Changes Date In Needed Reviewer Yes No ....-----:- \. I ~ ~/~p~ ec ) \ . J).(N<J;~V t//.QJJ2.Q (vf/?1. lJ~ ~~ !:LljQ-,OD ( (/j/ ;Zd~/,- Ci,---:t;c. ~ I~/I!PC ( (/~~ Date Out Division Director 1./1-112 Risk ManagelJ.1ent ~..., f (, ,/ 'l' '. .B./Pur~ng J ~/ ~I 00 ~I ..LI ('-() ~/44 ~ Comments : "'" OMS Form Revised 8/30195 Mep K2 Addrcu' . Thu Instrumenl Prepared by' Name: Addreu SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA - ~usin~ss Ifi.eas.e 'ID~i9 J\gree1tt.ent, entered into this day of Justo Maqueira hereinafter called the lessor or landlord, party of the first part, and Monroe County Board of County Commissioners of the County of Monroe and State of Florida lessee or tenant. party of the second part: between hereinafter called the ~itne9fiet~, that the said lessor or landlord does this day lease unto said lessee. and said lessee does hereby hire and take as tenant xx under said lessor the following described premises: (Describe type of prop- erty, address, etc.) 1505 Kennedy Drive, Suite #1 Habana Plaza Key West, FL 33040 situate in Key West lessee as Offices ever, for the term of three ( 3 ) sions of clause ten of this lease ending the 1!::; r day of of payable as foll 2. , to be used and occupied by the and for no other purposes or uses whatso- , subject and conditioned on the provi- May 20~. and . 2 QQ3. at and for the agreed total rental Dollars. :U'J ~/7.'1g -r :n~ 3/a. co -t- ~~/rj. J.') -&-~ ~~ 1. Monthly rent of $2,JOG.GG s 11 be paid by Tenant to Lessor, commencing May 1, 2000. Rent shall be increased each year 011 May ~3 ~ or an amount equal to the Consumer Price Index increase, whichever is greater Lessor shall provide and pay for all utilities and maintenance to the property, as well as regular cleaning services. Tenant accepts the premises in as is condition. State of Florida 1st day of 3 . in arrears all payments to be made to the lessor on the first day of each and every month ic:oo:xtxOltTlCK withollt demand at rh. office of Lessor. c/o P.O. Box 2367. Key West. Florida 33045 In the CU\' of Key West or at such other place and to such other person, as rhe lessor /nay Iron time to time designate in writing. The following express stipulations and conditions are made a parr of this lease and are hereby assented ro h the lessee: FIRST: The lessee shall not assign this lease, nor sub-let the premises. or any part thereof nor use the same. 0 any part thereof, nor permit the same, or any part thereof. to be used for any other purpose than as abov stipulated, nor make any alterations therein, and all additions thereto. without the written consent of the lessol ~ and all additions, fixtures or improvements which may be made by lessee, except movable office furniture. shaJ _ become the property of the lessor and remain upon the prem.ises as a part thereof. and be surrendered with th o premises at the termination of this lease. ~ c " of. SECOND: All personal property placed or moved in the premises above described shall be at the risk of th ~ lessee or owner thereof. and lessor shall not be liable for any damage to said personal property. or [0 the lesse 0. arising from the bursting or leaking of water pipes, or from any act of negligence of any co-tenant or occupanl j of the building or of any other person whomsoever. .. : THIRD: That the tenant shall promptly execute and comply with all statutes. ordinances. rules. order' o ~ regulations and requirements of the Federal. State and City Government and of any and all their Departments an :;; Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or llthl grievances, in, upon, or connected with said premises during said term: and shall also promptly comply with an execute all rules. orders and regulations of the applicable fire prevention codes for the prevention or fires. ~It tenant's own cost and expense. I 0 Il . 9 . SPACE ABOVE THIS LINE FOR RECORDING DATA FOURTH: In the event the premises shall be destroyed or so damaged or injured 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 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 the rules and regulations printed upon this lease. and which are hereby made a part of this covenant, and of such other and further rules or regulations as may be hereafter made by the lessor. are the conditions upon which the lease is made and accepted and any failure on the part of the lessee to comply with the terms of said lease, or any of said rules and regulations now in existence. or which may be hereafter prescribed by the lessor, shall at the option of the lessor, work a forfeiture of this contract. and all of the rights of the lessee hereunder. SIXTH: If the Jessee 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 therefor. and relet the premises with or without any furniture 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 therefor, 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-Ietting. the said lessee shall pay any deficiency. and if more than the full rental IS realized lessor will pay over to said lessee the excess of demand. SEVENTH: Lessee agrees to pay the cost of collection and ten per cent 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 lessee agrees that he will pay all charges for rent, gas, electricity or other illumination. and for all water used on said premises. and should said charges for rent, light or water herein provided for at any time remain due and unpaid for the space of five days after the same shall have become due. the lessor may at its option consider the said lessee tenant at sufferance and the entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collected by distress or otherwise. NINTH The said lessee hereby pledges and assigns to the lessor all the furniture, fixtures. goods and chattels of said lessee, which shall or may be brought or put on said premises as security for the payment of the rent herein reserved, and the lessee agrees that the said lien may be enforced by distress foreclosure or otherwise at the election of the said lessor. and does hereby agree to pay attorney's fees of ten percent of the amount so collected or found to be due. together with all costs and charges therefore incurred or paid by the lessor. TENTH: It is hereby agreed and understood between lessor and lessee that in the event the lessor decides to remodel. alter or demolish all or any part of the premises leased hereunder. or in the event of the sale or long term lease of all or any part of the 1505 Kennedy Drive ; requiring this space. the lessee hereby agrees to vacate same upon receipt of sixty (60) days' written notice and the return of any advance rental paid on account of this lease. ELEVENTH: The lessor, or any of his agents, 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. TWELFTH: Lessee hereby accepts the premises in the condition 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 g.ood to said lessor immediately upon demand. any damage to water apparatus, or electric lights or any fixture, appliances ur apputenances of said premises. or of the building, caused by any act or neglect of lessee. or of any person or pasons in the employ or under the control of the lessee. THIRTEENTH: 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 pari 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. FOURTEENTH. If the lessee shall become insolvent or if bankruptcy proceedings shall be begun by or ~I~~llnst the lessee. before the end of said term the lessor is hereby irrevocably authorized at its option, to lurth", Ith cancel thiS lease, as for a default. Lessor may elect to accept rent from such receiver, trustee, or other JlIchL'lal unlcer durtng the term of their occupancy in their fiduciary capacity without affecting lessor's rights as cunt~lIneJ in this contract, but no receiver. trustee or other judicial officer shall ever have any right, title or Interest In or to the abuve described property by virtue of this contract. FIFTEENTH Lessee hereby waives and renounces for himself and family any and all homestead and exemp- tion rights he may have now, or hereafter, under or by virtue of the constitution and laws of this State. or of any ulher State, or of the United States, as against the payment of said rental or any portion hereof, or any other L",,, '"'0" ,"" u"' '0' ''"0'0,"0 om _ SIXTEENTH: This contract shall bind the lessor and its assigns or successors, and the heirs, assigns, persor representati ves, or successors as the case may be, of the lessee. SEVENTEENTH: It is understood and agreed between the parties hereto that time is of the essence of tt contract and this applies to all terms and conditions contained herein. EIGHTEENTH: It is understood and agreed between the parties hereto that written notice mailed or deliver, to the premises leased hereunder shall constitute sufficient notice to the lessee and written notice mailed delivered to the office of the lessor shall constitute sufficient notice to the lessor. to comply with the terms this contract. NINETEENTH: The rights of the lessor under the foregoing shall be cumulative. and failure on the part of tl lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. TWENTIETH: It is further understood and agreed between the parties hereto that any charges against tl lessee by the lessor for services or for work done on the premises by order of the lessee or otherwise accruir under this contract shall be considered as rent due and shall be included in any lien for rent due and unpaid. TWENTY-FIRST: It is hereby understood and agreed that any signs or advertising to be used. includir awnings, in connection with the premises leased hereunder shall be first submitted to the lessor for approv. before installation of same. TWENTY -SECOND: RADON GAS NOTIFICATION (the following notification may be required in sorr states): Radon is a naturally occurring radioactive gas that. when it has accumulated in a building in sufficier quantities, may present health risks to persons who are exposed to it over time. Levels of radon that excee federal and state guidelines have been found in buildings. Additional information regarding radon and rado testing may be obtained from your county pubic health unit. 'IWENTY-THIRD: 'The Lessee's performance and obligation to pay under this contrac is contingent upon an annual appropriation by the Lessee's Board of County Ccxmnissioners. 'IWENTY-FORTH: The Lessee, on keeping the covenants and agreements provided for in this lease, will have quiet and peaceful enjoyment of the premises without any interruptions by the Lessor, except as set forth elsewhere in this lease, or by persons claiming by, through, or under the Lessor. 'IWENTY-FIFI'H: Venue for any litigation arising under this lease must be in a court of competent jurisdiction in Monroe County, Florida. ~n ~itne5s ~qereof, the parties hereto have executed this instrument for the purpose herei expressed. the day and year above written. Signed. sealed and delivered in the presence of' ~^{~~ Wilne" Slgn.'ure (as 10 Le"pr.( , 1-. l-\ A (\ 1'\ u; ,q "2- Prlnled Name ..1 ~ I,U<-d.l ~~~ /ssor Signalure T D-~T5 [1,(, A (Lv ~ //2 .-4- Prinled Name fIG Post Office Address BOARD OF mUNTY mMMISSIONERS OF M)NROE muNI'Y, FIDRIDA WllnC'\S Signature (as 10 LI"SSCOC'l ~Y;:/~irman ~ Prlnlt'd NdfTlI" Prlnled Name WHness SIgnature (a!i 10 Lessee) Post Offil'C' Addrc:ss STATE OF COUNTY OF ~~ m.nnrt?e.. 8 Printed Name RO I hereby Certify that on.lhis da to administer oaths an.t'Al€ known to me to be the person~ described in and who executed the foregoing instrument, who acknowledged before me Ih~t executed the same, and an oath was no! taken. (Check one:) ~id person(s) is/are personally known 10 me. 0 Said person(s) prOVided {he followlf type of identificalion: NOTARY RUBBER STAMP SEAL Wilness my hand and offici~1 seal in Ihe County and Stale laS( ~fore"", ,-'6"'.. Deborah B Giggleman * liAi! * My CommiSSion CC888741 '1~~ ,..",lfI'~ Expires November 16.2003 . A DitX:k. ....L...O DNIOl:lO:J3l:ll:l0:l3NIl SIH.L 3^Oa... 3:J...dS ~ ~ >< "'t$ ~ ..... tn ~ to .... . lSl ::$ ~ tn tn eI ~ +1 t) -.g ~ +1 +-+- ... lid ~ ~ \.0 ~ I P:+ tn ~