Item I1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
1/16/02
Division:
Judicial
Bulk Item: Yes
No --L-
Department: Drug Court
AGENDA ITEM WORDING:
Approval to enter into a lease with Irwin B, Morse, M.D., d/b/a Town Square Mall, for
approximately 400 feet of office space, for Drug Court Program, commencing on the date of
execution by Dr. Irwin S. Morse, or approval of the Monroe County BOCC, whichever is later.
ITEM BACKGROUND:
The Court continues to need the space in the Middle Keys to ensure maximum service
availability to all areas of the County,
PREVIOUS REVELANT BOOC ACTION:
None
STAFF RECOMMENDATIONS:
None
TOTAL COST: $6.300.00
COST TO COUNTY: $6.300.00
BUDGETED: Yes.1L- No
REVENUE PRODUCING: Yes _ ijo X AMOUNT PER MONTH Year
APPROVED BY: County Atty ~ OMB/Purchasing ~ Risk Management t J, (j(,
DMSION DIRECTOR APPROVAL:
Theresa D. Westerfield ~ 'D. .
TYPE NAME HERE \):J~
DOCUMENTATION: Included X
To Follow
Not Required
DISPOSITION:
AGENDA ITEM # /-~/
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTS~Y
Contract #
Contract with: Irwin S, Morse, dba Town Square Mall Effective Date: Date of approval by BOCC
Expiration Date: One vear from effective date
Contract Purpose/Description: Lease for approximately 400 square feet of office space for Drug Court
Program's staff. commencing on the date of execution by Dr. Irwin S. Morse. or approval of the Monroe
County BOCC. whichever is later.
Contract Manager: Theresa Westerfield
(Name)
3423 Court Administration
(Ext. ) (Department)
for BOCC meeting on 1/16102
Agenda Deadline: 1 I 02 12002
CONTRACT COSTS
Total Dollar Value of Contract: $ 6.300.00 Current Year Portion: $ 4200.00
Budgeted? Yes X No _ Account Codes: 001 - 83001 -530440 -
Grant: $ NIA
County Match: $ NI A
Estimated Ongoing Costs: $
(not included in dollar value above)
ADDITIONAL COSTS
o Iyr For:
(eg, Maintenance, utilities, janitorial, salaries, etc,)
O.M.B./Purchasing
ceNTRACT REVIEW
Changes
Needed Reviewer
Yes No (\..-rl..~
1/02/02 () (j) Theresa Westerfield '"(I). \~ - .J.JDQA
iJ 'II ():2-- ( ) (v{ ci, l.. \ ~i-.S.- f2 ,~--=*= ~C'i~ LJ ~ 10 L
lJ:JJ01- ( ) ((~ ~ p _
1!1J~ () -'1 ~
Date In
Date Out
Division Director
Risk Management
I II IOL.
County Attorney
-.L!!!J 0--
Coments:
LEASE AGREEMENT
State of Florida
County of Monroe
This Lease Agreement entered into this 16th day of January, 2002, by and between IRWIN S.
MORSE, M.D. d/b/a TOWN SQUARE MALL, 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:
LEASE LOCA nON
Town Square Mall Unit #205, Marathon, Florida which shall constitute an aggregate area of approximately
400 square feet of net rentable space at the rate of approximately $15.75 per square foot per year, $525,00
per month, $6,300.00 per year.
ll. RENTALS
The lessor hereby leases to the lessee 400 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 six
thousand three hundred dollars and no cents ($6,300.00) annually, five hundred twenty-five and no cents
($525.00) 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. t
The rental shall be paid to the lessor and mailed to Irwin S. Morse, M.D. d/b/a Town Square Mall, 151 S.E.
15 Road, Floor Ten, Miami, FL 33129, prior to the last day of the month.
III. 11E~
To have and to hold the above described premises for a term of one (1) year commencing on the date of
execution by Dr. Irwin S. Morse, or approval of the Monroe County BOCC, whichever is later.
IV. RENEWAL
This agreement may be renewed at the option of the lessee for two (2) additional one (1) year periods. This
option shall be executed only upon approval of the Board of County Commissioners.
V. AIR CONDITIONING AND JANITORIAL 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
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operation of the air conditioning system, including all electrical, mechanical components, coils,
condensers and refrigerants.
2. The 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
1, The lessee shall provide for interior maintenance and repairs in accordance with generally
accepted good practices, including repainting, the replacement ofwom 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 UfILITIES
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 t
disposal, water and electricity used by the lessee on the premises.
VIII AL TERA nONS
The lessee shall have the right to make any alterations to the demised premises during the term of the lease
upon first having obtained the written consent of the lessor. The lessor shall not capriciously withhold the
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 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.
X FIRE AND OTHER HAZARDS
I. In the event that the demised premises or the major part thereof are destroyed by fire, lightening,
storm 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
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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 EXPIRA nON 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 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.
XII SUBLETIING AND ASSIGNMENT
The lessee upon the obtaining of the written consent of the lessor, which consent shall not capriciously be
withheld, 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.
xm NOT CONSENT TO SUE
The provisions, terms, or conditions of this lease shall not be construed as a consent of Monroe County to be
sued because of said leasehold.
t
XIV WAIVER OF DEFAULTS
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.
xv RlGHf 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 terms 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 demised premises or any part thereof and
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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 terminate but without prejudice to any remedy which might otherwise be used by the lessor for arrears
ofrent 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 lessor.
XVIII 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.
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
The 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 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 by a
peril which is required to be insured against by lessee under this lease, regardless of the cause or origin
(including negligence of 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 pennit 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 33129, and all
notices required to be served upon the lessee shall be served by certified mail, return receipt requested to the
Division of Public Works, Facilities Maintenance Department, 3583 S. Roosevelt Boulevard, Key West, FL
33040.
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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 found in buildings. Additional information regarding radon and radon testing may be
obtained from your County Public Health Unit.
XXIII LEASE TERMINATION
This lease may be 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 Enncs 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 other wise recover the full
amount 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 the 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 1hreshold 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).
if
XXVII DEFINITION OF TERMS
I. 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 include the successors and assigns for the parties hereto.
3. The singular shall include the plural and the plural shall include the singular whenever the
context so requires or permits.
XXVIII ADDITIONAL CONDITIONS
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No additional covenants or conditions fonn 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 REQillRED ON ALL COPIES
Signed, Sealed and Delivered
in the presence of:
LESSO~
By:
Witness
Title:
Witness
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
Clerk
By:
- "'rr.
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