07/19/2006 Lease
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 26, 2006
TO:
Reggie Paros, Director
Florida Keys Marathon Airport &
Housing & Community Development
FROM:
Stacy DeVane
Executive Assistant
Pamela G. HancQ~
Deputy Clerk CY
ATTN:
At July 1 Sl, 2006, Board of County Commissioner's meeting the Board granted approval
and authorized execution of the following:
Renewal Agreement for Lease of Medical Examiner Facilities between Monroe County
and Florida Keys Funeral Services LLC to provide interim facilities for the Medical Examiner for
an additional one year period.
I Lease Agreement between Monroe County and Beyer Funeral Home to lease premises for
use as interim Medical Examiner facilities.
Add,endum to Lease between Monroe County and the City of Marathon concerning lease
of additional parcel of land at the Florida Keys Marathon Airport from which to operate
temporary fire station facility.
Enclosed is a duplicate original of each of the above-mentioned for you handling. Should
you have any questions please feel free to contact our office.
Cc: County Attorney
Finance
Filei
LEASE AGREEMENT
THIS LEASE is made and entered into this 19th day of July, 2006, by
BEYER FUNERAL HOME, 101640 Overseas Highway, Key Largo, Florida 33037,
hereafter LESSOR, and Monroe County, a political subdivision ofthe State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, hereafter COUNTY.
WHEREAS, LESSOR is the sole owner ofthe premises described in this lease;
and
WHEREAS, the COUNTY desires to lease premises for use as a Medical
Examiners facilities; now, therefore
IN CONSIDERATION ofthe mutual covenants contained herein, the parties
agree as follows:
Section I. LESSOR leases to the COUNTY refrigeration and operating
facilities at 101640 Overseas Highway, Key Largo, Florida.
~;ection 2. The COUNTY shall use the premises solely for functions of the
Medical Examiner's Office.
~;ection 3. The term of this lease is for one year, commencing October 1, 2006
and ending September 30,2007. The County may exercise an option to renew this lease
for one additional year under the same terms and conditions by providing to Lessor at
least sixty days prior to the expiration of the agreement written notice of the exercise of
option.
Either party may terminate this Agreement without cause by giving sixty (60) days
written notice to the other indicating its desire to terminate same.
Section 4. The total rental due for the premises for the first year period is
$2,580.00, payable monthly as follows:
a) Beyer's Funeral Home Facility at $215.00 per month, which includes
refrigeration and use of the facilities for autopsies and post mortem examinations.
The LESSOR shall submit monthly invoices to Monroe County Housing and
Community Development, 9400 Overseas Highway, Suite 200, Marathon, Florida 33050
for processing.
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the BOCC.
Section 5. The COUNTY shall be responsible for providing all equipment
needed to carry out the functions of the Medical Examiner.
Section 6. All utility and normal refuse services shall be supplied by LESSOR,
with the exception ofbiohazardous waste, which is under the jurisdiction ofthe Office of
the Medical Examiner.
~;ection 7. The COUNTY may not assign, sublease, pledge, mortgage or
hypothecate this lease or any interest that the COUNTY has under this lease without the
permission of the LESSOR.
Section 8. To the extent allowed by law, the COUNTY is liable for and must
fully defimd, release, discharge, indemnifY and hold harmless the LESSOR from and
against any and all claims, demands, causes of action, losses, costs and expenses of
whatever type - including investigation and witness costs and expenses and attorney's fees
and costs - that arise out of or are attributable to the COUNTY'S operations at the
premises, excluding those claims, demands, damages, liabilities, actions, causes of action,
losses, costs and expenses that are the result of the sole negligence ofthe LESSOR,
subject to the terms and conditions of Florida Statutes ~768.28.
S<ection 9. The LESSOR for itself, its personal representatives, successors in
interest, lmd assigns, as a part of the consideration hereof, does hereby covenant and agree
that no person on the grounds of race, color, or national origin shall be discriminated
against by LESSOR in the provision of services or employment or other applicable
requiremlmts imposed by or pursuant to Title 49, Code of Federal Regulations,
Departme'nt of Transportation Subtitle A, Office of the Secretary, Part 21, Effectuation of
Title VI ofthe Civil Rights Act of 1964, and as said Regulations may be amended.
That in the event of breach of the above nondiscrimination covenants, the County
shall have the right to terminate this agreement as if said agreement had never been made
or issued. The provision shall not be effective until the procedures of Title 49, Code of
Federal Regulations, Part 21 are followed and completed including exercise or expiration
of appeal rights.
2
Section 10. This lease agreement is governed by the laws of the State of
Florida. Venue for any litigation arising under this lease agreement must be in a court of
competent jurisdiction in Monroe County, Florida.
(Seal)
ATTEST: DANNY KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:(]~'~~
Deputy Clerk
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By:
Mayor/Chainnan
BEYER FUNERAL HOME
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MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
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SU$ N M. GRIMSI$Y
ASSIST T COUNTY ATTORNEY
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
~~ ~ t~ warrants that he/it has not employed, retained
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or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
STATE OF
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COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
/J1 /1-I2f /.-,vAl r l3eye /l who, after first being sworn by me, affixed hislher
signature (name of individual signing) in the space provided above on this ,;. 7 day of
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My connnission expires:
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RECEIVED
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