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Item T1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6/19/02 Division: Monroe County Health Department Bulk Item: Yes ---X- No Department: AGENDA ITEM WORDING: Approval of a three year lease with Alan G. Schmidt, for a property at 13369 Overseas Highway, Marathon, FL to house the Environmental Health operations of the Monroe County Health Department. ITEM BACKGROUND: The increased activity in the Environmental Health program throughout the county and particularly in the Middle Keys has caused the Monroe County Health Department to increase staffing levels. In addition to this, the Middle Keys nursing programs are also in need of additional space that would be available with the departure of the Environmental Health program from the Ruth Ivins Center. PREVIOUS RELEVANT BOARD ACTION: None CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATION: Approval TOTAL COST: $94,590 in total lease cost. All of these funds would be paid with Monroe County Health Department funds. No Monroe County funds would be required. REVENUE PRODUCING: Yes No -2L AMOUNT: PER MONTH YEAR: APPROVED BY: County Attorney /'" OMB/Purchasing ~ Risk Management ~ DIVISION DIRECTOR APPROVAL: Robert . Rutherford, . ., M.P.H., Director Monroe County Health epartment DOCUMENTATION: Included X' To Follow ~ Not Required DISPOSITION: AGENDA ITEM # TI / I' MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Monroe Co. Health Dept. Contract # Effective Date: 8/1/02 Expiration Date: 7/31/03 Contract Purpose/Description: Rental Space Agreement for Monroe County Health Department's Environmental Health staff currently housed at over-crowded Ruth Ivins Center site in Marathon. Contract Manager: Christopher Smith 293-7539 Health Dept. ~ Gato Bldg. (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 6/19-20/02 Agenda Deadline: 6/5/02 CONTRACT COSTS Total Dollar Value of Contract: $ 94,590 Budgeted? YesD No D Account Codes: Grant: $ County Match: $ -0- Current Year Portion: $ 2 , 550 ---- ADDITIONAL COSTS Estimated Ongoing Costs: $ N/ A /yr For: N/ A (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes ~~ ~eeded~ Division Director kLL( & YesD No~ Risk Management lo~ YesD Nog/ O.M.B./Purchasing #-z...,YesD No~ County Attorney YesDNo~ Comments: OMS Form Revised 2/27/01 MCP #2 Date Out "R~ LEASE AGREEMENT THIS LEASE AGREEMENT, entered into this 19th day of June, 2002, A.D. between Alan G. Schmidt; party of the first part, hereinafter called the Lessor whose Federal Identification Number (F.E.I.D.) is , and the State of Florida Department of Division of Bureau of HEALTH MONROE COUNTY HEALTH DEPARTMENT ENVIRONMENT AL HEALTH PROGRAM Party of the second part, hereinafter called 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 the Marathon 33050 City Zip Code Monroe County Name of Building Florida, described as follows: 13369 Overseas Highway Marathon, FL 33050 Which shall constitute an aggregate area of 1800 square feet of net rentable space measured in accordance with the Department of Management Services Standard Method of Space Measurement, and which comprises approximately 100% of the 1800 net square feet in the building at the rate of$17.00 per square foot per year. Lessor shall also provide Six (6) parking spaces for the exclusive use of the Lessee as part of this lease agreement. Landlord agrees to finish the interior of the building with bathroom, kitchen area and offices with finishes to be agreed to by both the landlord and the tenant and to be made a part of this lease. I TERM TO HAVE AND TO HOLD the above described premises for a term commencing on the 1st day of August 2002 to and including the 31 st day of July 2005. RENTALS The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above described premises for the term set out in this lease and the Lessee agrees to pay the Lessor the sum of See Addendum - A effective August 1, 2002 per month for the rental period described in Article I of this lease. The rent for any fractional part of the first month shall be prorated. The rent shall be payable the month following the month of occupancy in accordance with Section 215.422, Florida Statutes. The rentals shall be paid to the Lessor at 11100 Overseas Hwy Address II Marathon, FL City 33050 Zip Code Page 1 of6 Env. Hlth. Lease III HEATING, AIR CONDITIONING AND JANITORIAL SERVICES l.a. The Lessee agrees to furnish to the Lessee heating and air conditioning equipment and maintain same in satisfactory operating condition at all times for the leased premises during the term of the lease at the expense of the Lessee. b. The Lessee agrees to maintain thermostats in the demised premises to achieve an average zone temperature of 75 degrees Fahrenheit during the heating and cooling seasons and certifies that boilers herein have been calibrated to permit the most efficient operation. *2. The Lessee agrees to furnish janitorial services and all necessary janitorial supplies including the provisions of recycling trash disposal for the leased premises during the term of the lease at the expense of the Lessee. 3. All services required above shall be provided during the Lessee's normal working hours, which are normally from 7:30 am to 5:30 pm, Monday through Friday excluding state holidays. IV LIGHT FIXTURES l.a. The Lessor agrees to install in the demised premises light fixtures for the use of the Lessee. *b. The Lessee shall be responsible for replacement of all bulbs, lamps, tubes and starters used in such fixtures for the purpose of furnishing light. 2. The Lessee certifies that the lighting levels within the demised premises are maintained at and do not exceed the following levels: 10 foot-candles in halls and corridors; 30 foot-candles in other public areas; a minimum of 50 foot-candles in office, conference rooms, and other levels as set forth in the State Energy Management Plan, Volume II, Section F.* V MAlNTANANCE AND REPAIRS-Lessor shall maintain the exterior of the building only. 1. 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 coverings and repairs of replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this lease, keep the interior equipment as may be necessary due to normal usage. 2. The Lessee shall, during the term of this 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. 3. The Lessor shall maintain the exterior of the demised premises including grounds and parking area 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 Lessee agrees to furnish pest control services for the leased premised during the term ofthe lease at the expense of the Lessee. IV UTILITIES That the Lessee will promptly pay all gas, water, sewer, solid waste, power and electric light rates or charges which may become payable during the term of this lease for the gas, water, sewer and electricity used and disposal of solid waste generated by the Lessee on the premises; and if the lease is for 3,000 square foot or greater, separately metered for all energy and fuels which may be consumed by Lessee, along, Lessor will provide Lessee, in a form and manner agreed upon timely and accurate date on Lessee's monthly consumption or use of electricity, natural gas, LP gas and/or fuel oil, as appropriate, pursuant to Section 255.257, Florida Statutes. Page 2 of6 Env. Hlth. Lease VII ACCESSIBLITY STANDARDS AND ALTERATIONS 1. The Lessee agrees that the demised premises now conform, or that, prior to Lessee's occupancy, said premises shall, at Lessee expense, be brought into conformance with the requirements of the Florida Americans with Disabilities Accessibility Implementation Act, Section 553.501 - 553.513, Florida Statutes, and the current Florida Disability Code for Building Construction, providing requirements for persons with disabilities and with the requirement of Public Law 101-336. Enacted July 26, 1990, effective January 26, 1992, Section 28 CFR part 35 and Appendix to Section 36 CFR Part 1191, Known as the "Americans with Disabilities Act of 1990." 2. That the Lessee shall have the right to make any alterations in and to the demised premises during the term of this lease upon first having obtained the written consent thereto of the Lessor. The Lessor shall not capriciously withhold the consent to any such alterations. VIII 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 for loss or damage to the property. IX FIRE AND OTHER HAZARDS 1. In the event that the demised premises, or the major part thereof, are destroyed by fire, lightning, 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 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 commence and the lease shall then continue the balance ofthe term. 2. The Lessee shall provide for fire protection during the term of this lease in accordance with the fire safety standards of the State Fire Marshal. The Lessee shall be responsible for maintenance and repair of all fire protection equipment necessary to conform to the requirements of the State Fire Marshal. The Lessee agrees that the demised premises shall be available for inspection by the State Fire Marshal, prior to occupancy by the Lessee, and at any reasonable time hereinafter. 3. The Lessor certifies that no asbestos was used in the construction of the demised premises or that if asbestos was used, actions have been completed to correct the hazards caused by the use of asbestos. 4. The Lessor certifies that if any radon is present, it is at a measurement level less than 4 PCI/L. X EXPIRATION OF TERM At the expiration of the term, the Lessee will peaceably yield up to the Lessor the demised premises in good and tenantable repair. It is understood and agreed between the parties and 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. XI SUBLETTING AND ASSIGNMENT The Lessee upon obtaining written consent of the Lessor, which written 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. XII NOT CONSENT TO SUE The provisions, terms or conditions of this lease shall not be construed as a consent of the State of Florida to be sued because of said lease hold. Page 3 of6 Env. Hlth. Lease XIII WAIVER OF DEFAULTS The waiver by the Lessee of any breach of this lease by the Lessor shall not be construed as a waiver of any subsequent breach of any duty or covenant imposed by this lease. XIV RIGHT OF LESSOR TO INSPECT The Lessor, at all reasonable times, 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. XV BREACH OF CONVENANT These presents are upon this condition, that, except as provided in tp.is lease, 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 (30) days after receipt of written notice thereof from the Lessor to the Lessee, then the Lessor lawfully may, immediately, or at any time thereafter, and without further notice or demand, enter into and upon the demised 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 this demise shall terminate 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. XVI ACKNOWLEDGMENT OF ASSIGNMENT That the Lessee upon the request of the Lessor shall execute such acknowledgment or acknowledgnients, or any assignment, or assignments, of rentals and profits made by the Lessor or any third person, firm or corporation, provided that the Lessor will not make such request unless required to do so by the Mortgagee under a mortgage, or mortgages executed by the Lessor. XVII TAXES, INSURANCE AND COMMISSIONS 1. Lessor shall pay all real estate taxes and fire insurance premiums on the demised premises. Lessor shall not be liable to carry fire insurance on the person or property of the Lessee or any other person or property which may now or hereafter be placed in the demised premises. 2. Lessor agrees, covenants, certifies and warrants to Lessee that no portion of the rent payable pursuant to Article II of this Lease Agreement is at an increased rate, above the going rate of the building, based on or attributable to any commission or fee which is paid or is payable by Lessor as the result of the Lessor's having utilized or contracted for the services of any real estate broker, salesman, agent or firm in any aspect of Lessor's dealings or any dealings involving the leasing of the demised premises to Lessee. XVIII A V AILABILITY OF FUNDS The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. F.S.255.2502 XIX USE OF PREMISES The Lessee will not make or suffer any unlawful, improper or offensive use of the premises or any use or occupancy thereof contrary to the laws of the State of Florida or to such Ordinances of the City and/or County in which the demised premises are located, now or hereinafter made, as may be applicable to the Lessee. XX RENEWAL (to be negotiated) The Lessee is hereby granted the option to renew this lease for an additional year(s) upon the same terms and conditions or as specified on attached addendum. If the Lessee desires to renew this lease under the provisions of this Article, it shall give the Lessor written notice thereof not more than six months nor less than three months prior to the expiration of the term provided in Article I of this Lease or any applicable renewal period. XXI RIGHT TO TERMINATE The Lessee shall have the right to terminate, without penalty, this lease in the event a State owned building becomes available to the Lessee for occupancy during the term of said lease for the purposes for which this space is being leased in the County of Monroe, Florida, upon giving six (6) months advance written notice to the Lessor by Certified Mail Return Receipt Requested. XXII NOTICES AND INVOICES All notices required to be served upon the Lessor shall be served by Registered or Certified Mail, Return Receipt Requested, at 11100 Overseas Hwy., Marathon, FL. 33050, and all notices required to be served upon the Lessee shall be served by Registered or Certified Mail, Return Receipt Requested, at the address of the Lessee at Department of Health, Bureau of General Services, 1100 Simonton St., Key West, FL 33040. Page 4 of6 Env Lease. Hlth. XXIII DEFINITIONS OF TERMS (a) 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. (b) The terms "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto. (c) The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits. XIV ADDITIONAL TERMS X All additional covenants or conditions appear on attached Addendum(s) A _ No additional Covenants or conditions form a part ofthis lease. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. Signed, sealed and delivered in the presence of: Monroe County Health Department! Florida Department of Health Witness as to Tenant (print name below) Print Name Witness as to Tenant (print name below) Witness as to Landlord (print name below) Alan G. Schmitt, President Witness to Landlord (print name below) STATE OF FLORIDA County of Monroe Before me, a Notary Public in and for said State and County, personally came authorized on behalf of the Monroe County Health Department/Florida Department of Health to me well lrnown and lrnown to be the representative of the Monroe County Health Department/Florida Department of Health named in the foregoing lease, and he aclrnowledged that he executed the same for the purpose therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day of ,200_. My commission expires Notary Public Page 5 of6 Env'. Hlth. Lease STATE OF FLORIDA County of Monroe Before me, a Notary Public in and for said State and County, personally came Alan G. Schmitt, President, to me well known and known to be the persons named in the foregoing lease, and he acknowledged that he executed the same for the purpose therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the 'dayof ,200_. My commission expires Notary Public Approved June 19,2002 by the Monroe County Board of County Commissioners Sonny McCoy, Monroe County Mayor Page 6 of6 APPR(wr~ /l" TO FORM AND.. r. ,. . .:.:. ".-.,:;,"'>L ~ ~ ll,,'.'.,,!!CCIEN9' #" / ~~~ ~ '- ,J,h;...~. r~,UJlON r>.^ T~~ '_.._~/-.!,/-'ll- ADDENDUM - A RENTAL: The rent to be paid by the Lessee to the Lessor during the term of this agreement shall be as follows: BASE TERM AMOUNT PER 8Q. FT. 08/01/02 - 07/31/03 $17.00 Two thousand five hundred and fifty dollars. , *Total first year rent of $30,600.00 to be paid at beginning oflease period for space build out cost. MONTHLY RENTAL , $2,550.00* 08/01/03 -07/3.1/04 $17.51 Two thousand six hundred and twenty six dollars and fifty cents. $2,626.50 08/01/04 - 07/31/05 $18.04 Two thousand seven hundred and six dollars. $2,706.00