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					                                 INVITATION FOR BIDS



                                 UPDATE AS OF 7/24/2009
                                CHANGES INDICATED IN RED


The Sarasota County Government will receive sealed bids on the date indicated below for
the purpose of selecting a tenant to lease the vacant parcel at the northeast quadrant of the
intersection of Palmer Boulevard and Cattlemen Road.

BID NUMBER:           09831RC

BID TITLE:            Lease of Parcel at the Intersection of Palmer and Cattlemen

BID SUBMITTAL/OPENING DATE & TIME: July 31, 2009 at 3:00 PM

BID OPENING LOCATION:               Sarasota County Administration Center
                                    3rd Floor Conference Room
                                    1660 Ringling Blvd.
                                    Sarasota, FL 34236

Specifications and bid documents are available at www.scgov.net/realestate



QUESTIONS: Requests for additional information or clarification should be addressed to
Jeremiah Greer by email to jgreer@scgov.net or by phone to (941) 861-5498.

SPECIAL NOTE: Bids must be submitted in triplicate in a sealed envelope marked
“SEALED BIDS FOR BID 09831RC” and delivered to Sarasota County Government,
Procurement, 1660 Ringling Blvd., 3rd Floor, Sarasota, FL 34236.

The County assumes no responsibility for bids received after the bid submittal time or at
any location other than that specified, no matter what the reason. Late bids will be held
unopened and will not be considered for award.



Publish:      7/13/2009

Open:         7/31/2009




Invitation to Bid                                                               Page 1 of 22
Bid Template Version 5.0 Adopted 06/11/09                                     Bid #09831RC
                             GENERAL TERMS AND CONDITIONS


1.     PURPOSE
       The County intends to award a lease for a 3-year period. There will be an option to extend the
       lease for additional one year periods, adhering to the original bid terms and conditions. These
       extensions will be contingent upon approval of both the County and the Lessee at the time of
       extension.


2.     CONTRACT FORMS
       Any contract or lease resulting from the acceptance of a bid shall be on forms either supplied
       by or approved by the County.


3.     BID DELIVERY REQUIREMENTS
       Any bids received after the stated time and date will not be considered. It shall be the sole
       responsibility of the bidder to have their bid delivered to the Sarasota County Procurement
       Office for receipt on or before the stated time and date. If a bid is sent by U.S. Mail, the
       bidder shall be responsible for its timely delivery to the Procurement Office. Bids delayed by
       mail shall not be considered, shall not be opened at the public opening, and arrangements
       shall be made for their return at the bidder's request and expense.


4.     CLARIFICATION & ADDENDA
       Each bidder shall examine all Invitation for Bid documents and shall judge all matters relating
       to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests
       concerning interpretation, clarification or additional information pertaining to the Invitation for
       Bid shall be made through the Sarasota County Procurement Office and must be received at
       least seven (7) calendar days prior to Bid opening.


5.     SEALED & MARKED
       5.1.    Three signed copies of your bid shall be submitted in one sealed package, clearly
               marked on the outside with your name and/or Company name and "Sealed Bid
               09831RC” to:
                   Sarasota County Government
                   Procurement
                   1660 Ringling Boulevard, 3rd Floor
                   Sarasota, Florida 34236


       5.2.    All printed and photocopied documents related to the submission of this bid and
               fulfillment of any resulting contract shall be double-sided and printed on recycled
               paper with a minimum of 30% post-consumer content.


6.     BID EXPENSES
       Bidders shall bear all costs and expenses incurred with developing, preparing, and submitting
       Bids.


7.     IRREVOCABLE OFFER
       Any bid may be withdrawn up until the date and time set for opening of the bid. Any bid not
       so withdrawn shall, upon opening, constitute an irrevocable offer for a period of 120 days.



Invitation to Bid                                                                         Page 2 of 22
Bid Template Version 5.0 Adopted 06/11/09                                               Bid #09831RC
                             GENERAL TERMS AND CONDITIONS


8.     RESERVED RIGHTS
       8.1.    The County reserves the right to accept or reject any or all bids, to waive irregularities
               and technicalities, and to request resubmission. The County reserves the right to
               waive or accept minor irregularities when, in the sole opinion of the County, such
               waiver or acceptance is deemed to be in the best interest of the County.
       8.2.    To be responsive, a bidder shall submit a bid which conforms in all material respects to
               the requirements set forth in the Invitation for Bid. To be a responsible bidder, the
               bidder shall have the capability in all respects to perform fully the contract
               requirements, and the tenacity, perseverance, experience, integrity, reliability,
               capacity, facilities, equipment, and credit which will assure good faith performance.
               Also, the County reserves the right to make such investigation as it deems necessary
               to determine the ability of any bidder to perform the obligations set forth in the lease.
               Information the County deems necessary to make this determination shall be provided
               by the bidder. Such information may include, but shall not be limited to: current
               financial statements and past performance records.


       8.3.    Bidders are required to bid their prices on the bid forms supplied by the County in the
               bid document. Bids, at the sole discretion of the County, may be deemed non-
               responsive if these bid forms are not used and duly signed by an authorized
               representative of the bidder.


9.     APPLICABLE LAWS
       9.1.    Bidder must be authorized to transact business in the State of Florida. All applicable
               laws and regulations of the State of Florida and ordinances and regulations of Sarasota
               County will apply to any resulting agreement.       It shall be the responsibility of the
               bidder to assure compliance with any OSHA, EPA and/or other Federal or State of
               Florida rules, regulations or other requirements, as each may apply. All work shall
               comply with Sarasota County codes and regulations.
       9.2.    Any proposer who, as a result of a code enforcement hearing conducted by a Sarasota
               County Special Magistrate, has been determined to be in violation of any provision of
               the Sarasota County Code of Ordinances (whether related to the subject matter of this
               Request for Proposal or not), shall be deemed non-responsible and ineligible for award
               of any contract hereunder. This prohibition shall be in force until the violation has
               been corrected and any fine imposed by the Special Magistrate has been fully paid. In
               the event a proposer is awarded a contract hereunder and subsequently is determined
               to be in violation of any provision of the Sarasota County Code of Ordinances as stated
               above, such violation shall be grounds for termination of that contract.


10.    MATHEMATICAL ERRORS
       In the event of multiplication/extension error(s), the unit price shall prevail. In the event of
       addition error(s) the extension totals will prevail. Written prices shall prevail over figures. All
       bids shall be reviewed mathematically and corrected, if necessary, using these standards,
       prior to additional evaluation.




11.    PUBLIC ENTITY CRIMES
         In accordance with Section 287.133, Florida Statutes, a person or affiliate who has been
         placed on the convicted vendor list following a conviction for a public entity crime may not
         submit a bid on a contract to provide any goods or services to a public entity, may not submit
         a bid on a contract with a public entity for the construction or repair of a public building or
         public work, may not submit bids on leases or real property to a public entity, may not be
Invitation to Bid                                                                         Page 3 of 22
Bid Template Version 5.0 Adopted 06/11/09                                               Bid #09831RC
                             GENERAL TERMS AND CONDITIONS


       awarded or perform work as a Lessee, supplier, subLessee, 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 for Category Two for a period of 36 months
       from the date of being placed on the convicted vendor list.


12.    EQUAL EMPLOYMENT OPPORTUNITY
       Sarasota County will affirmatively ensure that minority business enterprises will be afforded
       full opportunity to submit bids in response to this Invitation for Bid and will not be
       discriminated against on the grounds of race, color, sex, religion, disability or national origin in
       consideration for an award.


13.    PUBLIC RECORDS
       Bidder acknowledges that all information contained within its bid is part of the public domain,
       as defined by the State of Florida, Government in the Sunshine Laws, and Public Records
       Laws. No information should be labeled confidential unless exempted under said laws.


14.    TERMINATION
       Termination provisions shall be identified in the lease agreement that results from this
       solicitation.


15.    INSURANCE
       The successful bidder shall submit proof of insurance per Sarasota County's specifications
       within ten (10) days of the bid award. Failure to provide proof of coverage shall result in the
       vendor being declared non-responsive.


16.    PROTESTS
       16.1.   Any protest of the terms, conditions and specifications contained in this solicitation,
               including, but not limited to, any provisions governing the methods for ranking or
               evaluating bids must be filed in writing with Jeremiah Greer within three (3) working
               days of the posting of this solicitation.
       16.2.   Any bidder or proposer who believes that they have been aggrieved in connection with
               the award of this solicitation, as the result of a violation of any applicable provision of
               law, may protest the award action. Protestors must verbally notify Mr. Greer of their
               intent to protest within three (3) working days of the posting of the Notice of Award
               Action.




Invitation to Bid                                                                          Page 4 of 22
Bid Template Version 5.0 Adopted 06/11/09                                                Bid #09831RC
                            GENERAL NOTES AND REQUIREMENTS




   1.      PURPOSE
           Bids are solicited, on behalf of the procurement authorities of Sarasota County, Florida, for
           the purpose of selecting a tenant to lease the vacant parcel at the northeast quadrant of
           the intersection of Palmer Boulevard and Cattlemen Road.


   2.      LEASE PRICING
           Lease pricing, and changes thereto, shall be addressed in the lease agreement which
           results from this solicitation.


   3.      SITE VISITS AND INFORMED BIDDING
           Bidders are advised to visit the location to familiarize themselves with the site. Failure to
           do so will in no manner relieve the Lessee from services that may be required to carry out
           and complete the contract in accordance with the intent of the specifications listed herein.
           The County will cooperate in arranging all reasonable requests for scheduling these visits
           but not less than seven calendar days from the bid opening. For site visits contact
           Jeremiah Greer @ (941) 861-5498.
           .
   4.      BID SUBMITTALS
           4.1.     Bidders are required to complete and submit the following form with their bids:
               a.   Assurance of Insurability Form
           4.2.     Failure to provide these forms may be cause to declare a bidder non-responsive.


   5.      AWARD OF BID
           Award shall be made to the highest and best bidder for the particular use the County
           deems to be the highest and best. Award is subject to final approval by the Sarasota
           County Commission, and the Commission reserves the right to reject any and all bids.


   6.      DUE DILIGENCE
           County reserves the right to conduct any necessary due diligence to determine the
           bidder’s ability to comply with the requirements set forth in the attached lease, including
           but not limited to the on-time payment of rent.




Invitation to Bid                                                                        Page 5 of 22
Bid Template Version 5.0 Adopted 06/11/09                                              Bid #09831RC
                              TECHNICAL SPECIFICATIONS




I.     DETAILS ON THE PARCEL


       Sarasota County currently owns an approximately ½ acre of land located at the
       Northeast quadrant of the Palmer Boulevard and Cattlemen Road intersection. The
       land is unimproved except for an existing shell parking area. A map of the site is
       attached for reference as Exhibit “A”.

       The land was purchased for the Cattlemen Road Improvement Project, Phase II
       which included the improvement of the Cattlemen Road and Palmer Boulevard
       intersection. These road improvement projects are not currently within the County’s
       5 year capital improvement program (CIP). Therefore, the County desires to lease
       the land until it is needed for the aforementioned road project.

       Public water is available to the site, however the meter has been removed and the
       line capped off. If you wish to tap into the water line, a new meter will need to be
       set at tenant’s sole cost and expense. The site does NOT currently have sewer
       service available. Sewer lines run nearby, however they do not extend directly to
       the site. Electric and telephone service are both available to the site.

II.    ACCEPTABLE USES

       The parcel may be used for any purpose allowable within the zoning district, subject
       to obtaining the appropriate permits and licenses. The site may NOT be used for the
       storage or handling of hazardous materials or for any purposes which may pose the
       danger of soil or groundwater contamination.

III.   SITE IMPROVEMENTS

       No permanent improvements may be constructed on the site. At the end of the
       lease, the site must be turned over to the County in the same condition it was in at
       the beginning of the lease. The tenant will be responsible for the cost of removing
       any improvements made to the site.

       Acceptable improvements include, but are not limited to, mobile modular office units
       and storage containers.

IV.    LEASE FORM

       A copy of the proposed lease is attached as Exhibit “B”. The County intends that the
       lease executed with the successful bidder be substantially similar in form and content
       to this document.




Invitation to Bid                                                               Page 6 of 22
Bid Template Version 5.0 Adopted 06/11/09                                     Bid #09831RC
                                              BID FORM




The undersigned certifies that they shall commit to a lease of the subject property in accordance with the
General Instructions to Bidders, Terms and Conditions, and Bid Specifications at the Total Bid Price listed
on this Bid Form.


Total Monthly Lease Price $_________ x 12 = TOTAL BID PRICE (Annual Lease Total): $__________

TOTAL BID PRICE (Annual Lease Total) WRITTEN IN WORDS:


_________________________________________________________________________________



Firm Name (if an individual, enter name of intended lessee):

                                                                                        _________

Mailing Address:

County:__________________________________________________________________________

Authorized Signature:                                                 Date:

Printed Name:____________________________________________

Email Address:

Telephone Number: (        )                       Fax Number: (         )                     _____


The following documents, properly completed, must be submitted with the Bid form:

        Assurance of Insurability Form




Invitation to Bid                                                                          Page 7 of 22
Bid Template Version 5.0 Adopted 06/11/09                                                Bid #09831RC
                           ASSURANCE OF INSURABILITY




Any award(s) that may result from this solicitation will be contingent upon the
provision of insurance meeting the requirements specified in the attached document.
Additionally, a waiver of subrogation and naming of Sarasota County as additional
insured are mandatory. Bidders are encouraged to review insurance requirements
with their insurance carrier prior to submittal of a proposal.

By signing this form, you are indicating that you have the ability to comply with the
listed insurance requirements. The absence of this signed form as part of your
submittal may, at the County’s sole discretion, result in your submittal being deemed
non-responsive.

        By signing this form, I hereby certify that:

           1. I am able to provide all insurance required in the solicitation
              within the specified ten-day period;

           2. I am willing and able to add Sarasota County as additional
              insured on my policies; and

           3. I am willing and able to grant a waiver of subrogation to
              Sarasota County


Within ten business days after solicitation award, the selected proposer shall submit
the required insurance certificates. After ten days, if required evidence of insurance
is not received, the County reserves the right to rescind the award.




Printed Name                                Signature                           Date


Title


Firm Name




Invitation to Bid                                                               Page 8 of 22
Bid Template Version 5.0 Adopted 06/11/09                                     Bid #09831RC
                              INSURANCE SPECIFICATIONS




A.     INSURANCE


       LESSEE shall procure and maintain, during the life of this Lease Agreement,
       insurance as listed below. The policies of insurance shall be primary and written on
       forms acceptable to LESSOR and placed with insurance carriers approved and
       licensed by the Insurance Department in the State of Florida and meet a minimum
       financial AM Best Company rating of no less than “A-Excellent”. No changes are to
       be made to these specifications without prior written specific approval by LESSOR’s
       Risk Management Department.

       COMMERCIAL GENERAL LIABILITY: Including but not limited to bodily injury,
       property damage, contractual, products and completed operations, and personal
       injury with limits of not less than $500,000$1,000,000 each occurrence.

       BUSINESS AUTOMOBILE LIABILITY: LESSEE agrees to maintain Business
       Automobile Liability at a limit of liability not less than $500,000 each accident.

       UMBRELLA LIABILITY: With limits of not less than $500,000 each occurrence.



B.     POLICY FORM
           1. All policies required by this contract, with the exception of Professional
              Liability and Workers’ Compensation, or unless specific approval is given by
              COUNTY Risk Management, are to be written on an occurrence basis, shall
              name Sarasota County Government as additional insured as their interest
              may appear under this Contract.          Insurer(s), with the exception of
              Professional Liability and Workers’ Compensation, shall agree to waive all
              rights of subrogation against Sarasota County Government.
           2. Insurance requirements itemized in this contract and required of the LESSEE
              shall be provided on behalf of all sub-Lessees to cover their operations
              performed under this contract. The LESSEE shall be held responsible for any
              modifications, deviations, or omissions in these insurance requirements as
              they apply to sub-Lessees.
           3. Each insurance policy required by this contract shall:
              a. Apply separately to each insured against whom claim is made and suit is
                 brought, except with respect to limits of the insurer’s liability
              b. Not be suspended, voided or canceled by either party except after thirty
                 (30) calendar days prior written notice by certified mail, return receipt
                 requested, has been given to COUNTY Risk Management.
           4. The COUNTY of Sarasota shall retain the right to review, at any time,
              coverage, form, and amount of insurance.
           5. The procuring of required policies of insurance shall not be construed to limit
              LESSEE’S liability nor to fulfill the indemnification provisions and requirements
              of this contract.


Invitation to Bid                                                                  Page 9 of 22
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                              INSURANCE SPECIFICATIONS




           6. The LESSEE shall be solely responsible for payment of all premiums for
              insurance contributing to the satisfaction of this contract and shall be solely
              responsible for the payment of all deductibles and retentions to which such
              policies are subject.
           7. Claims Made Policies will be accepted for Professional Liability, Workers’
              Compensation and Hazardous Materials, and such other risks as are
              authorized by COUNTY Risk Management.                 All Claims Made Policies
              contributing to the satisfaction of the insurance requirements herein shall
              have an extended reporting period option or automatic coverage of not less
              than two years. If provided as an option, the LESSEE agrees to purchase the
              extended reporting period on cancellation or termination unless a new policy
              is affected with a retroactive date, including at least the last policy year.
           8. Certificates of Insurance evidencing Claims Made or Occurrence Form
              Coverage and conditions to this Contract are to be furnished to Sarasota
                                                                       rd
              County Risk Management (1660 Ringling Boulevard, 3 Floor, Sarasota, FL
              34236) prior to commencement of work AND a minimum of thirty (30)
              calendar days prior to expiration of the insurance contract, when applicable.
              All insurance certificates shall be received by COUNTY Risk Management
              before the LESSEE will be allowed to commence or continue work.
           9. Notices of Accidents (occurrences) and Notices of Claims associated with work
              being performed under this Contract, shall be provided to the LESSEE’S/ SUB-
              LESSEE’S/CONSULTANT’S insurance company and COUNTY Risk Management
              as soon as practicable after notice to the insured.


C.     INDEMNIFICATION

           1. The LESSEE shall pay on behalf of or indemnify and hold harmless the
              Sarasota County Government from and against any and all claims, actions,
              damages, fees, fines, penalties, defense costs, suits or liabilities which may
              arise out of any act, neglect, error, omission or default of the LESSEE arising
              out of or in any way connected with the LESSEE’S performance or failure to
              perform under the terms of this contract (this section of the contract will
              extend beyond the term of the contract).


D.     CERTIFICATES OF INSURANCE REQUIREMENTS
       For those applicable Contracts/Agreements where insurance coverage is required,
       the Certificate of Insurance should include the following:


           1. In the “Description of Operations/Special Provisions” section:
              Sarasota County Government is named as an additional insured, as their
              interests may appear on all policies except Professional Liability and Workers’
              Compensation.     Waiver of subrogation in favor of Sarasota County
              Government on all policies except Professional Liability and Workers
              Compensation.



Invitation to Bid                                                              Page 10 of 22
Bid Template Version 5.0 Adopted 06/11/09                                      Bid #09831RC
                              INSURANCE SPECIFICATIONS




           2. In the “Certificate Holder” section:

                  Sarasota County Government
                  Attn: Risk Management
                  1660 Ringling Blvd., 3RD floor
                  Sarasota, FL 34236




Invitation to Bid                                        Page 11 of 22
Bid Template Version 5.0 Adopted 06/11/09                Bid #09831RC
                                  LEASE AGREEMENT

THIS LEASE, made and entered into this _____ day of _______________ 2009, by and between
SARASOTA COUNTY, a political subdivision of the State of Florida, hereinafter referred to as
LESSOR and ___________________________________, a ___________________________,
hereinafter referred to as LESSEE.



                                      WITNESSETH:
WHEREAS, LESSOR and LESSEE are mutually interested in leasing said Premises according
to the terms and conditions of this Lease Agreement.

NOW, THEREFORE, in consideration of the premises and mutual covenants and conditions
herein contained, the parties agree here to as follows:

1.     RECITALS: The above recitals are true and correct and by this reference are
       incorporated herein.

2.     LEASED AREA: Subject to the terms and conditions of this Lease Agreement, the
       LESSOR hereby leases and lets unto the LESSEE, and the LESSEE hereby agrees to
       lease from the LESSOR the real property described in Exhibit “A”, attached hereto and
       made a part hereof (the “Premises”).

3.     LEASE TERM:             The term of this Lease Agreement shall commence on
       ___________________________________                      and           end              on
       ______________________________ unless terminated by either party providing notice
       to the other party as provided in Section 12, below (the “Term”). At the expiration of the
       term, this Lease may be renewed by mutual agreement of the parties.

4.     RENTAL AMOUNT:                LESSEE shall pay to LESSOR the sum of
       _________________($_______.00) per month as rent during the Term of this Lease
       Agreement, subject to increase as specified in section 5, below (the “Fixed Rent”). All
       rent payments shall be payable to Sarasota County Government at Facilities Services,
       Lease Administration, 1660 Ringling Blvd, 5th Floor, Sarasota, FL 34236. The Fixed
       Rent shall be payable by LESSEE monthly in advance, on the first day of each month,
       without demand. LESSEE shall make all payments required under this Lease Agreement
       by personal or business check, money order, or cashier’s check. LESSOR does not
       accept cash. Payment is not considered made until the instrument is collected.

5.     RENT ADUSTMENT: Commencing with the first annual anniversary of the execution
       of this Lease Agreement, and each annual anniversary thereafter, Fixed Rent shall
       automatically increase by four percent (4%) above the previous year’s rental amount.

Invitation to Bid                                                                Page 12 of 22
Bid Template Version 5.0 Adopted 06/11/09                                        Bid #09831RC
6.     LATE CHARGES AND BAD CHECKS: LESSEE acknowledges that if rent is not
       paid on time, LESSOR will incur costs, the exact dollar amount of which is difficult or
       impracticable to determine. Such costs may include, among other things, lost use of
       funds, bank or other charges, costs incurred in connection with accounting for and
       attempting to collect late payments; collection agency expenses; and other administrative
       and accounting costs. As a result, any rent payment not received by the fifth (5th) of the
       month will incur late fees in the amount of $45.00 plus $5.00 per day thereafter until
       paid. Said late fees are considered additional rent. If LESSEE makes a rent payment
       with a worthless check, LESSOR can require LESSEE to make all future payments by
       money order, cashier’s check or official bank check and to pay bad check fees as
       additional rent in the amount of the greater of $40.00 or twelve percent (12%) of the
       check amount.

7.     DEPOSIT:

       a.     LESSEE has placed the sum of [one month’s rent] (hereinafter referred to as the
              “Deposit”) with LESSOR. LESSOR shall hold the Deposit in a non-interest
              bearing account in a Florida banking institution for the benefit of LESSEE as
              security for faithful performance by LESSEE of all terms, covenants and
              conditions of this Lease Agreement and as a contingency against damage to the
              Premises.

       b.     LESSEE shall not be entitled to apply any part of the Deposit against rent or any
              other obligations during the time LESSOR occupies the Premises.

       c.     Upon termination of this Lease by either party hereto and vacation of the
              Premises by LESSEE, LESSOR reserves the right to apply the Deposit according
              to the procedures detailed in §83.49(3), Florida Statutes towards any monies
              owned to LESSOR by LESSEE under the terms of this Lease and applicable law,
              physical damage to the Premises, and costs and attorney’s fees associated with
              LESSEE’s failure to fulfill the terms of this Lease. Should any balance of the
              Deposit remain, LESSOR shall to disburse the balance to LESSEE. Should the
              Deposit not cover all amounts due LESSOR, then LESSOR may bill LESSEE for
              any additional charges and LESSEE shall promptly reimburse LESSOR for same.

       d.     LESSEE acknowledges receipt of the below restatement of the provisions of §
              83.49(3), Florida Statutes, which provides as follows:


       (a) Upon the vacating of the premises for termination of the lease, if the landlord
       does not intend to impose a claim on the security deposit, the landlord shall have
       15 days to return the security deposit together with interest if otherwise required,
       or the landlord shall have 30 days to give the tenant written notice by certified
       mail to the tenant's last known mailing address of his or her intention to impose a


Invitation to Bid                                                                 Page 13 of 22
Bid Template Version 5.0 Adopted 06/11/09                                         Bid #09831RC
       claim on the deposit and the reason for imposing the claim. The notice shall
       contain a statement in substantially the following form:

       “This is a notice of my intention to impose a claim for damages in the amount of
       _____ upon your security deposit, due to _____. It is sent to you as required by s.
       83.49(3), Florida Statutes. You are hereby notified that you must object in writing
       to this deduction from your security deposit within 15 days from the time you
       receive this notice or I will be authorized to deduct my claim from your security
       deposit. Your objection must be sent to (landlord's address) .”

       If the landlord fails to give the required notice within the 30-day period, he or she
       forfeits the right to impose a claim upon the security deposit.

       (b) Unless the tenant objects to the imposition of the landlord's claim or the
       amount thereof within 15 days after receipt of the landlord's notice of intention to
       impose a claim, the landlord may then deduct the amount of his or her claim and
       shall remit the balance of the deposit to the tenant within 30 days after the date of
       the notice of intention to impose a claim for damages.

       (c) If either party institutes an action in a court of competent jurisdiction to
       adjudicate the party's right to the security deposit, the prevailing party is entitled
       to receive his or her court costs plus a reasonable fee for his or her attorney. The
       court shall advance the cause on the calendar.

       (d) Compliance with this section by an individual or business entity authorized to
       conduct business in this state, including Florida-licensed real estate brokers and
       sales associates, shall constitute compliance with all other relevant Florida
       Statutes pertaining to security deposits held pursuant to a rental agreement or
       other landlord-tenant relationship. Enforcement personnel shall look solely to this
       section to determine compliance. This section prevails over any conflicting
       provisions in chapter 475 and in other sections of the Florida Statutes, and shall
       operate to permit licensed real estate brokers to disburse security deposits and
       deposit money without having to comply with the notice and settlement
       procedures contained in s. 475.25(1)(d).


8.     USE OF PREMISES: The Premises are publicly owned property and leased to
       LESSEE for the sole purpose of __________________________________ and no other
       purpose.

       a.     The LESSEE shall not voluntarily, involuntarily or by operation of law, assign or
              in any manner or otherwise encumber this Lease Agreement, or sublet the
              Premises or any part thereof, or permit the use of the same by anyone other than
              LESSEE.

Invitation to Bid                                                                   Page 14 of 22
Bid Template Version 5.0 Adopted 06/11/09                                           Bid #09831RC
       b.     The LESSEE acknowledges that it is liable and responsible for the performance of
              all LESSEE’S obligations under this Lease Agreement.

       c.     The LESSEE shall abide by all reasonable directions and requirements of the
              LESSOR and shall keep and abide by all laws, ordinances, rules and regulations
              of all government bodies and their respective regulatory agencies having any
              jurisdiction over the Premises. The LESSEE further agrees that it will not use said
              Premises, or permit the same to be used, for any unlawful, immoral, obnoxious or
              offensive business or practice. No smoking will be allowed in the building.

9.     ACCESS TO PREMISES: The LESSEE shall allow the LESSOR or the LESSOR’S
       agents access to the Premises, upon reasonable prior notice to the LESSEE (except in the
       case of emergency, in which event no prior notice shall be required), to inspect the
       Premises or any fixtures, equipment, property or appurtenances therein or thereto, or to
       make repairs, alteration or improvements as the LESSOR deems fit, or to exhibit the
       same to or allow inspection of the same by insurance carriers and representatives, fire and
       building department inspectors.

10.    DESTRUCTION OF PREMISES: In the event that the Premises should be totally
       destroyed by fire, or other cause, the Lease Agreement shall be terminated. In the event
       the destruction is attributable to the acts or omissions of LESSEE, LESSOR retains all
       rights for indemnification and payment of damages by LESSEE. In the event that the
       Premises should be partially damaged by fire, or other cause, but only to such an extent
       that it can be rebuilt or repaired within sixty (60) days after the date of such destruction,
       the Lease Agreement shall be void or voidable, but not terminated except as otherwise
       provided in this Lease Agreement. If the LESSOR intends to rebuild or repair the
       Premises, LESSOR shall within thirty (30) days after the date of such damage give
       written notice to LESSEE of the intention to rebuild or repair and shall proceed with
       reasonable diligence to restore the building to substantially the same condition in which it
       was immediately prior to the destruction. However, LESSOR shall not be required to
       rebuild, repair or replace any improvements or alterations made by LESSEE within the
       building.

11.    IMPROVEMENTS TO PREMISES: The LESSEE is not permitted to make any
       improvements to the Premises without the written permission of LESSOR.

12.    RESPONSIBILITIY OF LESSOR: It is the intent of the parties hereto that the entire
       responsibility for the maintenance and repair of the Premises shall rest with the LESSEE
       thereof, and that the Premises shall be carefree from the standpoint of the LESSOR.




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13.    RESPONSIBILITIES OF THE LESSEE: By taking possession of the Premises leased
       under this Lease Agreement, LESSEE accepts the Premises in “as is” condition. LESSOR
       has made no representations respecting the conditions of the Premises to LESSEE except
       as specifically stated in this Lease Agreement. LESSEE waives all rights to make repairs
       at the expense of the LESSOR as provided in any law, statute or ordinance now or
       subsequently in effect. By way of example, and without limiting the generality of the
       foregoing, the LESSEE, at its sole expense, shall be responsible for providing all of the
       following in the leased Premises:

       a.     All maintenance and repairs required to keep the Premises in a clean, healthy and
              tenantable condition and in good and substantial repair, including but not limited
              to structural, plumbing, heating and cooling systems, utility lines, electrical, wires
              and equipment supplied to the Premises, and any expenses necessary to comply
              with all applicable laws, rules and regulations.

       b.     Maintenance, repair and replacement of exterior grounds and landscaping,
              driveway, pavement, and walkways. LESSEE shall not allow the grass, weeds,
              and brush to become overgrown.

       c.     All utility charges for water, sewage, electricity, lighting, gas, telephone, cable
              TV, and trash collection.

       d.     Upon termination of Lease Agreement, LESSEE shall vacate the Premises and
              remove all improvements made to the Premises by LESSEE, trash and debris and
              leave Premises in broom swept condition.

14.    LEASE TERMINATION:

       a.     The LESSOR reserves the right at any time to terminate, cancel or rescind this
              Lease Agreement upon a determination by the LESSOR’S Administrative Agent
              that the Premises are needed for any County, public, or any other purpose. In that
              event, the LESSEE shall be given one hundred eighty (180) days prior written
              notice of such determination by the LESSOR’S Administrative Agent, after which
              the LESSOR may re-enter and repossess the Premises without any liability
              whatsoever under this Lease Agreement, and the LESSEE shall not be entitled to
              any compensation or be entitled to make any claim to bring any action against the
              LESSOR because of or on account of the cancellation of this Lease Agreement.

       b.     Provided the LESSEE is not in default under the terms of this Lease Agreement,
              if LESSEE desires to terminate this Lease Agreement it may do so by giving
              LESSOR’S Administrative Agent written notice of such intent not less than
              ninety (90) days prior to the termination date. In the event of a termination of this
              Lease Agreement by LESSEE, then LESSEE shall not remove any of its goods or
              property from the Premises other than in the normal course of its business,
              without first having paid all rentals and other charged due or assessed against it.
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       c.       LESSEE acknowledges that if personal property is left on the Premises after
                termination of this Lease Agreement, LESSOR may determine that such property
                has been abandoned and may take steps to remove or dispose of the property
                consistent with applicable laws. BY SIGNING THIS RENTAL AGREEMENT,
                LESSEE AGREES THAT UPON SURRENDER, ABANDONMENT OR
                RECOVERY OF POSSESSION OF THE PREMISES, AS DEFINED BY
                FLORIDA STATUTES, LESSOR SHALL NOT BE LIABLE OR
                RESPONSIBLE FOR STORAGE OR DISPOSITION OF LESSEE’S
                PERSONAL PROPERTY.


15.    NONLIABILITY OF LESSOR FOR DAMAGES, INDEMNITY: LESSOR shall not
       be liable for liability or damage claims for injury to persons or property from any cause
       relating to the occupancy of the Premises by LESSEE, including those arising out of
       damages or losses occurring on sidewalks and other areas adjacent to the leased Premises.
       LESSEE shall indemnify LESSOR from all liability, loss, or damage claims or
       obligations resulting from any injuries or losses of this nature. LESSEE waives any
       claim against LESSOR for damages relating to its occupancy of the Premises from any
       cause whatsoever, including, but not limited to, burglary, theft, or damage by water.

16.    INSURANCE, PROPERTY LOSS AND DAMAGE:

       LESSEE shall procure and maintain, during the life of this Lease Agreement, insurance as listed below.
       The policies of insurance shall be primary and written on forms acceptable to LESSOR and placed with
       insurance carriers approved and licensed by the Insurance Department in the State of Florida and meet a
       minimum financial AM Best Company rating of no less than “A-Excellent”. No changes are to be made to
       these specifications without prior written specific approval by LESSOR’s Risk Management Department.

       COMMERCIAL GENERAL LIABILITY: Including but not limited to bodily injury, property damage,
       contractual, products and completed operations, and personal injury with limits of not less than
       $500,000$1,000,000 each occurrence.

       BUSINESS AUTOMOBILE LIABILITY: LESSEE agrees to maintain Business Automobile Liability at
       a limit of liability not less than $500,000 each accident.

       UMBRELLA LIABILITY: With limits of not less than $500,000 each occurrence.

        
       POLICY FORM: All policies required by this contract are to be written on an occurrence basis and shall
       name LESSOR as additional insured as their interest may appear under this Contract. Insurer(s) shall agree
       to waive all rights of subrogation against LESSOR.

       Each insurance policy required by this contract shall:

       a.       Apply separately to each insured against whom claim is made and suit is brought, except with
                respect to limits of the insurer’s liability

       b.       Not be suspended, voided or canceled by either party except after thirty (30) calendar days prior

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                written notice by certified mail, return receipt requested, has been given to LESSOR’s Risk
                Management Department.

       LESSOR shall retain the right to review, at any time, coverage, form, and amount of insurance.

       The procuring of required policies of insurance shall not be construed to limit LESSEE’s liability nor to
       fulfill the indemnification provisions and requirements of this Lease Agreement.

       The LESSEE shall be solely responsible for payment of all premiums for insurance contributing to the
       satisfaction of this Lease Agreement and shall be solely responsible for the payment of all deductibles and
       retentions to which such policies are subject.

       Certificates of Insurance evidencing Coverage and conditions to this Contract are to be furnished to
       Sarasota County Risk Management (1660 Ringling Boulevard, 3rd Floor, Sarasota, FL 34236).

       Notices of Accidents (occurrences) and Notices of Claims associated with this Contract shall be provided to
       the LESSEE’s insurance company and LESSOR’s Risk Management Department as soon as practicable
       after notice to the insured.

17.    QUIET ENJOYMENT: LESSOR covenants that so long a LESSEE performs its
       obligations hereunder; LESSEE shall have the right to quietly enjoy and use the Premises
       for the term of this Lease Agreement, subject only to the provisions hereof, governmental
       regulations and restrictions, and easements of record.

18.    RADON GAS: Pursuant to §404.056 (8), Florida Statutes, LESSOR is required to give
       LESSEE the following disclosure:

       a.       “RADON GAS: Radon is a naturally occurring radioactive gas, 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 in Florida. Additional information
                regarding Radon and Radon testing may be obtained from your County Public
                Health Unit.”

19.    HAZARDOUS MATERIALS PROHIBITED: To the best of LESSOR’S
       knowledge, as of the commencement date of this Lease Agreement, no hazardous
       materials or condition exist at the Premises. Except as otherwise provided herein,
       LESSEE, its agents, guests and invitees shall not use, handle, store, display or generate
       hazardous materials (materials that are ignitable, corrosive, toxic or reactive) in or on the
       Premises. For the purposes of this Lease Agreement, the term “hazardous materials”
       shall mean those substances defined as “hazardous substances”, “hazardous materials”,
       “hazardous wastes”, or “toxic substances” in the Comprehensive Environmental
       Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et
       seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource
       Conservation and Recovery Act, 42 U.S.C. § 6901, et seq.; and in the regulations adopted
       and promulgated pursuant thereto and in the applicable laws, regulations and ordinances
       enacted by the State of Florida and Sarasota County.


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20.    TAXES AND ASSESSMENTS:                It is LESSOR’s understanding that under current
       laws so long as this Lease Agreement is in effect (including renewals) the Premises will
       be exempt from ad valorem taxation; however, the Premises will be subject to non-ad
       valorem assessments, including but not limited to those levied by the Sarasota County
       Fire District and Stormwater Utility (the “Assessments”). LESSEE shall pay to LESSOR
       an amount equivalent to Assessments which would be levied if the Premises were
       privately owned. Notwithstanding the foregoing, should the Premises or any interest
       therein ever become subject to any such taxes, LESSEE agrees to pay any and all such
       lawful taxes, assessments or charges which at any time may be levied by any federal,
       state, county, city, or any tax or assessment levying body upon the Premises, or any
       interest in this Lease Agreement, or any possessory right which LESSEE may have in or
       to the Premises thereon by reason of its use or occupancy thereof or otherwise, and
       LESSEE shall pay the taxes and Assessments within thirty (30) days of the date LESSOR
       furnishes to LESSEE the invoice for same.

21.    DEFAULT BY LESSEE: LESSEE shall be deemed in default and in breach of this
       Lease Agreement if LESSEE shall fail to duly keep, perform and observe any covenant,
       condition or agreement in this Lease Agreement and such default shall have continued for
       a period of ten (10) days after receipt of written notice to LESSEE from LESSOR.

       a.     REMEDIES OF LESSOR. Upon the occurrence of any event of default as set
              forth above which has not been cured, LESSOR may terminate this Lease
              Agreement by written notice to LESSEE and immediately enter upon and retake
              possession of the Premises and may remove all persons and property from the
              Premises.

       b.     NO WAIVERS. No waiver by either party hereto at any time of any of the terms,
              conditions, covenants or agreements of this Lease Agreement, or noncompliance
              therewith, shall be deemed or taken as a waiver at any time thereafter of the same,
              nor of any other term, condition, covenant or agreement herein contained, nor of
              the strict and prompt performance thereof by the other party hereto. No delay,
              failure or omission of LESSOR to reenter the Premises, nor by either party hereto
              to exercise any right, power, privilege or option arising from any default shall be a
              waiver of any such default, relinquishment thereof or acquiescence therein, and
              no notice by either party hereto shall be required to restore or revive time as being
              of the essence hereof after waiver by LESSOR of default in one or more
              instances. No option, right, power, remedy or privilege of LESSOR shall be
              construed as being exhausted or discharged by the exercise thereof in one or more
              instances. It is agreed that each and all of the rights, powers, options or remedies
              given to each party by this Lease Agreement are cumulative, and no one of them
              shall be exclusive of the other or exclusive of any remedies provided by law.

22.    DEFINITION OF TERMS, SAVING CLAUSE AND MISCELLANEOUS:



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       a.     The words “LESSOR” and “LESSEE” shall include the heirs, personal
              representatives, successors and assigns of said parties, and this Lease Agreement
              shall be binding upon and inure to the benefit of all such persons. In the event
              title to the Premises is transferred during the initial or any renewal terms of this
              Lease Agreement, the LESSOR’S successor shall be bound by the terms hereof,
              including the LESSEE’S right to enter into renewal terms in accordance herewith.
              This Lease Agreement is made under and shall be construed in accordance with
              the laws of the State of Florida. Nothing contained herein shall be deemed or
              construed as creating the relationship of principal and agent, or of partnership or
              joint venture, between the parties, it being understood and agreed that neither the
              method of computation of rent, or any other provisions contained herein, or any
              acts of the parties shall be deemed to create any relationship between them other
              than that of the LESSOR and the LESSEE.

       b.     For any judicial proceeding brought concerning this Lease Agreement, venue
              shall be solely in Sarasota County, Florida.

       c.     If any provision of this Lease Agreement shall be invalid or unenforceable to any
              extent, the remainder of this Lease Agreement, or the application thereof to
              situations other than that as to which it is invalid or unenforceable, is severable
              and shall not be affected thereby. The descriptive titles appearing in each
              respective paragraph thereof are for convenience only and are not a part of this
              Lease Agreement and do not affect its construction.

23.    COMPLIANCE WITH LAW: LESSEE shall, at its sole cost and expense, comply with
       all laws pertaining to LESSEE’S use of the Premises, and shall faithfully observe all laws
       in the use of the Premises. The judgment of any court of competent jurisdiction, or the
       admission of LESSEE in any action or proceeding against LESSEE, whether the
       LESSOR is a party to it or not, that LESSEE has violated any law in the use of the
       Premises shall be conclusive of that fact as between LESSOR and LESSEE. Without
       limiting the generality of the foregoing, the duties of LESSEE under this provision shall
       include the making of all such alterations of the Premises as may be required by law by
       reason of the particular manner or mode of use of the Premises by LESSEE, or
       occasioned by reason of the failure of LESSEE to maintain or repair the Premises as
       required under this Lease Agreement.

24.    LESSOR’S ADMINISTRATIVE AGENT: The LESSOR’S Administrative Agent is
       designated to act on behalf of the LESSOR and to administer the terms and conditions of
       this Lease Agreement. If necessary, a specific Administrator may be authorized to
       perform the duties and responsibilities of the Administrative Agent. The Administrative
       Agent is Jeremiah Greer, Facilities Services, Lease Administration.




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25.    NOTICES: Except as otherwise provided herein, all notices, invoices, reports, or any
       other type of documentation required by this Lease Agreement shall be made in writing
       and shall be deemed given and served when deposited in the United States mail, postage
       paid, to the addresses listed below. Either party may change its address or representative
       by giving written notice of such change.

       a.     As to the LESSEE: _________________________________

       b.     As to the LESSOR: County’s Administrative Agent: Jeremiah Greer, Facilities
              Lease Administration, 1660 Ringling Boulevard, 5th Floor, Sarasota, Fl 34236.

       c.     Copy to: Office of the County Attorney, 1660 Ringling Boulevard, 2nd Floor,
              Sarasota, Florida 34236


26.    AGREEMENT ALL-INCLUSIVE: This Lease Agreement contains and embodies all
       the representations, covenants and promises made by the parties hereto, and no
       modifications or Amendments hereof shall be valid unless in writing and executed by the
       parties hereto.




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IN WITNESS WHEREOF, the LESSOR and LESSEE have caused this Lease Agreement to be
executed by their respective undersigned officer and officials on the dates set forth below, effective as of
the date and year first above written.
 WITNESSES


                                                        LESSEE
                                                        NAME
     ____________________________________
                                                          BY: ________________________________
                                                                    Name printed here

 ___________________________________ 
                                                        Title:_________________________________




                         SEAL

  
 ____________________________________
                                                        SARASOTA COUNTY
                                                        By its BOARD OF COUNTY
                                                        COMMISSIONERS OF SARASOTA COUNTY,
 ____________________________________                   FLORIDA

                                                        By: _________________________________
                                                                           Chair

                                                        “LESSOR” 
 ATTEST:
 KAREN E. RUSHING, Clerk of the Circuit Court
 and Ex-Officio Clerk of the Board of
 County Commissioners
 BY:_________________________________
                Deputy Clerk
 Approved as to form and correctness:
 BY:_________________________________
              County Attorney




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Bid Template Version 5.0 Adopted 06/11/09                                                 Bid #09831RC

				
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