Loading...
Item C15County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting April 12, 2017 Agenda Item Number: C.15 Agenda Item Summary #2835 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292 -4549 None AGENDA ITEM WORDING: Approval to enter into a one -year residential renewal Lease Agreement commencing June 1, 2017, with a County Employee for Location F. The term of the agreement is June 01, 2017, through May 31, 2018. The monthly rental amount is $550.00. ITEM BACKGROUND: This County employee has been leasing this Location F since June 01, 2011. PREVIOUS RELEVANT BOCC ACTION: At the March 18, 2011, BOCC meeting, the BOCC approved a Policy for Use of Residential Housing on County -Owned Property. At the May 18, 2011, May 16, 2012, May 15, 2013, May 21, 2014, May 20, 2015 and May 18, 2016 meetings, the BOCC approved a one (1) year residential Lease Agreement with this same County Employee for Location F. CONTRACT /AGREEMENT CHANGES: Renewalof the Lease Agreement for a one (1) year term STAFF RECOMMENDATION: Approval DOCUMENTATION: COI Oliver 2016 to 2017 041217 — Oliver _ Lease (legal stamped) Partial Exec 041217_ Memo_Troy Oliver 041217 Troy Oliver Updated Application FINANCIAL IMPACT: Effective Date: June 01, 2017 Expiration Date: May 31, 2018 Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: Yes Source of Funds: Rent CPI: No Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes If yes, amount: $550.00 month Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: This County employee has been leasing this Location F since June 01, 2011. Revenue REVIEWED BY: Doug Sposito Completed 03/28/2017 4:01 PM Patricia Eables Completed 03/28/2017 4:44 PM Budget and Finance Completed 03/28/2017 4:51 PM Maria Slavik Completed 03/28/2017 4:54 PM Kathy Peters Completed 03/28/2017 8:23 PM Board of County Commissioners Pending 04/12/2017 9:00 AM Named Insured and Address Aaent Name and Address TROY OLIVER The Insurance Connection or south P.O.BOX 371807 Florida, Inc Key Largo, FL 33037 99353 Overseas Highway (305) 797 -1014 Suite 1 Premium Summary Ke La o FL 33037 Basic Coverages Attached Endorsements o I Policy Premium Premium Premium Assessments I Surcharges MGA Fees/Policy Fees (Including Assessments & Surcharges} $100.00 $0.00 $0.00 $27.00 $127.00 Location 001 Townhouse/ Number of Protection Form Construction Year Rowhouse Families Occupied Class Territory BCEG H04 Masonry 1982 N 1 Y 5 005 99 Dwelling Protective Device Credits: Wind 1 Hail County Replacement Cost Home Updated Burglar Fire Sprinkler Shutter Exclusion Monroe NIA Y None None N N Y We will provide the insurance described to this policy in return for the remiu premium compliance g ce with all applicable provision s of this policy. If we elect to continue this insurance, we will renew this policy if you a the required renewal premium for each successive policy period subject to our premiums, rules and forms then in effect. You must pay us prior to the end of the current policy period or else this policy will expire. Insurance is provided only with respect to the following coverages for which a limit of liability is specified, subject to all the conditions of this policy. COVERAGES - S I LIMITS PREM IUMS COVER SEC TION II _ . LIMITS PREMIUMS ... ..,: C overage -A D _ $0 �_. .. Coverage E Personal Liability . w_ W ..m _ $100.000 $0,00 �._ _ _ B Coverage --Other Structure $D Coverage a -FF - Medical Payments $1,000 $0 00 S4 � .. Cov erage - C- Pers Property $20 $100.00 Coverage D- Loss of Use $4,000 .._ NOTE: The portion of your premium for hurricane coverage is: $0:.00 The portion of your premium for all other coverages is: $127.00 Section 1 coverages subject to a minimum Wind Excluded hurricane deductible per calendar year. Section 1 coverages subject to $1,000 non - hurricane deductible per loss. DESCRIBED LOCATION - The Described Location covered by this policy is at the above address unless otherwise stated: 382 Caribbean Dr #2 Key Largo, FL 33037 ._...... . _.._..... ... Flood coverage is not provided by Universal Property and Casualty Insurance Company and Is not part of this policy. Countersignature Date Chief becutive Officer r i � :. rLc�!iL�r • UPCIC HO Dec 02 12 Printed Date; 7/15/2016 11:18:26 AM 1 oF2 Universal Property and Casualty Insuranc ompany c/o Universal Risk Advisors 1110 W. Commercial Blvd Suite 300 Fort Lauderdale, FL 33309 Toll Free: 800 -425 -9113 Declaration Effective 07/15/2016 Renewal Policy Claims: 800- 218 -3206 Service: Contact your Agent Listed Below Polic Number I FROM Policy Period ' TO INSURED BILLED Agent Code 1502 -1100 -9917 1 07/15/2016 07815/2017 12:01 AM Standard Time 9530 Mortgagee 1 Additional Interest 01 Agent Name and Address The Insurance Connection of South Florida, Inc 99353 Overseas Highway Suite 1 Key Largo, FL 33037 (305) 451 -1467 Additional Interest Mortgagee /Additional Interest 01 Mortgagee /Additional interest 02 Mortgagee/Additional Interest 03 Policy Forms and Endorsements Applicable to this Policy NUMBER EDITION DESCRIPTION LIMITS PREMIUMS HO 00 04 04 91 Homeowners 4 Contents Broad Form $10000 UPCIC 04 33 07 08 Limited Fungi, Wet or Dry Rot, or Bacteria Section 1- $10 Section II - $50 UPCIC 3 0198 Outline of Your Homeowner Policy UPCIC 23 01 16 Special Provisions - Florida UPCIC 16 01 98 Loss Assessment Coverage $1,000 UPCIC 14 01 98 Amendment of Loss Settlement Condition - Florida HO 04 96 04 91 No Coverage for Home Day Care Business HO 04 94 06 97 (06.07) Exclusion for Windstorm Coverage UPCIC 00 07 (02 -12) Sinkhole Loss Coverage - Florida UPCIC 10 0198 (06 -07) Existing Damage Exclusion MGA Fee $25.00 Emergency Management Preparedness Assistance Trust Fund $2.00 LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. YOU MAY ALSO NEED TO CONSIDER THE PURCHASE OF FLOOD INSURANCE FROM THE NATIONAL FLOOD INSURANCE PROGRAM. WITHOUT THIS COVERAGE, YOU MAY HAVE UNCOVERED LOSSES. PLEASE DISCUSS THESE COVERAGES WITH YOUR INSURANCE AGENT. This replaces all previously Issued policy declarations, it any and is subject to all forms and endorsements attached to this pollcy;. UPCIC HO Dec 02 12 Printed Dale: 7/1512016 11 E18,26 AM 201`2 COUNTY -OWNED PROPERTY RESIDENTIAL LEASE (EMPLOYEE) This Agreement is made and entered into on this day of _ , 2017, by the parties, MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, ( "County" or "Lessor "), and TROY D. OLIVER, a single person, and Monroe County Employee, ( "Lessee "). WITNESSETH: WHEREAS, the County owns a residential duplex premises ( "Premises ") located at 382 Caribbean Drive, Key Largo, Monroe County, Florida 33037, and WHEREAS, the County has decided that at the present time it is in the County's best interest to enter into a lease with the Lessee upon the terms and conditions as contained herein; and WHEREAS, the Lessee is desirous of leasing the Premises from County on the terms and conditions as contained herein; Now, therefore, the parties agree as follows: .... _.... ... .. 1. PROPERTY County leases to the Lessee the Premises located at Unit B of the Duplex facility located 382 Caribbean Drive, Key Largo, (previously the Mar property) and more particularly described a4 Unit B, Lots 326 and 327, Port Largo 0 1 Addition, Key Largo, Monroe County, Florida 33037 (RE #00453474- 000326). 2. TERM. The term of this agreement is for one (l) year commencing on June 1, 2017, and running through May 31, 2018. There is no automatic renewal of this Agreement. The Lessee shall have the option to renew the Lease as long as the terms of the Lease are met. In the event that the Lessee does not vacate the Premises and surrender them to the County upon termination of this Agreement, Lessee will be liable for rent at a rate of Twenty and 00 /100 Dollars ($20.00) per square foot per month prorated for the time he/she continues to occupy the property, as well as County's expenses and reasonable attorney fees in obtaining possession of the property. 3. USE. The Premises shall be used solely for the purpose of residential premises. If the Premises are used for any other purpose, the County shall have the option of immediately terminating this Agreement. The Lessee shall not permit any use of the Premises in any manner that would obstruct or interfere with any County function or duties. The Lessee will further use and occupy said Premises in a careful and proper manner, and not commit any waste thereon. The Lessee shall not cause, or allowed to be caused, any nuisance or objectionable activity of any nature on the Premises. The Lessee will not use or occupy said Premises for any unlawful purpose and will, at the Lessee's sole cost and expense, conform to and obey any present or future ordinances and/or rules, regulations, requirements and orders of governmental authorities or agencies respecting the use and occupation of said Premises. Lessee covenants and agrees that he or she will, during the term of the Lease, keep the Premises in a good state of repair and in the current condition, and that upon the expiration of the Lease he or she will return the Premises to the same good state of repair as when he or she moved into the Premises. County-Owned Property Residential Lease - 1- (Employee) The Lessee agrees that only his or her immediate family or an approved roommate shall occupy the Premises. The Lessee agrees to clean the Premises at the end of the lease term and to return it to the same condition that it was in when the Lessee accepted the Premises. The Lessee agrees to pay any fees that the County incurs to clean the Premises, if necessary, after the Lessee vacates the Premises. 4. RENT AND SECURITY DEPOSI'T'. For the use of the Premises, the Lessee shall pay the County the current rent of FIVE HUNDRED FIFTY AND N01100 Dollars ($550.00) per month, said payment due on the first day of the month. The Lessee shall pay a security deposit in the amount equal to one (1) month's rent to the County prior to occupancy. The monthly payment shall be remitted to the Monroe County Clerk of Courts, Finance Department, 500 Whitehead Street, Key West, FL 33040. 5. UTILITIES The Lessee shall pay for the utilities including water, sewerlseptic, electricity, and solid waste collection. The cost of connections for the above described utilities shall be at the expense of the County. The Lessee shall arrange for and provide residential electric service, telephone service, and cable television service, at his or her own expense. The cost of connections for residential telephone service and cable television service shall be paid for by the Lessee. 6. Upon the payment by Lessee of the rents provided, and upon the observation and performance of all the covenants, terms, and conditions on Lessee's part to be observed and performed, Lessee shall peacefully and quietly hold and enjoy the subject premises for the term hereby demised without hindrance or interruption by Lessor or any other person or persons lawfully or equitably claiming by, through, or under Lessor, subject, nevertheless, to the terms of the Lease. 7. ASSIGNMENT AND SUBLETTING This Lease may not be sold, transferred, or assigned in full or part without the written permission of Lessor, Any purported assignment without such prior written consent shall be null and void. Lessee shall not have the right to sublet this Lease or any portion of this Lease or property. S. DEFAULTS In the event that Lessee fails, within thirty (30) days after notice, to cure any default of any obligations owed by Lessee to Lessor under this Lease Agreement then, in that event, Lessor shall have the right to terminate this Lease Agreement and to enter upon the leased Premises and again have, repossess, and enjoy the same as if this Lease Agreement had not been made. 9. TERMINATION BY COI.11'+1TY. This Agreement may be terminated before the expiration of a one (1) year term, with or without cause and in the sole discretion of the County, upon a) Sixty (60) days' written notice by the County to the Lessee, b) Thirty (30) days' written notice by the County to the Lessee when; i) The Lessee fails to timely pay the County the amount described in this Agreement or fails to obtain or to keep telephone service as required under this Agreement; ii) The Lessee leases the Premises or assigns any interest without the required consent under this agreement; C) Fifteen (15) days' notice by the County to the Lessee in an emergency situation. 10. TE RMINATION BY LESSEE. The Lessee may terminate this Agreement upon fifteen (15) days' notice by the Lessee to the County in an emergency situation. County-owned Property Residential Lease -2- (Employee) 11. INSURANCE AND HOLD HARMLES The Lessee agrees to carry Ten Thousand and 00 /100 Dollars ($10,000.00) in personal liability coverage on the Premises and shall provide evidence thereof by a Certificate of Liability Insurance upon execution of this Lease. Lessee will notify County upon receipt of any notice of reduction or termination of such insurance, and shall immediately obtain replacement insurance. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Lessee shall defend, indemnify, and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty, or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Lessee or any of its employees, agents, contractors or other invitees on the Premises during the term of this Agreement, (B) the negligence or willful misconduct of Lessee or any of its employees, agents, contractors or other invitees, or (C) Lessee's default in respect of any of the obligations that it undertakes under the terms of this Lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Lessee). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Lease, this section will survive the expiration of the term of this Lease or any earlier termination of this Lease. 12. DAMAGE TO PROPERTY BY PETS OR ANIMALS The Lessee shall have sole responsibility for any damage, harm, nuisance, claim or other liability which arises as result of the Lessee(s) keeping pets or other animals on the Premises, including the parking area upon which the rental Premises is situated. Any repairs of Premises caused by animals or pets of the Lessee shall be paid for by the Lessee within thirty (30) days of being given notice by the County of the cost of the damages. 13. ALTERATIONS AND /OR MODIFICATIONS. If the Lessee wishes to make any modifications or alterations to the Premises he /she must first make the request in writing to the County, and receive written permission from the Assistant County Administrator prior to making any alterations and/or modifications. 14. NOTICE Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: For the Count For the Lessee Kevin Wilson, Assistant County Administrator Troy D. Oliver 1100 Simonton Street, #2 -216 382 Caribbean Drive, Unit B Key Largo, Florida 33037 Key West, FL 33040 Telephone: (305) 797 -1014 Telephone: (305) 453 -8797 15, ATTACHMENTS The following documents are required to be attached to this Agreement: a) EXHIBIT A: Letter from Lessee's Department Head recommending Lessee and approved by Assistant County Administrator permitting Lessee to execute Agreement. b) EXHIBIT B: Certificate of Liability Insurance. County-Owned Property Residential Lease -3- (Employee) This Agreement shall not be effective until signing by all parties and by attaching all fully completed Exhibits to the Agreement. 16. WHOLE CONTRACT AND WAIVER. This Agreement is the whole Agreement between the parties, and no prior or contemporaneous oral or written communications are part of the Agreement. If the County waives any breach of the Agreement, that waiver shall not waive the covenant or conditions breached, nor any later breach of any part of the Agreement. 17. GOVERNING LAWSNENUE This Agreement shall be governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this agreement must be in Monroe County, Florida. The County and Lessee specifically agree that neither the provisions of Florida Statutes, Chapter 733, (Mobile Home Park Lot Tenancies) nor the provisions of Chapter 513, Mobile Home and Recreational Vehicle Parks) are to be applied as governing this Agreement or use as constructing provisions of this Agreement. 18. ATTORNEY'S FEES Should any cause of action or administrative proceeding arise out of this Lease in connection with the enforcement or interpretation of this Lease between Lessor and Lessee, the prevailing party shall be entitled to reasonable attorney's fees, court costs, and out -of- pocket expenses, as an award against the non - prevailing party. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Sixteenth Judicial Circuit in and for Monroe County, Florida. 19. DIATION The parties agree to mediate any disputes under this Agreement, and further agree that they will not arbitrate any disputes. 20. SEVERARILITY If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 21. ABANDON LENT If at any time during the term of this Agreement Lessee abandons the Premises or any part thereof, County may, at County's option, obtain possession of the Premises in the manner provided by law, without becoming liable to Lessee for damages or for any payment of any kind whatever. County may, at County's discretion, as agent for Lessee, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at County's option, hold Lessee liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period realized by County by means of such reletting. If County's right of reentry is exercised following abandonment of the Premises by Lessee, then County shall consider any personal property belonging to Lessee and left on the Premises to also have been abandoned, in which case County may dispose of all such personal property in any manner County shall deem proper and County is hereby relieved of all liability for doing so. 22. HAZARDOUS MATERIALS Lessee shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. County-Owned Property Residential Lease .4- (Employee) 23. INSPECTION OF PREMISES County and County's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by County for the preservation of the Premises or the building. County and its agents shall further have the right to exhibit the Premises and to display the usual "for sale ", "for rent ", or "vacancy" signs on the Premises at any time within forty - five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions that do not conform to this Agreement or to any restrictions, rules, or regulations affecting the Premises. 24. RADON GAS Notice to prospective Lessee: Radon is a naturally occurring radioactive 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 in this state. Additional information regarding radon and radon testing may be obtained from a County public health department. 25. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 26. MUTUAL REVIEW This agreement has been carefully reviewed by Lessee and Lessor, therefore this Agreement is not to be construed against either party on the basis of authorship. IN WITNESS WHEREOF, the parties hereto have been executed this Agreement as of the date written above. Attest: KEVIN MADOK, CLERK By: Deputy /Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LESSOR By: Mayor MONROE COUNTY ATTORNEY'S OFFICE Af PC F PATRICIA EABLES AM TANT CO TY ATTORNEY DATE^ - t County-Owned Property Residential Lease - 5 - (Employee) 0V . II DATE: March 27, 2017 TO: Kevin Wilson, Assistant County Administrator FROM: Robert Glassmer, Plantation Key, Public Works/Engineering Facilities by Alice Steryou; Contract Monitor Public Works/Engineering Facilities RE: Agenda Item — April 12, 2017 BOCC Meeting County Employee Residential Lease Unit B, Location F Pursuant to the Policy for use of residential housing on County -owned property approved by the BOCC at the March 16, 2011 meeting, this location was advertised to County employees on March 23, 2011 and an Upper Keys Public Works employee had applied for and was approved. I hereby request approval to enter into a one -year residential lease agreement with a Monroe County employee to reside in Unit B at Location F. This employee has been leasing this Unit B, Location F since June 01, 2011. Enclosures 3/2- a a a APPLICATION FOR EMPLOYEE RENTAL OF MONROE COUNTY -OWNED RESIDENCE APPLICANT INFORMATION Name: FIRST MIDDLE INITIAL LAST Telephone: _Z Cell: O THERS WHO WILL BE LIVING IN THIS RESIDENCE Name: Relationship: Age: Name: Relationship: Age: Name:: Relationship: Age: CURRENT ADDRESS Address:, C" City: Reason for leaving: VEHICLE INFORMATION Make State: Zip: Model 1 Plate Make: Model: Plate: Mak ® " Model: z A- Plate: PET INFORMATION Type Breed: Type: Breed: Type Breed: Weight Weight Weight: EMER CO NTA C T INFORMATION Name: Relationship: / Phone: °` Alternate: Relationship Phone: APPROVED BY: RECOMMENDED: Supervisor Date: Department Head Date: Division Director Date:.