12/29/2009 to 12/28/2010 12/16/2009DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: January 7, 2010
TO: Fire Chief James Callahan
Fire - Rescue Department
A TTN: Susan Hover
FROM: Isabel C. DeSantis D. C.
At the December 16, 2009, Board of Governors meeting the following was approved:
Lease Agreement with Zane Grey Development Company for Unit #10 at 68250 Overseas
Highway, Layton, Florida for housing firefighters assigned to Layton Fire Station # 18 for
$2,200.00 per month including utilities.
Enclosed is the original for your handling. Should you have any questions please do not
hesitate to contact this office.
cc: County Attorney
Finance
File
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XXOXixXXIBRIC410101XYCOCIMERIEDONEXXXR1X
A BOX(0)OR A BLANK SPACE( )INDICATES A PROVISION WHERE A CHOICE OR DECISION MUST BE MADE BY THE PARTIES.
THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS. MANY RIGHTS AND RESPONSIBILITIES OF THE PARTIES ARE
GOVERNED BY CHAPTER 83, PART II, RESIDENTIAL LANDLORD AND TENANT ACT, FLORIDA STATUTES.UPON REQUEST,
THE LANDLORD SHALL PROVIDE A COPY OF THE RESIDENTIAL LANDLORD AND TENANT ACT TO THE TENANT(S).
1.PARTIES.This is a lease("the Lease")between Zane Grey Development Co.,
mama and address of owner of the orooertvl
11100 Overseas Highway,Marathon,FL 33050
("Landlord")and
' Board of Governors of Fire and Ambulance District 1 of Monroe County,Florida
(name(s)of person(s)to whom the properly Is leased)
C/O Monroe County Fire Rescue,490 63rd Street Ocean,Suite 140,Marathon,FL 33050 ("Tenant.")
2. PROPERTY RENTED.Landlord leases to Tenant the land and buildings located at 68250 Overseas Highway
(sheet address)
Unit#10,Layton Florida 33301
(zip code)
I together with the following furniture and appliances[List all furniture and appliances. If none,write"none.") (In the Lease,the property
leased, including furniture and appliances, if any, is called"the Premises"):
3 ceiling fans,stove,refrigerator,microwave,dishwasher,couch,TV,chairs,lamps,kitchen table,3 dressers,6 end tables,TV •
cabinet,patio and porch furniture,DVD player,dishes,silverware,pots and pans,utensils,BBQ grill,propane tank. Tenant
will provide own beds.
•
The Premises shall be occupied only by the Tenant and the following persons:
Firefighters as assigned to Layton Fire Station.
3.TERM.This is a lease for a term,:f4S 9fs,beginning on 12/29/2009
(month,day,year)
12/28/2010 Either party may cancel this agreement without cause upon 90 days
and ending (the"Lease Term"). advance written notice. This lease is contingent on an annual
(month.day,year) appropriation by the Board of Governors,Fire and Ambulance District 1.
4. RENT PAYMENTS,TAXES AND CHARGES.Tenant shall pay total rent in the amount of$ 2,200.00 (excluding
taxes)for the Lease Term.The rent shall be payable by Tenant in advance
❑in installments. If in installments.rent shall be payable
CAmonthly,on the 28th day of each month. (If left blank,on the first day of each month.) —
❑weekly, on the day of each week. (If left blank,on Monday of each week.)
in the amount of$ per installment.
❑in full on in the amount of$
(date)
Tenant shall also be obligated to pay taxes on the rent when applicable In the amount of$0.00
Dwith each rent installment❑with the rent for the full term of the Lease. Landlord will notify Tenant if the amount of the tax changes.
Payment Summary
QZIf rent is paid in installments,the total payment per installment Including taxes shall be in the amount
of$2,200.00
DU rent is paid in full,the total payment Including taxes shall be In the amount of$ .
Landlord will be paid in accordance with Florida Local Government Prompt Payment Act. Landlord shall submit monthly invoices to Tenant
at least 20 days in advance of the date on which rent is payable.
Landlor ( , ( )and Tenant( ) ( )acknowledge receipt of a copy of this page which is Page 1 of 6
RLHD-2 0/00 Approved for use under rule 10-2.1(a)of The Rules Regulating The Florida Bar
All rent payments shall be payable to Zane Grey Development Co. at
)name)
11100 Overseas Highway, Marathon, FL 33050
(address)
(If left blank, to Landlord at Landlord's address).
01f the tenancy starts on a day other than the first day of the month or week as designated above, the rent shall be prorated from
rdatel
through .n the amount of $ and shall be due on
(date)
(date) . ( If rent paid monthly, prorate on a 30 day month.)
Tenant shall make rent payments required under the Lease by (choose all applicable) Ocash, ❑personal check, 0 money order,
❑cashier's check, orO other Monroe County issued check (specify). If payment is accepted by any means other than
cash, payment is not considered made until the other instrument is collected.
If Tenant makes a rent payment with a worthless check, landlord can require Tenant Oto pay all future payments byo money order,
cashier's check or official bank check or 0 cash or other (specify)
and Oto pay bad check fees In the amount of $ 25 (not to exceed the amount prescribed by Florida Statutes
section 68.065).
5. MONEY DUE PRIOR TO OCCUPANCY. Tenant shall pay the sum of $ 2,200.40 !n accordance with this Paragraph
prior to occupying the Premises. Tenant shall not be entitled to move In or to keys to the Premises until all money due prior to
occupancy has been paid. if no date is specified below, then funds shall be due prior to tenant occupancy. Any funds designated in
this paragraph due after occupancy, shall be paid accordingly. Any funds due under this paragraph shall be payable to Landlord at
Landlord's address or to Zane Grey Development Co.
(name)
at _ 1110 Overseas Highway, Marathon, FL 33050
(address)
First 0 month's 0 week's rent plus applicable taxes $ 2,200.00 due 12/28/2009
Prorated rent plus applicable taxes $ due
Advance rent for month El week of
plus applicable taxes
Last[] month's ❑week's rent plus applicable taxes
Security deposit
Additional security deposit
Security deposit for homeowner's association
Other
Other
$ due
$ due
$ due
$ due
$ due
$ due
due
6. LATE FEES. (Complete if applicable) In addition to rent, Tenant shall pay a late charge in the amount of $ 0.40 for
each rent payment made N A days after the day it is due (if left blank, 5 days if rent is paid monthly, 1 day if rent is paid weekly).
7. PETS. Tenant O mayO may not keep pets or animals on the Premises. If Tenant may keep pets, the pets described in this
Paragraph are permitted on the Premises.
(specify number of pets, 4W(s), breed. maximum adult weight of pets.)
8. NOTICES. Denise (DD) Holland is Landlord's Agent.
All notices must be sent to: Zane Grey Development Co.,
OLandlord
(name)
at 11100 Overseas Highway, Marathon, FL 33050
faddress)
WLandlord's Agent DD Holland C/O Zane Grey Development Co.
fnamal
at 1 1100 Overseas Highway, Marathon, F 33050
(address)
Landlord ( } and Tenant ( ( } acknowledge receipt of a copy of this page which is Page 2 of 6
RLHD -2 1 ..Approved for use under rule 10- 2.1(a) of The Rules Regulating The Florida Bar
unless Landlord gives Tenant written notice of a change. All notices of such names and addresses or changes thereto shall be
delivered to the Tenant's residence or, if specified in writing by the Tenant, to any other address. All notices to the Landlord or the
Landlord's Agent (whichever is specified above) shall be given by U.S. mail or by hand delivery.
Any notice to Tenant shall be given by U.S. mail or delivered to Tenant at the Premises. If Tenant is absent from the Premises, a
notice to Tenant may be given by leaving a copy of the notice at Premises.
9. UTILITIES. Tenant shall pay for all utilities services during the Lease Term and connection charges and deposits for activating
existing utility connections to the Premises except for water, electric, sewer, and garbage pickup
that Landlord agrees to provide at Landlord's expense.
10. MAINTENANCE. Landlord shall be responsible for compliance with Section 83.51, Florida Statutes, and shall be responsible for
maintenance and repair of the Premises, unless otherwise stated below:
(Fill in each blank space with "Landlord" for Landlord or "Tenant" for Tenant, if left blank, Landlord will be responsible for the item):
roofs
steps
porches
plumbing
heating
locks and keys
electrical system
cooling
smoke detection devices g arbage removal/outside receptacles
Tenant extermination of rats, mice, roaches, ants and bedbugs extermination of wood - destroying organisms
lawn/shrubbery pool/spa/hot tub water treatment
Other (specify)
filters(specify) ceilings interior walls
BBQ grill and empty propan tank are provided by landl b ut tenant must provide propane
Tenant shall notify 00 Holland at 11100 Overseas Highway, Marathon, FL 33050
(name) (address)
and (305) 289 -6486 of maintenance
(telephone number)
and repair requests.
11. ASSIGNMENT. Tenant ❑ may ® may not assign the lease or sublease all or any part of the Premises without first obtaining the
Landlord's written approval and consent to the assignment or sublease.
12. KEYS AND LOCKS. Landlord shall furnish Tenant _ Z _ # of sets of keys to the dwelling _ 2 __ # of mail box keys
0 # of garage door openers
If there Is a homeowner's association, Tenant will be provided with the following to access the association's
common areastfacilities: 0 # of keys to NIA
.w
0 # of remote controls to N
0 # of electronic cards to NI A
other (specify) to
At end of Lease Term, all items specified in this Paragraph shall be returned to
(name)
at (If left blank, Landlord at Landlord's address).
(address)
13. LEAD -BASED PAINT. 0 Check and complete if the dwelling was built before January 1, 1978
Lead Warning Statement
Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips, and dust can pose health hazards if not man-
aged properly. Lead exposure Is especially harmful to young children and pregnant women. Before renting pre -1978 housing, Lessors
must disclose the presence of known lead -based paint and/or lead -based paint hazards in the dwelling. Lessees must also receive a
federally approved pamphlet on lead poisoning prevention.
Landlord )and Tenant �) ( acknowledge receipt of a copy of this page which is Page 3 of S
RLHD -2 10 0 AP-proved for use under rule 1 0-2.1 fay of The Rules Regulating The Florida Bar
windows screens
doors floors
exterior walls foundations
structural components
hot water running water
Lessor's Disclosure (initial)
(a) Presence of lead -based paint or lead -based paint hazards (check (i) or {ii} below):
(i) _..Known lead -based paint and/or lead -based paint hazards are present in the housing (explain).
(ii) Lessor has no knowledge of lead -based paint and/or lead -based paint hazards in the housing.
(b) Records and reports available to the Lessor (check (i) or (ii) below):
(i) Lessor has provided the Lessee with all available records and reports pertaining to lead -based paint
and/or lead -based paint hazards in the housing (List documents below).
(ii) .Lessor has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing.
Lessee's Acknowledgment (initial)
(c) Lessee has received copies of all information listed above.
(d) Lessee has received the pamphlet Protect Your Family From Lead in Your Nome.
Agent's Acknowledgment (initial)
(e) Agent has informed the Lessor of the Lessor's obligations under 42 U.S.C. 48524 and is aware of his/her responsibil-
ity to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by
the signatory is true and accurate.
Lessor Date Lessor Date
Lessee Date Lessee
Date
Agent Date Agent Date
14. MILITARM.S. CIVIL SERVICE. OCheck if applicable. In the event Tenant, who is in the Military/U.S. Civil Service, should
receive govemment orders for permanent change of duty station requiring Tenant to relocate away from the Premises, then Tenant
may terminate the Lease without further liability by giving Landlord 30 days advance written notice and a copy of the transfer order.
IS. LANDLORD'S ACCESS TO THE PREMISES. As provided in Chapter 83, Part 11, Residential Landlord and Tenant Act, Florida
Statutes, Landlord or Landlord's Agent may enter the Premises in the following circumstances:
A. At any time for the protection or preservation of the Premises.
B. After reasonable notice to Tenant at reasonable times for the purpose of repairing the Premises.
C. To inspect the Premises; make necessary or agreed -upon repairs, decorations, alterations, or improvements; supply
agreed services; or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors
under any of the following circumstances:
1. with Tenant's consent; 2. in case of emergency; 3. when Tenant unreasonably withholds consent; or
4. if Tenant is absent from the Premises for a period of at least one -half a Rental Installment period. (If the rent is
current and Tenant notifies Landlord of an intended absence, then Landlord may enter only with Tenant's consent or
for the protection or preservation of the Premises.)
16. HOMEOWNEWS ASSOCIATION. If Tenant must be approved by a homeowner's association ( "association "), Landlord and Tenant
agree that the lease is contingent upon receiving approval from the association. Any application fee required by an association shall
be paid by❑ Landlord OTenant and is❑ refundable ❑nonrefundable. If such approval is not obtained prior to commencement of
Lease Term, Tenant shall receive return of deposits specified in Paragraph 5, if made, and the obligations of the parties under the
Lease shall terminate. Tenant agrees to use due diligence in applying for association approval, to comply with the requirements for
obtaining approval and agrees to pay any fee required by the association for procuring approval. ❑ Landlord ❑ Tenant shall pay the
security deposit required by the association, if applicable.
Landlord ) and Tenant ( ) ( ) acknowledge receipt of a copy of this page which Is Page 4 of 6
RLHD -2 1 pproved for use under rule 10- 2.1(a) of The Rules Regulating The Florida Bar
17. USE OF THE PREMISES. Tenant shall use the Premises for residential purposes. Tenant shall have exclusive use and right of
possession to the dwelling. The Premises shall be used so as to comply with all state, county, municipal laws and ordinances, and all
covenants and restrictions affecting the Premises and all rules and regulations of homeowners' associations affecting the Premises.
Tenant may not paint or make any alterations or improvements to the Premises without first obtaining the Landlord's written consent to
the alteration or improvement. Any improvements or alterations to the Premises made by the Tenant shall become Landlord's proper-
ty. Tenant agrees not to use, keep, or store on the Premises any dangerous, explosive, toxic material which would increase the proba-
bility of fire or which would increase the cost of insuring the Premises.
18. RISK OF LOSS/INSURANCE.
A. Landlord and Tenant shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct.
R. Tenant should carry insurance covering Tenant's personal property and Tenant's liability insurance.
19. DEFAULTS/REMEDIES. Should a party to the Lease'fail to fulfill their responsibilities under the Lease or need to determine
whether there has been a default of the Lease, refer to Part II, Chapter 83, entitled Florida Residential Landlord and Tenant Act which
contains information on same, and/or remedies available to the parties.
20. SUBORDINATION. The Lease is subordinate to the lien of any mortgage encumbering the fee title to the Premises from time to
time.
21. LIENS. Tenant shall not have the right or authority to encumber the Premises or to permit any person to claim or assert any lien
for the improvement or repair of the Premises made by the Tenant. Tenant shall notify all parties performing work on the Premises at
Tenant request that the Lease does not allow any liens to attach to Landlord's interest.
22. RENEWAIJEXTENSION. The Lease can be renewed or extended only by a written agreement signed by both Landlord and
Ten ant,GKflCCDr�Ix CsX
23. TENANT'S PERSONAL PROPERTY. BY SIGNING THIS RENTAL AGREEMENT, TENANT AGREES THAT UPON SURREN-
DER OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, LANDLORD SHALL NOT BE LIABLE OR RESPONSI-
BLE FOR STORAGE OR DISPOSITION OF TENANT'S PERSONAL PROPERTY.
24. TENANT'S TELEPHONE NUMBER. Tenant shall within 5 business days of obtaining telephone services at the Premises, send
written notice to Landlord of Tenant's telephone numbers at the Premises.
25. ATTORNEY'S FEES. In any lawsuit brought to enforce the Lease or under applicable law, the party who wins may recover its rea-
sonable court costs and attorney's fees from the party who loses.
26. MISCELLANEOUS.
A. Time is of the essence of the Lease.
B. The Lease shall be binding upon and for the benefit of the heirs, personal representatives successors, and permitted
assigns of Landlord and Tenant, subject to the requirements specifically mentioned in the Lease. Whenever used, the
singular number shall include the plural or singular and the use of any gender shall include all appropriate genders.
C. The agreements contained in the Lease set forth the complete understanding of the parties and may not be changed or
terminated orally.
D. No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by Landlord.
E. All questions concerning the meaning, execution, construction, effect, validity, and enforcement of the Lease shall be
determined pursuant to the laws of Florida.
F. A facsimile copy of the Lease and any signatures hereon shall be considered for all purposes originals.
G. As required by law, Landlord makes the following disclosure: "RADON GAS." 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 Florida. Additional
information regarding radon and radon testing may be obtained from your county health department.
H. Tenant shall provide at their expense an access gate to adjacent Layton Fire Station.
I. Tenants can park underneath Unit #10 only (6 1/2 ft. clearance)
J. Tenant may occupy unit up to a Category 2 Hurricane.
K. Tenants will provide own beds, bedding, towels, and other linens.
Landlo d and Tenant } �� acknowledge receipt of a copy of this page which is Page S of 6
RLHD 2 Approved for use under rule 90- 2.1(a) of The Rules Regulating The Florida Bar
27. BROKERS' COMMISSION. 0 Check and complete if applicable. The brokerage companies named below '
P will be paid the com-
mission set forth in this Paragraph by Landlord ❑T e n ant for procuring a tenant for this transaction.
f ,
Real Estate Ucensee
Real Estate Brokerage Company
Commission
yf
Real Estate Lice ee
Real Estate Brokerage Company
A/� 4
Commission
28. EXECUTION.
Executed lord
ndlor ,. ate
Sign ure - ,ice - raane Z -- C
Brn,C. chmitt, Presi nt of Gre Develo men Y Development Co.
Landlord's Signature
Executed by Tenant .,dam c> ccr r
Date
o - P ( � rnvr5, �►s�ri'L�' _t
Tenant's Signat e Ca rY(c.4'h e, rJ
V C - C, ti Gz i r ✓1/1 � V1
Tenant ignature
This form was completed with the assistance of:
Name of Individual:
Name of Business:
Address:
Telephone Number.
Date
Date
_
rn
♦ )>
MONRO`TTORNEY
APPRl.' ;: L"' �S T� F M:
w
i ' HALL
ASSIS T
VT V TTORNEY
Date-. 1 P
Landfo �_) and Tenant (� { acknowledge receipt of a co o f •
RLHD 2 00 proved for use under rule 10- 2.1(a) of The Rules Regulating p PY t page which IS Page Of 6
g ng The Florida Bar