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Item G2BOARD OF GOVERNORS FIRE AND AMBULANCE DISTRICT I AGENDA ITEM SUMMARY MeetingDate: December9.2015 Department: Emergency Services Bulk Item: Yes X No Staff Contact/Phone # Holly Pfiester 289-6088 AGENDA ITEM WORDING: Approval to enter into a new 3-year Lease Agreement with Zane Grey Development Co. for Unit 410 at 68250 Overseas Highway, Layton, Florida, for the housing of firefighters assigned to Layton/Long Key Fire Station #18 as the current lease is due to expire December 28, 2015, and authorization for Fire Chief to execute all necessary documents. ITEMBACKGROUND: During the FYI 0 budget process, the Board approved career staffing for Layton Fire Station 418. Since the Layton facility had no living quarters, it was necessary to lease firefighter housing in a unit located next to the station, allowing for immediate response to calls. Tbe current 3-year lease has a $2,300 month rate (including utilities); the upcoming 3-year lease will increase to $2,500.00 / month rate (including utilities). During the FYI 6 budget process, funds were appropriated to continue leasing housing for the Layton/Long Key firefighters. PREVIOUS RELEVANT BOG ACTION: On December 16, 2009 the Board approved to enter into a I -year Lease Agreement with Zane Grey Development Co. for $2,200.00 per month including utilities. On November 17, 20 10 the Board approved to enter into a I -year Lease Agreement with Zane Grey Development Co. for $2,250.00 per month including utilities. On December 14, 2011 the Board approved to enter into a 1 -year Lease Agreement with Zane Grey Development Co. for $2,300.00 per month including utilities. On November 20, 2012 the Board approved to enter into a 3-year Lease Agreement with Zane Grey Development Co. for $2,300.00 per month including utilities. CONTRACT/AGREEMENT CHANGES: N/A. STAFF RECOMMENDATIONS: Approval TOTAL COST: _$30,000 INDIRECT COST: N/A BUDGETED: Yes X No COST TO COUNTY: $30.000,11 SOURCE OF FUNDS: 141-11500-530440 REVENUE PRODUCING: Yes",'-','-"'','- No X AMOUNT PER MONTH Year BA tty c14/' APPROVED Y: County -t7 OMB/Purchasing a Risk Management DISPOSITION: AGENDA ITEM a 047"MI M Contract with: Zane Grey Development Co. Contract: 3 year lease Effective Date: 12/29/2015 Expiration Date: 12/28/2018 Contract Purpose/Description: Lease agreement for Unit #10 at 68250 Overseas Hi lzhwa or housing firefighters y, Layton. Florida f assigned to LgAon/Long Key Fire Station # 18 for $2,500 / month including utilities. I Contract Manager: Holly Pfiester 6088 Emergency Services / Stop 14 (Name) (Ext.) (Department/Stop #) for BOG meeting on 12/9/2015 Agenda Deadline: 11/20/2015 CUATRACT COSTS Total Dollar Value of Contract: $ 30,000 ver year Current Year FYI 6 Portion: $30,000 (if multiyear agreement then requires BOCC approval, unless the total cumulativc mnount is les, Expected Life of Contract: $ 30,000 x 3 Years $90,000 than $50,000.00). N Grant: $ County Match: $ 0 # ADDITIONAL COSTS Estimated Ongoing Costs: 3 or: 3 years of included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) I W- S i 17-T-M a :1, W 9 1"01 Date In Changes Needed Department Head !Ll -irYesEl Risk Manageme o O.M.B./Purchasing YesEl Nooz County Attorney d 201-( YesF-1 NoM Reviewer I WWA91:4 i 0 1� I k i I I I 1. PARTIES. This is a lease ("the Lease") between Zane Grey Development Company inarm and addiwa ol owner al the onmrtvi Board of Governors of Fire and Ambulance District I of Monroe County, Florida (riame(s) of po—(*) to whorn the Property is leased) CIO Monroe County Fire Rescue, 490 63rd Street Ocean, Suite 140, Marathon, FL 33050 2. PROPERTY RENTED. Landlord leases to Tenant the land and buildings located at 68250 Overseas Highway - Unit 10 Istreel addresO Layton , Florida 33301 (Ap ecde) together with the following furniture and appliances [List all furniture and appliances. It 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, lam ps, kitchen table, 3 dressers, 6 end tables, TV cabinet, patio and porch furniture, DVD player, dishes, silverware, pats and pans, utensils, BBQ grill, propane tank. Tenant will provide own beds -r z z tr.M 'j ITL— Firefighicirs as assigned to Layton Fire Station. 3. TERM. This is a lease for a term, not to exceed twelve months, beginning on ___J2 - 29 - 15 (4nonth, day, yoar) 12-28-2018 Either party may cancel this agreement without cause upon 90-day and ending - (the �Lease TernV). advance written notice. This lease is contingent on an annual appropriation jmoft, day, Mat� 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 $ 2,500.00 (excluding taxes) for the Lease Term. The rent shall be payable by Tenant in advance month (including utilities) in installments. If in installments, rent shall be payable 0 monthly, on the 28th day of each month. (if left blank, on the first day of each month.) 0 weekly, on the -day of each week. (if left blank. on; Monday of each week.) 0 in full on in the amount of {data) Tenant shall also be obligated to pay taxes, on the rent when applicable in the amount ot $ 0-00 Elwith each rent instaliment0with the rent for the full term of the L Lafd1ord-wil't notlj,� TeTaTt ii6*e aiTouTt of Ile JgLQ� Payment Summary FAlf rent In nald In of $1,500.00 0 If rent Is paid In full, the total payment Including taxes shall be in the amount of S Landlord and Tenant acknowledge receipt of a copy of this page which Is Page 1 of 6 RLHD-2 10100 Approved for use under rule 10-2.1 (a) of The Rules Regulating The Florida Bar Tenant shall make rent payments required under the Lease by (choose all applicable) []cash, 0 personal check,O money order, Ocashier's check, or0other Monroe County issued chSc�_(specffy). If payment is accepted by any means other than cash, payment Is not considered made until the other instrument is collected. cashier's check or official bank check or0cash or other (speci!y) .. . .... . . .... ... section 68.065). 5. MONEY DUE PRIOR TO OCCUPANCY. Tenant shall pay the sum of $ 2,500M In 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 pri or 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 Company (-1 at I I 100 Overseas Highway, Marathon, FL 33 050 4M WT 1 WA r. M. M. $ 2,5WOO due 12-28-20 15 Prorated rent plus applicable taxes $ due Advance rent forEl month 0 week of M I = M., I -in W MEW= - � S due $ due $ due Security deposit for homeowner's association $ due Other $ due Other $ due 6. LATE FEES. (Complete it applicable) In addition to rent, Tenant shall pay a late charge in the amount of $ 0-00 for each rent payment made N-,A — days after the day it is due (if left blank, 5 days if rent is paid monthly, I day if rent is paid weekly). 7. PETS. Tenant 0 may 0 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, (SWHy number al pegs, type(%). bread, ffoximum aduft wfthl of pKs ) RLHD-2 10,MJ 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 mail or by hand delivery. Any notice to Tenant shall be given by U.S. mail or delivered to Tenant at the Premise& If Tenant Is absent from the Promises, a notice to Tenant may be given by leaving a copy of the notice at Prerruises. 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 shall be paid by Landlord, which include Electric and Water, Tenant shall pay for telephone and intemet services 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 ilem): windows doors exterior walls screens floors foundations structural components hot water running water locks and keys electrical systeur Tenant smoke detection devices As needed Tenant extermination of rats, mice, roaches, ants and bedbugs ooling arbage removal/outside receptacles extermination of wood -destroying organisms lawn/shrubbery pool/spa/hot tub water treatment Tenant --fifters(specity) Monthly - jg" ? rt�, 4!,5, ceilings interior walls Other (specify) BBQ gall and empty propane tanks are provided by landlord, but tenant must provide propane Tenant shall notify Denise (DD) Holland at I 1100 Overseas Highway, Marathon, FL 33050 (narm) (adtimss) —and (305) 289-1 ---OF mail-Awrafric-1 numboo and repair requests. 11. ASSIGNMENT. Tenant El may Q 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 -�-# of sets of keys to the dwelling --�-# of mail box keys --2--# of garage door openers If there is a homeowner's association, Tenant YWII be provided with the following to access the assocon's common areas/facilities: ­­ 0 # of keys to N/A 0 # of remote controls to 0 # of electronic cards to Em. wo other (specify) to Al end of Lease Term, all items specified in this Paragraph shall be returned (name) at (if left blank, Landlord at Landlord's address). (addrm) 13. LEAD -BASED PAINT. Q 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 (�k-) and Tenant (---) (—) acknowledge receipt of a copy of this page which Is Page 3 of 6 RLHD.2 10100 Approved for use under rule 10-2.1 (a) of The Rules Regulating, The Florida Bar Lessor's Disclosure (Initial) --(a) Presence of lead -based paint or lead -based paint hazards (check (1) or (N) 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), (I!) —Lessor has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing. Lessee's Acknowledgment (initial) Lessee has received copies of all information listed above. _(d) Lessee has received the pamphlet Protect Your Family From Lead in Your Horne. Agent's Acknowledgment (Initial) Agent has Informed the Lessor of the Lessor's obligations under 42 U.S.C. 4852d 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 Data Lessee Date Lessee Data Agent Date Agent Date 14. MILITARY/U.S. CIVIL SERVICE. [:1 Check if applicable, In the event Tenant, who is in the Military/U.S. Civil Service, should receive government 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. 15. 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 repalinng the Premises. C. To inspect the Premises; make necessary or agreed -upon repairs, decoratfons, 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 noes Landlord of an intended absence, then Landlord may enter only with Tenant's consent of for the protection or preservation of the Premises-) 2oemnyl:X t-9 9;Fi"Z1 !i�, agree that the Lease Is contingent upon receiving approval from the association. Any application fee required by an association shall be paid by[:] Landlord III' Tenant and Is El refundable Ononrefundable. If such approval is not obtained prior to commencement of Lease Term, Tenant shalt 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.0 Landlord L]Tenant shall pay the security depc�lkrqgfuired by the association, if applicable,, Landlord and Tenant acknowledc-e recel�t of a Te which Is PaTe� RLHD-2 10100 Approved 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 Tenantshall 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 LOSSANSURANCE. A. Landlord and Tenant shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct. B. Tenant should carry insurance covering Tenant's personal property and Tenant's liability insurance. 19. DEFAULTSfREMEDIES. 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 It, 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's request that the Lease does not allow any liens to attach to Landlord's interest. 22. RENE ALX f NSION. The Lease can be renewed or extended only by a written agreement signed by both Landlord and Tenant, but the term of a renewal or extension together with the original Lease Term may not exceed one year. A new lease is required for each year. y /4 g� /m yy g1 g� UPON SURREN- DER 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. TENANTS 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 taw, the party who wins may recover its rea- sonable court costs and attorney's fees from the party who loses. P*A kt111-1*4 RUIN =14111 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. TenantsH. Tenant shall provide at their expense an access gate to adjacent Layton Fire Station park underneathrclearance) CategoryJ. Tenants may occupy unit up to a K Tenants will provide own beds, bedding, towels, and other linens, r° Landlord ( r ,) {j and Tenant acknowledge receipt of a t copy of this page which Is Page 5 of B C-1 C 1 RLHD-2 10100 Approved for use under rule 10.2.1(a) of The Rules Regulating The Florida liar 27. BROKERS' COM MISSION.L] Check and complete if applicable. The brokerage companies named below will be paid the com- mission set forth in this Paragraph byO LandlordO Tenant for procuring a tenant for this transaction. NIA Real Estate Ucensee Real Estate Licensee Real Estate Brokerage Company Real Estate Brokerage Company Commission 28. EXECUTION. Execqed by Landlord Denise H. Holland ttJ I La '`L/ L'L­ Vio�� s Signature This form was completed with the assistance of: Name of lndMdual: NIA Name of Business - Address: Telephone Number Commission Date M M M Landlord(' (—)and Tenant(—)(--,) acknowledge receipt of a copy of this page which Is Page 6 of 6 RLHD-2 %'00 Approved for use under rule 10-2.1 (a) of The Rules Regulat,ng The Florida Bar