Terminating Lease effective 07/18/2017 KEVIN MADOK, CPA
MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER
DATE: January 10, 2017
TO: Tammy Sweeting, Administrative Assistant
FROM: Pamela G. Hancot i eputy Clerk
SUBJECT: December 14th BOCC Meeting
Attached is a duplicate original, of the following item, from the above - mentioned meeting
date:
Item Q3 approval of a 6 -month Land Lease Agreement with Habitat for Humanity with an
optional 6 -month extension on the property located at 30320 Overseas Highway, Big Pine Key.
The lease was amended at the meeting to read: Lessee shall have no extension period on the
Lease.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney
Finance
File ✓
LAND LEASE AGREEMENT
HABATIT FOR HUMANITY OF KEY WEST AND LOWER FLORIDA KEYS, INC.
THIS LEASE AGREEMENT is made and entered into December 14, 2016, by and
between MONROE COUNTY, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, Florida 33040 ( "Lessor "), and HABITAT FOR HUMANITY
OF KEY WEST AND LOWER FLORIDA KEYS, INC., a non - profit corporation of the State of
Florida, whose principal address is 30320 Overseas Highway, Big Pine Key, Florida, 33043
( "Lessee ").
WHEREAS, Monroe County in 2004 purchased and now owns the property located at
30320 Overseas Highway, Big Pine Key, Florida ( "Premises "); and
WHEREAS, on August 18, 2004, the Lessor and the Lessee entered into a Lease
agreement, for one (1) fifteen (15) year term commencing on August 19, 2004 and ending on
August 18, 2019 and conditioned upon satisfactory compliance with the terms of the Lease,
Lessee may also request, in writing, a renewal of the Lease as the parties may agree ( "Original
Lease "), a copy of which is attached hereto and made a part hereof; and
WHEREAS, in July 2016 Monroe County received an Engineering Report for the
Premises prepared by Reynolds Engineering Services, Inc. and Hungate Engineering, P.0
( "Engineering Report"); and
WHEREAS, the Engineering Report contained findings of structural deficiencies on the
Premises including, but not limited to the building exterior, roof, 2 floor interior, 1 s ` floor
interior, and the below 1" floor areas; and
WHEREAS, the Engineering Report contained a "critical recommendation" that the
"bottom level of the building have temporary shoring installed as soon as practical (within the
next 4 -6 months)" which would indicate that the temporary shoring should be installed before the
end of January 2017; and
WHEREAS, the Original Lease contains a Termination clause requiring the County to
give Lessee a one hundred twenty (120) day prior written notice of termination; and
WHEREAS, on September 21, 2016 the County delivered to the Lessee a prior written
Notice of Termination, with such termination effective as of January 19, 2017 ( "Termination
Date "); and
WHEREAS, the Lessee has agreed to vacate the structure located on the Premises by the
Termination Date; and
WHEREAS, the Lessee desires to continue the use of the outdoor storage area of the
Premises; and
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WHEREAS, Lessee desires to evaluate the existing structure located on the Premises for
the purpose of determining the feasibility of repairing or replacing the existing structure.
WHEREAS, the Lessor has determined that the availability of affordable housing for
persons in the work force is critically low; and
WHEREAS, Lessee's mission includes assistance to disadvantaged and low- income
people in acquiring affordable home ownership; and
WHEREAS, the parties recognize that a primary purpose of the County acquiring the
Premises was to be able to use the Premises for the staging of pre- disaster and post- disaster
operations; and
WHEREAS, the parties now desire to terminate the Original Lease and enter into this
Land Lease Agreement for the outdoor area only of the Premises ( "Lease ").
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants
set forth below, the parties agree as follows:
1. Mutual Termination of Original Lease. The parties mutually agree to
terminate their Original Lease, dated August 18, 2004, with neither party having any
further duty, obligation or liability to the other under the terms of the above listed
document.
2. Premises. The Lessor does hereby lease to Lessee and Lessee leases from the
Lessor, the undeveloped land only (excluding the existing structure) at 30320
Overseas Highway, Big Pine Key, Florida, 33043 ( "Exhibit A "), a copy of which is
attached hereto and made a part hereof.
3. Term and Effective Date. Subject to and upon the terms and conditions set
forth herein, this Lease shall continue in full force and effect for a term of six (6)
months commencing as of January 19, 2017 and terminating on July 18, 2017.
4. Extension Period. Lessee shall have no extension period on the Lease.
5. Rent. Lessee shall pay the Lessor the sum of Ten Dollars ($10.00) per Term, due
on the first day of the each Term, payable in advance and remitted to Monroe County
Clerk's Office, 500 Whitehead Street, Key West, Florida 33040.
6. Taxes. The Lessee shall pay all taxes and assessments, if any, including any
sales or use tax, levied by any government agency with respect to the Lessee's
operations on the Premises.
7. Insurance.
a) To the extent allowed by law, each party shall be responsible for any acts
of negligence on the part of its employees, agents, contractors, and
subcontractors and shall defend, indemnify and hold the other party
harmless from all claims arising out of such actions.
b) Lessee shall, throughout the term of this Lease, maintain insurance in a
minimum amount of One Million Dollars and NO /100 ($1,000,000.00) for
bodily injury or death to any one (1) person or number of persons in any
one occurrence and not less than One Million Dollars and NO /100
($1,000,000.00) for property damage unless waived or modified by
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County Risk Management per Administrative Instruction 4709. The
insurance policy (or policies) shall name Monroe County as an additional
insured.
c) If the insurance policies originally purchased with meet the requirements
of this lease are canceled, terminated or reduced in coverage, then the
Lessee shall immediately substitute complying policies so that no gap in
coverage occurs. Copies of current policy certificates shall be filed with
the Monroe County whenever acquired or amended.
8. Utilities. Lessee shall be responsible for paying any and all costs of utility
costs, fees and monthly utility fees, such as water, electric, sewer, telephone or cable.
9. Mechanic's Liens. The Lessee shall not permit any mechanic's lien or liens to
be placed on the Premises or on improvements thereon. If a mechanic's lien is filed, it
shall be the sole responsibility of the Lessee or its officer, employee, agent, contractor
or other representative causing the lien to be filed to discharge the lien and to hold
harmless and defend Monroe County against enforcement of such lien. Pursuant to
Section 713.23, F.S. the liens authorized in ch. 713, F.S. do not apply to the Lessor.
10. Records — Access and Audits. The Lessee shall maintain adequate and
complete records for a period of four (4) years after termination of this Lease. The
Lessor, its officers, employees, agents and contractors shall have access to the
Lessee's books, records, and documents related to this Lease upon request. The
access to the inspection of such books, records, and documents by the Lessor shall
occur at any reasonable time.
11. Relationship of Parties. The Lessee is, and shall be an independent
contractor and not an agent or servant of the Lessor. The Lessee shall exercise
control, direction, and supervision over the means and manner that its personnel,
contractors and volunteers perform the work for which purpose this lease is entered.
The Lessee shall have no authority whatsoever to act on behalf and /or as agent for
the Lessor in any promise, lease or representation other than specifically provided for
in this Lease. The Lessor shall at no time be legally responsible for any negligence on
the part of the Lessee, its employees, agents or volunteers resulting in either bodily or
personal injury or property damage to any individual, property or corporation.
12. Termination. This Lease may be terminated at the discretion of the Lessor in the
following circumstances:
A. Lessee fails to pay the rent when due;
B. Lessee fails to obtain the insurance required under this Lease or allows the
required insurance coverage to lapse or fall below the minimum required;
C. Lessee otherwise breaches the terms of this Lease.
D. Lessor may terminate this Lease upon giving sixty (60) days prior written notice
to the Lessee.
Unless the Lessor has accepted in writing a delay in performance of duties, the
failure to perform said duties shall constitute a default under the terms of this Lease.
In the case of default/breach, the County Administrator or his designee shall first give
Lessee a written notification stating the default/breach and that Lessee has seven (7)
days to correct the default /breach. If the Lessee has not corrected the default/breach
at the end of the seven (7) days, then the Lessor may terminate the Lease in its
discretion. If it shall be necessary to employ the services of an attorney in order to
enforce its rights under this Lease, the Lessor shall be entitled to reasonable
attorney's fees. Waiver of a default in any particular month shall not bind the Lessor
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to forego the provisions of this paragraph and any subsequent default shall be grounds
for termination.
13. Use and Conditions.
A. The Premises shall be used solely for the purposes of conducting the Lessee's
activities related to the provision of affordable housing and limited to; outdoor
storage in conex containers, storage in semi - trailers, parking of company vehicles
on the Premises, parking of a waste dumpster, the storage of donated vehicles and
recreational vehicles (limited to no more than four (4) at any one time) and the
storage of donated goods, construction equipment, construction materials and
emergency storm supplies.
B. Lessee may use exterior utility connections such as water and electricity. Lessee
shall be responsible for the cost of such utilities as set forth in paragraph 8 of this
Lease.
C. Lessee may remove and /or replace the outdoor storage containers on an as needed
basis. Lessee will advise Lessor when such removal or replacement will occur.
D. Lessee will further use and occupy the Premises in a careful and proper manner,
and not commit any waste thereon. The Lessee shall not cause, or allow to be
caused, any nuisance or objectionable activity of any nature on the Premises. Any
activities in any way involving hazardous materials or substances of any kind
whatsoever, either as those terms may be defined under any state or federal laws
or regulations or as those terms are understood in common usage, shall strictly
comply with all federal, state and local laws. Lessee shall not use or occupy the
Premises for any unlawful purpose and will, at the Lessee's sole cost and expense,
conform to and obey any present or future ordinance and /or rules, regulations,
requirements and orders of governmental authorities or agencies respecting the
use and occupation of the Premises.
E. Lessee shall be solely responsible for operating and maintaining the Premises,
including all utilities, security, enforcement of rules and regulations, programs,
transportation and any and all other aspects of operations.
F. During the Term of this Lease, Lessee shall annually provide Lessor with Reports
on housing construction initiated, housing construction completed, placement of
families in completed housing, average use of materials storage space, as well as
any statistical reports which are prepared for and circulated to the Lessee's
volunteers and donors.
G. If the Premises is used for any other purpose, without the Lessor Administrator's
prior written consent, the Lessor shall have the option of immediately terminating
this Lease. The Lessee shall not permit any use of the Premises in any manner that
would obstruct or interfere with any Lessor functions and duties. Further, the
Lessee shall not sublease any space or antenna use to any other entity,
H. The Lessee acknowledges that the Premises contains soil contamination. The
Lessee accepts the property in "AS IS" condition. The Lessee does hereby accept
the leased Premises as now being in fit and tenantable condition for all purposes
of the Lessee
I. No structure or improvements of any kin, whether temporary or permanent, shall
be placed upon the land without prior approval in writing by the Monroe County
Administrator.
J. Lessee shall preform, at its sole expense, all work required in the preparation of
the Premises hereby used for occupancy by the Lessee except as otherwise
provided in this Lease.
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K. Lessor reserves the right to inspect the leased area and to require whatever
adjustment to structures or improvements that Lessor, in its sole discretion, deems
necessary. Any adjustments shall be done at the Lessee's sole cost and expense.
L. Signage of any type shall comply with the County's sign regulations.
M. At any time that the Premises are needed by the Lessor for pre- disaster and /or
post- disaster staging operations, Lessee shall accommodate Lessor to the fullest
degree possible. This shall include, when necessary, but not limited to, cessation
of Single Family Residential manufacturing and components assembly activity,
consolidation of stored construction materials as fully as possible to accommodate
storage of materials by Lessor, and the like.
14. Lessee Covenants. Lessee covenants and agrees as follows:
A. Lessee will vacate the structure on the Premises on or before January 19, 2017.
B. To maintain the grounds of the Premises including but not limited to; mowing,
weeding, trimming of plants and trees and trash removal.
C. Lessee will limit access to the Premises to be the time between 7:30 am and 5:00
pm on Mondays through Saturdays.
D. Lessee will limit access to the Premises to staff, employees, registered volunteers
accompanied by staff, construction professionals.
E. Lessee may allow limited access by the public for the purpose of processing the
donation of a vehicle or recreational vehicle. Any member of the public making
such a donation will be accompanied on the Premises by a staff member of the
Lessee.
F. Lessee will provide portable restroom facilities on the Premises for the use of the
staff, employees, registered volunteers and construction professionals.
G. Lessee shall maintain a City and County occupational license during the period of
this lease.
H. Lessee agrees to keep the leased Premises in a safe, clean and well- maintained
order at no expense to the Lessor. This provision is to be monitored by the
Director of Project Management and Facilities or his representative.
I. Lessee agrees to operate its business in a business like manner.
15. Lessor Covenants. In connection with the above demised Premises, the Lessor
covenants with the Lessee that conditioned upon Lessee's performance and
observance of Lessee's covenants herein, Lessee shall have quiet enjoyment and
peaceable possession of the Premises during the term of this Lease. In the event the
Monroe County BOCC elects to maintain and/or improve the structure in the vicinity
of the leasehold herein, either by necessity, or by choice, such activity will not be
considered as a breach of any covenant of this lease.
Lessor further covenants and agrees as follows:
A. Monroe County Project Management and Facilities will secure the vacated
structure located on the Premises on January 19, 2017.
B. Lessor shall provide to Lessee access to the secured structure for the purpose of
evaluating the repair or replacement of the structure by the Lessee.
16. Condition of the Premises. Lessee must keep the Premises in good order and
condition. Lessee must promptly repair damage to the Premises. At the end of the
term of this lease, the Lessee must surrender the Premises to the Lessor in the same
good order and condition as the Premises were on the commencement of the term,
normal wear and tear expected. The Lessee shall not commit waste on the Premises,
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nor maintain or permit a nuisance on the Premises. After termination or expiration of
this Lease, the Lessee shall pay the Lessor the cost of any repairs and clean -up
necessary to restore the Premises to its condition at the commencement of the Lease.
17. Assignment. Lessee may not assign this Lease or assign or subcontract any of its
obligations under this Lease with the approval of the Monroe County BOCC. All the
obligations of this Lease will extend to and bind the legal representatives, successors
and assigns of the Lessee and the Lessor.
18. Subordination. This Lease is subordinate to the laws and regulations of the United
States, the State of Florida, and the County, whether in effect or commencement of
this Lease or adopted after that date.
19. Licenses. Lessee shall be responsible for and provide all licenses required by all
local, state and federal agencies.
20. Cessation of Habitat Affordable Housing Operations. Upon the natural
expiration or early termination of this Lease, the operation of a storage warehousing
facility shall immediately be ceased and all improvements, equipment, and other
personality of the Lessee, its officers, staff, employees, contractors, agents, volunteers
and invitees shall immediately be removed from the Premises. Any damage to the
Premises which has occurred due to the use contemplated under this Lease shall be
immediately repaired and the Premises restored to its original condition, unless the
parties agree at the cessation of operations that the Premises need not be repaired or
restored due to other benefits installed by Lessee during the Term of this Lease.
Should the Lessee determine to cease operation prior to natural termination of this
Lease, the Lessee shall give Lessor prior written notice of such intended cessation
sixty (60) days before the effective date of the cessation of operation.
21. Premises to be Used For Lawful Purposes. It is expressly covenanted between
the parties hereto that the Lessee will not use, suffer nor permit any person to use in
any manner whatsoever the leasehold property, nor any portion thereof, for purposes
calculated to injure the reputation of the leasehold property or of the neighboring
property, nor for any purpose or use in violation of the laws of the Untied States, or of
the State of Florida, or of the Ordinances of Monroe County or the City of Key West,
Florida. Lessee will keep and save the Lessor forever harmless from any penalty or
damage or charges imposed for any violation of any said laws, whether occasioned by
neglect of Lessee and Lessee will indemnify and save and keep harmless the Lessor
against and from any loss, cost, damage, and expense arising out of any accident or
other occurrence, causing injury to any person or property whomsoever or
whatsoever, and due directly or indirectly to the use of the leasehold Premises or any
part thereof by Lessee.
22. Limitation of Lessor's Liability. It is further agreed that in no case shall the Lessor
herein be liable, under any express or implied covenants in the Lease, for any
damages whatsoever to the Lessee beyond the rent reserved by the Lease accruing,
for the act, or breach of covenant, for which damages may be sought to be recovered
against said Lessor, and that in the event said Lessee shall be ousted from the
possession of said property by reason of any defect in the title of said Lessor or said
Lessor's authority to make this Lease, said Lessee shall not be required to pay rent
under this Lease while he is so deprived of said property, and that said Lessor shall
not incur any liability as a result of such ouster.
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23. No Waiver of Breach. It is further mutually covenanted and agreed between the
parties hereto that no waiver of a breach of any of the covenants of this Lease shall be
construed to be a waiver of any succeeding breach of the same covenant.
24. Observance of County Rules and Regulations. The Lessee hereby covenants
and agrees that he, his agents, employees or otherwise shall observe and obey all
lawful rules and regulations which may from time to time during the term hereby
promulgated and enforced by the Lessor at the beach.
25. County's Right of Entry. The Lessor reserves the right hereunder to enter
upon the Premises at any reasonable time during normal operating hours for the
purpose of inspecting said Premises to determine whether Lessee has complied and is
complying with the terms and conditions of this Lease. The Lessee hereby agrees to
keep the Premises at all times in a clean and sanitary condition, and not to maintain or
keep upon said Premises any properties or equipment not used in connection with the
operation of said business, unless authorized by the Lessor to do so.
26. Leasehold Improvements. The Lessee agrees not to make any alterations to the
building located on said Premises, without first obtaining written consent of the
Lessor to do so. Such alterations shall be based on plans approved by the Monroe
County Administrator and shall be subject to all City and County code provisions
governing construction. Lessee shall be responsible for obtaining any permits
required by any government agency. All site improvements shall be pre- approved by
the Monroe County Board of County Commissioners.
27. Responsibility for Property on Leasehold. All property of any kind that may be
on the Premises during the term of this Lease shall be at the sole risk of the Lessee.
The Lessor shall not be liable to the Lessee or any other person for any injury, loss or
damage to property or person on the Premises.
28. Damage to Leasehold. In the event that the demised Premises, or a major part
thereof, are destroyed by fire, storm, or any other casualty, the Lessor at its option
may forthwith repair the damage to such structure at its own cost and expense. The
rental thereon shall cease until the completion of such repairs. If Lessor exercises its
option to repair the Premises, Lessee agrees to assign its right to the insurance
proceeds to the Lessor.
29. Rights Reserved. Rights not specifically granted to Lessee by this Lease are
reserved to the Lessor.
30. Indemnification / Hold Harmless. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Lessee shall defend, indemnify
and hold Lessor and the Lessor'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 (including, without limitation, costs of
remediation in connection with a violation of any federal, state, or local law or
regulation, attorneys' fees and costs, court costs, fines and penalties) 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 leasehold Premises during the term of this
Agreement, (B) the negligence or willful misconduct of Lessee or any of its
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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 Lessor 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.
31. Governing Law, Venue, Interpretation: This Lease shall be governed by and
construed in accordance with the laws of the State of Florida applicable to contracts
made and to be performed entirely in the State. In the event that any cause of action
or administrative proceeding is instituted for the enforcement or interpretation of this
Lease, the Lessor and Lessee agree that venue will lie in the appropriate court or
before the appropriate administrative body in Monroe County, Florida.
The Lessor and Lessee agree that, in the event of conflicting interpretations of the
terms or a term of this Lease by or between any of them the issue shall be submitted
to mediation prior to the institution of any other administrative or legal proceeding.
27. Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Lease shall be in writing, approved
by the Board of County Commissioners, and signed by both parties before it becomes
effective.
28. Severability. If any term, covenant, condition or provision of this Lease (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Lease, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Lease shall be valid
and shall be enforceable to the fullest extent permitted by law unless the enforcement
of the remaining terms, covenants, conditions and provisions of this Lease would
prevent the accomplishment of the original intent of this Lease. The Lessor and
Lessee agree to reform the Lease to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
29. Attorney's Fees and Costs. The Lessor and Lessee agree that in the event any cause
of action or administrative proceeding is initiated or defended by any party relative to
the enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out -of- pocket
expenses, as an award against the non - prevailing party, and shall include attorney's
fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Lease shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
30. Binding Effect. The terms, covenants, conditions, and provisions of this Lease shall
bind and inure to the benefit of the Lessor and Lessee and their respective legal
representatives, successors, and assigns.
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31. Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Lease have been duly authorized by all necessary
County and corporate action, as required by law.
32. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Lease; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each party prior to submission.
33. Adjudication of Disputes or Disagreements. Lessor and Lessee agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed
upon within thirty (30) days after the first meet and confer session, the issue or issues
shall be discussed at a public meeting of the Monroe County Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the
parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Lease or by Florida law.
34. Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Lease,
Lessor and Lessee agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the
substance of this Lease or provision of the services under this Lease. Lessor and
Lessee specifically agree that no party to this Lease shall be required to enter into any
arbitration proceedings related to this Lease.
35. Nondiscrimination. Lessor and Lessee agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Lease
automatically terminates without any further action on the part of any party, effective
the date of the court order. Lessor and Lessee agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL
88 -352) which prohibits discrimination on the basis of race, color or national origin;
2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-
1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section
504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug
abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of disability;
10) Sections 13 -101, et seq., Monroe County Code, relating to discrimination based
on race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identity or expression, familial status or age; 11) Any other nondiscrimination
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provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Lease.
36. Covenant of No Interest. Lessor and Lessee covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Lease, and that the only interest of each is to
perform and receive benefits as recited in this Lease.
37. Code of Ethics. Lessor agrees that officers and employees of the Lessor recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
38. No Solicitation/Payment. The Lessor and Lessee warrant that, in respect to itself, it
has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Lease and that it has not paid
or agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Lease. For the breach or violation of the provision, the Lessee agrees that the Lessor
shall have the right to terminate this Lease without liability and, at its discretion, to
offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
39. Public Access. The Lessor and Lessee shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the Lessor and Lessee in conjunction with this Lease; and the Lessor
shall have the right to unilaterally cancel this Lease upon violation of this provision
by Lessee.
40. Non - Waiver of Immunity. Notwithstanding the provisions of Chapter 286, Florida
Statutes, the participation of the Lessor and Lessee in this Lease and the acquisition
of any commercial liability insurance coverage, self - insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
Lessor be required to contain any provision for waiver.
41. Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the Lessor, when
performing their respective functions under this Lease within the territorial limits of
the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
•
territorial limits of the County.
42. Legal Obligations and Responsibilities. Non - Delegation of Constitutional or
Statutory Duties. This Lease is not intended to, nor shall it be construed as, relieving
any participating entity from any obligation or responsibility imposed upon the entity
by law except to the extent of actual and timely performance thereof by any
10
participating entity, in which case the performance may be offered in satisfaction of
the obligation or responsibility. Further, this Lease is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
Lessor, except to the extent permitted by the Florida constitution, state statute, and
case law.
43. Non - Reliance by Non - Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Lease to enforce or attempt to enforce any third -party
claim or entitlement to or benefit of any service or program contemplated hereunder,
and the Lessor and Lessee agree that neither the Lessor nor the Lessee or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Lease separate and apart, inferior to, or superior to
the community in general or for the purposes contemplated in this Lease.
44. Attestations. Lessee agrees to execute such documents as the Lessor may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
45. No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee
of Monroe County shall be liable personally on this Lease or be subject to any
personal liability or accountability by reason of the execution of this Lease.
46. Execution in Counterparts. This Lease may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Lease by signing any such counterpart.
47. Section Headings. Section headings have been inserted in this Lease as a matter of
convenience of reference only, and it is agreed that such section headings are not a
part of this Lease and will not be used in the interpretation of any provision of this
Lease.
48. Mutual Review. This Lease has been carefully reviewed by Lessee and Lessor;
therefore this Lease is not to be construed against either party on the basis of
authorship.
49. Notices.
LESSOR: LESSEE:
County Administrator Habitat Executive Director
1100 Simonton Street P.O. Box 421003
Key West, Florida 33040 Summerland Key, Florida 33042
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
11
1 4, M i. �o K- BOARD OF COUNTY COMMISSIONERS
_t ;2
-- • _ , CLERK
V14 OF MO ROE COUNTY, FLORIDA
4 '' `t t ,:i,/ . By ;•-• 4 . ,
Deputy Clerk Mayor /Chairperson, George'Neugent
WITNESSES: HABITAT FOR HUMANITY OF KEY WEST
L O W
By 5C1 s) �r
Title gxEC. 1)//2e CraZ.
This document was prepared and approved as to form by:
0 , \ -6c c a3)/&
C. Rene Rogers, Esq. Date
Assistant County Attorney
Florida Bar No.: 0101178
P.O. Box 1026
Key West, FL 33041 -1026
(305) 292 -3470
-T1
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12
EXHIBIT "A" TO LEASE
Parcel 1
TRACT no. 3, as per unrecorded sketch of Tropic - Island Ranchetts, Big Pine Key,
Florida and now particularly described by metes and bounds as follows:
On the island of Big Pine Key, Monroe County, Florida, begin at the center of
Section 26, Township 66 South, Range 29 East; thence run due Westerly 548.75
feet to the POINT OF BEGINNING; thence continue due Westerly 299.375 feet;
thence run due Southerly 160.0 feet; thence run due Easterly 299.375 feet; thence
run due Northerly 160.0 feet to the POINT OF BEGINNING.
Parcel II
Easement for the purpose of vehicular and pedestrian ingress and egress as
reserved in Special Warranty Deed from Carnival Fruit Company, a Florida
corporation, to Bruce H. Seigal and Leda Grodsky Seigal, his wife, dated August 27,
1990, recorded August 27, 1990 in Official Records Book 1142, at Page 1544, of the
Public Records of Monroe County, Florida.
13
•
Acco ® DATE (MWDD/YYYY)
V - CERTIFICATE OF LIABILITY INSURANCE 12/28/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Lockton Affinity, LLC
Lockton Affinity, LLC (A/CNNo, Ext):888- 553 -9002 FAX No): 913 - 652 -3967
E -MAIL
P. O. Box 873401 ADDRESS:
Kansas City, MO 64187 -3401 INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Ace American Insurance Co. 22667
INSURED INSURER B:
Habitat for Humanity of Key West
and Lower Florida Keys, Inc. INSURER c
PO Box 5873 INSURERD:
Key West, FL 33045 INSURERS:
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE A S POLICY YT POLICY EXP
INSD WVD POLICY NUMBER L
(MMIDDIYYYY) (MM/DDIYYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY Y GL1064565 -16 04/01/2016 04/01/2017 EACH OCCURRENCE $1,000,000
DAMAGE TO RENE
CLAIMS -MADE X OCCUR PREMISES (Ea occur ence) $ 1 ,000,000
MED EXP (Any one person) $ 0
PERSONAL 8 ADV INJURY $ 1, 000 , 000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 , 000 , 000
X POLICY PET LOC PRODUCTS - COMP/OPAGG $ 2,000,000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS AUTOS
NON -OWNED PROPERTY DAMAGE
HIRED AUTOS AUTOS (Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS -MADE AGGREGATE $
DED RETENTION $ $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS' LIABILITY Y / N STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED' I N / A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
App E r�u E MEM
BY ay.
WAIVER N/A S___
CERTIFICATE HOLDER CANCELLATION
1064565
Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton Street
AUTHO REP ENTATIVE
Key West, FL 33040
-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
21605791 1064565