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Item C01BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY �Meeting Date-. March. 20, 2013 Division*, -Emergency Services Bulk lteni, Yes X No Department*, Fire Rescue Staff Contact Person/Phone # Holly Pfiester 289-6088 ............... .. ........ ......... ................... .AGENDA ITEM WORDING: Approval to enter into a Lease Extension with Seashime'll LLC, due to ongoing construction at the Conch Key Fire Station # 17, for Trailer 93 (Raptor) at 2 N. Conch Ave, Conch Key, Florida for the housing of firefighters assigned to Station. # 17, continuing the same $950.00/month. rate, including utilities, for a one (1) month period from April. 14, 2013 to May 13, 2013, and authorization for the Fire Chief to execute all necessary documents. ITEM BACKGROUND. The construction project to rebuild the Conch Key Fire Station #17 began on November 14, 2011 requiring our on -duty daily firefighters to vacate the premises and be relocated during the construction period. Adequate housing located in close proximity to the station and allowing for immediate response to fire and rescue calls was secured with Seashime 11 LLC. Funds have been allocated for this expense in. the capital plan project budget. ........... PREVIOUS RELEVANT BOARD ACTION,: On December 14, 2011 the BOCC approved to enter into a Lease A-gi-eement with Seashime 11 LLC for $950.00 per month, including utilities, for a period of one (1) year starting December 14, 2011 to December 13, 2012. On November 20, 2012 the.BOCC approved, to enter into Lease Extension with Seashime 11 LLC for $95okoo per month, including utilities, for a period of four (4) months from December 14, 2012 to April 13, 2013. . . . . . ............... CONTRACT/AGREEMENT CHANGES*, N/A STAFF RECOMMENDATIONS: Approval as written. ...................... TOTAL COST,: $950.0o INDIRECT COST-, BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $95 0.0o SOURCE OF FUNDS. CaDital Project 308-26006-560620 C.P4803 530440 REVENUE PRODUCING: Yes No X AMOUNT PER. MONTH Year APPROVED BY: County Atty ON9,Purchasing Risk Management ZL 0 DOCUMENTATION. Included X Not Required 41 DISPOSITION. AGENDA. ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Seashime 11 LLC CONTRACT SUMMARY Contract # Effective Date: 04/14/2013 Expiration Date-, ..05/1-3/2013 ContractPurpose/Description, Le --a se.Extensi-qn. with. Seashime.1.1 LLC' .. ........ .... . . . . .... . due to oligoqa construction at the Conch. Key Fire Station # 17 Florida for the housin of fiEefighters assi. n.ed to Station. # 1. 7 continuing the same $950.00/m.onth for a one.0) month period from Ap.r.11 1..4, 201.3 to M.av 1.1-2013. Contract Manager: Holly Pfiester (Name) for.BOCC meetiniz on 03/20/201.3 6088 Emergency Services / Stop 14 (Ext.) (Department/Stop #) Agenda Deadline: 03/05/201.3 CONTRACT COSTS Total. Dotfiar'Value of Contract.- $ 950.00 Current Year Portion: $ 950.00 Budgeted? YesE No Account Codes: 308 26006 560620 CP0803 530440 Grant: $ County Match.- $ . . .............. .... . . . . . . . .. . ADDITIONAL COSTS Estimated Ongoing Costs: /yr For: ........................... (Not McIuded in dollar value above) eg. maintenance, uti.i.ities, janitorial, salarles,, etc.) .. . .......................... CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Ye s El N o 2 -2 -13 r Risis k Management Yeso N' O.M.B./Purchasing j Yes[:] Noo' 1,3 F-T 1_12"Of "11; ell, All .7 County Attorney "I"Lo" 7"'013 Yes NoD Comments-, OMB Form Revised 2/27/01 MCP #2 R�Idantlef lase for dingle Family Home and Duplex FLORIDA 0.SSQCIADE?N OF REAL7DRSO QF.`o�Cic���aCm�X60(gX�ca$ . A BOX (J) 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 TENANTS). 1. PARTIES. This is a lease ("the Lease") between Seashime ii LLC [name and address of owner of the orooertO 3 N. Conch Ave., Conch Key, Marathon, FL 33050 ("Landlord") and Board of County Commissioners of Monroe County, Florida (name(s) of person(s) to whom the property is [eased) c/o Monroe County Fire Rescue, 490 f 3rd Street Ocean, Suite 140, Marathon, FL 33050 ("Tenant.") 2. PROPERTY RENTED. Landlord leases to Tenant the land and buildings located at (street address) Trailer 43 (Raptor) at 2 N. Conch Ave., Conch Key, Marathon, FL ©, Florida 33050 (zip code) 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"): Stove, refrigerator, microwave, dishes, silverware, pots and pans, utensils, couch, TV, DVD player, lamps, kitchen table, chairs, 3 beds, BBQ grill, propane tank. The Premises shall be occupied only by the Tenant and the following persons: Firefighters as assigned to Conch Key Fire Station # 17. 3. TERM. This is a one (1 ) month extension to the current lease , beginning on 04 - 14 - 13 (month, day, year) and ending 05 - l 3 - 2013 * Either party may cancel this agreement without cause upon 00-day g (the Lease Term }, advance written notice. This lease is contingent on appropriation by the (month, day, year} Monroe County Board of County Commissioners. 4. RENT PAYMENTS, TAXES AND CHARGES, Tenant shall pay total rent in the amount of $ 950.00 taxes) for the Lease Term, The rent shall be payable by Tenant in advance ❑ in installments. if in installments, rent shall be payable ® monthly, on the f 4th 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. El in full on (date) in the amount of $ (excluding Tenant shall also be obligated to pay taxes on the rent when applicable in the amount of $ 0-00 ❑with 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 OR rent is paid in installments, the total payment per Installment including taxes shall be in the amount of $ 950.00 ❑ If rent is paid in full, the total payment including taxes shall be in the amount of $ Landlord will be paid in accordance with the Florid Local Government Prompt Payment Act. Landlord shall submit monthly invoices to Tenant at feast 20 days in advance of the date on which rent is payable. Landlord () ) and Tenant ) acknowledge receipt of a copy of this page which is Page 1 of S RLHD-2 10100 Approved for use under rule 14T2.1(a) of The Rules Regulating The Florida Bar All rent payments shall be payable to Seash.ime 11 LLC fname) at 3 N1. Conch A.ve., Conch Key, Marathon, FL 33050 (address) .(If left blank, to Landlord at Landlord's address). FlIf 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 through n the amount of $ and shall be due on fdatel (date) (If rent paid monthly, prorate on a 30 day months} (datp) Tenant shall make rent payments required under the Lease by (choose all applicable)Elcash, [personal check, M money order, Elcashier's check, or0other 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 Tenantg1to pay all future payments by0money order cashier's check or official bank check or0cash or other (specify) and Who pay bad check fees in the amount of $ 25.00 (not to exceed the amount prescribed by Florida Statutes section 68,065). 5. MONEY DUE PRIOR TO OCCUPANCY. Tenant shall pay the sum of $ 950.00 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 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 Seashime 11 LLC (name) at 3 N. Conch Ave., Conch Key, Marathon, FL 33050 (address) First W1 month's M week's rent plus applicable taxes Prorated rent plus applicable taxes Advance rent for Elmonth F-1week of plus applicable taxes Last El month's Oweek's rent plus applicable taxes Security deposit Additional security deposit Security deposit for homeowner's association Other Other $ 950.00 due 04-1.4-2013 $ —due $ 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 $ 0.00 for each rent payment made NIA 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 E1mayW1 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, type(s), breed, maximum adult weight of pets.) 8. NOTICES. __ is Landlord's Agent. All notices must be sent to: Seashime 1.1 LLC WILandlord (name) at 3 N. Conch Ave., Conch Key, Marathon.,., FL 33050 .................. faddress) OLandlord's Agent (name) at auu"� �) 4 Landlord and Tenant (J4;C �_) acknowledge receipt of a copy of this page which is Page 2 of 6 RLHD-2 10/00 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 , that Landlord agrees to provide at Landlord's expense. 10. MAINTENANCE. Landlord shall be responsible for compliance with Section 88.51, 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 windows screens __ _ __._......... steps doors floors ------.porches exterior walls _foundations ____plumbing structural components heating hot water running water locks and keys electrical system cooling detection devices garbage removal/outside receptacles extermination of rats, mice, roaches, ants and bedbugs extermination of wood -destroying organisms -lawn/shrubbery pool/spa/hat tub water treatment ___ __ filters(specify) Other (specify) Tenant shall notify Ed Buxton (name) and ceilings interior walls at 3 N. Conch Ave., Conch.Key, marathon, FL 33050 (address) (561) 704-0767 (telephone number) of maintenance and repair requests. 11. ASSIGNMENT. Tenant J may W 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 0 # 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 areas/facilities: D # of keys to N/A D # of remote controls to N/A D # of electronic cards to N/A other (specify) to At end of Lease Term, all items specified in this Paragraph shall be returned to (name) at w._ (If left blank, Landlord at Landlords address). (address) 13. LEAD -BASED PAINT. LJ Check and complete if the dwelling was built before January 1, 1978 Lead warning Statement Dousing 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 Qi and Tenant acknowledge receipt of a copy of this page which is Page 3 of 6 RLHD-2 10/00 ar 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 (i) or (ii) below): i _Known lead -based paint and/or lead -based paint hazards are present in the housing (explain). „wLessor 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). 00 ...___Lessor has no reports or records pertaining to lead -based paint and/or lead -based paint hazards in the housing. Lessee's Acknowledgment (initial) mmmmmmc} Lessee has received copies of all information listed above. Lessee has received the pamphlet Protect Your Family From Lead in Your Home. 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 Date Lessee Date Lessee Date Agent Date Agent Date 4. MILITARY/U.S. CIVIL SERVICE. MCheck 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. LANDLORDS ACCESS TO THE PREMISES. As provided in Chapter 83, Part ll, 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. . 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. HOMEOWNER'S 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 byEl Landlord E]Tenant and is[] refundable Elnonrefundable. If such approval is not obtained prior to commencement of Lease Terra, 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.F1 Landlord E] Tenant shall pay the security deposit required by the association, if applicable. Landlord G14-) ) and Tenant acknowledge receipt of a copy of this page which is Page 4 of 6 RLI- D-2 10/00 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 Landlords 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 LOSVINSURANCE. 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. 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 Tenants request that the Lease does not allow any liens to attach to Landlord's interest. 22. RENEWAL1EXTENSION. The Lease can be renewed or extended only by a written agreement signed by both Landlord and Tenant, AmwXXX"XX )(1)(K)0A 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. O. 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. Landlord »° and Tenant } acknowledge receipt of a copy of this page which is Page 5 of 6 RLHD-2 10/00 Approved for use under rule 10-2.1(a) of The Rules Regulating The Florida Bar 27. BROKERS' COMMISSION.[:] Check and complete if applicable. The brokerage companies named below will be paid the com- mission set forth in this Paragraph bye Landlord E]Tenant for procuring a tenant for this transaction. Real Estate Licensee Real Estate Brokerage Company Commission 28. EXECUTION. Executed by Landlord Landlo"O's Signature .......... . tawald B6xton Executed by Tenant Callahan, Monroe County Fire Chief This form was completed with the assistance of: Name of Individual: Name of Business: Address: Telephone Number: Real Estate Licensee Real Estate Brokerage Company Commission Date "51c - 3 41` Date Date Date MONROE COUN"FY ATTORNEY A 'FROVE;D AS',, 0 R YN THIA L, L L ALL # ASSIS.ANT COUNTY AT L NEY m. Landlord (-,—) ( C4( —) and Tenant i(?�C —) acknowledge receipt of a copy of this page which is Page 6 of 6 RLHD-2 10/00 Approved for use under rule 10-2. 1 (a) of The Rules Regulating The Florida Bar