Item C01BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MeetIngDate,M_q20,_2015 Division: Public Works[En-yineerin
Bulk Item: Yes x No — Departnient:—Eacililies Maintenance
Contact Person/Phone #: Kevin Wilson 305 453-8797
AGENDA ITEM WORDING: Approval to enter into a one -year's residential lease agreement
commencing June 1, 2015 with a County Employee for Location E.
ITEM BACKGROUND: This County employee has been leasi-ig this Location E since June 01, 2011.
PREVIOUS RELEVANT BOCC ACTION: At the March 18, 2011 BOCC meeting the BOCC
approved a Policy for Use of Residential HOLISing on County -Owned Property. On the May 18, 2011,
May 16,20121, May 15, 20Band May 21, 2014 meetings the BOCC approved a one year's residential
lease agreement with same County Employee for Location E.
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATIONS: Approval
TOTAL COST: -0- INDIRECT COST: BUDGETED: Yes —No,
DIFFERENTIAL OF LOCAL PREFERE NCE:
COST TO COUNTY: same SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No _ AMOUNT PER MONTH $550.00 Year $6.600.00
APPROVED BY: County Atty vy OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required__
ffualEmllmnk
Revised 1/09
AGENDA ITEM
MEMO RAND Ulf
DATE: March 25, 2015
TO: Kevin Wilson, Public Works Division Director
FROW Robert Glassmer, Plantation Key, Public Works/Engineering Facilities
by Alice Steryou; Contract Monitor Public Works/Engirrecring Facilities
RE, Agenda Item — May 20, 2015 BOCC Meeting
County Employee Residential Lease Unit A, Location E
Pursuant to the Policy for use of residential housing on County -owned property approved
by the BOCC at the March 16, 2011 meeting, this location was advertised to County
employees on March 23, 2011 and an Upper Keys Public Works employee had applied for
and was approved.
I hereby request approval to enter into a one-year residential lease agreement with a
Monroe County employee to reside in Unit A at Location E. This employee has been
leasing this Unit A ., Location E since June 01, 2011.
Enclosures
MONROE COUNTY BOARD OF COUNTY COMMISSIONEAS
CONTRACT SUMMARY
Contract with: County Employee Contract #
Effective Date: June 1, 2015
Expiration Date: May 31, 2016
Contract Purpose/Description:
Residential lease with Monroe County employee (Julio MD11ineda) at Location E,
knoNvn as Unit A of the duplex facility located at 382 Caribbean Drive, Key Largo,
Contract Manager: -AliceSteryou 4549 Facilities Maint'Stop #1
(Name) (Ext.) (Department/Stop #)
I.for BOCC.meeting on 05/20/15 Agenda Deadline: 05105115
CONTRACT COSTSIRLEVENUE
Total Dollar Value of Contract: $ 6,600.00 Current Year Portion: $
Budgeted? Yes X No Account Codes: —i4i'7 3&' o I
Grant: $ Nt/A
County Match: $ N/A
ADDITIONAL COSTS
Estimated Ongoing Costs. $ /yr For -
(Not included in dollar value above) (eg. niaintenance, utilities, janitorial, so
CONTRACTREVIEW
UK@=
etc.
Changes
Date Out
Division Director
Date, In
qj
Needed Reviewer
YeSR NoEr P:� AAy7=
q1131i
Risk Management
N F—I
Yesf O_j
L
O.M.B./Purchasing
Yes[] No Vau,"- 4c�v
County Attorney
Yes[:] N
I Cornments:
JM B Forill KOVISed 212 IM I MUP 4-2
COUINTY-OWNED PROPERTY RESIDENTIAL LEASE
(EMPLO'VEE)
This Agreement is niade and entered into on this day of 2015 by
the parties, MONROE COUNTY, a political subdivision of the State of Florida, whose addres4, is I 100
Simonton Street, Key West, Florida 33040. ("County" or -Lessor"), and JULIO MOLLINEDA, a single
person, and Monroe County Employee, ("Lessee").
WITNESSETIL
WHEREAS, the County owns a residential duplex premises ("premises-) situated at 382
Caribbean Drive, Key Largo, Monroe County, Florida, and
WHERE,fkS, the County has decided that at the present time it is in the County's best interest to
enter into a lease,,N-ith the Lessee upon the terms and conditions as contained hcrein, and
WHFR-EAS, the Lessee is desirous of." leasing the Premises from County on the tcnns and
conditions as contained herein;
Now, therefore, the parties agr
ee gree as follows:
1. PROPERTY. County leases to the Lessee the premises located at Unit A of the Duplex facili I ity
located 382 Caribbean Drive, Key Largo, (previously the Mar property) and more particularly described
as Unit. B, 1-ots 3-16 and "A"27, Port Largo 4'11 Addition, Key Larg-o. 14onroe County, Florida (RE
'00453474-000326)
z. TERM . The term of this agreement is one year coi-nir-encin _g on June 1, 2015 and running
through Nvlay 31, 2016. There is no automatic renewal of this agreement. The tenant shall have the
option to renew the lease as long as the terms of the lease are met. In the event that tile Lessee does not
vacate the premises and surrender them to the County upon term.nation cot` this; Agreement, Lessee will
be liable for rent at a rate of S20.00 (Twenty Dollars) per square lbot per month prorated for the time
he/she contillUeS to OCCUPY the property. as well as County's expenses and reasonable attorney fees in.
obtaining possession of the property`,
3. USE. The premises shall be used solely for the puiliose of residential premises. If the prernises
are used For any other Purpose, the County shall have the Option of immediately ten-ninating this
agreement. The Lessee shall not permit any tise of the premises in any manner that would obstruct or
interfere With Uny County function or duties.
Thl- Lessee wilt further use and occupy said premises in a careful and proper mariner, and not
commiL any waste thereon. The Lessee shall not cause, or allowed to be caused, anv nuisance or
objectionable -activity of any nature on the premises, The Lessee: will not use or occupy said premises for
any unlawful purpose and will, at the Lessee's sole cost and expense, conform to and obey any present or
future ordiri'mices and/or rules, regufations, requirements and orders of governmental authorities or
agencies respocting the use and OCCUpation or said premises.
Lessee covenants and aorees that he or she will, during the terni of the I -case, keep the premises
in a good state of repair and in the current condition, Lind that upon the expiration of the lease lie or she
will return the premises to the same good state of repair as when he or she moved into the premises,
Counti-0--ed Properry Rvs(defitial 1.e.-ase
(Ern ployee)
The Lessee agrees that only his or her irmilediate family or an approved roorm-nate shall Occupy
the premises,
J'he Lessee aLgrces to clean the premises at the end of the lease and to return it to the sarne
condition that it was in when the Lessee accepted the house,, The Lessee agrees to pay any fees that the
County incurs to clean the premises if necessary after the Lessee vacates the premises,
4. RENT AND SECIRITV DEPOSIT. For the use Of thO premises, the Lessee shall pay the
County the current rent of FIVE HUNDRED FIFTY AND NO/I 00 Dollars (S.550.00) per month, said
payment due on the. first day of the month, The Lessee shall pay a security deposit in the amount equal to
one months rcrit to the County prior to occupancy, 'The morithly payment shall be remitted to the Mon -roe
County Clerk of Courts. Finance Department, 500 Whitehead Street, Key West. F'L 33040.
5, UTILITIES. The Lessee shall pay for the utilities including water, sewer/septic. electricity and
solid waste collection. The cost of connections for the above described utilitieq shall be at the expense of
the C(DUnty.
The Lessee shall arrange for and provide residential electric service, telephone service, and cable
television service, at his or her o The coo st fcotion nnecs liar residential telephone service
I . wil expense.
and cable television service shall be paid for by the Lessee,
6. JET
Upon the payment by F.F.SSEE of the rents provided, and upon the
observation and performance of' all the covenants, terms and conditions on LESSEE'S part to be
observed and performed, LESSEE shall peacefully and quietly hold and enjoy the SUbJect premises for
the term hereby dernised without hindrance or interruption by LESSOR or any other persort, or persons
lawfully Or CqUilably claiming by, through or under LESSOR, SubJ CCL, nevertheless, to the terms of the
lease.
7. ASSIGNMENT AND SLI"BLETTING, This lease may not be sold, transf"erred, or assianed in
full or part WithOLIt the written permission col` LESSOR. Any purported assignment without such prior
written consent shall be null and void. LESSE,E shall not have the right to sublet this lease or any portion
ofthis lease or property,
S. DEFAULTS. In the event tha, I-ESSEE fails. within thirty (30) days afier notice- Lo cure any
detault of any obligations owed by LESSEE to LESSOR under this Lease /\fTr_1reernent then, inthat event"
LESSOR shall have the right to terminate this Lease Agreement and to enter Upon the leased premises
and again have, repossess and enjoy the same as if this Lease Agreement had not been made,
C7
9, 'TERMINATION BY C(lUNTV. This Ag reement may _!)e terminated before the expiration of
a orieyear term, with or without cause and in tile sole discretion 017 tile County. upon
a) 60 days written notice by the County to the Lessee.
b) 30 days written notice by the County to the Lessee when;
i) The lessee- Fails to timely pay the County the amount described in this Agreement
or fails to obtain or to keep telephone service as required under this Agreement,
ons any interest without the, required
ii) The Lessee leases the premises or assiL_
consent under this agreement,
c , ) 15 days notice by the County to the Lessee in an emergency situation.
COU10:y-OWIled PT-Uileflv R(nid(1nVJ;'fl Lea�,e
(Fmployce)
10' TERMINATION BY' LESSEE. The Lessee may lennitiate this Agreement upon 15 days
notice by the Lessee to the County in an emergency situation.
11, INSURANCE AND HOLD HARMLESS. The Lessee agrees to carry $10.000 (Ten Thousand
Dollars) in personal liability coverage on the premises and shall provide evidence thereof by Certificate
of Insurance. Lessee will notify County upon receipt of any notice of reduction or termination of such
insurance, and shall Immediately obtainreplacement insurance.
Notwithstanding any minimum insurance requirements prescribed elsewhere in this affeement,
Lessee shall defend, inden-inify and hold the COUNTY and the COUNTY's elected and appointed
officers and employees harmless from and against (i) any claims, actions or causes of action. (ii) any
litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of
in ury (including death), loss, damage. fine, penalty or business interruption, and (iii) any costs Or
expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by
reason of, or in connection with, (A) any activity of Lessee or any of its employees, agents, contractors or
other invitees an the Premises during the term of this Agreement, (B) the negligence or willful
misconduct of Lessee or any of its employees, agents, contractors or other invitees, or (C) Lessee's
MEWIt in respect of any of the obligations that it undertakes Linder the terms of this lease, except to the
extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the County or ally of its employees, agents, contractors
or invitees (other than Lessee). Insofar as the claims, actions, causes of action, litigation, proceedmos,
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 ofthis lease or any earlier termination of this lease.
DAMAGE TO ANIMALS OR PLANT,", ITV PET(S) "I"he Lessee shall have sole
responsibility for any damage, harm, nuisance, claim or other liability which arises as result of the
Lessce(s) keeping, pets or other animals on the premises, including the parking area upon which the rental
premises is situated. This provision especially applies to the tAing of endangered or threatened species
of animals as a result of the action of the Lessee's pets}. Lessee shall maintain proper restraint
Safeguards to ensure against takings and shall be solely liable for takings which occur: regardless of` the:
degree of care the Lessee has exercised to prevent any takings. Any repairs shall be paid for by the lessee
within thirty (30) days of being given notice by the County of the cost of the damages.
ALTERATIONS AND/OR MODIFICATIONS. If the Lessee wishes to inake any
modifications or alterations to the premises he/she must first make the request in writing to the County,
and receive written permission from the Division Director of Monroe County Public Works prior to
making any aherations and/or modifications.
14, NOTICE. Notices in this Agreement, unless otherwise specified, tnUst be sent by certified mail
to the following:
L,
For the County For the
Kevin Wilson, Division Director si g i i a pr"Q /o 'essee
Engineering/Public Works
" Caribbean Drive, [Jnit A
1100 A
Simonton Street, #2-216 7) 4
Key West, FL Key Largo, FL
Telephone. (305) 4553-8797 'reiephone. (305) 996-0039
COIA[ItY-Owned Property Re,'idencial 1,oase
(Employee)
15. ATTACHMENTS. The following documents are requird to be attached to this At
a') III BIT A: Letter firorn Lessee's Department Head recommending Lessee and approved
by Division Director permitting Lessee to execute Agreement.
L
b') EXHIBIT B: Certificate of Liability Insurance
This Agreement shall not be effective until signing by all parties and by attaching all fully
completed Exhibits to the Agreement.
16. WHOLE CONTRACT AND WAIVER, Ti-ils Agreement is the whole Agreement between
the parties, and no prior or contemporaneous oral or written communications are part of the Agreement.
I fthe County waives any hreach of the contract, that waiver shall not waive the covenant or conditions
breached nor any later breach of any or part of the contract.
17, MODIFICATIONS. IT the Lessee wishes to make any modifications or alterations to the
premise;, he.'she mus! t-irst make the request in writingL to the County, and receive permission [7rom the
7 Division Director of Public Works r)rioi- to makiriLy anv alteralion',.
19. GOVERNING LAWS/VENUE. This Agreement shall be governed by the laws of the State of
Florida and the United States. Venue r any dispute arising under this agreement must be in Monroe
County, Florida. The County and Lessee specifically agree that neither the provisions of Chapter 733,
Florida Statutes (Mobile Florae Park Lot Tenancies) nor the provisions of Chapter 513, Mobile. Home and
Recreational Vehicle Parks) are to be applied as governing this Agreement or use as constructing
provisions of this Agreement.
19, ATTORNEYS FEES. Should any cause of action or administrative proceeding arise out of
this tease in connection with the enforcerrient, or interpretation of this lease between LESSOR and
LFSSEE, 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. Mediation proceeding initiated
J= CD
and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
Procedure and usual and CU.StOrnary procedures required by the Sixteenth Judicial Circuit in and For
Monroe County, Florida.
10, MEDIATION. -t'he parties agree to mediate any diSPLACS under this a4,recrrient, and further
agree that they will not arbitrate any disputes,
'2 1 SEVERABILITY. If any term or provision of this Agreement shall to any extent he held
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining tenet arid provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
22. ABANDONMENT, [f at any time during the term of this Agreement Lessee abandons the
Premises or any part thereof, County rnay, at C01.111tv's option, obtain possession of the Premises in the
manner provided by law, without becoming liable ro Lessee for damages or for any payment of any kind
whatever. County may, at County's discretion. as agent for Lessee, relet the Premises. or any part
thereof, for the whole or any part thereof", for the whole or any part of the then unexpired term, and may,
receive and collect all rent payable by virtue ol'such reletting, and, at County's option, hold Lessee liable
for any difference between the rent that would have been payable under this Agreement daring the
balance of the unexpired term, if this Agrcernent had continued in force, and the net rent for such period
realized by County by means (if such reletting. If County's right of reentry is exercised following
abandonment of the, Premises by Lessee, then County shalt consider any personal property belonging to
Cotin(y-Gwited Pmperty Residenba[ Eease
fFniployee)
Lessee and teft on the Premises to also have been abandoned, in which case County rnay dispose of all
such personal property in any rilanner County shall deem proper and County is hereby relieved of all
liability for doing so,
23 HAZARDOU S MATE RI A LS, Lessee shall riot keep on the Premises any item of a dangerous,
flammable or explosive character that might unreasonably increase the danger of fire or explosion on the
Pren-iises or that might be considered hazardous or extra hazardous by any responsible insurance
company,
24. INSPECTION OF PREMISES, County and County's agents shall have the right at all
reasonable tunes during the term ofthis Agreement and any renewal thereof to enter the Promises for the
purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of'
making any repairs, additions or alterations as may be deemed appropriate by County for the preservation
of the Premises or the building. County and its agents, shall further have the right to exhibit the Premises
and to display the usual "for ; alc", "for rent" or "vacancy" signs or,, the Prernises at any lirne within forty-
five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose
of removing placards, signs, fixtures, alterations or additions that do not conform to this Agreement or to
any restrictions, rules or regulations affecting the Premises.
25. RADON AS, Notice to prospective lessee: Radon is a naturally occurring radioactive gas
ZD
that, when it has acCUITILIlated in a building in sufficient quantities. may present health risks to persons
who are exposed to it over time Levels of radon that exceed federal and state guidelines have been found
in buildings in this state. Additional information regarding radon and radon testing may be obtained firom
a County public health department,
26. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Agreement
and will riot be used in the interpretation of any provision of this Agreenaent.
27, MUT UAL REVIEW. This agreement has been carefully reviewed by I.,.ES'.'5EE and LESSOR,
therefore this aoreernent is not to be construed against. either party on the basis of authorship,
L,
INN WITNESS WHEREOF, the parties hereto have been executed this Agreement as of the date
First written above.
Attest: MY HEAVILIN, CLERK
By:
Deputy/Clerk
WITN SSES 6 - LFISSEE:
(OVCZ
116, i� Name
�0111 �1 L Ll -C
P613'L Name—
Ccjuilty-Owiwd ProptIrty Residennai [,ease
(Fmployee)
BOARD 01"COU-NTY C01VINIISSIONERS
OF MONROE COUNTY, FLORIDA
M
Mayor
1),Ii vorsijl PtQPI!rtV WId C'jNLJWY WSUMPCO C UMpany
,sIo, unlvernal Rick Advisors
11113 W. Cotr—e?rciaf Blvd Suite 300
Fort Lauderc �. Ft_ 33309
Toll Free: Fiil;- Q5-9113
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We Wdl provide the inSufailce described in this policy in return for the praimiurn And Compliance with U applicable prijvIslons
,A lhis. polrcy. If we elect to confinue this insurance, we vvlll renew this ivltcy J pm ony the raq1grod renewal prem(tim for ea"
iuCces'Slve OCIK-� DOrl0d '31AIDTrt to Our oferntums, riiir�q and ff,.rrrs than I aH ci YOU I-ruSt Pay 'is Prior to the end ,I the
current PuW'y rieflod of else this voitcy will kxvire.
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COVERAGES - ;F-c rIoN i ''IMITS PREMIUMS COVERAGES - SECTION if LtMrrS eIr E�.IiUa.IS
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Section I coverages subject to a minimum Wind Excluded hurricane deductible per c3ienclar year.
.,)Qd coverage is not provided by Universal Property and Casujoty (risurI(It' Ili 'ind is not mart of this ootToy,
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Cio UT11Vftr-_j1 Risk Advisors Declaration EHective
11113 W. Cummercini Blvd Suple 1110 '10
Fort Lauderdale. FL MQ19
TuP 'Free: 300-425-9113
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LAW AND ORDINANCE U'OVF-RA(-Jc-: IS AN IMPORTANT COVERAGE THAT
YOU MAY WISH TO PURCHASE. YOU MAY ALSO NEED TO CONSIDER
THE PURCHASE OF FLOOD NSURANCE FROM THE NATIONAL 'FLOOD
INSURANCE PROGRAM. WITHi - )UT THIS COVERAGE, YOU MAY HAVE
UNCOVERED LOSSES, PLEAS LE DISCUSS THESE COVERAGES WITH
YOUR INSURANCE AGENT,
1.11 C-11 I