Item C02BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting late: May.Zo 015 Z_ Division: Public Works/E
Bulk Item: Yes x No Department: Facilities Maintenance
Contact PersoniPhone #: Kevin Wilson') )05 453-8797
AGENDA ITEM WORDING: Approval to enter into a one -year's residential lease agreement
commencing June 1, 2015 with a County Employee for Location F.
ITEM BACKGROUND: This County employee has been leasing this Location F since June 01, 2011,
PREVIOUS RELEVANT BOCC ACTION: At the March 18, 2011 BOCC meeting the BOCC
approved a Policy for Use of Residential, Housing on County -Owned Property. At the March 18, 2011
BOCC meeting the BOCC approved a Policy for Use of Residential Housing on County -Owned
Property, On the May 18, 2011, May 16, 2012, May 15, 2013 and May 21, 2014 meetings the BOCC
approved atone year's residential lease agreement with same County Employee for Location F.
CONTRA CT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATIONS: Approval
N-DIKIlIff"N i 11 j 1, j -10 a
COST TO COUNTY:
113
A-PPROVED BY: County
I
Revised 1/09
EM3=
BUDGETED: Yes No
Yes X No—AMOUNTPER MONTH $550.00 Year$6600.00
Atty!-z"," OMB/Purchasing — Risk Management
Included X Not Required
AGENDAITEM#
M E M 0 R A N D U M
DATE: March 25, 2015
TO; Kevin Wilson, Public Works Division Director
FROM: Robert Glassmer, Plantation Key, Public Works/Engineering Facilities
by Alice Steryou; Contract Monitor Public Works/Eng in i eering Facilities
RE: Agenda Item — May 2 0, 2015 BOC C Meeting
County Employee Residential lease Unit B, Location F
Pursuant to the Policy for use or 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), 21011 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 B at Location F. This employee has been
leasing this Unit B, Location F since June 01, 2011.
11M
MmEffelm.
CONTRACTSUMMARY
Contract with: County Employee Contract 4
Effective Date: June 1, 2015
Expiration Date: May 31, 2016
Contract Purpose/Description:
Residential lease with Monroe County employee (Troy Oliver) at Location F,, known as
Unit B e, Key Largo.
Contract Manager: - Alice Steryou 4549 Facilities Main /Stop #1
(Name) (Ext.) (Department/Stop
for BOCC meeting on 05/20/15 Agenda Deadline: 05105115
CONTRACT COSTS/IZEVENUE
`Fota,l Dollar Value of Contract: $ 6,600.00 Current Year Portion: 2,200.00
Budgeted? Yes X No Account Codes:— Lq7 2- eLoe6
Grant: $ N/A
County Match: $ N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: /yr For. -
(Not included in dollar value above) (eg. maintenance, Lifil ities, janitorial, salaries, etc.
CONTRACT` REVIEW
Changes Date Out
Date In Needed eviewer
Division Director YesE]Noo
Risk Management I M Yes:] NoE`
'O.M.B./Purchasing Yes [—]NoF
County Attorney Yes[] No
Comments:
UIVID rorlil 11Wv1sco -/1Z 11ki 1 NR-r n i
COUNTY -OWNED PROPERTY RESIDENTIAL LEASE
(EMPLOYEE)
This Agreement is made and entered into on this --- day of _. 2015 by
the parties, MONROF COUNTY, a political subdivision of (lie date of Florida, wh'-oscaddress is I tOO
Simonton Street, Key West, Florida 33(40. ("County" or "Lessor-), and TROY D. OLIVER, a single
person, and Monroe County Employee, (-'Lessee"').
WITNFSSETII:
WHEREAS, the County owns a residential duplex premises ("premises") situated at 382
Caribbean Drive, Key Largo, Monroe County, Florida, and
WHEREAS, the County has decided that at the present time It is in the County's best interest to
enter into a lease with the Lessee upon tine terms and conditions as contained herein; and
WHERI-AS, the Lessee is desirous of leasing the Premises frorn County on the terms and
conditions as contained herein,
N<-,)%v, therefore, the parties agree as follows:
C,
I . PROPERTY. County leases to the fressec the premises located at Unit B of the Duplex facility
located 382 Caribbean Drive, Key Largo. (previously the Mar property) and more particularly described
as Unit B, Lots 3326 and 327, Port Largo 4'' Addition, Key Largo, Monroe County, t"lorida (RE
400-453474-M0326).
TERM. Fhe term of this agreement is one year commencing on June 1, 2015 and running
M throuoh ay 31, 2016. rhere is no automatic renewal of this agreement. J' he tenant shall have the
option to renew the lease as long as the terms of the lease are met, [n the event that the Lessee does not
vacate the premises and surrender them to the County upon termination of this Agreement. Lessee wilt
be liable for rent at a rate or S20,00 (-twenty Dollars - ) per square foot per month prorated for the time
he/she continues to occupy the property, as well as Countys expenses and reasonable attorney tees in
obtaining possession of the property,
1 USE. The premises shall be used solely for the purpose of residential premises. If tne premises
are used for any other purpose, the County shall have the option of immediately terminating this
agreement, 'The Lessee shall not permit any use of the premises in any manner that would obstruct or
interfere with any County function or duties,
' The Lessee will further use and occupy said premises in a careful and proper manner, and not
corlimit any waste thereon. The; Lessee shall not cause, or allowed to be CMIsecl, any 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 ordinances and/or rules, regulations, requirements and orders of oovernmental authorities or
agencies respecting the use and occupation of said premises.
Lessee covenants and agrees than lie or she will, during the term. of the Lease. keep the premises
in a good state of repair and in the current condition, and that UP0171 the expiration of the lease he or she
vvill return the premises to the same good state of repair as when he or she moved into the preniiises,
CounLy-Owned Property ResidentW Lease
(Fmployee)
The Lessee agrees that only his or her inimediate tamily or an approved roommate shall Occupy
the; premises.
The Lessee agrees to clean the premises at the end of the lease and to return it to the same
condition that it was in when the Lessee accepted the house. The Lessee agrees to pay any fees that the
C,
County incurs to clean the premises if necessary after the Lessee vacates the premises.
4, RENT AND SECURITY DEPOSIT. For the use of the prennises, the Lessee shall pay the
County the current rent of FIVE HUNDRED FIFTY AND NO/100 Dollars ($550.00) per month, said.
payment due on the First day of the month. The Lessee shall pay as security deposit in the amount equal to
one months rent to the County prior to occupancy. The monthly payment shall be remitted to the Monroe
County Clerk ofCoarts, Finance Deparurient, 500 Whitehead Street. Key West- FL _333040.
5. UTILITIES. The Lessee shall pay for the utilities including, water, sewer/septic, electricity and
so] id waste collection, The cost of connections for the above described utilities shall be at the expense of
the County.
The Lessee shall arrange for and provide residential electric
service, telephone service, and cable
television service, at his or [let- own expense, The cost of coruiections for residential telephone service
and cable te1cvision set -vice shall be paid for by the Lessee,
6. QUIET ENJOVMENT. L' �pon the SSE
payment by LEE Of tile rents provided, and upon the
observation and performance of all the covenants, terms and conditions on LESSEES part to be
observed and performed, LESSEE shall peacefully and quietly hold and enJoy the subject premises for
the term herl-by demised without hindrance or interruption by LESSOR or any other person or persons,
lawfuliv Or ecuitably claiming by, through Or under LESSOR, subject, nevertheless,
lease. I L_ I I heleis. to the terms of the
T ASSIGNMENT AND SUBLETTING. This lease may riot be sold. trans tcr-red. or assigned in
full or part without the written permission of LESSOR. Any purported assignment without such prior
written consent shall be nult a-i-id void. LESSEE shall not have the right to, sublet this lease or any portion
of this lease or property.
8DEFAULTS, In the event that LESSEE fails, within thir-ty (30) days after notice, to cure any
default of any obligations owed by LL,SSFE,1 to LESSOR under this Lease Agreement then, in that event'.
LESSOR shall have the right to terminate this Lease Agreement and to enter upon the leased premises
and again have, repossess and erjjwy the same as if this.Le�ase Agreement had not been rnade
9, TERMINATION BY_CO3,UNTY. This Agreement n-tay be terminated before the expiration of
a one year term, with or without cause and in the sole discretion of tile County, upon
a) Cr0 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 Aoreement
or fails to Obtain or to keep telephone se --Vice as required under this Agreement;
i i ) The Lessee leases the premises or assigr.,.s anv interest without the required
consent under this agreement;
C) 15 days notice by the County to the Lessee in an emergency situation.
ProperLv Resklumij] lx�me -2 -
(Eniployee)
I ()�, TERMINATION BY LESS�EE. The Lessee may terminate this Agreement Lipon 15 days
notice by the Lessee to the County in an ernergency situatioti.
I L INSUFLkNCE AND HOLD HARMLESS. 1 lie I -essee agrees to carry s i o,000 (l'en'rhousand
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 obtain replacement illAtrance,
Notwithstanding any niiniMU111 insurance rQquirernents prescribed elsewhere- in this agreement,
Lessee shall defend, indeninify and hold the, COLMY and the COUNTY's elected and appointed
officers and employees harmless from and against (i) any clairns, actions or causes of action, (ii) any
litigation, administrative proceedings, appellate proccedings, or other proceedings relating to any lype of
iqjury (including death), loss, damage, fine, penalty or business interruption. and (iii) any costs, or
expenses that may be asserteci 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 ernployees, agents, contractors or
other invitees on tile Premises during the term of this Agrectnent, (B) the negligence or willful
iniscondUct ()f J.'eSSee or any of its employees, agents, contractors or other invitees, or (C) Lessee's
&,filUft in respect ofany of the obligations that it undertakes tinder the terms o,l'th!is lease, except to the
extent the claiais, actions, causes of action, litigation, proceedings, costs or expenses arise f1om, the
intentional Or sole negligent acts or omissions of the C,'OUnty or any ofits employees, agents, contractors
or invitees (other than Lessee(. Insofar as the clainis, actions, causes, of action, litigation, proceedings,
costs or expenses rel'late to events or circurnstances that cwcur during the terni of' this lease, this section
will survive the expiration of the term ofthis lease or any earlier terniination of this lease.
11 DAMAGE Tod NIMALS OR PLAN-rs yy iF.,rfs) the Lessee shatl have sole
responsibility for a), daniage, harm, nuisance, clairn or other liability which arises as result of the
Lessec(s) keeping pets or other aninials on the premises, inClUding the parking area upon which the rental
premises is situated. This provision especially applies to the taking, of endangered or, threatened species
of aninials, as a result of the action of the Lcssees pet(s). Lessee shall maintain proper restraint
stliegUards 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 lbr by the lessee
withinthirty (30) days cal' being; given notice by the Cc)unty ref the cost of (lie damages.
4�1
13 AUrERATIONS AND/OR MODIFICATIONS, If the Lessee wishes to make any
modifications or alterations to the premises hekshe niust first make the request in writing to the County,
and receive kvritten permission from the Division Director of Monroe COUnty Public Works prior to
making any al-,erations and/or modifications.
14, NOTICE. Notices in this Agreement, unless otherwise specif-lied, merest be sent by cenified mail
to the following:
For the CounLv: For the Le e
Kevin Wilson, Division Director
y 'e` of' Lessee
Engineering/Pubfic Works
1100 Sit ionton Street, #2-216 382 Caribbean Drive, Unit A
Key West, FL Key.Largo, FL
Telephone: (305) 453,-8797 Telephone: (305) 996-00,39
C'0Uf1tY-0W1Wd Proptlrty ResidentLfl W;mse
(EknPloyee)
ATTACIINMENTS, The following documents are reqUd to be attached to this Agreement:
a) EXHIBIT A: Letter From Lessee's Department Head recommending Lessee and approved
by Division Director permitting Lessee to exccute Agreement.
b) E'XHIBIT13: 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, 'This AL-reerrient is the whole Agreement between
the parties, and no prior or conteniporaneOUS oral or written communications are part of the Agreement.
If the County waives any breach 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. MO ' DWICATIONS. If the e
Lessee wishes to make a,-iy modifications or alterations to th
premises, he/she must First make the request in writing to the County, and receive penuission from the
Division Director of Public Works prior to making any alterations,
18. GOVERNING LAWS/VENUE. This Agreement shall be governed by the laws of the State (IF
Florida and the United States. Venue. for any dispute arising under this aOrreement must be in Mortroe
County, Florida. The County and Lessee speciFically agree that neither the provisions of Chapter 733,
Florida Statut--s (Mobile Home Park Lot Tenancies) nor the provisions of Chapter 513, Mobile Home and
Recreational Vehicle Parks) are to be applied as ooverning this Agreement or use as constructino
provisions of this Agreement,
19. ATTORNEYS FEES. Should any cause of action or adi-ninistrative prkweeding arise out of
this lease in connection with the enforcement or interpretation of this lease between LESSOR and
LESSEE, the prevailing party shall be entitled to reasonable attorneys fees, court costs, investigative,
and out investigative,
-of-pocket expenses, as an award against the non-prevai lint, party. Mediation proceeding, initiated
and conducted pursuant to this Agreement shall be in accordance with the Florida RU1,e,-, Of Civil
Procedure and usual and customary procedures required by the Sixteenth Judicial Circuit. in and for
Nionroe County, Florida.
0f MEDIATION. -['he pal -ties allz:�'ree to niediate any disputes under this agreement, and further
agree that they will not arbitrate any disputes,
I SEVERABILITY. If any term or provision of this Agreement shall to any extent be held
invalid Or Line nfo re cable, the remainder of this Agreement shall not: be affected thereby, and each
remaining tenirl and provision of this Agreement shall be valid and enforceable to the fullest extent
pel,i-,nittcd by law.
22. ABANDONMENT. If at any time during the term of this Agreement Lessee abandons the C� , Z.�
Premises or aily part, thei%lof, County may, at County's Option, obtain possession of the Premises in the
rriamier provided by law, without beconji g liable to Lessee for damages or for any payment of any kind
n L_ - I
whatever. County rilay, at County's discretion, as agent for Lessee, relet the Premises, or any part
thereof, for the whole or any part thereol, for the whole or any part of the then unexpired term, and may
receive and collect all rent payable by virtue ofsuch reletting, and, at County's option, hold Lessee liable
for any difference between the rent that would have been payable Linder' this Agreenient during the
balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period
realized by County by means of such reletting. If County's rig -Y is exercised. following
,lit of reentry I
abandonment of the Premises by Lessee, then County shall consider any personal property belonging to
Count)-owtied Pri)perry ReStdeTlflj£ feast
[Employee)
Lessee and left on the Premises to also have been abandoned, in which case County may dispose of all
such personal property in any manner County shall deena proper and County is hereby relieved of all
liability for doing so,
21 HAZARDOUS MATERIALS. Lessee shall not keep on the Premises any item of a dangerous,
flarnmable or explosive character that might unreasonably increase the danger of fire or explosion on the
Premises or that might be considered hazardous Or extra hazardous by any responsible insurance
company.
14. INSPECTION OF PREMISES. County and County's agents shall have the right at all
reasonable times during the term of this Agreement and any renewal thereof to enter the Premises 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 "forsale", "for rent" or. "vacancy" signs on the Premises at any time within fbily-
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, niles or re�ulations affecting the Premises.
25. RADON GAS. Notice to prospective lessee: 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 this state. Additional information regarding radon and radon testing may be obtained from
a County public health. department.
26. SECTION HEADINGS. Section headings have been inserted, in this Agreement asta matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
tT
2 7, MUT )AL REVIEW. This agreement has been carefully reviewed by L ESSE E and LESSOR,
therefore this agreement is not to be construed against either party on the basis 0'rauthorship.
INJ WITNESS WHEREOF, the parties hereto have been executed this Agreement as of the date
First written above.
Attest: AN/lY IIEAVII,TN, CI-ERK
By:
Deputy/Clerk
Signature.
Print Mime
C-11113-0wrmd PloperLy Raqidt,,ntial Lease
(Employee)
BOARD OFCOUNNTY COMMISSIONERS
OF MON R01" COUN-FY, FLORIDA
M
Mayor
Print Name
RoFy
cc'! 1�
p
U"Nem, PmPMY arld C;IsklxIkV Irl-Surance Cionpaqv
So Whwrwd RAk AdAsars
VJ 10 VV. Coawrwrcial 61ve"i sufto 3,00
FoM LauNwdMq R llnq
. . ........ . ...... ...
. ...... . . ..... . . ........ ..
Wky Pedod TO
P; WES
UNIC HO Dec 92 w, 4'"."
"-WOO CON= Im a Aqnv LsNd
1101 AM SHAW Ime 90C,
t �, i " I c 0 C r v I a pa
Jni-ersal Property and his E,�,
ci'o feu nri-sad Risk Adwsors Duclavation Effecro.,e
rort Lauderpll-,.fle. PL 3339
ToH F Le�,: 800-425-9$13
Po i be FROM PoHrzy Period TO
7
Adilitolj-Kifl j�jt, ��re,-g
..... ......
12:01 AM lme r �WSW
'C�jll 0� F�lr
Addihcjoqa�
PA,i Ortga 9 eeiAddibo i ia I est 01 lmpres03
LAW AND )RLW,,JAINE CO\/ERA,"j, IS A N
ALS(_') NEED1`0 CONiSIDER "FIr"IE PLJRr,,, IASE OF F""C)OD
INSURANCIF-E, IFROM TII,dE NATIONAL., FLOOD INSURANCI
PROGRAM, WTHOUT TI-flS COVE �,`_-,'AGE, YOU MAY
V E R E P-11, �0 So S E S, II" L _pp
A S E D 1 S C LJ'Z_ S 'TH E S E
C 0V[_:. RAGES ',,AJ1Tll \i`(__)`,jR Ml%l.JRAtlCE AGENT