Item C09County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
May 16, 2018
Agenda Item Number: C.9
Agenda Item Summary #4126
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292 -4549
None
AGENDA ITEM WORDING: Approval to enter into a one -year renewal residential lease with a
County employee for Location F commencing June 1, 2018, through May 31, 2019. The monthly
rental amount is $550.00.
ITEM BACKGROUND: This County employee has been leasing this Location F since June 1,
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 subsequent BOCC meetings on May 18, 2011, May 16,
2012, May 15, 2013, May 21, 2014, May 20, 2015, May 18, 2016 and April 12, 2017, the BOCC
approved a one (1) year residential Lease Agreement with this same County Employee for Location
F.
CONTRACT /AGREEMENT CHANGES:
Renewal of the Lease Agreement for a one (1) year term
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Troy Oliver Lease with Exhibits
FINANCIAL IMPACT:
Effective Date: June 01, 2018
Expiration Date: May 31, 2019
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: Rent
CPI: No
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes
Grant: N/A
County Match: N/A
Insurance Required: Yes
Additional Details: This (
If yes, amount: $550.00 month
has been leasing this Location F since June 01, 2011.
Revenue
REVIEWED BY:
Patricia Eables
Completed
05/01/2018 1:04 PM
Chrissy Collins
Completed
05/01/2018 1:09 PM
Kevin Wilson
Completed
05/01/2018 1:38 PM
Budget and Finance
Completed
05/01/2018 2:22 PM
Maria Slavik
Completed
05/01/2018 2:43 PM
Kathy Peters
Completed
05/01/2018 9:15 PM
Board of County Commissioners
Pending
05/16/2018 9:00 AM
COUNTY -OWNED PROPERTY RESIDENTIAL LEASE
(EMPLOYEE)
This Agreement is made and entered into on this 16th day of May, 2018, by the parties,
MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, Florida 33040, ( "County" or "Lessor "), and TROY D. OLIVER, a single person, and
Monroe County Employee, ( "Lessee ").
WITNESSETH:
WHEREAS, the County owns a residential duplex premises ( "Premises ") Iocated at 382
Caribbean Drive, Key Largo, Monroe County, Florida 33037, 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 the terms and conditions as contained herein; and
WHEREAS, the Lessee is desirous of leasing the Premises from County on the terms and
conditions as contained herein;
Now, therefore, the parties agree as follows:
1. PROPERTY County leases to the Lessee the Premises located at Unit B of the Duplex facility
known as 382 Caribbean Drive, Key Largo, Florida (previously the Mar property) and more particularly
described as Unit B, Lots 326 and 327, Port Largo 4` Addition, Key Largo, Monroe County, Florida
33037 (RE #00453474- 000326).
2. TERM. The term of this agreement is for one (1) year commencing on June 1, 2018, and
running through May 31, 2019. There is no automatic renewal of this Agreement. The Lessee shall
have the option to renew the Lease as long as the terms of the Lease are met. In the event that the
Lessee does not vacate the Premises and surrender it to the County upon termination of this Agreement,
Lessee will be liable for rent at a rate of Twenty and 00 /100 Dollars ($20.00) per square foot per month
prorated for the time he continues 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 purpose of residential premises. If the 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
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. 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 governmental authorities or
agencies respecting the use and occupation of said Premises.
Lessee covenants and agrees that he will, during the term of the Lease, keep the Premises in a
good state of repair and in the current condition, and that upon the expiration of the Lease he will return
the Premises to the same good state of repair as when he moved into the Premises.
County-Owned Property Residential Lease t
(Employee)
The Lessee agrees that only his immediate family or an approved roommate shall occupy the
Premises.
The Lessee agrees to clean the Premises at the end of the lease term and to return it to the same
condition that it was in when the Lessee accepted the Premises. 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 SECURITY DEPOSIT. For the use of the Premises, the Lessee shall pay the
County the current rent of FIVE HUNDRED FIFTY AND 00/100 Dollars ($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 (1) month's rent to the County prior to occupancy. The monthly payment shall be remitted to the
Monroe County Clerk of Courts, Finance Department, 500 Whitehead Street, Key West, Florida 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 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 own expense. The cost of connections for residential telephone service
and cable television service shall be paid for by the Lessee.
6. QUIET EMOYMENT Upon the payment by Lessee 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 demised without hindrance or interruption by Lessor or any other person or persons lawfully or
equitably claiming by, through, or under Lessor, subject, nevertheless, to the terms of the Lease.
7. ASSIGNMENT AND SUBLETTING This Lease may not be sold, transferred, or assigned in
full or part without the written permission of Lessor. Any purported assignment without such prior
written consent shall be null and void. Lessee shall not have the right to sublet this Lease or any portion
of this Lease or property.
8. DEFAULTS In the event that Lessee fails, within thirty (30) days after notice, to cure any
default of any obligations owed by Lessee 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 enjoy the same as if this Lease Agreement had not been made.
9. TERMINATII N BY QQML This Agreement may be terminated before the expiration of
a one (1) year term, with or without cause and in the sole discretion of the County, upon
a) Sixty (60) days' written notice by the County to the Lessee,
b) Thirty (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;
ii) The Lessee leases the Premises or assigns any interest without the required
consent under this agreement;
C) Fifteen (15) days' notice by the County to the Lessee in an emergency situation.
10. TER_NUNATION BY LESSEE. The Lessee may terminate this Agreement upon fifteen (15)
days' notice by the Lessee to the County in an emergency situation.
County-Owned Property Residential Lease 2
(Employee)
11. INSURANCE AND HOLD HARMLES The Lessee agrees to carry Ten Thousand and
00 /100 Dollars ($10,000.00) in personal liability coverage on the Premises and shall provide evidence
thereof by a Certificate of Liability Insurance upon execution of this Lease. Lessee will notify County
upon receipt of any notice of reduction or termination of such insurance, and shall immediately obtain
replacement insurance.
The Lessee covenants and agrees to defend, indemnify, and hold harmless Monroe County Board
of County Commissioners, and its elected and appointed officers, officials, agents, servants, and
employees from any and all claims, demands, or causes of action for bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County) and any other
losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of the Lessee utilizing the property governed by this lease /rental
agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. 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.
12. DAMAGE TO PROPERTY BY PETS OR ANIMALS The Lessee shall have sole
responsibility for any damage, harm, nuisance, claim, or other liability which arises as result of the
Lessee(s) keeping pets or other animals on the Premises, including the parking area upon which the rental
Premises is situated. Any repairs of Premises caused by animals or pets of the Lessee shall be paid for
by the Lessee within thirty (30) days of being given notice by the County of the cost of the damages.
13. ALTERATIONS AND /OR MODIFICATIONS.. If the Lessee wishes to make any
modifications or alterations to the Premises he must first make the request in writing to the County, and
receive written permission from the Assistant County Administrator prior to making any alterations
and/or modifications.
14. NOTICE Notices in this Agreement, unless otherwise specified, must be sent by certified
mail /return receipt requested to the following:
For the County
For the Lessee
Kevin Wilson,
Assistant County Administrator Troy D. Oliver
1100 Simonton Street, #2 -216 382 Caribbean Drive, Unit B
Key West, Florida 33040 Key Largo, Florida 33037
Telephone: (305) 453 -8797 Telephone: (305) 797 -1509
15. ATTACHMENTS The following documents are required to be attached to this Agreement:
a) EXHIBIT A: Letter from Lessee's Department Head recommending Lessee and approved
by Assistant County Administrator permitting Lessee to execute Agreement.
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. W HOLE. CON'T'RACT AND WAIVER. This Residential Lease is the whole Agreement
between the parties, and no prior or contemporaneous oral or written communications are part of the
County -Owned Property Residential Lease - 3
(Employee)
Agreement. If the County waives any breach of the Agreement, that waiver shall not waive the covenant
or conditions breached, nor any later breach of any part of the Agreement.
17. GOVERNING LAWSIVENUE This Agreement shall be governed by the laws of the State of
Florida and the United States. Venue for any dispute arising under this agreement must be in Monroe
County, Florida. The County and Lessee specifically agree that neither the provisions of Florida Statutes,
Chapter 733, (Mobile Home Park Lot Tenancies) nor the provisions of Chapter 513, Mobile Home and
Recreational Vehicle Parks) are to be applied as governing this Agreement or used as constructing
provisions of this Agreement.
18. ATTORNEY'S FEES Should any cause of action or administrative proceeding 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 attorney's fees, court costs, and out -of- pocket
expenses, as an award against the non- prevailing party. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual
and customary procedures required by the Sixteenth Judicial Circuit in and for Monroe County, Florida.
19. MEDIATION The parties agree to mediate any disputes under this Agreement, and further
agree that they will not arbitrate any disputes.
20. aE Y lljj]:'11'' If any term or provision of this Agreement shall to any extent be held
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
21. ABANDONMENT If at any time during the term of this Agreement Lessee abandons the
Premises or any part thereof, County may, at County's option, obtain possession of the Premises in the
manner provided by law, without becoming liable to 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 of such reletting, and, at County's option, hold Lessee liable
for any difference between the rent that would have been payable under this Agreement 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 right of reentry is exercised following
abandonment of the Premises by Lessee, then County shall consider any personal property belonging to
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 deem proper and County is hereby relieved of all
liability for doing so.
22. HAZARDOUS MATERIALS Lessee shall not 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
Premises or that might be considered hazardous or extra hazardous by any responsible insurance
company.
23. 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 "for sale ", "for rent ", or "vacancy" signs on the Premises at any time
County-owned Property Residential Lease .4—
(Employee)
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.
24. 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.
25. SECTION READINGS 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 not be used in the interpretation of any provision of this Agreement.
26. MUTUAL RE VIEW This Agreement has been carefully reviewed by Lessee and Lessor;
therefore this Agreement is not to be construed against either party on the basis of authorship.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
written above.
Attest: KEVIN MADOK, CLERK
M.
Deputy /Clerk
WITNESSES for LESSEE:
Signature
G 5 I tl;
APrint N, e gate
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Signature
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
LESSOR
Mayor
LIVER, LE
NMa `rt �ru
Print Name
MONROE COUNTY ATTORNEY'S OFFICE
L) AFPRO EP AS TP FORD _
PATRiCIA EAGLES
ASSISTANT COUNTY AYORNEY
DATE: _ — LI — t
County-Owned Property Residential Lease • S -
(Employee)
EOANUM
EXHIBIT A
DATE: April 13, 2018
TO: Kevin Wilson, Assistant County Administrator
FROM: John Glista, Plantation Key, Public Works/Roads
by Alice Steryou; Contract Monitor Public Works/Engineering Facilities
RE: Agenda Item — May 16, 2018 BOCC Meeting
County Employee Troy Oliver Residential Lease Unit B,
Location F
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 B at Location F. This employee has been leasing
this Unit B, Location F since June 01, 2011.
Enclosures
c/o Universal Risk Advisors
m?mao* SU3!—T"- A&T�iilvkk
Fort Lauderdale, FL 33309
Toll Free: 800-425-9113
Claims-. 809-218-32—H
FROM P01;
ROY OLIVER
RO.BOX 371807
Key Largo, FL 33037
(305) 797-1014
era as Attached ndorse e ixts
rfi IR
Premium Summary
Prendum Premium Assessments / Surcharges
Tenant
Declaration Effective
0711512017
qwwsb elt5"t"11
MGA Fees/Policy Fees
S27,00 $127,00
Townhousel Number of Protection BCEG
Form Construction Year Rowhouse Families Occupied Class Teffllwy
H04 Masonry 1982 N 1 y 5 005 99
Protective Device Credits: Wind I Hall
t
12:01 AM Siandard'Time
UPCIG H (02112) pa D 711312017 102913 AM 7 of 2
I
&tiwm, if aqy an d i su bj ec t to an forms wW endorsenmtz attached to Oft PORCY.
This replaces all pravlauslY Issued POIlW duchr
UPCIC H0003 (OV12) PrintedDatw, 7113120171G29:13 AM 2 Of
A—ge–pt Name and Address
The Insurance Connection of South Florida,
Inc
99353 overseas Highway
Suite I
Key Largo, FL 33037
(305) 451-1467
Additional Interest
Mart gagedAdditional interest 01 MartgageelAdditional Interest 02 Mortgaged Additional Interest 03
Policy Forms and Endorsements Applicable to this Policy
NUMUR EDITION
DESCRIPTION LIMITS PREMIUMS
HO 00 04 04 91
Homeowners 4 Contents Broad Form $100,00
UPCIC 04 33 07 08
Limited Fungi, Wet or Dry Rot, or Bacteria Section 1- $10,0001$20,000;
Section It - $5000
UPCIC 3 0198
Outline of Your Homeowner Policy
UPCIC 23 08 16
Special Provisions - Florida
UPCIC 16 0198
Less Assessment Coverage
UPCIC 14 0198
Amendment of Loss Settlement Condition - Florida
HO 04 96 04 91
No Coverage for Home Day Care Business
HO 04 94 06 97 (4r,-07)
Exclusion for Windstorm Coverage
UPCIC 00 07 (02-12)
Sinkhole Loss Coverage - Florida
UPCic 10 01 as (06-07)
Existing Damage Exclusion
$25.00
MGA Fee
Emergency Management Pfeparedness Assistance Trust Fund $200
&tiwm, if aqy an d i su bj ec t to an forms wW endorsenmtz attached to Oft PORCY.
This replaces all pravlauslY Issued POIlW duchr
UPCIC H0003 (OV12) PrintedDatw, 7113120171G29:13 AM 2 Of