Item K2K.2
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
TheFloridaKeys
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
November 20, 2018
Agenda Item Number: K.2
Agenda Item Summary #4877
BULK ITEM: No DEPARTMENT: Fire & Ambulance District 1 Board of
Governors
TIME APPROXIMATE: STAFF CONTACT: James Callahan (305) 289-6088
9:30 A.M.
AGENDA ITEM WORDING: Approval of Lease Extension Agreement with Limetree Bay
Townhouses LLC for Unit #10, 68250 Overseas Highway, Layton, Florida for housing firefighters
assigned to Layton/Long Key Fire Station #18 for $2,950 per month including utilities.
ITEM BACKGROUND: During the FY10 budget process, the BOCC approved career staffing for
Layton Fire Station #18. Since the Layton facility has no living quarters, it was necessary to lease
firefighter housing in a unit located next to the station, allowing for immediate response to
emergency calls. The current 3-year lease has a monthly rate of $2,500 (including utilities) and
expires on 12/28/18. The lease extension increases the monthly rate to $2,950 (including utilities)
and would extend the lease from 12/29/18 through 12/28/19. The FY19 budget includes
appropriated funds to continue leasing housing for the Layton/Long Key firefighters.
PREVIOUS RELEVANT BOG ACTION:
12/16/09: BOG approved 1-year lease with Zane Grey Development for $2,200 per month.
11/17/10: BOG approved 1-year lease with Zane Grey Development for $2,250 per month.
12/14/11: BOG approved 1-year lease with Zane Grey Development for $2,300 per month.
11/20/12: BOG approved 3-year lease with Zane Grey Development for $2,300 per month.
12/9/15: BOG approved 3-year lease with Zane Grey Development for $2,500 per month.
CONTRACT/AGREEMENT CHANGES:
Extend lease for one additional year
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Lease Extension Agreement (Draft)
FINANCIAL IMPACT:
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K.2
Effective Date: 12/29/18
Expiration Date: 12/28/19
Total Dollar Value of Contract: $35,400.00
Total Cost to County: $35,400.00
Current Year Portion: $29,500.00
Budgeted: Yes
Source of Funds: Fund 148, Cost Center 11500
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
12/29/18 141-11500 · FIRE & RESCUE CENTRAL $35,400.00
12 Months at $2,950
REVIEWED BY:
James Callahan Completed 10/23/2018 12:02 PM
Pedro Mercado Completed 10/23/2018 12:03 PM
Budget and Finance Completed 10/23/2018 12:51 PM
Maria Slavik Completed 10/23/2018 1:57 PM
Kathy Peters Completed 10/24/2018 3:15 PM
Board of County Commissioners Pending 11/20/2018 9:00 AM
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K.2.a
GT Draft 10/17/18
LEASE EXTENSION AGREEMENT
THIS LEASE EXTENSION AGREEMENT (this "Extension") is made and entered into
as of the ___ day of October, 2018, by and between Board of Governors of Fire and Ambulance
rd
District 1 of Monroe County, Florida c/o Monroe Fire Rescue, 490 63 Street Ocean Suite 140,
Marathon, FL 33050 ("Tenant"), and Limetree Bay Townhouses LLC, a Florida limited liability
company ("Landlord").
W H E R E A S:
A. Tenant and Landlord entered into a Residential Lease for Single Family Home
and Duplex dated December 29, 2015 (the "Lease") with respect to Unit 10 at 68250 Overseas
Highway, Layton, FL 33301 (the "Leased Premises"); and
B. Landlord and Tenant have agreed to extend the Term of the Lease and to
otherwise modify certain provisions of the Lease as hereinafter set forth.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Landlord and Tenant hereby agree as follows:
1. Definitions and Recitals. All of the initial capitalized terms used in this Extension
shall, unless otherwise provided herein, have the same definitions and meanings as given to them
in the Lease. The foregoing recitals are true and correct and are incorporated herein by this
reference.
2. Term. The expiration of the term of the Lease with respect to the Leased
Premises is hereby extended from December 28, 2018 to December 28, 2019 (the "Lease
Expiration Date"). Accordingly, all references in the Lease to the Term or Lease Term as it
relates to the Leased Premises shall be deemed modified to reflect the term set forth in this
paragraph.
3. Rent. Tenant shall pay total rent in the amount of $2,950.00 per month including
utilities, electric, propane and water for the term of the Lease. Tenant shall pay for telephone,
cable and/or internet services.
4. Brokerage Indemnity. Landlord and Tenant each hereby represent and warrant to
the other that they have dealt with no broker, finder or similar agent, in connection with this
Extension. In the event that any broker or agent claims a brokerage fee in connection with this
transaction, the party who procured the services of such broker or on whose behalf such broker
Attachment: Lease Extension Agreement (Draft) (Zane Grey Lease Extension BOG)
was working if the former cannot be determined, agrees to pay said fee and to indemnify and
hold harmless the other party from and against any and all liability and expense in connection
with any commissions, compensation or otherwise for the bringing about of this transaction or
the consummation thereof, including reasonable attorneys' fees (in an effort to defend the
brokerage claim), for the non-responsible party should it be joined in litigation.
5. Waiver of Claims. In consideration of the terms and provisions of this Extension,
knowledge without investigation, Landlord is currently in default of any of the terms, provisions
or conditions of the Lease, (ii) acknowledges and agrees that Tenant has no claims, offsets or
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K.2.a
Lease, (iii) waives and
relinquishes any and all claims, offsets and/or defenses whatsoever which Tenant may now have;
and (iv) releases Landlord from any all claims, liabilities or obligations to Tenant whatsoever
arising from or growing out of any actions or omissions by Landlord through the date of this
Extension.
6. Miscellaneous.
(a) This Extension shall be construed and governed in accordance with the
laws of the State of Florida.
(b) This Extension may be executed in any number of counterparts and by the
separate parties hereto in separate counterparts, each of which shall be deemed an original, but
all of which shall constitute one and the same instrument. However, in making proof hereof, it
shall be necessary to produce only one copy of this Extension signed by the party to be charged.
(c) Landlord hereby represents and warrants to Tenant that: (i) Landlord has
the full right and authority to enter into this Extension, and (ii) this Extension is a binding and
valid document enforceable in accordance with its terms.
(d) Tenant hereby represents and warrants to Landlord that: (i) Tenant has the
full right and authority to enter into this Extension, and (ii) this Extension is a binding and valid
document enforceable in accordance with its terms.
(e) This Extension shall be deemed a part of, but shall take precedence over
and supercede any provisions to the contrary contained in the Lease. Except as modified hereby,
all of the provisions of the Lease, which are not in conflict with the terms of this Extension shall
remain in full force and effect, and, as modified hereby, the Lease is hereby ratified and
confirmed in all respects.
7. Entire Agreement. This Extension constitutes the entire agreement and
understanding among the parties with respect to the subject matter hereof. This Extension may
not be changed, altered or modified except by an instrument in writing signed by the party
against whom enforcement of such change would be sought. This Extension shall be binding
upon the parties hereto and their respective successors and permitted assigns.
Attachment: Lease Extension Agreement (Draft) (Zane Grey Lease Extension BOG)
\[Remainder of Page Intentionally Left Blank\]
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K.2.a
IN WITNESS WHEREOF, the parties have executed and delivered this Extension on the
date first above written.
WITNESSES TENANT:
Board of Governors of Fire and Ambulance District
1 of Monroe County, Florida c/o Monroe Fire
rd
Rescue, 490 63 Street Ocean Suite 140, Marathon,
FL 33050
______________________________ By: ___________________________________
Printed Name: Name: _________________________________
Title: _________________________________
______________________________
Printed Name:
LANDLORD:
Limetree Bay Townhouses LLC, a Florida limited
liability company
______________________________ By: ______________________________
Printed Name: Name: ____________________________
Title: ___________________________
______________________________
Printed Name:
Attachment: Lease Extension Agreement (Draft) (Zane Grey Lease Extension BOG)
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