Item C03 C.3
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe � � ��`"1 Mayor Sylvia Murphy,District 5
The Florida.Keys Mayor Pro TernDanny Kolhage,District I
�pw° Michelle Coldiron,District 2
gym, , EM"Kfaµ Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
April 17, 2019
Agenda Item Number: C.3
Agenda Item Summary #5253
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
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, 2019, through May 31, 2020. The monthly
rental amount is $550.00.
ITEM BACKGROUND: This County employee has been leasing this Location F since June 1,
2011. There is no automatic renewal of this Lease, thus a new Lease must be approved by the
BOCC each year.
PREVIOUS RELEVANT BOCC ACTION:
On March 16, 2011, 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, April 12, 2017, and May 16, 2018, the BOCC approved a one (1) year
residential Lease Agreement with this same County Employee for Location F.
CONTRACT/AGREEMENT CHANGES:
Renewal of the County owned residential Lease Agreement ( ) for a one (1) year
term.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Residential Lease with Exhibits ( (legal stamped & executed)
FINANCIAL IMPACT:
Effective Date: June 1, 2019
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Expiration Date: May 31, 2020
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 If yes, amount: $550.00 month
Grant: N/A
County Match: N/A
Insurance Required: Yes
Additional Details: This County employee has been leasing this Location F since June 1, 2011.
Revenue
REVIEWED BY:
Patricia Eables Completed 03/25/2019 2:54 PM
William DeSantis Completed 03/25/2019 3:28 PM
Budget and Finance Completed 03/25/2019 5:04 PM
Maria Slavik Completed 03/26/2019 7:28 AM
Kathy Peters Completed 04/01/2019 4:26 PM
Board of County Commissioners Pending 04/17/2019 9:00 AM
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C.3.a
COUNTY-OWNED PROPERTY RESIDENTIAL LEASE
(EMPLOYEE)
This Agreement is made and entered into on this 17th day of April, 2019, 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 a single person, and
Monroe County Employee, ("Lessee").
WITNESSETH: C
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WHEREAS, the County owns a residential duplex premises ("Premises") located at
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 facility
knorvrr as and more particularly
described as 06
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2. TERM. The term of this agreement is for one (1) year commencing on June 1, 2019, and
running through May 31, 2020. There is no automatic renewal of this Agreement. The Lessee shall U)
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.
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Lessee covenants and agrees that he will, during the term of the Lease, keep the Premises in a W
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. E
County-Owned Property Residential Lease -1-
(Employee)
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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 C
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 0.
Monroe County Clerk of Court, 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 g
and cable television service shall be paid for by the Lessee.
6. (}DIET ENJOYMENT. 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 0
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
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again have, repossess, and enjoy the same as if this Lease Agreement had not been made.
9. TERMINATION BY COUNTY. This Agreement may be terminated before the expiration of
the one (1) year term, with or without cause and in the sole discretion of the County, upon X
a) Sixty(60) days' written notice by the County to the Lessee, w
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 U)
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. TERMINATION BY LESSEE. The Lessee may terminate this Agreement upon fifteen (15)
days' notice by the Lessee to the County in an emergency situation. E
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County-Owned Property Residential Lease .2
(Employee)
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11. INSURANCE AND HOLD HARMLESS. 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 0.
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.
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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 a 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 the 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. X
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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 alterationscu
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
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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.
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This Agreement shall not be effective until signing by all parties and by attaching all fully W
completed Exhibits to the Agreement.
16. WHOLE CONTRACT 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)
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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 LAWS/'VENUE,. 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 0.
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 0
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
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agree that they will not arbitrate any disputes.
20. SEVERADILITY. 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. 06
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 U)
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
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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 U)
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 2
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 5
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)
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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.
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25. 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 not be used in the interpretation of any provision of this Agreement.
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26. MUTUAL REVIEW. 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 U)
written above.
BOARD OF COUNTY COMMISSIONERS 0
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Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA,
LESSOR
By: By:. U)
Deputy/Clerk Mayor
WITNESSES for LESSEE, *�
Signature U)
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Print Name Date
#ON9PE COUNTY ATTORNEY'S OFFICE
AP VED,AS T .mFO t -.
� PATRICIA EAGLES U)
ASSISTANT COUNTY A, ORNEY
DATE: .��
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County-Owned Property Residential Lease -5-
(Employee)
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EXHIBIT "A"
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RESIDENTIAL LEASE MEMORANDUM WITH A MONROE COUNTY
EMPLOYEE ( ) TO RESIDE IN UNIT B AT LOCATION F
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EMO ", ANDU
DATE: March 04, 2019
TO: Kevin Wilson, Assistant County Administrator CL
FROM: John Glista, Public Works/Roads
by Alice Steryou, Contract Monitor Public Works/Facilities
RE: Agenda Item— March 21, 2019 BOCC Meeting
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Location F
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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. U)
I hereby request approval to enter into a one-year residential lease agreement with a
Monroe County employee to reside in at Location F. This employee has been leasing
this Unit B, Location F since June 01, 2011.
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Enclosures
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Joha. Glista Dated
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EXHIBIT "B"
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RESIDENTIAL LEASE WITH A MONROE COUNTY EMPLOYEE ( )
TO RESIDE IN AT LOCATION F
CERTIFICATE OF INSURANCE
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Universal Property&Casualty Insurance Company Tenant 9
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c/o Universal Risk Advisers Declaration Effective a
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1110 W.Commercial Blvd Suite 300 07/1512018 -
Fort Lauderdale,FL 33309
Toll Free:800-425-9113 Renewal pa,cy O
Claims:80D-218-32D6 Service Contact your Agent Lasted Below -
Policy Number FROM Policy Period TO INSURED BILLED A ent Code
15D2-1100-9917 J 07/15/2018 07115/2019 12:01 AM Standard Tlme SS30 0'
jWL I Ins rrrd and,.A 'aiLgAs tau anrf drir s
Key Largo FL 33037 0
Premium Summary (305)451-1467 -
Basic Coverages Attached Endorsements Total Policy Premium
Premium Premium Assessments I Surcharges MGA Fees/Policy Fees (Including Assessments 8 Surcharges)
S10000 50.00 S0.00 S27.D0 $12700
Location 001
Townhousel Number of Protection
Form Corstruction Year Rowhouse Families Occupied Class Territory BCFG
1104 Masonry 1982 N 1 Y 5 005 99
DwellingProtective Device Cred.ts
vti4nd 1 Hail
County Replacement Cost Home Updated 0urgtar Fire Sprinklei Shutter Exclusioi
Monroe NIA Y None None N N Y
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We w:l!provide the insurance described in this policy in return for the premium and compliance with all applicable p°'ovis ons
of this policy If we elect to continue this insurance,we will renew this policy if you pay the required renewal prenliurn for each CL
successive policy period subject to our premiums,rules and forms then in effect. You must pay us prior to the end or the
current policy period or else this policy will expire.
Insurance is provided only with respect to the following coverages for which a limit of I1ab.1ity is specified subject to ail the r7eU)
contlilirons of this policy.
COVERAGES-SECTION I LIMITS PREMIUMS COVERAGES-SECTION II LIMITS PREMIUMS
Coverage-A-Dwelling SO Coverage-E-Personal L1acility $100,000 S0 00
Coverage-B-Other Structure 50 Coverage-F-Medical Payments $1 000 S0 00 �
Coverage-C-Personal Property S20,000 $10,300
Coverage-D-Loss of Use S4,000
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NOTE The portion of your premium for hurricane coverage is:50 00
The portion of your premium for all other coverages is $127 00
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Section 1 coverages subject to a minimum Wind Excluded hurricane deductible per calendar year. ®_
Seclion 1 coverages subjecl to S1,000 rich-hurricane deductible per loss
DESCRIBED LOCATION-The Desc(bed Location covered by this pcli:.y is at the above address unless otherwise stated
382 Caribbean Or#2 Key Largo,FL 33037
Flood coverage is not provided by Universal Property and Casualty Insurance Company and is not part of this policy. U)
Co,mtersignalure Date Chief becullve Officer
APPRO
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UPCIC H0003(02112) Pr,nted Cate 317/2019 11 17 24 AM 1 ar 2
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Universal Property&Casualty Insurance Company Bil I
clo Universal Risk Advisors Declaration Effective
1110 W.Commercial Blvd Suite 300 07115/2018
Fort Lauderdale,FL 33309
Toll Free:800-425.9713
Renewal Policy C
Claims*8DO-218-3206 Service; Contact your Agent Listed Below .
Policy Number FROM Policy Period�O71�1512O
1 URED BILLED A nt Code 0
1502-110D-9917_ 07/15/2018 12:01 AM Standard Time 9S30
MortnamyclAdditionall 1Of0 CL
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The Insurance Connection of South Florida, UJI
Inc
99353 Overseas Hwy.#1
Key Largo,FL 33037 C
(305)451-1467
Additional Interest
Mortgagee/Additional Interest 01 MortgageelAddltional Intorest 02 Mortgagee/Additional Interest 03
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Policy Forms and Endorsements Applicable to this Policy
NUMBER EDITION DESCRIPTION LIMITS PREMIUMS
HO 00 04 04 91 l lomeowaners 4 CoWents Broad F:�ornu 5100 co �
UPCIC 04 33 07 08 i mrr d Fungi "MNel or Illy Rot ar Eac;eria Section I S ID,00¢1SK 000;
mecli,sn BI S50,000 0
I.lP=3 01 98 00 ne or Yrau du Horr8s cAvner Pal cy 06
t&POIt';23 08&F1 SguadaI Prnaaaislasras-t'I¢aruala �
UP=16 01 98 Loss Assessrnenl Coven L !�
tll"OIC 14 0198 Amero'dmeral of Loss SeWsrneuat 0..tnd6on-I iaariCla E
11004 95 04 91 No Oevelage.for I icme Day Oars Business U)
Fit.)04 94 06 07 Q06 07) Exclusmn for Wnd.slcari n Covaaiage �
UPCIC )0.�u.(02-G19v);;7' Sinkhaale Loss C overage Florida
CIC U �
I Esisli Damage E�xaw uvon
LI A Fee 52500
I-meigency Management P"repaarcciness Assislante Tnss4Fund 520;1
LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT
YOU MAY WISH TO PURCHASE. YOU MAY ALSO NEED TO CONSIDER
THE PURCHASE OF FLOOD INSURANCE FROM THE NATIONAL FLOOD
INSURANCE PROGRAM. WITHOUT THIS COVERAGE, YOU MAY HAVE
UNCOVERED LOSSES. PLEASE DISCUSS THESE COVERAGES WITHUJI
YOUR INSURANCE AGENT.
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This replaces all prevloaasly Issued policy declarations,If any and is subject to all forms and endorsements attached to this policy
UPCIC H0 3{02d121 Printed Date WP2019 11',17 2d AM 202
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