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Item C21 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS POLICY FOR USE OF RESIDENTIAL HOUSING ON COUNTY-OWNED PROPERTY MONROE COUNTY, FLORIDA BACKGROUND: Monroe County owns several properties which include residential living quarters. In an effort to provide security at these locations, the County has allowed law enforcement officers to rent the County-owned housing at a below market rate. In turn, the officers are required to patrol the premises on a regular basis and report any irregularities to designated County staff. PURPOSE: To set forth a policy whereby currently employed Monroe County employee may reside in County-owned residential housing when the housing is not utilized by law enforcement officers. This policy will provide current County employees the opportunity to apply for available residential County-owned housing. PROCEDURE: Any Monroe County employee, excluding Division Directors and Department Heads, must submit an application and be recommended by his/her supervisor, Department Head and Division Director, in addition to any other documentation required by the lease. In the event of multiple applicants other than law enforcement, names of all eligible applicants will be put in a container and two names will be drawn. Should the first person selected decline renting the available unit, the second name drawn will be given the opportunity. LEASE TERM: Monroe County Board of County Leases are for a term of one (1) year, unless otherwise approved by Commissioners (BOCC). There is no automatic renewal of this lease. Upon lease termination, the lease will go out for new applicants to determine the next tenant. RENT/SECURITY DEPOSIT: Rental rates have been adjusted in the past but in April 2006 an attempt was made to make rates more uniform and define the utility responsibility. The BOCC approved $6.00 per square foot of the residence, and in 2008 the BOCC approved rents to be increased to $10.00 per square foot. Monroe County employees will pay $10.00 per square foot, or a rate adjusted to fair market value for the area in which the residence is located, to be approved by the BOCC. UTILITIES : Tenant shall pay for utilities including, water, sewer/septic, electricity and solid waste collection, and will provide residential electric service, telephone service, and cable television service at his/her own expense. All utility connection costs will be paid by tenant. INSURANCE/HOLD HARMLESS/INDEMNIFICATION : original All tenants are required to furnish an certificate of insurance for personal liability coverage Monroe County Board of County Commissioners naming as an additional insured, as more fully described in the lease, unless these provisions are waived by the Monroe County Risk Management Department or the County Administrator. Policy for Residential Housing, County-owned Properties -1- Tenants also agree to indemnify and hold harmless the Monroe County Board of County Commissioners from any and all claims for bodily injury, and property damage (including property owned by Monroe connection with or by reason of the Tenant utilizing property governed by this Agreement. One exception to this is in the case of law enforcement for any performance of duties under this Agreement MISCELLANEOUS : ATTACHMENTS: 1. Application for Employee Rental of Monroe County-Owned Residence 2. County-Owned Property Residential Lease (Employee) 3. Residential Lease with Law Enforcement Officer Policy for Residential Housing, County-owned Properties -2- ßÐÐÔ×ÝßÌ×ÑÒ ÚÑÎ ÛÓÐÔÑÇÛÛ ÎÛÒÌßÔ ÑÚ ÓÑÒÎÑÛ ÝÑËÒÌÇóÑÉÒÛÜ ÎÛÍ×ÜÛÒÝÛ ßÐÐÔ×ÝßÒÌ ×ÒÚÑÎÓßÌ×ÑÒ Ò¿³»æ Ú×ÎÍÌ Ó×ÜÜÔÛ ×Ò×Ì×ßÔ ÔßÍÌ Ì»´»°¸±²»æ Ý»´´æ ÑÌØÛÎÍ ÉØÑ É×ÔÔ ÞÛ Ô×Ê×ÒÙ ×Ò ÌØ×Í ÎÛÍ×ÜÛÒÝÛ Ò¿³»æ Î»´¿¬·±²¸·°æ ß¹»æ Ò¿³»æ Î»´¿¬·±²¸·°æ ß¹»æ Ò¿³»æ Î»´¿¬·±²¸·°æ ß¹»æ ÝËÎÎÛÒÌ ßÜÜÎÛÍÍ ß¼¼®»æ Ý·¬§æ Í¬¿¬»æ Æ·°æ Î»¿±² º±® ´»¿ª·²¹æ ÊÛØ×ÝÔÛ ×ÒÚÑÎÓßÌ×ÑÒ Ó¿µ»æ Ó±¼»´æ Ð´¿¬»æ Ó¿µ»æ Ó±¼»´æ Ð´¿¬»æ Ó¿µ»æ Ó±¼»´æ Ð´¿¬»æ ÐÛÌ ×ÒÚÑÎÓßÌ×ÑÒ Ì§°»æ Þ®»»¼æ É»·¹¸¬æ Ì§°»æ Þ®»»¼æ É»·¹¸¬æ Ì§°»æ Þ®»»¼æ É»·¹¸¬æ ÛÓÛÎÙÛÒÝÇ ÝÑÒÌßÝÌ ×ÒÚÑÎÓßÌ×ÑÒ Ò¿³»æ Î»´¿¬·±²¸·°æ Ð¸±²»æ ß´¬»®²¿¬»æ Î»´¿¬·±²¸·°æ Ð¸±²»æ × «²¼»®¬¿²¼ ¬¸¿¬ ¬¸· · ¿°°´·½¿¬·±² · ²±¬ ¿ ®»²¬¿´ ¿¹®»»³»²¬ ¿²¼ ¬¸¿¬ ¬¸· ¿°°´·½¿¬·±² ¼±» ²±¬ ½®»¿¬» ¿²§ ±¾´·¹¿¬·±² ¬± Ó±²®±» Ý±«²¬§ ¬± °®±ª·¼» ¸±«·²¹ ·² Ý±«²¬§ó±©²»¼ ®»·¼»²½»ò Ü¿¬»æ Í·¹²¿¬«®» Ð®·²¬ Ò¿³» ßÐÐÎÑÊÛÜ ÞÇæ Í«°»®ª·±® Ü¿¬»æ Ü»°¿®¬³»²¬ Ø»¿¼ Ü¿¬»æ Ü·ª··±² Ü·®»½¬±® Ü¿¬»æ COUNTY-OWNED PROPERTY RESIDENTIAL LEASE (EMPLOYEE) __________________________ This Agreement is made and entered into on this ________ day of ________________, 201__by the parties, MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 Lessor), and ______________________, a single/married person, and Monroe County EmployeeLessee WITNESSETH: at _________________________________________________, Monroe County, Florida, and 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: PROPERTY. 1. County leases to the Lessee the premises located at _______________________________________________, Monroe County, Florida. TERM.___________, 201__ 2. The term of this agreement is one year commencing on and _______________________, 201__ running through . There is no automatic renewal of this agreement. In the event that the Lessee does not vacate the premises and surrender them to the County upon termination of this Agreement, Lessee will be liable for rent at a rate of $20.00 (Twenty Dollars) per square foot per month prorated for the time he/she continues to occupy the expenses and reasonable attorney fees in obtaining possession of the property. USE. 3. The premises shall be used solely for the purpose of residential premises. If the premises are used for any other purpose, the County shall have the option of immediately terminating this agreement. The Lessee shall not permit any use of the premises in any manner that would obstruct or interfere with any County function or duties. The Lessee will further use and occupy said premises in a careful and proper manner, and not commit any waste thereon. The Lessee shall not cause, or allowed to be caused, any nuisance or objectionable activity of any nature on the premises. The Lessee will not use or occupy said premises for any unlawful purpose and will, at the Lesseele cost and expense, conform to and obey any present or future ordinances and/or rules, regulations, requirements and orders of governmental authorities or agencies respecting the use and occupation of said premises. Lessee covenants and agrees that he or she will, during the term of the Lease, keep the premises in a good state of repair and in the current condition, and that upon the expiration of the lease he or she will return the premises to the same good state of repair as when he or she moved into the premises. The Lessee agrees that only his or her immediate family or an approved roommate shall occupy the premises. : : The Lessee agrees to clean the premises at the end of the lease and to return it to the same condition that it was in when the Lessee accepted the house. The Lessee agrees to pay any fees that the County incurs to clean the premises if necessary after the Lessee vacates the premises. RENT AND SECURITY DEPOSIT. 4. For the use of the premises, the Lessee shall pay the County the current rent of ________________________ Dollars ($____.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 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, FL 33040. UTILITIES. 5. 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 theCounty. The Lessee shall arrange for and provide residential electric service, telephone service, and cable television service, at his or her own expense. The cost of connections for residential telephone service and cable television service shall be paid for by the Lessee. QUIET ENJOYMENT 6. . Upon the payment by LESSEE of the rents provided, and upon the observation and performance of all the covenants, terms and conditi 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. ASSIGNMENT AND SUBLETTING 7. . 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. DEFAULTS 8. . 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. TERMINATION BY COUNTY. 9. This Agreement may be terminated before the expiration of a one year term, with or without cause and in the sole discretion of the 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; ii) The Lessee leases the premises or assigns any interest without the required consent under this agreement; c) 15 days notice by the County to the Lessee in an emergency situation. TERMINATION BY LESSEE. 10. The Lessee may terminate this Agreement upon 15 days notice by the Lessee to the County in an emergency situation. : :¬ INSURANCE AND HOLD HARMLESS. 11. 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 obtain replacement insurance. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Lessee shall defend, indemnify and hold 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 injury (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 on 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 default in respect of any of the obligations that it undertakes under 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 any of its employees, agents, contractors or invitees (other than Lessee). 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. DAMAGE TO ANIMALS OR PLANTS BY PET(S). 12. 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. This provision especially applies to the taking of endangered or threatened species of animals as a result of the action of the Lessees pet(s). 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. 13. If the Lessee wishes to make 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 alterations and/or modifications. NOTICE. 14. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: For the Lessee: For the County: Dent Pierce, Division Director ________________________________ Public Works Signature of Lessee 1100 Simonton Street, #2-231 ________________________________ Key West, FL ________________________________ Telephone: (305) 292-4560 Telephone: (305) _________________ ATTACHMENTS 15. . The following documents are required to be attached to this Agreement: a) EXHIBIT A: Letter from Lessees Department Head recommending Lessee and approved by Division Director 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. WHOLE CONTRACT AND WAIVER. 16. This Agreement is the whole Agreement between the parties, and no prior or contemporaneous 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. MODIFICATIONS. 17. If the Lessee wishes to make any modifications or alterations to the premises, he/she must first make the request in writing to the County, and receive permission from the Division Director of Public Works prior to making any alterations. GOVERNING LAWS/VENUE. 18. 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 Chapter 733, Florida Statutes (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 use as constructing provisions of this Agreement. 19. . 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 and out-of-pocket expenses, as an award against the non-prevailing party. Mediation proceeding 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. MEDIATION. 20. The parties agree to mediate any disputes under this agreement, and further agree that they will not arbitrate any disputes. SEVERABILITY. 21. 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. ABANDONMENT 22. . 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 : :ª such personal property in any manner County shall deem proper and County is hereby relieved of all liability for doing so. HAZARDOUS MATERIALS 23. . 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. INSPECTION OF PREMISES 24. . 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 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. RADON GAS. 25. 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. SECTION HEADINGS. 26. 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. MUTUAL REVIEW. 27. 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 been executed this Agreement as of the date first written above. BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By:_________________________ By:___________________________ Deputy/Clerk Mayor WITNESSES for LESSEE: LESSEE: ____________________________ Signature Signature ___________________________ Print Name Print Name ___________________________ Signature ___________________________ Print Name : :© RESIDENTIAL LEASE WITH LAW ENFORCEMENT OFFICER __________________________ This Agreement is made and entered into by the parties, MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and ______________________, a Law Enforcement Officer(s) of the Monroe County WITNESSETH: WHEREAS, the County owns residential premises situated at _________________________________________________, Monroe County, Florida and; WHEREAS, the County believes the presence of a law enforcement officer residing at the premises described in this agreement would deter vandalism and theft at the premises, and; WHEREAS, the Officer desires to provide the law enforcement protection required under this agreement and further desires to reside on the premises, and; interest to enter into a lease with the Officer(s) to provide the deterrence described; Now, therefore, the parties agree as follows: PROPERTY. 1. County leases to the Officer the premises located at _______________________________________________, Monroe County, Florida. TERM.___________, 201__ 2. The term of this agreement is one year commencing on _______________________, 201__ and running through . There is no automatic renewal of this agreement. In the event that the Officer does not vacate the premises and surrender them to the County upon termination of the Agreement, Officer will be liable for rent at a rate of $20.00 (Twenty Dollars) per square foot per month prorated for the time he/she continues to occupy the the property. USE. 3. The premises shall be used solely for the purpose of a residential premises. If the premises are used for any other purpose, the County shall have the option of immediately terminating this agreement. The Officer shall not permit any use of the premises in any manner that would obstruct or interfere with any County function or duties. The Officer will further use and occupy said premises in a careful and proper manner, and not commit any waste thereon. The Officer shall not cause, or allowed to be caused, any nuisance or objectionable activity of any nature on the premises. The Officer will not use or occupy said premises for any unlawful purpose and will, at the Officersole 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. The Officer acknowledges that if he or she ceases to be employed as a law £kªY®Õ_ªÉ£YÆÃªÃ±â®3® ¢â_ªø£«ª¡ enforcement Officer during the term of the lease, for any reason whatsoever, the lease is terminated. Officer covenants and agrees that he 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 upon the expiration of the lease he or she will return the premises to the same good state of repair as when he or she moved into the premises. The Officer agrees that only his or her immediate family or an approved non-law enforcement roommate shall occupy the premises. The Officer 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 Officer accepted the house. The Officer agrees to pay any fees that the County incurs to clean the premises if necessary after the officer vacates the premises. RENT AND SECURITY DEPOSIT. 4. For the use of the premises, the Officer shall pay the County the current rent of ________________________ Dollars ($____.00) per month, said payment due on the first day of the month. The Officer shall pay a 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 of Courts, Finance Department, 500 Whitehead Street, Key West, FL 33040. UTILITIES. 5. The Officer 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 Officer shall arrange for and provide residential electric service, telephone service, and cable television service, at his or her own expense. The cost of connections for residential telephone service and cable television service shall be paid for by the Officer. QUIET ENJOYMENT 6. . Upon the payment by LESSEE of the rents provided, and 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. ASSIGNMENT AND SUBLETTING 7. . 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. CONDITIONS. 8. The Officer further agrees that, during the term of this agreement: a) the Officer is and will remain certified as a regular, fulltime law enforcement Officer by the Florida Criminal Justice Standards and Training Commission; b) the Officer is and will remain a office and empowered to make arrests under the laws of the State of Florida; £kªY®Õ_ªÉ£YÆÃªÃ±â®2® ¢â_ªø£«ª¡ c) he or she will not sub-lease the premises nor assign any obligation, benefit or duty created under this Agreement, without written consent of the County. d) he/she shall have a letter of permission from his/her Agency Head permitting Officer to execute Agreement which shall be attached to this Agreement as . DUTIES AND REPORTING. 9. The Officer shall, at least twice each 24 hour period, conduct an inspection and walk through of the property, and shall check for any signs of theft, vandalism, and shall question, and if necessary remove, any unauthorized or suspicious persons found on site. The Officer shall also note in writing any damage, safety hazards, civil or criminal activity observed during his or her inspection and shall inform the Division Director of the such hazards in writing within 2 days or immediately if the inspection reveals a criminal act, or possible danger to a member of the public. In addition to the above, a regular report on the inspections shall be forwarded to the Officer to the Division Director of Monroe County Public Works on the last day of each month or within 5 days thereof. The report shall contain the date and time of the inspection, what the inspection found, whether a citation or arrest report, or Notice to Appear or any other instrument was issued, a copy of any document issued shall be attached to the report, a notation as to the action taken by the Officer, and when remedied, a notation of what was done. TERMINATION BY COUNTY. 10. This Agreement may be terminated before the expiration of a one year term, with or without cause and in the sole discretion of the County, upon a) 60 days written notice by the County to the Officer, b) 30 days written notice by the County to the Officer when; i) The Officer has left the employee of the MOffice; ii) The Officer is no longer certified as required by this agreement; iii) The Officer 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; iv) The Officer fails to conduct the walk around inspections required by this Agreement or fails to inform Monroe County Public Works of any observed safety hazards as required under this Agreement; v) The Officer leases the premises or assigns any interest without the required consent under this agreement; c) 15 days notice by the County to the Officer in an emergency situation. DEFAULTS 11. . 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. £kªY®Õ_ªÉ£YÆÃªÃ±â®1® ¢â_ªø£«ª¡ TERMINATION BY OFFICER. 12. The Officer may terminate this Agreement upon 30 days written notice to the County if he or she transferred to a substation whose location would make it impractical to continue to reside at the residence or if the Officer leaves the employ of the Monroe County Office; or upon 15 days notice by the Officer to the County in an emergency situation. INSURANCE AND HOLD HARMLESS. 13. The Officer agrees to carry $10,000 (Ten Thousand Dollars) in personal liability coverage on the premises and shall provide evidence thereof by Certificate of Insurance. Officer will notify County upon receipt of any notice of reduction or termination of such insurance, and shall immediately obtain replacement insurance. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement under section 7 of this Agreement, Lessee shall defend, indemnify and hold the County and the County actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (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 on 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 default in respect of any of the obligations that it undertakes under 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 any of its employees, agents, contractors or invitees (other than Lessee). 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. DAMAGE TO ANIMALS OR PLANTS BY PET(S). 14. The Officer shall have sole responsibility for any damage, harm, nuisance, claim or other liability which arises as result of the Officer(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 taking of endangered or threatened species of animals as a result of the action of the Officers pet(s). Officer 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 Officer has exercised to prevent any takings. Any repairs shall be paid for by the deputy within thirty (30) days of being given notice by the County of the cost of the damages. ALTERATIONS AND/OR MODIFICATIONS. 15. If the Officer wishes to make 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 alterations and/or modifications. NOTICE. 16. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: £kªY®Õ_ªÉ£YÆÃªÃ±â®0® ¢â_ªø£«ª¡ For the Officer: For the County: ________________________________ Dent Pierce Division Director Signature of Officer Public Works _____________________________ 1100 Simonton Street _____________________________ Key West, FL _____________________________ Telephone: 305-292-4560 Telephone: (305) _______________ ATTACHMENTS 17. . The following documents are required to be attached to this Agreement: a) EXHIBIT A: Letter f Agreement. b) EXHIBIT B: Certificate of Liability Insurance c) EXHIBIT C: This Agreement shall not be effective until signing by all parties and by attaching all fully completed Exhibits to the Agreement. OFFICER NOT AN AGENT OR EMPLOYEE OF THE BOARD 18. : It is specifically agreed that the Officer is not an agent or employee of the Board of County Commissioners; that the Officer agrees that he/she is not e compensation, health or life insurance, retirement benefits, or social security benefits because of this Agreement; and that any acts performed under this Agreement by the Officer are strictly in his/her capacity and under his/her authority as a law enforcement Officer. This provision is not enforce the state laws, and County Ordinances. WHOLE CONTRACT AND WAIVER. 19. This Agreement is the whole Agreement between the parties, and no prior or contemporaneous 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. MODIFICATIONS. 20. If the Officer wishes to make any modifications or alterations to the premises, he/she must first make the request in writing to the County, and receive permission from the Division Director of Public Works prior to making any alterations. GOVERNING LAWS/VENUE. 21. 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 Officer specifically agree that neither the provisions of Chapter 733, Florida Statutes (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 use as constructing provisions of this Agreement. 22. . Should any cause of action or administrative proceeding arise out of this lease in connection with the enforcement or interpretation of this lease between costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party. £kªY®Õ_ªÉ£YÆÃªÃ±â®/® ¢â_ªø£«ª¡ Mediation proceeding 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. MEDIATION. 23. The parties agree to mediate any disputes under this agreement, and further agree that they will not arbitrate any disputes. SEVERABILITY. 24. 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. ABANDONMENT 25. . 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. INSPECTION OF PREMISES 26. . 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 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, but that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises. RADON GAS. 27. 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. SECTION HEADINGS. 28. 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. £kªY®Õ_ªÉ£YÆÃªÃ±â®.® ¢â_ªø£«ª¡ MUTUAL REVIEW. 29. 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 been executed this Agreement as of the date first written above. BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By:_________________________ By:___________________________ Deputy/Clerk Mayor WITNESSES for DEPUTY: DEPUTY: ____________________________ Signature Deputy Signature ___________________________ Print Name Print Name ___________________________ Signature ___________________________ Print Name £kªY®Õ_ªÉ£YÆÃªÃ±â®-® ¢â_ªø£«ª¡