Item G2 G.2
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2
- p �pw° Danny L.Kolhage,District I
aµ David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
December 11, 2019
Agenda Item Number: G2
Agenda Item Summary #6303
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 a resolution authorizing the acceptance of a two month
lease extension (attached as exhibit A) extending the existing lease with Limetree Bay Owners, LLC
for Unit 10 located at 68250 Overseas Hwy. (attached as exhibit B.) (COMPANION ITEM TO
BOCC ITEM)
ITEM BACKGROUND:
During the FY10 budget process, the BOCC approved career staffing for Layton Fire Station 418.
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 1-year
lease has a monthly rate of $2,950 (including utilities) and expires on 12/28/19. Limetree Bay
Owners, LLC has chosen not to renew the existing annual lease, but has agreed to a two-month lease
extension to allow the County time for renovation of an adjacent property as housing for our
firefighters. The lease extension maintains the existing monthly rate of $2,950 (including utilities)
and would extend the lease from 12/29/19 through 2/28/20. The FY20 budget includes appropriated
funds to continue leasing housing for the Layton/Long Key firefighters.
PREVIOUS RELEVANT BOCC 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.
11/20/18: BOG approved 1-year lease with Limetree Bay Townhouses, LLC for $2,950 per month.
CONTRACT/AGREEMENT CHANGES:
2 month extension of existing lease agreement with Limetree Bay Owners, LLC
STAFF RECOMMENDATION: Approval
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G.2
DOCUMENTATION:
Resolution Lease Extension
Exhibit A - Limetree Bay Lease - Letter to Monroe County Fire Rescue.docx
Exhibit B - Limetree Bay Townhouses LLC Lease Agreement Expires 12-28-19
FINANCIAL IMPACT:
Effective Date: December 29, 2019
Expiration Date: February 28, 2019
Total Dollar Value of Contract: $5,900.00
Total Cost to County: $5,900.00
Current Year Portion: $5,900.00
Budgeted: Yes
Source of Funds: Fund 141, Cost Center 11500
CPI: N/A
Indirect Costs: NA
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
12/29/19 141-11500 - FIRE& RESCUE CENTRAL $5,900.00
2 Months at $2,950.00
REVIEWED BY:
James Callahan Completed 11/22/2019 11:20 AM
Pedro Mercado Completed 11/22/2019 11:24 AM
Kathy Peters Completed 11/25/2019 9:05 AM
Board of County Commissioners Pending 12/11/2019 9:00 AM
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G.2.a
RESOLUTION NO. -2019
A RESOLUTION OF THE BOARD OF GOVERNORS OF
MONROE COUNTY FIRE AND AMBULANCE DISTRICT 1,
MONROE COUNTY, FLORIDA, AUTHORIZING LEASE
EXTENSION OF UP TO TWO MONTHS FOR UNIT 10, 68250
OVERSEAS HIGHWAY, LAYTON, FLORIDA; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on December 29, 2015, the Board of Governors of Fire and Ambulance
District 1 ("District") entered into a Residential Lease for a Single Family Home and Duplex U)
("Limetree Lease") with respect to Unit 10 at 68250 Overseas Highway, Layton, FL 33301 (the
"Leased Premises")for use as crew quarters by Monroe County Fire Rescue firefighters stationed g
at Station 18 in Layton; and
WHEREAS, the 2015 Lease was extended through December 28, 2019 ("Lease
Expiration Date") by virtue of a Lease Extension Agreement executed by and between the District 0
and Limetree Bay Townhouses LLC, the owner of the Leased Premises ("Owner'), on November
26, 2018 attached as Exhibit B; and
WHEREAS, on May 16, 2018, the Monroe County Board of County Commissioners
approved the purchase of a piece of property at 68300 Overseas Highway in Layton, Florida, for
future use as a location for a fire station; and
WHEREAS, Monroe County is renovating a single-story structure on the property for use
as crew quarters while a new fire station is being designed, but the current projection is that
renovations will not be complete and the space will not be habitable until February 2020; and U,
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WHEREAS, the County therefore desires to extend the Limetree Lease from the current
Lease Expiration Date by two months, through February 28, 2020; and
WHEREAS, the Owner has indicated that it is amenable to the lease extension; and
WHEREAS, on August 29, 2019, Limetree Bay Townhouses LLC merged with Limetree
Bay Owners, LLC, with Limetree Bay Owners, LLC ("Landlord") being the surviving entity and W
being the current owner of the Leased Premises, and it advisable and necessary to correct the U)
name of the owner of the Leased Premises.
NOW, THEREFORE BE IT RESOLVED:
1. The District is authorized to accept the lease extension on the terms and conditions
set forth in the letter dated November 13, 2019, attached as Exhibit A to this Resolution and made
a part hereof.
2. On or before December 28, 2019, the District shall notify the Landlord whether it
wishes to extend the term of the Limetree Lease by one month, through January 28, 2020, or two
months, through February 28, 2020.
3. The Clerk is authorized to pay up to two (2) months' additional rent beyond the
current Lease Expiration Date, at two thousand nine hundred fifty dollars and no cents ($2,950.00)
per month.
4. This Resolution shall be effective upon adoption.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 11th day of December 2019.
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Attest, KEVIN MADOK, CLERK BOARD OF GOVERNORS, MONROE U)
COUNTY FIRE AND AMBULANCE r-
DISTRICT 1
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By: By:
Deputy Clerk Chairperson
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GreenbergTraurig &
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Juan P. Lourniet, Esq.
Tel 305.579.5205
Fax 305.96 f.5525 0
loumietj@gtlaw.com U)
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November 13, 2019
YA.9.PS NEXT...DA1n.AIR U)
Board of Governors of Fire and Ambulance
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District I of Monroe County,Florida W
c/o Monroe Fire Rescue 0U)
490 63rd Street Ocean, Suite 140
Marathon, Florida 33050
Re: Townhouse Lease, Unit 10, 68250 Overseas Highway, Layton, Florida
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Ladies and Gentlemen: X
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We represent Limetree Bay Owners LLC (successor to Limetree Bay Townhouses LLC). We
refer to the Lease Extension Agreement dated November 26, 2018, entered into between Limetree
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Bay Townhouses LLC and the Board of Governors of Fire and Ambulance District I of 0
Monroe County, Florida ("Tenant" .
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Pursuant to the Lease Extension Agreement, the Lease Expiration Date is December 28,
2019. Notwithstanding termination of the Lease upon its expiration, so long as Tenant delivers to 0
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Landlord a rental payment for the month of January 2020 in the amount of$2,950.00 on or prior to 0
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the Lease Expiration Date (no later than December 28, 2019) and otherwise observes the terms of the
Lease as if it were still in effect, Landlord will agree to forbear, for a period of thirty(30) days (until 0
January 28, 2020), from exercising any remedy Landlord has under the Lease or otherwise for 0
Tenant's failure to vacate the Leased Premises. Tenant's rental payment for the month of January
2020 in the amount of$2,950.00 on or prior to the Lease Expiration Date (no later than December
28, 2019) will be deemed acceptance by Tenant of the foregoing terms and conditions.
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Assuming Tenant's acceptance of the foregoing terms and conditions, if Tenant obtains the
requisite Board approval, Tenant may elect to extend its occupancy of the Leased Premises for an
additional thirty(30) days (until February 28, 2020) upon written notice to Landlord of such election
no later than December 28, 2019 and Landlord shall be deemed to have accepted the extension
without further action by Landlord.
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Sincerely,
Greenberg T!frig,, P.A. :2
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JPUcr
cc: Mr. Victor Bubnow(via e-mail) By:
Ms.Yesi Diaz(via e-mail) ,,,"Juan P. Lourniet, Esq, E
Ms. Debbie Loffierg(via-email)
Greenberg Traurig,P.A. I Attorneys at Law
333 SE 2nd Avenue I Suite 44001 Miami,Florida 33131 T+1 305.579.05001 F+1 305.579,0717 1 www.gtiaw.com
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LEASE EXTENSION AGREEMENT
THIS LEASE EXTENSION AGREEMENT (this "Extension") is made and entered into
as of the 26th day of November, 2018, by and between Board of Governors of Fire and
Ambulance District 1 of Monroe County, Florida c/o Monroe Fire Rescue, 490 63`d Street Ocean U)
Suite 140, Marathon, FL 33050 "Tenant" and Limetree Bay Townhouses LLC, a Florida
limited liability company ("Landlord").
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WHEREAS:
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A. Tenant and Landlord entered into a Residential Lease for Single Family Home U)
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. N
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NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency ofIr-
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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 0.
in the Lease. The foregoing recitals are true and correct and are incorporated herein by this
reference.
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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 U)
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 0
utilities, electric, propane and water for the term of the Lease. Tenant shall pay for telephone,
cable and/or internet services.
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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
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,
Tenant hereby (i) acknowledges and agrees that neither Tenant nor, to Tenant's actual
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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defenses against Landlord or against Tenant's obligations under the Lease, (iii) waives and
relinquishes any and all claims, offsets and/or defenses whatsoever which Tenant may now have; CO
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. Notice. All notices must be sent to Victor Bubnow, 105 Curlew Road, Manalapan,
Florida 33462 with an email address of vbubnow@gmail.com with a copy to Juan Loumiet, 333 S.E. 2°d
Avenue,Miami, Florida 33131 with an email address of loumietj(@,p-tlaw.com. All notices to the Landlord
shall be given by U.S. mail or hand delivery and email.
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Any notice to Tenant shall be given by email to Debbie Lofberg with an email address of lo. fberg_
debbie@monorecounty-fl. og_v.
7. Miscellaneous.
(a) This Extension shall be construed and governed in accordance with the N
laws of the State of Florida.
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(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 U)
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 E
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.
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8. Entire Agreement. This Extension constitutes the entire agreement and
understanding among the parties with respect to the subject matter hereof. This Extension may E
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 CO
upon the parties hereto and their respective successors and permitted assigns.
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IN WITNESS WHEREOF, the parties have executed and delivered this Extension on the
date first above written.
WISES S.E TENANT:
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Board of Governors of Fire and Ambulance District
(sAL) 1 of Monroe County, Florida c/o Monroe Fire
PEsT K'CLERK Rescue, 490 63Td Street Ocean Suite 140, Marathon,
FL 33050
DEPU CLERK
By:
Printed Name: Name: oarl Ica a�
Title: C17a /zo�a�r
Printed Name:
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LANDLORD:
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Limetree Bay Townhouses LLC, a Florida limited
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