Item S1
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BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Heather Carruthers, District 3
Mayor Pro Tem Michelle Coldiron,District 2
TheFloridaKeys
Craig Cates, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
February 19, 2020
Agenda Item Number: S.1
Agenda Item Summary #6618
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado (305) 292-3470
N/A
AGENDA ITEM WORDING: Approval to terminate lease with DAV and take all actions
necessary, including initiation of litigation if necessary, to reclaim possession of the property.
ITEM BACKGROUND: The County Attorney seeks authorization to take steps, including the
initiation of litigation if necessary, to reclaim possession of the County owned property that has been
leased to the Disabled American Veterans, Chapter 122, located at 7280 Overseas Highway in
Marathon.
On June 15, 2005, the County entered into a 5-year lease with the Disabled American Veterans,
Chapter 122 (DAV) for the premises located at 7280 Overseas Highway on the Marathon airport
property. The lease was extended twice with each extension providing an additional 5 year term. The
current extension is set to expire on June 14, 2020. County staff has been in regular contact with
DAV over the last several years making it clear that the county would not extend or renew the lease
when it expires on June 14, 2020.
The Director of Veterans Affairs, present and past, have met with DAV leadership along with other
County staff on a number of occasions in an attempt to assist that organization with a transition plan
to no avail. Compounding matters, County staff learned that the National DAV has suspended DAV
Chapter 122. That suspension prompted a review of the lease during which staff determined found
that DAV Chapter 122 has breached the insurance requirements provided for in the lease.
On January 21, 2020, ffice sent a Notice of Default and Non-Renewal of
Lease to DAV via FedEx, which was delivered and signed for on January 22, 2020. DAV was
provided with a 15-day cure period to remedy its breaches of the lease. DAV was also informed that
if the breach had not been cured by 9 a.m. on February 10, 2020, the County would agenda an item
asking the Board to find that the DAV has defaulted on its lease obligations and terminate the lease.
DAV Chapter 122 has not provided proof of insurance and has continued to use the property in
violation of their charter with DAV and of the lease requirements instead.
PREVIOUS RELEVANT BOCC ACTION: Entered the original lease on June 15, 2005 for a term
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of 5 years; extended the lease for an additional 5 years in June 2010; and extended the lease a second
time for a term of 5 years in April 2015.
CONTRACT/AGREEMENT CHANGES:
Termination
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FKMAP - Default and Non renewal notice - DAV Jan. 2020 executed
Copy of 2/5/2020 letter re: the current status of the Florida Disabled American Veterans Marathon
Chapter #122
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: TBD
Current Year Portion: N/A
Budgeted: NO
Source of Funds: TBD
CPI: N/A
Indirect Costs: TBD
Estimated Ongoing Costs Not Included in above dollar amounts: TBD
Revenue Producing: NO If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 02/11/2020 11:18 AM
Pedro Mercado Completed 02/11/2020 12:18 PM
Budget and Finance Completed 02/11/2020 12:22 PM
Maria Slavik Completed 02/11/2020 12:41 PM
Kathy Peters Completed 02/11/2020 2:55 PM
Board of County Commissioners Pending 02/19/2020 9:00 AM
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