Item D06 � D.6
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
April 15, 2020
Agenda Item Number: D.6
Agenda Item Summary #6563
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, 2020, through May 31, 2021. 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, May 16, 2018 and April 17, 2019 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(Employee-T.O.) for a one (1)year
term.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Residential Lease with exhibits (executed& legal stamped)
FINANCIAL IMPACT:
Effective Date: June 1, 2020
Packet Pg.267
D.6
Expiration Date: May 31, 2021
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 03/03/2020 2:13 PM
William DeSantis Completed 03/03/2020 3:11 PM
Budget and Finance Completed 03/03/2020 3:49 PM
Maria Slavik Completed 03/04/2020 8:39 AM
Kathy Peters Completed 03/04/2020 9:15 AM
Board of County Commissioners Completed 03/18/2020 9:00 AM
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COUNTY-OWNED PROPERTY RESIDENTIAL LEASE
(EMPLOYEE) y
This Agreement is made and entered into on this 18th day of March, 2020, 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 TROY D. OLIVER, a single person, and
Monroe County Employee, ("Lessee").
ITNESSET :
WHEREAS, the County owns a residential duplex premises ("Premises") located at 382
Caribbean Drive, Key Largo, Monroe County, Florida 33037, 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;
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NOW, THEREFORE, the parties agree as follows:
I. PROPERTY. County leases to the Lessee the Premises located at Unit B of the Duplex facility
known as 382 Caribbean Drive, Key Largo, Florida(previously the Mar property) and more particularly
described as Unit B, Lots 326 and 327, Port Largo 41h Addition, Key Largo, Monroe County, Florida
33037 (RE#00453474-000326).
2. TERM. The term of this agreement is for one (1) year commencing on June 1, 2020, and
running through May 31, 2021. There is no automatic renewal of this Agreement. The Lessee shall
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, N
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 y
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 W
future ordinances and/or rules, regulations, requirements, and orders of governmental authorities or
agencies respecting the use and occupation of said Premises.
County-Owned Property Residential Lease
(Employee)
Packet;Pg. 269
D 6.a
Lessee covenants and agrees that he 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 will return
the Premises to the same good state of repair as when he moved into the Premises.
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
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 c
Monroe County Clerk of Courts, Finance Department, 500 Whitehead Street, Key West, Florida 33040. 0
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
and cable television service shall be paid for by the Lessee.
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6. QUIET 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 y
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. W
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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, X
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.
9. TERMINATION BY COUNTY. This Agreement may be terminated before the expiration of
a one (1) year term, with or without cause and in the sole discretion of County, upon
a) Sixty (60) days' written notice by the County to the Lessee,
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
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.
County-Owned Property Residential Lease -
(Employee) Packet IPg. 270
D 6.a
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.
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 y
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 M
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 W
losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in
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 t
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 c
this Lease, this section will survive the expiration of the term of this Lease or any earlier termination of
this Lease.
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 result of the
Lessee(s) keeping pets or other animals on the Premises, including the parking area upon which the rental F
Premises is situated. Any repairs of the Premises, caused by animals or pets of the Lessee, shall be paid 0.
for by the Lessee within thirty (30) days of being given notice by the County of the cost of the damages.
13. ALTERATIONS AND/OR MODIFICATIONS. If the Lessee wishes to make any C
modifications or alterations to the Premises he must first make the request in writing to the County, and
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receive written permission from the Assistant County Administrator prior to making any alterations a
and/or modifications.
14. NOTICE. Notices in this Agreement, unless otherwise specified, must be sent by United States W
Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place
of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided
in this paragraph. Notices shall be sent to the following:
For the County• For the Lessee:
Kevin Wilson,
Assistant County Administrator Troy D. Oliver
1100 Simonton Street, #2-216 382 Caribbean Drive, Unit B
Key West, Florida 33040 Key Largo, Florida 33037
Telephone: (305)453-8797 Telephone: (305) 797-1509
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.
County-Owned Property Residential Lease � -3 v-
(Employee)
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D.6.a
b) EXHIBIT B: Certificate of Liability Insurance.
This Agreement shall not be effective until signed by all parties and by attaching all fully
completed Exhibits to the Agreement.
16. WHOLE CONTRACT AND WAIVER. This Residential Lease is the whole Agreement Ch
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 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 c
provisions of this Agreement.
18. ATTO EY'S FEES. 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 Lessee, 0.
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
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
agree that they will not arbitrate any disputes.
20. SEVERABILITY. If any term or provision of this Agreement shall to any extent be held
CD
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each 2
remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent 06
permitted by law.
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 N
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 y
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 a
liability for doing so.
22. HAZARDOUS MATERIALS. Lessee shall not keep on the Premises any item of a dangerous, E
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.
County-owned Property Residential Lease4f�
(Employee)
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D.6.a
23. INSPECTION OF PREMISES. 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 Promises 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 10 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.
24. MON GAa. 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
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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
written above.
BOARD OF COUNTY COMMISSIONERS m
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Attest: KEVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA, a
LESSOR
By:...... ... a................................................m.m.... X
Deputy/Clerk Mayor
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WITNESSES for LESSEE: TR.Q D.OLIVER,LESSEE
si " ture .,� -
dint Name Dale Print Name
ry y
Signature
COUNTY ATTORNEYS OFFICE e
.. ° a�
VEQ F
Print Name Date
PATRICK EABLES
ASSISTANT A
F
r..m.,, ...��a. _.... .,_
County-Owned Property Residential Lease .5-
(Employee)
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D 6.a
EXHIBIT " "
RESIDENTIAL LEASE MEMORANDUM WITH A MONROE COUNTY
EMPLOYEE (T.O.) TO RESIDE IN UNIT B AT LOCATION F
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Packet iPg. 274
D.6.a
E M O R A N D U
DATE: February 03,2020
OK
To Kevin Wilson,Assistant County Administrator T e
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FROM: John Glista,Plantation Key,Public Works/Roads
by Alice Steryou;Contract Monitor Public Works/Facilities
RE: Agenda Item--March 18,2020 BOCC Meeting o
County Employee Troy Oliver Residential Lease Unit B,
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 r
and was approved.
I hereby request approval to enter into a one-year residential lease agreement with a
Monroe County employee to reside in Unit B at Location F. This employee has been
leasing this Unit B,Location F since June 01,2011. x
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Enclosures
John lista Dated
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Packet;Pg- 275
D 6.a
RESIDENTLAL LEASE WITH A MONROE COUNTY EMPLOYEE (T.O.)
TO RESIDE IN UNIT B AT LOCATION F
CERTIFICATE OF INSURANCE
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Packet;Pg. 276
D 6.a
Universal Properly 3 Casualty Insurance Company,A Stock Tenant
Company UNIVERSAL
c/o Evolution Risk Advisors,Inc. Declaration Effective PROPEKry
1110 W.Commercial Blvd 07/1 5120 1 9 y
Fort Lauderdale,FL 33309ns
Reneml Policy
J
THIS 1S NOT A BILL ns
For Policy or Claims Questions Contact Your�y Agent Listed Below
Policy Number FROM Policy Period T INSURED BILLED A ant Code
1502-110 17 07/1 019 0711 020 12:01 AM Standard Time 9S30
mad Insured andAddmn TROY OLIVE ent Name and Addimn
The Insurance Connection of South W
P.O.BOX 371807 Florida,Inc
Key Largo,Ft 33037 99353 Overseas Hwy.#1
(305)797-1014 Key Largo,FL 33037
(30$)451-1467 0
2 CARIBBEAN D #2 KEY LARGO,FL 33037 MONROECOUNTY
Premium Summary O
Basis Ctiverages Attached Endorsements Total Policy PrerWum
Premium Premium AssessmentsiSurcharips MGA FeesJPollcy F (Including Assestiments B arges)
$100.00 $0.00 $0.00 $27.00 $127.00
Rating Information
T house! O
Number of Protection
Form Construction Year Rowhouse Families Occupied Class TeMtory BCEG
Masonry 1982 N 1 Y 5 005 99
Dwelling Personal Property Protective Device Cr
County Replacement Cat Replacement Coat Burglar Fire Sprinkler ns
Monroe NIA N N N N
e will provide the insurance described In this policy in return for the premium and compliance with all applicable provisions ns
of this policy.For renewals:If we elect to continue this insurance,we will renew this policy if you pay the required renewal ar
premium for each successive policy period subject to our premiums,rules and forms then in effect You must pay us prior to
the end of the current policy period or else this policy will expire. 06
Insurance is provided only with respect to the foilovdng coverages for which a limit of liability is specified.subject to all the
conditions of this policy,
COVE G 5-SECT 1 LJ ITS PREMIUMS COVERAGES-SECTION II LIMITS PREMIUMS
Coverage A DW „nig so CoverageE-Personal LlabUlw $100,000 $0.00
Coverage B-Other Structure $0 Coverage F-'cal Payments $1.000 $0 00
Coverage C-Personal Property $20,000 $100.00
Coverage D-Loss of Use $4,000 x
NOTE. The portion of your premium for hurricane coverage is:$0.00
The portion or your premium for all other coverages Is:$127.00
m
THIS POLICY DOES NOT INCLUDE COVERAGE FOR T NIL
Section 1 Coverages Subject to$1,000 All Other Perils (Non-Hurricane)Deductible Per Loss.
Flood coverage is not provided by Universal Property8 Casualty Insurance Company and is not part of this policy.
George M.5anabria �
Countersigns Date Chie tive Officer
BY
lob
ylyi
a 21
UPCIC HO DEC 1511 IS Printed bale: 51122019 3 59 03 PM 1'
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D 6.a
Universal Property A Casualty Insurance Company, Stock
Compan4Wy UNIVERSAL
c/o Evolution Risk Advisors,Inc. Declaration E cavePROPERTY
„ ° W
i'1u W.Commercial Blvd 07115QOI O <n
Fort Lauderdale,FL 33309 M
Renewal Pocky
THIS IS NOT A BILL
Pollu Dumber I FROM Policy Period T INSURED BILLED Agent Code
1502-1100-9 17 07/15/2019 07/15/2020 12601 AM StandardTime 9Sa0
Additional Interest
MortgagaWAddidonal interest 01 W
MortgageelAdditionalinterest 02 ort g Addl nal Interest03
0
Policy Forms&Endorsements Applicable to This Policy 0)
NUMBER EDITION DESCRIPTION UNITS PREMIUMS 0
UPCIC H0415051B Homeowners 4 Contents Broad Form $100.00 0.
UPCIC 80515 031 B Wane of Your Homeowner Policy
UPCIC sm 15 12 17 Windstorm or Bail Exclusion
UPCIC 601 1612 1.7 No Coverage for Home Day Care Business
MGA Fee $25 0tl
Emergency Management Preparedness Assistance Trust Fund $2 00 tJ
LAVA AND ORDINANCE: LAIN AND ORDINANCE COVERAGE IS AN
IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE
DISCUSS WITH YOUR INSURANCE AGENT.
FLOOD INSURANCE; YOU MAY ALSO NEED TO CONSIDER THE
PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER'S INSURANCE
POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING W
FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE
FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE
COVERAGE, YOU MAY HAVE UNCOVERED LOSSES CAUSED BY FLOOD.
PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD
INSURANCE COVERAGE WITH YOUR INSURANCE AGENT.
NPORTANT:This raplacea all previously Isumd pailcy dadarations,If any and S NUNert to all funne and endorsements attached to this policy.
UPCIC NO DEC 1511 18 Printed Date; 611V20ig 3`59 03 PM 2 of 2
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